Agenda packet — Brea City Council, March 18, 2025 (part 1 of 5)

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Study Session - 6:45 p.m.

General Session - 7:00 p.m.

Tuesday, March 18, 2025, 7:00 PM

COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Blair Stewart, Mayor Cecilia Hupp, Mayor Pro Tem Christine Marick, Council Member Marty Simonoff, 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.gov. 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 generally 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 [email protected].

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.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:45 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Clarify Regular Meeting Topics
1D. City Manager Employment Agreement
1E. Council Member Reports/Requests
1F. Study Session Adjournment

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
2B. Pledge of Allegiance: Brea Girl Scouts
2C. Invocation: Pastor Darcy Webster, Birch Street Friends Church 2D. Proclamation: National Girl Scout Week
2E. Report - Prior Study Session
2F. Community Announcements
2G. Matters from the Audience
2H. Response to Public Inquiries

3. ADMINISTRATIVE ITEM
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."
3A. City Manager Review Period Ordinance Update
— 1. Waive full reading of and introduce Ordinance No. 1255, "An Ordinance of the City Council of the City of Brea amending the Brea City Code to increase the City Manager review period and approving a CEQA exemption determination."

4. 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." 4A. March 4, 2025 Regular City Council Meeting Minutes
— 1. Approve
4B. Zoning Ordinance Text Amendment (ZOTA) No. 2024-01
— 1. Waive full reading and adopt Ordinance No. 1254 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2024-01 (Omnibus Zoning Code Update) and Approving a CEQA Exemption Determination." There is no fiscal impact to the General Fund. 4C. Approve Agreements with HOPE Center of Orange County and Project Youth OC and Approve the Appropriation of National Opioid Settlement Funds for FY 2024–25 and FY 2025–27
— 1. Authorize the City Manager to execute an Agreement between the HOPE Center and the Cities of Brea, Buena Park, Fullerton, and Placentia for the hiring of a Street Outreach Case Manager specializing in Medication-Assisted Treatment for a three-year term using the respective cities’ National Opioid Settlement (NOS) Funds; — 2. Authorize the City Manager to execute an Agreement with Project Youth OC for the expansion of their ShortStop and Stop Short of Addiction Program in the City of Brea for a three-year term using the NOS Funds;
— 3. Approve the appropriation of NOS Funds for the current Fiscal Year 2024-25 budget to begin purchasing supplies for opioid use prevention efforts; and — 4. Approve the appropriation of NOS Funds for Fiscal Year 2025-27 budget. There is no fiscal impact to the General Fund.
4D. Adopt a Resolution Authorizing Persons Holding Certain Designated Positions to Execute the Urban Area Security Initiative Grant Documents for and on behalf of the City of Brea
— 1. Adopt Resolution No. 2025-013 authorizing the Police Chief or his designee to execute Urban Area Security Initiative (UASI) grant documents for and on behalf of the City of Brea; — 2. Authorize the City Manager, Police Chief or designated persons within the Brea Police Department to oversee and administer the projects associated with the Anaheim/Santa Ana UASI training and funding on behalf of the City;
— 3. Approve an agreement with the City of Santa Ana for transfer or purchase of equipment/services or reimbursement of training costs;
— 4. Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and
— 5. Authorize the Police Chief to execute the agreement. There is no fiscal impact to the General Fund.
4E. Approval of City Manager Employment Agreement
— 1. Adopt Resolution No. 2025-014 of the City Council of the City of Brea approving employment agreement between the City of Brea and Kristin Griffith for employment as City Manager; and
— 2. Authorizing the Mayor to execute the Employment Agreement. There is no fiscal impact to the adopted budget for FY 2024-25 due to current budget allocation and department salary savings.
4F. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a.

Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption. — 1. Adopt a Resolution approving City staff’s recommendation for the proposed solid waste rates for residential, commercial and multi-family customers and Adopt a Resolution approving the Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) and corresponding Exhibits — 2. Find the Second Amended and Restated Franchise Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA). The subsequent franchise fees will depend upon the respective rate indexes and number of active solid waste accounts. Fees received will be deposited into the City's General Fund account (Fund 110). After the conclusion of FY 2024-2025, additional rate adjustments may be needed to achieve full cost recovery, as identified in the Cost-of-Service Study for Fund 440, which can be further analyzed as part of future budgeting processes.
4G. Monthly Report of Investments for the City of Brea for Period Ended February 28, 2025
— 1. Receive and file.
4H. February Outgoing Payment Log and City Disbursement Registers for February 28, 2025 and March 7, 2025
— 1. Receive and file.

5. CITY/SUCCESSOR AGENCY - CONSENT
5A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 28, 2025 — 1. Receive and file.

6. ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
6B. City Attorney
6C. Council Requests

7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements

8. ADJOURNMENT
8A. Meeting Adjournment
Date Posted: March 13, 2025
City of Brea
City Council Regular Meeting Communication
A. City Manager Review Period Ordinance Update
Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEM Item: 3A.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Waive full reading and introduce Ordinance No. 1255, "An Ordinance of the City Council of the City of Brea amending the Brea City Code to increase the City Manager review period and approving a CEQA exemption determination," by title only

BACKGROUND/DISCUSSION
Brea City Code Section 2.04.080(C) establishes a 90-day review period for newly elected City Council Members, or a reorganized City Council, to review the City Manager’s performance prior to the initiation of a removal without cause. The proposed Ordinance No. 1255 will increase the review period to six (6) months to provide additional time for newly elected City Council Members, or a reorganized City Council, to make an assessment.

FISCAL IMPACT/SUMMARY
Adoption of the ordinance will not have a budget impact RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Terence Boga, City Attorney
Attachments
Exhibit A Ordinance City Manager review period.pdf
Exhibit B excerpt.pdf
Exhibit C Redline.pdf
__________, 2025
ORD. ____
1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE BREA CITY CODE TO INCREASE THE CITY

MANAGER REVIEW PERIOD AND APPROVING A CEQA EXEMPTION

DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Brea City Code Section 2.040.080(C) establishes a 90-day period for newly elected City Council Members, or a reorganized City Council, to observe the actions and ability of the City Manager prior to the initiation of a removal without cause. (ii) The interests of the City of Brea will be served by increasing the City Manager review period to provide additional time for newly elected City Council Members, or a reorganized City Council, to perform an assessment. (iii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. Declaration. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

SECTION 2. Code Amendment. Subsection C of Section 2.04.080 (Removal Procedure) of Chapter 2.04 (City Manager) of Title 2 (Administration and Personnel) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:
“C. Limitation on removal. Notwithstanding the provisions of this section, proceedings for removal of the City Manager shall not be instituted other than for cause, during the period of six (6) months next succeeding the certification of results of a municipal election at which a member of the City Council is elected. The purpose of this provision is to allow __________, 2025
ORD. ____
2 newly elected members of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of the office. After the expiration of such six (6) month period, the provisions of this section as to the removal of the City Manager shall apply and be effective.” SECTION 3. CEQA. The City Council finds and determines that adoption of this Ordinance is exempt from California Environmental Quality Act (“CEQA”) review pursuant to statutory and categorical exemptions including California Code of Regulations Title 14, Section 15061(b)(3).

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of __________, 2025.
________________________________
Blair Stewart, Mayor
ATTEST: _____________________________
Lillian Harris-Neal, City Clerk
__________, 2025
ORD. ____
3 I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the ___ day of ___________, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea held on the ____ day of ___________, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: _______________, 2025
________________________________
Lillian Harris-Neal, City Clerk
§ 2.04.080 REMOVAL PROCEDURE.

A. Removal of Manager. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him or her and the reason therefor.

B. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof nor does any stated reason of the City Council for the intended removal or removal need to be one which constitutes cause.

C. Limitation on removal. Notwithstanding the provisions of this section, proceedings for removal of the City Manager shall not be instituted other than for cause, during or within a period of ninety (90) days next succeeding any municipal election held in the city at which election a member of the City Council is elected. The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of the office. After the expiration of such ninety (90) day period aforementioned, the provisions of this section as to the removal of such City Manager shall apply and be effective. ('61 Code, § 2.48) (Ord. 427, passed - - )
https://export.amlegal.com/api/export-requests/200b132b-9be6-4151-b197-76f988e140e5/download/ 3/10/25, 2:29 PM

Page 1 of 1 ends

Exhibit B
Exhibit C
BREA CITY CODE CHAPTER 2.04 UPDATE
- 1 of 1 -
Text to be added shown in italics
Text to be deleted shown in strike-through
CHAPTER 2.04: CITY MANAGER
§ 2.04.080 REMOVAL PROCEDURE.

C. Limitation on removal. Notwithstanding the provisions of this section, proceedings for removal of the City Manager shall not be instituted other than for cause, during or within a the period of ninety (90) days six (6) months next succeeding any the certification of results of a municipal election held in the city at which election a member of the City Council is elected. The purpose of this provision is to allow any newly elected member members of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of the office. After the expiration of such ninety (90) day six (6) month period aforementioned, the provisions of this section as to the removal of such the City Manager shall apply and be effective.

City of Brea
City Council Regular Meeting Communication
A. March 4, 2025 Regular City Council Meeting Minutes
Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4A.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Approve.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk
Attachments
03-04-2025 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
March 4, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. Call to Order/Roll CallMayor Stewart called the Closed Session to order at 6:00 p.m. All members were present. 1B. Public CommentNone.
1C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.

Property: Railroad Corridor Between Palm Street and Berry Channel. City of Brea Negotiators:

Public Works Director Michael Ho and Deputy Director of Community Services Sean L. Matlock.

Negotiating Party: Union Pacific Railroad Company. Under Negotiation: Price and Terms of Payment.-
1D. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. City Representatives: Council Member Marick, Council Member Vargas and Mario Maldonado, Human Resources Manager. Unrepresented Employee: City ManagerMayor Stewart adjourned the Closed Session at 6:58 p.m.

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:01 p.m. All members were present. 2B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.
2C. Invocation: Pastor Darcy Webster, Birch Street Friends Church Pastor Darcy Webster, Birch Street Friends Church, led the Invocation. 2D. Community Announcements
Council Member Vargas announced that the City of Brea and the HOPE Center have partnered to focus on street homeless outreach. He explained that the HOPE Center is designed as a centralized home for street homeless outreach workers and their specialized resources to deploy in real time when needed and the community can contact The HOPE Center’s live dispatch by calling, 657-243-1884, Monday through Friday 7:15 a.m. to 5:15 p.m. He noted that if calls are made after hours, a voice message can be left and one of the HOPE Center dispatchers will return calls the next business day. To speak to a live person, the community can contact OC Links at, 855- 625-4657 and indicated that the number is answered 24 hours a day, 7 days a week. He also reminded the community that for life-threatening emergencies, please call 9-1-1.

Council Member Marick announced that following the success of the Small Business Clinic hosted in late 2024, the Community Development Department will host a second workshop on March 19 from 5:00 to 8:30 p.m. She stated that entrepreneurs seeking personalized guidance on their marketing, operations, or financial needs are encouraged to schedule an appointment to meet with a one-on-one industry expert and indicated that the Small Business Clinic is available by appointment only, and interested business owners can secure a meeting by sending an email to the Economic Development team at [email protected].

Mayor Pro Tem Hupp announced, Go. Serve. Brea., a community-wide day of service that will take place on Saturday, April 26. She stated that this event will be modeled after, and will replace, Love Brea, and added that currently, Go. Serve. Brea. is accepting projects that range from helping organize a food pantry to landscaping. She stated that projects must be completed within a 2 to 3-hour window and encouraged the community to submit their ideas. For more information, visit the City's website.
2E. Matters from the Audience
Sean Thomas expressed concern regarding Item 4A, Consideration of Solid Waste and Recycling Service Rate Adjustments, noting issues with Republic Services trash pick-up in his community.

Keith Fullington expressed concerns with his water bills; the condition of Birch Street; inquired about the steel posts in the Downtown; and requested more musical events in the Downtown area.

Scott Hupp commended the Parks, Recreation, and Human Services Commission and City staff for their participation in the Brea Little League Opening Day ceremonies. 2F. Response to Public Inquiries
City Manager Griffith responded to public inquiries.

3. PUBLIC HEARING
3A. Zoning Ordinance Text Amendment (ZOTA) No. 2024-01
Assistant Planner Rubiano provided a presentation on the item and spoke about the executive summary, general topics of proposed ZOTA update, Mills Act Contract codification amendment, Accessory Dwelling Units (ADU), SB9 updates, on-site parking standards, fence and wall heights, planning entitlement types and processes, temporary use permits, other updates, noticing CEQA, and Planning Commission and recommendations.

Council discussed ADU regulations with regards to the placement of units and total number of units allowable.

City Planner Hwang explained the City's current standards and State regulations as they relate to the ability to regulate detached structures in the City.

Motion was made by Council Member Vargas and seconded by Mayor Pro Tem Hupp to introduce Ordinance No. 1254 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2024-01 (Omnibus Zoning Code Update) and approving a CEQA Exemption Determination"; and schedule adoption of aforementioned Ordinance at the next regular City Council meeting.

Motion passed 5-0-0-0.

Mayor Stewart announced that the Consent Calendar items will be voted on prior to the Administrative Item, to allow Council Member Simonoff to recuse himself from item 3A.

4. ADMINISTRATIVE ITEMS
4A. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.

Council Member Simonoff recused himself from the discussion and left the dias at 7:38 p.m.

Senior Management Analyst Cuevas provided a presentation and spoke about the item's background, revised commercial container overages, initial negotiated rates, and the proposed residential solid waste rates.

Public Works Director Ho spoke about the proposed overage fees and indicated the City has identified top offenders. He noted staff will be working directly with these individuals and businesses to strategize and assist in reducing the overages.

Council Member Marick spoke about illegal dumping and potential for inherent unfairness in overages to businesses as a result. She also inquired if the increased tipping fees will be apart of the index shift.

Mayor Stewart inquired if there was an appeal process for overage charges.

Mayor Pro Tem Hupp inquired as to the removal of the terms in the draft agreement related to retaining total flow control and indicated that at the previous meeting, the Council indicated that they wanted the .75% increase removed.

Council Member Vargas inquired about pick-up procedures and bin availability in mobile home parks.

Council inquired as to the total estimated value of the .75% increase as compared to the new Increased rates presented.

Council Member Marick also requested the rationale or methodology in coming up with the new increased rates.

Steven Herring, Area Municipal Manager, Republic Services, indicated Republic representatives do not have the estimated total value of the .75% increase and indicated the intent of the charges isn't to generate revenue and will credit overage charges for the customer to right-size bins.

