Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Closed Session to order at 5:00 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 Real Property Negotiator Pursuant to Government Code §54956.8
Property: Potential acquisition of an approximate 15-foot wide easement on railroad right of way owned by Union Pacific Railroad on property located within the Union Pacific Railroad right of way between Berry Street to Palm Avenue and the Brea Canyon Channel to Berry Street in the City of Brea.
City of Brea Negotiators: Tony Olmos, James L. Markman, and Terence Boga
Negotiating Party: Union Pacific
Under Negotiation: Price and terms of purchase of real property

3.

Conference with Real Property Negotiator Pursuant to Government Code §54956.8

Property: APN’s: 319-381-08 & 319-381-18, 555 Pointe Drive, Brea

City of Brea Negotiators: Tony Olmos, James L. Markman and Terence Boga

Negotiating Party: Olen Pointe Brea Corp.

Under Negotiation: Price and terms of purchase of real property

4.

Conference with Real Property Negotiator Pursuant to Government Code §54956.8
Property: APN: 320-101-17, 1700 E. Lambert Road, Brea
City of Brea Negotiators: Tony Olmos, James L. Markman and Terence Boga
Negotiating Party: King Y. Chai and Shiou King Chai, Trustees, Yee M. Chai, and Margaret L. Chai
Under Negotiation: Price and terms of purchase of real property

5.

Conference with Real Property Negotiator Pursuant to Government Code §54956.8
Property: APN: 320-101-17, 1700 E. Lambert Road, Brea
City of Brea Negotiators: Tony Olmos, James L. Markman and Terence Boga
Negotiating Party: Southwest Fuel Management, Inc., and David Delrahim
Under Negotiation: Price and terms of purchase of improvements to real property

6.

Conference with legal counsel pursuant to Government Code §54956.9(d)(2) – David Herrera v. City of Brea, WCAB ADJ9429412 - Mario E. Maldonado, City Negotiator

7.

Conference with Legal Counsel - Potential Litigation Pursuant to Government Code Section §54956.9 - One Case - Lagos De Moreno Park/Laurel Elementary Magnet School - Steve Kooyman, City Engineer

8.

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

9.

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

Mayor Parker adjourned the Closed Session at 6:20 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.

10.

Public Comment
None.

11.

Clarify Regular Meeting Topics
Mayor Parker requested clarification on Item No. 34, 1998 American LaFrance 105' Aerial Ladder, and which funds will be used to make the purchase.

Mayor Parker noted that Item No. 26, repealing resolutions which approved the Madrona project, will be pulled for separate vote.

12.

Appointment of new Planning Commissioner
Council Member Vargas noted that seven (7) individuals applied and were interviewed for the vacant position, and at this time, he is recommending Gary Brattain to fill the unscheduled vacancy on the Planning Commission.

Mayor Pro Tem Marick seconded Council Member Vargas' motion to recommend Gary Brattain for appointment to the Planning Commission.

The Council concurred with the appointment, and Gary Brattain was appointed to the Planning Commission to complete a term of an unscheduled vacancy.

Mayor Parker requested that the remaining six (6) applicants be added to a list of future volunteers for potential adhoc committees.

DISCUSSION ITEM

13.

Designate Voting Delegate and Alternative for League of California Cities Annual Conference September 12 – 14, 2018 in Long Beach
Mayor Parker stated that he will be attending the League of California Cities Annual Conference.

Motion was made by Council Member Simonoff, seconded by Council Member Hupp to designate Mayor Parker as the voting delegate and Council Member Hupp as the alternate voting delegate for the League of California Cities Annual Conference from September 12 - 14, 2018 in Long Beach.

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

REPORT

14.

Council Member Report
Mayor Parker reported attending a meeting with the California Conservation Fund regarding opportunities for moving the Madrona property into public ownership for future preservation.

Council requested that the item be agendized and brought back for further discussion.

Council Member Vargas inquired as to any possible companion bills to AB1826 and requested, with Council concurrence, research and a formal legal opinion on any results of potential lawsuits related to the recycling organics bills.

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

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

CALL TO ORDER/ ROLL CALL - COUNCIL

15.

Pledge of Allegiance
Girl Scout Troop 3547 led the Pledge of Allegiance.

16.

Invocation
Rick Darden, Friends Community Church, delivered the invocation.

17.

Presentations: OCTA Transportation Update
Tim Shaw, Vice Chari, OCTA Board of Directors, presented the OCTA Transportation Update and spoke about Measure M revenue projections and the 57/Lambert Interchange project funding breakdown.

18.

Report - Prior Study Session
City Manger Gallardo reported on the prior Study Session.

19.

