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BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING

MINUTES
June 6, 2017
             

CLOSED SESSION
5:45 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session meeting to order at 5:45 p.m., all members were present.
Present: Hupp, Parker, Marick, 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 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
Mayor Hupp called the Study Session meeting to order at 6:16 p.m., all members were present.
             
5. Public Comment
Debbie Lewis asked staff to clarify the properties to be used for alternative uses and expressed concern about the age of the photos that were included in the plan.
             
6. Clarify Regular Meeting Topics
Mayor Hupp announced that Item 30 (Laurel Elementary Magnet School/Lagos de Moreno Park Upgrades, Project 7929) will be pulled and Assistant City Manager/Community Services Director Emeterio will make a brief presentation on the item.
             
DISCUSSION ITEMS
             
7. Designate Voting Delegate and Alternate for League of California Cities Annual Conference September 13 – 15, 2017 in Sacramento
Mayor Hupp was designated as the voting delegate and Mayor Pro Tem Parker was designated as the voting alternate.
             
8. Central City Core Market Land Use Study
Community Development Director Crabtree introduced Steve Gunnells from Placeworks and stated that the areas being used for alternative uses has not been identified yet, but will be identified during the study and noted that the photographs included in the study are from the Community Development database.

City Planner Lilley specified that the Market Analysis is not the Specific Plan for the City and is only provided to inform as the City moves forward to set the framework for land work in the future and noted that the plan will be continuously revised.

Placeworks consultant Gunnells presented a PowerPoint that included: the purpose of the plan, boundary map, retail market demand, retail summary, residential market demand, residential summary, office and industrial summary, lodging, entertainment, online shopping, generational transitions, and specific plan recommendations.

In response to Council questions, Placeworks consultant Gunnells and Community Development Director Crabtree clarified that the interviews conducted in preparation of the study helped to focus the study on entertainment development options; indicated that seven (7) property owners in the City were interviewed; stated that Phase One (1) provides information that can help determine which market demands the City will accommodate; and explained that Phase Two (2 ) of the study will guide the following: writing of the Specific Plan, CEQA analysis, economic impact, and identify what areas may be used for alternative uses.
             
REPORTS
             
9. Council Member Report
None.

Mayor Hupp adjourned the Study Session meeting at 7:03 p.m.
             
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the General Session meeting to order at 7:10 p.m., all members were present.
             
10. Pledge of Allegiance
Brea Police Explorer Post 822 led the Pledge of Allegiance.
             
11. Invocation
Pastor Mike O'Brien, Downtown Chapel, delivered the invocation.
             
12. Presentation: Mayor's Youth Awards
Mayor Hupp introduced the Mayor's Youth Community Service Awards recipients and recognized them on behalf of the Brea City Council and the Brea Community for their volunteer contribution.
             
13. Presentation
Mayor Hupp introduced a History of Brea video titled "Those Mysterious Bricks."
             
14. Report - Prior Study Session
City Manager Gallardo provided the prior study session report.
             
15. Community Announcements
Council Member Marick announced that there is free admission to summer family entertainment. Free popular family events will keep residents entertained this Centennial summer. Family Films begin on Fridays, June 16 to July 21 at 8 p.m. Popular movies shown on a gigantic outdoor screen that makes for a fun summer evening out at Arovista Park. A Brea tradition! Celebrate the fourth with family and friends at the Country Fair, July 4, 7 a.m. to 4 p.m. at City Hall Park. Concerts in the Park start Wednesdays from July 5 to August 16, 6:30 - 8 p.m. Enjoy free entertainment featuring music in different genres at City Hall Park. Another Brea Tradition! Music, food, drink and free admission to make Brea Fest a popular budget-friendly event at the Civic & Cultural Center, Friday, August 18, 6:30-10 p.m. You can find more information on all of these events at BreaSpecialEvents.com

Council Member Simonoff announced that The Orange County Transportation Authority continues its work to build and maintain infrastructure and plan for services for future needs. The public is encouraged to weigh as OCTA prepares the next Transit Master Plan. Please participate by going online to octransitvision.com. He also announced that Citrus trees in Brea could be in danger from an incurable plant disease known as HLB. Several neighboring communities have discovered infected trees and quarantines are in place. HLB is transmitted via a small pest, the Asian citrus psyllid (silly-id). Although there is no danger to humans or pets, once the tree is infected, there is no cure and the tree must be removed. There are some proactive measures that a homeowner can take to help prevent infestation. You can get more information and see related photos at CaliforniaCitrusThreat.org. Please, inspect your citrus trees regularly for any signs of the Asian citrus psyllid and HLB. Report symptoms by calling 800-491-1899. You can also request a free inspection by trained agriculture officials. Lastly, he announced that the semi-annual fitness membership sale at the Brea Fitness Center is now underway through June 30. Don't miss this limited time special. Adult memberships as low as $15.25 per month. See BreaFitness.com for more information.

Tim Harvey and Bev Perry, Chairs of the Centennial Steering Committee, provided the Brea Centennial Update and introduced the Brea Centennial Parade and Picnic video.
             
