Minutes for the City Council Regular Meeting 1 Civic Center Circle, Brea, California, 92821 November 7, 2023
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M. 7 Civic Center Circle, Brea, California, 92827 - Executive Conference Room 3rd Floor and Moan Palace Resort, Main St., Ocho Rios, Jamaica
1A. CALL TO ORDER/ROLL CALL
Mayor Simonoff called the Closed Session to order at 5:34 p.m. All members were present, with Councilmember Stewart participating via Zoom teleconference. 1B. Public Comment
None.
1C. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Management Association (BPMA); Brea Fire Association (BFA); Brea Fire Management Association (BFMA) — Bill Gallardo, Negotiator Mayor Simonoff adjourned the Closed Session at 6:20 p.m.
2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 7 Civic Center Circle, Brea, California, 92827 - Executive Conference Room 3rd Floor 2A. CALL TO ORDER/ROLL CALL
Mayor Simonoff called the Study Session to order at 6:20 p.m. All members were present, with Councilmember Stewart absent.
2B. Public Comment
Dwight Manley spoke regarding Item 3C, CalOptima Health Grant Award Acceptance. He encouraged Council to stay focused on developing 323 N. Brea Boulevard consistent in size with the surrounding area and to ensure that the housing benefits Brea residents.
Ted Gribble spoke regarding Item 3C, CalOptima Health Grant Award Acceptance. He encouraged Council to listen to public feedback regarding the property at 323 N. Brea Boulevard. 2C. Clarify Regular Meeting Topics
None.
3. DISCUSSION ITEMS
3A. Arovista Park Modernization Update
-- City Engineer Espinoza introduced the item and spoke about the project overview, updates, and the current bid environment.
Senior Management Analyst Colacion continued the presentation, and spoke about grant funding to date, staff recommendations, funding considerations, and next steps.
Mayor Pro Tern Marick spoke in support of staff's forward thinking of contributions for future phases of the project and supported the current focus on the main priority, which is the playground.
Mayor Simonoff inquired as to the condition of the ball fields.
Assistant City Manager/Community Services Director Emeterio noted that fields are in good condition, but need some maintenance, and the restrooms need to be replaced.
Councilmember Vargas encouraged staff to look at the numbers before going out to bid. 3B. Appoint Proxy Holder and Nominate for the Office of Director at the Annual Meeting of Stockholder's of Cal Domestic Water Company
The City Council authorized Christopher D. Blake, or in his absence, Michael O Quinn, to vote all shares of the undersigned in California Domestic Water Company at the Annual Meeting of Shareholders to be held on Friday, November 17, 2023, for purposes of electing the members of the Board of Directors and transacting any other such business as may properly come before the meeting, or any adjournments thereof; and nominated Thomas J. Prenovost, Jr. to serve as a member of the Board of Directors for a two-year term commencing in November 2023 and ending in November 2025, or until his successor is duly qualified and elected. 3C. CalOptima Health Grant Award Acceptance
Community Development Director Killebrew introduced the item and provided a brief presentation, including the executive summary, Housing Element, area identified for affordable housing for two (2) Housing Element cycles, City -owned property, CalOptima, grant timeline, CalOptima Grant Application, community education, who permanent supportive housing supports, and next steps.
Council requested a breakdown of the CalOptima members in Brea and noted that only Brea residents and members of the Brea workforce community should be prioritized for the units.
Councilmember Hupp expressed concern about the re -qualification of residents residing in the homes, noting that it should be clearly written that residents would need to be re -qualified every year.
Councilmember Vargas expressed concern with the provider's capabilities. 3D. Appointment to Orange County Mosquito and Vector Control District The City Council re -appointed Councilmember Hupp to serve a four (4) year term on the Orange County Mosquito and Vector Control District.
4. COUNCIL MEMBER REPORTS/REQUESTS
Council Member Reports/Requests is an opportunity for Council Members to provide reports from outside Boards and Committees, and to request items for a future agenda.
Councilmember Hupp requested a discussion on affordable housing qualifications. 2 Councilmember Vargas requested an update on the Acacia Apartments.
Mayor Simonoff adjourned the Study Session at 6:56 p.m.
5. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 7 Civic Center Circle, Brea, California, 92827 - Council Chambers, Plaza Level 5A. CALL TO ORDER/ROLL CALL
Mayor Simonoff called the General Session to order at 7:04 p.m., all members were present with Councilmember Stewart absent.
