Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Closed Session to order at 5:45 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 54957.6 Regarding the Brea Fire Association (BFA) - Mario E. Maldonado, Negotiator

3.

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

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 Real Property Negotiator Pursuant to Government Code § 54956.8.
Property: California Domestic Water Company common stock representing water rights made available from present stockholders of that company who have been offered alternative water service by the City of La Habra.
City of Brea Negotiator: William Gallardo, City Manager
Negotiating Parties: Unidentified Stockholders
Under Negotiation: Price and Terms of Payment

Mayor Parker adjourned the Closed Session at 6:25 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 6:30 p.m., all members were present.

6.

Public Comment
None.

7.

Clarify Regular Meeting Topics
Regarding Item 21 (Consideration and Adoption of Resolutions Authorizing Application for Funds from the Bicycle Corridor Improvement Program for Western Extension to the Tracks at Brea Trail), Council Member Hupp requested that future grant applications for the Tracks include improvements to the sidewalks that lead to the trail.

Regarding Item 24 (Execute Cooperative Agreement for the Administration of the Orange County Taxi Administration Program and Adopt Resolution to Revise Program Regulations), City Manager Gallardo requested that Council approve the agreements and bring back the resolution to a later meeting to allow OCTA the opportunity to update their regulations.

DISCUSSION ITEM

8.

Overview of Reclaimed Water Feasibility Study
Public Works Director Olmos presented the details of the report including background, scope of the study, water supply and demand, water sample results, reclaimed water treatment process, options for treatment facilities, cost of water comparisons and potential next steps.

Council inquired about the location and operation of the proposed treatment facilities, potential risks to adjacent homes, and costs.

In response to Council inquiries, Public Works Director Olmos stated the exact location has not been determined, noted there will be no associated risks to adjacent homes, and that the City would operate the treatment plant. He also discussed restrictions on digging at the golf course.

Mayor Parker inquired about well drilling as opposed to reclaimed water plants.

Councilmember Simonoff suggested staff look into the possibility of the City partnering with Broadrock to utilize the reclaimed water.

Council directed staff to incorporate future capital costs into the cost comparison of water and to explore grant opportunities.

REPORT

9.

Council Member Report
Councilmember Vargas spoke about long-term contracts.

Mayor Parker adjourned the Study Session at 6:57 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 7:02 p.m., all members were present.

10.

Pledge of Allegiance:
Boy Scout Troop 801 led the Pledge of Allegiance.

11.

Invocation:
Kirk Randolph, Southlands Church, delivered the invocation.

12.

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

13.

Community Announcements
Councilmember Simonoff invited the community to attend the annual Tree Lighting Celebration on Thursday, December 6 at 6:30 p.m. at the Brea Civic & Cultural Center. He noted that in the event of rain, the Tree Lighting event will be held at the Brea Community Center and encouraged everyone to follow the City of Brea on social media for updates.

Councilmember Hupp encouraged the community to write a letter to Santa and receive a personalized reply. Participants can drop off letters at a special mailbox at the west entrance of the Brea Community Center with a self-addressed stamp by December 12.

Mayor Parker announced that Brea keepsake ornaments are available for purchase for $5 while supplies last at the Civic Center and at the Tree Lighting Event.

Mayor Pro Tem Marick announced that tickets for the Brea Youth Theatre's production of "Seussical" go on sale to the public on December 11. The event is produced in partnership with Stagelight Production and takes you into the wonderful world of Dr. Seuss.

Councilmember Vargas announced that The Alley Cats are back on stage at the Curtis Theater December 15-16.

14.

Matters from the Audience
Fire Inspector Pesqueira provided the Community with helpful holiday fire prevention tips.

Bill Higgins, Brea Community Emergency Council (BCEC), spoke about the their holiday food box program, toy drive and the senior holiday program.

Keith Fullington spoke about street slopes on Lambert Road and Peppertree Drive and announced the upcoming Brea Olinda Ladycats season.

