Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
September 17, 2024
Roll Call: (The following members were in attendance)
1. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
1.A. Call to Order/Roll Call
Mayor Marick called the General Session to order at 7:00 p.m., all members were present.
1.B. Pledge of Allegiance: Boy Scouts Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.
1.C. Invocation: Pastor Rick Crockett, Crosspointe Church
Pastor Rick Crockett, Crosspointe Church, led the Invocation.
1.D. Brea Little League Team Recognition
Mayor Marick, on behalf of the entire City Council, presented Brea Little League Team AAA (10) All Stars Team with Certificates in recognition of winning the title of District 56 All Star Champions.
1.E. Proclamation: World Alzheimer's Month
Mayor Marick, on behalf of the entire City Council, presented Samantha Munger from Alzheimer's Orange County with a Proclamation in honor of World Alzheimer's Month.
1.F. Proclamation: Childhood Cancer Awareness Month
Mayor Marick, on behalf of the entire City Council, presented A.J. De La Torre and his parents, Carolina Valls and Ricky De La Torre, with a Proclamation in honor of Childhood Cancer Awareness Month.
1.G. Community Announcements
Council Member Hupp announced the Community Development Department has partnered with the Orange County and Inland Empire Small Business Center to host a clinic on Tuesday, October 8 from 5:00 to 8:00 p.m. The clinic will offer one-on-one consulting with business professionals in Brea to provide assistance and answer inquiries about immediate marketing, operations, or financial assessment needs; and will be a great networking opportunity. Appointments are on a first-come, first-serve basis.
Mayor Pro Tem Stewart invited the community to attend Inner Coastal Cleanup Day on Saturday, September 21 at Brea Creek Channel from 7:00 to 11:00 a.m., with volunteer check-in taking place on the lower level of Downtown Parking Structure #2. He encouraged residents to bring water bottles, sunscreen, closed-toed shoes, and to wear a hat. Bags and gloves will be provided for all participants, and more information can be found on the City website.
Council Member Simonoff announced that September is National Preparedness Month and residents should be prepared in the event of a disaster. He encouraged the community to have an emergency plan, kit, and register for Alert OC. He noted the planned regional test was cancelled because of the ongoing response to the Airport fire, and a new test date will be announced.
1.H. Matters from the Audience
Scott Hupp, on behalf of the Lions and Rotary Club, thanked the community for supporting the Mayor's Cup Golf Fundraiser and making the event a success.
Sean Thomas, in response to Item 3A, asked for clarification on Proposition 36 and how the City of Brea would be affected financially. In addition, he spoke in appreciation for Hispanic Heritage Month.
Trudi DesRoches, President of Yorba Linda Water District (YLWD), invited the community to attend YLWD's open house on Saturday, October 12th to tour the water treatment facility and enjoy a day filled with activities and demonstrations.
Eduardo Equeda spoke on behalf of the residents at Imperial Apartments regarding overnight parking restriction impacts.
Glenn Vodhanel spoke about the Ballot Measure H, Brea Olinda Unified School District Measure
Keith Fullington expressed concerns regarding the Brea Olinda Unified School District's Measure H ballot measure and the road conditions on Birch Street. He also encouraged the community to attend the Concert in the Parks and the upcoming election.
Carrie Flanders expressed support for Brea Olinda Unified School District's Measure H ballot initiative. She spoke about how the school district's budget and funding is disbursed amongst staff and facility maintenance.
Glenn Parker spoke about Concert in the Parks, and encouraged the community to attend the Candidates Forum hosted by the League of Women Voters.
1.I. Response to Public Inquiries
City Manager Gallardo responded to public inquiries.
2. PUBLIC HEARING
2.A. Public Hearing for the Establishment of an Online Residential Solar Permit Fee
Building Official Varela provided an overview of the Online Residential Solar Permit Fee program and staff's recommendation to adopt Resolution No. 2024-057. He explained how the program would allow for easier implementation of an automated solar permit issuance system, simplify permit fee structures, and create an online permitting platform required by State Bill 379. He noted staff has been working to help implement an online system.
Mayor Marick opened the Public Hearing.
Matthew Rock spoke support for the establishment of an online residential solar permit fee . He explained how the online system would streamline the permit process, allowing for a faster and more efficient installation of solar panels for the community.
Lacy Schoen, Brea Chamber of Commerce President, spoke in of support for the establishment of an online residential solar permit fee.
Mayor Marick closed the Public Hearing.
City staff answered City Council questions regarding the automated system's capability to notify applicants to see if they are a part of a Homeowner's Association, the flexibility for fee calculation based on kilowatt usage, and the cost recovery rate at the state fee maximum.
Motion was made by Council Member Hupp and seconded by Council Member Vargas to approve Resolution No. 2024-057, Establishing an Online Residential Solar Permit Fee. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Simonoff, Hupp, Vargas).
