Print Minutes Return
BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING

MINUTES
April 4, 2017
             

CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:30 p.m., all members were present, except Council Member Vargas.
Present: Hupp, Parker, Marick, Simonoff
Absent: Vargas
             
1. Council Member Vargas arrived at 5:56 p.m.

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. Potential Litigation - Conference with Legal Counsel Pursuant to Government Code §54956.9 - One Case - McCarthy Building Companies, Inc., for the Brea Superblock I Parking Structure - Public Works Director Tony Olmos
             
3. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9. (1 case)
             
STUDY SESSION
6:15 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Study Session to order at 6:15 p.m., all members were present.
             
4. Public Comment
Peter Howell, Attorney for Rutan and Tucker, expressed concern that the memorandum did not provide the required information needed to address concerns and he stated that it didn't explain if the City paid the appropriate price for the water rights. He believes that there is a need for a more detailed independent analysis.
Dwight Manley expressed concern that each water purchase should be looked at and stated that verification is needed to find out where the money was placed; who owns what in the Pellissier Trust; what the water shares are worth and how values were set. He stated that this is a serious issue and as shareholders, the City needs to know the facts.

Don Parker expressed concern that the agenda title was not accurate, believes there were errors present in the report, discussed money received by the previous City Manager, expressed disappointment that the report stated that there were "no audit findings", urged Council to go further with the review, and stated that the City did not get what was paid for.
             
5. Clarify Regular Meeting Topics
Regarding Item 20 (Additional Appropriation for the Glenbrook Tract Water and Street Improvements), Mayor Hupp clarified that staff will try to get reimbursement for utilities and regarding Item 22 (Feasibility Study and Conceptual Plan for Western Extension to the Tracks at Brea Trail), she asked if staff is asking for reimbursement from the Orange County Transportation Authority (OCTA).
             
DISCUSSION ITEMS
             
6. Appointment to Parks, Recreation & Human Services Commission
City Council appointed Marie Ryan to the Parks, Recreation & Human Services Commission.
             
7. Discussion of California Domestic Water Company Organizational Review by Brownstein Hyatt Farber Schreck, LLP

Scott Slater, attorney from Brownstein Hyatt Farber Schreck, LLP, provided a report that included a handout of the Cal Domestic organization chart, presented an overview of the foundational work that was performed, and discussed transaction records that were recorded.

In response to Council questions, Mr. Slater clarified that he spoke with the Watermaster to verify transactions; discussed the contract timeline; provided information about other entities that have similar relationships for water distributions and water share agreements; explained that the City has an obligation to pay for the maintenance of the water; verified that he did not interview City staff, Cadway, Cal Domestic, Cal Wamanco, or the City auditors; and noted that he can provide a macro market conditions analysis of the transactions between the City and Cal Domestic upon request.

Mayor Pro Tem Parker suggested that Council provide City Manager Gallardo with a list of questions and concerns.  He directed City Manager Gallardo to schedule the item to come back to Council when questions are compiled for further discussion.
             
REPORTS
             
8. Council Member Report
None.

Mayor Hupp adjourned the meeting at 7:07 p.m.
             
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the General Session to order at 7:12 p.m., all members were present.
             
9. Pledge of Allegiance
Brea Boy Scout Troop 801 led the Pledge of Allegiance.
             
10. Invocation
Dr. Sergio Sanchez from The Church of Jesus Christ of Latter Day Saints delivered the invocation.
             
11. Proclamation
Mayor Hupp presented a proclamation to Daniel Lluevanos proclaiming the month of April 2017 as DMV/Donate Life California Month.
             
12. Presentation
Mayor Hupp introduced a History of Brea video titled "A Future…"
             
13. Report - Prior Study Session
City Manager Gallardo provided the prior Study Session report.
             
14. Community Announcements
Council Member Marick made the following announcements:

On Saturday, April 29, the City hosts its second "Love Brea" community serve day. Following last year’s success, people are already signing up to participate! It is anticipated that 500 volunteers will be busy cleaning, planting and painting at various locations throughout the City that day. Volunteers and potential sponsors can learn more and register to participate at LoveBrea.org or call, 714-990-7152; "Rock Legends" is at the Curtis Theatre on Saturday, April 29 and Sunday, April 30. This electrifying, high-energy rock n’ roll extravaganza is part tribute, part rock concert. Every performance is unique. Call the Curtis Theatre for tickets at 714-990-7722 or go online to CurtisTheatre.com. Also, a reminder that this weekend at the Curtis Theatre you still can catch “A Funny Thing Happened on the Way to The Forum.” It is truly a witty musical with a very talented cast; Post a photo on Instagram with hashtag ShopBrea and a brief message why it’s good shopping here and you could win a $100 gift card to a favorite Brea store. We remind you that keeping your business local, and shopping in person rather than online, you are helping to support your City’s programs and services. Thanks for Shopping Brea!
             
