Agenda

CLOSED SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:15 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 Legal Counsel Pursuant to Government Code §54956.9(d)(2), Kenneth Harrison v. City of Brea, WCAB BR101509. Compromise and Release (C&R) - Mario Maldonado, Negotiator

3.

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

4.

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

5.

Conference with Real Property Negotiator (G.C. § 54956.8), Modification of Affordable Housing Regulatory Agreement for Olen Companies
Address: Pointe Apartments at Olen Pointe
Negotiator: David Crabtree/Kathie DeRobbio, City of Brea

STUDY SESSION

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

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Study Session to order at 5:58 p.m., all members were present.

6.

Public Comment
Regarding Item 11 (Code of Ethics for Employees of the City of Brea Policy Discussion), Don Parker expressed disappointment that it took so long for the discussion, stated that the "2012 Code of Ethics" had deficiencies, noted that a "Code of Ethics" should be distributed to all employees with an acknowledgement of receipt and suggested approval from an Audit Committee before Council approve a new "Code of Ethics".

7.

Clarify Regular Meeting Topics
Mayor Hupp announced that Item 12 (Consideration of MOU with Anseong, Province of Gyeonggi, South Korea) will be pulled and not discussed.

Council Member Vargas asked staff to provide him with a mini audit of the warrant registers, specifically the staff costs and monthly distributions.

DISCUSSION ITEMS

8.

Special/General Benefit Analysis for LLMDs
Maintenance Service Superintendent Bowlus presented a PowerPoint that included the background of LLMDs; district locations; maps of the districts; special benefit zones; calculation of the general and special benefit; assessment increases/decreases by zone; cost estimate; working group concerns; the shared slope between district 1 and 6; citywide impacts from special/general benefits; and options.

In response to Council questions, Maintenance Service Superintendent Bowlus and City Attorney Markman explained the special benefit to the City for LLMDs, noted that there are homes that are not in the districts, clarified that the City can't add an assessment to a property that didn't have an assessment from the beginning, stated that the City does not get a vote as a landowner, discussed liability, provided the status of funds, clarified that there has not been a reserve study, and discussed a CFD overlay.

Council discussed the possibility of other Homeowner Associations (HOA's) that have a responsibility to maintain public properties to ask for benefits from the City to maintain public areas.

Council directed staff to seek a "Reserve Study" for all districts to fully understand the impacts.

9.

Centennial Legacy Public Art
Community Services Manager Hernandez, Community Services Specialist I Colacion and Centennial Committee member Wedin presented a PowerPoint that included the background, proposed location, concept "centennial door", cost, funding options, centennial sponsorship update, key public partner engaged and recommendations for the Centennial Legacy Public Art.

Centennial Committee member Wedin thanked the Brea Chamber of Commerce for their help with securing private sector donations.

10.

Investment Advisory Committee Member Increase
It was a consensus from Council that there should be an Investment Advisory Committee member increase.

11.

Code of Ethics for Employees of the City of Brea Policy Discussion
City Attorney Markman explained that the City is not required by state law to supplement the other conflict of interest laws and expressed concern about conflicting with current Memorandums of Understanding and other divisions of the law. Council directed City Attorney Markman to work with staff to update the Code of Ethics and bring back at the next meeting.

12.

Consideration of MOU with Anseong, Province of Gyeonggi, South Korea
This item was not discussed and pulled from the agenda.

REPORTS

13.

Oversight Board Update
Kathie DeRobbio provided the Oversight Board update stating that the following items were approved: the sale of two (2) properties, the amendment to the agreement with Brea Mall, application of bond interest earnings towards the recognized obligation schedule (ROPS) bond payments and the approval of the 2017-18 ROPS and the administrative budget.

14.

Council Member Report
None.

Mayor Hupp adjourned the meeting at 6:57 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 7:00 p.m., all members were present.

15.

Pledge of Allegiance
Brea Boy Scout Troop 801 led the pledge of allegiance.

16.

Invocation
Daniel Mendoza, Celebration Worship Center delivered the invocation.

17.

Commendation: Chamber of Commerce Awards
Mayor Hupp commended the 2016 Brea Council Chamber award recipients for their notable achievements in the Brea Business community and their generous contributions to the City of Brea.

18.

Commendations: Commissions & Committees Outgoing Members
Mayor Hupp commended outgoing members Shivinderjit Singh (Traffic Committee) and George Ullrich (Planning Commission) for the enrichment of our community through their service and expressed sincere appreciation for their exemplary leadership.

She stated that outgoing members Innie Hahn (Art in Public Places Advisory Committee) and Bill McMillan (Parks, Recreation and Human Services Commission) could not attend the meeting but she thanked them for their services.

19.

Oaths of Office Incoming and Reappointed Commissioners and Committee Members
Mayor Hupp delivered the Oaths of Office for incoming Commission/Committee members: Melanie Schlotterbeck (Planning Commission), Ben Schultz (Cultural Arts Commission), Vance Bjorklund (Traffic Committee), Ron Martorella (Traffic Committee),
Judy Randlett (Reappointed to the Cultural Arts Commission), James McGrade (Reappointed to the Planning Commission) and Dan Phu (Reappointed toTraffic Committee).

20.

Centennial Committee Update
Wayne Wedin provided the Centennial Committee Update.

21.

Brea Envisions Update
Craig Faris and Sean Thomas provided the Brea Envisions Update.

22.

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

23.

Community Announcements
Council Member Simonoff made the following announcement: Brea’s Housing Rehab program can help eligible Brea homeowners take care of certain house repairs and improvements. To find out if you, or someone you know is eligible, visit: CityofBrea.net and look under the “Our Community” tab. He also announced that volunteers are needed for senior home delivered meals. If you have a heart for seniors, you can make a difference by volunteering even just one day a week. The Brea Senior Center delivers daily meals to the homes of our frail or housebound residents. Regular and substitute drivers are needed. Please call 714-990-7750 for more information. Lastly, he announced that residents heard an update on Centennial activities a little earlier this evening. He showed a brief video that is an official digital invitation to the events coming up in a few weeks.

24.

Matters from the Audience
Jeff Lourterneau expressed concern about the sod in the dog park and suggested that Council ask City Treasurer Rios to resign.

Diane Follansbee expressed concern about traffic speed on Tamarack and requested speed bumps.

Sean Thomas expressed concern about keeping the trail clean and believed that the City Treasurer issue should be heard in court.

Keith Fullington asked staff to review water rates since the drought has passed and agreed that the City Treasurer case be heard in court.

25.

Response to Public Inquiries - Mayor / City Manager
City Attorney Markman provided a response 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.

26.

Approval of the 43rd Year Application for Participation in the Community Development Block Grant (CDBG) Program in Fiscal Year 2017-18
Senior Management Analyst Ahlo and Community Services Supervisor Takahaski presented a PowerPoint that included the background of the program, past CDBG projects at the Senior Center and the fiscal year 2017-18 CDBG application highlights.

Mayor Hupp opened the public hearing.

Hearing no testimony, Mayor Hupp closed the public hearing.

Council Member Simonoff stated that CDBG programs are usually the first to get cut out of the state's budget and expressed his gratitude to staff for seeking funds for residents.

Motion was made by Council Member Simonoff, seconded by Mayor Pro Tem Parker to Adopt Resolution No. 2017-014 Approving the Fiscal Year 2017-18 Application to the County of Orange for Community Development Block Grant (CDBG) Program Funding.

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

27.

January 17, 2017 City Council Regular Meeting Minutes
The City Council Approved the January 17, 2017 City Council Regular Meeting Minutes.