Agenda

CLOSED SESSION

5:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session meeting to order at 5:15 p.m., all members were present except for Council Member Vargas.

Present:	Hupp, Parker, Marick, Simonoff
Absent:	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 Legal Counsel - Anticipated Litigation - Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9. (1 case)

3.

Conference with Real Property Negotiator (G. C. §54956.8)

Address: 323 N. Brea Blvd.
Negotiator: David Crabtree, City of Brea
Under Negotiation: Sale of Property

4.

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

5.

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

STUDY SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Study Session meeting to order at 6:30 p.m., all members were present except for Council Member Vargas.

6.

Public Comment
None.

7.

Clarify Regular Meeting Topics
City Clerk Harris-Neal read an email from Council Member Vargas concerning agenda item 21 (Professional Services Agreement with EMG to Conduct a Fixed Asset Replacement Program Reserve Study and Prepare an ADA Transition Plan).

DISCUSSION ITEM

8.

Professional Services Agreement for Fixed Asset Replacement Fund (FARP) Reserve & Americans with Disabilities Act (ADA) Transition Plans
Public Works Director Olmos introduced Erik Piller, EMG Senior Vice President, and presented a PowerPoint that included the following: the background, Facility Condition Assessment (FCA) scope of work, FCA final report, FCA database, FCA cost & schedule, American with Disabilities Act Transition Plan (ADATP) scope, ADATP final report & database, ADATP cost & schedule, total project cost, cost evaluation, items to consider, and staff recommendation.

In response to Council questions, Public Works Director Olmos and Mr. Piller stated that the maintenance fee of $3,600 includes licensing for multiusers, consultant’s support, and backup to the cloud; noted that if the City’s operating system changes, the EMG database will be compatible because it is cloud based; and clarified that the City will identify deficiencies in street improvements that will be handled by the pavement management program and budgeted into the Capital Improvement Projects for improvements.

Council directed staff to remove the 10% contingency from the FCA agreement.

REPORTS

9.

Development Committee Report
Community Development Director Crabtree reported that the Development Committee discussed a development agreement for a new hotel. He noted that there was no objection and stated that the committee indicated that they would want to know more information on the intended market, role and fit, and parking considerations for the hotel.

Council Member Marick indicated that the superblock parking structure currently in development was not intended to be an overnight parking structure and thus, parking should be a key element in consideration of a hotel project; and noted that the brand of a proposed hotel and in particular, the service level and type of hotel are important.

City Attorney Markman, indicated that Council can provide input on the brand of the hotel and may also set the price per square foot.

Mayor Pro Tem Parker noted that the Central City Core Market Study indicated that there will be a need for 400 more hotel rooms in North Orange County.

10.

Council Member Report
None.

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 7:08 p.m., all members were present except for Council Member Vargas.

11.

Pledge of Allegiance
The Brea Police Explorer Post 822 led the Pledge of Allegiance.

12.

Invocation
Pastor Daniel Mendoza, Celebration Worship Center, delivered the invocation.

13.

Brea Firefighters’ Association Presentation
The Brea Firefighters’ Association presented the City Council with commemorative Centennial Brea Fire Department Badges.

14.

Presentation
Mayor Hupp introduced a History of Brea video titled, "Thank you Mr. Shaffer."

15.

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

16.

Community Announcements
Mayor Pro Tem Parker announced that the after school program registration begins soon. Registration begins next week for Brea’s 2017-18 After School Program for K-6th Grade. Parents need to register in person at the Brea Community Center. After school care begins on August 29 at the Brea Community Center from 2:30 to 6:30 p.m., Monday through Friday. He also announced that the Brea Art Gallery is presenting its' Clay & Glass Biennial exhibition open from July 22 through September 15. The exhibit features works ranging from blown, fused, and stained glass to hand-built and wheel thrown ceramics. Join the City of Brea for the opening reception July 22 from 7-9 p.m. Visit: BreaGallery.com for more information. Lastly, he announced that Brea's Youth Theatre returns this summer with Stagelight Productions’ performance of Disney's the Little Mermaid on stage weekends from July 13-30. Purchase tickets at CurtisTheatre.com.

