BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
NOVEMBER 15, 2022
CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER I ROLL CALL - COUNCIL
Mayor Pro Tern Parker called the Closed Session to order at 5:30 p.m., all members were present with Mayor Hupp and Councimember Simonoff attending via Zoom teleconference.
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
STUDY SESSION
5:45 p.m. - Executive Conference Room
Level Three
CALL TO ORDER 1 ROLL CALL - COUNCIL
Mayor Pro Tem Parker called the Study Session to order at 5:45 p.m., all members were present with Mayor Hupp and Councimember Simonoff attending via Zoom teleconference.
3. Public Comment
None.
4. Clarify Regular Meeting Topics
None.
DISCUSSION ITEMS
November 15, 2022
1 5. Purchase Common Stock Shares in California Domestic Water Company City Manager Gallardo introduced Lynda Noriega, President, Cal Domestic, and noted that there is a significant water line improvement that will require financing.
Lynda Noriega. Cal Domestic, provided a presentation and spoke about the 2020 Strategic Plan, long-range planning, 10-year Capital Improvement Plan, pipeline replacement, financing options, financial plan to sell common stock share and the benefits of common stock purchases.
Council discussed prevailing wage, impacts to the water rate, impacts to the cost of shareholders, how long this project has been planned for, price of shares in the past, the preservation of ownership of shares and equity.
6. 2023 Brea Legislative Platform
Management Analyst Davis introduced the item and went over objectives, spoke about last year's review of platform, new proposed format and three (3) general platforms.
Council discussed staying consistent with the current platform.
Councilmember Marick expressed interest in seeing the platform further consolidated.
Council concurred to bring the item back for approval at the next meeting.
7. Senate Bill 1383 - Proposed Rates Status Update
Councilmember Simonoff recused himself from the discussion at 6:14 p.m.
Public Works Director Ho introduced the item and indicated that HF&H negotiates rates on the City's behalf and will be providing a presentation on where they are in the negotiation process and Council input needed on general items.
Haley Kunert, project manager, HF&H, provided a presentation, provided an overview, and spoke about the background SB1383, the initial Republic cost proposal, residential proposed monthly costs, commercial proposed cost to refuse rates, sample commercial rates per month, and next steps.
Public Works Director Ho indicated that staff looked at Republic's proposal for street sweeping and concluded that it was not beneficial to move forward.
Council discussed incremental green waste diversion and related rates, flow control requirement provisions should circumstances change, circumstances that could reduce the diversion rates, SB 1383 compliance software funding, and billing breakdown analysis.
Council concurred to eliminate line items 3, 6, 7 and 8; requested that item number 5 be broken down into smaller components; requested a breakdown of rates in comparison for surrounding cities; requested further negotiation on item numbers 1 and 2; and requested that the item be brought back to a future General Session.
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8. Council Member Report/Requests
Councilmember Vargas requested that the meeting be adjourned in memory of Padriac Brown.
Mayor Pro Tern Parker adjourned the Study Session at 6:54 p.m.
November 15, 2022
2 GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Pro Tern Parker called the General Session to order at 7:04 p.m., all members were present with Mayor Hupp and Counclmember Simonoff attending via Zoom teleconference.
9. Pledge of Allegiance
Girl Scout Troops 6002 and 8108 led the Pledge of Allegiance.
10. Invocation
Pastor James Lee, Living Hope Community Church, delivered the Invocation.
11. Proclamations: Family Court Awareness Month
Mayor Pro Tern Parker, on behalf of the City Council, presented Megan Fox, Child Safety Advocate, with a Proclamation declaring November Family Court Awareness Month.
Megan Fox spoke about child safety issues in the family court system to bring awareness to the issues.
12. Presentation: 2022 Legislative Session Recap
Cori Takkinen, Townsend Public Affairs, provided a presentation about Sacramento's general overview for 2022, adopted budget provisions, City of Brea State Funding Request, AB 2011 vs. SB 6, SB 1338, AB 2449, looking ahead to 2023 in Sacramento, Federal community project funding, Brea community project funding, and Federal current status and looking ahead to 2023.
13. Report - Prior Study Session
City Manager Gallardo presented the report on the prior Study Session.
