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City Council Agenda
Tuesday, May 2, 2023
6:00 p.m. - Closed Session
6:15 p.m. - Study 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 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 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 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 Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

6:00 p.m. - Executive Conference Room
Level Three

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 (BMA), Brea City Employees' Association (BCEA), and Administrative and Professional Employees' Association (APEA).- Bill Gallardo, Negotiator and Laura Kalty and Oliver Yee LCW Attorneys.
3.   Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.  
Property: 15 Ft. Wide Railroad Corridor Easement Between Palm Street and Berry Street/Mercury Lane
City of Brea Negotiator: Public Works Director Michael Ho  
Negotiating Party: Union Pacific Railroad Company
Under Negotiation: Price and Terms of Payment
6:15 p.m. - Executive Conference Room
Level Three

4.   Public Comment
5.   Clarify Regular Meeting Topics
6.   Update on the Police Department's Proposed Integrated Crime Center Outreach
7.   Council Member Report/Requests
7:00 p.m. - Council Chamber
Plaza Level

8.   Pledge of Allegiance: Boy Scout Troop 707
9.   Invocation: Pastor Fernando Villicaña, Firehouse Church 
10.   Presentation: Lifesaving Recognition
11.   Presentation: Orange County 2021 Hate Crime Report Release
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.   Environmental Impact Report No. 2020-01 and Approval of General Plan Amendment No. 2020-01, Zone Change No. 2020-01, Development Agreement No. 2020-01 Tentative Parcel Map No. 2022-113, Precise Development Plan No. 2020-02, and Conditional Use Permit Nos. 2020-06, 2022-16, 2022-17, and 2022-18 (Brea Mall Mixed-Use Project) - Staff recommends that the City Council take the following actions: Adopt Resolution No. 2023-024 certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2019080299, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Section 15132 (Contents of Final EIR), and CEQA Guidelines Section 15090 (Certification of the Final EIR); Adopt Resolution Nos. 2023-025 through 2023-028 approving the following entitlements, based on findings and conclusions in the corresponding resolutions, and subject to the recommended conditions of approval: GPA No. 2020-01, to change the General Plan Land Use designation of the Project Site and the entire Brea Mall property from Regional Commercial to Mixed-Use I; TPM No. 2022-113, to adjust lot lines within the Project Site to accommodate the Project; PD No. 2020-02, to demolish the former Sears department store building, associated auto center, and the adjacent surface parking lot and allow a new mixed-use development that includes retail, restaurants, for-rent residential apartments, a resort-type fitness center, and an outdoor gathering space; CUP No. 2020-06, to establish a new comprehensive sign program for the Project; CUP No. 2022-16, to allow on-site alcohol consumption of beer, wine and distilled spirits within dining establishments; CUP No. 2022-17, to allow a shared parking plan for the Project; and CUP No. 2022-18, to allow a new resort-type fitness center; Introduce by title only and waive further reading of Ordinance Nos. 1236 and 1237 approving the following entitlements, based on findings and conclusions in the corresponding ordinances: ZC No. 2020-01, to change the zoning designation of the Project Site and the entire Brea Mall property from Major Shopping Center (C-C) with a Precise Development (P-D) overlay to Mixed-Use I (MU-I); and DA No. 2020-01, for a contract between the Applicant and the City, defining the terms of development proposed by vesting the City’s approval while specifying public benefits and improvements; 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."

17.   April 18, 2023 City Council Regular Meeting Minutes - Approve. 
18.   Rejection of Bids for the Senior Center & Pioneer Hall Roofs, CIP Project No. 7975 - Reject all bids and direct the City Clerk to return all bid bonds. 
19.   Acceptance of Country Hills Subdivision Pavement and Water Improvements, Project No. 7322 - Authorize increasing the Contract Contingency by 1.8%; Accept project as complete and authorize City Clerk to record Notice of Completion; Accept the Warranty Bond; and Authorize City Clerk to release the Performance Bond upon acceptance of the Warranty Bond, and release the Payment Bond upon further notification from the Public Works Department.
20.   Update to (Azteca Systems, Inc) Cityworks Software License and Maintenance Agreement - Approve updated Software License and Maintenance Agreement for Public Works Maintenance Management Program. The Annual Update and Support Fee for the annual period of 07/01/22 to 05/14/23 has been prorated at $9,625.00. The normal Annual Update and Support Fee of $11,000.00, for the period of 05/15/23 to 05/14/24, remains the same and no additional funding is needed, and costs have been allocated in following funds: water, sewer, street, parks, sanitation and buildings. 
21.   April 14 and 21, 2023 City Disbursement Registers - Approve.
22.   City Manager
23.   City Attorney
24.   Council Requests

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