15. Matters from the Audience
Eleanor Caprine expressed discontent with the Centennial Celebration.

Sean Thomas discussed his appreciation for the Centennial Celebration and encouraged Brea Envisions Committee members to attend the next Brea Envisions Committee meeting.

Jeff Lourterneau expressed concern about the City Treasurer.
             
16. Response to Public Inquiries - Mayor / City Manager
City Manager Gallardo and Deputy City Attorney Boga 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
             
17. March 21, 2017 City Council Regular Meeting Minutes
The City Council Approved the March 21, 2017 City Council Regular Meeting Minutes.
             
18. January 23, 2017 Parks, Recreation and Human Services Commission Meeting Minutes
Received and Filed.
             
19. Amendment No. 1 to the Agreement with U.S. Metro Group, Inc. for Janitorial and Related Services at Various City Facilities
The City Council Approved Amendment No. 1 to the Annual Agreement with U.S. Metro Group, Inc. for Janitorial Services.
             
20. Additional Appropriation For The Glenbrook Tract Water and Street Improvements, Project 7452
The City Council 1) Adopted Resolution 2017-018 to Appropriate an Additional $314,000 from the Water Fund (Fund 420) for Project Contingency and Project Administration and 2) Increase Construction Contingency from 10% to 22%.
             
21. Approve Purchase of Two Police Interceptor Utility SUVs in the Amount of $60,993.72
The City Council Authorized the City to Proceed with the Purchase of Two Police Interceptor Utility SUVs in the Amount of $60,993.72, with a 2% Discount to be Applied If Payment is Processed Within 20 Days of Delivery of Vehicles Bringing the Total Amount to $59,773.85.
             
22. Feasibility Study and Conceptual Plan for Western Extension to The Tracks at Brea Trail
The City Council Approved Amendment #6 with David Evans and Associates (DEA) to Provide a Feasibility Study and Conceptual Plan for Western Extension to The Tracks at Brea Trail.
             
23. Approval of a MOU Between the City of Brea and the Brea Police Management Association (BPMA)
The City Council Adopted Resolution 2017-019 Approving the Memorandum Of Understanding (MOU) with the Brea Police Management Association.
             
24. February Outgoing Payment Log and March 24 & 31, 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 17-24.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
CITY/ SUCCESSOR AGENCY - ADMINISTRATIVE ITEM
             
25. Authorization for the Successor Agency to the Brea Redevelopment Agency for the Issuance and Sale of Tax Allocation Refunding Bonds to Refinance Outstanding 2003 Tax Allocation Bonds and 2011 Tax Allocation Bonds, Series A and Taxable Series B of the Former Brea Redevelopment Agency, Relating to Project Area AB; Requesting Certain Actions and Findings by the Oversight Board and Approving Related Matters
  Motion was made by Council Member Marick, seconded by Mayor Pro Tem Parker to Adopt Resolution SA 2017-04.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
JOINT CONSENT ITEM WITH CITY COUNCIL AND SUCCESSOR AGENCY
             
26. Bond Proceeds Funding Agreement Between the City of Brea and the Successor Agency to the Brea Redevelopment Agency for the 2011A Non-Housing Bonds
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Adopt City Resolution 2017-020 and Successor Agency Resolution SA 2017-05 Approving the Bond Proceeds Funding Agreement.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
CITY/SUCCESSOR AGENCY - CONSENT ITEM
             
27. Second Amendment to the Brea Mall Owner Participation Agreement OPA
The City/Successor Agency adopted Resolution SA 2017-06 Approving the Second Amendment to the Brea Mall Owner Participation Agreement.
             
28. March 24, 2017 Successor Agency Check Register
Received and Filed.
  Motion was made by Council Member Simonoff, seconded by Council Member Vargas to Approve City/Successor Consent Items 27-28.
 
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff, Council Member Vargas
Passed
             
ADMINISTRATIVE ANNOUNCEMENTS
             
29. City Manager
None.
             
30. City Attorney
None.
             
COUNCIL ANNOUNCEMENTS
None.
             
ADJOURNMENT
Mayor Hupp adjourned the General Session at 7:50 p.m.
Respectfully submitted, The foregoing minutes are hereby
approved this 18th day of April 2017




_________________________________     
Lillian Harris-Neal, City Clerk



________________________________     
Cecilia Hupp, Mayor

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved