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CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Marick called the Closed Session to order at 5:30 p.m., all members were present. |
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Present:
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Marick, Simonoff, Hupp, Parker, Vargas
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1. |
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Public Comment
None. |
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| Closed Session may convene to consider matters of purchase / sale of real property (G. C. §54956.8), pending litigation [G.C.§54956.9(d)(1)], potential litigation [G.C. §54956.9(d)(2)(3) or (4)], liability claims (G. C. §54961) or personnel items (G.C.§54957.6). Records not available for public inspection. |
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2. |
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Conference with City's Labor Negotiator Pursuant to Government Code Section §54957.6 Regarding the Brea Firefighters Association (BFA), Brea City Employees' Association (BCEA) - Mario E. Maldonado, Negotiator |
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3. |
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Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation. Name of Case: City of Brea v. Kaneh Bosm Church of Brea (Case No. 30-2018-01040106-CU-MC-CJC) |
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4. |
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Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Emergency Ambulance Contract Dispute. |
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5. |
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Conference with Legal Counsel Pursuant to Government Code §54956.9(d)(2) – Irene Crews v. City of Brea, WCAB ADJ10933999 |
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6. |
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Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation – Irene Crews v. City of Brea, et al United States District Court, Central District of California Case No. 8:18-cv-01104-AG-DFM |
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7. |
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Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Brea Disposal (Republic) Contract Dispute.
Mayor Marick adjourned the Closed Session at 6:37 p.m. |
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STUDY SESSION
6:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Marick called the Study Session to order at 6:38 p.m., all members were present. |
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8. |
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Public Comment
None. |
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9. |
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Clarify Regular Meeting Topics
City Attorney Boga noted the receipt of a letter from AT&T in reference to Agenda Item No. 24, Urgency Ordinance for the permitting process for small cell site facilities. |
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| DISCUSSION ITEMS |
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10. |
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Mayor Appointments 2019
Mayor Marick stated that she would like to keep the appointments the same as the previous year with the following modifications: Councilmember Vargas and Mayor Pro Tem Simonoff to the NOCJPA and Councilmember Vargas added as the alternate for the Sanitation District.
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11. |
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City Council Code of Conduct Amendment
City Manager Gallardo provided the details of the report including background, process and protocol; and staff recommendations.
Councilmember Vargas inquired about consequences for violations to the Code of Conduct.
City Manager Gallardo cited the section in the current Code of Conduct which discusses sanctions.
Council approved the amendment to the City Council Code of Conduct related to Council Member requests for meeting agenda items.
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12. |
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Interview Panel for Commission/Committee Recruitment
Mayor Marick designated Councilmmber Hupp and Councilmember Parker to serve on the Interview Panel for the Arts in Public Places Committee; Cultural Arts Commission; Parks, Recreation and Human Services Commission; and the Traffic Committee.
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| REPORT |
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13. |
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Council Member Report
Councilmember Parker expressed concern for the process of interviewing Planning Commissioners.
Discussion ensued around location for the interviews, televising of the interviews, logistics, and control factors having to do with the fairness of the process. Council agreed to let the Mayor and Mayor Pro Tem take this input and decide what is best.
Mayor Marick adjourned the Study Session at 6:54 p.m. |
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GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Marick called the General Session to order at 7:04 p.m., all members were present. |
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14. |
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Pledge of Allegiance
Fullerton Cadet Honor Guard led the Pledge of Allegiance. |
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15. |
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Invocation
John Reeve, The Cause Church, delivered the invocation. |
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16. |
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Presentation: Visiting Students from Brea Sister City - Anseong, Korea
Mayor Marick invited the students from Brea's Sister City, Anseong, Korea, to receive a Commendation commemorating their visit to Brea. A video from the Mayor of Anseong was displayed. |
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17. |
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Presentations: Visiting Students from Brea Sister City - Hanno, Japan
Mayor Marick invited the students from Brea's Sister City, Hanno, Japan, to receive a Commendation commemorating their visit to Brea. |
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18. |
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Report - Prior Study Session
City Manager Gallardo provided the Study Session report. |
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19. |
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Community Announcements
Councilmember Hupp announced that the City of Brea is updating its ADA Transition Plan in order to reach ADA compliance throughout the city over the next 25 years. She encouraged the community to let the City know what they think by taking a survey available online at CityofBrea.net by January 31. She noted that paper forms are also available at the Brea Senior Center, Brea Community Center, and the Brea Civic & Cultural Center. She also announced that a community meeting will be held on the topic on Thursday, February 28.
