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BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING

MINUTES
November 21, 2017
             
STUDY SESSION
6:00 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Study Session to order at 6:00 p.m., all members were present except for Council Member Marick.
Present: Hupp, Parker, Simonoff, Vargas
Absent: Marick
             
1. Public Comment - None
             
2. Clarify Regular Meeting Topics
Regarding Item 16 (November 7, 2017 City Council Regular Meeting Minutes) - Mayor Hupp asked the City Clerk to make the following amendments: Item 19 (Legislative Briefing) - add that the real estate transaction fee is $75 but could be as much as $225. Regarding Item 20 (Review of Process for Selection and Removal of Council Appointed Commissioners) - add that Council Member Vargas seconded her motion but later withdrew it.

Regarding Item 16 (November 7, 2017 City Council Regular Meeting Minutes) - Council Member Vargas asked the City Clerk to make the following amendments: Item 20 (Review of Process for Selection and Removal of Council Appointed Commissioners) - add wording that he was disappointed that the item was added as an Administrative Item and expressed that it was a political play.
             
DISCUSSION ITEMS
             
3. Brea Water Rate Update
Administrative Services Director Russell provided the background, discussed the goals, provided the three (3) rate scenarios, discussed the drought rates, noted that the State reduced the water conservation regulation from stage 2 to stage 1, reported that the water usage did not go up, and recommended that the City forego increases.

In response to City Attorney Markman's question, Administrative Services Director Russell stated that the projected 6% water usage is based on both new connections and new demand and noted that all approved new development that has not been built, has not been factored in yet.

In response to Council Member Vargas' questions, staff clarified that the loan for the purchase of water rights will be paid in June 2019 and stated if the water demand and rates stay the same, there is no need to adjust water rates for the next 18 months.
             
4. Street Sweeping Contract Options
Public Works Director Olmos presented a PowerPoint that included the background, proposed scenarios, analysis, other options, and bids received.

In response to Council questions, Public Works Director Olmos projected how the General Fund would be affected for the different options; stated that staff will continue to review options and benefits; noted that the process can take 6 months minimum; indicated that the City's current back up sweeper is due to be replaced; suggested that a short term contract with NES be established; provided a cost breakdown for street sweepers; mentioned that if there is a joint contract with other Cities, staff will request separate schedules because each City has different needs; clarified that trash hauling and street sweeping are performed on separate days; provided the next steps; and stated that a letter was received from Brea City Employees Association (BCEA) regarding street sweeping.
             
REPORT
             
5. Council Member Report
Council Member Simonoff reported that he attended the National League of Cities Conference (NLC) where they discussed revenue loss and fees to offset revenue loss.

Mayor Hupp reported that she also attended the NLC and attended sessions that discussed homelessness and affordable housing. She expressed concern about raising fees for affordable housing resulting in more expensive housing.

Mayor Hupp adjourned the Study Session meeting at 6:43 p.m.
             
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the meeting to order at 7:02 p.m., all members were present.
             
6. Pledge of Allegiance
Girl Scout Troop 1532 led the Pledge of Allegiance.
             
7. Invocation
Pastor Rich Dannenbring, Christ Lutheran delivered the Invocation.
             
8. Commendation:
Mayor Hupp commended the Brea Pop Warner Junior Mighty Mite and Junior Peewee players and coaches for an exceptional season.
             
9. Report - Prior Study Session
City Manager Gallardo provided the prior Study Session report.
             
10. Community Announcements
Council Member Simonoff asked residents to show gratitude by keeping Brea neighbors in mind and to consider year-end giving. He provided the charities within the City that proceeds can go to: Brea Community Emergency Council – Boxes have been set out at the Community Center and City Hall to accept non-perishable food items. Monetary donations are also welcomed to help with the purchase of fresh foods to supplement what is collected. Wish Tree – Gift cards are needed to support case management work done throughout the year by Brea Resource Center. Spark of Love/Toys for Tots – Add one extra surprise to your gift shopping! Donations of new toys, games, electronics or sporting equipment are collected at Brea Fire Stations for distribution to children and teens in need.

Mayor Pro Tem Parker announced that the Tree Lighting Ceremony will be on December 7. You can bring the family out to the Civic & Cultural Center on the front steps at 6:30 p.m. It’s a wonderful way to get into the holiday spirit. He also announced that it's Christmas at the Curtis. Upcoming shows at the Curtis Theatre will bring the Christmas spirit alive. On December 2, “An Irish Christmas in America” takes the stage. Then on December 16 and 17, the Alley Cats will put their unique a capella style on some of your favorite holiday tunes. Get full details at curtistheatre.com.
             