Council Member Simonoff announced the free summer fun at Concerts in the Park and Family Films event. The sounds of country music are featured on July 12 at Concerts in the Park. Join friends and family for an outdoor concert by SMITH, the Band at 6:30 p.m. at City Hall Park. Concerts continue through August 16. He also announced that Moana is the featured movie this Friday, July 14, at the Arovista Park Amphitheatre beginning at 8:00 p.m. (or dusk). Family films runs through July 21. For more information on either of these events, please visit CityofBrea.net. Lastly, he announced that National Night Out is scheduled for August 1. Mark your calendar and plan to be there for “National Night Out” on Tuesday, August 1, from 4:00 – 7:00 p.m. Brea’s public safety and community services personnel are hosted again by Target, the nationwide event sponsor, and the Brea Marketplace Shopping Center. The event features various displays and activities, which highlight public safety and build positive community partnerships, music, refreshments and fun. Visit: CityofBrea.net for more information.

17.

Matters from the Audience
Harriet Fritts asked Council to clarify if the City had an ordinance establishing distance requirements between a school and establishments selling liquor.

Dan Dworak discussed a letter received from the City of Brea Public Works Department addressing the Imperial Highway Greenbelt Improvement and expressed concern about funding coming from residents rather than the City.

Sean Thomas thanked Council for their attention and support during the meeting with Brea Envisions Committee; thanked residents who contributed to and participated in the Brea Envisions Committee events; and urged Council to direct staff to add more trash cans and dog bag dispensers along the trails.

Carl Colm requested more police presence in the Eagle Hills area during the early weeks of December to assist in controlling traffic; expressed concern about driveways in his area being blocked by parents picking up their children at Olinda Elementary School; and stated that the sprinkler system on the dirt fields at Tamarack Park is not properly functioning.

Keith Fullington announced that Brea's Centennial Night at the Angel vs. Nationals baseball game will be on Tuesday, July 18; noted that the Hines project should have been appealed; and discussed the Hines project impact on traffic in the surrounding neighborhoods.

18.

Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo, Public Works Director Olmos, and City Attorney Markman responded to public inquiries.

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

19.

June 20, 2017 City Council Regular Meeting Minutes
Mayor Hupp and Council Member Simonoff abstained from this item.
The City Council Received and Filed the June 20, 2017 City Council Regular Meeting Minutes.

20.

June 22, 2017 City Council Special Meeting Minutes
The City Council approved the June 22, 2017 City Council Special Meeting Minutes.

21.

Professional Services Agreement with EMG to Conduct a Fixed Asset Replacement Program Reserve Study and Prepare an ADA Transition Plan
The City Council Approved the Professional Service Agreement with EMG to Conduct a Fixed Asset Replacement Program Reserve Study and Prepare an ADA Transition Plan in the Total Amount of $321,148; Authorized the City Manager or his Designee to Approve Additional As-Needed Tasks in the Cumulative Amount Not-to-Exceed 10 Percent of the Agreement Amount; and Appropriated Funds in the Amount of $107,000 from the Fixed Asset Replacement Fund (182).

22.

Annual Vehicles and Equipment Purchase Plan for Fiscal Year 2017-18
The City Council Authorized the Purchasing Agent to Issue Purchase Orders in an Amount Not-to-Exceed $855,600 (Plus Applicable Taxes) for Various City Vehicles and Equipment Described in the Annual Vehicles and Equipment Purchase Plan for Fiscal Year 2017-18 from Equipment and Vehicle Maintenance Fund (480).

23.

La Floresta Sewer Lift Station Maintenance Agreement with Jamison Engineering Contractors, Inc.
The City Council Approved the Sewer Lift Station Maintenance Agreement in the Amount of $24,296 from Sewer Fund (430).

24.