Councilmember Parker invited the community to the official swearing-in ceremony for new Brea/ Fullerton Fire Chief Adam Loeser. He announced that the ceremony will be held on January 22, beginning at 10 a.m. at EvFree Chapel in Fullerton. The ceremony will be immediately followed by refreshments. Visit CityofBrea.net for more info.
Mayor Pro Tem Simonoff announced the Brea Bridal Show on January 26 from 11 a.m. – 3 p.m. at the Brea Community Center. He noted that attendees can shop and compare among a variety of vendors including caterers, reception sites, invitations, photographers and much more. This is a great event to get ideas for your upcoming wedding, reception, or special event. Visit BreaBridalShow.com for more details.
Councilmember Vargas announced that the Brea Fitness Center's membership sale ends January 31st and residents from all cities are welcome to join. Fitness membership includes unlimited group exercise classes, access to the cardio weight room and two full court gyms. Call 714-990-7101 for more information. |
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20. |
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Matters from the Audience
Lori Starkey spoke about the street sweeping program, parking enforcement revenue, and provided handouts to the Council for the record.
Judy Chappell spoke about affordable housing, SB 35, expansion of affordable housing, and the City's housing plan.
Glenda Hansen expressed concern for Heritage Plaza Senior Apartment residents and rent increases.
Dwight Manley spoke about affordable housing, street sweeping enforcement, and the CalPERS unfunded pension. |
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21. |
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Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo responded to public inquiries. |
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| 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." |
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22. |
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Site Drive Engineering and Traffic Survey Adopt Ordinance 1207
City Attorney Boga provided the second reading of the Ordnance by full title.
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Motion was made by Mayor Pro Tem Simonoff, seconded by Council Member Hupp to adopt Ordinance No. 1207, an Ordinance of the City Council of the Cty of Brea amending section 10.32.110 of the Brea City Code regarding prima facie speed limits upon Site Drive.
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AYES:
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Mayor Marick, Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Parker, Council Member Vargas
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Passed
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23. |
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Consideration to initiate the review process for an amendment to change the boundaries of the Zoning Map from Industrial Commercial (CM) to Planned Community (PC) for property located at the southeast corner of Mercury Lane and Berry Street. Applicant: Manley-Fanticola, LLC.
Community Development Director Crabtree presented the details of the report including background, PC Zone code update, initiation of review process, proposed location, current zoning, and proposed project overview.
Mayor Marick inquired about the workforce housing designation, current zoning, sound mitigation, accessibility, parking, and community benefits.
Councilmember Hupp inquired about connectivity plans, workforce housing, and intended design.
Councilmember Parker inquired about possible implication for adjoining properties, and other possibilities for housing development in adjacent areas.
Mayor Pro Tem Simonoff expressed concern about parking and inquired about outreach to promote workforce living to surrounding businesses.
Councilmemer Vargas inquired about the process for PC zones with regards to specific projects.
Community Development Director Crabtree noted that the code does not address the unique nature of this proposal, thus initiating the PC zone process.
Council provided direction to staff to initiate the review process to consider an amendment to the boundaries of the zoning map to Planned Community for the subject site and additionally provided staff its early input regarding information it will need to consider within future project consideration.
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24. |
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Urgency Ordinance for the Permitting Process for Small Cell Site Facilities
City Engineer/Deputy Public Works Director Michael Ho presented the details of the staff report including FCC standards for small wireless facilities, benefits of 5G speeds, 4G to 5G infrastructure, unacceptable installation examples, and small wireless permit design examples.
City Attorney Boga addressed a letter received in response to this agenda item.
Mayor Pro Tem Simonoff inquired as to design of units in certain areas which contain decorative poles and the improvement of cell service.
City Engineer/Deputy Public Works Director Michael Ho indicated the ordinance and approval process will mitigate potential issues related to design in order to preserve the existing aesthetics of the poles.
Councilmember Vargas spoke about issues with cell sites and displayed photos for size comparison.
City Attorney Boga read the full title of the ordinance.
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Motion was made by Council Member Hupp, seconded by Council Member Vargas to adopt Urgency Ordinance No. 1208, an Urgency Ordinance of the City Council of the City of Brea establishing regulations applicable to the location and installation of small wireless facilities in public rights of way, amending title 12 of the Brea City Code, and declaring the urgency thereof.
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AYES:
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Mayor Marick, Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Parker, Council Member Vargas
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Passed
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25. |
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Street Sweeping Enforcement
Public Works Director Olmos presented the details of the staff report including background of the street sweeping program, the new street sweeping program, street sweeping parking exemptions, and prior community feedback.
Captain John Burks spoke about the history of the enforcement program and parking violations areas of concerns.
Mayor Marick inquired about start date, frequency for unique situations such as Canyon Country, and signage.
Councilmember Hupp spoke about signage and suspending enforcement for a trail period of a year.
