1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:15 P.M.
1.A. Call to Order/Roll Call-
Mayor Marick called the Closed Session to order at 5:15 p.m. All members were present.
1.B. Public Comment-
None.
1.C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property: Railroad Corridor Between Palm Street and Berry Channel City of Brea Negotiator: Public Works Director Michael Ho Negotiating Party: Union Pacific Railroad Company Under Negotiation: Price and Terms of Payment -
1.D. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b). Title: City Manager -
Mayor Marick adjourned the Closed Session meeting at 6:43 p.m.
2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:45 P.M.
2.A. Call to Order/Roll Call-
Mayor Marick called the Study Session to order at 6:46 p.m. All members were present.
2.B. Public Comment-
Planning Commissioner Thomas Donini discussed his meeting attendance as a Commissioner.
2.C. Clarify Regular Meeting Topics -
Regarding Item 5C (Agreement for Forensic Nurse Specialist for Forensic Exams), Police Chief Hawley reported an inconsistency between the proposed agreement and the staff report. He noted that section 2 of the agreement will be amended to reflect that amount paid for services shall not exceed the all inclusive sum for the term of the agreement and section 4 will be amended by removing the wording "expiring on the first anniversary thereof".
Regarding Item 3D (Presentation of OC Free Gun Locks Program), Mayor Marick noted that the item will be continued.
2.D. Discussion of an Update to the Commission and Committee Member Attendance Policy-
Interim Assistant City Manager Killebrew stated that the current Commission and Committee Member Policy for attendance is based on a fiscal year operation which is hard to track. He stated that staff recommends that the attendance policy be amended to calendar year tracking for better clarity.
Mayor Marick suggested that the attendance policy be based on a rolling 12 month basis and she directed staff to notify Council when Committee/Commission members are not attending their respective meetings.
Council Member Vargas noted that according to the new attendance policy as presented, a Committee/Commission member is allowed to miss three (3) meetings within a quarter. He recommended that the policy be changed to "not to exceed more than two (2) meetings per calendar year".
2.E. Council Member Reports/Requests-
None.
Mayor Marick adjourned the Study Session meeting at 6:56 p.m.
3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
3.A. Call to Order/Roll Call- 7:05 PM
Mayor Marick called the General Session to order at 7:05 p.m. All members were present.
3.B. Pledge of Allegiance: Girl Scout Troop 8101-
Girl Scout Troop 8101 led the Pledge of Allegiance.
3.C. Invocation: Pastor Vaughn Jarrett, The Way Christian Community Churches-
Pastor Vaughn Jarrett, The Way Christian Community Churches, delivered the Invocation.
3.D. Presentation: OC Free Gun Locks Program-
This item was continued to a future meeting.
3.E. Report - Prior Study Session-
Interim Deputy City Manager Jason Killebrew provided the prior Study Session report.
3.F. Community Announcements -
Council Member Hupp announced that this coming holiday season there are many opportunities to help Brea families and individuals that are in need. She noted that giving opportunities range from Adopting-a-Senior through the Brea Senior Center, donating an unwrapped toy at any Brea Fire Station or City facility, or donating a gift card through the Wish Tree program hosted by the Brea Resource Center. The community's kindness makes a real difference, especially this time of year. For more information, please visit the City website.
Mayor Pro Tem Stewart asked residents to save the date for the City’s annual Tree Lighting Ceremony on Thursday, December 7 at 6:30 p.m. on the front steps of the Brea Civic & Cultural Center. He stated that there will be musical performances, refreshments, and a magical snow fall. Plus, there will be an opportunity to take professional photos with Santa himself, for just $5. For more information, please visit the City website.
3.G. Matters from the Audience
Linda Shay thanked Council for supporting the "Big Game Centennial Anniversary" and invited residents to attend "AJ's Art Exhibition" on December 7 from 12- 3pm at the Brea Museum Banquet Hall. She noted that the exhibit will benefit Ian's Friends Foundation for Pediatric Brain Cancer Research and will be on display from December 7 through December 28, 2024.
Gary Brittain congratulated Mayor Marick and Council Member Marty Simonoff in relation to the 2024 General Municipal Election; stated that there needs to be more Council representation throughout the City of Brea; and voiced opposition to: what he believes was unethical support for some candidates and lack of Council Member unity.
Craig Farris acknowledged and thanked volunteers and staff that assisted with the Big Game Centennial Anniversary.
Blake Perez expressed support for the e-bike ordinance but expressed concern about the ban on certain sidewalks.
Scott Hupp noted that the Brea Community Emergency Council (BCEC) provided $6,070 in emergency aide to Brea residents in collaboration with the Brea Resource Center and $12,600 in gift cards to families in the community. He urged residents to donate and noted that donations can be mailed to P.O. Box 8624, Brea, CA 92822. He expressed disappointment with previous comments made regarding unethical support for some candidates.
Lee Squire thanked Mayor Pro Tem Stewart, Council Member Vargas, Council Member Hupp and staff for the Brea Veteran's Day event.
Bill Klovstad discussed the Council candidacy race, noted that he is interested in learning more about the City of Brea and expressed interest in becoming a City Commissioner or City Committee member.
