BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MINUTES
OCTOBER 18, 2022
CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER 1 ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:30 pm., all members were present.
Present: Hupp, Parker, Marick, Vargas, Simonoff
1. Public Comment
None.
Closed Session may convene to consider matters of purchase! sale of real property (G. C. §54956.8). pending litigation [G.C.§54956.9(d)(1)], potential litigation [G.C. §54956.9(d)(2)(3) or (4)], liability claims (G, C, §54961) or personnel items (G.C.§54957.6). Records not available for public inspection.
2. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Association (BPA)- Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney
3. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Brea Firefighters Association FLSA Matter
4. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b). Title: City Manager
Mayor Hupp adjourned the Closed Session at 6:22 p.m.
STUDY SESSION
6:15 p.m, - Executive Conference Room
Level Three
CALL TO ORDER 1 ROLL CALL - COUNCIL
Mayor Hupp called the Study Session to order at 6:24 p.m. all members were present.
5. Public Comment
None.
October 18, 2022
1 6. Clarify Regular Meeting Topics
Regarding Item 18, Brea Construction Tri-Annual Code Introduction, and Item 19, Brea Fire Code Tri-Annual Code Introduction, City Attorney Boga recommended that Council to introduce the ordinances and direct staff to schedule the public hearing and adoption for the ordinances and resolutions for November 15, noting he will be reading the titles of the ordinances.
In response to Council questions, City Attorney Boga indicated that there will be some local -specific changes to the state's Fire and Building codes.
DISCUSSION ITEMS
Reserve Fund Transparency Ordinance Discussion
City Manager Gallardo provided a presentation, indicating that the item was brought forward by Mayor Pro Tern Parker in an interest to create greater transparency when borrowing from specific funds throughout the City. He indicated that the process would include specific parameters for the borrowing and repayment of funds, formalized by the passage of a resolution prior to any transactions.
Councilmember Marick indicated she is in support of the transparency element of the item, however she expressed concern with the potential for compromising the City's fiscal outlook.
Mayor Pro Tern Parker spoke in favor of the increase in transparency that will be accomplished by the ordinance.
Council agreed to bring the ordinance back for introduction at the next meeting, striking out the line item that references repayment authorizing the obligation being noted in the City's financial statements.
8. Purchase of New Fire Apparatus
City Manager Gallardo spoke about the items, indicating his initial apprehension in purchasing three (3) engines, however noted that in light of new information regarding the three-year build time, savings on the third engine, upcoming price increase, and taking into account the Standards of Response Coverage (SOC) recommendations for a third engine at Fire Station 4, staff is proposing the option to purchase three (3) engines.
Public Works Director Ho provided a breakdown of the vehicles currently in the fleet and plan of where each engine will be housed under each proposed scenario. He also spoke about the history of the engine purchases and the long-term impact on phased purchasing.
Council discussed how to better plan for these purchases in the future and lengthy wait times.
They also discussed the options of leasing and purchasing the vehicles and opportunities for grant funding.
Fleet Supervisor Valencia indicated that it is impossible to stagger the purchase of vehicles due to the front line and reserve cycle.
Interim Fire Chief Avery explained the importance of the equipment in the expansion of the Fire Department's capabilities.
Council concurred to purchase two (2) fire engines and finance one (1).
REPORT
October 18, 2022
2 9. Council Member Report/Requests
Mayor Pro Tern Parker requested that a report be brought back to Council regarding an alternate road to the landfill.
Councilmember Marick requested a discussion regarding campaign banners on City property.
Mayor Hupp adjourned the Study Session at 6:56 p.m.
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the General Session to order at 7:04 p.m., all members were present.
10. Pledge of Allegiance
Brea Girl Scout Troops 6002 and 8108 led the Pledge of Allegiance.
11. Invocation
Danile Mendoza, Celebration OC, delivered the Invocation.
12. Commendation: Brea Girls Softball 12U All Star Team Mayor Hupp, on behalf of the entire City Council, presented Brea Girls Softball 12U All Star Team with a Commendation and Certificates in recognition of winning the title of USA Softball Northern District Champions.
13. Report - Prior Study Session
City Manager Gallardo presented a report on the prior Study Session.
14. Community Announcements
Councilmember Simonoff announced that OC Waste & Recycling will be hosting a Compost Giveaway at the Olinda Alpha Landfill on Saturday, November 5. He indicated that Orange County residents can pick up free compost between 9:00 a.m. and 3:00 p.m., while supplies last and that residents must bring proof of OC residency, a shovel, and container to fill.
Councilmember Marick encouraged residents to register for Alert OC. She noted that an AlertOC test will take place this Thursday, October 20 at 11:00 a.m. where a notification will be sent to those who have registered at AlertOC,com.
