BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
JULY 18, 2023
STUDY SESSION
6:00 p.m. - Executive Conference Room
Level Three
CALL TO ORDER 1 ROLL CALL - COUNCIL
Mayor Simonoff called the Study Session to order at 6:00 p.m., all members were present.
Present: Simonoff, Marick, Hupp, Stewart, Vargas
1. Public Comment
None.
2. Clarify Regular Meeting Topics
None.
DISCUSSION ITEMS
3. Designate Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 20-22, 2023 in Sacramento The City Council delegated Mayor Simonoff as the Voting Delegate and Councilmember Stewart at the Alternate for the League of California Cities Annual Conference and Expo.
4. Arovista Park Modernization Project and Funding Update.
Assistant City Manager/Community Services Director Emeterio introduced the item.
Parks, Recreation & Human Services Commission Vice Chair Higgins spoke about the Commission's discussions and encouraged the advancement of the full and complete project.
Assistant City Engineer Chapman provided project updates including the design process, schedule and environmental review.
Senior Management Analyst Colacion spoke about funding considerations and current cost estimates, funding sources, and other funding options.
Council expressed concern with depleting the Park Development Fund. They also discussed being open to using the Community Benefit & Economic Development (CBED) Fund since it will be replenished; the duration of construction and NEPA implications; inquired as to how the contingency percentages were established; and provide project estimates and different funding sources.
July 18, 2023
1 Council directed staff to explore funding by depleting Fund 490, Building Occupancy Fund Excess Reserves; utilizing CBED Funds; taking a look at feasibly using Fixed Asset Replacement Program reserves; and avoid leaving a zero balance in fund 560, Capital and Mitigation Improvement Fund.
REPORT
5. Council Member ReportlRequests
Councilmember Stewart indicated that Hillside Open Space Education Coalition ("HOSEC") has requested a support letter for the AERA property.
The City Council and staff discussed options for how to appropriately and generally express support for the project and Council directed staff to draft a letter for Council for review and approval.
Mayor Simonoff adjourned the Study Session at 6:41 p.m.
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
6. Pledge of Allegiance
Boy Scout Troop 723 led the Pledge of Allegiance.
7. Invocation
Pastor Tyler Lemen, Birch St. Friends Church, delivered the Invocation.
8. Report - Prior Study Session
City Manager Gallardo provided the report on the prior Study Session.
9. Community Announcements
Councilmember Stewart announced that Brea's summer events are in full swing and Concerts in the Park are held at City Hall Park on Wednesday nights during July and August; Family Films, held on the Plaza Level of the Civic & Cultural Center, are on Friday nights in July; and on Saturday, July 22, the Brea Gallery will be hosting an opening reception, from 5 to 7 p.m., for their summer exhibition, No Song Unsung.
Councilmember Vargas announced that over the years, coyotes have become more visible and a concern in many neighborhoods. He encouraged the community to be proactive and safeguard homes by deterring coyote through conducting yard audits and reporting coyote sightings. He invited the community to visit cityofbrea.neticoyotes to download a Yard Audit checklist and for information on how to report sightings and encounters.
Councilmember Hupp invited the community to Brea Police Department's National Night Out on Tuesday, August 1st, from 5:00 to 9:00 p.m. in the Brea Downtown. She stated that the free, family -friendly event will feature photo opportunities, K9 Demonstrations, a Dunk Tank, Games, and more.
Councilmember Hupp also announced that Brea's Housing Rehabilitation Program can help residents finance many of their home's repairs. She indicated that the City of Brea manages federal funds allocated through the County of Orange, to help Brea families finance home repairs. She stated that program funds are based on availability and applicants must meet July 18, 2023
2 income and other general criteria, and encouraged interested residents to visit the City website for more information.
Mayor Pro Tern Marick invited the community to Brea Fest on Friday, August 11, where guests are invited to sample delicious food and beverages donated from local restaurants while enjoying live entertainment. She stated that Brea Fest admission and entertainment are free and there is a nominal charge of $4 per ticket that can be used for food and/or beverages.
She announced that pre -sale tickets can be purchased now through the City website.
10. Matters from the Audience
Sean Thomas spoke about a recent rodent infestation in the Bandera Homes community and thanked Councilmember Hupp for her assistance with Orange County Vector Control. He also spoke about the influx of coyotes in the community.
