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BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING

MINUTES
December 5, 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.
Present: Parker, Marick, Hupp, Simonoff, Vargas
             
1. Public Comment
None.
             
2. Clarify Regular Meeting Topics
Regarding Item 18 (November 21, 2017 City Council Regular Meeting Minutes), it was the consensus of Council that the City Clerk will remove individual remarks made by Council to assure that the minutes reflect "action only."

Regarding Item 21 (Professional Services Agreement with Trinity Sound Company), Mayor Hupp asked for clarification on the cost for services. She requested that the item be pulled until clarification is given.
             
DISCUSSION ITEMS
             
3. City-Wide Fee Updates – Follow Up
Administrative Services Director Russell presented a PowerPoint that included the fee study background; a matrix of the three (3) benefit types; industry trends in cost recovery policy; Brea fee study results; cost allocation; deposit-hourly rate results; and examples of different fees.

In response to Council questions, staff stated that the last development fee increase did not include the hourly rates; provided an example of staff's process for submitting a water heater permit; noted that at this time there is no charge for the first re-inspection; clarified that State fees are paid at the time of issuance; added that contractors that the City uses for these services are paid a minimum of four (4) hours; discussed permit fees; agreed to bring the item back with recommendations on flat fees; verified that parking permits are checked on a complaint basis only; reported that with fewer cars on the street, the less opportunity for crime; and discussed driveway encroachment fees.
             
4. Public Assembly Regulations
Deputy City Attorney Boga presented a PowerPoint that included: public assembly background for the City of Brea; the key components of the proposed ordinance; public assembly definition; requirement for an assembly permit; prohibited conduct; sound amplification devices; and indemnity and service charges.

In response to Council questions, Counsel stated that 75 or more participants for public assembly is suggested because there is case law that supports the amount, discussed the types of conduct allowed, and noted that the ordinance will not establish a fee.

Council discussed disturbance of businesses in the downtown area and they also discussed the number of participants that can protest in the downtown area versus other areas within the City.
             
REPORT
             
5. Council Member Report
None.
             
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL/AGENCY/AUTHORITY/CORPORATION/COMMISSION
Mayor Hupp called the General Session to order at 7:07 p.m., all members were present.
             
6. Pledge of Allegiance
Brea Boy Scout Troop 801 led the Pledge of Allegiance.
             
7. Invocation
Pastor Torrian Scott, Harvest International Church delivered the Invocation.
             
8. Report - Prior Study Session
City Manager Gallardo provided the Prior Study Session report.
             
9. Community Announcements
Mayor Pro Tem Marick urged residents to come to the Tree Lighting ceremony on Thursday, December 7 at the Civic & Cultural Center. The program begins on the front steps at 6:30 p.m. She also invited residents to attend "Christmas with the Alley Cats" a holiday tradition at the Curtis Theatre, December 16 and 17. Get full details at curtistheatre.com.

Council Member Vargas urged residents to sign up for Brea Police Department Citizen Academy starting in the New Year. Learn about Police Services, including Emergency Preparedness, Homeland Security and much more. The Citizen Academy is held at the Civic Center every Wednesday, 6-9 p.m. from January 10-March 21. Call (714) 990-7637 for information and to apply.
             
10. Matters from the Audience
Sean Thomas thanked Mayor Hupp for her service to the community and encouraged residents to get involved.
             
11. Response to Public Inquiries - Mayor / City Manager
None.
             
12. Presentation to Outgoing Mayor
Mayor Pro Tem Parker presented a gavel plaque and commendation to Mayor Hupp for her contribution to the City and presented a gift to Mr. Hupp for his support. He also read a commendation sent for Mayor Hupp from Senator Josh Newman recognizing her for impacting the lives of others. Heidi Gallegos, Brea Chamber of Commerce, presented Mayor Hupp with a certificate commending her for her leadership and passion for the City. Linette Choi from Assemblyman Chen's Office presented Mayor Hupp with a commendation for serving the community.
             
COUNCIL / AGENCY / AUTHORITY/ CORPORATION / COMMISSION REORGANIZATION
             
13. Election of Mayor/Chair and Introductions
  Motion was made by Council Member Hupp, seconded by Council Member Simonoff to elect Council Member Parker as Mayor for 2017-18.
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem Marick, Council Member Simonoff, Council Member Vargas
Passed
             
14. Election of Mayor Pro Tem/Vice Chair, Reseating and Introductions
  Motion was made by Mayor Pro Tem Marick, seconded by Council Member Vargas to elect Council Member Vargas as Mayor Pro Tem.
 
AYES: Mayor Pro Tem Marick, Council Member Vargas
NOES: Council Member Hupp, Mayor Parker, Council Member Simonoff
Failed
  Motion was made by Council Member Simonoff, seconded by Council Member Hupp to elect Christine Marick as Mayor Pro Tem.
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem 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."
             
