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City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Tuesday, February 16, 2021
5:45 p.m. - Closed Session
6:30 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

Agenda Amended to reflect additional Memorandum regarding Agenda Item 17. 

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
This meeting is being conducted consistent with Governor Newsom’s Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic.

Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, February 16, 2021.  Any comments received via email will be summarized aloud into the record at the meeting. The Council Chambers will be closed to the public. To provide comments via teleconference (zoom), members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, February 16, 2021 to obtain the Zoom Meeting ID number and password. Teleconference attendees will participate via audio only and will be muted until recognized at the appropriate time by the Council - video display will be disabled. Visit www.cityofbrea.net to watch the live broadcast of the meeting.

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
5:45 p.m. - Council Chamber
Plaza Level 

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 Management Association (Non-Safety); Brea City Employees' Association (BCEA); Administrative and Professional Employees' Association (APEA); Brea Fire Association (BFA); Brea Fire Management Association (BFMA); Brea Police Association (BPA); and the Brea Police Management Association (BPMA)  - Chris Emeterio, Negotiator, Cindy Russell, Negotiator, and Mario E. Maldonado, Negotiator. 
 
3.   Conference with Legal Counsel  Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation.  Name of Case:  Pacific Plastics, Inc. v. City of Brea et al. (Case No. 30-2020-01158750-CU-WM-CXC)
 
4.   Conference with Legal Counsel  Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation.  Name of Case:  City of Brea v. Olen Pointe Brea Corporation, et al. (Case Number 30-2018-01021477-CU-EI-CJC)
 
5.   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:  Windes Threat of Litigation.
 
 
STUDY SESSION
6:30 p.m. - Council Chamber 
Plaza Level 

CALL TO ORDER / ROLL CALL - COUNCIL
 
6.   Public Comment
 
7.   Clarify Regular Meeting Topics 
 
DISCUSSION ITEMS
 
8.   Parking Restrictions at Parking Facilities Update
 
9.   Southern California Association of Governments (SCAG) Delegate and Alternate for the Regional Conference and General Assembly, Scheduled for May 6-7, 2021.
 
REPORT
 
10.   Council Member Report/Requests
 
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL
 
11.   Pledge of Allegiance: Girl Scout Troop 4123
 
12.   Invocation: Daniel Mendoza, Celebration OC
 
13.   Report - Prior Study Session
 
14.   Community Announcements
 
15.   Matters from the Audience
Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, February 16, 2021.  Any comments received via email will be summarized aloud into the record at the meeting. The Council Chambers will be closed to the public. To provide comments via teleconference (zoom), members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, February 16, 2021 to obtain the Zoom Meeting ID number and password. Teleconference attendees will participate via audio only and will be muted until recognized at the appropriate time by the Council - video display will be disabled. Visit www.cityofbrea.net to watch the live broadcast of the meeting.
 
16.   Response to Public Inquiries - Mayor / City Manager
 
OLD BUSINESS
 
17.   Conditional Use Permit No. 20-10, Precise Development Plan No. 20-04, and Conditional Use Permit No. 20-18: a Request to Amend Planning Commission Resolution No. 88-56 to Allow the Demolition of Two Commercial Buildings to Construct a Restaurant with a Drive-thru, and to Amend an Existing Sign Program, at 255 East Imperial Highway, in the C-P (Commercial Professional) P-D (precise Development) Zone - Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301 (Class 1, Existing Facilities) and Section 15303 (Class 3, New Construction or Conversion of Small Structures; and deny the appeal and allow the following: approve CUP No. 20-10 to amend Planning Commission Resolution No. 88-56 to allow a restaurant with a drive-thru, subject to the recommended conditions of approval, and based on the findings and conclusions in the resolution; and approve PD Plan No. 20-04 to allow the demolition of two commercial buildings totaling 9,588 square-feet, and the construction of a new 3,267 square-foot single-story restaurant, subject to the recommended conditions of approval, and based on the findings and conclusions in the attached resolution; and Approve CUP No. 20-18 to amend the existing sign program, based on the findings and conclusions in the resolution. 
 
  17.1  Addendum - Memorandum 
 
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.
 
18.   Request to Continue Agenda Item 18: Consideration of an Ordinance of the City Council of the City of Brea Adopting Zone Text Amendment No. ZTA 20-01 to Amend Title 20 of the Brea Municipal Code to Replace the Provisions Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units Within the City of Brea - Staff recommends that the City Council take the following action: open the public hearing and make a motion to continue the item to the March 2, 2021 City Council Meeting.
 
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."
 
19.   City of Brea Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2020 and Related Audit Reports - Receive and file the City’s Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2020 and related audit reports. There is no fiscal impact to the General Fund. 
 
20.   Contract with Western Golf Properties LLC (WGP) for Maintenance and Operation of Birch Hills and Brea Creek Golf Courses -  Award Contract with WGP for the maintenance and operations of Birch Hills and Brea Creek Golf Courses in a monthly amount of $201,785 for the initial term of 64 months beginning March 1, 2021; and authorize the City Manager to approve up to two - one year extensions. Funds are available in Fund 465 to move forward with this item.
 
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
 
21.   February 2, 2021 City Council Regular Meeting Minutes - Approve. 
 
22.   Acceptance of Contract and Notice of Completion for Contract with T.E. Roberts, Inc., Eagle Hills Tract Water Improvements, CIP No. 7467 -  Accept project as complete and authorize City Clerk to record Notice of Completion; and authorize City Clerk to release the Payment and Performance Bond upon notification from the Public Works Department. There is no fiscal impact to the General Fund. 
 
23.   City Council Code of Conduct Amendment - Adopt amended City Council Code of Conduct. There is no fiscal impact to the General Fund. 
 
24.   Outgoing Payment Log and City Disbursement Registers for February 5 and 12, 2021 - Receive and File.
 
ADMINISTRATIVE ANNOUNCEMENTS
 
25.   City Manager
 
26.   City Attorney
 
27.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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