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City Council Agenda
Tuesday, November 16, 2021
6:00 p.m. - Closed Session
6:15 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. 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 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 cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, November 16, 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 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
6:00 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 Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation.  Initiation of Litigation: 1 potential case.
 
STUDY SESSION
6:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
3.   Public Comment
 
4.   Clarify Regular Meeting Topics
 
DISCUSSION ITEMS
 
5.   Commissioner Compensation
 
6.   Planning Commission Unscheduled Vacancy Recruitment 
 
7.   Commendation/Proclamation Process
 
REPORT
 
8.   Council Member Report/Requests
 
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
 
9.   Pledge of Allegiance: Girl Scout Troop 5002
 
10.   Invocation: Associate Pastor Sauni (Junior) Tuitoelau, The Cause Church
 
11.   Report - Prior Study Session
 
12.   Community Announcements
 
13.   Matters from the Audience
 
14.   Response to Public Inquiries - Mayor / City Manager
 
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
 
15.   October 27, 2021, City Council Regular Meeting Minutes - Approve.
 
16.   November 2, 2021, City Council Special Meeting Minutes - Approve.
 
17.   Professional Services Agreement with Michael Baker International to conduct California Environmental Quality Act (“CEQA”) review and prepare an environmental assessment for General Plan Amendments and Zone Changes for three development sites as identified in the 6th Cycle of the (2021-2029) Housing Element. - 1) Approve Professional Services Agreement with Michael Baker International to conduct California Environmental Quality Act (“CEQA”) consulting services in the amount not-to-exceed $65,795.00; and, 2) Authorize the City Manager to execute the Professional Services Agreement with Michael Baker International. This Professional Services Agreement would be funded by General Plan Maintenance Fund (Fund 120), thus creates no impact on the General Fund. 
 
18.   Resolution to Establish an Election Procedure for Chairperson and Vice Chairperson of the Art in Public Places Advisory Committee - Adopt Resolution No. 2021-064 Establishing an Election Procedure for Chairperson and Vice Chairperson of the Art in Public Places Advisory Committee. There is no fiscal impact to the General Fund for this action.
 
19.   Adoption of the 2021 Sewer Master Plan - Adopt a Resolution No. 2021-067 approving and adopting the 2021 Sewer Master Plan. There is no fiscal impact to the General Fund associated with this action.
 
20.   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 for this item.
 
21.   Upcoming City Council Topics - Receive and file report of the upcoming City Council topics for January - June 2022. There is no fiscal impact to the General Fund for this action.
 
22.   Consideration of Parking Agreement with Samaritan's Purse for temporary use of Brea Downtown Parking Structure #2 and appropriate $4,500 in General Fund revenues to the City's Fiscal Year 2021-22 Operating Budget - Staff recommends that the City Council take the following actions: Approve execution of a temporary Parking Agreement with Samaritan's Purse for use of Brea Downtown Parking Structure #2; Authorize the City Manager to execute said Parking Agreement this year and in subsequent years; and Appropriate $4,500 in General Fund (110) revenues to the City's Fiscal Year 2021-22 Operating Budget. There is no fiscal impact to the General Fund for this action.
 
23.   Budget Adjustments to the City Operating and Capital Improvement Program Budgets for Fiscal Year 2021-22 - Adopt Resolution Nos. 2021-068 and 2021-069 appropriating funds to adjust the Fiscal Year 2021-22 City Operating and Capital Improvement Program Budgets. The City Operating Budget adjustments for all funds including the General Fund resulted in an increase in revenues and transfers-in of $2,644,801 and an increase in expenditures and transfers-out of $2,632,912 for a net increase in revenues of $11,889. 
 
24.   Approve Grant Agreement with State of California Department of Forestry and Fire Protection for Fire Prevention Grant - Adopt Resolution No. 2021-070 executing a $436,432 Agreement with Cal Fire for Fire Prevention Grant for period January 1, 2022, through March 15, 2024. There will be a fiscal impact that will result in a budget adjustment paid by the grant following quarterly reporting.  
 
25.   2021-2022 City Council Priorities and Projects Updates - Receive and file the report on the 2021-2022 City Council Priorities and Projects Updates. There is no fiscal impact to the General Fund for this action.
 
26.   Foreign Language Proficiency Police Officer Recruitment Incentive Pilot Program - Authorize a pilot language incentive program to recruit police officers fluent in Mandarin and/or Korean. This incentive would be paid over a period of their first five (5) years of employment. The proposed funding allocation for this program is $10,000 per fiscal year beginning in Fiscal Year 2022-23, $20,000 per fiscal year beginning in Fiscal Year 2024-25 and $40,000 per fiscal year beginning in Fiscal Year 2026-27.
 
27.   Authorize City Manager to Execute Agreement with San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for The Tracks at Brea Western Extension Project - Authorize the City Manager to sign Agreement Number 3825-RMC21013 with San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) in the amount of $225,000 for The Tracks at Brea Western Extension Project. There is no fiscal impact to the General Fund for this action.
 
28.   Estoppel Certificates Related to the City's Hotel Commercial Property located 900 E. Birch Street (Lessee: PropCo, LLC) - Authorize the City Manager to execute the attached Estoppel Certificate and Agreement of Lessor (Estoppel Certificate/Investor) in favor of Brea JV HOLDCO, LLC and BIG REAL ESTATE FUND II, L.P. (collectively, the Financing Parties); the Estoppel Certificate and Agreement of Lessor (Estoppel Certificate/Lender) in favor of Wilmington Trust with Rialto Capital Advisors, LLC (together, the Lender) and the Estoppel Certificate regarding the recorded Easement Agreements (Estoppel Certificate/Easements) related to additional financing agreements between Brea PropCo, LLC (PropCo) and Brea OpCo, LLC, (OpCo)(collectively, the Borrower) and the Financing Parties. There is no fiscal impact to the General Fund for this action.
 
29.   Amendment to the Position Allocation List - Approve the Resolution No. 2021-071 amending the Position Allocation List to add one part-time Parking Control Officer position for Police Services for nighttime enforcement. The fiscal impact to the General Fund for FY 2021-22 is approximately $28,000 which covers six (6) months salary, plus the up-front, one-time costs.
 
30.   Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2021 - Receive and file. There is no fiscal impact to the General Fund for this item.
 
31.   Outgoing Payment Log and City Disbursement Registers for November 5 and 12, 2021 - Receive and File.
 
ADMINISTRATIVE ANNOUNCEMENTS
 
32.   City Manager
 
33.   City Attorney
 
34.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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