5B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.
5C. Invocation: Cindy Outsterhout, The Cause Church
Pastor John Reeve, The Cause Church, delivered the invocation. 5D. Report - Prior Study Session
City Manager Gallardo provided a report of the prior Study Session. 5E. Community Announcements
Councilmember Vargas announced that CalTrans will be conducting a full closure on Lambert Rd. starting on November 17 and reopening on November 19. He noted that the road still needs to be paved and advised residents to plan alternate routes to avoid the affected areas. He encouraged residents to check the city's websites and social media platforms for information.
Councilmember Hupp announced that the City's first Local Hazard Mitigation Plan has begun and explained the importance for the plan. He encouraged residents to take the online survey on the City's website and to join the community workshop on November 9 at 6:00 p.m. She also encouraged residents to visit the Nutcracker Boutique on November 17 and 18.
Mayor Pro Tern Marick invited the community to attend the second public workshop planning of the Tracks at Brea, noting the workshop will be held on November 16, at 6:00 p.m. at the Brea Community Center. She also invited the community to celebrate the beginning of the holidays at the Brea Tree Lighting ceremony being held on December 7 at 6:30 p.m. 5F. Matters from the Audience
Debbie Moore spoke about the poor service she has received from Republic Services with regards to trash pickup in her community.
Keith Garcia expressed concern with the safety of bicyclists in the area of Brea Canyon and requested a bike lane be considered through Brea Canyon.
Robert Navarez expressed his dissatisfaction with Brea Olinda Unified School District's plans to add perimeter fencing to the Arovista Elementary campus, which would limit after hours accessibility of 3 the campus to the surrounding neighborhood.
5G. Response to Public Inquiries
City Manager Gallardo responded to public inquiries.
5H. Information Item: Republic Services
Mayor Simonoff recused himself from this item due to his employment and left the dias.
City Manager Gallardo introduced the item and invited Republic Services to address ongoing service issues within the community.
Mayor Pro Tern Marick spoke about the issues the community has been having with Republic Services, including missed pickups, leading hydraulic fluid from vehicles, delays in replacing carts, maintenance of trucks, subpar customer service, and incorrect information provided to residents and businesses.
Councilmember Hupp spoke about issues with trash collection at commercial businesses in the Downtown, the poor conditions of Republic's trucks, missed pickups at residential complexes and presented photos.
Mitch Kopczyk, General Manager for Republic Services, spoke about measures the company is taking to mitigate service issues including a residential rebalance of routes, adding trucks to the commercial routes, adding an additional maintenance manager, investments in truck repairs, supervisor realignment and magnet installation on rental trucks.
Mayor Pro Tern Marick inquired about the timeline for the outlined measures to be implemented and how Republic Services in ensuring the City will be compliant with SB 1383.
Mr. Kopczyk indicated that improvements will begin in December and Republic Services is working with the City on putting plans in place to maintain compliance with SB 1383.
6. PUBLIC HEARING
There are no Public Hearing Items of this time.
7. 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. "
7A. Waive Full Reading and Introduce Ordinance No. 1244 An Ordinance of the City of Brea Extending the Term of a Pipeline Franchise Granted to Crimson California Pipeline, L.P. and Approve CEQA Exemption Determination
Senior Management Analyst Cuevas provided a brief presentation on the item, noting the item extends a previous granted franchise and spoke about Public Utilities Code and Brea City Code requirements for franchises. He indicated that the proposed Ordinance will extend the existing franchise an additional ten (10) years to Crimson California Pipeline, LLC and Crimson would 0 continue to submit payments to the City, which would be subject to annual CIP increases.
There was Motion made by Steve Vargas and seconded by Cecilia Hupp with a result of 4- 0-1-0, to waive full reading and introduce Ordinance No. 1244 by title only and approve a CEQA exemption determination; and appropriate any revenues received as part of this franchise in the Fiscal Year 2023-25 Operating Budget; and authorize the City Clerk to release the current faithful performance bond upon acceptance of the new faithful performance bond once notification is received from the Public Works Department.
Mayor Simonoff returned to the dias.
8. 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."