14. Community Announcements
Councilmember Vargas announced that the City of Brea's Special Events Division will be hosting the Nutcracker Craft Boutique on Friday, November 18 and Saturday, November 19.
Councilmember Marick announced that on Saturday, November 19, Republic Services and the Brea Chamber of Commerce invite Brea residents to bring their bulk items and electronic waste for recycling, free of charge, to their cleanup event.
Councilmember Vargas announced that on Thanksgiving morning, November 24, from 8:30 - 10:00 a.m. at the Brea Community Center, the Brea Fitness Division will be hosting their annual Feast Mode Workout.
Councilmember Marick announced that due to the holidays, there will be no trash collection on November 24, and noted that when there is no collection service due to a holiday, service will be delayed by one day for the remainder of the week.
15. Matters from the Audience
Lacy Schoen, President/CEO, Brea Chamber of Commerce invited the Council to the 2022 Annual Installation and Awards Luncheon and introduced Kristle Adler as the new Public Affairs Associate for the Brea Chamber of Commerce.
Kristle Adler indicated she is looking forward to working with the Council in her new role.
November 15, 2022
3 Lee Squire presented the Police Department with a poster and flag and spoke in support of local police agencies.
Tom Donini spoke about item 20, the history of zoning and General Plan Amendments in Brea's historical neighborhoods, mixed -use zoning and spoke in opposition to Focused Development Site #10.
Edgar Fagan spoke about parking availability issues with the condos located on Brea Boulevard near the Fire Station.
Deputy City Clerk Popescu summarized into the record the follow written comments that were received:
Andrew Herrera invited the community to the Fisherman's Access grand opening event on Saturday, November 19 from 9 a.m. to 6 p.m., at their new location on 720 E. Imperial Highway.
Ted Gribble wrote about the Department of Housing and Community Development (HCD), and the confirmation that there is no statutory requirement to rezone the Additional Potential Sites.
He also wrote about the Housing Element, noting the three (3) additional potential sites were not part of the lengthy public input process.
16. Response to Public Inquiries - Mayor I City Manager None.
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.
17. Proposed Water and Sewer Fees
Finance Manager Madrazo provided a presentation and spoke about the public noticing, prior scheduled hearings, past rate increases, industry standards, revenue shifts from consumption charges to fixed charges, and staff recommendations.
Eric Callocchia, NewGen Strategies and Solutions, LLC, provided a PowerPoint presentation and spoke about the cost of service and rate study process; study data and assumptions; customer demand forecast; water rates inside City single family residential; water fund balance forecast; sample water bills for surrounding utilities; sewer rate forecasts; sewer operating fund forecasts; reduction in sewer capital spending; sewer operating fund forecast with reduced CIP; and sample sewer bills.
Mayor Pro Tern Parker opened the public hearing.
Deputy City Clerk Popescu summarized a written comment that was received for the record:
Debbie Louis referenced previous water discussions where it had been stated that the City will begin paying for its own water resulting in savings to Brea ratepayers. She also asked questions regarding funding water usage, the distribution of savings and potential bill credits.
Seeing no further members of the public wishing to address the Council, Mayor Pro Tern Parker closed the public hearing.
City Manager Gallardo responded to the public comment received and spoke about revenue sources, fixed meter charges, usage calculations, and noted the City is paying for its own water. He also noted that there is a shift in revenue consumption and ratepayers may see November 15, 2022
4 lower rates or leveling off.
Finance Manager Madrazo clarified that the Prop 218 was noticed with the highest rates available and noted that there is only a shift in revenues, with no additional revenues being paid by the ratepayers.
Public Works Director Ho spoke about the evaluation of the sewer system and CIP and indicated that he is comfortable deferring the projects in accordance with the proposed plan.
Councilmember Vargas discussed the history of water rate increases, rate studies, and Prop 218 noticing.
Eric Callocchia, NewGen Strategies and Solutions, LLC, spoke about methodology used in the studies and minimum reserve policy,
Council discussed enterprise funds, lifeline rates, tier water consumption rates, the purpose of fixed costs, fixed costs during water conservation periods, fixed to variable rates, and timeline of the discussion of the topic.