Mitch Kopczyk, General Manager, Republic Services, indicated that there are health and safety issues that come as a result to overages in bins and the new rates are intended to be punitive in nature, to change customer behavior.

Council discussed possible options to notify customers that they have the ability to call and discuss overage charges to potentially have the charges credited back.

Public Works Director Ho indicated staff will follow-up with Republic to receive monthly reports of customers with the top overages, which will give city staff the opportunity to personally reach out and notify customers of their options.

Motion was made by Council Member Marick and seconded by Mayor Stewart to approve the City staff recommended rate increase. Motion failed 2-2-1-0 (Ayes: Stewart, Marick, Noes:

Hupp, Vargas, Recused: Simonoff).

5. CONSENT CALENDAR
Motion was made by Council Member Simonoff and seconded by Council Member Marick to approve the City Council Consent items 5A - 5C. Motion passed 5-0-0-0 5A. February 18, 2025 Regular Meeting Minutes
The City Council approved the February 18, 2025 Regular Meeting Minutes as written. 5B. General Plan Annual Progress Report 2024
The City Council received and filed the 2024 General Plan and Housing Element Annual Report; and directed staff to submit the Housing Element Annual Report to the California Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI).
5C. City Disbursement Registers for February 14 and 21, 2025 The City Council received and filed the City Disbursement Registers for February 14 and 21, 2025.

6. ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
None.
6B. City Attorney
None.
6C. Council Requests
None.

7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements
None.

8. ADJOURNMENT
8A. Meeting Adjournment
Mayor Stewart adjourned the General Session at 8:24 p.m.

City of Brea
City Council Regular Meeting Communication
B. Zoning Ordinance Text Amendment (ZOTA) No. 2024-01
Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4B.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following action:

1. Waive full reading and Ordinance No. 1254 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2024-01 (Omnibus Zoning Code Update) and Approving a CEQA Determination" (Attachment A); and

2. Approve a California Environmental Quality Act (CEQA) Exemption Determination (Attachment A).

BACKGROUND/DISCUSSION
The City’s Municipal Code requires periodic updates to ensure consistency between City policies and State law, to improve clarity, and to better serve the public. As an effort to improve the readability and relevancy of the Brea City Code (“Code”), the City has implemented an on-going work program in 2023 to continually update the Code on a regular basis. Since the last omnibus update in March 2024, the City continued with the work program and identified several provisions of the Code that require revisions due to recent shifts in policy trends, new State laws, and new regulations. The main goals for this omnibus amendment are to ensure consistency with recent state law, and modernization of the Code to align with best planning practices. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance, which includes updates to 30 chapters of Title 18 and 20 of the Code.

On March 4, 2025, the City Council, on a 5-0 vote, introduced Ordinance No. 1254 for the proposed ZOTA. The comprehensive staff report package from the March 4, 2025 City Council meeting can be accessed from the following link:
https://weblink.cityofbrea.net/WebLink/DocView.aspx?id=189129&dbid=0&repo=BREA-DOCS

COMMISSION/COMMITTEE RECOMMENDATION
On January 28, 2025, the Planning Commission, on 5-0 vote, approved a resolution recommending approval of the Project with a direction for staff to add clarification on what constitutes as landscaping.

FISCAL IMPACT/SUMMARY
The Project is limited to adoption of an ordinance to amend the BCC; as such, there is no impact to the General Fund.

RESPECTFULLY SUBMITTED:

Prepared by: Esteban Rubiano, Assistant Planner
Concurrence: Jason Killebrew, Assistant City Manager/Community Development Director Joanne Hwang, AICP, City Planner
Attachments
Attachment A - Ordinance No. 1254.pdf

ATTACHMENT A
1 3074262.2
ORDINANCE NO. 1254

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE BREA CITY CODE BY ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. ZOTA 2024-01 (OMNIBUS

ZONING CODE UPDATE) AND APPROVING A CEQA EXEMPTION

DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the City and its residents.
(ii) Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) and the State of California Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) (14 C.C.R. § 15000 et seq.), the City is the “lead agency” for the preparation and consideration of environmental documents for this Ordinance. (iii) On January 28, 2025, the Planning Commission conducted a duly noticed public hearing concerning Zoning Ordinance Text Amendment (“ZOTA”) No. 2024-01 and adopted its Resolution No. 2024-02 recommending approval by the City Council. (iv) On March 4, 2025, the City Council conducted a duly noticed public hearing concerning ZOTA No. 2024-01, as set forth in this Ordinance. It is the intent of the City Council in adopting this Ordinance to update various Zoning Code provisions, and ancillary Development Code provisions, to: codify Mills Act (Government Code § 50280 et seq.) terms and guidelines; provide consistency with recently enacted State housing laws; update and clarify parking standards and requirements; update fence and wall 2 3074262.2
standards; update and clarify applicability and process associated with certain planning entitlement applications; update process, time limits, and applicability of Temporary Use Permits; and provide additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency. (v) Adoption of this Ordinance is consistent with and implements the General Plan.
(vi) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and welfare of the community and is a valid exercise of the local police power and in accord with State law. (vii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

SECTION 2. Section 18.32.040 (Public Hearing Requirements) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.040 PUBLIC HEARING REQUIREMENTS.

A. All tentative maps shall be considered at a noticed public hearing before the Planning Commission, as provided in § 18.28.040, except as follows:

1. Tentative parcel map proposed as an urban lot split, as specified in §

20.56.050 and California Government Code § 66411.7, shall be processed ministerially, without a public hearing.

2. Any other tentative parcel or tract maps that are required by an applicable State law to be processed ministerially, shall be processed ministerially without a public hearing.
3 3074262.2
SECTION 3. Section 18.32.050 (Action to be Taken within Time Required by Law) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.050 ACTION TO BE TAKEN WITHIN TIME REQUIRED BY LAW.

A. The Planning Commission shall take action on tentative parcel or tentative tract maps within the time required by law after filing of a complete application with the Community Development Department. However, if an EIR is prepared, the Planning Commission shall take action on such project within the time required by law concurrently or after certification of the EIR. Action by the Planning Commission shall be final unless appealed:

B. The City Engineer shall approve a tentative parcel or tract map specified in § 18.32.040.A.1 and 2, within the time required by law.

SECTION 4. Section 18.32.060 (Appeals Procedures) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.060 APPEALS PROCEDURES.

A. The subdivider, or any person adversely affected by the decision of the Planning Commission may appeal the Commission's decision within ten (10) days after such decision. Upon filing such appeal, the City Council shall hold a public hearing within thirty (30) days after the filing of such appeal. The City Council shall render its decision on the project within ten (10) days following the hearing.

B. The subdivider, or any person adversely affected by the decision of the City Engineer may appeal the City Engineer’s decision within ten (10) days after such decision. Upon filing such appeal, the Community Development Director shall render a decision on the project within thirty (30) days following the submittal of the appeal application.
4 3074262.2
SECTION 5. Section 18.40.020 (Review of Tentative Tract Maps by School Districts) of Chapter 18.40 (Review of Maps by Other Agencies) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is repealed.

SECTION 6. Section 18.44.030 (Filing Time) of Chapter 18.44 (Final Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.44.030 FILING TIME.

A. A final map shall be filed with the City Council. The date of filing shall be the day the City Clerk receives the map.

B. A final map as a result of an urban lot split shall be filed with the City Engineer. The date of filing shall be the day the City Engineer receives the map.

SECTION 7. “Landscape Area” of Subdivision (12) (“L” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter

20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

LANDSCAPE AREA. Part of the property exclusively set aside for, devoted to, or developed and maintained predominantly with living plant materials as defined under the term Landscaping. Landscape area may also include associated nonliving ornamental materials including, but not limited to, mulch, fencing, walls or decorative rock, and paved or decorated surfaces, which are suitably designed, selected, installed and maintained as part of the overall landscape design.

Landscape Area does not include elements such as driveways, walkways and hardscape area that is not part of the overall landscape design.

SECTION 8. “Landscaping” of Subdivision (12) (“L” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 5 3074262.2
(General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

LANDSCAPING. Living plant materials including native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials.

Landscaping may also include synthetic turf and small amounts of accessory decorative outdoor landscape elements (e.g., fountains, decorative rock), all of which are suitably designed, selected, installed, and maintained as part of the overall landscape design to enhance a site.

SECTION 9. Subsection A of Section 20.08.030 (Outdoor Living Space) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows.

A. Required outdoor living space may include those portions of the side and rear yards which are contiguous with and designed as an integral part of the common area and are usable. The front yard shall not, however, be considered in calculating required outdoor living space.

1. Single family, detached. The required outdoor living space provided for a detached single family dwelling shall be a single common area with a minimum dimension of fifteen (15) feet at any point.

2. Single family, attached and Multiple family. Not more than fifty percent (50%) of the total required outdoor living space serving a single family, detached or multiple family development shall be provided in a common area with a minimum dimension of twenty-five (25) feet at any point. The remaining outdoor living space requirement may be provided in private spaces on or above ground level (balconies, roof tops). Individual areas shall not be less than one hundred (100) feet in area and the minimum dimension shall not be less than five (5) feet at any point.

SECTION 10. Subsection A of Section 20.08.035 (Small Lot Development Standards) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows.
6 3074262.2
A. Uses expressly prohibited. All uses R-1 (5,000) zone, as set forth in §

20.11 of this title.

SECTION 11. Subsection C.2.b of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
b. Sizes.
(1) Perpendicular or angular stalls.
(a) Residential.
(i) Covered - ten (10) feet wide by twenty (20) feet long (interior clear dimension to be nine (9) feet wide by nineteen (19) feet long), minimum seven (7) feet height clearance.
(ii) Uncovered - nine (9) feet wide by nineteen (19) feet long. (b) Nonresidential. Nine (9) feet wide by nineteen (19) feet long, minimum eight (8) feet height clearance.
(2) Parallel stalls. Eight (8) feet wide by twenty-three (23) feet long. (3) Handicapped stalls. All accessible parking spaces requirements to be governed by the California Building Code standards.
(4) Compact stalls shall be a minimum of eight (8) feet wide by sixteen (16) feet long.
(a) Compact stalls may be permitted in multiple family residential projects of five (5) or more units in accordance with the provisions of this paragraph C.
(b) Compact stalls may be permitted in commercial and industrial projects requiring a minimum of forty (40) parking spaces in accordance with the following conditions:
(i) A maximum of fifteen percent (15%) of the required number of parking spaces may be compact stalls.
(ii) The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed thirty percent (30%).
(iii) Each compact stall approved hereunder shall be individually designated as a compact stall per the City of Brea Public Works Standards. 7 3074262.2
(c) All parking areas containing compact stalls shall be approved by the Development Services Director and the City Traffic Engineer. (5) Overhang. Parking stall lengths, except parallel spaces, may be reduced by two (2) feet [seventeen (17) feet for standard size stalls; fourteen (14) feet for compact stalls] where the front of the parking stall abuts a landscaped area or sidewalk which is a minimum of four (4) feet clear. Such landscape area shall be enclosed with a minimum of six (6) inch high curb and no trees or shrubs shall be planted in the two (2) foot reduced area.
(6) Parking for Electric Vehicle Charging. Parking stalls for Electric Vehicle charging shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter 14.08 of this Code.

SECTION 12. Subsection C.5 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

5. Lighting.
a. All off-street parking areas within commercially zoned projects shall be provided with exterior lighting meeting the following minimums:
(1) The equivalent of one (1) foot candle of illumination shall be maintained on the average throughout the parking area.
(2) All lighting shall be on a time-clock or photo-sensor system. (3) All lighting shall be designed to confine direct rays to the premises. b. All off-street parking areas within industrially zoned areas shall meet all standards in paragraph C.5.a. of this section, except that the equivalent of three fourths (0.75) foot candle of illumination shall be maintained on the average throughout the parking area
SECTION 13. Subsection D of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows (terms currently listed in the Table under this subsection but not listed below will remain as is):
8 3074262.2
D. Parking space requirements. All land uses shall provide off-street parking in conformity with the requirements listed in the Table 20.08.040.D under this subsection, unless otherwise modified by the provisions contained herein. The term floor area used in the Table 20.08.040.D under this subsection shall mean gross floor area.

SECTION 14. The Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Accessory dwelling unit” entry to read as follows:

Table 20.08.040.D
Residential
Accessory
dwelling unit

1 space required, which may be provided as tandem parking, including on a paved driveway; however, no parking shall be required if the accessory dwelling unit meets any of the following criteria:
- The accessory dwelling unit is located within mile walking distance of, and has a path of travel that is always publicly accessible to, Public Transit. The mile distance shall be measured on actual walking routes between the Accessory Dwelling Unit and the public transit, rather than a straight line between points;
- The accessory dwelling is located within an architecturally and historically significant district;
- The accessory dwelling is part of the proposed or existing primary residence, or within, or part of, an existing accessory building; - When on-street parking permits are required but not offered to the occupant of the accessory dwelling; or
- When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.

Note: (1) When a garage, carport, uncovered parking space, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, any off-street parking spaces that were provided by such garage, carport, uncovered parking space, or covered parking structure are not required to be replaced.

SECTION 15. The Non-Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) 9 3074262.2
of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Restaurants, drive-in”, “Restaurants, quick service”, “Restaurants, sit down”, and “Restaurants, specialty” entries to read as follows:

Table 20.08.040.D
Non-Residential
Restaurants,
drive-in
Minimum of 10 spaces; or 1 space per 150 square feet of floor area. Also subject to the minimum stacking requirements as specified under Drive-Through Facilities requirements.

Restaurants, quick
service
- Indoor: Minimum of 5 spaces; or 1 space per 150 square feet of floor area up to 6,000 square feet, plus 1 space per 125 square feet over 6,000 square feet.
- Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking requirements, 1 space per 150 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater.

Note: (1) If a restaurant only consists of an outdoor
dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area.

Restaurants, sit
down
- Indoor: Minimum of 10 spaces; or 1 space per 100 square feet of floor area up to 6,000 square feet, plus 1 space per 75 square feet over 6,000 square feet, or 1 space per 3 seats, whichever is greater.
- Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking, 1 space per 100 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater.

Note: (1) If a restaurant only consists of an outdoor
dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area.

Restaurants,
specialty
Same requirements as Restaurants, Quick Service
10 3074262.2
SECTION 16. The Non-Residential Uses category of Table 20.11.020.A (Permitted Land Uses Table) of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Catering Services” and “Retail Sales, Warehouse Stores” entries to read as follows:
11 3074262.2
TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted
C: Permitted with Conditional Use Permit
--: Prohibited
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

20.206.040.
2 In MU-I, MU-2, and MU-3 Zoning districts, nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue. Also, refer to Section 20.258.030.A regarding integration of uses requirement.