16. Matters from the Audience
Sean Thomas commended the Mayor's Prayer Breakfast event and expressed concern about comments made by an Orange County Board of Supervisors member regarding hate crimes in the County of Orange.

Kari Windes and Joseph Covey, Brea Education Foundation representatives, discussed upcoming events and fundraisers.

Christy Russell discussed the emergency water company Puritas, and asked Council to consider sharing the idea with other cities.

Bill Hall thanked the City Council for recognizing students, praised staff for the Brea Centennial Parade and Picnic video, and expressed concern on Item 25 (Elevator Change Order Options for the Brea Superblock I Parking Structure Project, CIP 7903), stating that it is not necessary to have a glass elevator and suggested that Council consider asking those who requested the elevator changes to participate in the expense of the project.
             
17. Response to Public Inquiries - Mayor / City Manager
None.
             
PUBLIC HEARINGS FOR THE CITY COUNCIL, SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY, BREA PUBLIC FINANCING AUTHORITY, BREA COMMUNITY BENEFIT FINANCING AUTHORITY, AND THE MIDBURY ASSESSMENT AUTHORITY

Administrative Services Director Russell and City Engineer Kooyman presented a PowerPoint that included: FY 2017-18 budget process, work to date, top priorities, new and different, agenda for budget, economic outlook, sales tax trends, sales tax forecasting, Calpers facts, Calpers active vs. retirees, projected change in PERS costs, general fund revenues, budget assumptions, five year projections with decision packages, looking ahead, Successor Agency budget, FY 2017-18 public financing authority budget, FY 2017-18 Brea Community Benefit Financing Authority budget, FY 2017-18 Midbury Assessment Authority Budget; Capital Improvement Program Budget goals, 7-Year CIP categories, significant projects completed, significant projects under/going into construction, projects under/going into design, new projects, FY 2017-18 summary of expenditures by fund, and 2017-18 CIP projects with proposed FARP funding.

In response to Council questions, staff clarified the following: the City moved forward with a one year budget rather than a two (2) year budget; stated that the fiscal year shortfall for FY 2017-18 was about 1 million dollars and is projected to be approximately 3.2 million by 2022; explained conservative vs. objective budgeting; confirmed that the elimination of two (2) Public Works positions provided a more realistic estimate of the budget; discussed staffing changes that helped in reducing labor costs; and elaborated on the SR-57/Lambert Interchange project, its' current status and funding.

Mayor Hupp opened the public hearings.

Christy Russell expressed concern about the cost of the Clover Leaf Project and its impact on traffic improvement.

Mayor Pro Tem Parker directed staff to clarify the other benefits of the aforementioned project. City Engineer Kooyman clarified that in addition to the traffic improvements going in all directions, the project also includes landscaping, enhancement to mitigation of sound, and upkeep to the walls and other structures in the interchange.

Council Member Vargas noted that there will be an economic benefit to the Brea Community.

Hearing no further public testimony, Mayor Hupp closed the public hearings.

Council Member Marick noted that Council should express agreement for the decision packages and noted her objection to the Commercial Enforcement Officer position being funded by Fund 140.
             
18. Public Hearing to Consider the Adoption of the City of Brea FY 2017-18 Operating Budget
             
19. Public Hearing to Consider the Capital Improvement Program Budget For Fiscal Year 2017-2018
  Motion was made by Council Member Vargas, seconded by Council Member Simonoff to 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; and Adopt Resolution 2017-041 for the Capital Improvement Program (CIP) Budget for FY 2017-2018 as Presented in the Proposed Seven-Year CIP Document.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
20. Public Hearing to Consider Adoption of 2017-18 Operating Budget for the Brea Community Benefit Financing Authority

Resolution 2017-042
was corrected to include a Brea Community Benefit Financing Authority Resolution Number, Resolution BCBFA 2017-01.
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Adopt Resolution BCBFA 2017-01 Appropriating Funds for the Brea Community Benefit Financing Authority 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
21. Public Hearing to Consider Adoption of 2017-18 Operating Budget for the Brea Public Financing Authority

Resolution 2017-043
was corrected to include a Brea Public Financing Authority Resolution Number, Resolution A-2017-01.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Resolution A-2017-01 Appropriating Funds for the Brea Public Financing Authority 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
22. Public Hearing to Consider Adoption of  2017-18 Operating Budget for the Midbury Assessment Authority Commission

Resolution 2017-044 was corrected to include a Midbury Assessment Authority Commission Resolution Number, Resolution M-01-2017.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Resolution M-01-2017 Appropriating Funds for the Midbury Assessment Authority Commission 2017-18 Operating Budget, As Presented in the 2017-18 Proposed Budget Document.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
23. Public Hearing to Consider the Adoption of the Successor Agency to the Brea Redevelopment Agency 2017-18 Operating Program Budget

Resolution 2017-045
was corrected to include a Successor Agency Resolution Number, Resolution SA 2017-08.
  Motion was made by Council Member Vargas, seconded by Council Member Simonoff to Adopt Resolution SA 2017-08 Appropriating Funds for the Successor Agency to the Brea Redevelopment Agency 2017-18 Proposed Operating Program Budget.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, 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."
             