Motion was made by Council Member Marick, seconded by Council Member Simonoff to adopt alternative 3, Resolution No. 2022-076, a Resolution of the City Council of the City of Brea Amending Certain sewer rates and charges.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Simonoff
NOES: Council Member Vargas
Passed
Motion was made by Council Member Marick, seconded by Mayor Pro Tern Parker to adopt Resolution No. 2022-075, a resolution of the City Council of the City of Brea amending certain water rates, Lifeline Program Policies, charges and regulations, where on the billing dated December 22, 2022 or later the City will increase the percentage of revenue from monthly fixed ("ready to serve") charges from 17% to 19%. Furthermore, on bills dated June 29, 2023 or later the City will further increase its percentage of revenue for fixed charged from 19% to 22%.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick NOES: Council Member Vargas, Council Member Simonoff
Passed
18. Brea Construction Code Triennial Adoption
The City Council recessed at 9:29 p.m.
The City Council reconvened at 9:36 p.m.
Community Development Director presented a brief presentation for items 18 and 19 concurrently, citing the previous presentation given at the October 18 City Council Meeting, and requested Council to conduct a public hearing, make the recommended findings and adopt the associated resolution and ordinance.
Council discussed Accessory Dwelling Unit requirements.
Mayor Pro Tern Parker opened the public hearing. Seeing no members of the public November 15, 2022
5 wishing to address the Council, Mayor Pro Tern Parker closed the public hearing.
Motion was made by Council Member Simonoff, seconded by Council Member Marick to approve an exemption under the California Environmental Quality Act (Guidelines, Sec. 15061(b)(3)) and Staffs filing of a Notice of Exemption, for Ordinance No. 1232; Adopt Ordinance No. 1232 which adopts by reference certain Codes comprising the 2022 California Building Standards Code as set forth in Title 24 of the California Code of Regulations, which include, but are not limited to, the California Building, Plumbing, Electrical, Mechanical, Residential, Fire (adopted by separate ordinance), and Green Building Standards Code (collectively, "Construction Codes"); and, adopt Resolution No. 2022-068, setting forth required findings for amendments to the foregoing Codes based on local climatic, topographical and/or geological conditions.
AYES Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
19. Brea Fire Code Triennial Adoption
Mayor Pro Tem Parker opened the public hearing. Seeing no members of the public wishing to address the Council on this item, Mayor Pro Tern Parker closed the public hearing.
Motion was made by Mayor Hupp, seconded by Council Member Vargas to approve of an exemption under the California Environmental Quality Act (Guidelines, Sec. 15061(b)(3)) and Staffs filing of a Notice of Exemption for Ordinance No. 1233; Adopt Ordinance No. 1233 which adopts by reference the 2022 California Fire Code (one of the Codes comprising the 2022 California Building Standards Code as set forth in Title 24 of the California Code of Regulations); and, adopt Resolution No. 2022-069, setting forth required findings for amendments to the foregoing Code based on local climatic, topographical and/or geological conditions.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ITEMS - This agenda category is for City Council 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. "
20. 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 the item's background and prior hearings; proposed General Plan Amendment; housing sites included in the GPA/ZC; City Council discussion items, including rezoning, potential penalties for non-compliance, housing site selection, GPAIZC process; and staff recommendation.
Community Development Director Killebrew responded to public comments and spoke about the City's obligations to provide potential furthering of housing availability and reiterated that this is just a zoning effort and not approving any specific projects. In response to Council questions, he also noted that there were conceptual discussions related to proposed site 6, however no project has been submitted. He also indicated that there have been no formal objections from any of the property owners for the proposed sites.
November 15, 2022
6 Council discussed the proposed sites with current churches; potential constraints of the property at Fir and Brea Boulevard and height limitations; ownership of units; affordable housing requirements; and changes in the population.
City Attorney Boga read the full title of the ordinance.
Motion was made by Council Member Vargas, seconded by Council Member Marick to adopt Resolution No. 2022-066 adopting the addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan and determine that an addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan is the appropriate environmental documentation for the Project under the California Environmental Quality Act (CEQA) and that the addendum adequately analyzed all potential impacts of the Project; adopt a Resolution No. 2022-067 approving General Plan Amendment No. 2021-02 to amend the General Plan Land Use designations of the six Project sites; introduce by title only and waive further reading of Ordinance No. 1234 approving Zone Change No. 2021-01 to amend the zoning designations of the six Project sites; and schedule adoption of aforementioned Ordinance at the next regular City Council meeting.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas
NOES: Council Member Simonoff
Passed
21. Reserve Fund Transparency Ordinance
City Manager Gallardo provided a brief presentation on the item.