R1-H HR1 R-1 R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I2 MU-II2 MU-III2 PROP/R PRONOS PF Special Provisions

NON-RESIDENTIAL
USES
Catering services - - - - - - - - - - - - C P P - - - - - - Retail sales, warehouse
stores - - - - - - - - P P - - P P - - P - - - -
12 3074262.2
SECTION 17. Section 20.24.130 (Termination of Nonconforming Use and Structures) of Chapter 20.24 (Nonconforming Structures and Uses) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.24.130 TERMINATION OF NONCONFORMING USE AND STRUCTURES.

Nonconforming uses and structures shall be subject to abatement and termination if any of the following occurs:

A. The nonconforming uses and structures are found to be a public nuisance.

B. The nonconforming uses and structures are in violation of any applicable law.

C. The nonconforming uses and structures meet any of the conditions that triggers termination as specified in this chapter.

SECTION 18. Chapter 20.24 (Nonconforming Structures and Uses) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.24.135 as follows:

20.24.135 NONCONFORMING SIGNS.

A. Any nonconforming sign that do not conform to provisions of Chapter 20.28 of this title shall be permitted to continue, provided that any structural change or alteration that requires a building permit or other permit is not made to the sign.

1. If any structural change or alteration of any sign that requires a building or other permit is proposed, such request shall be subject to the approval of the Planning Commission, through a conditional use permit proceeding as prescribed in §20.408.030.
a. Findings. In lieu of other conditional use permit findings required by this zoning code, before the approval authority, or City Council on appeal, may approve a conditional use permit for a structural change or alteration of a nonconforming sign, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:
i. That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code; ii. That the changes proposed improve the aesthetics of the sign; and iii. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the public. 13 3074262.2
SECTION 19. Section 20.28.290 (Nonconformance) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.28.290 NONCONFORMANCE.

Signs which do not conform to the provisions of this chapter shall be subject to § 20.24.135 of this zoning code.

SECTION 20. The title of Section 20.28.330 (Multiple Family Residential Zones) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.28.330 R-2 AND R-3 MULTIPLE FAMILY RESIDENTIAL ZONES.

SECTION 21. Subsection C.1.a (Development Standards) of Section 20.28.340 (Non-Residential Zones) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
a. Development standards.
(1) Maximum sign area. One (1) square foot of sign area per each lineal foot of building frontage or tenant space frontage.
(2) Maximum sign length. Seventy-five percent (75%) of building frontage or seventy-five percent (75%) of tenant space frontage. (3) Maximum letter height. Twenty-four (24) inches, except for major tenants which letter height shall not exceed five (5) feet. (4) Maximum number. One (1) sign per building face or tenant space, not to exceed three (3) signs per tenant.
14 3074262.2
SECTION 22. Section 20.40.010 (Purpose) of Chapter 20.40 (Affordable Housing) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.010 PURPOSE.

The purpose of this chapter is to expand the affordable housing stock in proportion with the overall increase in residential units by establishing standards and procedures that encourage the development of extremely low to moderateincome housing and to assist in meeting the city's regional share of housing needs and implementing the goals and objectives of the General Plan, including the Housing Element and any applicable specific plans. The goals of this chapter are as follows:

A. To assure that the city is meeting its affordable housing goals by facilitating the production of dwelling units affordable to households of extremely low, very low, low, moderate, and workforce-income, and by providing funds for the development of extremely low, very low, low, moderate, and workforce-income housing;
B. To establish a means by which developers of residential projects can assist in increasing the supply of affordable housing. The affordable housing requirements contained in this chapter consider the impact of such requirements on housing construction costs and economic feasibility; and C. To meet the current and future housing needs of the city by supporting the Housing Element goals of providing a range of dwelling units by type of unit, price, and location in the city and promoting equal access and opportunity to fair housing.

SECTION 23. Table 20.40.040.A of Section 20.40.040 (Affordable Unit Requirements) of Chapter 20.40 (Affordable Housing) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

TABLE 20.40.040.A

AFFORDABLE UNIT REQUIREMENTS FOR RESIDENTIAL PROJECTS
Option Total
Percentage of
Affordable
Units Required
(minimum)1
Minimum Affordability Level of Required Units
15 3074262.2
1 5% All required affordable units shall be sold or rented to extremely low-income households, at a cost affordable to such household.
2 10% At least 7% of the total number of units in the residential project shall be sold or rented to very low-income
households, at a cost affordable to such household. The affordability level of remaining 3% of the required
affordable units are at the developer’s discretion.
3 15% At least 10% of the total number of units in the residential project shall be sold or rented to low-income households, at a cost affordable to such household. The affordability level of remaining 5% of the required affordable units are at the developer’s discretion.
4 20% At minimum, all required affordable units shall be sold or rented to moderate-income households, at a cost
affordable to such household.
5 30% At minimum, all the required affordable units shall be sold or rented to workforce-income households, at a cost affordable to such household.
1of the total number of units in the residential project.

SECTION 24. Section 20.40.050 (Alternatives) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.050 ALTERNATIVES.

As an alternative to developing affordable units pursuant to this chapter, an applicant may satisfy requirements of this chapter through one of the following alternatives:

A. In-lieu fees. Applicants may choose to comply with the requirements of this chapter through payment of a fee, in-lieu of providing the required affordable units on site.

1. The method for calculation of the in-lieu fee per unit shall be determined by the following formula:

The product of the square footage of the average size unit in the proposed development multiplied by the median price per square foot of a home in the City of Brea based on market rate home sales in the last quarter immediately prior to drafting of the affordable housing agreement,
Minus
16 3074262.2
The product of the square footage of the average size unit in the proposed development multiplied by the median cost per square foot to construct the respective type of unit as shown on the most recent edition of the Building Permit Valuation Table in use by the Building Department.

2. The number of required units applicable to the in-lieu fee calculation shall be 5% of the total number of units in the residential project.

3. One-half of the in-lieu fees shall be paid prior to the issuance of a building permit for the project, with the remaining fees due prior to the issuance of a certificate of occupancy.

4. Fees collected in-lieu of developing affordable units pursuant to this chapter shall be placed in the City's Affordable Housing Trust Fund.” B. Offsite construction. At the discretion of the city, an applicant may satisfy the requirements of this chapter by developing the required number of affordable units at a site different than the site of the residential project.

1. The applicant must demonstrate that development of affordable units offsite would better address the city's Housing Element goals and policies.

2. The number of units to be developed offsite shall be consistent with the number of units required for the residential project.

3. Offsite affordable units shall be reasonably comparable to the non-affordable units in the residential project with respect to number of bedrooms, square footage, overall unit mix, appearance, finished quality, materials, and distribution.

4. Offsite affordable units shall be developed concurrently with the main project and certificate of occupancy will be contingent on final approval and inspection of the affordable units, unless an alternative schedule is approved by the city as part of the residential project’s entitlement.

5. Offsite affordable units shall be located within the City of Brea.

6. Offsite affordable units shall be subject to the same requirements, standards, and procedures as onsite affordable units, unless otherwise noted in this subsection.

7. A development agreement is required for all offsite affordable unit construction projects.

C. Land dedication. At the discretion of the city, an applicant may satisfy the requirements of this chapter by dedicating land to the city in-lieu of constructing affordable units within the residential project.

1. The land to be dedicated must be free of any liens, and such land shall be conveyed to the city at no cost.

2. The applicant must disclose any and all encumbrances or easements on the title of the land, and all encumbrances and easements must be factored into the estimated value of the land dedication.

3. The land to be dedicated must have improvements required to accommodate housing, such as infrastructure and services. 17 3074262.2

4. The land to be dedicated must be free of any hazardous materials. If there were any hazardous materials previously contained on the site, the developer must provide evidence that full remediation was performed in accordance with all applicable law.

5. The General Plan and Zoning designations of the land to be dedicated must allow for multi-family residential use prior to dedication.

6. The applicant must demonstrate that development of affordable units on the land to be dedicated would be consistent with the Housing Element goals and policies and this chapter, and not cause residential segregation.

D. Convert existing market rate to affordable housing. At the discretion of the city, an applicant may satisfy the requirements of this chapter through the acquisition and rehabilitation of existing market rate units in the City of Brea for conversion to affordable units.

1. Converted units shall be subject to the same requirements, standards, and procedures as onsite affordable units.

2. The rehabilitation of the existing market rate units to be converted to affordable units shall be completed prior to, or concurrently with the main housing project.

3. Converted units shall be retained as affordable units for 45 years or until sold or transferred with an equity share for owner-occupied units and 55 years as to rental units. The affordability period begins upon the initial sale or rental of the unit.

4. The existing market rate units shall be substantially rehabilitated, as determined by the city.

5. The Affordable Housing Plan and Agreement as described in § 20.40.090 shall provide a description of benefits to be offered to existing tenants, which for conversion of market rate housing units would include, but not be limited to, right of first refusal to remain in the unit, and any expected need for relocation of existing tenants. The applicant is responsible for providing relocation assistance.

E. Development Agreement. At the city's discretion, the applicant may enter into a Development Agreement with the city to comply with the intent of this Chapter.

SECTION 25. Section 20.40.060 (Incentives) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.060 INCENTIVES.

A. The applicant may request and the city shall grant the number of incentives identified in Table 20.40.060.A below if a residential project meets the requirements of this chapter by providing on-site affordable units pursuant to 18 3074262.2
Section 20.40.040.A or by providing off-site affordable units pursuant to Section

20.40.050.B
TABLE 20.40.060.A

NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Affordability Number of Affordable
Units1
Number of
Incentives
Extremely low-income 5% or more 4
Very low- income
At least 7% 2
At least 10% 3
Low-income
At least 10% 2
At least 15% 3
Moderate-income At least 20% 2
Workforce-income At least 30% 2
Moderate-income or
lower
100%
(Exclusive of a manager’s
unit)
5 1of the total number of units in the residential project

1. The city may grant additional incentives at the city's discretion, if the applicant demonstrates that such additional incentive will result in identifiable and actual cost reductions or avoidance. Such request shall be considered by the Director.

2. If a Residential Project is granted incentives by providing off-site affordable units pursuant to Section 20.40.050.B, the applicant is permitted to utilize the incentives for either the residential project or the offsite construction project, but not both.

SECTION 26. Section 20.40.070 (Exemptions) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.070 EXEMPTIONS.

The provisions of this chapter shall not apply to the following:

A. Residential projects that obtain all required administrative, legislative, and/or quasi-judicial approvals (as specified in this Title) prior to the original adoption date of this chapter (August 15, 2023).
19 3074262.2
B. Reconstruction of structures which have been damaged by fire, flood, wind, earthquake, or other unforeseen force, as determined by the Director, if the reconstruction cost is less than 50% of the assessed value.

C. Residential projects that are exempt from this chapter by state or federal law.

D. Units approved as accessory dwelling units or junior accessory dwelling units.

SECTION 27. Subsection A.3 of Section 20.40.090 (Affordable Housing Plan and Agreements) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

3. An affordable housing plan shall include, but not be limited to, the following:
a. The number of affordable units proposed, with calculations; b. The proposed location of the affordable units;
c. Level of affordability for the affordable units;
d. The unit square footage, and number of bedrooms for market rate and affordable units and tenure (ownership or rental);
e. Amenities and services provided, such as common spaces, parking, laundry rooms, fitness centers, and other facilities in the residential development; f. Construction schedule for all units;
g. Alternatives requested, if applicable;
h. Incentives requested, if applicable; and
i. Evidence to justify any requested alternative or incentive, if applicable.

SECTION 28. Subsection B.4 of Section 20.40.090 (Affordable Housing Plan and Agreements) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

4. An affordable housing agreement is not required for a residential development which will comply with the requirements of this chapter through payment of an in-lieu fee.
20 3074262.2
SECTION 29. Section 20.52.020 (Definitions) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.52.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply.

ACCESSORY DWELLING UNIT. Same definitions as specified in § 20.00.070.B. of this title.

ACCESSORY DWELLING UNIT, JUNIOR. Also referred to as "Junior Accessory Dwelling Unit" in this chapter. Same definitions as specified in § 20.00.070.B. of this title.

EFFICIENCY KITCHEN. A room or an area within a room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a sink, a cooking facility, a food preparation counter, and storage cabinets.

MAJOR TRANSIT STOP OR A HIGH-QUALITY TRANSIT CORRIDOR. A location defined in § 21064.3 of the Cal. Public Resources Code.

SANITATION FACILITY. A room that includes a toilet compartment, sink with hot and cold-water taps, and shower or bathtub.”
SECTION 30. Subsection B of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Number of units per lot.

1. Properties with a proposed or existing single-family dwelling. a. One accessory dwelling unit that is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure; b. One detached, or attached newly constructed accessory dwelling unit; and
c. One junior accessory dwelling unit.

2. Properties with a proposed or existing multi-family dwelling. a. One interior accessory dwelling unit or up to 25% of the existing units, whichever is higher; and
b. Up to two detached accessory dwelling units on a lot with a proposed multi-family dwelling; or
21 3074262.2
c. Up to eight detached accessory dwelling units on a lot with an existing multi-family dwelling, provided that the number of accessory dwellings does not exceed the number of existing units on the lots.

SECTION 31. Subsection E of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Addressing. Address numbers of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.

SECTION 32. Subsection K of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

K. Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to requirements specified in Table 20.52.040.A may be considered by the city through a Certificate of Compatibility process pursuant to §

20.408.050 of this Title.

SECTION 33. Subsection A of Section 20.52.050 (Owner Occupancy Requirements) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

A. Accessory dwelling units and junior accessory dwelling units shall not be sold or owned separately from the primary dwelling unit, except as otherwise provided in Cal. Gov’t Code § 66341. If an accessory dwelling unit is sold or conveyed separately from the primary residence pursuant to Cal. Gov’t Code § 66341, it shall comply with the following:

1. Meet all requirements of Cal. Gov’t Code § 66341.

2. Comply with all requirements of Subdivision Map Act, if applicable. 22 3074262.2

3. Provide separate utility connections and separate utility meters.

SECTION 34. Subsections C through H of Section 20.56.040 (Two-Unit Developments) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Addressing. Address number of all dwelling units on the lot shall be displayed clearly visible from the street.

