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City Council, Successor Agency to the Brea
Redevelopment Agency, Brea Public Financing
Authority, Brea Community Benefit Financing
Authority, Midbury Assessment Authority Agenda
and
Industrial Development Authority
Tuesday, June 6, 2017
5:45 p.m. - Closed Session
6:15 p.m. - Study Session
7:00 p.m. - General Session

                           Cecilia Hupp, Mayor                     Glenn Parker, Mayor Pro Tem
Christine Marick, Council Member Marty Simonoff, 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
5:45 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 City's Labor Negotiator Pursuant to Government Code Section §54957.6 Regarding the Brea City Employees' Association (BCEA) - Mario E. Maldonado, Negotiator
 
3.   Conference with City's Labor Negotiator Pursuant to Government Code Section §54957.6 Regarding the Brea Fire Management Association (BFMA) - Mario E. Maldonado, Negotiator
 
4.   Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Management Association (Non-Safety) - Chris Emeterio, Negotiator
 
STUDY SESSION
6:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
5.   Public Comment
 
6.   Clarify Regular Meeting Topics
 
DISCUSSION ITEMS
 
7.   Designate Voting Delegate and Alternative for League of California Cities Annual Conference September 13 – 15, 2017 in Sacramento
 
8.   Central City Core Market Land Use Study - Receive and File.
 
REPORTS 
 
9.   Council Member Report
 
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
 
10.   Pledge of Allegiance: Brea Police Explorer Post 822
 
11.   Invocation: Pastor Mike O'Brien, Downtown Chapel
 
12.   Presentation: Mayor's Youth Awards
 
13.   Presentation: History of Brea, "Those Mysterious Bricks"
 
14.   Report - Prior Study Session
 
15.   Community Announcements
 
16.   Matters from the Audience
 
17.   Response to Public Inquiries - Mayor / City Manager
 
PUBLIC HEARINGS FOR THE CITY COUNCIL, SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY, BREA PUBLIC FINANCING AUTHORITY, BREA COMMUNITY BENEFIT FINANCING AUTHORITY, MIDBURY ASSESSMENT AUTHORITY AND INDUSTRIAL DEVELOPMENT AUTHORITY- 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. - 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.
 
18.   Public Hearing to Consider the Adoption of the City of Brea FY 2017-18 Operating Budget - Receive Public Input on the Fiscal Year 2017-18 Proposed Operating Budget as Presented in the Fiscal Year 2017-18  Proposed Operating Budget Document and Adopt Resolution 2017-040 Approving the Fiscal Year 2017-18 Operating Budget and Appropriating Funds for the City of Brea Fiscal Year 2017-18 Operating Program. Expenditures for all Funds Which Make Up the Fiscal Year 2017-18 Operating Budget Total $92,900,059.
 
19.   Public Hearing to Consider the Capital Improvement Program Budget For Fiscal Year 2017-2018 - Adopt Resolution 2017-041 for the Capital Improvement Program (CIP) Budget for FY 2017-2018 as Presented in the Proposed Seven-Year CIP Document.  Changes Proposed by City Council or Staff at the Public Hearing, if any, Will be Reflected in the Final Adopted CIP Budget. The Fiscal Impact for the FY 2017-2018 CIP Budget is $29,209,843.  Funding Sources Include the Following: Fixed Asset Replacement Fund; Gas Tax Fund; Measure M Fund; Community Development Block Grant Fund; Urban Runoff Fund; Water Fund; Sewer Fund; Sanitation Fund; Storm Drain Fund; Equipment & Vehicle Maintenance Fund; Traffic Impact Fees Fund; Water Impact Fees Fund; Federal Grants; State Grants; County Grants; Southern California Edison Rule 20-A funds; and Other Miscellaneous Contributions.
 
20.   Public Hearing to Consider Adoption of 2017-18 Operating Budget for the Brea Community Benefit Financing Authority - Adopt Resolution 2017-042  Appropriating Funds for the Brea Community Benefit Financing Authority 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document. The Fiscal Impact for the Brea Community Benefit Financing Authority Operating Budget for 2017-18 is $ 1,170,600.
 
21.   Public Hearing to Consider Adoption of 2017-18 Operating Budget for the Brea Public Financing Authority - Adopt Resolution 2017-043 Appropriating Funds for the Brea Public Financing Authority 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document. The Fiscal Impact for the Brea Public Financing Authority Operating Budget for 2017-18 is $4,219,100.
 
22.   Public Hearing to Consider Adoption of  2017-18 Operating Budget for the Midbury Assessment Authority Commission - Adopt Resolution 2017-044 Appropriating Funds for the Midbury Assessment Authority Commission 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document. Expenditures Which Make Up the Fiscal Year 2017-18 Operating Budget Total $6,580.
 
23.   Public Hearing to Consider the Adoption of the Successor Agency to the Brea Redevelopment Agency 2017-18 Operating Program Budget - City Council, as Successor Agency: Adopt Resolution 2017-045 Appropriating Funds for the Successor Agency to the Brea Redevelopment Agency 2017-18 Proposed Operating Program Budget. The Fiscal Impact for Fiscal Year 2017-18 is $22,901,937.
 
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."
 
24.   Update to the City of Brea Long-Term Debt Policy Required for Future Issuance of Bonds and Other Debt Obligations - Adopt Resolution 2017-046 Approving the City of Brea Local Debt Policy and Taking Related Actions.
 