11. Matters from the Audience
Finance Manager Lee Squire thanked Council for the Brea Veteran's ceremony.

Sean Thomas discussed stolen bicycles and homelessness near the Tracks at Brea.

Eric Chan urged Council to reconsider passing the Zoning Ordinance amendment for commercial cannabis uses and cannabis cultivation.

Heidi Gallegos encouraged residents to "Shop Brea" and to support "Small Business Saturday". She also stated that there are free Lyft and Uber rides for shopping.

Keith Fullington expressed concern about the homeless in Orange County and encouraged residents to attend the Ladycats Classics from November 27 to December 2.
             
12. Response to Public Inquiries - Mayor / City Manager
Police Chief Conklin responded to public inquiries.
             
PUBLIC HEARING - 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.
             
13. Zoning Ordinance Amendment No. ZOA 17-01, Commercial Cannabis Uses and Cannabis Cultivation
City Planner Lilley provided the background, the previous actions, and suggested that Council approve the Ordinance for first reading.

Mayor Hupp opened the public hearing

Sean Thomas stated he researched the number of cities in Orange County that allows sale/cultivation of marijuana.

Eric Chan stated that crime increase due to marijuana sale/cultivation has not been proved.

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

In response to Council Member Simonoff's question, City Attorney Markman stated that if the City does not pass the ordinance before January, the State will have control. 

Council Member Vargas stated that Council addressed medical marijuana in 2015, expressed concern that the State does not have many regulations, and expressed support for approving the proposed ordinance.

Mayor Pro Tem Parker stated that approving the ordinance keeps control in the City's hands and hoped that federal legislation will undertake the scientific studies to prove the benefit, quantity, etc. for medical marijuana usage.
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Introduce Ordinance 1200 for First Reading by Title Only and Waive Further Reading, Approving Zoning Ordinance Amendment No. ZOA 17-01, and Related Municipal Code Amendments, Prohibiting All Medical and Non-Medical Commercial Cannabis and Non-Medical Commercial Cannabis Activity, Prohibiting Outdoor Cultivation, and Regulating Indoor Cannabis Cultivation, Consistent with State Law.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Simonoff, Council Member Vargas
Other: Council Member Marick (ABSENT)
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."
             
14. Purchasing System Update
City Attorney Markman Read the Title of Ordinance for Second Reading.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Ordinance 1198 Amending Chapter 3.24 of the Brea City Code for Second Reading by Title Only and Waive Further Reading.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Simonoff, Council Member Vargas
Passed
             
15. Public, Education and Governmental (PEG) Programming Access Supporting Fee Reauthorization Ordinance
City Attorney Markman Read the Title of Ordinance for Second Reading.
  Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Ordinance 1199 Reauthorizing and Readopting the City’s Public, Educational, and Governmental Access Support Fee” by Four-Fifths Vote - Second Reading by Title Only and Waive Further Reading.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, 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
             
16. November 7, 2017 City Council Regular Meeting Minutes -
The City Council Approved the November 7, 2017 City Council Regular Meeting Minutes, as Amended.
             
17. Maintenance Agreement to Sancon Engineering Inc. for Cured-in-Place Pipe (CIPP) Sewer Mainline Relining 
The City Council 1) Awarded a Contract to Sancon Engineering, Inc. for Relining Sewer Mainline Pipe with Cured-in-Place-Pipe (CIPP) at Identified Locations Within the City of Brea for a Period of One (1) Year, with the Opportunity to Renew the Contract for Four (4) Additional Years, and 2) Authorized the City Manager to Approve the Contract Renewals.
             
18. November 9 and 17, 2017 City Check Registers
Received and Filed.
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Approved Consent Calendar Items 16-18.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Simonoff, Council Member Vargas
Passed
             
ADMINISTRATIVE ANNOUNCEMENTS
             
19. City Manager
None.
             
20. City Attorney
None.
             
COUNCIL ANNOUNCEMENTS
None.
             
ADJOURNMENT
Respectfully submitted, The foregoing minutes are hereby
approved this 5th day of December, 2017.




_________________________________     
Lillian Harris-Neal, City Clerk




________________________________     
Glenn Parker, Mayor

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