Community Announcements
Council Member Vargas encouraged the community to recognize the military Veteran in their life with the Brea War Memorial’s walk of honor pavers. The custom pavers are designed as a lasting tribute to the men and women who have served our country. Walk of honor pavers are available to order any time of the year, but if purchased by August 30, the paver will be dedicated at Brea’s annual Veterans Day ceremony in November. Visit BreaWarMemorial.com for more information.

Mayor Pro Tem Marick announced that summer is in full swing with Concerts in the Park and Family Films. On Wednesday, July 18th at 6:30 p.m. Pickleback Shine brings southern country and rock hits to City Hall Park! On Friday, July 20th the story of an aspiring young musician unfolds in the popular movie “Coco” at 8 p.m. at the Arovista Park Amphitheatre.

Council Member Hupp encouraged the community to attend the annual Brea Fest celebration on August 17th where there will be samples of delicious food and beverages from over 30 restaurants. Live entertainment, art exhibitions, theatre performances, magicians, and much more. Admission to the event is free! Find out more at BreaSpecialEvents.com.

Council Member Simonoff announced that the PaperWorks Refolded exhibition is back at the Brea Art Gallery. The exhibition takes an in-depth exploration into the potential of paper as an art form. Featuring origami, papercuts, sculpture and collage. Head to BreaGallery.com for more on the exhibition.

Mayor Parker invited the community to an evening of Latin Jazz with Louie Cruz Beltran at the Curtis Theatre. Louie and his orchestra will be at the Curtis Theatre on August 11 at 7 p.m. Tickets include access to a plaza reception prior to the show, so bring the family for a night of fun. Tickets for the Curtis Theatre’s 2018/2019 season are also already on sale. With ten shows scheduled throughout this year’s run, excitement and adventure will engage audiences at the Curtis Theatere for a fun-filled season. Call the box office at (714)-990-7722, or visit CurtisTheatre.com for tickets.

20.

Matters from the Audience
Susan Patrella expressed dissatisfaction with the noise level of certain fitness classes at the Brea Community Center.

Judy Chappell expressed concern with rent inflation for seniors including rising utility costs, recycling program fees, lack of parking and maintenance.

Glenda Hansen expressed concern about rent inflation, lack of response from Heritage Plaza Apartment management and invited residents to attend the upcoming community meeting with the owners of Heritage Plaza.

Caroline DeMassi invited the Council and community to attend a fundraing event for Emily's Army, a Cystic Fibrosis Foundation benefit group, on Saturday, August 21st at the Treehouse Bar and Grill in the Birch Hills Golf Course.

Sean Thomas spoke regarding social security, meeting with the Lt. Governor of California and invited the community to Church at the Improv.

Gary Brattain thanked the Council for his appointment to the Planning Commission.

Steve Shatynski updated the community on the Keep California Safe Act.

Keith Fullington spoke regarding KFC, election signs and the Tracks at Brea.

Claire Schlotterbeck spoke regarding the Madrona resolution and thanked everyone involved with the reversal of the project.

21.

Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo, Public Works Director Olmos and Assistant City Manger Emeterio responded to public inquiries.

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."

22.

Mobile Source Air Pollution Reduction Review Committee (MSRC) Funding in the Amount of $56,570 for Electric Vehicle Charging Infrastructure (EVSE) Installation at the Brea Superblock I Parking Structure (P3)
Environmental Services Coordinator Ingallinera presented the details of the report including funding requirements, Mobile Source Air Pollution Reduction Committee (MSRC) background, significant air quality challenges in the region, mandatory air pollution reduction requirements, means of reducing emissions, partnership with the South Coast AQMD and the City of Brea, funding allocation and proposed project.

Council inquired as to the cost for electricity, potential cost-sharing, timeline for approval of funding, next steps, location of proposed charging stations, potential for solar panels.

Motion was made by Council Member Vargas, seconded by Council Member Simonoff to receive the PowerPoint Presentation and authorize the City Manager to receive up to $56,570 for the Electric Vehicle Charging Infrastructure (EVSE) Installation at the Brea Superblock I Parking Structure (P3).

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

23.

Discussion and direction to staff regarding updates to provisions of the Zoning Code relating to the Planned Community Zone
City Planner Lilley presented background to the discussion including the Brea Core Plan process, details of the Planned Community Zone, options for moving forward and direction process.

Council inquired as to applications for the zone, process for application review for projects and examples of past applications.

Community Development Director Crabtree and City Attorney Markman addressed Council questions.

Council directed staff to prepare a code amendment for consideration at a later meeting.

24.

Mandatory Commercial Organics Recycling Program (AB 1826)
Council Member Simonoff and Mayor Pro Tem Marick recused themselves from the discussion.

Public Works Director Olmos presented the details of the report including background, provided updates since the May 1st Council Meeting, pricing options, sectorwide examples, proposed timeline and staff recommendation.

Council Member Hupp inquired as to the Republic's anticipated income in different pricing models.

Mark McGee, Republic Services, addressed Council Member Hupp's questions relating to Republic's different pricing models.

