Agenda

CLOSED SESSION

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

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

Present:

Parker, Marick, Hupp, Simonoff, Vargas

1.

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.

2.

Conference with City's Labor Negotiator Pursuant to Government Code Section §54957.6
Regarding the Brea City Employees' Association (BCEA) - Mario E. Maldonado, Negotiator

3.

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

4.

Conference with City's Labor Negotiator Pursuant to Government Code §54957.6
Regarding the Brea Management Association (Non-Safety) - Cindy Russell, Negotiator

5.

Conference with Legal Counsel - Anticipated litigation pursuant to Government Code §54956.9 One Case - South Brea Lofts - Community Development Director Crabtree

6.

Conference with Real Property Negotiator Pursuant to Government Code Section § 54956. 8
Addresses: Birch Hills Golf Course Clubhouse, 1140 East Birch Street, Brea, CA.
Negotiators: Tony Olmos, City of Brea
Under Negotiation: Price and Terms of Payment

7.

Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section §54956.9 One Case - Lagos De Moreno Park/Laurel Elementary Magnet School - Pubic Works Director, Tony Olmos

8.

Conference with Real Property Negotiator Pursuant to Government Code § 54956. 8
Addresses: APNS 312-031-03, 315-091-05, 315-091-09, 315-091-11, 315-091-12 and 315-091-14
Negotiators: David Crabtree and Bill Gallardo, City of Brea; Property Owners: Oslic Holdings, LLC
Under Negotiation: Price and Terms of Payment

Mayor Parker adjourned the Closed Session at 6:34 p.m.

STUDY SESSION

6:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Study Session to order at 6:39 p.m., all members were present.

9.

Public Comment
None.

10.

Clarify Regular Meeting Topics

Regarding Item 21 (Public Hearing for the Establishment and Adjustment of Development Related User-Fees), Council Member Hupp expressed concern that staff is proposing to increase fees to cover the unfunded pension liability. Council Member Simonoff expressed concern about Option 1 and how it relates to staff and Council cost recovery.

Regarding Item 13 (Investment Advisory Committee Annual Update), Mayor Pro Tem Marick stated that there were questions regarding the Investment Policy Guidelines and suggested that Council approve the item and bring back amendments for consideration at a later date.

Council Member Vargas believed that hosting eight (8) electrical vehicle spots in the Brea Super Block 1 Parking Structure is a gift of public funds.

Regarding Item 23 (July 17, 2018 City Council Regular Meeting Minutes), Council Member Hupp asked City Clerk Harris-Neal to amend the minutes to reflect that during discussion of item 24 (Mandatory Commercial Organics Recycling Program - AB 1826), she inquired about Republic's anticipated income in different pricing models.

DISCUSSION ITEM

11.

Landscape Improvements at various locations including the Senior Center, Sports Park and Civic Center

Maintenance Services Superintendent Bowlus presented a PowerPoint that included: projects going into construction, photos, a conceptual landscape plan, rebate estimates, projects in design phase and upcoming projects.

In response to Council questions, staff stated rain will not damage the plant material; clarified that rebates will be approximately $100,000; noted that there will be water savings; explained that the improvement are not a part of the Parks Master Plan; and confirmed that staff is working on a RFP for design plans to resurface the dog park.

REPORT

12.

Council Member Report
None.

Mayor Parker adjourned the Study Session at 6:55 p.m.

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

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Parker called the General Session to order at 7:04 p.m., all Council members were present.

13.

Pledge of Allegiance:
Girl Scout Troop 5002 led the Pledge of Allegiance.

14.

Invocation:
Chris Li, Living Hope Community Church delivered the Invocation.

15.

Report - Prior Study Session
City Manager Gallardo provided the Prior Study Session report.

16.

Community Announcements

Mayor Parker announced that the record breaking heat and recent wildfires may increase chance encounters with wildlife. In hot weather, many animals, particularly rattlesnakes, try to escape the heat in search for water. Most native snakes aren’t usually aggressive unless provoked or threatened. To report a snake on your property, contact the OC An-imal Control at (714)-935-6848.

Council Member Hupp announced that there’s still time to have a Brea War Memorial walk of honor paver installed and dedicated in time for Veterans Day. Pavers are available to order all year round, but must be ordered by Au-gust 31 for it to be unveiled during our annual Veterans Day cere-mony on November 12. Visit BreaWarMemorial.com for more in-formation.