D. Foundation. New dwellings for the purposes of this Section shall be constructed upon a permanent foundation.

E. Code compliance. Two-unit developments shall comply with all applicable Fire and Building Codes.

F. Utilities. Two-unit developments shall have separate utility connections and separate utility meters.

G. Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.

H. Deed restriction. The legal owner of a property improved with a two-unit development shall record a covenant in a form satisfactory to the City Attorney within thirty (30) days following the issuance of a building permit, that does each of the following:

1. Expressly prohibits any rental of a dwelling on the property for a period less than thirty (30) consecutive days.

2. Expressly prohibits any non-residential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.

4. If the lot does not undergo an urban lot split, expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.

5. Limits development of the lot to dwelling units that comply with the requirements of this Section, except as required by state law.

SECTION 35. Section 20.56.040 (Two-Unit Developments) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 23 3074262.2
20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Subsection I to read as follows:

I. Associated permits. If an application for a two-unit development triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

SECTION 36. Subsection J of Section 20.56.050 (Urban Lot Split) of Chapter

20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

J. Occupancy. The legal owner of an urban lot split property shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

SECTION 37. Section 20.56.050 (Urban Lot Split) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Subsection K to read as follows:

K. Associated permits. If an application for an urban lot split triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

SECTION 38. Subsection H of Section 20.60.070 (Preservation Incentives) of Chapter 20.60 (Historic Preservation) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

H. Eligibility to apply for Mills Act contracts which can lower property taxes of designated historic resources in accordance with Section 20.60.120 of this Chapter. 24 3074262.2
SECTION 39. Chapter 20.60 (Historic Preservation) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.20.60.120 (Mills Act Contract) to read as follows:

20.60.120 MILLS ACT CONTRACT.

A. Mills Act Contract is a voluntary program and only applicable to properties that are officially listed on the Federal, State and/or the City’s historic register. Both owner-occupied and income-producing properties qualify.

B. The Mills Act Contract application requires a recommendation of the Finance Committee and an approval of the City Council at a public hearing. Appropriate fees shall be paid as determined by City Council resolution.

C. General Contract Terms. The general terms of a Mills Act Contract shall include, but not limited to, the following:

1. The Mills Act Contract shall be between the legal property owner(s) and the city.

2. The initial contract term shall be ten (10) years, with automatic annual renewal resulting in a revolving ten (10) year contract.

3. The property owner must annually provide a report to the city that demonstrates compliance with the Mills Act Contract.

4. Either party may file a Notice of Non-Renewal, which allows the Mills Act Contract to become null and void upon expiration of the ten (10) year term in effect at the time the notice is filed.

5. The city shall reserve the right to conduct periodic inspections of the subject property.

6. The Mills Act Contract shall include a ten (10) year preservation and rehabilitation plan, in which each year’s improvement(s) must be equal or greater than the estimated property tax savings. All improvements listed in the ten (10) year preservation and rehabilitation plan must be completed according to the schedule unless otherwise permitted by the city, and such improvements must conform with the Secretary of the Interior's Standards for Historic Rehabilitation and California Historical Building Code.

7. The city may cancel the Mills Act Contract if the owner is in non-compliance with the terms of the contract pursuant to the established procedure.

8. If the contract is cancelled for non-compliance, the property owner must pay a cancellation penalty that is equivalent to twelve and one-half (12 ½) percent of the full market value of the property at the time of cancellation. 25 3074262.2
SECTION 40. Section 20.72.020 (Definitions) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Brea.

CITY CLERK. The City Clerk of the city.

CITY MANAGER. The City Manager of the city or his or her designee.

DIRECTOR. The Director of the Community Development Department or his or her designee.

PERSON. Individuals, partnerships, joint ventures, societies, associations, trustees, trusts, or any corporations, their officers, agents or employees, and any representative thereof.

SECTION 41. Section 20.72.040 (Uses Permitted; Time Limits) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.040 USES PERMITTED; TIME LIMITS.

A. The following uses and activities, subject to the time limits referenced herein, shall obtain a temporary use permit prior to conducting the use or activity. The determination as to whether a specific use or activity is included within the classifications of uses and activities listed in this section shall be an administrative function of the Director.

1. Any event open to the public, located within a commercial, industrial, and mixed-use zones and non-residential districts within specific plan areas, involving promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a private school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, and which may include, but is not limited to, the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.

B. Time Limits.

1. The following uses and activities shall not exceed four (4) calendar days with no less than thirty 30 calendar days between events at any one (1) location for a given applicant, except a maximum of two additional days may be permitted 26 3074262.2
for set-up and clean-up. In addition, no business or organization shall be issued more than four (4) temporary use permit in a given calendar year:
a. Exhibits, demonstrations or sales of goods, equipment, merchandise or services;
b. Aircraft, helicopter, and aerial hot air balloon and parachutist demonstrations and landings;
c. Entertainment, dances, musical events, and promotional events; d. Halloween haunted houses;
e. Art and craft shows and exhibits; and
f. Health and safety services, testing, demonstration or training, unless such events are in response to a public health emergency as declared by a government agency.

2. Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks may be approved for a period of time not to exceed fifteen (15) days within any given ninety (90) day period at any one (1) location for a given applicant.

3. Carnivals, circuses, fairs, rodeos, pony riding or similar traveling amusement enterprises may be permitted for not more than seven (7) days, or three (3) weekends of operation, in any one hundred eighty (180) day period at any one (1) location for a given applicant.

4. Christmas tree sales and displays (other than by established retail businesses within the existing building) may be approved during the period commencing November 15 and terminating on December 31 of a given calendar year (these provisions shall be in addition to those requirements for Christmas tree lots as provided in Title 16 of the Municipal Code).

5. Pumpkin sales and displays (other than by established retail businesses within the existing building) may be approved for the period commencing October 1 and terminating November 1 of a given calendar year.

6. Other seasonal sales and displays of seasonal items (other than by established retail businesses within the existing building) may be approved for the period of 45 days of a given calendar year.

7. Other events, as determined appropriate by the Director, may be approved for not more than two (2) days of a given month.

C. Requests for outdoor display of limited merchandise in excess of the time limitations of § 20.72.040.B may be considered by the Planning Commission subject to approval of a Conditional Use Permit, consistent with the processing requirements of § 20.408.030. The intent of this section is to provide for the outdoor display of merchandise, which shall be typically limited to one product type (i.e. plants or books or etc.), where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the city's goals to provide for quality, attractive, commercial development.

The following standards shall apply to any such proposed outdoor display:
27 3074262.2

1. Use of display area. The Planning Commission and/or City Council shall retain the ability to condition the types of merchandise or products on display.

Display merchandise and products shall be limited to those normally associated with the primary retail user making application, shall typically be limited to one product type (i.e. plants or books, or etc.), and no outdoor display area shall be subleased or otherwise afforded use by other persons.

2. Location of display area. To be limited to those areas generally adjacent to the front building elevation of the tenant space, which will in no way interfere with automobile circulation and applicable standards. Display areas shall be designed to primarily be viewed from on-site rather than from the public right-of-way.

3. Delineation of display area. The design of the outdoor display area and its physical delineation shall place an emphasis on aesthetic and functional integration into the site and building design. The physical limits of display areas shall be clearly delineated through treatments such as decorative pavement, decorative bollards, landscaped planters, or similar features.

4. Limitation of display fixtures. Any display fixtures (i.e. display racks, tables, etc.) shall be temporary in nature and shall be removed from outdoor display areas when not in use.

5. Maximum length of display area. Not to exceed 50% of building/tenant space width (whichever is less) directly adjacent to the display area. The Planning Commission and/or City Council shall retain the ability to further limit display length on a case by case basis as deemed appropriate.

6. Maximum depth of display area. Not to exceed 15'. The Planning Commission and/or City Council shall retain the ability to further limit display depth on a case by case basis as deemed appropriate.

7. Maximum height of merchandise. Not to exceed 6' from adjacent finished grade. The Planning Commission and/or City Council shall retain the ability to further limit display height on a case by case basis as deemed appropriate.

8. Pedestrian accessibility. All outdoor display areas shall be designed in a manner to allow free pedestrian movement within and around their vicinity. All rules and regulations of the Americans with Disabilities Act and any other applicable regulations shall be observed.

9. Permit revocation for non-compliance. Compliance with all conditions of approval imposed by the Planning Commission and/or City Council shall be observed. Any observed violation of conditions of approval shall constitute grounds to initiate permit revocation proceedings as provided for within § 20.412.020 of this Zoning Code.

10. Plan submittal. Detailed site, building elevation, floor, display fixtures (i.e. display racks, tables, etc.) and any other plans and materials as deemed necessary by the City Planner, to illustrate compliance with the outdoor display standards shall be provided at the time of Temporary Use Permit application. 28 3074262.2
SECTION 42. Section 20.72.050 (Application; Contents; Fees) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.050 APPLICATION; CONTENTS; FEES.

A. An application for a temporary use permit, on forms available from the Director, shall be submitted to the Director a minimum of forty-five (45) days prior to the proposed date of the temporary use or activity. The application shall be signed and verified by the applicant and shall contain, at minimum, the information as set forth in this section.

B. Each application for a temporary use permit shall contain, at minimum, the following information:

1. The name, permanent street address and signature of the applicant;

2. If the applicant is a corporation, the name and principal address of the applicant shall be as shown in the most recent statement of investment group and shall be signed by a duly authorized representative of the corporation;

3. The full name and address of the property owner where the temporary use or activity is to take place and a signed affidavit from the property owner granting permission for the proposed use on the property in question and for the dates requested;

4. The name, address and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions at the temporary use or activity;

5. The exact location, including street name, of the property proposed to be used for the temporary use or activity;

6. A detailed description of the proposed temporary use or activity;

7. The proposed dates and hours of operation; and

8. A site plan or drawing depicting the use or activity, including the placement of all signs and banners, the location of all temporary materials, tents, generators, temporary sanitary facilities, lighting, etc.

C. The application shall be submitted together with the appropriate fee, as set forth by resolution of the City Council, to cover the administrative costs of processing the application.

SECTION 43. Section 20.72.080 (Action by Development Services Director) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
29 3074262.2

20.72.080 ACTION BY COMMUNITY DEVELOPMENT DIRECTOR; FINDINGS.

A. The Director, within ten (10) business days of determining the application complete, shall approve, conditionally approve, or deny the temporary use application.

B. No temporary permit shall be approved unless the Director finds that the use or activity, together with any and all conditions imposed thereon, meets all of the following criteria:

1. The temporary use or activity is in harmony with the various elements and objectives of the general plan of the city;

2. The temporary use or activity complies with all applicable standards of this Zoning Code with respect to the location of the proposed activity; and

3. The temporary use or activity will not be injurious or detrimental to persons or properties adjacent to or in vicinity of the proposed location of the activity.

4. Provisions for adequate traffic circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.

C. The Director may impose such terms, conditions and restrictions upon the operation or conduct of the use or activity as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.

D. Upon the decision with respect to the application, the Director shall notify the applicant as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director to the Planning Commission as provided in this chapter. Additionally, if the Director should deny the application, the notice shall specify those reasons why the permit has been denied.

E. The Director may, in those cases where it is deemed that the public interest will be best served, refer the approval of the temporary use permit directly to the Planning Commission for hearing thereon without taking further action.

F. All decisions of the Director with respect to the temporary use permit application shall be final unless appealed to the Planning Commission as provided in this chapter.

SECTION 44. Subsection C of Section 20.72.090 (Appeal to the Planning Commission) of Chapter 20.72 (Temporary Use Permits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the 30 3074262.2
appeals request, the Director shall set the matter for hearing at a regular meeting of the Planning Commission no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, no later than ten (10) days prior to the date set for hearing.

Such notice may also designate certain records that the applicant is required to produce at the time of the hearing.

SECTION 45. Subsection B of Section 20.72.110 (Revocation) of Chapter 20.72 (Temporary Use Permits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. A notice of revocation shall be mailed to the permittee stating the grounds for the revocation and providing a date within thirty (30) days of the mailing of such notice for a public hearing before the Planning Commission. Upon the conclusion of the public hearing the Planning Commission may, by resolution with findings, revoke or modify the permit and the decision of the Planning Commission shall be final unless appealed to the City Council.

SECTION 46. The title of Chapter 20.200 (Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

CHAPTER 20.200: R1-H SINGLE FAMILY RESIDENTIAL - HILLSIDE ZONE.

SECTION 47. Subsection K of Section 20.200.040 (Property Development Standards) of Chapter 20.200 (R1-H Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

K. Exemption from property development standards. If a dwelling unit, or appurtenant structure, in existence at the time of the effective date of this chapter, is partially or totally damaged or destroyed by wind, fire, flood, explosion, act of God or any other occurrence, then, in that event, such dwelling unit or appurtenant structure may be reconstructed without compliance with the property development standards set forth in § 20.200.040 of this title; provided, however, that any such reconstruction of an existing dwelling unit or appurtenant structure shall be in substantial conformity with the original dwelling unit or appurtenant structure including, but not limited to, such matters as type of structure, square footage, 31 3074262.2
number of stories and elevations. Any such reconstruction shall commence only subsequent to the approval of a plan review as required under § 20.408.040 of this title and, any such reconstruction shall comply with all Building, Electrical, Fire, Mechanical and/or Plumbing Codes in effect at the time of the filing of the application for such application. No plan review application fee shall be required for construction under this paragraph. Then applicable building permit fees shall be paid.

SECTION 48. Section 20.200.050 (Plan Review) of Chapter 20.200 (R1-H Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.200.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R1-H Zone that are listed in § 20.208.040.B.

