Agenda

Return

City Council, Successor Agency to
the Brea Redevelopment Agency
and the Brea Arts Corporation Agenda

Tuesday, November 15, 2022

5:30 p.m. - Closed Session
5:45 p.m. - Study Session
7:00 p.m. - General Session

Cecilia Hupp, Mayor

Glenn Parker, Mayor Pro Tem

Christine Marick, Council Member

Steven Vargas, Council Member

Marty Simonoff, Council Member

This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience.

State Law prohibits the City Council from responding to or acting upon matters not listed on this agenda. The Council encourages free expression of all points of view. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL DEVICES. There will be no Zoom/Teleconference for the Study Session meeting. Zoom/Teleconference will be available during General Session only, members of the public must contact City Staff at (714) 990-7756 or email cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on the day of the meeting. All written comments received by 12:00 p.m. on the day of the meeting, will be summarized aloud into the record at the meeting. Upon request, Zoom participants will be provided with a Zoom meeting ID and password and will remain muted during the meeting until recognized at the appropriate time by the Council. The meeting will also be broadcast live at www.cityofbrea.net.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)

Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

CLOSED SESSION

5:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

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.

Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Association (BPA) - Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney

STUDY SESSION

5:45 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

Clarify Regular Meeting Topics

DISCUSSION ITEMS

Purchase Common Stock Shares in California Domestic Water Company

2023 Brea Legislative Platform

Senate Bill 1383 - Proposed Rates Status Update

REPORT

Council Member Report/Requests

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

CALL TO ORDER/ ROLL CALL - COUNCIL

Pledge of Allegiance: Girl Scout Troops 6002 and 8108

10.

Invocation: Pastor Steve Chang, Living Hope Community Church

11.

Proclamations: Family Court Awareness Month

12.

Presentation: 2022 Legislative Session Recap

13.

Report - Prior Study Session

14.

Community Announcements

15.

Matters from the Audience

16.

Response to Public Inquiries - Mayor / City Manager

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.

17.

Proposed Water and Sewer Fees - Adopt the applicable resolutions to maintain the City’s existing four-tier residential water rate structure; update the City’s existing four-tier residential water rate structure to include “Conservation Rates”; adjust fixed meter charges; allow water consumption rate adjustments to align with wholesale water rate increase; and adjust sewer rates. Receive and file the attached Water and Sewer Fee Studies. The water and sewer rates proposed will allow the City to continue to provide safe and reliable water and sewer services to the City of Brea customers while maintaining operating reserves at a minimum of three (3) months of operations and maintaining capital reserves in each fund.

18.

Brea Construction Code Triennial Adoption - Open and conduct a public hearing concerning Ordinance No. 1232; Approval of an exemption under the California Environmental Quality Act (Guidelines, Sec. 15061(b)(3)) and Staff’s filing of a Notice of Exemption, for Ordinance No. 1232; Adopt Ordinance No. 1232 which adopts by reference certain Codes comprising the 2022 California Building Standards Code as set forth in Title 24 of the California Code of Regulations, which include, but are not limited to, the California Building, Plumbing, Electrical, Mechanical, Residential, Fire (adopted by separate ordinance), and Green Building Standards Code (collectively, “Construction Codes”); and, adopt Resolution No. 2022-068, setting forth required findings for amendments to the foregoing Codes based on local climatic, topographical and/or geological conditions.

19.

Brea Fire Code Triennial Adoption - Open and conduct a public hearing concerning Ordinance No. 1233; Approval of an exemption under the California Environmental Quality Act (Guidelines, Sec. 15061(b)(3)) and Staff’s filing of a Notice of Exemption for Ordinance No. 1233; Adopt Ordinance No. 1233 which adopts by reference the 2022 California Fire Code (one of the Codes comprising the 2022 California Building Standards Code as set forth in Title 24 of the California Code of Regulations); and, adopt Resolution No. 2022-069, setting forth required findings for amendments to the foregoing Code based on local climatic, topographical and/or geological conditions. Approval of an exemption under the California Environmental Quality Act (Guidelines, Sec. 15061(b)(3).

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."

20.

General Plan Amendment No. 2021-02 And Zone Change No. 2021-01: To Amend The General Plan Land Use And Zoning Designations Of Three Housing Opportunity Sites And Three Additional Potential Sites Identified In The City’s 6^th Cycle Housing Element, As Part Of The Housing Element Implementation Effort - Staff recommends that the City Council take the following actions: Adopt Resolution No. 2022-066 adopting the addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan and determine that an addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan is the appropriate environmental documentation for the Project under the California Environmental Quality Act (CEQA) and that the addendum adequately analyzed all potential impacts of the Project; Adopt a Resolution No. 2022-067 approving General Plan Amendment No. 2021-02 to amend the General Plan Land Use designations of the six Project sites; Introduce by title only and waive further reading of Ordinance No. 1234 approving Zone Change No. 2021-01 to amend the zoning designations of the six Project sites; and Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.This item is continued from the October 18, 2022 Regular City Council Meeting.

21.

Reserve Fund Transparency Ordinance - Second reading and adoption Ordinance No. 1235 regarding Reserve Fund Transparence and amending the Brea City Code Chapter 2.00 of Title 2 by adding Section 2.00.140.

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

22.

November 1, 2022 City Council Regular Meeting Minutes - Approve.

23.

November 7, 2022 City Council Special Meeting Minutes - Approve.

24.

AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings - Make the following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact the ability of the members of the City’s legislative bodies (including commissions and committees) to meet safely in person. There is no fiscal impact to the General Fund.

25.

Professional Services Agreement (PSA) with Bucknam Infrastructure Group, Inc. for Biennial Pavement Management Plan Update and Inspection - Approve the Agreement with Bucknam Infrastructure Group, Inc. to provide pavement inspection and pavement management plan services in an amount not-to-exceed $31,028.00. A total of $50,000 is budgeted in the Measure M Fund (260-51-5121-4249) for the Pavement Management Plan biennial update. There is no fiscal impact to the General Fund.

26.

Authorize Mayor to Execute Electric Vehicle Charging Station License Agreement with Carbon Solutions Group LLC - Execute License Agreement. CSG will be responsible for reimbursing the City for electricity consumed quarterly at a rate equivalent to the City's commodity cost of electricity. CSG will also pay the City the variable revenue share annually based on the chargers' utilization. Approval of this agreement will result in cost savings to the General Fund for electricity costs.

27.

Authorization to Purchase Common Stock Shares in California Domestic Water Company - Approve the Common Stock Purchase Agreement to purchase 112 shares of California Domestic Water Company (CDWC) Common Stock for $15,250 per share to increase the City's rights to access water and appropriate $1,708,000 from the Water Utility Fund (420) for the purchase of these shares.