Scott Hupp thanked the Council, staff, Kristin Steyerman, Kevin Martinez, and everyone involved with the Country Fair. He also thanked the Country Fair Steering Committee Members for their help in planning the event.
Keith Fullington spoke about speeding at the corner of Lambert Road and Peppertree Drive, coyotes, Concerts in the Park and requested more events in Downtown Brea,
11. Response to Public Inquiries - Mayor / 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.
12. Zoning Ordinance Text Amendment No. 2023-01: Omnibus Code update amending various chapters of Title 20 of Brea City Code
City Planner Hwang provided a presentation and spoke about the executive summary and the following proposed zoning ordinance text amendments: permitted land uses and definitions, minimum parking requirements, tree preservation standards, off -site advertising signs, height of detached accessory structures, large family day care homes, and other minor updates.
She also spoke about noticing, CEQA exemptions and provided staffs recommendation.
Mayor Simonoff opened the public hearing. Seeing no members of the public wishing to address the Council, Mayor Simonoff closed the public hearing.
Council discussed the amendments to the tree preservation standards, including the proposed square foot property coverage; commercial zones; sphere of influence properties; cash -in -lieu fee calculation methodology; the City's Tree City USA designation; species of native trees to the state of California and City of Brea; policy for tree removal and replacement; protocol for removing trees in emergency situations; policy for determining eligibly for cash -in -lieu and where the funds will be deposited to; and the City's tree species inventory.
Council also discussed the height limitations on detached accessory dwelling units.
Motion was made by Council Member Vargas, seconded by Council Member Stewart to waive full reading and introduce Ordinance No. 1241 titled, "An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2023-01 (Omnibus Zoning Code Update) and Approving a CEQA Exemption Determination; and Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.
July 18, 2023
3 AYES: Mayor Simonoff, Mayor Pro Tem Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
13. Zoning Ordinance Text Amendment No. 2023-02: Housing Element Implementation Program Code Update Amending Various Chapters of Title 20 of Brea City Code City Planner Hwang provided a presentation and spoke about the executive summary; background of the 6th Cycle Housing Element; proposed the following amendments: by -right multiple family residential uses; emergency shelter standards; accessory dwelling units (ADUs); two -unit developments; and urban lot splits.
Management Analyst Dao provided a presentation and spoke about the current affordable housing ordinance and presented the proposed affordable housing ordinance and guidelines.
She also spoke about noticing the item; California Environmental Quality Act; and staffs recommendation.
Mayor Simonoff opened the public hearing. Seeing no members of the public wishing to address the Council, Mayor Simonoff closed the public hearing.
The City Council discussed the height restrictions for attached versus detached ADUs; changes in state law, including owner occupancy; and current size requirements for ADUs.
They also commended staff for their work on the amendments.
Motion was made by Council Member Hupp, seconded by Council Member Stewart to introduce by title only and waive further reading of an Ordinance No. 1242 approving ZOTA No. 2023-02, amending Title 20, Chapters 20.40, 20.206, and 20.208 of the Brea City Code (BCC) and adding new Chapters 20.52, 20.56, and 20.66 to the Title 20 of the BCC and finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); adopt a Resolution No. 2023-051 approving the revised Affordable Housing Guidelines; and to schedule the adoption of aforementioned Ordinance at the next regular City Council meeting.
AYES: Mayor Pro Tem Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
NOES: Mayor Simonoff
Passed
ADMINISTRATIVE ITEM - 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. "
14. Renewal of Ordinance No. 1227, Approving Police Department's Military Equipment Policy
Chief Hawley provided a presentation and spoke about the background of AB 481, annual requirements, reporting and community engagement.
Council discussed the Police Department's equipment that is considered to be military equipment.
Motion was made by Council Member Hupp, seconded by Council Member Vargas to introduce by title only and waive further reading of Ordinance No, 1243, An Ordinance of the City of Brea Renewing Ordinance No. 1227 and approving the Police Department's Military Equipment Use policy.
July 18, 2023
4 AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
CONSENT CALENDAR - the City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency 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
15. June 20, 2023 City Council Regular Meeting Minutes
The City Council approved the June 20, 2023 City Council Regular Meeting Minutes, as written.