24. Update to the City of Brea Long-Term Debt Policy Required for Future Issuance of Bonds and Other Debt Obligations
Finance Manager Squire provided background information on the Long-Term Debt Policy Required for Future Issuance of Bonds and Other Debt Obligations.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Resolution 2017-046 Approving the City of Brea Local Debt Policy and Taking Related Actions.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
25. Elevator Change Order Options for the Brea Superblock I Parking Structure Project, CIP 7903
City Engineer Kooyman presented a PowerPoint that included the elevator history, plans from the RFP, proposals, elevator glass design, and options.

In response to Council questions, City Engineer Kooyman explained what will happen with the extra space if there is one elevator, discussed the approximate passenger capacity of the elevators, stated that having one elevator will still meet code requirements, clarified that the Birch Street elevator will not be built if Council decided to go with one elevator, discussed safety factors, noted that additional costs are related to the number of days that will be added to the project if there are changes to the existing proposal, agreed that there might be possible savings in other parts of the project to offset the cost of adding glass elevators, clarified that there is nothing in the contract with the vendor that guarantees they get a certain amount of money each day, believed that there is a chance that with option three (3) the amount of the parking structure with other changes will be within the amount already budgeted.

City Attorney Markman suggested that Council do not use "not to exceed" because he believed that contractors will usually charge up to the "not to exceed" amount.
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Approve Option Three (3), Which Would Provide One Glass Elevator at the Paseo Location and Eliminate the Elevator at Birch Street Location and Directed the City Engineer to Negotiate the Deletion of the Office, AIr Conditioning Unit, and Other Changes to Offset the Additional Cost of the Glass Elevator.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, 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
             
26. May 16, 2017 City Council Regular Meeting Minutes
The City Council Approved the May 16, 2017 City Council Regular Meeting Minutes.
             
27. Fiscal Year 2017-18 Property Tax Rate to Fund the City Paramedic Program
The City Council Approved Resolution 2017-047 to Fund the City Paramedic Program.
             
28. Brea Community Center Landscape Improvements, CIP #7936
The City Council 1) Received Bids, 2) Awarded Contract to Clean Cut Landscape in the Amount of $184,017.00, and 3) Authorized 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.
             
29. Public Storm Drain, Water and Emergency Vehicle Access Easements and Site Maintenance and Restoration Agreement for La Floresta Planning Area 1
The City Council Adopted Resolution 2017-048 Summarily Vacating An Irrevocable Offer of Dedication of A Public Storm Drain Easement, 2) Accepted the Dedication of Public Storm Drain, Water and Emergency Vehicle Access Easements and Authorized City Clerk to record the easements, and 3) Approved the Site Maintenance and Restoration Agreement and Authorized City Clerk to record the agreement.
             
30. Laurel Elementary Magnet School/Lagos de Moreno Park Upgrades, Project 7929
Assistant City Manager/Community Services Director Emeterio discussed the parties involved in completing the upgrades, described the new additions made to the park, and elaborated on the recommendations made to Council.

Mayor Hupp and Mayor Pro Tem Parker expressed concern for the amount of money charge for state inspection fees.

The City Council 1) Adopted Resolution 2017-049 to Appropriate an Additional $915,000 from the Park Development Fund (Fund 250) for Project Construction, Contingency, and Administration; 2) Received Bids and Awarded Contract to Lucas Builders, Inc. in the Amount of $1,799,000.00; and 3) Authorized 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
The City Council Adopted 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
The City Council Approved a Professional Services Agreement (PSA) with CPSI in the Amount of $110,500 Plus $22,100 (20%) Contingency.
             
33. Amendments to Legal Services Agreements 
The City Council Approved 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) 
The City Council 1) Approved 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) Approves Consent to Sublease (Pertaining to a Sublease by Brea PropCo LLC to Brea OpCo LLC of the Embassy Suites Hotel), and 3) Authorizes 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
Received and Filed.
             
36. April Outgoing Payment Log and May 19 & 26 and June 2, 2017 City Check Registers
Received and Filed.
  Motion was made by Council Member Vargas, seconded by Council Member Simonoff to Approve Consent Calendar Items 26-36.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
CITY/ SUCCESSOR AGENCY - CONSENT
             
37. Treasurer's Report for the Successor Agency to the Brea Redevelopment Agency for Period Ending April 30, 2017
Received and Filed.
             
38. May 26, 2017 Successor Agency Check Register
Received and Filed.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Approve City/Successor Agency Consent Calendar Items 37-38.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
ADMINISTRATIVE ANNOUNCEMENTS
             
39. City Manager
City Manager Gallardo recognized staff for their contribution to the completion of the budget.
             
40. City Attorney
None.
             
COUNCIL ANNOUNCEMENTS
Council Member Vargas acknowledged D-Day, June 6, 1944 and thanked all veterans and their families.
             
ADJOURNMENT
Mayor Hupp adjourned the General Session meeting at 10:05 p.m.
Respectfully submitted, The foregoing minutes are hereby
approved this 20th day of June 2017.




_________________________________     
Lillian Harris-Neal, City Clerk




________________________________     
Cecilia Hupp, Mayor

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