Dwight Manley spoke regarding the Republic Services contract, trash expenses in the City, and encouraged the City Council to go out to bid for the Brea Disposal Contract.

Randy Bice congratulated the incumbent Council members on their reelection, thanked Council and urged Council to keep street sweeping in-house.

Judy Chapelle spoke about Heritage Plaza Senior Apartments.

Glenda Hansen spoke about Heritage Plaza Senior Apartments.

15.

Response to Public Inquiries - Mayor / City Manager
None.

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."

16.

Brea Disposal (Republic) Contract
Councilmember Simonoff recused himself from the discussion.

Public Works Director Olmos provided the details of the report including current contract and amendments; evergreen definition and contract language; Council concern with the current terms of the Republic Services contract; modernizing the contract and streamlining processes to generate savings for the City; outlined pros and cons for options, applicable code sections on the subject and options for Council discussion and action; and finally noted that the City did receive written correspondence from Republic Services in response to the staff report.

Mayor Parker opened public comments.

Dan Capener, Republic Services, spoke regarding Public Resources Code Section 49520, the protection provisions for haulers, and the recent capital investments made by Republic Services.

Councilmember Vargas inquired about other cities that contract with Republic services, other evergreen contracts and rates to Brea residents relative to the residents in other cities.

Mayor Pro Tem Marick inquired as to the history of litigation for this issue.

Deputy City Attorney Boga indicated that this issue has not been litigated.

Councilmember Hupp requested Deputy City Attorney Boga provide a background of Public Resources Code Section 49520.

Deputy City Attorney Boga provided a background of Public Resources Code Section 49520 and noted that the City's legal counsel disagrees with the Republic Services attorney's letter received and that the legislative history on the issue supports the City's position.

Laith Ezzet, HF&F Consultants, spoke about evergreen and fixed term contracts, and noted that in his experience, the cities that have evergreen terms tend to pay higher rates.

Mayor Parker spoke about exploring the option of the City hauling their own trash.

Mayor Pro Tem Marick requested more research and legal perspective into the five (5) year contract option and suggested looking into a benchmark analysis, as suggested by the City's consultant.

Councilmember Hupp expressed support for going out to bid for the service to potentially lower the cost to residents.

Mayor Parker spoke in support of a rate analysis, the competitive bid process, and further legal analysis.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to authorize the City Manager to issue a non-extension notice (contract will remain in effect for 20 years) and direct staff to continue research into a five (5) year option.

AYES:	Mayor Parker, Mayor Pro Tem Marick, Council Member Hupp, Council Member Vargas
Other:	Council Member Simonoff (RECUSE)
Passed

17.

Street Sweeping Contract Options
Public Works Director Olmos provided the City Council with an update of the City's street sweeping contract including the background, bid results from the joint RFP process with Fullerton and Placentia; existing in-house budget and cost comparison; enforcement, current staffing, comparison of other North Orange County cities, and possible actions.

Mayor Pro Tem Marick inquired as to the cost for signage related to street sweeping and schedule for sweeping each side of the streets.

Public Works Director Olmos explained the various situations in which signage would need to be altered to accommodate different street sweeping schedules.

Discussion ensued regarding the life of the street sweeping machines and mileage placed on the machines with various service options.

Councilmember Hupp inquired as to the revenues received as result of the enforcement.

Discussion ensued related to enforcement revenues, employment costs for in-house sweeping, and levels of service in the option of reduction of sweeping schedules.

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Marick to maintain in-house street sweeping for a period of one (1) year at a frequency of two (2) times per month, with the exception of the Canyon Country neighborhood, which will be swept using the alternate side-sweeping option. At the end of the one (1) year period, the City Council will have an opportunity to evaluate the revised schedule.

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

Council Member Hupp requested that the issue of street sweeping enforcement come back to Council at the next possible meeting.

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

18.

November 20, 2018 City Council Regular Meeting Minutes
The City Council approved the November 20, 2018 City Council Regular Meeting Minutes.

19.

Upcoming City Council Topics January – June 2019
The City Council received and filed the report.