16. Brea-Olinda Unified School District Building Utilities and Services Agreement for Fiscal Years 2023-2028
The City Council approved the five-year Building Utilities and Services Agreement with the Brea-Olinda Unified School District for Fiscal Years 2023-2028; and allow the Finance Division to take the necessary budgetary actions to implement the agreement.
17. Accept a $96,093.80 California Highway Patrol Cannabis Tax Fund Grant Program Award for DUI Enforcement Training
The City Council adopted Resolution No. 2023-052 accepting a State of California Cannabis Tax Fund Grant Program (CTFGP) Award for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, in the amount of $96,093.80, for the one-year grant program which begins July 1, 2023, and ends June 30, 2024.
18. Approval of Fiscal Year 2023-24 Property Tax Rate to Fund the City's Paramedic Program
The City Council approved Resolution No. 2023-053, fixing the rate of tax upon the taxable property within the City of Brea for the Fiscal Year 2023-24 necessary to maintain a mobile intensive care program known as paramedics within the area of the City of Brea and certifying said rate of taxation to the Orange County Auditor -Controller.
19. Annual Vehicle and Equipment Purchase Plan for Fiscal Year 2023-24 The City Council authorized the Purchasing Agent to issue purchase orders in an amount not -to -exceed $1,378,000 for various City vehicle and equipment described in the Annual Vehicles Replacement Plan for Fiscal Year (FY) 2023-24.
20. Award Contract to International Line Builders, Inc, dba ILB Electric, for the Traffic Signal Modification Project, CIP No. 7717
The City Council approved the plans and specifications; received bids; awarded the contract to the lowest responsive and responsible bidder, International Line Builders, Inc. dba ILB Electric, in the amount of $335,940.00 Base Bid and Additive Bid; and authorized the City Engineer to issue Change Orders up to a "not -to -exceed" amount of 10% of the Contract Price.
July 18, 2023
5 21. Award Contract to Sol Construction, Inc. in the amount of $779,353.00 for the Berry Street Reservoir Ring Road Rehabilitation, CIP No. 7965 The City Council approved the plans and specifications; received bid; awarded the contract to the lowest responsive and responsible bidder, Sol Construction, Inc. in the amount of $779,353.00; and authorized the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price.
22. Award Contract to R.J. Noble Company for the Brea Boulevard Street Improvements W.
Juniper St. to Imperial Highway (SR90), CIP Project No. 7299 The City Council approved the plans and specifications; received bids; awarded contract to the lowest responsive and responsible bidder, R.J. Noble Company in the amount of $758,639.45; and authorized the City Engineer to issue change orders up to a "not -to -exceed" amount of 10% of the Contract Price.
23. Purchase Replacement Network Hardware, Network (Host) Servers and Storage Area Network (SAN) for the City's virtual network
The City Council authorized the City's Purchasing Agent or Designee to procure the replacement of Network Servers and Storage Area Network (SAN) in the amount of $135,812,36.
24. Authorize the Purchase of Playground Equipment and Shade Structures for the Arovista Park Modernization Project, CIP 7978
The City Council approved the purchase of playground equipment from Landscape Structures for a total of $189,582.00; approved the purchase of shade structures from Landscape Structures for a total of $446,937.00; and authorized the City Manager to issue a Purchase Order Change Notice in a not -to -exceed amount of ten percent of the total purchase price and authorize a vendor or manufacturer change for an approved equal.
25. June 16, 23, and 30 City Disbursement Registers - Receive and file.
Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve City Council Consent Items 15 - 25.
AYES: Mayor Simonoff, Mayor Pro Tem Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
CITY/ SUCCESSOR AGENCY - CONSENT
26. June 30, 2023 Successor Agency Disbursement Register - Receive and file.
Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve City/Successor Agency Consent Item No. 26.
AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
ADMINISTRATIVE ANNOUNCEMENTS
27. City Manager
None.
July 18, 2023
6 28. City Attorney
None.
29. Council Requests
None.
COUNCIL ANNOUNCEMENTS
None.
ADJOURNMENT
Mayor Simonoff adjourned the General Session at 8:40 p.m.
Respectfully sub itted, The foregoing minutes are hereby approved this 15 day of August, 2023.
Lillian rris-Neal, City Clerk =- Marty i a r
July 18, 2023
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