SECTION 49. Subsection E.1 of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum twenty-five (25) foot front yard shall be required. b. Notwithstanding other provisions contained herein, the entire front yard area, including the minimum required front yard, shall be kept and maintained free and clear of all attached or detached accessory structures, building and automotive materials, trash, debris, trash storage receptacles, inoperable motor vehicles, camper shells not mounted on motor vehicles, boats, or boats and trailers, including utility trailers. Parking and driveway areas within the entire front yard area shall not exceed fifty-five percent (55%) of such yard area; for lots at the end of cul-de-sac with a lot frontage of less than forty (40) feet, the parking and driveway areas within the entire front yard may be paved up to a maximum of eighty percent (80%), all subject to the Director's review and approval. The parking of operable motor vehicles shall be permitted only on an all weather surface, subject to the review and approval of the Director.
c. Recreational vehicle parking may occur as follows:
(1) Parking within a garage or three (3) sided carport. 32 3074262.2
(2) Outdoor parking in the side or rear yards beyond the required twentyfive (25) foot front setback, except in a street side yard of a corner lot or reverse corner lot.
(3) Outdoor parking in a driveway or improved pad, provided that:
(a) Parking of such vehicle within a garage or three (3) sided carport is not possible.
(b) Space is not available in the side or rear yards or no access exists to such yards.
(c) No part of such unit extends over public sidewalks or rights-of-way. (d) The vehicle or unit at no time creates a sight obstruction that poses a safety hazard.
(e) Such vehicles shall be determined to be in an operable condition. (f) The vehicle is not used for dwelling purposes; cooking is not permitted in the recreational vehicle at any time and accordingly, butane and propane shall not be used.
(g) The vehicle is not permanently connected to electricity, sewer lines or water lines. The recreational vehicle may be connected to electricity temporarily for charging batteries and cleaning purposes only.
(h) The vehicle shall not be used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(i) The vehicle shall not block required emergency access to the rear yard area. A five (5) foot clear area shall be maintained to provide such access. d. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided that an average building setback of not less than twenty-five (25) feet is maintained. The minimum front yard shall not be less than twenty (20) feet.
e. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-five (25) feet from the property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. f. Front yards on the turn-around end of cul-de-sac street may be reduced to not less than twenty (20) feet.
g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

SECTION 50. Subsection F.1 of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone 33 3074262.2
Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Each lot shall contain a usable area of not less than one thousand (1,000) square feet for outdoor living. The minimum dimension shall be not less than fifteen (15) feet. Where contiguous to a side or rear yard, such yards may be included as part of the minimum. Slopes with a grade in excess of ten percent (10%) may not be included as satisfying this requirement.

SECTION 51. Subsection G of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences, and landscaping.

1. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
a. Solid fences, walls and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet. c. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
d. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
e. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

2. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
34 3074262.2
SECTION 52. Section 20.208.050 (Plan Review) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.208.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-1 Zone that are listed in § 20.408.040.B.

SECTION 53. Subsection E.1 of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum fifteen (15) foot front yard shall be required. b. The entire front yard shall be maintained as required in §

20.208.040.E.1.b. and c. of this title.
c. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided, however, the average minimum front yard shall be not less than fifteen (15) feet and no front yard shall be reduced to less than ten (10) feet.
d. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. e. Front yards on the turn-around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

SECTION 54. Subsection G of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific 35 3074262.2
Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences and landscaping.

SECTION 55. Section 20.212.050 (Plan Review) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.212.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-1 (5,000) Zone that are listed in § 20.408.040.B.

SECTION 56. Subsection E.1 of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific 36 3074262.2
Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum twenty-three (23) foot front yard shall be required; except that a lot approved for single family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum front yard of fifteen (15) feet.
b. The entire front yard area shall be maintained as required in §

SECTION 57. Subsection G of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences, and landscaping. Fences and walls and solid hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:

1. Solid fences, walls, and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.

2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.

3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.

5. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public 37 3074262.2
right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.

6. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 58. Section 20.216.050 (Plan Review) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.216.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-2 Zone that are listed in § 20.408.040.B.

SECTION 59. Section 20.220.010 (Intent and Purpose) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.010 INTENT AND PURPOSE.

The R-3, Multiple Family Residential Zone is established to provide for the development of high density, multiple family housing, such as condominiums and apartments.”
SECTION 60. Section 20.220.050 (Plan Review) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-3 Zone that are listed in § 20.408.040.B.
38 3074262.2
SECTION 61. Section 20.220.040 (Property Development Standards) of Chapter

20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the R-3 Zones:

A. Lot area, width and depth.

1. Area. The minimum lot area shall be ten thousand (10,000) square feet in an R-3 Zone.

2. Width. The minimum average lot width shall be seventy-five (75) feet on an interior lot and eighty-five (85) feet on a corner lot in an R-3 Zone.

3. Depth. The minimum average lot depth shall be one hundred twenty (120) feet in an R-3 Zone.

B. Dwelling unit density. The minimum land area for each dwelling unit on a lot in the R-3 Zone shall be one thousand seven hundred fifty (1,750) square feet.

C. Building height.

1. Except as provided herein, buildings and structures in the R-3 Zone shall have maximum heights as follows:
a. Thirty-five (35) feet when located on a lot that is within one hundred (100) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR. b. Fifty (50) feet when located on a lot that is more than one hundred (100) feet but less than two hundred (200) feet, from any land zoned R-1, R1-H, R-1 (5,000), R-2, or HR.
c. Seventy-five (75) feet when located on a lot that is more than two hundred (200) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR.

2. The following structures may be permitted above the maximum height limits required herein:
a. Chimneys.
b. Domestic radio and television masts.
c. Fire and parapet walls.
d. Roof structures for the housing of air conditioners, elevators, stairways, tanks, ventilating fans, and similar equipment.
e. Skylights.

3. No structure shall be permitted above the height limits for the purpose of providing additional living area or floor space
39 3074262.2
D. Yards.

1. Front yard.
a. Except as provided herein, there shall be a minimum front yard of not less than fifteen (15) feet on lots in the R-3 Zone.
b. The entire front yard shall be maintained as required in §

20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. Where an entire block frontage is designed and developed as a neighborhood unit, the front yards may vary, provided that an average of not less than fifteen (15) feet is maintained. However, no front yard shall be less than ten (10) feet.
e. Front yards on the turn around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

2. Side yards.
a. Except as provided herein, there shall be minimum side yard of not less than five (5) feet from the side property line on interior lots and from the interior side lot lines on corner lots in the R-3 Zone.
b. The minimum side yard from the street side property line shall be not less than ten (10) feet on a corner lot.
c. Except as provided herein, side yards adjacent to buildings or structures more than twenty (20) feet in height shall be increased two and one-half (2½) feet for each additional fifteen (15) feet in height; provided however, the total side yard need not be more than ten (10) feet in width.
d. Where any dwelling or group of dwellings face a common property line, the side yard shall be not less than ten (10) feet plus a distance of one-half (½) the height of the dwelling or fifteen (15) feet, whichever is greater. e. All side yard widths shall be measured from the eave line. f. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way 40 3074262.2
line which abuts the property upon which such carport is located shall be prohibited.
g. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, and debris, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public rightof-way (excluding alleys).

3. Rear yard.
a. Except as provided herein, there shall be a minimum rear yard for main building of not less than fifteen (15) feet on lots in the R-3 Zone. b. Except as provided herein, a rear yard adjacent to a building more than thirty-five (35) feet in height shall be increased five (5) feet in width for each additional fifteen (15) feet in height.
c. Detached accessory buildings not more than fifteen (15) feet in height may be permitted in the required rear yard, provided they are located not less than five (5) feet from the eave line to a property line.
d. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. e. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.

4. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply to projections into the required front, side, and rear yards
E. Outdoor living space.

1. Each in the R-3 Zone shall contain not less than two hundred (200) square feet of outdoor living area for each dwelling unit located thereon.

2. Outdoor living area shall be subject to the provisions of § 20.08.030 of this title.
41 3074262.2
F. Fences, walls, and landscaping. Fences and walls and solid hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:

1. Solid fences, walls, and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.

3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.

5. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

G. Distance between buildings. The following minimum distances between exterior walls of buildings and structures on a lot in the R-3 Zone shall apply:

1. One-half (½) the combined height of the walls of buildings or structures which do not form a court, or fifteen (15) feet, whichever is greater.

2. One-half (½) the combined height of the walls of buildings or structures which form a court plus fifteen (15) feet.

3. In no instance shall the eaves between buildings be closer than ten (10) feet.

H. Building area. The minimum living area for a dwelling unit on a lot in the R-3 Zone, which shall not include garage area, shall have a gross floor area of not less than the following:

1. Studio Unit: Four hundred fifty (450) square feet.

2. One (1) Bedroom Unit: Six hundred fifty (650) square feet.

3. Two (2) or more - Bedroom Unit: Eight hundred (800) square feet.

I. Lot coverage. Not more than sixty percent (60%) of a lot in the R-3 Zone shall be covered by buildings and structures. A minimum of twenty-five percent (25%) of the required uncovered lot area shall be provided in one (1) contiguous location and shall be kept free and clear of any building and structural intrusions or any other intrusions that would inhibit the development of such area of uninterrupted usable, open green space.

J. Off-street parking. The provisions of § 20.08.040 of this title shall apply.

K. Signs. Signs permitted in the R-3 Zone shall be subject to the provisions of Chapter 20.28 of this title.
42 3074262.2
L. Lighting. All lighting, interior and exterior, shall be designed and located so as to confine all direct rays to the premises.

SECTION 62. Section 20.224.040 (Property Development Standards) of Chapter

20.224 (C-P Commercial, Administrative, and Professional Office Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.224.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-P Zone:

A. Lot area. No requirements.

B. Lot dimensions. No requirements.

C. Building height.

1. Buildings and structures erected in the C-P Zone shall have a height no greater than thirty (30) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards.

1. Front yards and side yards on the street side of a corner or reversed corner lot shall not be less than fifteen (15) feet and shall not be used for off-street parking.

If the required yard is across a local street from any residential zone, a wall not less than thirty (30) inches nor more than six (6) feet in height shall be erected on the building (setback) line where there is no building on such line and where parking is provided to the rear of such line.

2. Where the C-P Zone abuts any residential zone, there shall be a yard abutting the zone boundary of not less than ten (10) feet plus an additional one (1) foot of setback shall be required for each additional one (1) foot of building height in excess of ten (10) feet. Such required yard may be used for parking, loading and access. A solid wall not less than six (6) feet nor more than seven (7) feet in height shall be erected on the zone boundary line, to within fifteen (15) feet of any street property line.

E. Fences, walls and landscaping and property maintenance.

1. Required walls.
43 3074262.2
a. Walls along common property lines shall be erected as required in paragraph D. above.
b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet material.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any required side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.

G. Site Coverage. The site coverage of main building(s) shall not exceed fifty percent (50%) of the total lot area.

1. All loading spaces shall be located behind either masonry walls not less than six (6) feet in height, or buildings so that they will not be visible from any abutting street.

2. The provisions of § 20.08.040 of this title shall apply.

H. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

I. Off-street parking and loading.

J. Access. Access to all off-street parking and loading areas shall conform with requirements of the City Engineer, and shall be subject to modification by the Planning Commission upon review of the site plans.

K. Signs. The provisions of Chapter 20.28 of this title shall apply. 44 3074262.2
SECTION 63. Section 20.224.060 (Plan Review) of Chapter 20.224 (C-P Commercial, Administrative, and Professional Office Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.224.060 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-P Zone that are listed in § 20.408.040.B.

SECTION 64. Section 20.228.040 (Property Development Standards) of Chapter

20.228 (C-N Neighborhood Commercial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.228.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-N Zone:

A. Lot area.

1. Minimum area. The site shall not be less than three (3) acres.

2. Maximum area. The site for any shopping center shall not exceed eight (8) acres.

B. Lot dimensions. The width of the site shall not exceed a ratio of two (2) feet for each foot of depth.

C. Building height.

1. Buildings and structures erected in the C-N Zone shall have a height no greater than thirty (30) feet.

D. Yards and setbacks.
45 3074262.2

1. Front yards and side yards on the street side of a corner and reversed corner lot shall not be less than fifteen (15) feet and shall not be used for off-street parking. A wall not less than thirty (30) inches nor more than six (6) feet in height shall be erected on the building (setback) line, where there is no building on such line and where parking and loading is provided to the rear of such line.

2. Buildings and structures shall be located not less than forty (40) feet from any property line adjacent to any residential zone. The intervening space may be used for parking, loading and access. A solid wall not less than six (6) feet nor more than seven (7) feet in height shall be erected on the zone boundary line to within fifteen (15) feet of any street lot line.

E. Walls, fences, landscaping and property maintenance.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above.
b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet material.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.
46 3074262.2
G. Site Coverage. The site coverage of main building(s) shall not exceed thirty percent (30%) of the total lot area.

H. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

I. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

J. Access. Access to all off-street parking and loading area shall conform with requirements of the City Engineer, and shall be subject to modification by the Planning Commission upon review of the site plans.

K. Signs. The provisions of Chapter 20.28 of this title shall apply.

SECTION 65. Section 20.228.060 (Plan Review) of Chapter 20.228 (C-N Neighborhood Commercial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.228.060 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-N Zone that are listed in § 20.408.040.B.

SECTION 66. Section 20.232.030 (Property Development Standards) of Chapter

20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.030 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-C Zone:

A. Zone area.

1. Minimum area. Any area to which this zoning is applied shall not be less than ten (10) acres.

B. Lot dimensions. The width of the site shall not exceed a ratio of two (2) feet for each foot of depth.
47 3074262.2
C. Building height.

1. Buildings and structures erected in the C-C Zone shall have a height no greater than seventy-five (75) feet.

D. Yards and setbacks.

1. All yards and setbacks shall be subject to review and approval by the Planning Commission at the time of site plan review pursuant to § 20.408.040 of this title. In no instance, however, shall any building, main or accessory, be located within one hundred (100) feet of any property line which abuts any residential zone.

2. The Planning Commission may require, through the site plan review procedure, permanent masonry walls and landscaping which is deemed necessary to protect adjacent residential zones and/or to improve the visual quality of the commercial complex as viewed from any abutting street.

E. Walls, fences, landscaping and property maintenance.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any required side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within any required street setback yard area.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. 48 3074262.2
a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.

G. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

H. Access. Access to all off-street parking and loading areas shall conform with requirements of the City Engineer, and shall be subject to modifications by the Planning Commission upon review of the site plans.

I. Signs. The provisions of Chapter 20.28 of this title shall apply.

J. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 67. Section 20.232.050 (Plan Review) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-C Zone that are listed in § 20.408.040.B.

SECTION 68. Subsection E of Section 20.236.040 (Property Development Standards) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Walls and fences.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above.
49 3074262.2
b. Walls or fences of sheet or corrugated iron, steel, aluminum, asbestos, or security chain-link fencing are specifically prohibited, except that security chainlink fencing may be permitted when combined with redwood battens or a similar aesthetic treatment.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

4. The provisions of this section shall not apply to a fence or wall height as required by any law or regulation of the state or agency thereof.

SECTION 69. Subsection G of Section 20.236.040 (Property Development Standards.) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Building site coverage and floor area ratio.

1. The maximum building site coverage shall be fifty percent (50%) of the net area of the site.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.
50 3074262.2
SECTION 70. Section 20.236.050 (Plan Review.) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-G Zone that are listed in § 20.408.040.B.