Mayor Pro Tem Marick announced that the Brea Police Department has launched its ‘Community Video Partner’ program. In event of a crime, video footage from your security cameras can provide Brea PD with valuable, crime-saving information. All camera locations are kept in a secure database. Become a Community Video Partner today at BreaPolice.net.

17.

Matters from the Audience

John Bickel expressed concern about the deterioration of the Birch Hills Golf Course and discussed the Brown Act.

Caroline Demassi invited residents to attend the Cystic Fibrosis benefit concert at Birch Hills Golf Course on Saturday, August 25, 2018 from 6:00 p.m. - 9:00 p.m.

Sean Thomas commended City of Brea staff on the success of Brea Fest, discussed City pine tree trimming, and expressed support for the City of Brea Art Gallery.

Keri Kropke thanked Council for the recreation programs.

Ron Czechovich discussed Senate Bill 54 and recent car break-ins.

Keith Fullington suggested that the concerts in the park be extended throughout the month of August, discussed the opening of the Lagos de Moreno Park/Laurel Elementary Magnet School, and expressed concern about traffic in the City.

Judy Chapelle asked Council to consider an Ordinance that will provide public utility assistance to seniors.

Dwight Manley discussed Birch Hills Golf Course, stated that government shouldn't run private businesses, and expressed concern with City negotiating abilities.

Linda Hansen, Linda Silva and Irene Duncan expressed concern regarding the rent increase at Heritage Plaza Senior Apartments and urged Council to approve an Ordinance that will assist senior residents with utility expense assistance.

Residents from South Brea Lofts expressed concern about their garage assigments.

18.

Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo, Police Chief Conklin, City Attorney Markman, Assistant City Manager/Community Services Director Emeterio and Community Development Director Crabtree respond to public inquiries.

ADMINISTRATIVE ITEM - 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."

19.

Investment Advisory Committee Annual Update
Administrative Services Director Russell, Bill Dennehy - Chandler Asset Management, Jennifer Mayza - Public Agency Retirement System (PARS), and Keith Stribling - Highmark Capital, presented a PowerPoint that included the Committee's background; the investment objective and strategy of Chandler Asset Management; uemployment and inflation information; gross domestic product; bond yields; the City's Portfolio Summary; compliance information; PARS background; and PARS plan objective.

In response to Council Member Vargas' question, Mr. Dennehy explained that CA Goverment Code Section 53601 governs City investment accounts. He stated that the Investment Advisory Committee decides which accounts to invest funds and make recommendations to Council for approval.

PUBLIC HEARINGS - This portion of the meeting is for matters that legally require an opportunity for public input. Audience participation is encouraged and is limited to 5 minutes per speaker.

20.

Proposal to amend definitions related to wireless facilities, prohibit short-term rentals, and amend Title 20 of the City of Brea Zoning Ordinance

Associate Planner, Jessica Magana presented a PowerPoint that include the definition of an omnibus ordinance, the goal of the ordinance, proposed minor and major wireless facility definitions, current code limitations for short term rentals, Orange County short term rental city survey results, the Planning Commission's recommendation, and information about owner occupied short term rentals.

In response to Council questions, staff clarified that an owner occupied rental requires 30 days or more. Staff also explained that the amendment to the wireless facilities definitions allows staff to create a master agreement that will remove the conditional use permit requirement, however, it doesn't take away the City's review and process to regulate design and location.

Mayor Parker opened the Public Hearing.

Judy Johnson, Lydia Arson, Brian Mayarzi, Heidi Gallegos, Ann Forde, Jerry Hunter and Marie Lopez expressed support for the Ordinance amendment citing the issues they've experienced while living next to a short term rental.

Tom Donini expressed concern about the expediency of the amendment, urged Council to find a solution, and asked Council to vote no on the proposed Ordinance amendment.

Debbie Lewis asked Council to seperate owner occupied short term rentals from non owner occupied short term rentals.

Hearing no further testimony, Mayor Parker closed the Public Hearing.

Community Development Director Crabtree stated that the Ordinance may be modified at a later time because the housing industry is constantly evolving.

City Planner Lilley stated that enforcement will be handled on a complaint basis.

Council Member Hupp stated there is a new financing for vacation rentals and noted that home sharing can be re-visited at a later date in a different manner.

