Minutes for the City Council Regular Meeting

1 Civic Center Circle, Brea, California 92821

April 21, 2026

 

Roll Call: (The following members were in attendance)

  • Cecilia Hupp, Mayor
  • Marty Simonoff, Mayor Pro Tem 
  • Christine Marick, Council Member
  • Blair Stewart, Council Member
  • Steven Vargas, Council Member

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 5:00 P.M.

1.A. Call to Order/Roll Call

Mayor Hupp called the Closed Session to order at 5:00 p.m. All members were present. 

1.B. Public Comment

None.

1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 1 potential case.

1.D. Conference with City's Labor Negotiator Pursuant to Government Code Section 54957.6 Regarding the Brea Management Association (BMA), Brea City Employees' Association (BCEA), Administrative and Professional Employees' Association (APEA), Brea Police Management Association (BPMA), Brea Fire Association (BFA) and the Brea Fire Management Association (BFMA) - Kristin Griffith, Negotiator, Laura Drottz Kalty, LCW Attorney and Alexander Volberding, LCW Attorney

Mayor Hupp adjourned the Closed Session at 5:56 p.m.

2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 5:45 P.M.

2.A. Call to Order/Roll Call

Mayor Hupp called the Study Session to order at 6:01 p.m. All members were present. 

2.B. Public Comment

None. 

2.C. Clarify Regular Meeting Topics

None. 

2.D. Continued Review of Existing General Municipal Tax in the City of Brea

Administrative Services Director Lo continued the review of the Business License Tax modernization effort and presented staff’s recommended model, including updates based on prior City Council direction. She reviewed Model 4, which consolidates over 30 existing business categories into five broader categories and applies a flat $55 rate for businesses with gross receipts up to $25,000. She also discussed proposed rate structure options, including a phased implementation approach with a three-tiered rate increase to allow businesses to adjust incrementally and reduce immediate financial impacts. Staff presented revenue comparisons, noting that the proposed model is estimated to generate approximately $1.7 million annually, compared to the City’s current $1.1 million in business license revenue.

Administrative Services Director Lo further outlined a proposed transition plan incorporating a 3% annual Consumer Price Index (CPI) adjustment beginning in Fiscal Year 2028 through 2053, along with updates to property rental rates to align with the overall modernization effort. She noted that the proposed starting rates would bring Brea’s business license structure more in line with other Orange County cities and reviewed next steps, including community outreach and future Council actions.

The City Council discussed the proposal and inquired about ballot-related costs. Following discussion, the City Council directed staff to conduct outreach with businesses and the Chamber of Commerce and to return with feedback from those efforts.

2.E. Distinguished Brea Athlete Discussion

Deputy Director of Community Services Matlock provided a presentation on the Distinguished Brea Athlete Program and provided a program update, nominee selection, plaque options, and next steps. He acknowledged former Parks, Recreation, and Human Services Commissioner Bill McMillan for his role in developing the program policy. He also spoke about Distinguished Brea Athlete nominee, Jeanette Pohlen, former Brea Olinda High School athlete and current Stanford coach. He also discussed a proposed alternative plaque option due to cost considerations and noted that a donation was received and will be placed in a fund for future plaque replacement efforts.

The City Council inquired about retaining the option for a bronze plaque in addition to the alternative option. Staff indicated that additional research would be conducted regarding maintaining both options.

2.F. Review of Code of Ethics and Conduct for Elected and Appointed Officials

City Clerk Popescu provided the City Council with a review of the code of ethics and conduct for elected and appointed officials and discussed a summary of the Brea's code of conduct and model of excellence timelines over the last 25 years. She presented a draft of the document that updates language, cleans up formatting, merges previous documents to one consistent document and incorporates updates to address provisions of Senate Bill 707. Staff indicated that the code will be brought back to a future City Council Meeting for adoption. 

Council Members discussed changes as it pertained to protocol for volunteers and interns. 

2.G. SB 707 Updates to the Brown Act

City Clerk Popescu provided an overview of recent updates related to Senate Bill 707. She discussed provisions outlining eligibility requirements for remote participation by members of the legislative body and enhancements to public accessibility, including teleconferencing requirements that preserve public access at each remote locations. She noted that the legislation extends certain teleconferencing practices implemented during the COVID-19 pandemic and will be implemented in phases beginning in January 2026 and July 2026.

City Clerk Popescu further explained that several provisions are already in place and that the City is currently in compliance with multiple requirements under Senate Bill 707, while additional requirements will be implemented as mandated. She noted that the City is actively working to meet all compliance deadlines and that future items may be brought before the City Council to support implementation and address potential public engagement considerations.

2.H. Council Member Reports/Requests

Council Member Vargas commented on the placement of the General Session Consent Calendar prior to the Public Hearing and Administrative Items. City Manager Griffith provided clarification.