Mayor Pro Tern Parker announced that the Brea Fire Department is offering a free Community Emergency Situational Awareness Training for Brea residets on Friday, November 4, from 6:00 to 8:00 p.m., and limited seating is available. He indicated that the training consists of videos, lectures, and hands-on training, and the course will cover hands -only CPR, choking, strokes/seizures, sudden cardiac arrest, drug overdose, and more.
Mayor Hupp encouraged the community to join us for this year's Veterans Day Ceremony on Friday, November 11 at 10:00 a.m.
Councilmember Vargas announced that the voter registration deadline for the 2022 General Election is Monday, October 24 and that those residing in Orange County can register to vote online by visiting OCVote.gov.
October 18, 2022
3 16. Matters from the Audience
Elisabeth Santos spoke about pickleball and asked Council to build a pickleball court in the City.
Richard Hallock spoke about traffic in his neighborhood from Falcon Academy.
Eugene Smith spoke about the traffic in his neighborhood from Falcon Academy he also spoke about the recent fire in his neighborhood.
Val Warren spoke about the sport of pickleball and the local pickleball community.
Pauline Hirose spoke about the recent notoriety of pickleball and the popularity of the sport Aaron Mills spoke about the popularity of pickleball and how the City of Placentia brought pickleball courts to their City. He also asked the Council to bring pickleball courts to Brea quicker than 2 years.
Rick McKinley spoke about the number of pickleball courts in surrounding cities, indicated that pickleball is the fastest growing sport in the U.S., and asked the Council to bring pickleball courts to Brea.
Erin Roberts spoke in honor of her grandfather, Carrey Nelson, former City of Brea Mayor, who recently passed away. She spoke about the importance of the City to her grandfather and his lifelong commitment to public service.
Tim Eckart expressed concern for the re -zoning of the area on Brea Boulevard in between Date Street and Elm Street. He also spoke about the age of the buildings in the area and indicated he felt like the City does not need more apartments and the City should allow condos to be built instead.
Sean Thomas expressed concern about the signage on Birch Street around Laurel Elementary. He also spoke about people throwing their trash on the Tracks.
City Clerk Harris -Neal summarized the following written comments for the record:
Cristina Lopez, South Coast AQMD, indicated the agency will be conducting a public hearing to provide opportunities for stakeholders to discuss the Revised Draft 2022 Air Quality Management Plan and also announced the district will host their 33rd Annual Clean Air Awards.
Craig Durfey provided information regarding the youth suicide crisis, mental wellness and fentanyl education. He also requested support for better language in legislation regarding time exposure with social media and brain health.
16. Response to Public Inquiries - Mayor 1 City Manager Assistant City Manager/Community Services Director Emeterio and City Manager Gallardo responded to Public Inquiries.
PUBLIC HEARINGS - This portion of the meeting is for matters that legally require an opportunity for public input. Audience participation is encouraged and is limited to 5 minutes per speaker.
October 18, 2022
4 17. General Plan Amendment No. 2021-02 And Zone Change No. 2021-01: To Amend The General Plan Land Use And Zoning Designations Of Three Housing Opportunity Sites And Three Additional Potential Sites Identified In The City's 6 th Cycle Housing Element, As Part Of The Housing Element Implementation Effort City Planner Hwang provided a presentation and spoke about what a Housing Element is; the 6th Cycle Housing Element and timeline; housing sites and housing programs; three (3) focused development sites and site descriptions; analysis; California Environmental Quality Act (CEQA), Planning Commission Recommendation; and staff recommendation.
In response to Council questions, City Attorney Boga confirmed that there are no issues with the misprint of map 2 in the Public Hearing Notice.
Mayor Hupp opened the public hearing.
Terry Luxembourger inquired as to the re -zoning of current church properties.
Larry Flemming asked the Council to support the item.
Carlotta Heider spoke in opposition to the re -zoning and expressed concerns with losing churches in the community.
Eugene Smith spoke about development in the City and expressed concerns with traffic around the City.
The following members of the public provided comments via Zoom teleconference:
Blair Gillespie expressed concerns for re -zoning, including the proposed site at the corner of Lambert and State College. He also expressed concerns with the cited traffic study and other consideration for the traffic demand for mixed -use zoning.
Ted Gribble spoke about the three (3) additional potential sites presented and spoke about state law requirements; California Department of Housing and Community Development (HCD) guidance documents; Regional Housing Needs Allocation (RHNA) targets; and local control. He also inquired as to the notification of owners of the three (3) sites or church sites and their input.
City Clerk Harris -Neal summarized the following written comments aloud for the record:
Caroline Kelly urged the Council to vote against the zoning for 200 S. Associated and 480 N.
State College Boulevard, citing the increase of traffic in the area.
Rhonda Ross urged the Council to vote against the zone change for the property at the corner of Birch and Associated, citing traffic concerns.