SECTION 71. Subsection D of Section 20.240.060 (Property Development Standards) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

D. Walls, fences, landscaping and property maintenance.

1. Required walls.
a. Walls along setback lines and along the common property lines shall be erected as required in § 20.248.040.D. and E. of this title. b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet metal.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty (36) inches within the front yard or side yard on the street side of a corner or reverse corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall 51 3074262.2
be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 72. Subsection F of Section 20.240.060 (Property Development Standards) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

F. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 73. Section 20.240.080 (Plan Review) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.240.080 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-M (Commercial/Industrial) Zone that are listed in § 20.408.040.B. Additionally, all property zoned C-M and located within three hundred (300) feet of any “R” (residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 74. Subsection E of Section 20.244.040 (Property Development Standards) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Walls, fences, landscaping and property maintenance.

1. Required walls. The Commission may require a six (6) foot masonry wall along any property line which abuts any residential zone as a condition of the plan 52 3074262.2
review where such wall is deemed necessary and practical to protect these abutting areas.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty (36) inches within the front yard or side yard on the street side of a corner or reversed corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

SECTION 75. Subsection G of Section 20.244.040 (Property Development Standards) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.244.040 PROPERTY DEVELOPMENT STANDARDS.

G. Floor area ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 76. Section 20.244.050 (Plan Review) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.244.050 PLAN REVIEW.
53 3074262.2
The provisions of § 20.408.040 of this title shall apply to all developments in the C-RC Zone that are listed in § 20.408.040.B.

SECTION 77. Subsection E of Section 20.248.040 (Property Development Standards) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.248.040 PROPERTY DEVELOPMENT STANDARDS.

E. Walls, fences, landscaping and property maintenance. The provisions of §

20.252.040.E of the M-1 Zone shall apply.

SECTION 78. Subsection G of Section 20.248.040 (Property Development Standards) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 79. Section 20.248.050 (Plan Review) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.248.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-P Zone that are listed in § 20.408.040.B. Additionally, all property zoned M-P and located within three hundred (300) feet of any “R” (Residentially) zoned 54 3074262.2
property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 80. Section 20.252.040 (Property Development Standards) of Chapter

20.252 (M-1 Light Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.252.040 PROPERTY DEVELOPMENT STANDARDS.

The property development standards shall apply to all land and buildings in the M-1 Zone.

A. Lot area. Each lot shall have a minimum area of six thousand (6,000) square feet.

B. Lot dimensions.

1. Width. Each lot shall have a minimum width of sixty (60) feet, except that were adjacent to a residential zone, school or park, the width shall be not less than one hundred sixty (160) feet.

2. Depth. Each lot shall have a minimum depth of one hundred (100) feet, except where adjacent to a residential zone, school or park, in which case the minimum depth shall be two hundred (200) feet.

C. Building height.

1. Buildings and structures erected in the M-1 Zone shall have a height no greater than sixty (60) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, smoke stacks, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards.

1. Where the M-1 Zone fronts, sides, or rears on any arterial street, or a local street which is a boundary with a residential zone, there shall be a yard abutting such arterial street or local street of not less than fifty (50) feet. The twenty (20) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.

2. Where the M-1 Zone fronts, sides or rears on a local street which is not a boundary with a residential zone, there shall be a yard of not less than ten (10) feet abutting such street.
55 3074262.2

3. No side or rear yards required except where adjoining a residential zone, the side and rear yard(s) shall be a minimum of one hundred (100) feet. Such yards may be used for parking, loading, and accessways. A solid masonry wall not less than seven (7) feet in height shall be installed along the property line abutting the residential zone.

4. In all front yards, the equivalent of one (1) tree per thirty (30) lineal feet of front property line shall be provided; in all rear and side yards, visible from adjacent streets or residential neighborhoods, one (1) tree for each thirty (30) lineal feet of combined rear and side interior property lines shall be planted in either a lineal or grouped manner. In addition, a five (5) foot, net (clear of curb), interior property line landscaped strip shall be provided. This landscaping shall be continuous along all interior property lines. Landscaping shall be held back from the property line or intersection with driveways or streets so as not to hinder traffic visibility.

5. All yards between the public street curbing and the property line are to be landscaped and maintained with active ground cover, such as green grass, dichondra, ivy, shrubs and/or trees.

6. All unpaved or undeveloped areas of a site for which a development application has not been submitted, shall be planted with a ground cover and/or shrub material as a condition of project approval. Undeveloped areas which are proposed for future expansion shall be kept in a weed free condition.

E. Walls, fences, landscaping, and property maintenance.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above, however, such walls shall be reduced to a height of thirty-six (36) inches in the area defined as the front yard in the abutting residential zone. b. Required walls shall be constructed of masonry material not less than six (6) inches in thickness.

4. The provisions of this section shall not apply to a fence or wall height as required by any law or regulation of the state or agency thereof.

5. Landscaping required.
a. Areas utilized for parking or loading, will be screened, modulated, or interrupted from view of access on adjacent streets, freeways, and adjacent residential property. This can be accomplished by one of three (3) techniques:
(1) Lineal masses of shrubs;
(2) Lineal or group masses of major scale trees; or
(3) Lineal or grouped masses of smaller scale trees.
b. Dual texturing of building facades or a five (5) foot strip of building parameter landscaping shall be required, with the exception of rear or side walls abutting other existing buildings.
c. Parking lot trees. Trees equal in number to one (1) per each five (5) parking stalls either grouped or clustered shall be installed in all parking areas.

Such trees shall be placed on the lot so as not to interfere with interior industrial parking lot circulation. Trees shall be placed so as to give relief to the monotony of rows of parked vehicles.
d. A detailed landscaped plan (including irrigation, plant and material specifications) shall be submitted to the Community Development Department for its approval prior to the issuance of building permits.

6. Landscaping maintenance.
a. Prior to the installation of the landscaping in public right-of-way, the developer shall provide for continued maintenance by an agreement with the city. b. Property owners are responsible for the continual maintenance of all landscape areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Any diseased, dead, damaged or decaying plant materials shall be removed and replaced within thirty (30) days following written notice from the Director.
c. Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance. d. Trees shall be staked and tied with lodge poles. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.
e. Street trees planted within public right-of-way and/or trees planted adjacent to public sidewalk shall be provided with root barriers subject to Director review and approval.

7. Property maintenance. Property owners shall maintain all structures, including buildings, paved areas, accessory buildings and signs in the manner required to protect the health and safety of users, occupants, and the general public. The property shall be deemed substandard when it displays evidences of 57 3074262.2
a substantial number of dilapidated conditions including, but not limited to the following:
a. Faulty, sagging or leaking roof;
b. Improper weatherization of building siding materials such as chipped or worn paint, wood siding showing signs of dry rot, cracked or chipped stucco and dented or rusted metal siding;
c. Broken or missing windows and sign panels;
d. Inadequate site drainage or standing water adjacent to building foundations;
e. Broken or inoperable sanitary and plumbing facilities; f. Broken or missing foundation and attic vent screens and window screens; and
g. Structural deficiencies.

F. Distance between buildings. No requirements.

G. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.”
H. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

I. Access. All lots shall have a minimum of fifty (50) feet of access on a dedicated and improved street.

J. Signs.

1. Permitted signs.
a. Temporary signage per city standards.
b. Tenant signs must be approved prior to installation. c. Except as provided herein, the provisions of Chapter 20.28 of this title shall apply.

K. Colors. Colors, materials, and finishes are to be coordinated on all exterior elevations of the buildings and walls to achieve total continuity of design. Samples of exterior elevations (colors and textures) shall be submitted for review prior to permit issuance.

L. Lighting.

1. Parking lot lighting fixtures are to have an overall maximum height that is consistent with the height of the buildings themselves. Walkway lighting fixtures are to have an overall maximum height of fourteen (14) feet. 58 3074262.2

2. Cut-off exterior light fixtures and their location shall be submitted on a plan for review.

3. Security lighting fixtures are not to project above the fascia or parapet of the building and are to be shielded or recessed in the building walls to provide cutoff at the property line.

M. Outdoor storage, uses, and waste disposal.

1. Outdoor storage and activities associated with permitted uses shall be entirely enclosed by building walls or by a solid masonry wall not less than seven (7) feet in height located at the front setback line. On all other property lines such uses shall be enclosed by buildings, solid masonry walls, vine covered chain-link fences, or uniformly compact evergreen hedges, continuously maintained and not less than seven (7) feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than six (6) feet.

Screen landscaping, fences and walls to enclose storage areas between adjoining industrial side and/or rear property lines may be deleted by mutual agreement of the property owners involved.

2. The storage of combustible materials shall be not less than twenty (20) feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

3. a. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.
b. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

4. All exterior electrical cage enclosures and storage tanks are to be screened from view from access or adjacent streets and residential neighborhoods, by a fence, wall, or mature landscape materials.

5. Trash storage method and location.
a. Trash enclosure location shall be subject to the approval of the Community Development and Public Works Departments.
b. Trash enclosure shall be of masonry construction or approved alternate material. Structural design and gates shall be in accordance with city standards.

N. Metal buildings. Buildings or structures having exterior walls of sheet metal shall not be located closer than one hundred fifty (150) feet from the property line along any freeway, major or secondary highway, or closer than one hundred (100) feet from the property line along any other dedicated street, except that such buildings or structures may be located closer to the street if any of the following conditions prevail:

1. The sheet metal comprises twenty-five percent (25%) or less of the exterior wall area of such building or structures; or
59 3074262.2

2. The sheet metal consists of panels with baked enamel or similar finish; or

3. Such building or structure is concealed from view from the public street by walls, fences, landscaping, or other buildings or structures.

O. Mechanical equipment and duct work.

1. All roof mounted mechanical equipment and/or duct work, which projects vertically more than one and one-half (1½) feet above the roof or roof parapet and is visible from an adjoining street is to be screened by an enclosure which is detailed consistently with the building.

2. All roof mounted mechanical equipment and/or ductwork, which projects one and one-half (1½) feet or more above the roof or roof parapet is to be painted in its entirety consistent with the color scheme of the building in all cases.

3. No mechanical equipment except for emergency equipment is to be exposed on the wall surface of a building.

4. Plans for cyclone blowers, bag houses, tanks, etc., shall be reviewed at the time of preliminary plan check to determine design integration with buildings and adjacent area. Furthermore, they shall be painted to match the surface to which attached.

5. Incinerator vents are to be located on the rear or “hidden” side of the building whenever possible.

P. The provisions of this section shall apply to all proposed development within the M-1 (Light Industrial) Zone except: Where a parcel or lot in the M-1 (Light Industrial) Zone is proposed for the development of off-site hazardous waste facilities, a distance of one thousand (1,000) feet from any sensitive population property lines is required, in addition to the required development standards in the M-1 (Light Industrial) Zone.

SECTION 81. Section 20.252.050 (Plan Review) of Chapter 20.252 (M-1 Light Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.252.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-1 (Light Industrial) Zone that are listed in § 20.408.040.B. Additionally, all properties zoned M-1 and located within three hundred (300) feet of an “R” (Residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title. 60 3074262.2
SECTION 82. Section 20.256.050 (Plan Review) of Chapter 20.256 (M-2 General Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.256.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-2 (General Industrial) Zone that are listed in § 20.408.040.B. Additionally, all properties zoned M-2 and located within three hundred (300) feet of any “R” (Residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 83. Tables 2-3 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use I Zoning District), 2-4 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use II Zoning District), 2-5 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use III Zoning District), 2-6 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use I Zoning District), 2-7 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use II Zoning District), and 2-8 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use III Zoning District) of Section 20.258.020 (General Development Standards for the Mixed Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code are amended to read as follows:

TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXED-USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 7,000 square feet
Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
61 3074262.2
Minimum/maximum allowable density range for
residential uses

12.1 to 50 du/acre
(1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) The standards for
accessory structures are
intended to regulate
development for residential
components of a Mixed-Use
Development.

Maximum floor area ratio (FAR) for
nonresidential uses

3.00 Minimum setbacks
Front and street side along Ash Street, Birch
Street, Brea Boulevard and Imperial Highway
None permitted (A),
except for allowable
plazas and outdoor
dining areas/uses
Front None
Side, interior, Single-story None (B)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (B)
Side, street None
Side, interior or street, adjoining residential uses 10 feet (C) Rear, if nonresidential use adjoining
nonresidential use
None (D)
Rear, if residential use or nonresidential use
adjoining residential uses
10 feet (D)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height 100 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet/ dwelling
unit
Minimum private residential open space for each
residential unit.(The minimum dimension shall
be 5 feet at any point.)
50 square feet/ dwelling
unit
NOTE: The letters (A), (B), (C) and (D) refer to the graphics following this Table.

Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-4
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
62 3074262.2
Minimum project size (1) 10,000 square
feet
(1) The standards
Minimum parcel width (1) 100 feet
Minimum parcel depth (1) 200 feet
Minimum/maximum allowable density range for
residential uses

6.1 to 40
du/acre
Maximum floor area ratio (FAR) for nonresidential uses 2.00 Minimum setbacks
Front None for minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) The standards for
accessory structures are
intended to regulate
development for
residential components
of a Mixed-Use
Development.

Side, interior, Single-story None (E)
Side, interior, Second-story and above, if residential use adjoining residential or nonresidential uses
10 feet (E)
Side, street None
Side, interior or street, adjoining, residential uses 10 feet (F) Rear, if nonresidential use adjoining nonresidential use None (G) Rear, if residential use or nonresidential use adjoining residential uses 10 feet (G)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on the same parcel None
Maximum structure height 60 feet
Minimum common residential open space for each residential unit. (The minimum dimension shall be 15 feet at any point.) 75 square feet/ dwelling unit
Minimum private residential open space for residential
unit.(The minimum dimension shall be 5 feet at any point.) 50 square feet/ dwelling unit
NOTE: The letters (E), (F), and (G) refer to the graphics following this Table.

Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-5
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum project size (1) 7,000 square
(1) The standards for
minimum project size,
feet
Minimum parcel width (1) 50 feet
63 3074262.2
Minimum parcel depth (1) 120 feet parcel width and parcel depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) The standards for
accessory structures are
intended to regulate
development for
residential components of
a Mixed-Use
Development.

