City of Brea

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M.

1.A. Call to Order/Roll Call-

Mayor Stewart called the Closed Session to order at 5:30 p.m. All members were present, with Council Member Vargas absent.

1.B. Public Comment-

None.

1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 2 potential cases.-

Mayor Stewart adjourned the Closed Session at 6:13 p.m.

2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M.

2.A. Call to Order/Roll Call-

Mayor Stewart called the Study Session to order at 6:15 p.m. All members were present, with Council Member Vargas absent.

2.B. Public Comment-

None.

2.C. Clarify Regular Meeting Topics -

Mayor Stewart announced that the Study Session items will be taken out of order.

2.D. Comprehensive User Fee Study Update-

Administrative Services Director Lo provided background information on the item. Tony Trasher from Willdan Financial Services provided an oral presentation and spoke about the importance of updating user fees. He stated the objectives for the fee adjustments are to determine the full cost of providing services and to update fees for services based on cost analysis. He provided suggested fee adjustments for Administrative Services, Water Utility Billing, Planning, Building, Community Services, Fire, Police and Public Works.

City Council discussed concerns with the new user fees proposed for planning, parking permits, alarm permits, and tree removal permits.

In response to Council discussion, Assistant City Manager/Community Development Director Killebrew stated the cost adjustments are to subcategorize existing fees only and no new fees have been created.

City Council requested staff bring the item back to a future Study Session with a breakdown of all Department fee adjustments.

2.E. Policy Considerations for Short-Term Rental Properties

Management Analyst Magaña presented an overview of the draft zoning text amendments and reviewed the eligibility requirements for Accessory Dwelling Units, mobile homes and house trailers for short-term rentals. She announced the short-term rental pilot program will commence on February 1, 2026, and expire on December 31, 2029. She also reviewed the eligibility requirements for properties that reside within an homeowner's association (HOA) and stated HOA’s have been notified of the City’s intent to review and update their short-term rental regulations. She stated the number of short-term rental permits allotted will vary between single-family and multi-family properties.

Council discussed the number of permits allocated for multi-family housing complexes and distance requirements.

In response to Council discussion, Assistant City Manager/Community Development Director Killebrew indicated that the number of allotted permits can be changed and stated that the proposed policy would allow the City to hold property owners responsible for any misconduct.

Management Analyst Magaña continued her presentation and reviewed the application process and requirements.

Council discussed the geography of allotted permits and suggested a first come first serve or lottery system to help mitigate the number of permits issued. The Council requested staff to research local agencies short-term rental policies and return to a future meeting with an ordinance for consideration.

2.F. Consideration of Adding an Economic Development Chapter to Brea City Code

Community Development Manager Furio provided an oral presentation that included background information, research, and elements of the proposed ordinance. She specified the purpose of this ordinance is to formalize the work already being done in economic development and to establish incentives for qualifying eligible businesses. She stated the goals for the economic development program are to increase business attraction retention, economic diversification, tourism in the City, and workforce development. She stated over 92 cities in California have Sales Tax Rebate agreements and provided a list of local surrounding agencies. She reviewed the proposed qualifications and requirements for retail sales and warehouse stores, automotive sales and leasing, and business endeavors. She also reviewed proposed incentives and stated any financial incentives would come back to the Council at a public hearing for consideration.

Council Member Marick asked if neighboring cities were left off the Sales Tax Rebate Agreement list because they are a part of a redevelopment agency and if so, that information should be provided in a future staff report.

Assistant City Manager/Community Development Director Killebrew stated the list does not include any type of Transient Occupancy Tax (TOT) and asked the Council if that information should be reported as well.

Council concurred that the TOT information is not necessary and directed staff to move forward with bringing an ordinance to a future City Council meeting.

2.G. Council Member Reports/Requests-

None.

2.H. Study Session Adjournment-

Mayor Stewart adjourned the Study Session at 7:01 p.m.

3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.

3.A. Call to Order/Roll Call

Mayor Stewart called the General Session to order at 7:08 p.m. All members were present, with Council Member Vargas absent.

3.B. Pledge of Allegiance: Boy Scout Troop 707

Boy Scout Troop 707 led the Pledge of Allegiance.

3.C. Invocation: Pastor Rick Crockett, Crosspointe Church

Pastor Rick Crockett, Crosspointe Church, led the Invocation.

3.D. Proclamation: National Preparedness Month

Mayor Stewart presented Emergency Preparedness Coordinator Lisa Keyworth and members of the CERT Team with a Proclamation recognizing September as National Preparedness Month.

3.E. Proclamation: Service Club Month

Mayor Stewart presented representatives from the Brea Rotary Club, Brea/La Habra Soroptimists Club, Brea Lions Club and St. Angelia Merici Knights of Columbus a Proclamation recognizing September as Service Club Month.

3.F. Report - Prior Study Session

City Manager Griffith provided a report on the prior Study Session.

3.G. Community Announcements

Council Member Simonoff announced that the City has reinstated parking enforcement for the street sweeping program. He stated warnings have been issued and citations will be given out starting the week of November 3, 2025. He explained the goal of the street sweeping program is to maintain the safety and cleanliness of the city streets. He asked residents to please keep their vehicles off the streets during designated street sweeping days, and to visit the the City website for additional information.

