Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
March 19, 2024
Roll Call: (The following members were in attendance)
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M.
1.A. Call to Order/Roll Call
Mayor Marick called the Closed Session to order at 6:00 p.m., all members were present, with Council Member Vargas participating via Zoom teleconference.
1.B. Public Comment-
None.
1.C. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Association (BFA) - Bill Gallardo, Negotiator-
Mayor Marick adjourned the Closed Session at 6:27 p.m.
2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M.
2.A. Call to Order/Roll Call-
Mayor Marick called the Study Session to order at 6:31 p.m., all members were present with Council Member Vargas joining the meeting via Zoom teleconference at 6:35 p.m.
2.B. Public Comment-
None.
2.C. Clarify Regular Meeting Topics -
Council Member Vargas requested that item 5B, Second Reading and Adoption of Ordinance No. 1247, An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment (ZOTA) No. 2023-04 and approving a CEQA Exemption Determination, be continued to a future meeting.
It was the consensus of the Council to not continue the item.
2.D. Unscheduled Vacancy Appointment to the Cultural Arts Commission -
Council Member Simonoff stated that he and Mayor Marick served on the Interview Committee and interviewed candidates to fill the unscheduled vacancy on the Cultural Arts Commission.
Council Member Simonoff nominated Erika Bernal to the Cultural Arts Commission to serve the remainder of a term ending December 31, 2024.
The City Council voted 4-0-1(Aye: Marick, Stewart, Simonoff, Hupp; Absent: Vargas) with Council Member Vargas absent, to confirm Council Member Simonoff's nomination, Erika Bernal, to the Cultural Arts Commission.
2.E. Focused General Plan Update Community Steering Committee-
City Planner Hwang provided a presentation and spoke about the intent of the Community Steering Committee, breakdown of potential committee members, next steps and timeline.
The City Council nominated Council Member Hupp to serve as the Council representative and Mayor Marick as the alternate, and requested that staff incorporate a good cross section of the community that includes individuals of different demographics as well as residents from different parts of the City. They also authorized the City Manager or Community Development Director to finalize the Steering Committee member selection.
2.F. Council Member Reports/Requests-
None.
Mayor Marick adjourned the Study Session at 6:47 p.m.
3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
3.A. Call to Order/Roll Call
Mayor Marick called the General Session to order at 7:03 p.m., all members were present with Council Member Vargas participating via Zoom teleconference.
3.B. Pledge of Allegiance: Brea Girl Scouts
Brea Girl Scouts led the Pledge of Allegiance.
Mayor Marick presented a Proclamation in recognition of National Girl Scout Week to Brea Girl Scout representative Jill Patterson.
3.C. Invocation: Pastor Doug Green, North Hills Church-
Pastor Doug Green, North Hills Church, delivered the Invocation.
3.D. Commendation: Outgoing Cultural Arts Commissioner - Sara Trujillo
Council Member Simonoff and Mayor Marick presented outgoing Cultural Arts Commissioner Sara Trujillo a Commendation recognizing her service and contribution to the community.
Sara Trujillo thanked the Council for the opportunity to serve on the Cultural Arts Commission.
3.E. Report - Prior Study Session
City Manager Gallardo provided a report on the prior Study Session.
3.F. Community Announcements
Mayor Pro Tem Stewart announced that applications are being accepted for the City’s Historic Preservation Pilot Program and indicated that the program is designed to promote historic preservation and encourage property owners to consider designating their property as a historic resource in the City of Brea. He stated that in order to apply for this grant opportunity, applicants must meet the requirements, complete and submit an application, along with the Historic Preservation Application or Mills Act Application package and to visit the City's website for more details.
Council Member Hupp announced that the Love Brea event will take place on Saturday, April 27 and that project submissions are now open. She added that project ideas can range from pulling weeds, taking inventory of the City’s APP collection, or helping declutter a neighbor’s garage. She encouraged the community to get involved by submitting projects in the City, and noted that beginning Friday, March 22, community members can sign up to volunteer for projects.
3.G. Matters from the Audience
Sean Thomas spoke about the establishment of the Orange County Commission on the Status of Women and Girls, and spoke about Spectrum service in the City.
Keith Fullington requested more entertainment in the Downtown area, and discussed the loss of business. He also discussed the necessity for street repair in certain areas of the City.
Ellie and Issac Hartzeim spoke in support of the Arovista Park Modernization Project.
3.H. Response to Public Inquiries
City Manager Gallardo responded to public inquiries.
4. PUBLIC HEARING
4.A. Public Hearings for Impact Fee Studies, Impact Fee Adoption, and Sewer Connection Fees
Finance Manager Madrazo provided a presentation and spoke about what a development impact fee is, background, and timeline.
James Edison, Willdan Financial Services, spoke about fire and dispatch impact fee methodology, fire and dispatch impact fees, comparison to current fee schedule, and preliminary planned facilities.
Eric Callocchia, NewGen Strategies & Solutions, LLC, spoke about the Water System Master Plan, Water Impact Fee calculation, comparison to current fee schedule for water impact fees, Sewer Impact Fee background, Sewer System Master Plan, Sewer Impact Fee calculation, sewer system buy-in approach, Sewer Connection Fee calculation of actual costs, and comparison to current Sewer Connection Fee Schedule.
Finance Manager Madrazo continued the presentation and spoke about potential options for the Council.
Mayor Marick opened the Public Hearing.
Jonnae Sylvester, Public Policy Intern, Brea Chamber of Commerce, spoke in support of the item.
City Clerk Harris-Neal summarized the following written comments received:
Glenn Parker, former Brea Mayor/Council Member asked if the list of improvements include any requirements necessary to improve our Fire Protection Class, and if it doesn't, it should be a goal due to its impact on insurance rates.
Adam Wood, Sr. Vice President, Building Industry of Southern California, Inc., expressed concern with dramatically increased fees, but showed appreciation for the phased increase option and requested the Council consider ways to streamline operations and reduce the cost of construction, in line with the increases.
Seeing no further members of the public wishing to address the Council, Mayor Marick closed the Public Hearing.
Council discussed the difference in costs among the three (3) outlined districts and examples of circumstances that would warrant the incurrence of water impact fees.
Council Member Vargas, with concurrence from Mayor Pro Tem Stewart, suggested the fees be increased at smaller increments over time as to minimize impact.
Mayor Marick spoke about upholding the sentiment of past Councils to have new development in the City pay for itself, to not bring down level of service for existing residents as new customers come into the system, and to preserve the level of service for existing residents. She also reiterated that the water impact fees are applied to new developments and expansions in the City.
In response to Council Member Vargas' question, James Edison, Willdan Financial Services, clarified the valuation of existing facilities.
Council discussed the outlined list of preliminary planned facilities. Mayor Marick clarified that the new fees and rates are not set by the provided preliminary planned facilities list.
Motion was made by Council Member Hupp and Seconded by Mayor Marick to open and conduct a Public Hearing and adopt Resolution No. 2024-012 to revise the amount of Fire Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination; adopt Resolution No. 2024-013 to revise the amount of Dispatch Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination; adopt Resolution No. 2024-014 to revise the amount of Water Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination; introduce Ordinance No. 1249 entitled, "An Ordinance of the City Council of the City of Brea Establishing Sewer Impact Fees for Certain New Developments within the City of Brea, and Approving a CEQA Exemption Determination"; adopt Resolution No. 2024-015 to establish the amount of Sewer Impact Fee Study, approve an Impact Fee Nexus Study, make all findings and analyses required by law and approve a CEQA exemption determination (to be effective after the adoption of Ordinance No. 1249); and adopt Resolution No. 2024-016 to establish and adjust Sewer Connection Fees, and approve a CEQA exemption determination. Motion passed 3 - 2 (Ayes: Marick, Hupp, Simonoff; Noes: Stewart, Vargas).
5. CONSENT CALENDAR
Due to technical difficulties, Council Member Vargas was absent from the meeting at 8:35 p.m.
Senior Management Analyst Colacion provided a brief presentation on item 5H, Award of Contracts for the Arovista Park Modernization Project, and spoke about the project scope, a summary of the contracts for consideration, project team, project timeline and staff recommendations.
Motion was made by Council Member Hupp and seconded by Council Member Simonoff to approve City Consent Items 5A - 5J. Motion passed 4-0-1 (Ayes: Marick, Stewart, Hupp, Simonoff; Absent: Vargas).
5.A. March 5, 2024 Regular City Council Meeting Minutes
The City Council approved the March 5, 2024 Regular City Council Meeting Minutes.
5.B. Second Reading and Adoption of Ordinance No. 1247, An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment (ZOTA) No. 2023-04 and approving a CEQA Exemption Determination
The City Council waived full reading of and adopted Ordinance No. 1247 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 2023-04 (Omnibus Zoning Code Update) and approving a CEQA Exemption Determination")."
5.C. Second Reading and Adoption of Ordinance No. 1248, an Ordinance of the City Council of the City of Brea establishing procedures for setting sewer connection fees, and approving a CEQA exemption determination
The City Council waived full reading of and adopted Ordinance No. 1248, "An Ordinance of the City Council of the City of Brea Establishing Procedures for Setting Sewer Connection Fees, and Approving a CEQA Exemption Determination."
5.D. Approve Amendment No. 1 to Golf Course Maintenance and Operation Agreement with Western Golf Properties, LLC
The City Council approved Amendment No. 1 to Golf Course Maintenance and Operation Agreement with Western Golf Properties, LLC.; appropriated $60,000 for future fiscal years for reimbursement of minor Capital Improvements at golf course facilities; and authorized the City Manager to approve reimbursement to operator for any minor Capital Improvements to golf course facilities in an amount not-to-exceed $60,000 within the fiscal year.
5.E. Approve a Professional Design Services Agreement with Iteris, Inc. for the Preparation of Plans, Specifications, and Engineering Estimate for the Implementation of the City of Brea Closed Caption Television (CCTV) System.
The City Council approved a Professional Design Services Agreement with Iteris, Inc. in the amount of $214,726 for the Preparation of Plans, Specifications and Engineering Estimate for the Implementation of the City of Brea Closed Circuit Television (CCTV) System.
5.F. Professional Services Agreements for Annual As-Needed Design and Civil Engineering Services for Various Capital Improvement Program and Private Development Projects
The City Council approved Professional Service Agreements between the City of Brea and Ardurra Group, Inc.; JMDiaz, Inc.; Kreuzer Consulting Group; Michael Baker International, Inc.; and Willdan Engineering for Design and Civil Engineering Services in the annual amount not-to-exceed $300,000 per year for two (2) years, plus three (3) optional 1-year extensions; and authorized the City Manager to approve extensions. The approved FY 2023-25 CIP Budget includes all Design and Civil Engineering costs for each programmed project. There is no fiscal impact to the General Fund.
5.G. Ambulance Equipment Purchase
The City Council approved the purchase of equipment for ambulances; authorized the City Manager or designee to execute the purchases; and amended the City's 2023-25 Operating Budget to appropriate an additional $340,997 from the City's General Fund (Fund 110) to cover the purchase of equipment for ambulances plus a 10% contingency.
5.H. Award Contract with Urban Habitat in the amount of $16,511,884.55, plus a 10% contingency, TELACU in the amount of $735,890, plus a 10% contingency, David Volz Design in the amount not-to-exceed $75,000 and Geocon West, Inc. in the amount not-to-exceed $250,000 for the Arovista Park Modernization Project, CIP Project No. 7978
The City Council reapprove the Plans and Specifications for the Arovista Park Modernization Project, Capital Improvement Program (CIP) No. 7978 (Phase 1), including Addendums #1, #2, and #3; received bids; adopted Resolution No. 2024-017 to appropriate an additional $12,668,123 from a combination of existing CIP projects and available fund balances described herein; awarded Contract to the lowest responsive and responsible bidder, Urban Habitat, in the amount of $16,511,884.55; authorized the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the Urban Habitat Contract Price; awarded a contract to TELACU for Construction Management and Inspection Services for $735,890; authorized the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the TELACU Contract Price; awarded a contract to David Volz, Inc. for Construction Support in an amount “not-to-exceed” $75,000; and awarded a contract to GeoCon West, Inc. for Soils Inspection, Materials Testing and Special Inspections in an amount “not-to-exceed” $250,000.
5.I. Monthly Report of Investments for the City of Brea for Period Ended February 29, 2024
The City Council received and filed the Monthly Report of Investments for the City of Brea for Period Ended February 29, 2024.
5.J. March 1 and 8, 2024 City Disbursement Registers
The City Council received and filed the March 1 and March 8, 2024 City Disbursement Registers.
6. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Council Member Hupp to approve City/Successor Agency Consent Item 6A. Motion passed 4-0-1 (Ayes: Marick, Stewart, Hupp, Simonoff; Absent: Vargas).
6.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 29, 2024 -
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 February 29, 2024.
7. ADMINISTRATIVE ANNOUNCEMENTS
7.A. City Manager-
None.
7.B. City Attorney-
None.
7.C. Council Requests-
None.
8. COUNCIL ANNOUNCEMENTS
8.A. Council Announcements
Mayor Marick wished her mother a happy birthday.
9. ADJOURNMENT
9.A. Meeting Adjournment
Mayor Marick adjourned the General Session at 8:41 p.m. in memory of former Council Member and Mayor, John Beauman.