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City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Tuesday, October 18, 2022
5:30 p.m. - Closed Session
6:15 p.m. - Study Session
7:00 p.m. - General Session

Cecilia Hupp, Mayor      Glenn Parker, Mayor Pro Tem
Christine Marick, Council Member Steven Vargas, 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. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also 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 DEVICES. There will be no Zoom/Teleconference for the Study Session meeting.  Zoom/Teleconference will be available during General Session only, members of the public must contact City Staff at (714) 990-7756 or email cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on the day of the meeting.  All written comments received by 12:00 p.m. on the day of the meeting,
will be summarized aloud into the record at the meeting. 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 www.cityofbrea.net.

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 35.102.35.104 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 www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
 
 
             

CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
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 City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Association (BPA) - Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney 
 
3.   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
 
4.   Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b).  Title: City Manager
 
STUDY SESSION
6:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
5.   Public Comment
 
6.   Clarify Regular Meeting Topics
 
DISCUSSION ITEMS
 
7.   Reserve Fund Transparency Ordinance Discussion 
 
8.   Purchase of New Fire Apparatus
 
REPORT
 
9.   Council Member Report/Requests
 
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
 
10.   Pledge of Allegiance: Brea Girl Scout Troops 6002 and 8108
 
11.   Invocation: Daniel Mendoza, Celebration OC
 
12.   Commendation: Brea Girls Softball 12U All Star Team
 
13.   Report - Prior Study Session
 
14.   Community Announcements
 
15.   Matters from the Audience
 
16.   Response to Public Inquiries - Mayor / City Manager
 
PUBLIC HEARINGS - 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.   General Plan Amendment No. 2021-02 And Zone Change No. 2021-01: To Amend The General Plan Land Use And Zoning Designations Of Three Housing Opportunity Sites And Three Additional Potential Sites Identified In The City’s 6th Cycle Housing Element, As Part Of The Housing Element Implementation Effort - Staff recommends that the City Council take the following actions: Adopt Resolution No. 2022-066 adopting the addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan and determine that an addendum to the previously certified Environmental Impact Report (EIR) for the 2003 General Plan is the appropriate environmental documentation for the Project under the California Environmental Quality Act (CEQA) and that the addendum adequately analyzed all potential impacts of the Project; Adopt Resolution No. 2022-067 approving General Plan Amendment No. 2021-02 to amend the General Plan Land Use designations of the six (6) Project sites; Introduce by title only and waive further reading of Ordinance No. 1234 approving Zone Change No. 2021-01 to amend the zoning designations of the six (6) project sites; and Schedule adoption of aforementioned Ordinance No. 1234 at the next regular City Council meeting. The costs to process and implement the project are included in the FY2022/2023 Community Development Department budget.
 
18.   Brea Construction Tri-Annual Code Introduction - Adopt Resolution No. 2022-068, setting forth findings for required amendments to the 2022 Title 24 California Code relative to local climatic, topographic and geologic conditions; and introduce Ordinance No.1232 amending the 2022 edition of the Title 24 California Codes. There is no fiscal impact to the General Fund.  
 
19.   Brea Fire Code Tri-Annual Code Introduction - Adopt Resolution No. 2022-069 setting forth findings for required amendments to the 2022 California Codes relative to local climatic, topographic and geologic conditions; and introduce Ordinance No.1233 amending the 2022 edition of the California Fire Code. There is no fiscal impact to the General Fund. 
 
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
 
20.   September 20, 2022 City Council Regular Meeting Minutes - Approve. 
 
21.   AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings - Make the following findings: (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 the ability of the members of the City’s legislative bodies (including commissions and committees) to meet safely in person. There is no fiscal impact to the General Fund.
 
22.   Deed of Easement for Brea Imperial Center Located at Southwest Corner of Imperial Highway and State College Boulevard - Accept public water easement dedication and authorize City Clerk to execute and record the Deed of Easement. There is no fiscal impact to the General Fund. 
 
23.   Public Sidewalk Easement for 114 North Berry Street - Accept public sidewalk easement and authorize City Clerk to execute and record the Deed of Easement. There is no fiscal impact to the General Fund. 
 
24.   Public Water Easement for 201 North Berry Street - Accept public water easement and authorize City Clerk to execute and record the Deed of Easement. There is no fiscal impact to the General Fund. 
 
25.   Adoption of a new job description and salary table for the position of Deputy Fire Marshal and amending the position allocation list for FY 2022/23 to reflect the changes, and placing the new classification in the Administrative and Professional Employees’ Association Bargaining Unit for representation purposes - Approve Resolution No. 2022-070 1) adopting a new job description and salary table for the classification of Deputy Fire Marshal; 2) placing the new classification in the Administrative and Professional Employees’ Association (APEA) bargaining unit for representation purposes; and 3) amending the Position Allocation List to include this position in the Fire Department Administrative Division. There is no fiscal impact to the General Fund.
 
26.   Purchase of New Fire Apparatus - Appropriate $3,815,000 from General Fund Excess Reserves and Equipment & Vehicle Maintenance Fund 480 and authorize the purchase of two (2) fire engines and one (1) ladder truck (FY 2022-23). The fiscal impact will be to the General Fund excess reserves ($3,346,000) which is above our operating and budget stabilization limit of 25% and the Equipment & Vehicle Maintenance Fund 480 ($469,000).
 
27.   Monthly Report of Cash and Investments for the City of Brea for Period Ended August 31, 2022 - Receive and file.
 
28.   September 23 & 30 and October 7 & 14, 2022 City Disbursement Registers - Receive and file. 
 
CITY/ SUCCESSOR AGENCY - CONSENT
 
29.   Monthly Report of Cash and Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2022 - Receive and file.
 
30.   September 30, 2022 Successor Agency Disbursement Register - Receive and file. 
 
ADMINISTRATIVE ANNOUNCEMENTS
 
31.   City Manager
 
32.   City Attorney
 
33.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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