Agenda

STUDY SESSION

5:00 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Study Session to order at 5:00 p.m., all members were present.

1.

Public Comment
Tom Donini spoke regarding agenda item number 17 (discussion of short term rental units in residential zones) and requested the Council review facts prior to acting on the item.

2.

Clarify Regular Meeting Topics
Mayor Parker indicated a request to pull agenda item number 25 (approval of an agreement memorializing Class A stock purchases and overview of City equity ownership of California Domestic Water Company). With Council concurrence, the item will be pulled from the Consent Calendar for separate discussion.

Council Member Vargas explained why he requested to pull the Countywide Public Financing Authority item at the previous City Council meeting.

DISCUSSION ITEMS

3.

Appropriate Place to Agendize a Discussion of SB54 Litigation or SB54

Motion was made by Council Member Simonoff, seconded by Council Member Hupp to move the discussion of options regarding SB54 to the next regularly scheduled City Council meeting.

AYES:	Mayor Parker, Mayor Pro Tem Marick, Council Member Hupp, Council Member Simonoff, Council Member Vargas
Passed

4.

Fixed Asset Replacement Program Reserve Study (FARP)
Public Works Director Tony Olmos presented the details of the item including background, FARP reserve study methodology, needs analysis, Facility Condition Assessment (FCA), assessment methodology, Facility Condition Index (FCI), FCI results, FCA funding needs, FCA needs summary, equipment needs, equipment need summary, discretionary CIP, discretionary CIP need summary, total needs over the next 25 years, available funding, proposed FARP funding approach, FARP fund balance allocation, FARP annual allocation distribution, proposed reserve levels and proposed funding option.

Council inquired as to the methodology for equipment and discretionary CIP assumptions over the next 25 years, setting up another reserve fund, reallocating FARP funds to OPEB, remaining life span for each facility and subtotals of each category for the next 20 years.

REPORT

5.

Council Member Report
Council Member Simonoff clarified reasons for his previous motion related to discussion item number 3, appropriate place to agendize a discussion of SB54 litigation or SB54.

CLOSED SESSION

6:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Closed Session to order at 6:15 p.m., all members were present.

Present:

Parker, Marick, Hupp, Simonoff, Vargas

6.

Public Comment
None.

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.

7.

Conference with Legal Counsel Pursuant to Government Code Section 54956(d)(2) Regarding Significant Exposure to Litigation - 1 Potential Case. Facts and Circumstances: City Treasurer Retention of Independent Legal Counsel.

8.

Conference with Legal Counsel - Existing Litigation pursuant to Government Code §54956.9(d)(1) - City of Santa Ana v. City of Brea - Case No. SA CV 18-0155-DOC

9.

Conference with City's Labor Negotiator Pursuant to Government Code Section §54957.6 Regarding the Brea Police Association (BPA) and the Brea Police Management Association (BPMA) - Mario E. Maldonado and Chris Emeterio, Negotiators

10.

Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Fire Management Association (BFMA), Brea Fire Association (BFA) - Mario Maldonado and Chris Emeterio, Negotiators

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Parker called the General Session meeting to order at 7:07 p.m., all members were present.

11.

Pledge of Allegiance:
Girl Scout Troop 6000 led the Pledge of Allegiance.

12.

Invocation:
Davis Hill, Fire House of Prayer, delivered the Invocation.

13.

Report - Prior Study Session
Assistant City Manager Chris Emeterio provided the Study Session report.

14.

Community Announcements
Council Member Simonoff announced that there are still tickets available for James Garner’s Tribute to Johnny Cash Live at the Curtis Theatre May 19 and 20, noting that music fans will love this striking rendition of the Man in Black. Council Member Simonoff also announced that tickets are available for two upcoming Latin jazz concerts: “Jose Rizo in Jazz on the Latin Side All Stars” on June 9 and Louie Cruz Beltran on August 11, noting that last season’s Jazz concerts sold out quickly. Tickets may be purchased at CurtisTheatre.com.

Council Member Hupp recognized Peace Officers Memorial Day—a time to honor peace officers who gave their lives to protect ours. President Kennedy established this day of tribute on May 15, 1962 and it has been observed in our country annually ever since. In Brea, we remember Officer Danny Valenzuela and Detective Terry Finch, who both died in the line of duty over 20 years ago. On this day, and every day, it is fitting to recognize those peace officers, and to thank all law enforcement officers for their dedication and service to our communities.