8.October 17, 2023 Regular Meeting Minutes
The City Council approved the October 17, 2023 Regular Meeting Minutes as written. 8B. Cooperative Agreement with Caltrans and Professional Services Agreement with Kimley- Horn for Project Initiation Document (PID) Phase of Imperial Highway (SR-90) at 57 Freeway Southbound On -Ramp Interchange Improvements Project (CIP 7306) - 7:33 PM The City Council approved the Cooperative Agreement with Caltrans for the Project Initiation Document (PID) phase of Imperial Highway/SR-57 Interchange Improvements Project, CIP No. 7306; authorized the Mayor to execute the Cooperative Agreement with Caltrans and authorize the City Manager to execute any non -monetary contract amendments and ancillary documents subsequently required for implementation of the Cooperative Agreement; awarded Professional Design Services Agreement to Kimley-Horn and Associates, Inc. for $464,864 for Design Services for the Project Initiation Document (PID) phase of Imperial Highway/SR-57 Interchange Improvements Project, CIP No. 7306; and authorized the City Manager to execute the Professional Design Services Agreement with Kimley-Horn & Associates, Inc. and make Change Orders in a "not -to -exceed" amount of 10% of the Contract Amount for contingency work. 8C. Traffic Improvements along Puente Street from Wardman Drive to Alta Mesa Drive The City Council approved the Improvement Plan for the Traffic Improvements along Puente Street from Wardman Drive to Alta Mesa Drive; found the project to be Categorically Exempt from further environmental review under the California Environmental Quality Act (CEQA), under Section 15301(c) of the State CEQA Guidelines; approved a budget transfer of $75,000 from the Measure M Fund (Fund 260) from the Traffic Signal Controller Upgrade Project (CIP 7218) to the Traffic Calming Improvements Project (CIP 7219); and directed the City Engineer to implement said Improvements.
8D. Annual Development Impact Fee Report for Fiscal Year Ended June 30, 2023 The City Council received and filed the Annual Development Impact Fee Report for Fiscal Year Ended June 30, 2023.
5 8E. Orange County Transportation Authority Annual Measure M2 Expenditure Report The City Council adopted Resolution No. 2023-058 concerning the Orange County Transportation Authority Annual Measure M2 expenditure report.
8F. Cooperative Agreement with Orange County Transportation Authority for Regional Traffic Signal Synchronization Program
The City Council approved a Cooperative Agreement with Orange County Transportation Authority (OCTA) for the Countywide Signal Synchronization Baseline Project of the Renewed Measure M Regional Traffic Signal Synchronization Program (RTSSP); and adopted Resolution No. 2023-059 authorizing the City Manager to execute the Cooperative Agreement and any non -monetary contract amendments and ancillary documents subsequently required to implement the Countywide Signal Synchronization Baseline Project in Brea. 8G. Resolution to Certify Funding and Affirm Commitment to Implement Projects in FY 2024-25 — FY 2029-30 OCTA Federal Transportation Improvement Program The City Council adopted Resolution No. 2023-060 certifying resources and affirming commitment to 2025 Federal Transportation Improvement Program (FTIP). 8H. Approve a Resolution Authorizing Submittal of an Application for Senate Bill (SB) 1383 Local Assistance Grant Program through the Department of Resources, Recycling and Recovery (CalRecycle)
The City Council adopted Resolution No. 2023-061 and authorized the Director of Public Works to execute all grant -related documents and administer the grant for which the City of Brea is eligible; and appropriated any funds received as part of this grant application in the Fiscal Year 2023-25 Operating Budget.
81. CalOptima Health Grant Award Acceptance
Community Development Director Killebrew provided a brief presentation on this item, noting that the City has identified 323 N. Brea Boulevard as a potential site for the development, and indicated that community engagement and public meetings will be held throughout the process. He also stated that the project is not fully funded, but the $6 million CalOptima Health Grant Award will help towards the development.
The City Council accepted CalOptima Health's Grant award in the amount of $6,028,491.51; authorized the City Manager, on behalf of the City Council of the City of Brea, to execute a forthcoming grant agreement with CalOptima Health; and amended the City's Fiscal Year 2023-25 Operating Budget to appropriate $6,028,491.51 in the City's Affordable Housing Trust Fund (270). 8J. Prohousing Designation Program Application Submission to the California Department of Housing and Community Development
The City Council adopted Resolution No. 2023-062 authorizing the submission of a Prohousing Designation Application to the California State Department of Housing and Community Development; and authorized the City Manager, or his designee, to execute all documents and agreements necessary to participate in the Prohousing Designation Program. 8K. Part -Time Employment and Benefits Policy
9 The City Council adopted Resolution No. 2023-063 amending the Part -Time Employment and Benefits Policy by revising the salary of any classification in a series due to compaction issues caused by increases in minimum wage and adding weekend shift differential pay to part-time employees in the classification of Maintenance Service Worker 1/11. 8L. Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2022-23
The City Council adopted Resolution No. 2023-064 and 2023-065 appropriating funds to adjust the Fiscal Year 2022-23 City Operating and Capital Improvement Program Budgets; an approved the use of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA) for Public Health - Negative Economic Impact ($347,515).