Council Member Hupp invited the community to attend the Inner Coastal Cleanup Day on Saturday, September 20 at the Brea Creek Channel from 7:00 to 11:00 a.m. She stated supplies will be provided to all participants and additional information can be found on the City website.

Council Member Marick announced the City will be participating in the County Alert OC test on Wednesday, September 17 at 10:00 a.m. She encouraged the community to sign up or update phone numbers and emails on AlertOC.org.

Mayor Stewart announced the 2025 State of the City is now available to view online. He indicated that the State of the City is an opportunity for the community to learn about what has been accomplished this past year, and what is planned for the future. He stated the topics included are budget, development, public safety and more. He added that the State of the City is available to watch on-demand on the City website, Brea TV streaming app and the City's YouTube channel.

3.H. Matters from the Audience

Prashant and Najale Shah spoke regarding parking and parking enforcement on South Orange Avenue.

Priscilla Sanchez spoke in opposition to the location of the Jamboree Housing Development Project.

Suranee Waleszonia spoke about the lack of transparency regarding the Permanent Supportive Affordable Housing Project on Brea Boulevard.

Emily Villalobos spoke in opposition to the location of the Permanent Supportive Affordable Housing Project on Brea Boulevard.

Roy Jefferson spoke regarding Service Clubs recognition and thanked the council for Proclaiming September as Service Clubs Month.

Sean Thomas expressed gratitude to the Council and Public Works Department for resolving a trash concern. He also spoke regarding E-Bike Safety on the Brea Trails.

3.I. Response to Public Inquiries- 7:46 PM

Mayor Stewart responded to public inquires.

4. PUBLIC HEARING

4.A. 2025 Public Health Goals on Water Quality

Utilities Manager Correa provided a presentation on the item and spoke regarding requirements from the State Water Resources Control Board and public health goals. He also provided information about the City of Brea water supply sources, quarterly water testing and indicated that the City's water supply is in compliance with the California Department of Public Health's Public Health and Safety Code.

Mayor Stewart opened the public hearing.

Seeing no member of the public wishing to address the Council, Mayor Stewart closed the public hearing.

Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to accept and approve the 2025 Public Health Goals Report on Water Quality. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff. Absent: Vargas)

4.B. Second Reading Brea Construction Code Tri-Annual Code Update

Building Official Varela provided a presentation on the item and spoke regarding legal requirements, effective dates and background information.

Mayor Stewart opened the public hearing.

Seeing no members of the public wishing to address the Council, Mayor Stewart closed the public hearing.

Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to adopt by title only and waive further reading of Ordinance No. 1264,"An Ordinance of the City Council of the City of Brea adopting by reference the 2025 Edition of the California Administrative, Building, Residential, Mechanical, Plumbing, Electrical, Green Building Standards, Energy, Historical Building, and Existing Building Codes, the 2024 Edition of the International Property Maintenance Code, and the 2024 Edition of the International Swimming Pool And Spa Code, together with appendices, amendments, deletions and penalties, amending Title 15 of the Brea City Code, and approving a CEQA Exemption Determination, "adopting by reference and amending, Codes comprising the 2025 Edition of the California Building Standards Code, and related “model” codes (collectively “California Code(s)”sometimes herein), the 2024 International Swimming Pool and Spa Code, and the 2024International Property Maintenance Code; and adopt Resolution No. 2025-061, setting forth required findings for amendments to the2025 Edition of the California Building Standards Code and related “model” codes (collectively “California Code(s)” sometimes herein), and the 2024 International Swimming Pool and Spa Code, based on local climatic, topographical, and/or geological conditions. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff. Absent: Vargas)

4.C. Second Reading 2025 Fire Code and Wildland Urban Interface Ordinance

Fire Marshal Pesqueira provided a presentation on the item and spoke regarding changes to the Brea Fire Code.

Mayor Stewart opened the public hearing.

Seeing no members of the public wishing to address the Council, Mayor Stewart closed the public hearing.

A motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to adopt by title only and waive further reading of Ordinance No. 1265, "An Ordinance of the City Council of the City of Brea adopting by reference and Amending the 2025 California Wildland - Urban Interface Code and California Fire Code and Portions of the 2024 International Fire Code, as the City of Brea Fire Code, together with certain amendments, additions, deletions and exceptions, amending Title 16 (Fire Safety) of the Brea City Code, and Approving a CEQA Exemption Determination," adopting by reference and amending the 2025 California Fire Code (CFC) and 2025 California Wildland Urban Interface Code (CWUIC); and adopt Resolution No. 2025-062, setting forth required findings for amendments to the2025 California Fire and Wildland Urban Interface Codes based on local climatic, topographical, and/or geological conditions. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff. Absent: Vargas)

5. ADMINISTRATIVE ITEMS

5.A. 2025 Investment Advisory Committee (IAC) Annual Update and City Treasurer Presentation

Administrative Services Director Lo spoke about the background of the Investment Advisory Committee and introduced members in attendance.

