Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
The Closed Session was called to order at 5:00 p.m., all Council Members were present except for Council Member Vargas.

Council Member Vargas arrived at 5:15 p.m.

Present:

Hupp, Parker, Marick, 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 54957.6 Regarding the Administrative and Professional Employees' Association (APEA) - Chris Emeterio and Mario Maldonado, Negotiators

3.

Conference with Legal Counsel - Potential Litigation Pursuant to Govt. Code §54956.9 - One Case - McCarthy Building Companies, Inc., for the Brea Superblock I Parking Structure - City Engineer Kooyman

4.

Conference with Legal Counsel – Anticipated Litigation. Significant Exposure to Litigation Pursuant to Govt. Code § 54956.9(d)(2) – 1 potential case. - Facts and Circumstances: Brea Downtown Protest.

STUDY SESSION

6:00 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
The Study Session was called to order at 6:00 p.m., all Council Members were present.

5.

Public Comment
Heidi Gallegos provided the Brea Chamber of Commerce opinion regarding Item 7 (Brea Development Fee Study Report and Results). She hoped that the conversation will include efficiencies in the various departments to mitigate some of the cost and discussed the rate adjustments recommended by staff.

6.

Clarify Regular Meeting Topics
None.

DISCUSSION ITEMS

7.

Brea Development Fee Study Report and Results
Administrative Services Director Russell introduced Stacey Shell, NBS Consultant, and provided the background of the project. Ms. Shell presented a PowerPoint that included: user fee principles and guidance; key issues framing the study; costing methodology and approach; policy setting considerations; and best management practices. She also discussed the ability to compare fees from community to community.

In response to Council questions, Ms. Shell stated that NBS has completed a user fee study for the cities of Fullerton and Anaheim.

Administrative Services Director Russell presented a PowerPoint that included the Brea fee study results, total allowable costs, deposit (cost center) hourly rate results, examples of flat fees, and overnight parking permit fees.

Economic Development Director Crabtree presented a PowerPoint that included information about maintaining service levels, phasing the cost of adjustments, business needs, efficiencies, and technology needs.

In response to Council questions, staff explained how the intake, research and processing times were calculated to obtain the new proposed fees; briefly discussed issuance fees; and stated that deposits for remodels were set too low in the past.

Council asked for specific examples of current fees to better understand why they should be raised and expressed concern regarding the large increase of fees.

Council Member Marick discussed how technology updates should improve efficiency and bring cost down.

Staff will provide a breakdown of costs, Council will provide questions regarding the fee increase to City Manager Gallardo, and the item will be brought back to Council for review at a future meeting.

8.

Police Services User Fees and Orange County Animal Care Fees Update
Administrative Services Director Russell presented a PowerPoint that included police services user fees; OC anmial care - fee study; and options.

In response to Council Member Vargas' question, Administrative Services Director Russell explained that an individual fee study is an option that departments can request. Police Captain Burks stated that the Police Department has always had a separate fee study.

Mayor Hupp suggested that Council wait to see what the County proposes for OC Animal Care services and also directed staff to continue to look at outside options.

Due to the time constraint, Mayor Hupp moved Study Session Item #9 (Council Priorities and Projects Update) to the General Session.

9.

Council Priorities and Projects Update
Due to the time constraint, this item will be heard at the General Session.

REPORTS

10.

Council Member Report
Council Member Vargas expressed disappointment that item #20(Review of Process for Removal of Council Appointed Commissioners), is being heard by Council. He stated that hearing the item is a waste of time.

Mayor Hupp adjourned the Study Session at 6:59 p.m.

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

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the meeting to order at 7:08 p.m., all members were present.

11.

Pledge of Allegiance:
Brea Police Explorer Post 822 led the Pledge of Allegiance.

12.

Invocation:
Pastor Rich Dannenbring, Christ Lutheran delivered the Invocation.

13.

Proclamation:
Mayor Hupp presented a Proclamation to Heidi Gallegos, Brea Chamber of Commerce and Sara Ramos, Liberty Painting and Restoration, proclaiming Saturday, November 25, 2017, as Small Business Saturday in the City of Brea.

14.

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

15.

Community Announcements
Council Member Marick reminded residents that Brea’s Veteran’s Day ceremony is this Saturday, November 11. The annual Veteran’s Day ceremony starts at 10:00 a.m. at the Brea War Memorial in front of the Brea Civic & Cultural Center. She announced that The City of Brea will hosts its 23rd annual Nutcracker Craft Boutique on Friday, November 17, from 9 a.m. – 6 p.m. and Saturday, November 18 from 9 a.m. – 4 p.m. at the Brea Community Center. Admission is $2 and parking is free.
Visit CityofBrea.net for more information.

