Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
May 6, 2025, 7:00 PM - May 6, 2025, 8:12 PM
Roll Call: (The following members were in attendance)
Absent:
1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M.
1.A. Call to Order/Roll Call-
Mayor Pro Tem Hupp called the Study Session to order at 5:30 p.m. All members were present, with Mayor Stewart absent.
1.B. Public Comment-
None.
1.C. Clarify Regular Meeting Topics -
Council Member Marick directed staff to confirm that item 5C (Resolution Opposing Amended Rules 1111 and 1121) has updated and current information.
1.D. FY 2025-27 Budget Workshop: Preview of Operating and Seven-Year Capital Improvement Program Budgets-
Administrative Services Director, Monica Lo introduced the item and noted that the PowerPoint presentation will include the City Council's top priorities and projects; biennial budget process; budget highlight and economic outlook; review of the general fund and expenditures; five year projections and assumptions; and FY 2025-27 decision package requests.
Budget Manager, Alicia Brenner spoke about the proposed budget changes, FY 2025-27 budget highlights, sales tax activity, CalPERS investments, and general fund five year projections.
Management Analyst II, Anthony Godoy discussed decision packages for consideration and noted that staff focused on requests that: enhances revenue/impacts life safety/provides critical operational needs/has alternate funding identified.
In response to Council questions, Community Development staff stated that the proposed purchase of AI Software will help with sustainability, City services and local businesses. They noted that the software has real-time data and provides changes that affect population, density, infrastructure, trends, traffic, etc.
Council Member Marick expressed concern about fixed asset replacement plan (FARP) funds stating that she would like for City funds to be allocated to FARP or to the Community Center Replacement funds and not to the 560 account. Council Member Simonoff suggested that Council revisit the allocation of FARP funds at a later date.
In response to Council Member Vargas question, fire staff explained that the AutoPulse NXT Resuscitation System should be purchased to replace discontinued devices.
City Engineer, Ryan Chapman presented the seven year Capital Improvement Program (CIP) budget, provided an overview on topics, discussed CIP goals, provided the completed projected over the last budget cycle, noted the continuing appropriations FY 24-25, highlighted the new appropriations, and provided the proposed CIP summary.
In response to Council questions, City Engineer Ryan Chapman stated that funding for the Cliffwood Neighborhood Traffic Calming Improvement project includes: carryover, planning, design, public outreach, traffic signals, new left turn lanes, signage, temporary improvements, and speed humps. He stated that the funding for the City Hall HVAC system is for general maintenance.
1.E. Council Member Reports/Requests-
Council Member Simonoff noted that he will be abstaining from item 5F (Second Amendment to the Waste Disposal Agreement with the County of Orange for Solid Waste Disposal Services).
1.F. Study Session Adjournment-
Mayor Pro Tem Hupp adjourned the Study Session at 6:43 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
2.A. Call to Order/Roll Call
Mayor Pro Tem Hupp called the General Session to order at 7:01 p.m. All members were present, with Mayor Stewart absent.
2.B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.
2.C. Invocation: Pastor Rick Crockett, Crosspointe Church
Rick Crockett, Crosspointe Church, led the Invocation.
2.D. Presentation: Richard Nixon Presidential Library and Museum
Tamara Martin, Director, Richard Nixon Presidential Library and Museum, provided a presentation about offerings at the Richard Nixon Presidential Library and Museum and invited the community to visit the Library.
2.E. Proclamation: National Public Works Week
Mayor Pro Tem Hupp presented Manuel Gonzales, Water Division Crew Leader, with a Proclamation in honor of National Public Works Week.
2.F. Proclamation: National Police Week
Mayor Pro Tem Hupp presented Brea Police Chief Adam Hawley with a Proclamation in honor of National Police Week.
2.G. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session.
2.H. Community Announcements
Council Member Simonoff announced that the annual Fire Department and Public Works Open House will take place Saturday, May 10th at Fire Station 1 and the adjacent City Service Center located on Berry Street, between Lambert Road and Central Avenue. He stated that this family-friendly event features an inside look at department equipment and vehicles, fire demonstrations, refreshments, a live band and giveaways. We hope to see you there!
Council Member Vargas announced that the Plunge will be hosting an Open House event on Friday, May 16th. Instructors will be conducting swim tests to ensure that children are enrolled in the correct swim class level. Brea residents can register for classes online beginning Monday, May 19th. For more information, visit the City's website.
Council Member Marick announced that the Brea Fire Department is hosting a Wildfire Preparedness Workshop on Thursday, May 29th starting at 6:00 p.m., at the Brea Community Center. Learn how to stay safe during wildfires and home hardening; defensible space; evacuation planning; emergency kits; wildfire response; and more. For more information, please visit the City's website.
2.I. Matters from the Audience
Fan Ly spoke about his business, the Shady Nook, and expressed concern about being followed by Brea Police when he leaves his business establishment.
Sean Thomas spoke about the generosity of the community and spoke about The Suited Soldier organization.
Margee Hills spoke about Item 5C (Resolution Opposing Amended Rules 1111 and 1121) and requested the Council reconsider opposing Amended Rules 1111 and 1121.
2.J. Response to Public Inquiries
City Manager Griffith responded to public inquiries.
3. PUBLIC HEARING
3.A. Zoning Ordinance Text Amendment (ZOTA) No. 2025-01
City Planner Hwang provided a presentation on the item and spoke about the State Density Bonus Law, the need to adopt a local density bonus ordinance, proposed Zoning Ordinance Text updates, general density bonus, additional density bonus, incentives/concessions, waivers, density bonus parking ratios, noticing and CEQA, and staff recommendations.
Mayor Pro Tem Hupp opened the public hearing. Seeing no members of the public wishing to address the Council, Mayor Pro Tem Hupp closed the public hearing.
