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City Council Agenda
Tuesday, February 15, 2022
5:30 p.m. - Closed Session
5:40 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. 

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, February 15, 2022. 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 (28 CFR 35.102.35.104 ADA Title II)

Important Notice
The City of Brea s 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 Fire Management Association (BFMA) - Chris Emeterio, Negotiator and Mario E. Maldonado, Negotiator.
 
STUDY SESSION
5:40 p.m. - Council Chamber
Plaza Level

CALL TO ORDER / ROLL CALL - COUNCIL
 
3.   Public Comment
 
4.   Clarify Regular Meeting Topics
 
DISCUSSION ITEMS
 
5.   Citygate Associates, LLC. Standards of Cover and Community Risk Assessment Study Findings and Recommendations - Receive and file; gather further direction for the implementation of recommendations provided in Citygate’s Standards of Cover.
 
6.   FY 2021-22 Mid-Year General Fund Operating and Capital Improvement Program Budget Update - Receive presentation and provide feedback and direction on the City's General Fund Operating Budget and Capital Improvement Program (CIP) Budget. Any budget impacts to FY 2021-22 are included in a separate report on the consent calendar.  
 
7.   Amendment to the Position Allocation List - Add a Part-time Code Enforcement Officer Position
 
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: U.S. Air Force Auxiliary, Capt. Jeff Goeggel, Civil Air Patrol
 
10.   Invocation: Daniel Mendoza, Celebration OC
 
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.   February 1, 2022, City Council Regular Meeting Minutes - Approve
 
16.   February 3, 2022 City Council Special Meeting Minutes - Approve. 
 
17.   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.
 
18.   SB 1383 Organic Waste Recycling Compliance: Adopt Ordinance No. 1224 adding Chapter 8.56, Organic Waste Disposal, to the Brea Municipal Code - Adopt Ordinance No. 1224, adding Chapter 8.56, Organic Waste Disposal, to the Brea Municipal Code and adopting regulations for organic waste recycling per SB 1383. Second reading was waived at the February 1, 2022, meeting. 
 
19.   Extension of Professional Services Agreement with lnterwest Consulting Group, Inc. - Approve one-year extension of Professional Services Agreement with lnterwest Consulting Group, Inc. in the amount not-to-exceed $150,000 per year.  There is no fiscal impact to the General Fund. 
 
20.   Approve Water Meter Shutdown Indemnity and Release Agreement with Buena Vida Maintenance Corporation - Approve Water Meter Shutdown Indemnity and Release Agreement with the Buena Vida Maintenance Corporation, authorizing the shutdown of Water Meter Nos. 2 and 3 within the Solana Neighborhood at Buena Vida Community. There is no fiscal impact to the General Fund. 
 
21.   Budget Adjustments to the City Operating Budget for Fiscal Year 2021-22 - Adopt Resolution No. 2022-016, appropriating funds to adjust the Fiscal Year 2021-22 City Operating Budget.
 
22.   Accept State of California Tobacco Grant Program Award for School Resource Officer and Tobacco Education, Outreach and Enforcement and Retailer Education and Compliance Programs - Adopt Resolution No. 2022-017 accepting a State of California Tobacco Grant Program Award for the School Resource Officer (SRO), SRO Tobacco Education, Outreach and Enforcement and Tobacco Retailer Education and Compliance Programs in an amount up to $748,095, for the three-year grant program beginning December 1, 2021, and ending June 30, 2025; and authorize the Police Chief to enter into a Memorandum of Understanding with the Department of Justice, for receipt of grant funds.
 
23.   Amendment to the Position Allocation List - Add a Part-time Code Enforcement Officer Position - Approve Resolution No. 2022-018, amending the Position Allocation List to add a Part-time Code Enforcement Officer position in the Building & Safety Division; and Appropriate $20,778 to amend the City's General Fund (110) Operating Budget for Fiscal Year 2021-22 for the remainder of this fiscal year which includes three (3) months of personnel and ongoing operating costs as well as the one time initial costs.  The ongoing personnel and operating costs which typically increase annually will need to be programmed in future budgets.
 
24.   Acceptance of Relinquishment of Project Approvals, Rescission of City Council Resolution Nos. 2021-009, 2021-010, and 2021-011, and Vacation of Project of Approvals for a Proposed Raising Cane's Restaurant with Drive-Thru at 255 East Imperial Highway, in the C-P (Commercial Professional) P-D (Precise Development) Zone - Adopt of Resolution No. 2022-019 to accept Raising Cane's Restaurants' relinquishment of project approvals, rescind City Council Resolution Nos. 2021-009, 2021-010, and 2021-011, and vacate the City Council's approval of a proposed restaurant with drive-thru at 255 East Imperial Highway, in the C-P (Commercial Professional) P-D (Precise Development) Zone. There is no direct fiscal impact from rescission and vacation of the Project Approvals. 
 
25.   City Outgoing Payment Log and Disbursement Registers for February 4 and 11, 2022 - Receive and file.
 
ADMINISTRATIVE ANNOUNCEMENTS
 
26.   City Manager
 
27.   City Attorney
 
28.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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