Council Member Vargas announced that sign-ups are now open for several popular children’s programs at the Brea Community Center. On days when school is out, Kid Care Solutions provides activities for students in grades Kindergarten through sixth. The first is this Friday. The next days are during Thanksgiving week. Spaces fill fast! Also, over the holiday season, there are several special programs available for preschool children. Kids Harvest Time and the Tiny Tots Christmas mini-session keep little ones busy with themed activities while parents are busy. Please call 714-990-7631 with questions.

16.

Matters from the Audience
Sean Thomas expressed satisfaction with the Centennial Gala Event and thanked Orange County Supervisor Shawn Nelson for making sure that the Orange County Human Relations Commissions is under the control of the County of Orange.

Daniel LLuevanos from One Legacy, encouraged residents to become a donor and invited residents to attend to their rose dedication ceremony on December 19th in Pasadena, California. For more information, go to www.donatelife.com

Teri Crow discussed dissatisfaction with the maintenance of the dog park on Santa Fe. She also discussed the crosswalk in Bonterra.

Richard Ide discussed provisions for RV parking.

17.

Response to Public Inquiries
City Manager Gallardo responded to Public Inquiries.

Council Member Marick encouraged residents to attend the dedication ceremony on December 19th in Pasadena, California.

18.

Report Regarding the Carbon Canyon Fire:
Fire Chief Knabe discussed the Carbon Canyon Fire on October 25th stating that the fire consumed approximately 4.5 acres; noted that their three (3) priorities when responding to fire calls are life safety, incident stabilization, and environmental protection; and provided a list of the different agencies that responded to the fire.

Council Priorities and Projects Update
City Manager Gallardo briefly reported on the following project and priorities: Lamber/57 design, facility assessment report, pension reform, central core project, countywide strategic plan for aging, completion of the Tracks at Brea project, water conservation and the downtown parking structure.

Council Member Marick requested that Term Limits and Campaign Finance Reform be added back to the Council Priorities list.

Mayor Pro Tem Parker directed staff to keep the projects and priorities update on the website for residents to see.

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."

19.

2017 Legislative Briefing
Assistant to the City Manager/Human Resources Manager Maldonado and Corey Williams from Townsend Public Affairs (TPA), Inc., provided a PowerPoint that included the 2017 State Legislative Session: by numbers; 2017-18 State Legislative session recap; State Legislative created funding; 2017-18 State Legislative Session; Brea Priority Legislation; pension reform; priority issues; and funding success.

In response to Council questions, Ms. Williams stated that there are three (3) major components to the affordable housing package which are: Senate Bill 2, Senate Bill 3, and Senate Bill 35.

In response to Mayor Hupp's question, Ms. Williams stated that the $75 fees are on real estate transactions excluding residential and commercial sales clarifying that the amount could be more and she explained that Senate Bill 2 will establish a $75 fee on real estate transaction documents beginning on January 1, 2018 which will be assessed on every real estate transaction that is required or permitted by law excluding those transaction recorded in connection with transfer subject to a documentary transfer tax or with the transfer of a residential dwelling to an owner-occupier.

20.

Review of Process for Removal of Council Appointed Commissioners -
City Manager Gallardo provided information about the current process and highlighted options.

Mayor Pro Tem Parker suggested changing the words "should be" to "must be" in the Code of Conduct. Council Member Marick did not favor changing the Municipal Code and believed that Council should look at the process in its entirety. Mayor Hupp suggested changing the Municipal Code by removing the unilateral decision and adding verbiage to the Code of Conduct. Council discussed several options but did not come to a consensus on changes.

Mayor Hupp made a motion to amend the Municipal Code and add verbiage to Code of Conduct. Council Member Vargas seconded the motion.

After further discussion, Council Member Vargas withdrew his motion. The motion failed due to lack of a second.

Council Member Vargas stated that too much time has been wasted on the item and noted that he would like to move forward.

In response to Council questions, City Attorney Markman stated that the Code of Conduct and the Municipal Code has two (2) different removal processes. He also explained that the Code of Conduct lacks information about the process of who would notify the Mayor that there is a commissioner acting inappropriately. Lastly he mentioned that the Code of Conduct was overwritten.

21.

