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City Council, Successor Agency to
the Brea Redevelopment Agency
and Brea Arts Corporation Agenda
Tuesday, October 19, 2021
5:15 p.m. - Closed Session
6:00 p.m. - Study Session
7:00 p.m. - General Session

Steven Vargas, Mayor      Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member Glenn Parker, Council Member Marty Simonoff, Council Member

This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Agenda related materials may also be viewed on the City’s website at Agenda materials submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office during normal business hours and will be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State Law prohibits the City Council from responding to or acting upon matters not listed on this agenda. The Council encourages free expression of all points of view.  If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. 

To provide comments via zoom or to provide written comments (which will be summarized aloud into the record at the meeting), members of the public must contact City Staff at (714) 990-7756 or email
 no later than 12:00 p.m. on Tuesday, October 19, 2021. Upon request, zoom participants will be provided with a zoom meeting ID and password and will remain muted during the meeting until recognized at the appropriate time by the Council. The meeting will also be broadcast live at

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR ADA Title II)

Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

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

1.   Public Comment
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 Section 54956.9(d)(2) - Anticipated Litigation.  Significant Exposure to Litigation:  1 potential case.  Facts and Circumstances:  Shenkman & Hughes, PC California Voting Rights Act Claim
3.   Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Association (BFA); Brea Fire Management Association (BFMA); Brea Police Association (BPA); Brea Police Management Association (BPMA) - Chris Emeterio, Negotiator, Cindy Russell, Negotiator, and Mario E. Maldonado, Negotiator.
4.   Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Brea Firefighters Association FLSA Matter.
6:00 p.m. - Council Chamber
Plaza Level

5.   Public Comment
6.   Clarify Regular Meeting Topics
7.   Downtown Brea Parklets Discussion
8.   Water and Sewer Rate Study Work Session
9.   Council Member Report/Requests
7:00 p.m. - Council Chamber
Plaza Level

10.   Pledge of Allegiance: Girl Scout Troop 3547
11.   Invocation: Kelly Fellows, The Refinery Church
12.   Proclamation: Breast Cancer Awareness Month
13.   Commendation: Volunteers in Police Service (VIPS) - Ed LeBlanc
14.   Presentation - Body Worn Cameras
15.   Report - Prior Study Session
16.   Community Announcements
17.   Matters from the Audience
18.   Response to Public Inquiries - Mayor / City Manager
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.
19.   Zoning Ordinance Text Amendment No. 2021-01 (ZOTA No. 2021-01) to Amend Title 20, Chapter 20.08 of the Brea City Code Regulating Exceptions and Modifications to the Minimum Off-Street Parking Requirement for Multi-Family Developments Within the City of Brea - Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and; Introduce Ordinance No. 1222 of the City Council of the City of Brea approving Zoning Ordinance Text Amendment No. 2021-01, to amend Title 20, Chapter 20.08 of the BCC regulating exceptions and modifications to the minimum off-street parking requirements for multi-family residential development within the city of Brea; and schedule a second reading to adopt Zoning Ordinance Text Amendment No. ZOTA 2021-01 at the next available City Council meeting. There is no impact to the General Fund for this action.
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."
20.   City Owned Parking Lot Restrictions 
21.   Street Sweeping Program -Terminate the Pilot Program, continue street sweeping twice per month, and resume street sweeping enforcement effective January 1, 2022. Sweeping twice per month provides anticipated savings of approximately $129,100 as compared to the original budget for weekly street sweeping.  FY21-22 budget currently includes cost for street sweeping twice per month.  If City Council supports the staff recommendations and enforcement resumes in January 2022, a budget adjustment to this year's operating budget would need to be made to add back a Parking Control Officer (PCO) position. The FY22-23 budget would need to include funds for 2 PCO positions and a replacement street sweeping machine at a cost of approximately $325,000.
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."