Motion was made by Council Member Marick, seconded by Council Member Vargas to adopt Ordinance No. 1235 regarding Reserve Fund Transparence and amending the Brea City Code Chapter 2.00 of Title 2 by adding Section 2.00.140.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CONSENT CALENDAR - The City CounciUSuccessorAgency approves all Consent Calendar matters with one motion unless CouncillAgency 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
22. November 1, 2022 City Council Regular Meeting Minutes The City Council approved the November 1, 2022 City Council Regular Meeting Minutes.
23. November 7, 2022 City Council Special Meeting Minutes The City Council approved the November 7, 2022 City Council Special Meeting Minutes.
24. AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings The City Council made the following findings: the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and 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.
November 15, 2022
7 25. Professional Services Agreement (PSA) with Bucknam Infrastructure Group, Inc. for Biennial Pavement Management Plan Update and Inspection The City Council approved the Agreement with Bucknam Infrastructure Group, Inc. to provide pavement inspection and pavement management plan services in an amount not -to -exceed $31,028.00.
26. Authorize Mayor to Execute Electric Vehicle Charging Station License Agreement with Carbon Solutions Group LLC
The City Council continued this item to a future meeting.
27. Authorization to Purchase Common Stock Shares in California Domestic Water Company
The City Council approved the Common Stock Purchase Agreement to purchase 112 shares of California Domestic Water Company (CDWC) Common Stock for $15,250 per share to increase the City's rights to access water and appropriate $1,708,000 from the Water Utility Fund (420) for the purchase of these shares.
28. Adoption of a new job description and salary table for the position of Building Official 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. 2022-072 1) adopting a new job description and salary table for the classification of Building Official; 2) placing the new classification in the Administrative and Professional Employees' Association (APEA) bargaining unit for representation purposes; and 3) amending the Position Allocation List to include this position in the Community Development Department Administrative Division.
29. City Manager Employment Agreement Amendment No.2
The City Council adopted Resolution No. 2022-073 approving amendment No. 2 to the City Manager's Employment Agreement. The fiscal impact in FY 2022-23 is $19,676, and the fiscal impact in FY 2023-24 is $12,114,
30. Approval of the Executive compensation plan as amended The City Council adopted Resolution No. 2022-074 approving the Executive Compensation Plan salaries and benefit policy, noting the correction to reflect the net financial impact as being $54,146 to the General Fund and $6,928 to the Non -General Fund for a total of $61,074.
31. November 4 and 10, 2022 City Disbursement Registers The City Council received and filed the November 4 and 10, 2022 City Disbursement Registers.
Motion was made by Council Member Vargas, seconded by Council Member Marick to approve City/Consent Items 22-25 and 27-31, with the outlined amendments to the fiscal impact of item 30.
AYES: Mayor Hupp, Mayor Pro Tern Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
BREA ARTS CORPORATION - CONSENT
November 15, 2022
8 32. Brea Arts Corporation Annual Report for Fiscal Year 2021-22 The City Council, as the Brea Arts Corporation, received and filed the Brea Arts Corporation Annual Report for Fiscal Year 2021-22.
Motion was made by Council Member Marick, seconded by Council Member Vargas to approve Brea Arts Corporation Consent item 32.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ANNOUNCEMENTS
33. City Manager
City Manager Gallardo congratulated Fire Chief Avery on his appointment as Fire Chief.
34. City Attorney
None.
35. Council Requests
None.
COUNCIL ANNOUNCEMENTS
Councilmember Vargas spoke about his history of votes against water rate increases.
ADJOURNMENT
Mayor Pro Tern Parker adjourned the General Session at 10:24 p.m. in memory of Padriac Brown.
Respectfully submitted, The foregoing minutes are hereby approved this ftb day of December, 2022.
LLi1Ji,dn Harris -Neal, City Clerk y, ..:�ecillpp, Mayor November 15, 2022
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