A Resolution of the City Council Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the City of Brea Central Core Connectivity and Active Transportation Plan
The City Council Adopted Resolution No 2017-053, Authorizing the City Manager or Designee to Execute Agreements for the $198,793 Grant Awarded to the City.

25.

MOU Between the City of Brea and the Brea Management Association (Non-Safety)
The City Council Adopted Resolution No 2017-054, Approving the Memorandum Of Understanding (MOU) with the Brea Management Association (Non-Safety).

26.

Part-Time Employment and Benefits Policy
The City Council Adopted Resolution No 2017-055, Approving the Part-Time Employment and Benefits Policy.

27.

MOU Between the City of Brea and the Brea City Employees’ Association
The City Council Adopted Resolution No 2017-056, Approving the Memorandum Of Understanding (MOU) with the Brea City Employees’ Association.

28.

MOU Between the City of Brea and the Brea Fire Management Association
The City Council Adopted Resolution No 2017-057, Approving the Memorandum Of Understanding (MOU) with the Brea Fire Management Association.

29.

Acceptance of Contract and Notice of Completion for Contract with R Dependable Construction, Inc. for the Police Department Remodel, CIP Project No. 7930
The City Council Accepted the Project as Complete and Authorized the City Clerk to Record Notice of Completion; and Authorized City Clerk to Release the Payment and Performance Bond Upon Notification from the Public Works Department.

30.

Amendment No. 6 to Professional Services Agreement with Ninyo and Moore for Additional Environmental and Geotechnical Services for the Tracks at Brea, Project 7873
The City Council Approved Amendment to the Professional Services Agreement with Ninyo and Moore in the Amount of $421,433.

31.

Professional Services Agreement for Auditing Services with Vavrinek, Trine, Day & Co.
The City Council Approved the Agreement for the Annual Financial Audit of the City of Brea in the Amount of $63,000 for Fiscal Year 2016-17 with no Annual Increase through Fiscal Year 2018-19, with the Audit Fee for the Last Two (2) Fiscal Years of $64,260 and $65,545.

32.

Payment Agreement Between the City and The Retail Property Trust
The City Council Approved a Payment Agreement with The Retail Property Trust, for the City’s payment of $10,000 in Consideration of The Retail Property Trust’s Execution and Delivery of a Second Amendment to the Brea Mall Owner Participation Agreement; Authorized the Mayor (or, in the absence, the Mayor Pro Tem) to Execute the Payment Agreement; and Authorized the City Manager and other City Officers to Take all Other Necessary or Appropriate Actions to Effect and Implement the Payment Agreement.

33.

Treasurer's Report for the City of Brea for Period Ending May 31, 2017
Received and Filed.

34.

June 23 & 30 and July 7, 2017 City Check Registers
Received and Filed.

Motion was made by Mayor Pro Tem Parker, seconded by Council Member Simonoff to Approve Consent Calendar Items 19-34, noting Mayor Hupp and Council Member Simonoff's abstention from Item 19 (June 20, 2017 City Council Regular Meeting Minutes).

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

CITY/ SUCCESSOR AGENCY - CONSENT

35.

Second Amendment to the Brea Mall Owner Participation Agreement OPA
The City/Successor Agency Adopted Resolution No SA 2017-09, Approving the Attached Second Amendment (“Second OPA Amendment”) to the Brea Mall Owner Participation Agreement (“Brea Mall OPA”).

36.

June 23, 2017 Successor Agency Check Register
Received and Filed.

37.

Treasurer's Report for the Successor Agency to the Brea Redevelopment Agency for Period Ending May 31, 2017
Received and Filed.

Motion was made by Council Member Simonoff, seconded by Council Member Marick to Approve the City/Successor Agency Consent Items 35-37.

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

ADMINISTRATIVE ANNOUNCEMENTS

38.

City Manager
None.

39.

City Attorney
None.

COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Hupp adjourned the meeting at 7:45 p.m.

Print Minutes Return
BREA CITY COUNCIL SUCCESSOR AGENCY TO THE BREA REDEVELOPMENT AGENCY MEETING MINUTES July 11, 2017