Trish Pupura urged the Council to vote against the zone change, citing the changes will compromise the integrity of the community and will impact property values.
Debra Christian wrote in opposition to the zone change at Birch and Associated.
Seeing no further members who wished to address the Council, Mayor Hupp closed the public hearing.
Council discussed the potential for holding a community forum with HCD; requirements to maintain Housing Element certification with the State; process and timeline for the zone change; follow through with the City's commitments to re -zone; HCD penalties if the October 18, 2022
5 commitments are not maintained; and implementation timeline. They also discussed the process for evaluating and identifying potential sites; differentiation of the categories of identified potential sites; and impact on existing uses should the zoning be changed.
The City Council concurred to continue the item.
18. Brea Construction Tri-Annual Code Introduction
Building and Safety Plan Checker Varela provided a presentation on the item and spoke about the background; legal requirements; effective dates; and Brea -local conditions.
City Attorney Boga read the full title of the ordinance. He also clarified that the motion before the Council will be to introduce the ordinance by title only and schedule the public hearing for November 15, 2022.
Motion was made by Mayor Pro Tern Parker, seconded by Council Member Vargas to introduce the ordinance by title only and schedule the public hearing for November 15, 2022.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
19. Brea Fire Code Tri-Annual Code Introduction
Acting Fire Marshal Salgado provided a presentation and spoke about the background; legal requirements; effective date; process; and local amendments.
Councilmember Vargas inquired about requirements for Accessory Dwelling Units.
City Attorney Boga read the full title of the ordinance.
Motion was made by Council Member Vargas, seconded by Mayor Pro Tern Parker to introduce the ordinance by title only and schedule the public hearing for November 15, 2022.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless CounciUAgency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during "Matters from the Audience. "
CITY COUNCIL - CONSENT
20. September 20, 2022 City Council Regular Meeting Minutes The City Council approved the September 20, 2022 City Council Regular Meeting Minutes.
21. 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.
October 18, 2022
6 22. Deed of Easement for Brea Imperial Center Located at Southwest Corner of Imperial Highway and State College Boulevard
The City Council accepted the public water easement dedication and authorized City Clerk to execute and record the Deed of Easement.
23. Public Sidewalk Easement for 114 North Berry Street The City Council accepted the public sidewalk easement and authorized City Clerk to execute and record the Deed of Easement.
24. Public Water Easement for 201 North Berry Street
The City Council accepted the public water easement and authorized City Cleric to execute and record the Deed of Easemement.
25. Adoption of a new job description and salary table for the position of Deputy Fire Marshal and amending the position allocation list for FY 2022/23 to reflect the changes, and placing the new classification in the Administrative and Professional Employees' Association Bargaining Unit for representation purposes The City Council approved Resolution No. 2022-070 adopting a new job description and salary table for the classification of Deputy Fire Marshal; placing the new classification in the Administrative and Professional Employees' Association (APEA) bargaining unit for representation purposes; and amending the Position Allocation List to include this position in the Fire Department Administrative Division.
26. Purchase of New Fire Apparatus
The City Council appropriated $4,720,000 from General Fund Excess Reserves ($4,251,000) and Equipment & Vehicle Maintenance Fund 480 ($469,000) and authorize: purchasing two (2) fire engines, one (1) ladder truck and financing one (1) fire engine (FY 2022-23).
27. Monthly Report of Cash and Investments for the City of Brea for Period Ended August 31, 2022
The City Council received and filed the Monthly Report of Cash and Investments for the City of Brea for Period Ended August 31, 2022.
28. September 23 & 30 and October 7 & 14, 2022 City Disbursement Registers The City Council received and filed the September 23 & 30 and October 7 & 14, 2022 City Disbursement Registers.
Motion was made by Council Member Vargas, seconded by Council Member Simonoff to approve City Council Consent Items 20 - 28, with item 26 amended to reflect the purchase of three (3) fire engines and one (1) ladder truck.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CITY/ SUCCESSOR AGENCY - CONSENT
29. Monthly Report of Cash and Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2022
The City Council, as the Successor Agency, received and filed the Monthly Report of Cash and Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2022.
October 18, 2022
7 30. September 30, 2022 Successor Agency Disbursement Register The City Council, as the Successor Agency, received and filed the September 30, 2022 Successor Agency Disbursement Register.
Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to approve City/Successor Agency Consent Items 29-30.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ANNOUNCEMENTS
31. City Manager
None.
32. City Attorney
None.
33. Council Requests
None..
COUNCIL ANNOUNCEMENTS
None.
ADJOURNMENT
Mayor Hupp adjourned the General Session at 9:20 p.m. in memory of former Brea Mayor, Carey Nelson.
Respectfully s bmitted, The foregoing minutes are hereby approved this ay of November., 2022.
Lillian Harris -Neal, City Clerk t,, tr' is H p, Mayor
October 18, 2022
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