Discussion ensued regarding signage requirements.
Councilmember Vargas inquired about projections from parking enforcement revenues, surcharges paid, and the cleanliness of streets without enforcement.
Mayor Pro Tem Simonoff inquired as to the process for unpaid citations and expressed support for suspending enforcement for a trial period of year.
Councilmember Parker requested clarification of the proposed street sweeping schedule and public notification. He also expressed concern for achieving the goal of keeping streets clean if the enforcement program is suspended.
Mayor Marick noted that if too many variables are changed at the same time, being able to measure the effectiveness of the suspended program over the course of the year will prove to be difficult.
Councilmember Hupp suggested the residents be asked to voluntarily comply with street sweeping via the proposed public information campaign.
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Motion was made by Mayor Pro Tem Simonoff, seconded by Council Member Hupp to suspend street sweeping enforcement for a period of one (1) year.
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AYES:
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Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Vargas
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NOES:
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Mayor Marick, Council Member Parker
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Passed
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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."
CITY COUNCIL - CONSENT |
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26. |
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December 18, 2018 City Council Regular Meeting Minutes
The City Council approved the December 18, 2018 City Council Regular Meeting Minutes.
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27. |
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Sewer License and Maintenance Agreement with Orange County Sanitation District for Dosing Station Location at 835 S. Brea Boulevard
The City Council approved the Sewer License and Maintenance Agreement wth Orange County Sanitation District.
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28. |
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Annual Maintenance Assessment in Landscape and Lighting Maintenance Districts 1 Through 7
The City Council adopted Resolution Numbers 2019-001 through 2019-007 authorizing the Director of Public Works to prepare and file reports relating to annual maintenance assessments in Landscape and Lighting Maintenance Districts 1 through 7.
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29. |
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Accept Final Parcel Map No. 2017-158 for Commercial Condominium Purposes for 1800 E. Lambert Road
The City Council accepted Final Parcel Map No. 2017-158.
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30. |
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Change Order to the Purchase Order with Ledgent Finance & Accounting for Additional Temporary Staffing Services
The City Council authorized the Purchasing Agent to issue a change order to the purchase order #218259 with Ledgent Finance & Accounting increasing the amount from $49,999.51 to $100,000.00.
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31. |
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Purchase of the Telephone and Voicemail System
The City Council approved the agreement with IntelesysOne to furnish and install a Mitel telephone and voicemail system in an amount of $313,005.36; and authorized the Purchasing Agent to execute renewal of support services agreements for the life of the telephone and voicemail system.
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32. |
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Purchasing Policy Limits Update for Public Works Projects
The City Council adopted Resolution No. 2019-008 updating the Purchasing Policy Limits for the City’s Purchasing System specific to Public Works projects as provided by Assembly Bill 2249.
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33. |
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Monthly Report of Investments for the City of Brea for Period Ending October 31, 2018
Received and filed.
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34. |
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Monthly Report of Investments for the City of Brea for Period Ending November 30, 2018
Received and filed.
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35. |
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December 21 & 24, 2018 and January 4 & 11, 2019 City Check Registers
Received and filed.
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Motion was made by Council Member Parker, seconded by Mayor Pro Tem Simonoff to approve City Council Consent Items 26 -35.
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AYES:
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Mayor Marick, Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Parker, Council Member Vargas
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Passed
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| CITY/ SUCCESSOR AGENCY - CONSENT |
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36. |
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Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending October 31, 2018
Received and filed.
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37. |
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Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending November 30, 2018
Received and filed.
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38. |
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December 21, 2018 Successor Agency Check Register
Received and filed.
Councilmember Vargas spoke about a line item on the December 21, 2018 Successor Agency Check Register in the amount of $254 for affordable housing and a $508 allotment for Heritage Plaza Senior Apartments.
Discussion ensued regarding senior and affordable housing projects; and the dissolution of redevelopment.
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Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Simonoff to approve City/Successor Agency Council Consent Items 36 -38.
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AYES:
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Mayor Marick, Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Parker, Council Member Vargas
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Passed
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Motion was made by Council Member Hupp, seconded by Mayor Pro Tem Simonoff to approve City/Successor Agency Consent calendar items 36 - 38.
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AYES:
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Mayor Marick, Mayor Pro Tem Simonoff, Council Member Hupp, Council Member Parker, Council Member Vargas
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Passed
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| ADMINISTRATIVE ANNOUNCEMENTS |
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39. |
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City Manager
None. |
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40. |
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City Attorney
None. |
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| COUNCIL ANNOUNCEMENTS |
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ADJOURNMENT
Mayor Marick adjourned the meeting at 9:39 p.m. |