November 15, 2022 City Council Regular Meeting
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GENERAL SESSION 7:00 p.m. - Council Chamber Plaza Level CALL TO ORDER/ ROLL CALL - COUNCIL » - 9. Pledge of Allegiance: Girl Scout Troops 6002 and 8108 10. Invocation: Pastor Steve Chang, Living Hope Community Church
GENERAL SESSION 7:00 p.m. - Council Chamber Plaza Level CALL TO ORDER/ ROLL CALL - COUNCIL »
9. Pledge of Allegiance: Girl Scout Troops 6002 and 8108 10. Invocation: Pastor Steve Chang, Living Hope Community Church
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11. Proclamations: Family Court Awareness Month
11. Proclamations: Family Court Awareness Month
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12. Presentation: 2022 Legislative Session Recap
12. Presentation: 2022 Legislative Session Recap
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13. Report - Prior Study Session
13. Report - Prior Study Session
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15. Matters from the Audience (Part 1 of 2)
15. Matters from the Audience (Part 1 of 2)
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14. Community Announcements
14. Community Announcements
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15. Matters from the Audience (Part 2 of 2)
15. Matters from the Audience (Part 2 of 2)
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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.
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.
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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.
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.
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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).
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).
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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 6th 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.
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 6th 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.
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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.
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.
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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 » - 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. 28. Adoption of a new job description and salary table for the position of Building Official and amending the position allocation list for FY 2022/23 to reflect the changes, and placing the new classification in the Administrative and Professional Employees’ Association Bargaining Unit for representation purposes - Approve Resolution No. 2022-072 1) adopting a new job description and salary table for the classification of Building Official; 2) placing the new classification in the Administrative and Professional Employees’ Association (APEA) bargaining unit for representation purposes; and 3) amending the Position Allocation List to include this position in the Community Development Department Administrative Division. One-time and ongoing operating costs for this position are already budgeted within the Building and Safety Division’s operating budget for FY 2022-23. 29. City Manager Employment Agreement Amendment No.2 - Adopt Resolution No. 2022-073 approving amendment No.2 to the City Manager's Employment Agreement. The fiscal impact in FY 2022-23 is $19,676, and the fiscal impact in FY 2023-24 is $12,114. The current budget projected a base salary increase of 3%; therefore these costs have been included and will be factored into the current and future City Budgets. 30. Approval of the Executive compensation plan as amended - Adopt Resolution No. 2022-074 approving the Executive Compensation Plan salaries and benefit policy. The net financial impact is $162,438 to the General Fund and $20,784 to the Non-General Fund for a total of $183,222. There is no fiscal impact to the adopted budget for FY 2022-23 due to built in budget projections. However, on-going costs related to this adjustment will be programmed in the FY 2023-24 budget projections as applicable. There are sufficient funds in revenues over expenditures projected to cover these costs. 31. November 4 and 10, 2022 City Disbursement Registers - Receive and file.
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.
28. Adoption of a new job description and salary table for the position of Building Official and amending the position allocation list for FY 2022/23 to reflect the changes, and placing the new classification in the Administrative and Professional Employees’ Association Bargaining Unit for representation purposes - Approve Resolution No. 2022-072 1) adopting a new job description and salary table for the classification of Building Official; 2) placing the new classification in the Administrative and Professional Employees’ Association (APEA) bargaining unit for representation purposes; and 3) amending the Position Allocation List to include this position in the Community Development Department Administrative Division. One-time and ongoing operating costs for this position are already budgeted within the Building and Safety Division’s operating budget for FY 2022-23.
29. City Manager Employment Agreement Amendment No.2 - Adopt Resolution No. 2022-073 approving amendment No.2 to the City Manager's Employment Agreement. The fiscal impact in FY 2022-23 is $19,676, and the fiscal impact in FY 2023-24 is $12,114. The current budget projected a base salary increase of 3%; therefore these costs have been included and will be factored into the current and future City Budgets.
30. Approval of the Executive compensation plan as amended - Adopt Resolution No. 2022-074 approving the Executive Compensation Plan salaries and benefit policy. The net financial impact is $162,438 to the General Fund and $20,784 to the Non-General Fund for a total of $183,222. There is no fiscal impact to the adopted budget for FY 2022-23 due to built in budget projections. However, on-going costs related to this adjustment will be programmed in the FY 2023-24 budget projections as applicable. There are sufficient funds in revenues over expenditures projected to cover these costs.
31. November 4 and 10, 2022 City Disbursement Registers - Receive and file.
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BREA ARTS CORPORATION - CONSENT » - 32. Brea Arts Corporation Annual Report for Fiscal Year 2021-22 - Receive and file.
BREA ARTS CORPORATION - CONSENT »
32. Brea Arts Corporation Annual Report for Fiscal Year 2021-22 - Receive and file. »
33. City Manager
33. City Manager
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COUNCIL ANNOUNCEMENTS » - ADJOURNMENT
COUNCIL ANNOUNCEMENTS »
ADJOURNMENT