MINUTES
AUGUST 16,2022
CLOSED SESSION
6:00 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL . COUNCIL
IVlayor Hupp called the Closed Session to order at 6:00 p.m., all members were present, with Councilmember [/arick present via Zoom teleconference.
Present: Hupp, Parker, lVlarick, Vargas, Simonoff
1. Public Comment
None.
Closed Sesslon may convene to consder matters of purchase / sale of [G.C. Ssag56.9(d)(2X3) or (4)] llability claims (c. C. S54961) or person realproperty (G. C. S549s6.8), pending tirigation [G.C.S549s6.gidxi)]. potentiat I tioation fiel items (G.C.S54957.6). Records not available lor public inspection.
Conference with City's Labor Negotiator Pursuant to Government Code 554957.6 Regarding the Brea Fire Management Association (BFMA)- Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney.
Conference with Legal Counsel Pursuant to Government Code Section 549S6.9(dXl) - Existing Litigation. Name of Case: Lancaster v. City of Brea (Case No. 30-2022-0 1 27 0666-C U-WM-CJC)
Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX4) - Anticipated Litigation. lnitiation of Litigation: 1 potential case.
Mayor Hupp adjourned the Closed Session at 6:25 p.m.
3 CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Study Session to order at 6:30 p.m., all members were present, with Councilmember l\ilarick present via Zoom teleconference.
Public Comment
None.
BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
2. 4.
STUDY SESSION
6:30 p.m. - Executive Conference Room
Level Three
5. August'16, 2022
,|
l\lELtll lv aI
DISCUSSION ITEMS
REPORT
7 Commissioner Compensation
Management Analyst Davis provided a brief presentation and spoke about previous Council discussions related to Commissioner compensation, budget and next steps.
Council discussed the differences between the Planning Commission and other Commissions in the City, noting that the Planning Commission is mandated through the State; previous compensation models for Commissions; Planning Commissioner training, and attendance records for Commissioners.
Council concurred to compensate the Planning Commissioners at a rate of $50 per meeting with a maximum of $100 per month, contingent upon their completion of Planning Commission training and recertification. Council directed staff to return at a later date with a formal resolution and further discussion on compensation for other Commissioners at a later date.
Mayor Hupp indicated she is not in favor of diverting traffic from Cliffwood and the adjacent business park. Councilmember Simonoff concurred with IVlayor Hupp.
Council Member ReporURequests
Councilmember Vargas indicated that he is off of active military orders effective September 2 Mayor Hupp Adjourned the Study Session at 6:51 p.m
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
8 CALL TO ORDERY ROLL CALL. COUNCIL
Mayor Hupp called the General Session to order at 7:0'l p.m., all members were present, with Councilmember Marick present via Zoom teleconference.
10.Pledge of Allegiance
Boy Scout Troop 707 led the Pledge of Allegiance
11.lnvocation
Tyler Lemen, Birch Street Friends Church, delivered the lnvocation August 16, 2022,
Traffic Signal Modif ication Project CIP No.7717 Discussion Traffic Engineer Roseman provided a brief presentation and indicated that due to cost savings and long lead time, staff is requesting that Council approve plans and specifications and authorize the purchase of traffic signal poles, He also spoke about the projects at State College, Balsa and Cliffwood; and previous kaffic studies along Cliffwood.
Council discussed cut through traffic on Cliffwood; commercial vehicles in the neighborhood; and impacts to the neighboring business park.
9. 12.
13. 14.
15. 16.
Presentation: Clarissa Serpas, Southern California Gas Company Clarissa Serpas, Public Affairs Manager, Southern California Gas Company, introduced herself to the City Council and the Brea community.
Presentation: Lambert/SR-57 Update
Melinda McRae, PlO, Caltrans District'12, provided an update on the SR-s7/Lambert Road lnterchange Project. She presented a PowerPoint and spoke about project goals; project limits; contract and funding; project scope; ongoing and completed contract work; and next steps. ln response to Council questions, Andrew Chauh, Caltrans Supervising Transportation Engineer, spoke about project delays and indicated that Caltrans is working closely wtth the contractor to address issues with the construction of the northbound bridge widening portion of the project.
Council discussed the project timeline, Caltrans staffing levels; construction findings and specifications; and project completion date.
Report - Prior Study Session
City Manager Gallardo presented the report on the prior Study Session.
Community Announcements
Councilmember Simonoff announced that the City of Brea will be hosting its 19th Annual lnner Coastal Cleanup and Watershed Cleanup Day on Saturday, September 17 th from 7:00 to 'I 1 :00 a.m. in the Brea Creek Channel, located on the lower level of the Brea Downtown parking structure. He stated that this is a great volunteer opportunity for families, friends, co-workers, Scout Troops, school groups, and service clubs.
Mayor Pro Tem Parker announced that CERT classes are returning September 6 through the
24. He explained that the Community Emergency Response Team, better known as CERT, is a nationwide program that trains citizen responders to offer assistance in their neighborhood in the event of a large-scale disaster or other local emergency.
Councalmember Vargas announced the Arovista Skate Park will be re-opening on Saturday, September 10.