8M. Purchase of Ambulances
Brea Fire Chief Avery presented a brief presentation on the item, indicating the purchase is the result of working towards an enhanced, in-house EMS model for the Brea community.
Councilmember Hupp indicated the Council has been discussing for a long time and are happy to see it taking place.
The City Council authorized the City Manager or designee to issue a purchase order for $90S,525.82 to Republic EVS and approve a 10% contingency.
8N. Approve the use of National Opioid Settlement (NOS) Funds to Offset a Full-time Community Services Specialist Position in the Brea Resource Center, reallocate a Full-time Community Services Specialist Position to the Special Events Division, and Amend the Position Allocation List for FY 2023-24 to Reflect the Changes
The City Council approved the use of National Opioid Settlement Funds to offset a full-time Community Services Specialist position in the Brea Resource Center; and adopted Resolution No. 2023-066, amending the Position Allocation List for FY 2023-24 reallocating a full-time Community Services Specialist to the Special Events Division within the Community Services Department.
80. Section 115 Trust Administration Agreement with Public Agency Retirement Services (PARS) The City Council approved the Amendment with Public Agency Retirement Services (PARS) and the Discretionary Trustee Fee Schedule and authorized the City Manager to execute the amendment. 8P. Agreement with Chandler Asset Management for Investment Advisory Services The City Council entered into an agreement with Chandler Asset Management for Investment Advisory Services and authorized the City Manager to execute the contract. 8Q. Community Facilities Districts Annual Financial Report for the Fiscal Year June 30, 2023 The City Council received and filed the Community Facilities Districts Annual Financial Report for the Fiscal Year June 30, 2023.
8R. 2023-2024 City Council Priorities and Projects Updates The City Council received and filed the 2023-2024 City Council Priorities and Projects Updates. 7 8S. Monthly Report of Investments for the City of Brea for Period Ended September 30, 2023 - The City Council received and filed the Monthly Report of Investments for the City of Brea for Period Ended September 30, 2023.
8T. September Outgoing Payment Log and September 15, 22 & 29 and October 6, 13, 20 & 27, 2023 City Disbursement Registers
The City Council received and filed the September Outgoing Payment Log and September 15, 22 & 29 and October 6, 13, 20 & 27, 2023 City Disbursement Registers.
There was Motion made by Cecilia Hupp and seconded by Steve Vargas with a result of 4- 0-1-0, to approve City Council Consent Items 8A - 8T.
9. CITY/SUCCESSOR AGENCY - CONSENT
9A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended September 30, 2023
The City Council, as the Successor Agency, received and filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended September 30, 2023. 9B. October 20, 2023 Successor Agency Disbursement Register The City Council, as the Successor Agency, received and filed the October 20, 2023 Successor Agency Disbursement Register.
There was Motion made by Steve Vargas and seconded by Cecilia Hupp with a result of 4- 0-1-0, to approve City/Successor Agency Consent Items 9A — 9B.
10. BREA ARTS CORPORATION - CONSENT
10A. Brea Arts Corporation Annual Report for Fiscal Year 2022-23 The City Council, as the Brea Arts Corporation, received and filed the Brea Arts Corporation Annual Report for Fiscal Year 2022-23.
There was Motion made by Cecilia Hupp and seconded by Steve Vargas with a result of 4- 0-1-0, to approve Brea Arts Corporation Consent Item 10A.
11. ADMINISTRATIVE ANNOUNCEMENTS
11A. City Manager
None.
11B. City Attorney
None.
11C. Council Requests
None.
0 12. COUNCIL ANNOUNCEMENTS
12A. Council Announcements
None.
13. ADJOURNMENT
13A. Meeting Adjournment
Mayor Simonoff adjourned the General Session at 7:45 p.m.
Respectfully submitted,
Lillian Harris -Neal, City Clerk
The foregoing minutes are hereby approved
This S day of December, 2023.
r.(Y)f
ristine Manck, Mayor
7