25.   Elevator Change Order Options for the Brea Superblock I Parking Structure Project, CIP 7903 - 1) Receive and File a Presentation by Staff on Elevator Options; 2) Select a Preferred Elevator Option with a "Not to Exceed" Cost; and 3) Authorize the City Engineer to Negotiate and Execute a Contract Change Order with McCarthy for the Preferred Elevator Option with a "Not to Exceed" Cost. On April 19, 2016, the City Council Approved Resolution 2016-021 Appropriating to the Project a Total Budget of $10.5 Million.
 
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
 
26.   May 16, 2017 City Council Regular Meeting Minutes - Approve.
 
27.   Fiscal Year 2017-18 Property Tax Rate to Fund the City Paramedic Program - Approve Resolution 2017-047. The Revenue Collected Will Cover Approximately 67.5% of the $5,317,984 of Estimated Program Costs Resulting in a Shortfall of $1,725,984 Funded by the General Fund.
 
28.   Brea Community Center Landscape Improvements, CIP #7936 - 1) Receive Bids, 2) Award Contract to Clean Cut Landscape in the Amount of $184,017.00, and 3) Authorize the Public Works Director or his Designee to Issue Contract Change Orders up to a "Not to Exceed" Amount of Ten Percent (10%) of the Contract Price. There are Sufficient Funds in the CIP Budget from Fund 420 (Water) and Fund 182 (FARP - Fixed Asset Replacement Fund).
 
29.   Public Storm Drain, Water and Emergency Vehicle Access Easements and Site Maintenance and Restoration Agreement for La Floresta Planning Area 1 - 1) Adopt Resolution 2017-048 Summarily Vacating An Irrevocable Offer of Dedication of A Public Storm Drain Easement, 2) Accept Dedication of Public Storm Drain, Water and Emergency Vehicle Access Easements and Authorize City Clerk to record the easements, and 3) Approve Site Maintenance and Restoration Agreement and Authorize City Clerk to record the agreement.
 
30.   Laurel Elementary Magnet School/Lagos de Moreno Park Upgrades, Project 7929 – 1) Adopt Resolution 2017-049 to Appropriate an Additional $915,000 from the Park Development Fund (Fund 250) for Project Construction, Contingency, and Administration; 2) Receive Bids and Award Contract to Lucas Builders, Inc. in the Amount of $1,799,000.00; and 3) Authorize the Public Works Director or his Designee to Issue Contract Change Orders up to a “Not to Exceed” Amount of Ten Percent (10%) of the Contract Price.
 
31.   Fiscal Year 2017-18 Appropriations Limit - Adopt Resolution 2017-050 Approving the Fiscal Year 2017-18 Appropriations Limit.
 
32.   Professional Services Agreement with CPSI for Right-of-Way Acquisition Services for SR-57 / Lambert Road Interchange Improvements, Project 7251 - Approve Professional Services Agreement (PSA) with CPSI in the Amount of $110,500 Plus $22,100 (20%) Contingency; Totaling $132,600.
 
33.   Amendments to Legal Services Agreements - Approve Amendment No. 6 to the Amended and Restated Agreement for Professional Legal Services dated July 1, 2004 Between the City of Brea and Richards, Watson & Gershon, Inc. and Amendment No. 3 to the Amended and Restated Agreement for Professional Legal Services dated July 1, 2004 between the Successor Agency to the Brea Redevelopment Agency and Richards, Watson & Gershon, Inc. It is Anticipated that the New Rate Structure Will Result in an Increase of Approximately $25,000 for the City and Approximately $2,500 for the Successor Agency Annually.
 
34.   Assignment of Existing Ground Sublease and Execution of Further Sublease Pertaining to Embassy Suites (Assignment by Nesbitt Partners Brea Venture, Ltd., to Brea PropCo LLC and Further Sublease by Brea PropCo LLC to Brea OpCo LLC) - 1) Approve Consent to Assignment of Ground Sublease (Pertaining to the Assignment of Leasehold Interest by Nesbitt Partners Brea Venture, Ltd. to Brea PropCo LLC, With Respect to the Land Occupied by the Embassy Suites Hotel), 2) Approve Consent to Sublease (Pertaining to a Sublease by Brea PropCo LLC to Brea OpCo LLC of the Embassy Suites Hotel), and 3) Authorize Each of the Mayor (or in the Mayor’s Absence, the Mayor Pro Tem), and the City Manager to Execute, on Behalf and in the Name of the City, the Consent to Assignment of Ground Sublease and the Consent to Sublease, Each Substantially in the form Presented to the City Council and, in Consultation with the City Attorney, Other Documents Relating to Such Assignment and Sublease.
 
35.   Treasurer's Report for the City of Brea for Period Ending April 30, 2017 - Receive and File.
 
36.   April Outgoing Payment Log and May 19 & 26 and June 2, 2017 City Check Registers - Receive and File.
 
CITY/ SUCCESSOR AGENCY - CONSENT
 
37.   Treasurer's Report for the Successor Agency to the Brea Redevelopment Agency for Period Ending April 30, 2017 - Receive and File.
 
38.   May 26, 2017 Successor Agency Check Register - Receive and File.
 
ADMINISTRATIVE ANNOUNCEMENTS
 
39.   City Manager
 
40.   City Attorney
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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