Mayor Pro Tem Marick announced that the Tracks at Brea trail is now officially open. Some 100 people celebrated the official grand opening May 5. All the segments are entirely open for the community to use. What was once a railroad and train depot, has been transformed into a 50-acre linear park. Brea residents can enjoy four miles of walking and bike paths connecting the west side of Brea to the east side, and beyond. In fact, the City is already looking into the potential of a Western extension of the trail. Mayor Pro Tem Marick encouraged the community to attend an informational meeting on this topic Thursday, May 31 at 6:00 p.m. here at the Brea Civic Center in Community Room A, Level 2.

15.

Matters from the Audience
Don Parker spoke regarding placement of agenda items, spoke regarding agenda item number 25 (approval of agreement memorializing Class A stock purchases and overview of city equity ownership of California Domestic Water Company), city audits, city contracting procedures and closed session item number 7 (conference with legal counsel regarding City Treasurer of independent legal counsel).

Phillip Orland spoke regarding agenda item number 17 (short-term rentals in residential zones). He encouraged the Council to restrict short-term rentals in residential zones, and inquired on the enforcement of any potential regulations.

Ron Chewtich spoke regarding rat traps in the city, taking a stance on sanctuary city issue and the crime rates in the City.

Paul Holman spoke regarding agenda item number 17 (short-term rentals in residential zones). He spoke to personal experiences renting out properties via short-term vacation rentals.

Albert Lopez spoke regarding agenda item number 17 (short-term rentals in residential zones). He stated he resides next to a vacation rental and expressed concern for the appearance of the property, parking, driveway striping, excessive bedrooms on the property and loitering guests.

Monique Allard spoke regarding agenda item number 17 (short-term rentals in residential zones). She opined that vacation rentals place additional strain on public resources, change the makeup on the community and create additional groups of people in the neighborhood. She also stated that there are constant noise disturbances.

Dwight Manley spoke regarding agenda item number 17 (short-term rentals in residential zones). He suggested the Council place certain limits and restrictions on short-term rentals. He also spoke regarding item number 25 (approval of agreement memorializing Class A stock purchases and overview of city equity ownership of California Domestic Water Company), and suggested the City defer discussion on the item.

Sean Thomas spoke regarding agenda item number 17 (short-term rentals in residential zones), and noted several cities allow short-term rentals with certain regulations. Thomas also spoke regarding the upcoming state-wide primary election and encouraged the community to vote on June 5th.

Tina Warren spoke regarding agenda item number 17 (short-term rentals in residential zones), and spoke to personal experience renting out properties via short-term rental and noted specific regulations the property owner places to the individuals renting the property.

Jennifer Wulsestieg, Brea Downtown Owners Association, invited the community to the Brea Bonanza Days celebration May 18-20.

Mike Messina spoke regarding agenda item number 17 (short-term rentals in residential zones), and expressed concern for multiple vehicles in the area, lack of knowledge of local laws, property maintenance and public safety issues.

Keith Fullington spoke regarding SB54 and the state-wide primary election in June.

Bill Hall invited the community to the Brea Bonanza Days celebration and the Brea Canyon High School Police and Fire Games. Hall also spoke regarding agenda item number 25 (approval of agreement memorializing Class A stock purchases and overview of city equity ownership of California Domestic Water Company) and encouraged the Council to be fiscally responsible.

Heidi Gallegos, Brea Chamber of Commerce, spoke regarding agenda item number 17 (short-term rentals in residential zones), and stated the Chamber has not taken a formal stance, however requested the Council place reasonable regulations on short-term rentals. She also announced the Chamber’s restaurant loyalty program and invited the community to the Taste of Brea on May 24th.

Tom Donini spoke regarding agenda item number 17 (short-term rentals in residential zones), and suggested the Council look at both non-owner occupied and owner-occupied short-term dwelling units.

16.

Response to Public Inquiries - Mayor / City Manager
In response to comments regarding Public Safety, Council Member Simonoff noted the recently adopted resolution supporting the California Police Chief’s Association’s initiative known as the “Keep California Safe Act of 2018.”

In response to comments regarding Public Safety, Council Member Vargas noted that the Council is very familiar with and aware of the crime statistics in the City of Brea.

ADMINISTRATIVE ITEMS

17.

Discussion of Short Term Rental units in residential zones
City Planner Lilley presented the details of the staff report, including: the lack of clarity in the City’s municipal code regarding the issues, the approximate number of short-term rental properties in the City, the average number of complaints they have received, other cities in the County which allow short-term rentals, a state-wide survey of cities and recommended the Council clarify the language of the municipal code to maintain current practice of prohibiting short-term rentals.

Council noted complaints received from several residents, properties currently listed on short-term vacation rental websites, potential traffic impact and conversion of garages to extra bedrooms.

Mayor Pro Tem Marick inquired on current enforcement practices and future enforcement should restrictions be placed on this type of use.

