Agenda

Return

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda

Tuesday, July 19, 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

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.

Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Association (BPA) and the Brea Fire Management Association (BFMA) - Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney.

Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b). Title: City Manager

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: Cox Castle Nicholson Challenge To Brea Plaza Project Referendum

STUDY SESSION

6:15 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

Clarify Regular Meeting Topics

DISCUSSION ITEMS

Overview of the City's Public Service Community Facilities Districts (CFDs)

REPORT

Council Member Report/Requests

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL

Pledge of Allegiance: Boy Scout Troop 707

10.

Invocation: Rick Darden, Friends Community Church

11.

Presentation: Orange County APA Award - Connecting the Core Active Transportation Plan

12.

Report - Prior Study Session

13.

Community Announcements

14.

Matters from the Audience

15.

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.

16.

Water and Sewer Rates - This item is continued to the August 16, 2022 Regular 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."

17.

Reconsideration of General Plan Amendment No. GPA 2021-04 For Property Located at 1639 E. Imperial Highway (Brea Plaza Shopping Center) - Reconsider approval of General Plan Amendment No. GPA 2021-04 and take one of the following actions: 1) Approve Resolution No. 2022-XXX repealing Resolution No. 2022-033 to rescind approval of General Plan Amendment No. GPA 2021-04 for the Brea Plaza Shopping Center at 1639 E. Imperial Highway; or 2) Approve Resolution No. 2022-XXX submitting Resolution No. 2022-033 to the voters at the November 8, 2022, General Municipal Election.

18.

Environmental Impact Report No. 2022-01, General Plan Amendment No. 2022-01, Zone Change No. 2022-01, Specific Plan No. 2022-01, and Development Agreement No. 2022-01 (Brea 265 Specific Plan) - Staff recommends that the City Council take the following actions: Approve a Resolution certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2020079022, and adopting Findings of Fact (FOF), a Statement of Overriding Considerations (SOC), and a Mitigation Monitoring Program (MMP); Approve a Resolution approving General Plan Amendment No. 2022-01 to amend the General Plan Land Use designation of the Project site from Hillside Residential and Low Density Residential to Specific Plan, based on the findings and conclusions in the attached resolution; Introduce by title only and waive further reading of an Ordinance approving Zone Change No. 2022-01 to amend the zoning designation of the Project site from HR and R-1 to Specific Plan, based on the findings and conclusions in the attached ordinance; Approve a Resolution approving Specific Plan No. 2022-01 for the Brea 265 Specific Plan, based on the findings and conclusions in the attached resolution, and subject to the recommended conditions of approval ; Introduce by title only and waive further reading of an Ordinance approving Development Agreement No. 2022-01, based on the findings and conclusions in the attached ordinance; and Schedule adoption of aforementioned Ordinances at the next regular City Council meeting.

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

19.

June 21, 2022 City Council Regular Meeting Minutes - Approve.

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.

21.

Accept a $133,244.52 California Highway Patrol Cannabis Tax Fund Grant Program Award for DUI Enforcement Training - Adopt Resolution No. 2022-054 accepting a State of California Cannabis Tax Fund Grant Program (CTFGP) Award for training in the areas of education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, in the amount of $133,244.52, for the one-year grant program which began July 1, 2022 and ends June 30, 2023. Adoption of the resolution will result in a reimbursement of $133,244.52 by the State and will offset the General Fund costs.

22.

Agreement with Carbon Solutions for Upgrades to Electric Charging Stations at the Brea Civic & Cultural Center - Authorize the Mayor to execute the agreement with Carbon Solutions. Approval of this agreement will result in cost savings to the General Fund for electricity costs.

23.

Authorization to Execute Contractual Services Agreement Between City of Brea and NEOGOV for Recruitment and Onboarding Software Services - Approve recommendation that the City Council execute contractual services agreement between the City of Brea and GovernmentJobs.com, Inc. (“NEOGOV”) and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360). The cost of this software over a three-year contract averages $22,469 per year for a total cost of $67,407. Funding will be charged fifty (50) percent to the General Fund (110) and fifty (50) percent to the Risk Management Fund (470).

24.

Annual Vehicles and Equipment Purchase Plan for Fiscal Year 2022-23 - Authorize the Purchasing Agent to issue purchase orders in an amount not-to-exceed $1,407,500 for various City vehicles and equipment described in the Annual Vehicles Replacement Plan for Fiscal Year (FY) 2022-23. The City Council adopted Fiscal Year 2022-23 Budget has sufficient funding available for the requested not-to exceed amount for these purchases in the Public Works Department, Equipment Maintenance Division, expenditure account in Mobile Equipment (480-51-5161-4641), Field and Shop Equipment (480-51-5161-4621), Community Benefit & Economic Development Fund (140-21-2131-4641) and General Fund (110-22-2211-4641 and 110-22-2231-4641).