Mayor Pro Tem Marick reiterated that the ordinance is making our existing laws comprehendible and stated that there may be other ways of regulating short term rentals at a later time.

Council Member Vargas expressed concern that the cities provided as examples by staff in the report were beach cities.

Mayor Parker stated that the Planning Commission has asked staff to find a way to solve this dilemma, noted that the level of activity of short term rentals under 30 days is far above what residents expected when purchasing their home, and expressed support for the ordinance amendment.

Motion was made by Council Member Simonoff, seconded by Council Member Hupp to Introduce Ordinance No. 1204, an Ordinance of the City Council of the City of Brea adopting Zoning Ordinance Amendment No. ZOA 18-01, amending definitions related to wireless facilities, prohibiting short-term rentals, and amending Title 20 the City of Brea Zoning Ordinance.

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

21.

Public Hearing for the Establishment and Adjustment of Development related User-Fees
Administrative Services Director Russell presented a PowerPoint that included the fee update history; Brea Municipal Code 3.332.020; fee setting matrix; industry trends in cost recovery policy; fee study best management practices; fee update timeline; work to date; continuing the discussion; new permitting system; technology fee summary; examples; how we compare with other cities; full cost recovery; options; and phased implementation - staff recommendation.

Community Development Director Crabtree presented a PowerPoint that included user fee updates and new user fees.

Mayor Parker opened the Public Hearing.

Adam Wood, Building Industry Association (BIA), stated that the technology fee should be streamlined, expressed appreciation of a phased approach, and thanked staff for working toward solutions.

Dwight Manley stated that the City should look within the City at day to day operation before raising taxes, suggested that the fees be re-evaluated with comparison to other cities, and expressed concern that the staff report presented by staff did not properly satisfy Council direction.

Heidi Gallegos read a prepared statement from the Chamber of Commerce.

Bill Hall discussed the price to have a business in the City and encouraged Council to re-evaluate the fee increase.

Hearing no further testimony, Mayor Parker closed the Public Hearing.

Council Member Hupp stated that businesses bring economic benefit and believe that a fee increase is premature because staff doesn't know if the Accela system will save enough to make up the cost of the program. She also stated that fee increases affects the cost of housing.

In response to Mayor Pro Tem Marick's questions, Deputy Community Development Director Linares explained that the new technology (Accela) will result in direct savings to the end user because they save on inspection time, cost of printing, etc.

Mayor Pro Tem Marick expressed support for option 2.

Council Member Vargas expressed concern that the City is asking for an increase in development fee increases but does not pay for its own water usage.

Council Member Simonoff expressed concern that some of the fees do not constitute the cost and noted that he would like to see a comparison as to where we stand with other North Orange County Cities.

In response to Mayor Parker's question, City Manager Gallardo stated that there is almost 7% less employees since 2014.

In response to Mayor Pro Tem Marick's question, staff discussed adjustments made in day to day operation to cut cost without drastically impacting level of service.

In response to Council questions, staff stated that cities calculate fees by identifying all eligible costs to move to 100% cost recovery; the 2003 fees are closer to option 3 which has direct and indirect costs; examples of fees for a particular project are approximate due to factors such as inspection costs; developers often pay additional fees to expedite the permitting process; and people are moving to Brea because of the location, amenities, etc.

Council Member Simonoff stated that he would like staff to get inspection and development fee information from other cities.

Motion was made by Council Member Vargas, seconded by Council Member Simonoff to re-open the Public Hearing and continue the item to September 18, 2018.

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

22.

Public Hearing to Consider Resolution Increasing Existing Fees for Certain City Services
Council agreed with staff recommended fees except for the alarm and Meter Re-Reads & Efficiency Checks. The changes are as follows: alarm fees will stay at its current rate of $25 for residential and decrease from $50 to $25 for commercial. Also the Meter Re-Reads & Efficiency Checks will remain at its current rate of $30.

Motion was made by Council Member Simonoff, seconded by Council Member Hupp Adopt Resolution No. 2018-048, increasing existing fees for certain City services with the following amendments: alarm fees will stay at is current rate of $25 for residential and decrease from $50 to $25 for commercial. Also the Meter Re-Reads & Efficiency Checks will remain at its current rate of $30.

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

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

23.

July 17, 2018 City Council Regular Meeting Minutes
The City Council approved the July 17, 2018 City Council Regular Meeting Minutes.