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City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Tuesday, August 16, 2022
6:00 p.m. - Closed Session
6:30 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
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 City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Management Association (BFMA) - Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney. 
 
3.   Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation.  Name of Case:  Lancaster v. City of Brea (Case No. 30-2022-01270666-CU-WM-CJC)
 
4.   Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation.  Initiation of Litigation: 1 potential case.
 
STUDY SESSION
6:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL
 
5.   Public Comment
 
6.   Clarify Regular Meeting Topics
 
DISCUSSION ITEMS
 
7.   Commissioner Compensation
 
8.   Traffic Signal Modification Project CIP No. 7717 Discussion
 
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: Boy Scout Troop 707
 
11.   Invocation: Tyler Lemen, Birch Street Friends Church
 
12.   Presentation: Clarissa Serpas, Southern California Gas Company
 
13.   Presentation: Lambert/SR-57 Update 
 
14.   Report - Prior Study Session
 
15.   Community Announcements
 
16.   Matters from the Audience
 
17.   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.
 
18.   Water and Sewer Rates - This item is continued to the November 15, 2022 Regular City Council Meeting 
 
19.   General Plan Amendment No. 2022-03: Amendment and Re-Adoption of the City's 6th Cycle Housing Element - Staff recommends that the City Council take the following actions: Find the re-adoption of the City’s 6th Cycle Housing Element exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061; Adopt Resolution No. 2022-061, approving General Plan Amendment No. GPA 2022-03 to amend and re-adopt the City’s 6th Cycle Housing Element for the 2021-2029 planning period, based on the findings and conclusions in the Resolution; and Direct City staff to submit the adopted revised Housing Element to HCD.
 
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."
 
20.   2022 Investment Advisory Committee (IAC) Annual Update Presentation and City Treasurer PresentationLong-Term Debt Obligation Overview
 
21.   Second Reading of Ordinances - Brea 265 Specific Plan - Adopt Ordinance No. 1229, an Ordinance of the City Of Brea approving Zone Change No. 2022-01 for the Brea 265 Specific Plan Project, and Ordinance No. 1230, an Ordinance of the City Council of the City of Brea approving Development Agreement No. 2022-01 By and between the City of Brea and Aera Energy, LLC regarding the Brea 265 Specific Plan Project.  
 
22.   Rescission of Approval of Zone Change No. ZC 2021-02, Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-18 for Property Located at 1639 E. Imperial Highway (Brea Plaza Shopping Center) - Rescind approval of Zone Change, Precise Development, and Conditional Use Permit approvals for the formerly proposed mixed-use project Brea Plaza Shopping Center located at 1639 E. Imperial Highway by taking the following actions: Adopt urgency Ordinance No. 1231 repealing Ordinance No. 1226 to rescind approval of Zone Change No. ZC 2021-02; and Approve Resolution No. 2022-062 repealing Resolution Nos. 2022-031 and 2022-032 to rescind approval of Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-18.
 
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
 
23.   July 19, 2022 City Council Regular Meeting Minutes - Approve. 
 
24.   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.
 
25.   Investment Policy Guidelines for the City of Brea's Employee Benefits Fund Pension Plan - Review and approve the Investment Policy Guidelines for the City of Brea’s Employee Benefits Fund Pension Plan through Public Agency Retirement Services (PARS).
 
26.   Investment Policy Guidelines for the City of Brea's Other Post Employment Benefits (OPEB) Trust Fund - Review and approve the Investment Guidelines for the City's Other Post Employment Benefits (OPEB) Trust Fund through Public Agency Retirement Services (PARS). There is no fiscal impact to the General Fund. 
 
27.   Approval of Easement for OC Loop El Cajon Trail Bikeway (Segment D) - Approve easement dedication in favor of the County of Orange for bikeway access and maintenance for the OC Loop El Cajon Trail Bikeway (Segment D) and authorize City Clerk to execute easement. There is no fiscal impact to the General Fund. 
 
28.   Approve Plans and Specifications, and Authorize the Purchase of Traffic Signal Poles for the Traffic Signal Modification Project, CIP No. 7717 - Approve the Plans and Specifications for the Traffic Signal Modification Project – Lambert Road at Cliffwood Ave-Cliffwood Park Street; authorize the City Clerk to advertise and receive bids; and authorize City Manager to Issue a Purchase Order in the Amount of $72,995.24 to Walters Wholesale Electric Co. for the new traffic signal poles. The project is funded through the approved FY 2021-22 CIP Project budget from Traffic Impact Funds (Fund 540).  There is no fiscal impact to the General Fund. 
 
29.   Microsoft 365 Exchange (Email) Licenses - Authorize the City’s Procurement & Contracts Administrator or designee to provide a Purchase Order for the purchase of Microsoft 365 Exchange licenses through a Microsoft government pricing Enterprise Agreement (EA). The cost of this software over a three-year contract averages $42,220 per year for a total cost of $126.660. The cost of the annual licensing fee for this software is $42,220 in the first year, $42,220 in year two and $42,220 in year three of the contract. The funds to purchase these licenses have already been appropriated in the current fiscal year budget. There is no additional impact to the budget.
 
30.   Software/Hardware Maintenance Support and Online Subscription Service Agreements - Authorize the Purchasing Agent or designee to approve renewal agreements with various support service providers for the life of the computer software or hardware and for online software subscription services; and authorize the Purchasing Agent or designee to issue purchase orders for these renewal agreements that do not exceed available budget appropriations. The annual support cost of $104,500 to Motorola Solutions for the CAD/RMS police dispatch and records management system, and $72,000 to CentralSquare Technologies for the City’s financial software system will be charged to the Information Technology Internal Service Fund (745).  Annual maintenance fees of $94,250 to the County of Orange for the 800Mhz radio system and $53,615 to Motorola Solutions for body worn camera and in car camera software will be charged to the Public Safety Augmentation Fund (172). The City Council adopted Fiscal Year 2022-23 Budget has sufficient funding available for these purchases. There is no additional fiscal impact based on this action.
 
31.   Approve Purchase of Nine (9) Utility Poles for Safety Netting at Brea Creek Golf Course CIP 7978 - Approve purchase of nine utility poles from Stella Jones in the amount of $34,652.90. The full cost of the nine, seventy-five foot poles is $34,652.90.  Funding is available in the CIP budget.
 
32.   Monthly Report of Cash and Investments for the City of Brea for Period Ended June 30, 2022 - Receive and file.
 
33.   Outgoing Payment Log and July 22 & 29 and August 5 & 12, 2022 City Disbursement Registers - Receive and file. 
 
CITY/ SUCCESSOR AGENCY - CONSENT
 
34.   Annual Review of Statement of Investment Policy for the City of Brea/Successor Agency to the Brea Redevelopment Agency - Review and approve the City of Brea/Successor Agency to the Brea Redevelopment Agency Statement of Investment Policy.
 
35.   Monthly Report of Cash and Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2022 - Receive and file.
 
ADMINISTRATIVE ANNOUNCEMENTS
 
36.   City Manager
 
37.   City Attorney
 
38.   Council Requests
 
COUNCIL ANNOUNCEMENTS
 
ADJOURNMENT
 

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