Karl Meng, Chandler Asset Management, provided an overview of Chandler’s strategies and objectives; employment and inflation trends; the Federal Reserve and bond yields; the City’s portfolio summary; purchase yields, long-term performance, compliance, and trust structure; and benefits.

Keith Stribling, PFM Asst Management, provided additional information regarding the Federal Reserve and bond yields. He also provided an overview of the City’s PARS Pension and OPEB Portfolio summary.

City Treasurer Eby provided an overview of Brea’s General Fund Obligations, water revenue bonds, Successor Agency to the Redevelopment Agency Bonds, and pension and release of obligations.

5.B. Annual Report related to Police Department use of Military Equipment as required by Government Code § 7072

Police Lieutenant Haddad provided a report on police use of military equipment for calendar year 2024 in compliance with Assembly Bill 481.

The City Council received and filed the report.

6. CONSENT CALENDAR

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to approve City Consent Calendar Items 6A - 6J. Motion passed 4-0-1-0 (Aye: Stewart, Marick, Hupp, Simonoff. Absent: Vargas)

6.A. August 19, 2025 Regular City Council Meeting Minutes

The City Council approved the August 19, 2025 City Council Meeting Minutes as written.

6.B. Annual Mills Act Compliance Report

The City Council received and filed the annual Mills Act compliance report.

6.C. Encroachment, Maintenance, and Restoration Agreement for Main Event at 245 W. Birch St.

The City Council approved the Encroachment, Maintenance, and Restoration Agreement for Main Event at 245 W. Birch St.; authorized the City Manager to execute the Encroachment, Maintenance, and Restoration Agreement and any non-monetary contract amendments and ancillary documents required for implementation of the Encroachment, Maintenance, and Restoration Agreement; and authorized the City Clerk to record the Encroachment, Maintenance, and Restoration Agreement.

6.D. Approval of Police Mobile Data Computers (MDC), Modems and Peripherals Replacements

The City Council authorized the City’s Procurement & Contracts Administrator to provide a Purchase Order for the purchase of Mobile Data Computers (MDCs), modems, and peripherals for the Police Department and authorized the City Manager to sign the Professional Services Agreement with Motorola Solutions for $522,924.75.

6.E. Consideration and Approval of Easement Agreements with TPA VI, LLC for the Purchase of the City’s Lease Interests in Wireless Telecommunication Sites at 101 South Brea Boulevard and 400 North Kraemer Boulevard

The City Council found the below-mentioned Easement Agreements exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); Approved Easement Agreements and related closing documents with TPA VI, LLC (TowerPoint) for purchase of the City’s lease interests in wireless telecommunications sites located at 101 South Brea Boulevard and 400 North Kraemer Boulevard; Adopted Resolution Nos. 2025-063 and 2025-064 approving execution of the Easement Agreements and authorizing the City Manager to execute such Easement Agreements and all related closing documents upon completion of TowerPoint's title search/commitments as described in Attachment I; Authorized the City Manager to administratively make non-substantive revisions to the Easement Agreements and related closing documents as necessary or appropriate; Amended the Fiscal Year 2025-27 City’s General Fund (110) Operating Budget to: Appropriate up to $1,785,000 in one-time revenue from the new Easement Agreements; and De-obligated up to $194,075 (for this budget cycle) in revenue due to the new Easement Agreements’ purchase of the City’s interests in the two existing wireless leases.

6.F. Investment Policy Guidelines for the City of Brea's Employee Benefits Fund Pension Plan

The City Council reviewed and approved the Investment Policy Guidelines for the City of Brea’s Employee Benefits Fund Pension Plan through Public Agency Retirement Services (PARS). 

6.G. Statement of Investment Policy for the City/Brea Successor Agency to the Brea Redevelopment Agency

The City Council reviewed and approved the City of Brea/Successor Agency to the Brea Redevelopment Agency Statement of Investment Policy.

6.H. Investment Policy Guidelines for the City of Brea's Other Post Employment Benefits (OPEB) Trust Fund

The City Council reviewed and approved the Investment Guidelines for the City's Other Post Employment Benefits (OPEB) Trust Fund through Public Agency Retirement Services (PARS).

6.I. Monthly Report of Investments for the City of Brea for Period Ended August 31, 2025

The City Council received and filed the Monthly Report of Investments.

6.J. August Outgoing Payment Log and City Disbursement Registers for August 15, 2025 , August 22, 2025, August 29, 2025, and September 5, 2025

The City Council received and filed the August Outgoing Payment Log and City Disbursement Registers.

7. CITY/SUCCESSOR AGENCY - CONSENT

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to approve City/Successor Agency Consent Item 7A. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff. Absent: Vargas)

7.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2025

The City Council, as the Successor Agency, received and filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2025.

8. ADMINISTRATIVE ANNOUNCEMENTS

8.A. City Manager

None.

8.B. City Attorney

None.

8.C. Council Requests

None.

9. COUNCIL ANNOUNCEMENTS

9.A. Council Announcements

None.

10. ADJOURNMENT

10.A. Meeting Adjournment

Mayor Stewart adjourned the General Session at 8:29 p.m.