Purchasing System Update
Procurement and Contracts Administrator Groom recommended that Council approve Ordinance 1198 Amending Chapter 3.24 of the Brea City Code for First Reading by Title Only and Waive Further Reading and approve Resolution 2017-067 Designating Purchasing Policy Limits and the Local Vendor Preference Amount for the City’s Purchasing System. He provided the background of the current purchasing system and policy limits. He noted that the purpose of the changes are to modernize and clarify the City's purchasing system to be consistent with the law. He also stated that the purpose of the updates to the policy limits are to improve the efficiency in the City's purchasing system and keep consistent with the amendment to the Uniform Public Construction Cost Accounting Act relative to Public Works projects.

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Parker to Introduce Ordinance No. 1198 amending Chapter 3.24 of the Brea City Code for First Reading by Title Only and Waive Further Reading.

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

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Resolution No. 2017-067 Designating Purchasing Policy Limits and the Local Vendor Preference Amount for the City’s Purchasing System.

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

22.

Ordinance No. 1195 for Transferring and Granting a Pipeline Franchise to Matrix Investment, L.P.
City Attorney Markman Read Ordinance 1195 by Title Only and Waived Further Reading.

Motion was made by Mayor Pro Tem Parker, seconded by Council Member Simonoff to Adopt Ordinance No. 1195 for Transferring and Granting a Pipeline Franchise to Matrix Investment, L.P. for Second Reading by Title Only and Waive Further Reading.

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

23.

Ordinance No. 1196 for Transferring and Granting a Pipeline Franchise to Torrance Pipeline Company, LLC
City Attorney Markman Read Ordinance 1196 by Title Only and Waived Further Reading.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Ordinance No. 1196 for Transferring and Granting a Pipeline Franchise to Torrance Pipeline Company, LLC by Title Only and Waive Further Reading.

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

24.

Public, Education and Governmental (PEG) Programming Access Supporting Fee Reauthorization Ordinance
City Attorney Markman recommended that Council Adopt Ordinance 1199 Reauthorizing and Readopting the City’s Public, Educational, and Governmental Access Support Fee” by Four-Fifths Vote by Title Only and Waive Second Reading. He provided the background and the requirements.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Ordinance No. 1199, Reauthorizing and Readopting a Public, Educational, and Governmental Access Support Fee by Four-Fifths Vote for First Reading by Title Only and Waive Further Reading.

AYES:	Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, 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

25.

October 17, 2017 City Council Regular Meeting Minutes
The City Council Approved the October 17, 2017 City Council Regular Meeting Minutes.

26.

Budget Adjustments to the City Operating and Capital Improvement Program (CIP) Budgets for Fiscal Year 2016-17
The City Council Adopted Resolutions 2017-068 and 2017-069 to Adjust the Fiscal Year 2016-17 City Operating and CIP Budgets.

27.

Encroachment License Agreement with Old Brea, LLC and Southern California Edison (SCE) Easements on City Owned Parking Lot for 180 S. Brea Boulevard
The City Council Approved the Encroachment License Agreement and Grant of Easements to SCE.

28.

Contract with GRFCO, Inc. for Randolph Avenue Sewer Replacement, Project 7621, in the amount of $724,650
The City Council Awarded the Contract to GRFCO, Inc. in the Amount of $724,650 and Authorized the Public Works Director or His Designee to Issue Contract Change Orders Up to a “Not to Exceed” Amount of 15% of the Contract Price $111,093.

29.

Monthly Report of Investments for the City of Brea for Period Ending September 30, 2017
Received and filed.

30.

October 20 & 27 and November 3, 2017 City Check Registers
Received and Filed.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Approve Consent Calendar Items 25-30.

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

CITY/SUCCESSOR AGENCY - CONSENT

31.

Budget Adjustments to the Successor Agency to the Brea Redevelopment Agency Operating Program Budget for Fiscal Year 2016-17
The City/Successor Agency Adopted Resolution SA 2017-12 to Adjust the FY 2016-17 Successor Agency to the Brea Redevelopment Agency Operating Budget.

32.

Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending September 30, 2017
Received and Filed.

33.

October 27, 2017 Successor Agency Check Register
Received and Filed.

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Parker to Approve the City/Successor Agency Consent Calendar Items 31-33.

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

ADMINISTRATIVE ANNOUNCEMENTS

34.

City Manager
None.

35.

City Attorney
Regarding Closed Session Item #3 ( McCarthy Building Companies, Inc., for the Brea Superblock I Parking Structure), City Attorney Markman reported that Council unanimously approved the change orders submitted to date.

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Hupp adjourned the meeting in memory of Chet Sowinski at 8:54 p.m.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES November 7, 2017