Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Closed Session to order at 5:30 p.m., all members were present.

Present:

Parker, Marick, Hupp, Simonoff, Vargas

1.

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.

2.

Conference with Legal Counsel - Existing Litigation pursuant to Government Code §54956.9(d)(1) - City of Santa Ana v. City of Brea - Case No. SA CV 18-0155-DOC

3.

Conference with City's Labor Negotiator Pursuant to Government Code Section §54957.6 Regarding the Brea Police Association (BPA) and the Brea Police Management Association (BPMA) - Mario E. Maldonado, Negotiator

4.

Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Fire Management Association (BFMA), Brea Fire Association (BFA) - Mario Maldonado and Chris Emeterio, Negotiators

5.

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

STUDY SESSION

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

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

6.

Public Comment
None.

7.

Clarify Regular Meeting Topics
Council Member Simonoff stated that he will recuse himself from participating in the discussion of Item No. 20, Mandatory Commercial Organics Recycling Program (AB1826), due to a potential conflict of interest. Council Member Simonoff also requested a continuance on voting on Public Hearing Item No. 21, Development-Related user Fees and Other Fees for City Services, until a later date.

Council Member Vargas requested pulling item No. 27, Countywide Public Financing Authority, and continuing the item to a later date.

DISCUSSION ITEMS

8.

LLMD #1 - Review Public Information Mailer
This item was pulled from discussion and continued to a future meeting.

9.

City Selection Committee Appointment and Opportunities
Mayor Parker designated Mayor Pro Tem Marick as his alternate to attend the Orange County City Selection Committee Meeting on Thursday, May 17, 2018 and indicated that he will be applying for LAFCO.

Council Members Hupp and Vargas expressed interest in applying for several appointment opportunities.

REPORT

10.

Council Member Report
Council Member Simonoff reported representing the City of Brea during visits to Brea's Sister Cities in Hanno, Japan and Anseong, Korea.

Mayor Parker adjourned the Study Session meeting at 6:45 p.m.

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

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Parker called the General Session meeting to order at 7:03 p.m., all members were present.

11.

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

12.

Invocation:
Davis Hill, Firehouse Church, delivered the Invocation.

13.

Mayor's Theme
Mayor Parker presented the Mayor's Theme for the City of Brea for 2018, "Small Town, Big Spirit."

14.

Presentation: Emergency Preparedness Month
• California Earthquake Authority
• Community Emergency Response Team (CERT)
A presentation was given by Mark Toohey, Caliornia Earthquake Authority, and Lisa Keyworth, Emergency Preparedness Analyst, Brea Fire Department.

15.

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

16.

Community Announcements
Council Member Simonoff announced the ‘33^rd Annual Made in California Exhibition’ is now open at the Brea Gallery through June 15. Noting the exhibition as one of the most popular every year, this exhibit is made up of 90 bold, inspiring works of art with everything from intricate pencil drawings, and powerful abstract portraits, to whimsical sculptures, and stunning photography.

Council Member Hupp announced the grand opening of the "Tracks at Brea" scheduled for Saturday, May 5 and encouraged the community to attend. This will be the first day the entire four-mile trail will be accessible to the public and the event will take place just north of Brea Downtown near Fire Station 2. For more information visit cityofbrea.net/thetracks.

Council Member Hupp also announced the ‘James Garner Tribute to Johnny Cash’ at the Curtis Theatre on May 19 and 20 and invited the community to experience the life and the music of the “Man in Black.” A Saturday matinee show has been added due to demand. Additionally, she announced that registration is still open for the Stagelight’s Brea Youth Theatre production of Peter Pan, which is on stage this summer, with the parent meeting being on May 21. For more information on both of these Curtis Theatre productions visit CurtisTheatre.com.

Mayor Pro Tem Marick invited the community to the annual Fire Department & Public Works Open House on Saturday May 12 from 10 a.m. – 2 p.m. on Berry Street, between Lambert and Central and announced that the public will be able to check out equipment and vehicle displays, watch demonstrations, enjoy refreshments and take home giveaways.

Council Member Vargas announced the first-ever Pet Expo from 9 a.m.- 6 p.m. at the Brea Community Center on May 5th, noting that the Pet Expo will feature pet products, learning opportunities, and a chance to adopt a new family member. Visit CityofBrea.net for more information.

Mayor Parker reported on the "Love Brea" event this past Saturday, April 28, where the community came out to Love Brea by completing 26 projects around town. Some 552 volunteers from businesses, schools, churches, scouts, service groups, sports organizations, city employees and residents--of all ages—were part of the third annual day of service. The Council sincerely thanked the 21 sponsors once again for making this special day, which is part of the county-wide Love our Cities campaign, possible. A brief video of the event was displayed.

17.

Matters from the Audience
Officer Candidate Klisowska, Sunburst Youth Academy, spoke regarding their programs and invited the Council to visit and tour the academy.