Minimum/maximum allowable density range for 6.1 to 18
residential uses du/acre
Maximum floor area ratio (FAR) for 1.00
uses
Minimum setbacks
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of less than one
acre
None permitted
(H), except for allowable plazas
and outdoor dining areas/uses
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of one acre or
greater
At least 50% of the parcel
frontage: None permitted (I)
Up to 50% of the parcel
frontage. (No parking within
setback allowed.): May maintain
an average setback of 10 feet (I)
Front, other than Brea Boulevard or Imperial
Highway
None
Side, interior, Single-story None (J)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (J)
Side, street, other than Brea Boulevard or
Imperial Highway None
Side, interior or street, adjoining, residential
uses
5 feet, average (K)
Rear, if nonresidential use adjoining
nonresidential use
None (L)
Rear, if residential use or nonresidential use
adjoining residential uses 10 feet (L)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the
upper floors of a parking structure.)
5 feet
NOTE: The letters (H), (I), (J), (K) and (L) refer to the graphics following this Table.

Minimum distance between structures located
on the same parcel None
Maximum structure height 35 feet
Minimum common residential open space for
each residential unit.(The minimum dimension
shall be 15 feet at any point.)
75 square feet/ dwelling unit
Minimum private residential open space for
each residential unit. (The minimum dimension
shall be 5 feet at any point.)
50 square feet/ dwelling unit
Maximum parcel coverage 65%
Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and Loading Section 20.08.040
64 3074262.2
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 2,500 square feet (1) The standards for minimum project size, parcel width and
parcel depth are intended to
regulate sites for development
purposes only and are not
intended to establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) For structures located on
Ash Street, Birch Street, or Brea
Boulevard, north of Imperial
Highway, there is no minimum
setback requirement. All other
setbacks shall be measured from
the structure face to the nearest
property line.
(3) Low level patio walls may
encroach into the required front
or street side setback up to a
maximum of 5 feet.
(4) In projects with
subterranean parking, structure
heights shall be measured from
the top of the parking deck. For
structures located on Ash Street,
Birch Street, or Brea Boulevard,
the maximum structure height
shall be 55 feet.

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable
density range for residential uses

12.1 to 50
du/acre
Maximum floor area ratio
(FAR) for nonresidential uses 3.00
Front and Side, Street along Ash
Street, Birch Street, Brea
Boulevard and Imperial Highway,
Single-story (2)
5 feet (M)
Front and Side, Street along Ash
Street, Birch Street, Brea
Boulevard and Imperial Highway,
Second-story and above (2)
10 feet (M)
Front, other than Ash Street,
Birch Street, Brea Boulevard and
Imperial highway (3)
15 feet (N)
Side, interior 5 feet (O)
Side, street, other than Ash
Street, Birch Street, Brea
Boulevard and Imperial highway
(3)
15 feet (O)
Side, interior or street (other than
Ash Street, Birch Street, Brea
Boulevard and Imperial
highway), adjoining, residential
uses
10 feet (O)
Rear 5 feet (P)
Rear, adjoining nonresidential
uses
10 feet (P)
Parking area setbacks (front
and street side). (No parking
adjacent to Brea Boulevard or
Imperial Highway allowed,
except in the upper floors of a
parking structure.)
5 feet
Minimum distance between
structures located on the same
parcel
None
Maximum structure height (4) 100 feet
Minimum common open space
for each residential unit.(The
minimum dimension shall be 15
feet at any point.)
100 square feet/ dwelling unit
Minimum private open space for 75 square feet/ dwelling unit 65 3074262.2
each residential unit. (The
minimum dimension shall be 5
feet at any point.)
NOTE: The letters (M), (N), (O), and (P) refer to the graphics following this Table.

20.220.040.F
TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE II

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 2,500 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g.
condominium) purposes.
(2) Low level patio walls
may encroach into the
required front or street side
setback up to a maximum of
5 feet.

In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses

6.1 to 40
du/acre
Maximum floor area ratio (FAR) for nonresidential
uses

2.00 Minimum setbacks
Front (2) 15 feet (Q)
Side, interior 5 feet (R)
Side, street (2) 15 feet (R)
Side, interior or street, adjoining, nonresidential uses 10 feet (R) Rear 15 feet (S)
Rear, adjoining nonresidential uses 20 feet (S)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (3) 60 feet
Minimum common open space for each residential
unit.(The minimum dimension shall be 15 feet at
any point.)
100 square feet/
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at any
point.)
75 square feet/
dwelling unit
Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5
and Section
66 3074262.2

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E
and Section

20.220.040.F
NOTE: The letters (Q), (R), and (S) refer to the graphics following this Table.

TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE"

RESIDENTIAL PROJECTS IN MIXED-USE III ZONING

DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) Low level patio walls
may encroach into the
required front or street
side setback up to a
maximum of 5 feet.
(3) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for
residential uses

6.1 to 14 du/acre (See
Section

20.258.030.A.4)
Maximum floor area ratio (FAR) for nonresidential
uses

1.00 Front and Side, street, along Brea Boulevard and
Imperial Highway
Stand alone residential not
allowed on Brea Boulevard
or Imperial Highway
Front, other than Brea Boulevard or Imperial
Highway (2) 15 feet (T)
Side, interior 5 feet (U)
Side, street other than Brea Boulevard or Imperial
Highway (2) 15 feet (U)
Side, interior or street, adjoining, nonresidential
uses
10 feet (U)
Rear 15 feet (V)
Rear, adjoining nonresidential uses 20 feet (V)
Parking area setbacks (front and street side).

No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (3) 35 feet
Minimum common open space for each
residential unit.(The minimum dimension shall be
15 feet at any point.)
100 square feet/ dwelling
unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at
any point.)
75 square feet/ dwelling
unit
67 3074262.2
Maximum parcel coverage (not including
parking decks) 65%
NOTE: The letters (T), (U), and (V) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
SECTION 84. Section 20.260.050 (Special Provisions) of Chapter 20.260 (PD Precise Development Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
“20.260.050 SPECIAL PROVISIONS.

A. Procedure. Development of land in a precise development zone for any specific use shall be subject to a precise development review, pursuant to §

20.408.070. All procedures regarding a Precise Development review of land in a precise development zone, or the revocation or modification thereof, shall be governed by provisions establishing procedures related to conditional use permits as amended from time to time.

SECTION 85. Subsection B of Section 20.400.030 (Types of Procedures) of Chapter 20.400 (Administration and Procedures - General) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Administrative procedures.

1. Administrative interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this title. An interpretation is uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.

2. Administrative remedy. A simplified procedure for considering minor deviations from zoning regulations, within established parameters, designed to expedite requests therefor without requiring Planning Commission review. 68 3074262.2

3. Conditional use permit. A discretionary action concerning a specified land use and, pursuant to criteria set forth in this title, to determine whether such use may be permitted at a given location and to determine the conditions or limitations on development in each case.

4. Plan review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

5. Precise Development. The review and conditional approval of development plans for specified categories of development in Mixed-Use zones and all developments in Precise Development zone, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

6. Certificate of compatibility. A procedure to consider the compatibility of accessory dwelling units that do not conform to the established standards and mobile and/or manufactured housing to coordinate planning, architecture, aesthetics, and economic cohesiveness within residentially zoned areas of the city.

SECTION 86. Subsection C of Section 20.408.020 (Administrative Remedy) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Procedure. The following procedure shall apply to administrative remedy applications:

1. Application for administrative remedy shall be made pursuant to §

20.400.040.

2. The Director may refer any administrative remedy application to the Planning Commission for review at his/her discretion.

3. The Director, if the application was not referred to the Planning Commission, within thirty (30) days after filing of the complete application, shall either:
a. Approve the application;
b. Approve the application with conditions; or
c. Disapprove the application.

The Director shall set forth the findings upon which the decision is based. 69 3074262.2

4. A copy of the proceedings and findings of the Director shall be submitted, in writing, to the Commission as a matter of record.

5. The decision of the Director shall be final and shall become effective ten (10) days after issuance of the decision by the Director, subject to appeal pursuant to Chapter 20.424.

SECTION 87. Subsection B of Section 20.408.030 (Conditional Use Permit) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Uses permitted subject to conditional use permit.

1. Uses listed in each zone requiring a minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.

2. Modification of standards.
a. The following circumstances may be permitted with an approval of a minor conditional use permit.
(1) Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract. (2) Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3) Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4) Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5) Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
70 3074262.2
(6) Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7) Modification of maximum height regulation by more than ten percent (10%) but not to exceed twenty percent (20%).
b. The following circumstance may be permitted with an approval of a conditional use permit.
(1) Increase in building heights above twenty percent (20%) of the maximum permitted building height in C-P, C-C, C-G, C-M, C-RC, M-P, M-1 and M-2 zones.

3. Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title may be permitted with an approval of a conditional use permit.

SECTION 88. Title of Section 20.408.040 (Plan Review Procedure) of Chapter

20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.408.040 PLAN REVIEW.

SECTION 89. Subsection A of Section 20.408.040 (Plan Review) of Chapter

20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

A. Purpose. The purpose of the plan review procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law.

1. Applicability. This chapter shall apply to the following types of developments:
a. New single-family dwellings part of a larger development that includes two or more lots, not exempt from local, state, or federal law, in the R-1 (SingleFamily Residential), R-1 5,000 (Single-Family Residential 5,000), and R1-H (Single-Family Residential - Hillside) Zones.
71 3074262.2
b. All developments in the R-2 (Multiple-Family Residential) and R-3 (Multiple-Family Residential Zones), not exempt from local, state, or federal law, except for modification to the existing single-family dwellings. c. All developments in commercially zoned properties.
d. All developments in industrially zoned properties.
e. Exceptions. This section does not apply to developments that only involve interior modifications.

SECTION 90. Section 20.408.050 (Certificate of Compatibility) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.408.050 CERTIFICATE OF COMPATIBILITY.

A. Intent and purpose. The certificate of compatibility considers the compatibility of accessory dwelling units that do not conform to the established standards, and mobile or manufactured homes to coordinate land planning, architecture, aesthetics, and economic cohesiveness within the surrounding neighborhood. The issuance of a certificate of compatibility shall be obtained prior to submittal of an application for a building permit.

SECTION 91. Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.408.070 (Precise Development) to read as follows:

20.408.070 PRECISE DEVELOPMENT.

A. Purpose. The purpose of the precise development procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law for specified categories of development in Mixed-Use zones and all developments in Precise Development zone.

B. Procedure.

1. Application for plan review shall be submitted in accordance with §

20.400.040, together with the requisite fee therefor.
72 3074262.2

2. Application for precise development shall include submission of the following, where appropriate:
a. A boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.)
b. Existing topography of the development area shall be shown with contours at not more than two (2) foot intervals.
c. The gross land area of the development, the present zoning classification thereof, and the zoning classification and existing land use on all adjacent properties, including the location of structures and other improvements thereon. d. A general development plan with at least the following details shown to scale and dimensioned:
i. Location and use or uses proposed for each existing and each proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances.
ii. All existing and proposed storage, curb cuts, driving lanes, parking areas and loading areas.
iii. All pedestrian walks and open areas for the use of occupants of the proposed development and the public.
iv. Types of surfacing proposed for all walks and driveways. v. A detailed plan for the landscaping of the development, including the location and heights of all proposed walls, fences and screen plating, and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained.
vi. A grading plan for the entire development.
vii. All existing or proposed physical features such as hydrants, utility facilities, flood lights, drainage facilities and recreation facilities, and a statement setting forth the method by where these features shall be preserved and maintained.
viii. Any additional drawings or information as may be required by the City. e. Plans and elevations of one (1) or more structures to indicate architectural type and materials of construction.

C. Review Authority.

1. The Planning Commission shall be the review authority for the Precise Development review, except as specified in § 20.260.010 of this Chapter.

2. Planning Commission authority.
73 3074262.2
a. The Planning Commission shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where, it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this ordinance and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.
b. All special conditions established by the Planning Commission in accordance with this section may be appealed to City Council.

3. Community Development Director authority.
a. The Director shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this chapter and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.

SECTION 92. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it enacts omnibus zoning code amendments that will not have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 93. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, 74 3074262.2
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 94. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

SECTION 95. CERTIFICATION.

The City Clerk shall certify to the passage of this Ordinance.

PASSED, APPROVED, AND ADOPTED, this 18th day of March, 2025. _________________________________
Blair Stewart
Mayor
ATTEST:
_________________________________
Lillian Harris-Neal
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, 75 3074262.2
held on the 4th day of March, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the 18th day of March, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________
_____________________________
City Clerk
City of Brea
City Council Regular Meeting Communication
C. Approve Agreements with HOPE Center of Orange County and Project Youth OC and Approve the Appropriation of National Opioid Settlement Funds for FY 2024–25 and FY 2025–27 Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4C.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
It is recommended that the City Council:

1. Authorize the City Manager to execute an Agreement between the HOPE Center and the Cities of Brea, Buena Park, Fullerton, and Placentia for the hiring of a Street Outreach Case Manager specializing in MedicationAssisted Treatment for a three-year term using the respective cities’ National Opioid Settlement (NOS) Funds; and

2. Authorize the City Manager to execute an Agreement with Project Youth OC for the expansion of their ShortStop and Stop Short of Addiction Program in the City of Brea for a three-year term using the NOS Funds; and

3. Approve the appropriation of NOS Funds for the current Fiscal Year 2024-25 budget to begin purchasing supplies for opioid use prevention efforts; and

4. Approve the appropriation of NOS Funds for Fiscal Year 2025-27 budget.

BACKGROUND/DISCUSSION
The National Opioid Settlement (NOS) Funds are allocated to states for opioid crisis prevention, treatment, and harm reduction. The State of California (CA) established the CA Subdivision Fund to provide funds to cities and counties (Participating Subdivisions) that elected to participate in these settlements. Shortly after, CA designated the CA Department of Health Care Services (DHCS) to oversee these funds by monitoring the Participating Subdivisions for spending compliance and ensuring proper annual reporting. To ensure compliance, Participating Subdivisions must adhere to specific spending guidelines outlined in Exhibit E of the National Settlement Agreements and/or the High Impact Abatement Activities (HIAA) defined by DHCS (Attachment A). Further, pursuant to California State Subdivision Agreements, no less than 50% of the funds received by a Participating Subdivision in each calendar year must be used for one or more of the High Impact Abatement Activities listed in Attachment A of this staff report.

In 2021, the City of Brea elected to participate in the National Opioid Settlements as a Participating Subdivision of the State of California, securing approximately $660,000 in funds since 2022, with $140,000 expended on eligible activities to-date. An additional three different settlements are expected from Kroger, the Sackler Family and Purdue Pharma. Future allocations will continue annually through 2038, with a deadline to expend funds by 2043.