20.

Public Improvements for La Floresta Development Village Site
The City Council accepted Public Improvements and authorized the City Clerk to Release Improvement Bonds for Tracts 17150, 17153, 17157, 17158, 17159 and 17549; and adopted Resolution No. 2018-060 to Accept Irrevocable Offers to Dedicate Public Utilities, Sanitary Sewer, Water, Storm Drain and Emergency Vehicle Ingress and Egress Easements to City of Brea for Tract 17150; and approved Assignment and Novation of Subdivision Improvement Agreement and Accept Warranty Bonds for Tracts 17153, 17158, 17159 and 17549; and approved Grant of Easements and Encroachment Agreement for Tract 17150.

21.

Consideration and Adoption of Resolutions Authorizing Application for Funds from the Bicycle Corridor Improvement Program for Western Extension to The Tracks at Brea Trail (7946)
The City Council adopted Resolution No. 2018-061 and 2018-062 authorizing application for funds from the Bicycle Corridor Improvement Program for Western Extension to The Tracks at Brea Trail.

22.

Amendment No.2 to Professional Services Agreement with Parsons Transportation Group, Inc. for Design and Construction Support Services for the SR-57 & Lambert Road Interchange Improvements, CIP 7251
The City Council approved Amendment No. 2 to Agreement in the amount not-to-exceed $507,920 which includes the soundwall redesign ($207,920) and construction support ($300,000).

23.

Resolution Concerning Measure M2 Expenditure Report
The City Council adopted Resolution No. 2018-063, a Resolution of the City Council of the City of Brea concerning the Measure M2 Expenditure Report for the City of Brea.

24.

Execute Cooperative Agreement for the Administration of the Orange County Taxi Administration Program and Adopt Resolution to Revise Program Regulations
The City Council authorized City Manager to execute Cooperative Agreement No. C-8-2015 with Orange County Transportation Authority for the administration of the Orange County Taxi Administration Program, effective January 1, 2019 through December 31, 2020. The resolution will be brought back for adoption at a later date to allow OCTA the opportunity to update their regulations.

25.

Community Facilities Districts Annual Financial Report for Fiscal Year Ended June 30, 2018
The City Council received and filed the report.

26.

Annual Development Impact Fee Report for the Fiscal Year Ended June 30, 2018
The City Council received and filed the report.

27.

Legislative Platform for the 2019 Legislative Session
The City Council adopted the City of Brea Legislative Platform for the 2019 legislative session.

28.

Approval of a Memorandum of Understanding between the City of Brea and the Brea Police Management Association (BPMA)
The City Council adopted Resolution No. 2018-065 approving the Memorandum Of Understanding (MOU) with the Brea Police Management Association (BPMA).

29.

Resolution Establishing the 2018 City of Brea Master Employee Salary Schedule to Comply with CalPERS Regulations
The City Council adopted Resolution No. 2018-066 establishing the 2018 City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions in order to comply with CalPERS Regulations.

30.

October Outgoing Payment Log and November 9, 16, 23 & 30, 2018 City Check Registers
The City Council received and filed the payment log and check registers.

Motion was made by Council Member Simonoff, seconded by Council Member Vargas to approve City Council Consent Calendar Items 18-30.

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

CITY/ SUCCESSOR AGENCY - CONSENT

31.

November 30, 2018 Successor Agency Check Register
The City Council received and filed the check register.

Motion was made by Council Member Vargas, seconded by Council Member Hupp to approve City/Successor Agency Consent Calendar Item No. 31.

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

ADMINISTRATIVE ANNOUNCEMENTS

32.

City Manager
None.

33.

City Attorney
None.

COUNCIL ANNOUNCEMENTS
Councilmember Vargas congratulated Fire Chief Knabe on his retirement, congratulated incoming Fire Chief Loeser and thanked the community for his re-election.

ADJOURNMENT
Mayor Parker adjourned the General Session at 9:26 p.m.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES December 4, 2018