Agenda

CLOSED SESSION

6:00 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Parker called the Closed Session to order at 6:00 p.m., all members were present.

Present:

Parker, Marick, Hupp, 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 Real Property Negotiator Pursuant to Government Code §54956.8
Property: Railroad right of way between Imperial Highway and Lambert Road beginning at the Brea Canyon Flood Control Channel and traveling west to Palm Street
City of Brea Negotiators: David Crabtree, Kathie DeRobbio, Tony Olmos, James L. Markman, and Terence Boga
Negotiating Party: Union Pacific
Under Negotiation: Price and Terms of Payment

3.

Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Fire Management Association (BFMA) - Mario Maldonado and Chris Emeterio, Negotiators

4.

Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Firefighters Association (BFA) - Mario Maldonado and Chris Emeterio, Negotiators

5.

Conference with Legal Counsel - Potential Litigation Pursuant to Government Code Section §54956.9 - One Case - Lagos De Moreno Park/Laurel Elementary Magnet School - City Engineer Kooyman

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Parker called the General Session to order at 7:02 p.m., all members were present.

6.

Pledge of Allegiance
U.S. Air Force Auxiliary, Civil Air Patrol led the Pledge of Allegiance.

7.

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

8.

Proclamation
Mayor Pro Tem Marick presented a proclamation to Dana Lynch and Linda Skipper proclaiming the month of February 2018 to be observed as Career Technical Education month in the City of Brea.

9.

Presentation
City Clerk Harris-Neal delivered the Oath of Office to Incoming Traffic Committee Member Dale Conjurski.

10.

Community Announcements
Council Member Hupp announced that the City of Brea and Republic Services will be giving away compost for FREE on Saturday, February 24, 2018, from 8 to 10:30 a.m., at Tri City Park, on Kraemer Blvd in Placentia. Please bring your own containers to fill (no bags) and proof of Brea residence. For more information, contact Republic Services at (714) 238-2444.

Council Member Vargas announced to mark your calendars for the Brea Community Center’s Spring Craft Boutique, on Friday, March 16 • 9 a.m. - 6 p.m. and Saturday, March 17 • 9 a.m. to 4 p.m. Admission is $2 and parking is free. For more information, call (714) 990-7771.

Mayor Parker announced that on February 10th, the City of Brea dedicated the “Centennial Door” sculpture by International Artist Carlos Terres during a ceremony at Laurel Elementary Magnet School/Lagos de Moreno Park. More than 100 people came out for the celebration. The Sculpture was commissioned by the Brea Centennial Steering Committee to commemorate Brea’s 100th birthday and he thanked the sponsors for helping to make this legacy piece a reality. He reported that there are nine (9) pieces of art by Carlos Terres in Brea and introduced a brief video showing the Centennial Door dedication.

11.

Public Assembly Ordinance Presentation
Acting Deputy City Attorney Boga presented a PowerPoint that included: the Ordinance background; proposed revisions; and Ordinance highlights.

12.

Matters from the Audience
Jeff Letourneau, Harry Lorenbaucher, Jim Gallagher, Dr. Mikon Tran, Allison Vincent, Rick Fratrol, Sam Jammal, Christine Percy, Laura Dedis, Debbie Salahee, Margee Hills, Katie Troutman, Sean Thomas, and Claire Schlotterbeck urged Council to reject Ordinance 1201 and expressed concern about violation of their first amendment rights.

Christy Russell and Susan Fujioka urged Council to approve Ordinance 1201 noting their concern about City funds being used to send sworn Police Officers to protests and expressed concern about the protection of residents and business owners during some protests.

Diane Stites thanked Council and Brea staff for the dedication of the Centennial door at Laurel Elementary Magnet School/Lagos de Moreno Park.

Heidi Gallegos, President of Brea Chamber of Commerce, thanked Council for their discussion on the mid-year budget and applauded them for postponing the previously proposed tax measures. She agreed that the business license fee structure is dated and offered input and dialog from the Brea Chamber of Commerce Board and staff to help settle issues.

13.

Response to Public Inquiries - Mayor / City Manager
City Attorney Markman responded to public inquiries.

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.

Public Assembly Regulations
Mayor Parker asked Council to consider three (3) options: adopt the Ordinance as written, reject the Ordinance or adopt a City Policy instead of an Ordinance.

City Attorney Markman highlighted the changes to the Ordinance stating that the ACLU agreed with the changes. He discussed case law and responded to questions about spontaneous events.

In response to Council questions, Police Chief Conklin confirmed that receiving advanced notice of protests is advantageous for scheduling police officers.

Council discussed the value in advance notification of protests, safety for Brea residents, non recovery of police overtime pay, cooperative participation from protestors, desire to have protest information on the City's website, rules regarding burning in effigy, and adopting a policy as opposed to an Ordinance.

City Attorney Markman read the Ordinance title.

Council directed staff to adopt public assembly regulations as a policy and asked the City Manager and staff to provide recommendations for implementation and propose code amendments if necessary.

Motion was made by Council Member Simonoff, seconded by Council Member Hupp to Introduce Ordinance No. 1201 for First Reading by Title Only Waive Further Reading, Establishing Public Assembly Regulations and Amending the Brea City Code.

AYES:	Council Member Hupp, Council Member Simonoff
NOES:	Mayor Parker, Mayor Pro Tem Marick, Council Member Vargas
Failed

Motion was made by Council Member Vargas, seconded by Mayor Pro Tem Marick to adopt public assembly regulations as a policy and asked the City Manager and staff to provide recommendations for implementation and propose code amendments if necessary.

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

15.

Zoning Ordinance Amendment No. ZOA 17-02
City Attorney Markman read the Ordinance Title.

Motion was made by Council Member Simonoff, seconded by Council Member Hupp to Adopt Ordinance 1203 Amending Title 20, Chapter 20.00, 20.08 and all single family and multifamily zones contained in Chapters 20.20 of the Brea Zoning Ordinance to update the provisions pertaining to Accessory Dwelling Units in accordance with new state legislature. Second Reading, Waive Further Reading.

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

16.

2018 Development Activity Forecast
Mayor Parker asked Council Members to refrain from asking questions regarding projects that will be shown in the presentation and noted that the information presented is for "receive and file" only. More information will be presented at later dates.

Economic Development Director Crabtree and City Planner Lilley presented a PowerPoint that included: Implementation of Brea Place implementation, Brea Core Plan, Mercury Lane Residential, the proposed downtown hotel, possible Brea Mall modifications, Brea Boulevard parking structure commercial buildout, Brea Imperial Center, Central Park Village modifications, Aera Energy lands, Pacific Communities, what's coming up in 2018.

Mayor Parker stated that the intent of the presentation is to stimulate dialog with the public and asked staff to be available to talk to anyone in the public that has expressed interest in the projects.

Motion was made by Council Member Hupp, seconded by Council Member Vargas to Receive and File.

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

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.

17.

Amend Title 6 of the Brea City Code - Animal Control, Welfare, and License Requirements

City Attorney Markman read the Ordinance title.

Mayor Parker opened the public hearing.

Hearing no testimony, Mayor Parker closed the public hearing.

Motion was made by Council Member Vargas, seconded by Council Member Hupp to Adopt Ordinance No. 1202 Second Reading by Title Only and Waive Further Reading Updating and Adopting by Reference Animal Control, Welfare and Licensing Requirements of the County of Orange, Establishing Penalties, and Amending Title 6 of the Brea City Code.

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

18.

February 6, 2018 City Council Regular Meeting Minutes
The City Council Approved the February 6, 2018 City Council Regular Meeting Minutes.