City Planner Lilley noted that as a result of the lack of clarity in the code for short-term rentals, it is difficult to enforce any violations on land use, however they can enforce on noise and nuisance complaints. Lilley also noted that the City would in the future, should restrictions be placed on these types of uses, be enforcing reactively instead of proactively, meaning the City would only enforce on complaints received and not comb websites for any rentals appearing in the City.

Community Development Director Crabree noted that with Council consensus, a full report will be presented to the Planning Commission for consideration, then to the City Council for decision.

Council directed staff to bring back options related to clarifying language in the municipal code as it relates to short-term rental units in residential zones.

18.

Discussion of the Proposed Fiscal Year 2018-19 Operating and Seven-Year Capital Improvement Program Budgets
Assistant City Manager Chris Emeterio introduced the item and provided a brief background on the subject.

Administrative Services Director Cindy Russell presented the discussion of the proposed fiscal year 2018-19 operating budget, including the budget process, 2018-19 City Council's top priorities, economic outlook, general fund revenues, general fund expenditures, budget assumptions, five year projections, current budget inclusions, new and different items in the budget, future action plans, other considerations, user fees, paramedic services fund, 2018-19 decision packages and successor agency budget.

In response to Council inquiries, Revenue and Budget Manager Faith Madrazo spoke regarding meter re-reads, applicant fees and research assistant fees; Police Captain John Burks explained the alarm permitting process and associated fees; and Police Chief Jack Conklin spoke regarding police audio and video recorders.

City Engineer Steve Kooyman presented details of the proposed Seven-Year Capital Improvement Program Budget including CIP goals, CIP categories, significant projects completed, significant projects going into construction, significant projects currently under construction, new projects for fiscal year 2018-19 and fiscal year 2018-19 summary of expenditures by fund.

Council Member Hupp inquired about security lighting for the Tracks at Brea.

CONSENT CALENDAR

CITY COUNCIL - CONSENT
Mayor Parker, with Council concurrence, deferred the hearing on agenda item number 25, the approval of agreement memorializing Class A stock purchases and overview of City equity ownership of California Domestic Water Company, to a later meeting.

19.

May 1, 2018 City Council Regular Meeting Minutes
The City Council approved the May 1, 2018 City Council regular meeting minutes.

20.

Final Parcel Map 2016-175 and Public Sidewalk Easement for property located on 404 N. Berry Street, 424, 428, 430 & 436 N. Berry Way
The City Council accepted Final Parcel Map and accepted the Public Sidewalk Easement.

21.

Amendment to Professional Services Agreement with Fuscoe Engineering, Inc. for Support Services Related to Compliance with Water Quality Regulations
The City Council approved and executed Amendment to Professional Services Agreement in the amount of $35,500 and authorize the City Manager to approve an additional year in an amount not-to-exceed $35,500.

22.

Final Parcel Map 2017-131, Subdivision Agreement and Bonds for property located at 390 N. Brea Blvd.
The City Council accepted Final Parcel Map 2017-131 and approved Subdivision Agreement and Bonds.

23.

Countywide Public Financing Authority
The City Council adopted Resolution No. 2018-027, approving the dissolution of the Countywide Public Financing Authority.

24.

Adoption of a new job description for the classification of Firefighter Trainee
The City Council approved Resolution No. 2018-028: 1) Adopting a new job description and salary table for the classification of Firefighter Trainee; 2) Establishing that this classification will have its salary and benefits contained within the Part-Time Resolution; and 3) Amending the existing classification plan for city employees.

25.

Approval of Agreement Memorializing Class A Stock Purchases and Overview of City Equity Ownership of California Domestic Water Company
This item was deferred to a meeting of a later date.

26.

March 2018 Outgoing Payment Log and May 4 and 11, 2018 City Check Registers
Receive and file.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve Consent Calendar Items 19-26, except Item 25.

AYES:	Mayor Parker, Mayor Pro Tem Marick, Council Member Hupp, Council Member Simonoff, Council Member Vargas
Passed

ADMINISTRATIVE ANNOUNCEMENTS

27.

City Manager
None.

28.

City Attorney
None.

COUNCIL ANNOUNCEMENTS
Council Member Vargas requested to also adjourn the meeting in honor of Brea resident, Jeff Gurzie.

Council Member Hupp commented on the success of the Tracks at Brea.

Mayor Parker invited the community to the St. Angela Merici summer fest on June 1st.

ADJOURNMENT
Mayor Parker adjourned the General Session at 9:46 p.m. in memory of Brea resident and patriot, Phil Painchaud.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES May 15, 2018