Council discussed proposed Accessory Dwelling Unit (ADU) legislation and indirect advantages that would come as a result of the designation.
Motion was made by Council Member Marick and seconded by Council Member Simonoff to waive full reading and introduce Ordinance No. 1259 titled "An Ordinance of the City Council of the City of Bra Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. 2025-01 and Approving CEQA Exemption Determination'; approve a California Environmental Quality Act (CEQA) Exemption Determination; and schedule adoption of aforementioned Ordinance at the next regular City Council meeting. Motion passed 4-0-1-0 (Ayes: Hupp, Marick, Simonoff. Absent: Stewart).
4. ADMINISTRATIVE ITEMS
4.A. Backflow and Cross-Connection Controls Ordinance Update; Cross-Connection Control Management Policy
Public Works Utilities Manager Rudy Correa provided a presentation that included changes to legislation, proposed ordinance no. 1261 updates, examples of backflows, and staff recommendation.
Motion was made by Council Member Simonoff and seconded by Council Member Steve Vargas to introduce Ordinance No. 1261, “An Ordinance of the City Council of the City of Brea Amending the Brea City Code To Update Backflow and Cross-Connection Controls and Approving a CEQA Exemption Determination,” by title only; and adopt Resolution No. 2025-033 approving a Cross-Connection Control Management Plan. Motion passed 4-0-1-0 (Ayes: Hupp, Marick, Simonoff, Vargas. Absent: Stewart).
4.B. Ordinance to Amend the Brea City Code Chapter 16.08: Fireworks
Police Chief Hawley provided a presentation that included the current law, proposed updates the enforcement plan, and staff recommendation. He also displayed a video regarding the fireworks program in Elk Grove, CA.
Council discussed fines, outreach, and public awareness. They concurred to amend the proposed Ordinance by changing the first violation fine to $500 instead of staff's recommendation of $250.
Motion was made by Council Member Vargas and seconded by Council Member Marty Simonoff to Waive full reading of and introduce Ordinance No. 1262, "An Ordinance of the City Council of the City of Brea amending the Brea City Code to update the fireworks ban and approving a CEQA Exemption" by title only. There is a potential for revenue increase due to fines, but there are no known expenditures directly related to the amendment of this ordinance. Motion passed 4-0-1-0 (Ayes: Hupp, Marick, Simonoff, Vargas. Absent: Stewart).
5. CONSENT CALENDAR
Motion was made by Council Member Vargas and seconded by Mayor Pro Tem Hupp to approve Consent Calendar items 5A-5J, with Council Member Marick voting "No" on item 5C and Council Member Simonoff abstaining from item 5F. Motion passed 4-0-1-0 (Ayes: Hupp, Marick, Simonoff, Vargas. Absent: Stewart).
5.A. April 15, 2025 Regular City Council Meeting Minutes
The City Council approved the April 15, 2025 Regular City Council Meeting Minutes as written.
5.B. Adopt a Resolution Establishing the City of Brea Master Employee Pay Schedule to Comply with CalPERS Regulations
The City Council adopted Resolution No. 2025-034 establishing the updated City of Brea Master Employee Pay Schedule, confirming the pay rates/ranges for all City of Brea established positions in order to comply with CalPERS regulations.
5.C. Resolution Opposing Amended Rules 1111 and 1121
The City Council approved Resolution No. 2025-035 opposing South Coast Air Quality Management District (SCAQMD) Proposed Amended Rules 1111 and 1121.
Council Member Marick voted No on this item.
5.D. Ordinance Designating Fire Hazard Severity Zones
The City Council waived full reading of and adopted Ordinance No. 1260 "An Ordinance of the City Council of the City of Brea designating fire hazard severity zones," formally accepting and implementing the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area (LRA) maps for our jurisdiction.
5.E. Budget Adjustments to the City Operating and Capital Improvement Program Budgets for FY 2023-25
The City Council adopted Resolution No. 2025-036 and 2025-037 appropriating funds to adjust the Fiscal Year 2023-25 City Operating and Capital Improvement Program Budgets.
5.F. Second Amendment to the Waste Disposal Agreement with the County of Orange for Solid Waste Disposal Services
The City Council approved a second amendment to the Waste Disposal Agreement with the County of Orange for solid waste disposal services extending the term by 12 months.
Council Member Simonoff abstained from this item.
5.G. Award Contract with All American Asphalt in the Amount of $2,349,866.00 for the Birch Street Phase 1A Street Improvements from N. Kraemer Boulevard to Valencia Avenue, CIP 7329
The City Council approved the Plans and Specifications; receive bids; awarded the Contract to the lowest responsive and responsible bidder, All American Asphalt, in the amount of $2,349,866.00; and authorized the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price.
5.H. Joint Use Agreement Between City of Brea and Southern California Edison for the SR-57 & Lambert Road Interchange Improvements, CIP 7251
The City Council approved the Joint Use Agreement with Southern California Edison.
5.I. Approve Child Abuse Services Operational Agreement with University of California, Irvine
The City Council approved a three-year operational agreement with the University of California, Irvine Department of Pediatrics for child sexual abuse examinations.
5.J. City Disbursement Registers for April 11, 2025, April 18, 2025 , and April 25, 2025
The City Council received and filed the City Disbursement Registers for April 11, 2025, April 18, 2025 , and April 25, 2025.
6. ADMINISTRATIVE ANNOUNCEMENTS
6.A. City Manager
None.
6.B. City Attorney
None.
6.C. Council Requests
None.
7. COUNCIL ANNOUNCEMENTS
7.A. Council Announcements
None.
8. ADJOURNMENT
8.A. Meeting Adjournment
Mayor Pro Tem Hupp adjourned the General Session at 8:12 p.m.