15. Zoning Ordinance Amendment No. ZOA 17-01, Commercial Cannabis Uses and Cannabis Cultivation
City Attorney Markman read the Ordinance Title for Second Reading.
  Motion was made by Council Member Hupp, seconded by Council Member Simonoff to Adopt Ordinance 1200 for Second 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: Council Member Hupp, Mayor Parker, Mayor Pro Tem Marick, Council Member Simonoff, Council Member Vargas
Passed
             
16. Public Assembly Regulations
Acting Deputy City Attorney Boga presented a PowerPoint that included: the public assembly background for the City of Brea; key components of the proposed ordinance; public assembly definition; requirement for an assembly permit; prohibited conduct; sound amplification devices; and indemnity and service charges.

Council discussed the following: the number of participants that can protest in the downtown area versus other areas within the City, protecting businesses in the downtown area, application fee deadline, and police presence.
  Motion was made by Mayor Pro Tem Marick, seconded by Council Member Hupp to 1) Introduce Ordinance No. 1201 for First Reading by Title Only; 2) revise the 20 participant threshold proposed by staff in section 12.28.030 to 30 or more participants on public property in Downtown Brea; and 3) to revise section 12.28.060 to state that the permit application will have to be submitted at least four (4) days prior to the proposed public assembly regardless of the location of the event.
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem 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
             
17. November 13, 2017 City Council Special Meeting Minutes
The City Council Approved the November 13, 2017 City Council Special Meeting Minutes.
             
18. November 21, 2017 City Council Regular Meeting Minutes
Mayor Pro Tem Marick Abstained From This Item.
The City Council Approved the November 21, 2017 City Council Regular Meeting Minutes.
             
19. Grant Application for the Construction of the SR-57 and Lambert Road Interchange Improvements, Phase 1, Project 7251, to the Orange County Transportation Authority for Funding Under the Comprehensive Transportation Funding Program
The City Council Adopted Resolution 2017-070 Approving Application Submittal for the Construction of the SR-57 and Lambert Road Interchange Improvements.
             
20. Amendment to Professional Services Agreement (PSA) with AKAL Consultants
The City Council Approved Amendment No. 3 to Professional Services Agreement with AKAL Consultants for Additional Project Management Services for the SR-57 & Lambert Road Interchange Improvements, Project 7251.
             
21. Professional Services Agreement with Trinity Sound Company 
The City Council Awarded a Professional Services Agreement to Trinity Sound Company to Provide Curtis Theatre Building Monitor and PA System Upgrade in the Amount of $49,727.
             
22. Monthly Report of Investments for the City of Brea for Period Ending October 31, 2017 
The City Council Received and Filed the Monthly Report of Investments for the City of Brea for Period Ending October 31, 2017.
             
23. September and October Payment Logs and November 24 and December 1, 2017 City Check Registers 
The City Council Received and Filed the September and October Payment Logs and November 24 and December 1, 2017 City Check Registers.
  Motion was made by Council Member Hupp, seconded by Mayor Pro Tem Marick to approve Consent Calendar Items 17-23, except for Item 21 which was pulled by Council Member Hupp and noting Mayor Pro Tem Marick's abstention from Item 18 (November 21, 2017 City Council Regular Meeting Minutes).
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem Marick, Council Member Simonoff, Council Member Vargas
Passed
             
CITY/ SUCCESSOR AGENCY - CONSENT
             
24. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending October 31, 2017
The City/Successor Agency Received and Filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ending October 31, 2017.
             
25. November 24, 2017 Successor Agency Check Register
The City/Successor Agency Received and Filed the November 24 Sucessor Agency Check Register.
  Motion was made by Council Member Hupp, seconded by Council Member Simonoff to approve City/Successor Agency Consent Calendar items 24 and 25.
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem Marick, Council Member Simonoff, Council Member Vargas
Passed
             
BREA ARTS CORPORATION, BREA COMMUNITY BENEFIT FINANCING AUTHORITY, BREA PUBLIC FINANCING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY, AND MIDBURY ASSESSMENT AUTHORITY COMMISSION - CONSENT
  Motion was made by Council Member Hupp, seconded by Council Member Simonoff to appoint the new Mayor as the chair of each authority/commission for 2017-18.
 
AYES: Council Member Hupp, Mayor Parker, Mayor Pro Tem Marick, Council Member Simonoff, Council Member Vargas
Passed
             
ADMINISTRATIVE ANNOUNCEMENTS
             
26. City Manager
None.
             
27. City Attorney
None.
             
COUNCIL ANNOUNCEMENTS
Council Member Vargas congratulated the new Mayor and Mayor Pro Tem.
             
ADJOURNMENT
Mayor Parker adjourned the General Session at 8:07 p.m.
Respectfully submitted, The foregoing minutes are hereby
approved this 19th day of December, 2017.




_________________________________     
Lillian Harris-Neal, City Clerk




________________________________     
Glenn Parker, Mayor

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