Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Marick called the Closed Session to order at 6:00 p.m., all member were present.

Present:

Marick, Simonoff, Hupp, Parker, 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 Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Brea Disposal (Republic) Contract Dispute.

Mayor Marick adjourned the Closed Session at 6:22 p.m.

STUDY SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Marick called the Study Session to order at 6:30 p.m., all members were present.

3.

Public Comment
None.

4.

Clarify Regular Meeting Topics
Councilmember Vargas spoke about Agenda Item No. 25, approval to purchase suppressors for Police Department patrol rifles, he highlighted the need for the purchase as it relates to the safety of the officers and those around them when and if the rifles are fired, to prevent hearing-related injuries.

5.

Brea Chamber of Commerce Update
Kerrie Torres, Assistant Superintendent of Education Services, Brea Olinda Unified School District, and Heidi L. Gallegos, President/CEO, Brea Chamber of Commerce, presented an overview of the Partners in Education program between the School District and the Chamber of Commerce.

With Council concurrence, Councilmember Parker suggested the Chamber and School District give a similar presentation at an upcoming City Council meeting during General Session.

DISCUSSION ITEMS

6.

Southern California Association of Governments (SCAG) General Assembly Delegate and Alternate Appointment
City Council appointed Councilmember Simonoff as the Assembly Delegate and Councilmember Hupp as the alternate to the SCAG General Assembly.

7.

Appointments to the Arts in Public Places Committee, Cultural Arts Commission, Parks, Recreation and Human Services Commission; and Traffic Committee
The following appointments were recommended to the City's Commissions for a four (4) year term expiring December, 2022:

	Cultural Arts Commission	Parks, Recreation and Human Services Commission
Councilmember Hupp	Blake Perez	Joseph Covey
Councilmember Parker	Bob Warkenton	Bill Higgins
Councilmember Vargas	Robyn Valerie Price	Thomas Donini

The following appointments were recommended to the City's Committees for a two (2) year term expiring December, 2020:

Art in Public Places Committee	Traffic Committee
Margee Hills	Jerry R. Hunter
Pat Fox	Erik Zambon
	Ron Martorella

Motion was made by Mayor Pro Tem Simonoff, seconded by Council Member Parker to appoint members to the City's Commissions and Committees as recommended.

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

REPORT

8.

Council Member Report/Requests
Mayor Marick reported on a Library Advisory Board meeting she attended where a program was introduced which would allow adults to obtain a high school diploma through the library system and requested the program information be highlighted on the City's television channel and website.

Councilmember Vargas indicated that he will be forwarding information to City Manager Gallardo related to medicinal marijuana uses.

Mayor Marick adjourned the Study Session at 6:56 p.m.

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

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

9.

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

10.

Invocation
Torrian Scott, Harvest International Church, delivered the Invocation.

11.

Proclamations: Career Technical Education Month
Mayor Marick, on behalf of the entire City Council, presented Kenia Cueto, North Orange County Regional Occupational Program, with a Proclamation designating the month of February as Career Technical Education Month.

12.

Presentation - Outgoing Planning Commissioners
Mayor Marick, on behalf of the entire City Council, presented Jim Grosse and Pat Fox with certificates of appreciation for their years of service on the Planning Commission.

13.

Oath of Office for Newly Appointed Planning Commissioners
City Clerk Harris-Neal administered the Oath of Office to newly appointed Planning Commissioners Sara Barnes-Ramos, Gary Brattain and Dan Phu.

14.

Presentation - Parks, Recreation and Human Services Commission Update to City Council
Parks, Recreation and Human Services Commission Chair Bill Higgins and Commissioner Craig Livingston provided an update to the City Council and spoke about the Commission meetings, recent accomplishments, focus and recent goal setting strategy.

15.

Presentation - Traffic Improvements at Cliffwood Avenue/State College Boulevard
Public Works Director Olmos gave a presentation on details about traffic improvements at Cliffwood Avenue and State College Boulevard; and spoke about the location, site photos, approach, design, outreach and the temporary monitoring period.

Councilmember Hupp implored staff to consider school traffic and traffic that may cut through Country Road.

Councilmember Simonoff inquired as to past traffic studies of the area and their relation to the current monitoring period. He also inquired about community notification.

16.

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

17.

Community Announcements
Councilmember Hupp invited the community to attend a meeting on the topic of the City's ADA Transition Plan on Thursday, February 28 in Community Rooms A&B located on Level Two of the Brea Civic & Cultural Center.

Councilmember Parker invited the community to attend the free opening reception of the Brea Gallery’s next exhibit, Immersion, on February 9 from 7-9 p.m.

Councilmember Vargas announced the opening of "9 to 5: The Musical" at the Curtis Theater on Friday, February 8.