2.I. Study Session Adjournment

Mayor Hupp adjourned the Study Session at 6:45 p.m.

3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.

3.A. Call to Order/Roll Call

Mayor Hupp called the General Session to order at 7:01 p.m. All members were present. 

3.B. Pledge of Allegiance

Brea Girl Scouts led the Pledge of Allegiance. 

3.C. Invocation: Pastor Doug Green, North Hills Church

Pastor Doug Green, North Hills Church, led the Invocation. 

3.D. Presentation: Carbon Canyon Helicopter Hydrant Station

City Engineer Chapman and Deputy Fire Chief Flores provided a presentation on the Carbon Canyon Helicopter Hydrant Station Dip Tanks. Staff discussed the project background, development agreement status, and next steps, and provided an overview of dip tank operations and their role in enhancing community safety.

City Council discussed regional water accessibility, refill times, and heli-hydrant locations.

In response to Council inquiries regarding manual refills for the Dip Tanks, Deputy Fire Chief Flores provided clarification on the remote activation of the automated valve and refill system.

3.E. Report - Prior Study Session

City Manager Griffith provided a report on the prior Study Session. 

3.F. Community Announcements

Council Member Stewart announced California Mosquito Awareness Week and provided information on resources available to help residents stay safe during mosquito season. He encouraged residents to visit mosquitossuck.org for additional information.

Mayor Pro Tem Simonoff announced the City’s Fire and Public Works Open House will take place on Saturday, May 2, from 10:00 a.m. to 2:00 p.m. at Fire Station 1, located on Berry Street between Lambert and Central. He noted that the event will include opportunities to view department equipment and vehicles, fire demonstrations, refreshments, and giveaways. He noted additional information can be found by visiting the City’s website.

Council Member Marick announced the 2026 Summer Brea Line is now available to view online and indicated that residents can learn about the latest city news and summer programs and activities. She noted that residents may subscribe to receive future issues to their e-mail. 

Council Member Vargas announced Go Serve Brea is still accepting volunteers and will take place on Saturday, April 25. He noted additional information can be found by visiting the City’s website. 

3.G. Matters from the Audience

Mark Strom spoke about the Costco development, transparency, e-mail exchanges, and documents produced in response to a public records request. 

Nancy Clifton-Hawkins spoke regarding transparency and community engagement as it pertains to development. 

Anne Hatami spoke on fiscal impact of the Costco development and Economic Development Agreement. 

Felix Rode spoke on financial analysis of the Costco development and Economic Development Agreement. 

Jean Chung spoke on the financial impact of the Costco development.

Bret Yourstone spoke regarding his experience with development projects and commented on past and future development in the City of Brea.

Dave Maxey spoke about his prior appeal of the Amazon development project and his experience working with the City, and encouraged residents to meet with City staff and developer.

Doug Green announced the Mayor's Prayer Breakfast taking place on May 6 from 6:45 a.m. - 8:30 a.m. 

Keith Fullington spoke in support of the Costco development project and city events. 

Mary Martinez spoke on her previous participation in Engage Brea and the Costco development. 

Bev Perry spoke about the Costco development, Economic Development Agreement, and financial findings after speaking with City staff. 

Craig Farris spoke about Dwight Manley and spoke in support of Costco. 

Glen Vonhandle spoke about Costco, Dwight Manley, and City's finances. 

3.H. Response to Public Inquiries

Mayor Hupp commented on the previous Amazon development project and emphasized the City’s commitment to working collaboratively with residents and incorporating community input throughout the planning process.

City Manager Griffith commented on the work completed to date by Assistant City Manager/Community Development Director Killebrew on the proposed Costco development and encouraged residents to meet with him to discuss the project. 

Assistant City Manager/Community Development Director Killebrew commented on his previous experience and welcomed residents to meet with him to discuss the proposed Costco project. He noted that staff is exploring innovative approaches to support development in the City of Brea and outlined potential opportunities for future community engagement and new things the City is implementing in its processes. 

Mayor Hupp announced that the City Council agendas will be reorganized moving forward, with Consent Calendar Items being considered prior to Administrative Items and Public Hearings to better accommodate staff time. 

4. CONSENT CALENDAR

A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Stewart to approve the Consent Calendar items 4A - 4G. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas)

4.A. March 11, 2026 Special City Council Meeting Minutes

The City Council approved the March 11, 2026 Special City Council Meeting Minutes as written. 

4.B. April 7, 2026 Regular City Council Meeting Minutes

The City Council approved the April 7, 2026 Regular City Council Meeting Minutes as written. 