3. ADMINISTRATIVE ITEM
3.A. Consideration of Approval of Resolution in Support of the November 2024 California Ballot Initiative Measure Proposition 36
Management Analyst Solorzano spoke about the background of the November 2024 California Ballot Initiative Measure Proposition 36 and introduced Police Captain Rodriguez for more information.
Police Captain Rodriguez explained the impact of allowing the Police Department to increase criminal punishment for drug and theft-related crimes and thanked City Council for their support of the Police Department. He indicated that by allowing felony charges for certain drug and theft crimes, the community would benefit because there would be less offenders on the street and stricter charges would deter potential offenders.
Captain Rodriguez answered City Council questions regarding the cost associated with processing felony crimes; the impact of the passage of Proposition 36 for the Brea community; and the how "smash and grab" crimes would be defined. He also clarified how fentanyl crimes would be handled by the Police Department.
Motion was made by Council Member Vargas and seconded by Council Member Hupp to adopt Resolution No. 2024-058, supporting the November 2024 California Ballot Initiative Measure Proposition 36. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Simonoff, Hupp, Vargas).
4. CONSENT CALENDAR
Motion was made by Council Member Simonoff and seconded by Council Member Vargas to approve City Consent Calendar Items 4A to 4H. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Hupp, Simonoff, Vargas).
4.A. August 20, 2024 City Council Regular Meeting Minutes
The City Council approved the August 20, 2024 City Council Regular Meeting Minutes as written.
4.B. Amendment No. 1 to the Professional Services Agreement between the City of Brea and Truepoint Solutions, LLC
The City Council approved Amendment No. 1 to the Professional Services Agreement between the City of Brea and TruePoint Solutions, LLC in an amount not-to-exceed $44,220, plus a 10% contingency.
4.C. Acceptance of Public Improvements and Release of Improvement Bond for Traffic Monitoring and Reporting for the AvalonBay Communities Site
The City Council accepted Public Improvements and authorized the City Clerk to release the Performance and Payment Bonds for Traffic Monitoring and Reporting; and accepted Warranty Bond to guarantee the work from defective work, labor, or material performed.
4.D. Acceptance of Traffic Signal Modification Project, Lambert Road at Cliffwood Ave.-Cliffwood Park Street, State College Blvd. at Cliffwood Ave. & Balsa Ave., CIP Project No. 7717
The City Council accepted project as complete and authorized the City Clerk to file and record Notice of Completion; authorized the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond; and release the Payment Bond upon further notification from the Public Works Department; and accepted the Warranty Bond.
4.E. Acceptance of Brea Blvd. Street Improvements from Juniper St. to Imperial Hwy (SR-90), CIP Project No. 7299
The City Council accepted project as complete and authorized the City Clerk to file and record Notice of Completion; authorized the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond; release the Payment Bond upon further notification from the Public Works Department; and accepted the Warranty Bond.
4.F. Conflict of Interest Code Amendment
The City Council adopted Resolution No. 2024-059, amending the City of Brea's Conflict of Interest Code to conform to organizational changes and current State law for designated City employees and officials, repealing Resolution No. 2022-063.
4.G. DUPLICATE Monthly Report of Investments for the City of Brea for Period Ended August 31, 2024
The City Council received and filed Monthly Report of Investments for the City of Brea for Period Ended August 31, 2024.
4.H. Monthly Report of Investments for the City of Brea for Period Ended August 31, 2024
The City Council received and filed Monthly Report of Investments for the City of Brea for Period Ended August 31, 2024.
4.I. August 16, 23, 30 and September 6 City Disbursement Registers
The City Council received and filed August 16, 23, 30 and September 6 City Disbursement Registers.
5. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Stewart to approve City/Successor Agency Consent Calendar Items 5A and 5B. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Hupp, Simonoff, Vargas).
5.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2024
The City Council, as the Successor Agency, received and filed Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended July 31, 2024.
5.B. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended September 30, 2024
The City Council, as the Successor Agency, received and filed Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended July 31, 2024.
5.C. August 30 Successor Agency Disbursement Register
The City Council, as the Successor Agency, received and filed Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for August 30 Successor Agency Disbursement Register.
6. ADMINISTRATIVE ANNOUNCEMENTS
6.A. City Manager
None.
6.B. City Attorney
None.
6.C. Council Requests
Council Member Hupp requested staff explore the possibility of billing campaigns that place signs to public areas to recover cost for staff time; send a notice at beginning of the election to other candidates' offices informing them of Brea's sign laws; and provide an update at a future meeting. She also asked if staff could look into suggestions on how to address the Grants Pass ruling regarding loitering and public camping.
7. COUNCIL ANNOUNCEMENTS
7.A. Council Announcements
None.
8. ADJOURNMENT
8.A. Meeting Adjournment
Mayor Marick adjourned the General Session at 8:30 p.m. in memory of Vern King, long-time Brea Senior Center Shuttle Driver.