Agenda

Return

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda

Tuesday, September 19, 2023

6:00 p.m. - Closed Session
7:00 p.m. - General Session

Marty Simonoff, Mayor

Christine Marick, Mayor Pro Tem

Cecilia Hupp, Council Member

Blair Stewart, Council Member

Steven Vargas, 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. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. 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 cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing cityclerksgroup@cityofbrea.net. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record 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

6:00 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 Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Shenkman & Hughes, PC California Voting Rights Act Claim

Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 1 potential case.

Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation. Name of Case: Aguirre et al. v. City of Brea (USDC Case No. 8:22-cv-02236-JWS-KES)

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

CALL TO ORDER/ ROLL CALL - COUNCIL

Pledge of Allegiance: Boy Scout Troop 707

Invocation: Pastor James Lee, Living Hope Community Church

Presentation: Introduction of the Local Hazard Mitigation Plan

Report - Prior Study Session

Community Announcements

10.

Matters from the Audience

11.

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

12.

August 15, 2023 City Council Regular Meeting Minutes - Approve.

13.

Approve a Historic Preservation Pilot Program for Fiscal Years 2023-2024 and 2024-2025 - Adopt Resolution 2023-054 approving a Historic Designation Pilot Program. There is no fiscal impact to the General Fund.

14.

Professional Services Agreements for Annual As-Needed Construction Management and Inspection Services for Various Capital Improvement Program and Private Development Projects - Approve Professional Service Agreements between the City of Brea and Ardurra Group, Inc.; Interwest Consulting Group; LG2WB Engineers, Inc. dba Linscott, Law & Greenspan, Engineers; Southstar Engineering & Consulting, Inc.; and Willdan Engineering for Construction Management and Inspection Services in the annual amount not-to-exceed $300,000 for two (2) years, plus three (3) optional 1-year extensions, and Authorize the City Manager to approve extensions. For FY 2013-2025, all CM&I costs are included in the approved CIP budget for these projects. Similarly, these costs will be included in the proposed budget for City Council consideration for future projects. These projects will be funded by CBED, FARP, Gas Tax, RMRA, Park, Measure M, Urban Runoff, Water, Sewer, Golf, Impact Fees, Capital/Mitigation, and State Grant Funds. There will be no impact on the General Fund.

15.

Rejection of Bids for the Walnut Way Sewer and Alley Improvements, CIP Project No. 7326 ("Project") - Reject all bids and direct the City Clerk to return all Bid Bonds to bidders.

16.

Award Contract with Kana Pipeline, Inc. for the Associated Road High-Pressure Water Line, CIP No. 7476 (Project) - Approve the Plans and Specifications; Receive bids; Award Contract to the lowest responsive and responsible bidder, Kana Pipeline, Inc.for $2,399,420.00; and, Authorize the City Engineer to issue Change Orders up to a "not-to-exceed" amount of 10% of the Contract Price. The approved FY 2023-24 CIP Project budget for Construction and Construction Engineering is $2,750,000. The total cost for Construction and Construction Engineering is $2,748,362, which includes the apparent low bid amount of ($2,399,420), a 10% contingency ($239,942), and Construction Engineering costs ($109,000). The funds within the approved budget are from the Water Fund (Fund 420) and Gas Tax (Fund 220).

17.

Purchase of Firefighter Turnouts - Authorize the Purchasing Agent or designees to issue purchase orders in an amount not-to-exceed $67,097 for the purchase of LION brand firefighter turnouts from AllStar Fire Equipment, Inc. This purchase is budgeted within the City's Operating Budget for Fiscal Year 2023-25 with funding from the City's General Fund (110) for $53,097 for the Fire Suppression Division and the City's Paramedic Services Fund (174) for $14,000 for the Paramedic Services Division.