18.

Matters from the Audience
Cathy Tumi expressed concern for the traffic study on Cliffwood and State College; and spoke about the history of issues with traffic on State College, previous complaints about speeding cars, school traffic on Apricot Avenue, resident concerns, consideration for neighborhoods with school traffic patterns, and requested that the traffic monitoring be put on hold.

Lee Squire spoke about Dr. Martin Luther King, Jr. observance day and read a written communication regarding Dr. Martin Luther King, Jr. observance day into the record.

Heidi Gallegos, Brea Chamber of Commerce, spoke about Item No. 32, Mandatory Commercial Organics Recycling Program, and resubmitted a letter she had initially routed to Council in June, 2018, relaying the Chamber's opposition to the item.

Laurie Starkey spoke about the negative impacts at the Cliffwood/State College traffic improvements and thanked the Council for their recent decision to repeal street sweeping enforcement.

Glenda Hansen spoke about Heritage Plaza Senior Apartments, utility billing and asked the City for assistance with water, trash and storm drain billing. She also thanked Councilmember Vargas, Assistant City Manager/Community Services Director Emeterio and Dwight Manley for their assistance.

Andrea Thompson expressed concern for traffic impacts at Cliffwood/State College, spoke about the lack of notification to residents, and speed complaints at Bolsa.

Jason Kraft spoke about student pedestrian traffic at Cliffwood/State College, minimal hours of the crossing guard at the intersection, and requested the City provide longer crossing guard hours at the intersection.

19.

Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo responded to public inquiries.

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.

Resolution Establishing Recurring and Non-Recurring Fees for Small Wireless Facilities
Deputy Public Works Director/City Engineer Ho presented the details of the report including background and previous approvals of a related Ordinance.

Mayor Marick opened the public hearing. Noting no members of the public wishing to address the Council on the item, Mayor Marick closed the public hearing.

Mayor Pro Tem Simonoff inquired as to the potential impact of small cell wireless facilities to neighborhoods with themed lighting poles.

Deputy Public Works Director/City Engineer Ho indicated that the cellular companies strategically select locations which best fit their service gap needs and minimize impacts to the neighborhoods.

Councilmember Hupp inquired as to the ownership of the themed light poles.

Public Works Director Olmos indicated the lights are maintained as part of their perspective Landscape, Lighting and Maintenance District; and stated that staff will be reviewing proposals to insure cohesiveness of the small cell sites.

Councilmember Vargas commended staff for their work on the item and related Ordinance.

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Simonoff to adopt Resolution No. 2019-009 establishing fees for processing permit applications and administering permits for small wireless facilities.

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

21.

January 15, 2018 City Council Regular Meeting Minutes
The City Council approved the January 15, 2019 City Council regular meeting minutes.

22.

Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2018-19
The City Council adopted Resolution No. 2019-010 and 2019-011 appropriating funds to adjust the Fiscal Year 2018-19 City Operating and Capital Improvement Program Budgets.

23.

Consideration of amending the existing classification plan for city employees to include the classification specification and salary range for the position of Senior Fiscal Analyst, amend the position allocation list for FY 2018/19 to reflect the changes, and assign the classification into the City of Brea Administrative and Professional Employees’ Association Bargaining Unit for representation purposes
The City Council adopted Resolution No. 2019-012.

24.

Professional Services Agreement with Interwest Consulting Group (Interwest) in the Amount Not-To-Exceed $150,000 for Engineering Project Management Services
The City Council approved an agreement with Interwest Consulting Group in the annual amount not-to-exceed $150,000 for two (2) years plus three (3) one-year extensions pending City Council approval.

25.

Approval to Purchase Suppressors for Police Department Patrol Rifles
The City Council approved the purchase of suppressors for the Police Department patrol rifles.

26.

Professional Services Agreement with LPA, Inc. in the amount not-to-exceed $50,000 for Parks, Recreation and Human Services Planning Services
The City Council approved an agreement with LPA, Inc. in the amount not-to-exceed $50,000.

27.

Professional Services Agreement with Civiltec Engineering, Inc. for the Design of Water Main Replacement Project at Various Locations, CIP Project Numbers 7453, 7457, 7459, and 7460
The City Council approved a Professional Services Agreement (PSA) with Civiltec Engineering, Inc. in the amount of $320,505 plus 10% contingency for the Design of the Water Main Replacement Project at various locations.

28.

Appointments to the North Orange County Cities Joint Powers Authority Board of Directors
The City Council adopted Resolution No. 2019-013 designating Mayor Pro Tem Simonoff and Councilmember Vargas to serve as Directors, and Councilmember Hupp as Alternate Director in either of their absence, on the North Orange County Cities Joint Powers Authority (NOCCJPA) Board of Directors and name one additional City Council Member to serve as Alternate to the NOCCJPA Board.

29.

November and December 2018 Outgoing Payment Logs and January 18 & 25 and February 1, 2019 City Check Registers
Received and filed.

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Simonoff to approve City Council Consent Item Nos. 21-29.

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

CITY/ SUCCESSOR AGENCY - CONSENT

30.

January 25, 2019 Successor Agency Check Register
Received and filed.

Motion was made by Mayor Pro Tem Simonoff, seconded by Council Member Vargas to approve City Council/Successor Agency Consent Item No. 30

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

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."

31.

FY 2018-19 Mid Year Budget Update and Policy Direction on the City's General Fund Reserves and City's Section 115 Trust Account through PARS
Administrative Services Director Russell presented the details of the staff report including an update on closing the long-term budget gaps, 17/18 General Fund summary, 17/18 financial highlights, economic outlooks, current year review of preliminary sales and property tax, other preliminary General Fund revenues, current year General Fund expenditures, fiscal policies statement, assumptions, and the updated five-year projections.

Councilmember Hupp inquired as to the TOT increases for FY 22/23 and FY 23/24.

Administrative Services Director Russell indicated that the projection from FY 21/22 will carry over and that the staff is taking a conservative stance with the TOT estimates.

Councilmember Parker spoke about the FARP funding assessment for the next five (5) years and spoke about the purpose of analyzing five-year projections.

Administrative Services Director Russell continued her presentation and presented a discussion on the City's General Fund Reserve Policy, explained the current policy, appropriate reserve policy levels, General Fund reserves, and provided staff's recommendation.

Mayor Marick inquired as to general differences between the 10% operating and 15% contingency portions and spoke about the necessity to have refined parameters as to how and when funds are utilized.

Councilmember Vargas spoke about the Risk Management Fund and associated reserves.

Mayor Marick spoke about the importance of local control over how PARS accounts are invested.

Administrative Services Director Russell spoke about updates to the City's pension obligation trust fund, an overview of the Section 115 trust, potential limitations, thoughts and considerations; and requested Council feedback and input.

Mayor Marick indicated that she would be interested in having one (1) year of net pension costs to CalPERS set aside, and indicated that she would not like to withdraw from the fund until obligations have been met.

Mayor Pro Tem Simonoff and Councilmembers Hupp, Parker and Vargas concurred with Mayor Marick and agreed they would prefer to make minimum payments to CalPERS and maintain savings and investment with the PARS account.

Council concurred that policy decisions will be further discussed at the upcoming Budget Workshop.

The City Council recessed at 9:02 p.m.

The City Council reconvened at 9:06 p.m.

32.

Mandatory Commercial Organics Recycling Program (AB 1826)
Public Works Director Olmos presented the details of the staff report including background, California Assembly Bill 1826, past City Council meeting discussions, generator only pricing option, sector wide pricing options, cost comparison, implementation example, CalRecycle monitoring, and following steps for each options.

Councilmember Vargas spoke about sector wide pricing and the relevance of the list of business accounts in the City as provided by Republic Services.

Councilmember Parker inquired as to the potential differences in costs to businesses sector wide between the highest and lowest producers.

Mark McGee, Republic Services, noted that the pricing is site-specific and options available based on waste generation and needs.

Councilmember Hupp inquired as to how the costs are being verified.

Public Works Director Olmos indicated that the rates have been verified by the City's consultant.

Discussion ensued regarding the structure of the rate schedule; margin rates for generator only and sector wide structures; and client outreach.

Councilmember Hupp expressed interest in eliminating franchise fees for impacted businesses and implored staff to seek a shorter-term contract to leave the option open for a potential lower pricing structure as a result of increased technological capacities.

Discussion ensued regarding contract structure and the process for amendment negotiations.

Councilmember Parker inquired as to consequences of non-participation and other options available to businesses.

Public Works Director Olmos explained that businesses can self-haul, but will not be permitted to contract with a third party. He also indicated that the City can set up penalties or citations for non-compliance.

Councilmember Parker spoke about unfunded mandates and indicated that he would be in favor of a shorter-term agreement.

Councilmember Vargas spoke about cost-sharing with the sector wide pricing model.

Council directed staff to begin the process of implementation of the sector wide option and set a public hearing for April 16, 2019, with a 45-day noticing requirement, absent of the franchise fee, which is 3.2% of the total rate.

ADMINISTRATIVE ANNOUNCEMENTS

33.

City Manager
None.

34.

City Attorney

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Councilmember Hupp adjourned the General Session at 10:10 p.m. in memory of former Brea Deputy Fire Chief Tom Schultz.

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BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES February 5, 2019