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City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Tuesday, May 7, 2019
5:30 p.m. - Closed Session
6:30 p.m. - Study Session
7:00 p.m. - General Session

Christine Marick, Mayor      Marty Simonoff, Mayor Pro Tem
Cecilia Hupp, Council Member Glenn Parker, Council Member Steven Vargas, Council Member

This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State Law prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)

Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
 
 
             
 
CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
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 Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. 
Significant Exposure to Litigation:  1 potential case. 
Facts and Circumstances:  Brea Creek LLC Claim
 
3.   Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8. 
Property:  Birch Hills Golf Course
City of Brea Negotiators:  City Manager Bill Gallardo and Public Works Director Tony Olmos
Negotiating Parties:  Chevron Land and Development, Birch/Kraemer, LLC
Under Negotiation:  Price and Terms of Payment
 
4.   Conference with Legal Counsel  Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation. 
Name of Case:  City of Brea v. Kaneh Bosm Church of Brea (Case No.  30-2018-01040106-CU-MC-CJC)
 
5.   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:  California Voting Rights Act Claim Against Brea Olinda Unified School District
 
6.   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:  Orange County Catholic Worker v. Orange County (Case No. 8-18-cv-00155 DOC (JDE))
 
7.   Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 - Regarding the Brea Fire Management Association (BFMA) - Chris Emeterio, Negotiator, Cindy Russell, Negotiator, and Mario E. Maldonado, Negotiator
 
8.   Conference with Legal Counsel Pursuant to Government Code §54956.9(d)(2) – Irene Crews v. City of Brea, WCAB ADJ10933999 - Compromise and release. 
 
9.   Conference with Legal Counsel  Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation – Irene Crews v. City of Brea, et al United States District Court, Central District of California Case No. 8:18-cv-01104-AG-DFM
 
STUDY SESSION
6:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
10.   Public Comment
 
11.   Clarify Regular Meeting Topics
 
DISCUSSION ITEM
 
12.   Traffic Committee Unscheduled Vacancy Recruitment
 
REPORT
 
13.   Council Member Report/Requests
 
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
 
14.   Pledge of Allegiance: Boy Scout Troop 801
 
15.   Invocation: Steve Chang, Living Hope Community Church
 
16.   Presentation: OCTA Transportation Update
 
17.   Presentation: Road to the 2020 Census
 
18.   Report - Prior Study Session
 
19.   Community Announcements
 
20.   Matters from the Audience
 
21.   Response to Public Inquiries - Mayor / City Manager
 
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.   Acceptance of Project Closeout for the Tracks at Brea Trail CIP Project No. 7873 - Ratify $188,110 of Park Development Funds from Fiscal Year 2017-2018; and adopt Resolution No. 2019-025 approving $453,000 ($378,000 to cover reduction in grant revenues and $75,000 in an increase in expenditures) from Fiscal Year 2018-2019.  There is no fiscal impact to the General Fund.
 
23.   Traffic Diverter at Cashew and Lambert & Proposed Working Group - Collect additional data and remove the traffic diverter at Cashew and Lambert no sooner than May 23, 2019; and approve the formation of Cliffwood Working Group to include eight (8) residents from north of State College, eight (8) residents from south of State College, two (2) residents from the Country Road Homes, two (2) members from Traffic Committee and one (1) member from School District.  There is no fiscal impact to the General Fund. 
 
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
 
24.   April 16, 2019 City Council Regular Meeting Minutes - Approve. 
 
25.   Grant Deed for Dedication of Lot P of Tract 16976 in Fee for Water Pump Station for Blackstone Development - Approve Grant Deed and authorize City Clerk to execute and record the Grant Deed.  There is no fiscal impact to the General Fund.
 
26.   Public Sidewalk Easement for 3300 E. Birch Street - Accept public sidewalk easement dedication and authorize City Clerk to execute and record the easement.  There is no fiscal impact to the General Fund. 
 
27.   Resolution Committing the City of Brea to Partner with the U.S. Census Bureau for the 2020 Census - Adopt Resolution No. 2019-026 affirming the City of Brea's partnership with the U.S. Census Bureau for the 2020 Census.
 
28.   Amendment No. 1 to Professional Services Agreement (PSA) with Land Concern in the Additional Amount of $11,200 - Approve Amendment No. 1 to Professional Services Agreement (PSA) for additional landscape and irrigation design services for landscape improvements in Maintenance District #3, in the additional amount of $11,200.  There is no fiscal impact to the General Fund. 
 
29.   Amendment to Agreement for Professional Legal Services for the City of Brea - Approve Amendment No. 8 to the Amended and Restated Agreement for Professional Legal Services between the City of Brea and Richards, Watson & Gershon, Inc.  The proposed amendment would result in a savings of $40 per hour for time spent by the City Attorney at weekly executive staff meetings.  Based on 12 to 15 hours per month, the estimated annual savings would be approximately $5,760 to $7,200.
 
30.   Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2018-19 - Adopt Resolution Nos. 2019-027 and 2019-028 appropriating funds to adjust the Fiscal Year 2018-19 City Operating and Capital Improvement Program Budgets.
 
31.   Approval of Memorandums of Understanding between the City of Brea and six labor associations and resolutions approving changes to the Executive and Part-Time Employees’ salaries and benefits - Adopt Resolution Nos. 2019-029 through 2019-031 approving Memorandums Of Understanding (MOU’s) with the Brea Police Association (BPA), the Brea Police Management Association (BPMA), the Brea Management Association (BMA), the Brea City Employees’ Association (BCEA), the Administrative and Professional Employees’ Association (APEA), and the Brea Firefighters’ Association (BFA) and approving changes to the Executive and Part-Time Employee’s salaries and benefit policies.  There are sufficient funds in the General Fund to cover the one-time costs for the first year of these contracts. The costs associated with the second year have already been factored into the FY 2019-2020 City Budget draft proposal. 
 
32.   Outgoing Payment Log and April 19 & 26 and May 3, 2019 City Check Registers - Receive and file. 
 
CITY/ SUCCESSOR AGENCY - CONSENT
 
33.   Amendment to Agreement for Legal Services for the Successor Agency to the Brea Redevelopment Agency - Approve Amendment No. 6 to the Amended and Restated Agreement for Legal Services between the Successor Agency to the Brea Redevelopment Agency and Richards, Watson & Gershon, Inc. dated July 1, 2004.  The proposed amendment results in a reduction in legal services of $2,000 per month, or $24,000 annually.
 
34.   Budget Adjustments to the Successor Agency to the Brea Redevelopment Agency Operating and Capital Improvement Program Budget for Fiscal Year 2018-19 - City Council, as Successor Agency: Adopt Resolution No. SA 2019-001 to adjust the FY 2018-19 Successor Agency to the Brea Redevelopment Agency Operating and Capital Improvement Program Budget.  The fiscal impact of Budget Adjustments to the Successor Agency to the Brea Redevelopment Agency FY 2018-19 budget is a change in funding from the Redevelopment Permanent (511) Fund to the Redevelopment Obligation Retirement (816) Fund.
 
35.   Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending March 31, 2019 - Receive and file. 
 
36.   April 26, 2019 Successor Agency Check Register - Receive and file. 
 
ADMINISTRATIVE ANNOUNCEMENTS
 
37.   City Manager
 
38.   City Attorney
 
39.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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