Matters from the Audience
Lee Squire spoke about national unity, the Afghan and lraq war, and spoke in support ofthe police.
Blair Stewart spoke about has background, thanked the Council for their service and announced his candidacy in the upcoming November election.
Ted Gribble thanked the Council for their service, spoke about campaign contributions, and item 31, Approve Purchase of Utility Poles for Safety Netting at Brea Creek Golf Course CIP 7978.
Adriana (NAME) spoke about parking enforcement at the lmperial Park complex and availability of parking.
Keith Fullington spoke about Concerts in the Park and traffic and speeding vehicles at Brea Boulevard and Lambert Road.
Response to Public lnquiries - Mayor / City Manager
City lvlanager Gallardo responded to public inquiries.
17. Augu8t 16, 2022
3 PUBL| C HEARINGS - This portion of the meeting is for matters that legally require an oppoftunity for public input. Audience pafticipation is encouraged and is limited to 5 minutes per speaker.
18.Water and Sewer Rates
This item is continued to the November 15,2022 Regular City Council Meeting.
Mayor Hupp opened the Public Hearing.
Ted Gribble commended Community Development staff for their preparation of the Housing Element; noted his review of the Housing Element; and suggested increasing the minimum affordable housing for future developments in the City.
Seeing no further members of the public wishing to address the Council, Mayor Hupp closed the Public Hearing.
City Manager Gallardo spoke about previous Council incluslonary action requlring new development 10% of housing stock for low/moderate housing.
Council discussed revisiting the discussion on increasing the inclusionary action and exploring grant opportunities to offset affordable housing.
Motion was made by Council Member Simonoff, seconded by Mayor pro Tem parker to find the re-adoption of the City's 6th Cycle Housing Element exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidetines Section 15061 and Adopt Resolution No. 2022-061, approving General Plan Amendment No. GpA 2022-03 to amend and re-adopt the City's 6 th Cycle Housing Element for the 2021-2029 planning period, based on the findings and conclusions in the Resolution; and Direct City staff to submit the adopted revised Housing Element to HCD.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ITEMS - This agenda category is for City Councit consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."
2022 lnvestment Advisory Committee (lAC) Annual Update presentation and City Treasurer Presentation
Administrative Services Director Grifflth spoke about the background of the lnvestment Advisory Committee and the City's portfolio managers, Chandler Asset Management and High Mark Capital Management and introduced Dan Delaney of Chandler Asset Management.
Dan Delaney, Senior Portfolio Manager, Chandler Asset Management, spoke about Chandler,s investment objectives, performance objectives, and strategy; employment and inflation; the Federal Reserve and Bond Yields; City portfolio summary; long term performance; and compliance.
August 15, 2022
4 19. General Plan Amendment No. 2022-03: Amendment and Re-Adoption of the City's 6th Cycle Housing Element
City Planner Hwang provided a presentation on the item and discussed the executive summary; provided an explanation of the Housing Element, timeline; revised Housing Element; next steps; and revisions to the draft Resolution.
20. Keith Stribbling, Portfolio Manager, High Mark Capital Management, spoke about the PARS pension portfolio summary.
Denise Eby, City Treasurer, provided an overview presentation on the City's Bonds and obligations. She spoke about General Fund Revenue Bonds and Capital Lease Obligation Ivlaturity Schedule; Water Revenue Bonds maturity schedule; Successor Agency Bonds and long-term obligation maturity schedule; recent maturities; and Brea's unfunded pension liability.
Motion was made by Council l\ilember Simonotf, seconded by Council l\ilember Vargas to adopt Ordinance No. 1229, an Ordinance ofthe City Of Brea approving Zone Change No. 2022-01 fot the Brea 265 Specific Plan Project, and Ordinance No. 1230, an Ordinance of the City Council of the City of Brea approving Development Agreement No. 2022-01 By and between the City of Brea and Aera Energy, LLC regarding the Brea 265 Specific Plan Project.
AYES: lvlayor Hupp, l\ilayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonofi
Passed
22. City Attorney Boga provided a brief presentation, spoke about previous Council actions related to the Brea Plaza Shopping Center and read the full title of Ordinance No. 1231.
Motion was made by Council Member Simonoff, seconded by Mayor Hupp to adopt urgency Ordinance No. 1231 repealing Ordinance No. 1226 to rescind approval ofZone Change No. ZC 2021-02, and approved Resolution No. 2022-062 repealing Resolution Nos. 2022-031 and 2022-032to rescind approval of Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-18.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff
Other: Council Member Vargas (RECUSE)
Passed
CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff reguesfs fufther discussion of a pafticular item. ltems of concern regarding Consent Calendar matters should be presented during "Matters from the Audience."
CITY COUNCIL - CONSENT
Regarding item 27, Approval of Easement for OC Loop El Cajon Train Bikeway, Community Services Director/Assistant City Manager Emeterio introduced Brad Flower, lead project manager, Orange County Public Works.
Brad Flower, Orange County Public Works, spoke about the OC Loop, displayed the OC Loop segments map, and project schedule.