Council Member Vargas inquired as to the applicability of Senate Bill 1383 with regards ot Assembly Bill 1826.

Mayor Parker expressed concerns with increasing costs to apartment complexes, lack of flexibility within the options proposed and the affordability. He also inquired as to the options for renegotiating the contract once it has become active and the potential impact on the City budget.

Public Works Director Olmos and City Attorney Markman responded to Council inquiries.

Motion was made by Council Member Vargas, seconded by Council Member Hupp to receive and file the staff report, requested full program details for both options (generator and sector-wide) pricing, and set a date for the public hearing.

AYES:	Mayor Parker, Council Member Hupp, Council Member Vargas
Other:	Mayor Pro Tem Marick (RECUSE), Council Member Simonoff (RECUSE)
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
With Council concurrence, City Council Consent Item No. 26 was removed from the Consent Calendar for separate discussion.

25.

June 19, 2018 City Council Regular Meeting Minutes
The City Council approved the June 19, 2018 City Council regular meeting minutes, as presented.

26.

Resolution Repealing Resolutions Which Approved the Madrona Project
City Attorney Markman presented the details of the item, noting the background to the project and court actions, and stated that this resolution repealing process is passed down from the courts as part of reversing the approvals for the record. He also stated that the Developer would be required to formally withdraw the application for the project.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Marick to adopt Resolution No. 2018-046, repealing and setting aside Resolution No. 2014-039 and Resolution No. 2014-040 of this Council concerning approval of a residential development within the area of vesting Tentative Tract Map No. VTTM15956.

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

27.

First Amendment to Sublease (Loftus Diversion Channel) and a Second Amendment to Joint Community Facilities Agreement Relating to City of Brea Community Facilities District No. 2008-2 (Brea Plaza Area Public Improvements)
The City Council, by minute action, approved a First Amendment to Sublease, approved a Second Amendment to Joint Community Facilities Agreement and authorized the City Manager to execute amending documents.

28.

Plans And Specifications for The Cliffwood Pavement Rehabilitation and Waterline Replacement, and Alleyways Rehabilitation, CIP Projects 7315, 7316, 7317, and 7461
The City Council approved Plans and Specifications and authorize City Clerk to advertise and receive bids.

29.

Cooperative Agreement, Project Baseline Agreement and Funding Summary between the City of Brea and the State of California Department of Transportation (Caltrans) for the SR 57/Lambert Road Interchange Improvement Project (CIP 7251) – Construction - The City Council 1) Approved the Cooperative Agreement, Project Baseline Agreement and Funding Summary between the City of Brea and Caltrans; and 2) Authorized the City Manager to execute the Cooperative Agreement and any subsequent amendments to the Cooperative Agreement, Project Baseline Agreement and/or Funding Summary upon approval as to form by the City Attorney.

30.

Software/Hardware Maintenance Support and Online Subscription Service Agreements
The City Council authorized the Purchasing Agent to approve renewal agreements with various support services providers for the life of the computer software or hardware and for online software subscription service and authorized the Purchasing Agent to issue purchase orders for these renewal agreements and subscription services that do not to exceed available budget appropriations.

31.

Annual Vehicles and Equipment Purchase Plan for Fiscal Year 2018-19
The City Council authorized the Purchasing Agent to issue purchase orders in an amount not-to-exceed $612,550 for various City vehicles and equipment described in the Annual Vehicles and Equipment Purchase Plan for Fiscal Year 2018-19.

32.

Agreement with UniFirst Corporation for Public Works Uniforms and Related Services
The City Council approved the agreement and authorized the City Manager to execute agreement with UniFirst Corporation to provide Public Works uniforms and related services.

33.

Upcoming City Council Topics July – December 2018
The Council received and filed the report.

34.

1998 American LaFrance 105’ Aerial Ladder
The City Council approved the purchase of a Fire Truck for reserve use for $49,999 from the City of Vernon, approved $10,000 for repairs and upgrades and approved $10,000 for annual maintenance costs; and authorized the City Manager to execute the agreement with the City of Vernon.

35.

June 22 & 29 and July 6 & 13, 2018 City Check Registers
The Council received and filed the report.

36.

Monthly Report of Investments for the City of Brea for Period Ending May 31, 2018
The Council received and filed the report.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve Consent Calendar Items 25 and 27-36.

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

CITY/ SUCCESSOR AGENCY - CONSENT

37.

June 29, 2018 Successor Agency Check Register
The City Council received and filed the report.

38.

Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending May 31, 2018
The City Council received and filed the report.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to approve City/Successor Agency Consent Items 37-38.

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

ADMINISTRATIVE ANNOUNCEMENTS

39.

City Manager
None.

40.

City Attorney
None.

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Parker adjourned the General Session at 9:34 p.m.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES July 17, 2018