Thomas Donini thanked Council and residents for the opportunity to run as a candidate for City Council and noted how the opportunity benefitted him because he met so many residents. He also thanked Council for the opportunity to continue to serve as a Commissioner. Lastly, he stated that there was never any intention to bring gambling to the City of Brea.
3.H. Response to Public Inquiries- 7:31 PM
None.
4. ADMINISTRATIVE ITEMS
4.A. Orange County Grand Jury E-Bike Report & Brea E-Bike Ordinance
Motion was made by Council Member Hupp and seconded by Council Member Simonoff to approve Administrative Items No. 4A. Motion passed 5-0-0-1 (Ayes: Marick, Stewart, Simonoff, Vargas, Hupp).
Deputy Community Services Director, Matlock discussed the background of the e-bike ordinance and noted there are 3 findings which are: 1) the majority of Orange County’s 34-cities do not have ordinances or policies in place, which makes it difficult to address address the safe operation and regulation of E-bikes leading to confusion; 2) due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders; and 3) training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders.
In response to Council questions, Police Lieutenant Harvey and Police Chief Hawley stated that there is no current statewide mandated law regarding e-bikes; noted that the City of Brea is trying to gain compliance through education by partnering with the Brea Olinda School District (BOUSD) to educate students and parents of wreckless usage dangers; noted that e-bike enforcement is mainly to address wreckless usage; clarified that regulations in the proposed Ordinance mirrors the Orange County Sheriff's Department's training bulletin which is mentioned in the Grand Jury Report; and verified that e-bikes as defined the California Vehicle Code are allowed on the trail.
5. CONSENT CALENDAR
Motion was made by Council Member Simonoff and seconded by Council Member Stewart to approve Consent Calendar Items No. 5B - 5K. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Simonoff, Vargas, Hupp). For Item 5A, Motion Passed 5-0-1, with Councilmember Hupp abstained from voting on item 5A.
5.A. October 15, 2024 Regular City Council Meeting Minutes
The City Council approved the October 15, 2024 Regular City Council Meeting Minutes as written.
5.B. Completion of the Tracks at Brea Western Extension Parks Planning Project (RMC21013)
The City Council adopted Resolution No. 2024-061 certifying the completion of the Tracks at Brea Western Extension Park Planning Project (RMC21013).
5.C. Approve an Agreement with Forensic Nurse Specialist for Forensic Examinations
The City Council approved a three-year agreement with Forensic Nurse Specialist, Inc. for forensic examination and evidence collection services for sexual assault victims.
5.D. Accept $73,000 Office of Traffic Safety Selective Traffic Enforcement Program Grant Award for Traffic Safety Operations
The City Council accepted an Office of Traffic Safety Selective Traffic Enforcement Program (OTSSTEP) Grant Award which funds best practice strategies to be implemented to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors, in the amount of $73,000, for the one-year grant period which began October 1, 2024 and ended September 30, 2024.
5.E. Resolution to Update the Commission and Committee Member Attendance Policy
During the Study Session Council recommended that the Attendance Policy Resolution be amended to reflect that Commission/Committee members are not to miss more than two (2) meetings per calendar year.
The City Council adopted Resolution No. 2024-062 as amended that would update the Commission and Committee Attendance Policy.
5.F. Budget Adjustments to the City Operating and Capital Improvement Program Budgets for FY 2023-25
The City Council adopted Resolution No. 2024-063 and Resolution 2024-064 appropriating funds to adjust the Fiscal Year 2023-25 City Operating and Capital Improvement Program Budgets.
5.G. Rejection of Bids for the Valencia Reservoir 10 MG Steel Water Tank Rehabilitation, CIP Project No. 7473
The City Council rejected all bids and direct the City Clerk to return all Bid Bonds to bidders.
5.H. Annual Development Impact Fee Report for Fiscal year Ending June 30, 2024
The City Council received and filed the report.
5.I. September and October Outgoing Payment Log and October 11, 18, 25, and November 1 and 8 City Disbursement Registers
The City Council received and filed the report.
5.J. Monthly Report of Investments for the City of Brea for Period Ended October 31, 2024
The City Council received and filed the report.
5.K. Monthly Report of Investments for the City of Brea for Period Ended June 30, 2024 (Revised)
The City Council received and filed the report.
6. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Council Member Vargas to approve City/Successor Agency Consent Calendar Items No. 6A. and 6B. Motion passed 5-0-0-0 (Ayes: Marick, Stewart, Simonoff, Vargas, Hupp).
6.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2024 (Revised)
The City Council as the Successor Agency, received and filed the report.
6.B. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended November 30, 2024
6.C. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended October 31, 2024
The City Council as the Successor Agency, received and filed the report.
7. ADMINISTRATIVE ANNOUNCEMENTS
7.A. City Manager
7.B. City Attorney-
None.
7.C. Council Requests
None.
8. COUNCIL ANNOUNCEMENTS
8.A. Council Announcements
None.
9. ADJOURNMENT
9.A. Meeting Adjournment
Mayor Marick adjourned the General Session at 7:58 p.m.