4.C. Adopt a Resolution Authorizing Persons Holding Certain Designated Positions to Execute the Urban Area Security Initiative Grant Documents for and on behalf of the City of Brea

The City Council adopted Resolution No. 2026-16, authorizing the Police Chief or his designee to execute Urban Area Security Initiative (UASI) Grant documents for and on behalf of the City of Brea; and authorized the City Manager, Police Chief or designated persons within the Brea Police Department to oversee and administer the projects associated with the Anaheim/Santa Ana UASI training and funding on behalf of the City; and approved an agreement with the City of Santa Ana for transfer or purchase of equipment/services or reimbursement of training costs; and authorized the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and authorized the Police Chief to execute the agreement.

4.D. Distinguished Brea Athlete

The City Council adopted Resolution No. 2026-17, approving the name of Janette Pohlen as a Distinguished Brea Athlete and adding a plaque honoring her to the Distinguished Brea Athlete Wall of Honor at the Brea Sports Complex; and approved staff moving forward with the proposed non-bronze plaque to honor Distinguished Brea Athletes for any new honorees after the inaugural bronze bronze plaques were placed in 2010.

4.E. Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7

The City Council received and approved the annual Engineer's report for Landscape and Lighting Maintenance District's Nos. 1,  2, 3, 4, 5, 6, and 7, and Resolution Nos. 2026-18 - 2026-24 to set a Public Hearing for each District on June 2, 2026 at 7:00 p.m. 

4.F. Monthly Report of Investments for the City of Brea for Period Ended March 31, 2026

The City Council received and filed the Monthly Report of Investments for the City of Brea for the period ended March 31, 2026. 

4.G. March Outgoing Payment Log and City Disbursement Registers for April 3, April 10, and April 17

The City Council received and filed the Outgoing Payment Log and City Disbursement Registers for April 3, April 10, and April 17, 2026. 

5. CITY/SUCCESSOR AGENCY - CONSENT

A motion was made by Council Member Vargas and seconded by Council Member Stewart to approve City/Successor Agency Consent Item 5A. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas)

5.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended March 31, 2026

The City Council, as the Successor Agency, received and filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for the period ended March 31, 2026.

6. PUBLIC HEARING

A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Stewart to approve Item 6A. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas)

6.A. Public Hearing to Consider an Ordinance to Amend Chapter 1.04: “Penalties, Administrative and Civil Remedies, and General Provisions”

Management Analyst Magaña provided a presentation on the item and reviewed the short-term rental pilot program and current ordinance, including recent regulatory updates, proposed ordinance modifications, and notification requirements.

Mayor Hupp opened the public hearing. Seeing no members of the public wishing to address the Council, Mayor Hupp closed the public hearing. 

Council discussed building and safety code violations, fine amounts, and code enforcement officer position and funding. 

7. ADMINISTRATIVE ITEMS

7.A. City Council Meeting Telephonic/Internet Service Disruption Policy

City Clerk Popescu provided a presentation on the item and reviewed Senate Bill 707, which amends the Brown Act and establishes new requirements for teleconferencing and remote participation. She explained that these changes prompted the development of a proposed Telephonic/Internet Service Disruption Policy to address interruptions to two-way telephonic or audiovisual meeting services. She noted that the proposed policy outlines procedures for responding to service disruptions and is intended to ensure compliance with Senate Bill 707 requirements prior to the July 1, 2026 deadline, while maintaining public access and participation during technical interruptions.

The City Council discussed the item and expressed concerns regarding screening remote public participation.

City Clerk Popescu noted that staff will address these concerns through future policies and procedures.

A motion was made by Council Member Vargas and seconded by Mayor Pro Tem Simonoff to approve Administrative Item 7A. Motion passed 5-0-0-0. (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas)

7.B. Waste Infrastructure System Enterprise Agreement with the County of Orange

Mayor Pro Tem Simonoff recused himself from the item and left the meeting at 8:49 p.m. 

Senior Management Analyst Cuevas provided a presentation and background information on the Waste Infrastructure System Enterprise Agreement (WISE) and the disposal rates, residential and commercial rate impact, additional terms, budget adjustments and staff recommendations. 

Council discussed differences in rates, timelines, and provided direction to staff on resident informational outreach. 

Tom Koutroulis, Director OC Waste & Recycling (OCWR), for the County of Orange also provided information to Council. 

A motion was made by Council Member Stewart and seconded by Council Member Vargas to approve Administrative Item 7B. Motion passed 4-0-0-1. (Ayes: Hupp, Marick, Stewart, Vargas; Recused: Simonoff)

8. ADMINISTRATIVE ANNOUNCEMENTS

8.A. City Manager

None.

8.B. City Attorney

None. 

8.C. Council Requests

None.

9. COUNCIL ANNOUNCEMENTS

9.A. Council Announcements

None.

10. ADJOURNMENT

10.A. Meeting Adjournment

Mayor Hupp adjourned the General Session at 9:04 p.m.