Julie Reardon, Branch Manager for the Brea Library, announced that on Thursday, May 10 at 6 p.m., the Library will be hosting speaker Tom Koutroulis from Orange County Waste and Recycling.

Kurt Randolph, Brea Ministerial Organization, spoke regarding the "Love Brea" event and invited the community to the Mayor's Prayer Breakfast.

Debbie Logsten spoke regarding SB54 and inquired as to the City's stance on the matter.

Sean Thomas spoke regarding the Mayor's Prayer Breakfast, requested that the reason for Council meeting cancellations be provided in the future and thanked Assistant City Manager/Community Services Director Chris Emeterio for his assistance.

John Koos thanked Council Member Hupp for attending the Rotary meeting this afternoon and spoke regarding Agenda Item No. 20, Mandatory Commercial Organics Recycling Program.

Dwight Manley announced the Bonanza Days event in Brea Downtown, spoke regarding car parking permit fees as outlined in Agenda Item No. 21, Development-Related User Fees and Other Fees for City Services, and suggested a redesign of the proposed fees. Manley also spoke regarding proposed trash collection fees and the City's request to raise user fees.

Keith Fullington spoke regarding SB54, requested the City opt-out of the sanctuary city status and suggested the City consider the item formally.

18.

Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo noted the Council may not take action on any items that are not on the agenda, spoke regarding inquiries received relating to SB54 and explained the Brea Police Department's arrest practices.

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.

Recap of City Council and Executive Staff Workshop
City Manager Gallardo presented a PowerPoint presentation recap of the City Council and Executive Staff Workshop held on March 30, 2018.

20.

Mandatory Commercial Organics Recycling Program (AB 1826)
Council Member Simonoff recused himself for this item, citing a possible conflict of interest.

Public Works Director Tony Olmos presented details of the staff report, discussing legislative background, food waste processing, implementation pricing options, sector-wide implementation examples, sector-wide pricing options, rebalancer, past outreach, proposed timeline and staff recommendation.

Vikash Jhunjhunwala, Controller for Republic Services addressed Council questions with regards to billing.

Council discussed differences between organic waste and commercial solid waste, number of businesses in tier 3, the cost for Republic Services to build the infrastructure, potential profit to Republic Services, potential penalties for non-compliance, possible options for joining other cities with regards to cost efficiencies, separation of materials and potential for business owners to be required to modify trash enclosures.

Council directed staff to bring back further options for consideration at a later meeting.

PUBLIC HEARING - 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.

21.

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
Mayor Pro Tem Marick requested item 26 be removed from the consent calendar for separate vote, and recused herself from voting on said item.

Councilmember Vargas, with Council concurrence, removed item 27 for consideration at a later date.

22.

March 30, 2018 City Council Special Meeting Minutes
The City Council approved the March 30, 2018 City Council special meeting minutes.

23.

April 3, 2018 City Council Regular Meeting Minutes
The City Council approved the April 3, 2018 City Council regular meeting minutes.

24.

Annual Engineer's Report for Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7
The City Council approved and received the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopted Resolution Nos. 2018-017 to 2018-023 to set a Public Hearing for each District on June 5, 2018, at 7:00 p.m.

25.

Mitigated Negative Declaration No. MND 18-01 for the Western Extension to The Tracks at Brea Trail Project
The City Council adopted Resolution No. 2018-024 to adopt the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program No. 18-01, and approved the project.

26.

Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2017-18

Motion was made by Council Member Vargas, seconded by Council Member Simonoff to adopt Resolution Nos. 2018-025 and 2018-026 appropriating funds to adjust the Fiscal Year 2017-18 City Operating and Capital Improvement Program Budgets.

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

27.

Countywide Public Financing Authority
This item was not considered, and will be heard at a later date.

28.

Monthly Report of Investments for the City of Brea for Period Ending March 31, 2018
Receive and file.

29.

Outgoing Payment Log and April 6, 13, 20 and 27, 2018 City Check Registers - Receive and file.

Motion was made by Council Member Simonoff, seconded by Council Member Vargas to approve Consent Calendar Items 22-25, and 28-29.

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

CITY/ SUCCESSOR AGENCY - CONSENT

30.

Budget Adjustments to the Successor Agency to the Brea Redevelopment Agency Operating Program Budget for Fiscal Year 2017-18
The City Council, as Successor Agency, adopted Resolution No. SA 2018-03 to adjust the FY 2017-18 Successor Agency to the Brea Redevelopment Agency Operating Budget.

31.

April 27, 2018 Successor Agency Check Register
Receive and file.

32.

Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending March 31, 2018
Receive and file.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve City/Successor Agency Consent Items 30-32.

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

ADMINISTRATIVE ANNOUNCEMENTS

33.

City Manager
None.

34.

City Attorney
City Attorney Jim Markman spoke briefly to clarify comments made regarding SB54 with regards to any potential Council action.

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Parker adjourned the General Session at 9:40 p.m.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES May 1, 2018