August 16,2022
5 21. Second Reading of Ordinances - Brea 265 Specific Plan City Attorney Boga read the titles of Ordinance Nos. 'l 229 and 1230.
Rescission of Approval of Zone Change No. ZC 2021-02, Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-'l.8 for Property Located at 1639 E. lmperial Highway (Brea Plaza Shopping Center) Councilmember Vargas recused himself from the discussion of this item.
24 Public Works Director Ho spoke about the draft agreement with Union Pacific and the City's partnership with the City of La Habra to extend east.
With Council Consensus, ltem 31, Approve Purchase of Utility Poles for Safety Netting at Brea Creek Golf Course CIP 7978, will be continued to a later date.
Regarding ltem 28, Approve Plans and Speciflcations, and Authorize the Purchase of Traffic Signal Poles for the Traffic Signal Modification Project, CIP No. 7717 , Mayor Hupp and Councilmember Simonoff indicated they have specific concerns about traffic diversion in and around the industrial park and Cliffwood Avenue.
23.July '19, 2022 City Council Regular Meeting Minutes
The City Council approved the July 19, 2022 Cily Council Regular Meeting l\ilinutes as written AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings The City Council made the following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact the ability of the members of the City's legislative bodies (including commissions and committees) to meet safely in person.
25.lnvestment Policy Guidelines for the City of Brea's Employee Benefits Fund Pension Plan
The City Council approved the lnvestment Policy Guidelines for the City of Brea's Employee Benefits Fund Pension Plan through Public Agency Retirement Services (PARS). 26 lnvestment Policy Guidelines for the City of Brea's Other Post Employment Benefits (OPEB) Trust Fund
The City Council reviewed and approved the lnvestment cuidelines for the City's Other post Employment Benefits (OPEB) Trust Fund through Publac Agency Retirement Services (pARS)
27.Approval of Easement for OC Loop El Cajon Trail Bikeway (Segment O) The City Council approved the easement dedication in favor of the County of Orange for bikeway access and maintenance for the OC Loop El Cajon Trail Bikeway (Segment D) and authorized City Clerk to execute easement.
28.Approve Plans and Specifications, and Authorize the Purchase of Traffic Signal poles for the Traffic Signal Modification Project, CIP No. 77.17 The City Council approved the Plans and Speciflcations for the Traffic Signal Modification Project - Lambert Road at Cliffwood Ave-Cliffwood Park Street; authorized the City Clerk to advertise and receive bids; and authorized the City Manager to lssue a purchase Order in the Amount of $72,995.24 to Walters \Molesale Electric Co. for the new traffic signal poles. 29 Microsoft 365 Exchange (Email) Licenses
The City Council authorized the City's Procurement & Contracts Administrator or designee to provide a Purchase Order for the purchase of Microsoft 365 Exchange licenses through a Microsoft government pricing Enterprise Agreement (EA).
Software/Hardware Maintenance Support and Online Subscription Service Agreements The City Council authorized the Purchasing Agent or designee to approve renewal agreements with various support service providers for the life of the computer software or hardware and for online software subscription services; and authorized the Purchasing Agent or designee to issue purchase orders for these renewal agreements that do not exceed available budget appropriations.
30. August 15,2022
6 31.Approve Purchase of Nine (9) Utility Poles for Safety Netting at Brea Creek Golf Course clP 7978
This item was pulled for consideration at a later date.
32.Monthly Report of Cash and lnvestments for the City of Brea for Period Ended June 30, 2022
The City Council received and filed the Monthly Report of Cash and lnvestments for the City of Brea for Period Ended June 30,2022.
33.Outgoing Payment Log and July 22 & 29 and August 5 & 12, 2022 City Disbursement Registers
The City Council received and filed the Outgoing Payment Log and July 22 &29 and August 5 & 12, 2022 City Disbursement Registers.
Motion was made by Mayor Pro Tem Parker, seconded by Council Member Vargas to approve City Council Consent ltems 23 - 33, excluding ltem 31.
AYES: lvlayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CITY/ SUCCESSOR AGENCY. CONSENT
34.Annual Review of Statement of lnvestment Policy for the City of Brea/Successor Agency to the Brea Redevelopment Agency
The City Council, as the Successor Agency, reviewed and approved the City of Brea/Successor Agency to the Brea Redevelopment Agency Statement of lnvestment Policy.
35.Monthly Report of Cash and lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2022
The City Council, as the Successor Agency, reviewed and approved the Monthly Report of Cash and lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30.2022.
Motion was made by Council Member Simonoff, seconded by Council Member Vargas to approve City/Successor Agency Consent ltems 34 and 35.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ANNOUNCEMENTS
36.City Manager
None.
37.City Attorney
None.
38.Council Requests
None.
August 16, 2022
7 COUNCIL ANNOUNCEMENTS
None.
ADJOURNMENT
Mayor Hupp adjourned the General Session at 8:29 p.m.
Respectfully submitted,
Lillia arris-Neal, City
The foregoing minutes are hereby
approve d this 20th d ay of September, 2022.
Cecilia Hupp, Mayor
Auqust 16,2022
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