22.   September 21, 2021, City Council Regular Meeting Minutes - Approve.
23.   September 27, 2021, Special City Council Meeting Minutes - Approve.
24.   Remote Learning for Brea Olinda Unified School District at the Civic & Cultural Center - Approve execution of a two-year lease agreement between the City of Brea and the Brea Olinda Unified School District, with the option of three one-year extensions and amend the Community Development Department's revenue budget for Fiscal Year 2021-2022 by $35,211.66 (August 2021 through June 2022, $3,201.06 monthly) in the next quarterly budget adjustments.This office lease will provide initial monthly revenue of $3,201.06 to the City of Brea, or $38,412.72 annually, and the rental amount will increase on an annual basis.
25.   Award South Brea Water & Sewer Improvements, CIP Project Nos. 7454, 7466 and 7626 - 1) Approve plans and specifications; 2) Receive bids; 3) Award Contract to lowest responsive and responsible bidder, Vido Samarzich, Inc., in the amount of $5,375,591.00; and 4) Authorize the City Engineer to issue Change Orders up to a "not-to-exceed" amount of 10% of the contract price.The sources of funds within the approved budget are from the Measure M Fund (260), Water Fund (420), Gas Tax Fund (220), and Sewer Fund (430). There is no General Fund impact related to this action.
26.   Acceptance and Appropriation of Funds for Lagos De Moreno Park Upgrades, CIP Project No. 79291 - Adopt Resolution No. 2021-060 to appropriate $646,100 from the Capital & Mitigation Improvement Fund (Fund 560);  2. Accept Project as complete and authorize City Clerk to record Notice of Completion; and 3. Authorize City Clerk to release payment and performance bonds. There is no General Fund impact related to this action.
27.   Acceptance of Brea Water Main Replacement North Hills West and East Tracts, Project Nos. 7459 and 7460 - Accept the Project as complete and authorize City Clerk to record a Notice of Completion; and Authorize City Clerk to release the Payment and Performance Bond upon notification from the Public Works Department. There is no General Fund impact related to this action.
28.   Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2020-21 - Adopt Resolution No. 2021-061 and Resolution No. 2021-062 appropriating funds to adjust the Fiscal Year 2019-20 City Operating and Capital Improvement Program Budgets.
29.   Acceptance of Moorpark Water Main Replacement, CIP Project No. 74301 - Accept Project as complete and authorize City Clerk to record Notice of Completion; and 2. Authorize City Clerk to release Payment and Performance Bonds. There is no General Fund impact related to this action.
30.   Reflective Backplates at Signalized Intersection Pilot Program - Approve Pilot Program.There are sufficient funds from CIP #7218 (Traffic Signal Controller Upgrade) to pay for the pilot program.  
31.   Estoppel Certificate and Reaffirmation - Retail Court at 910 E. Birch Street - Authorize the City Manager to execute the Estoppel Certificate and Agreement of Lessor (Estoppel Certificate) and Reaffirmation of Estoppel Certificate and Agreement of Lessor (Reaffirmation) in favor of Bank Leumi USA (Bank Leumi) related to an amendment to loan documents between Nesbitt Partners Brea Venture, Ltd. (Nesbitt) and its lender, Bank Leumi. There is no General Fund impact related to this action.
32.   AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings - 1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and 2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies (including commissions and committees) to meet safely in person. There is no impact to the General Fund for this item.
33.   Monthly Report of Cash Investments for the City of Brea for Period Ended August 31, 2021 - Receive and file.
34.   Outgoing Payment Log and City Disbursement Registers for September 24 and October 1, 8 & 15, 2021 - Receive and file.
35.   Monthly Report of Cash Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2021 - Receive and file.
36.   September 24, 2021 Successor Agency Disbursement Register - Receive and file.
37.   Brea Arts Corporation Annual Report for Fiscal Year 2020-21 - Receive and file.
38.   City Manager
39.   City Attorney
40.   Council Requests

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