Current Allocations for the City of Brea To-Date
Settlement Amount Received
Mallinckrodt $7,771.61
Janssen $132,229.32
Distributors $215,799.32
Pharmacies $291,204.99
McKinsey $12,787.95
Total $659,793.19
The City has identified key areas for fund utilization, including the hiring of a full-time Community Services Specialist at the Brea Resource Center, approved by City Council in 2023. This position focuses on data collection, research, and executing efforts to educate and reduce opioid use among vulnerable populations (HIAA #3).

To strategically allocate remaining settlement funds, staff have identified and prioritized key initiatives for these data-driven efforts including, Naloxone training and distribution, an educational social media campaign, a subpage on our City website with resources, educational seminars and informational booths, as well partnerships with the HOPE Center of Orange County (HOPE Center) and Project Youth OC.

HOPE Center of OC
Based on a local Medication-Assisted Treatment (MAT) clinic data from KCS Clinic, Brea proposes entering into an agreement (Attachment B) with the HOPE Center of OC and the Cities of Buena Park, Fullerton, and Placentia to collectively fund a Street Outreach Case Manager. This specialist will focus on MAT services, Opioid Use Disorder (OUD), and Substance Use Disorder (SUD) services to better address the needs of vulnerable populations in Brea.

From February 2024 through August 2024, Brea recorded 9 unsheltered and 10 sheltered individuals receiving MAT services at KCS Clinic. This data serves as the basis for calculating Brea’s contribution to the HOPE Center. Using this methodology, Brea’s share will be approximately $40,000 per fiscal year, while the total agreement will amount to approximately $250,000 per fiscal year for three years. This partnership is a data-driven initiative aligned with the HIAA guidelines set by DHCS and the parameters set in the Settlement Agreements. The initiative specifically supports vulnerable populations, including sheltered and unsheltered individuals, by providing targeted interventions such as MAT and wraparound support services, as described under HIAA guidelines.

Additional cities may join the initiative through an amendment, subject to the consensus of all participating cities.

If new cities opt in, the funding formula will be recalculated, potentially reducing Brea’s financial contribution. The formula will be updated annually at the start of each fiscal year based on data collected and provided by the HOPE Center. Consequently, depending on future data, Brea’s contribution may fluctuate between the current estimate and a maximum of approximately $60,000.

To ensure adequate funding, staff recommends that the Council appropriate $60,000 for the HOPE Center to the professional services account within the NOS funds budget unit for FY 25-26 and FY 26-27. The HOPE Center was selected as a funding recipient due to its existing homeless outreach efforts within the City of Brea, making it wellpositioned to expand its services to address opioid-related challenges amongst the unsheltered population.

Project Youth OC
Staff is proposing the City of Brea enter into an agreement (Attachment C) with Project Youth OC (PYOC) to bring their proven diversion programs to Brea. PYOC is a nonprofit organization dedicated to empowering at-risk youth through intervention programs that prevent substance abuse and delinquency. Their services align with the HIAA (HIAA #5: Interventions to prevent drug addiction in vulnerable youth) guidelines established by DHCS and meet the criteria outlined in Exhibit E of the National Opioid Settlement Agreements. By expanding into Brea, PYOC will implement its evidence-based Shortstop and Stop Short of Addiction programs, which are designed to reduce youth involvement in substance abuse and entering the criminal justice system.

Through this expansion, Project Youth OC will work closely with the Community Services Specialist at the Brea Resource Center, collaborating with the School Resource Officer already embedded in the Brea Olinda Unified School District and other local organizations to identify at-risk youth and provide intervention and prevention services for them and their families. Over the three-year grant term, PYOC will serve 100 youth and 150 parents/caregivers annually, with a total of 750 unduplicated clients receiving services.

This initiative will cost approximately $85,000 per year with a total cost of $252,650 over the three-year agreement term. All funding will come from NOS funds, so there will be no impact on the General Fund. PYOC’s proven programs have demonstrated success in reducing youth recidivism and substance abuse, making them a reliable partner for effectively addressing these issues in Brea. With expertise in working with vulnerable populations, PYOC brings a specialized skillset that aligns with Brea’s goals for youth prevention and early intervention.

Appropriating Funds for Current Fiscal Year 2024-25 Budget The City of Brea is already making strides in addressing the opioid crisis through education, harm reduction, and community outreach. As part of these efforts, staff is requesting the Council appropriate funds within the existing NOS funds budget (233), in specified accounts as outlined in the table below for the current Fiscal Year 2024-25.

Fiscal Year 2024-25 Proposed Budget
Account No. Account Title Amount CA Opioid Settlement Fund Allowable Expense Category
4111 Salary and Wages $121,776.00 HIAA #5, Schedule A, and Schedule B
TOTAL SALARY AND WAGES: $121,776.00
4231 Advertising $1,000.00 Schedule B
4271 Mileage Reimbursement $300.00 Schedule B
4311 Food & Clothing $1,000.00 Schedule B
4442 Special Program Supplies $6,500.00 Schedule B
TOTAL OPERATING COSTS: $8,800.00
These funds will be used to purchase necessary supplies and support the launch of an educational campaign focused on opioid awareness and prevention. Additionally, this funding will enable the distribution of naloxone to community members, a critical tool in preventing opioid overdose deaths. According to data provided by the County of Orange, from the California Comprehensive Death File, the City of Brea had an opioid overdose mortality total rate of eighteen people between the years of 2021 and 2023. After looking at opioid overdose mortality trends across the country, it can be anticipated that these proactive measures will help lay the groundwork for a comprehensive response to the opioid crisis.

Fiscal Year 2025-27 Proposed Budget
City staff request that the NOS funds budget for Fiscal Year 2025-27 be appropriated as outlined in the table below to support the City’s ongoing efforts to mitigate and address the opioid epidemic at the local level. The proposed budget includes funding for salaries and wages to offset costs associated with the planning, leadership, and coordination of NOS initiatives. Specifically, this covers the Community Services Specialist, Management Analyst – City Manager’s Office, Community Services Supervisor and Manager, and the Senior Management Analyst from the Finance Department.

Additionally, the budget allocates a portion of salary funds for the School Resource Officer to provide information and assistance to PYOC. It also includes an operating budget for necessary supplies to sustain the City of Brea’s opioid use prevention and intervention efforts. This includes funding for Professional Services Agreements with PYOC and the HOPE Center to enhance the City's outreach and support initiatives.

Fiscal Year 2025-27 Proposed Budget
Account
No.

Account Title FY 25-26
Amount
FY 26-27
Amount
CA Opioid Settlement
Fund Allowable Expense
Category
4111 Salary and Wages $145,500.00 $151,000.00 HIAA #5, Schedule A, and Schedule B
TOTAL SALARY AND WAGES: $145,500.00$151,000.00
4219 Communication Svc. $600.00 $600.00 Schedule B
4231 Advertising $1,000.00 $1,000.00 Schedule B
4249 Professional Svc. $147,000.00 $147,000.00 HIAA #3, HIAA #5 4271 Mileage Reimbursement $300.00 $300.00 Schedule B
4311 Food & Clothing $1,000.00 $1,000.00 Schedule B
4322 Communications Equip. $1,150.00 0 Schedule B
4329 Office Supplies $1,000.00 $500.00 Schedule B
4442 Special Program
Supplies
$7,000.00 $3,500.00 Schedule B
TOTAL OPERATING COSTS: $159,050.00$153,900.00

FISCAL IMPACT/SUMMARY
The NOS funds are designated for specific uses as outlined in the Settlement Agreement Exhibit E and the DHCS guidelines on HIAA. Funds will continue through the year 2038, with an additional five years after final allocation for staff to ensure full expenditure of remaining funds. Staff will maintain compliance with DHCS annual reporting requirements and oversee fund distribution to align with approved uses. Importantly, there is no fiscal impact to the General Fund, as all expenditures outlined in this staff report will be fully covered by the NOS Funds account (233).

Below is a projection of the City's future allocations for the next five (5) years:

Future Allocations
Fiscal
Year
Estimated
Allocation
2025-
2026
$148,595.69
2026-
2027
$144,268.38
2027-
2028
$134,688.98
2028-
2029
$158,815.61
2029-
2030
$164,103.56
Total $750,472.22
RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared By: Tiara Solorzano, Management Analyst
Concurrence: Soo Kang, NOCPSC Executive Director, Victoria Ugarte, Community Services Specialist, and Jennifer Colacion, Community Services Manager
Attachments
Attachment A - CA-OSF-Allowable-Expenses.pdf
Attachment B - HOPE Center of OC MOA.pdf
Attachment C - Project Youth OC Agreement Final with Exhibit Executed.pdf September 2023 | 1

CALIFORNIA OPIOID SETTLEMENTS
Allowable Expenditures
On July 21, 2021, California Attorney General Rob Bonta announced the final settlement agreements with prescription opioid manufacturer Janssen Pharmaceuticals and pharmaceutical distributors McKesson, Cardinal Health, and AmerisourceBergen (the Distributors). These were the first of several opioid settlements that will provide substantial funds for the remediation of the opioid crisis in California.

This document is intended to provide guidance for California’s cities and counties (otherwise known as Participating Subdivisions) that receive funds from the California Abatement Accounts Fund through current and future California Opioid Settlements.1 This resource includes three sections:
» Section 1: Use of California (CA) Abatement Accounts Fund » Section 2: High Impact Abatement Activities (HIAA)
» Section 3: List of Opioid Remediation Uses (Exhibit E) – Core Strategies and Approved Uses
Questions about the applicability of strategies to expend funds received from the CA Abatement Accounts Fund can be directed to DHCS at [email protected]. 1 Opioid settlements in this instance refers to final and proposed agreements between the State of California and opioid distributors and manufacturers: Janssen Pharmaceuticals and Johnson & Johnson (collectively “Janssen”); McKesson, Cardinal Health, and AmerisourceBergen (collectively, Distributors); Teva; Allergan; and pharmacies Walgreens, Walmart, and CVS (collectively, The Pharmacies), as well as any future opioid settlement agreements which follow the structure of these agreements.

September 2023 | 2
Section 1: Use of California (CA) Abatement Accounts
Fund
Funds from the California Opioid Settlements are intended to support opioid remediation activities. As defined in the National Opioid Settlement Agreements, opioid remediation is the “care, treatment, and other programs and expenditures designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid crisis.”
Pursuant to the California State-Subdivision Agreements, funds from the CA Abatement Accounts Fund must be used for opioid remediation activities in one or more of the areas described in Exhibit E of the National Opioid Settlement Agreements. Section 3 of this document provides a copy of Exhibit E, which is divided into Schedule A and Schedule B strategies. Schedule A provides a list of core opioid remediation strategies identified through the National Opioid Settlements, while Schedule B provides a list of additional opioid remediation strategies identified through the settlements.

Pursuant to the National Opioid Settlement Agreements, funds from the CA Abatement Accounts Fund may also be used to support reasonable related administrative expenses for opioid remediation activities.

Section 2: High Impact Abatement Activities (HIAA)
California state officials, in partnership with counsel representing cities and counties, have agreed on a list of opioid remediation activities to prioritize within the State of California. These priorities, referred to as High Impact Abatement Activities (HIAA), can be found in the respective California State-Subdivision Agreements. Many of the activities listed in Exhibit E of the National Opioid Settlement Agreements can qualify as HIAA, depending on their focus.

Pursuant to the California State-Subdivision Agreements, no less than fifty percent (50%) of the funds received by a Participating Subdivision in each calendar year from the CA Abatement Accounts Fund will be used for one or more of the HIAA listed below:

September 2023 | 3
Table 1: High Impact Abatement Activities (HIAA)
No. Activity
1 Provision of matching funds or operating costs for substance use disorder (SUD) facilities within the Behavioral Health Continuum Infrastructure Program (BHCIP) 2 Creating new or expanded SUD treatment infrastructure2 3 Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD
4 Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction 5 Interventions to prevent drug addiction in vulnerable youth 6 The purchase of naloxone for local entities including for distribution and efforts to expand access to naloxone for opioid overdose reversals.

Section 3: List of Opioid Remediation Uses – Core
Strategies and Approved Uses
Participating Subdivisions shall choose from among the opioid remediation strategies listed in “Approved Uses” (Schedule B) of Exhibit E, which are listed below. However, priority should be given to the following core opioid remediation strategies (“Core Strategies” (Schedule A)).

Pursuant to the National Opioid Settlement Agreements, words like “expand,” “fund,” or “provide” shall not indicate a preference for new or existing programs. 2 May include cost overrun for BHCIP programs as needed.

September 2023 | 4
Core Strategies (Schedule A)
A. Naloxone or Other FDA-Approved Drug to Reverse Opioid Overdoses

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. Medication-Assisted Treatment (MAT) Distribution and Other OpioidRelated Treatment

1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service;

2. Provide education to school-based and youth-focused programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.

C. Pregnant and Postpartum Women

1. Expand Screening, Brief Intervention, and Referral to Treatment (SBIRT) services to non-Medi-Cal eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (OUD) and other SUD/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare.

D. Expanding Treatment for Neonatal Abstinence Syndrome (NAS)

1. Expand comprehensive evidence-based and recovery support for NAS babies;

2. Expand services for better continuum of care with infant-need dyad; and

3. Expand long-term treatment and services for medical monitoring of NAS babies and their families.

September 2023 | 5
E. Expansion Of Warm Hand-Off Programs and Recovery Services

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

F. Treatment for Incarcerated Population

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. Prevention Programs

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in schools;

3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. Expanding Syringe Service Programs

1. Provide comprehensive syringe services programs with more wraparound services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

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I. Evidence-Based Data Collection and Research Analyzing the Effectiveness of the Abatement Strategies Within the State
Approved Uses (Schedule B)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder (SUD) or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

Part I: Treatment
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of OUD and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidenceinformed programs or strategies that may include, but are not limited to, those that:

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of MAT approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any cooccurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

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7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.

8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including tele-mentoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service– Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

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3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

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C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any cooccurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co- occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid- related adverse event.

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10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace

14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any cooccurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
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5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any cooccurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR

FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any cooccurring SUD/MH conditions, and the needs of their families, including babies with NAS, through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

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1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infantneed dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

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Part II: Prevention
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING

AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
i. Increase the number of prescribers using PDMPs;
ii. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
iii. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidencebased or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.

8. Funding evidence-based prevention programs in schools or evidenceinformed school and community education programs and campaigns for students, families, school employees, school athletic programs, parentteacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co- occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health September 2023 | 15
needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any cooccurring SUD/MH conditions.

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12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

Part III: Other Strategies
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid- related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH September 2023 | 17
conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

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7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
1 MEMORANDUM OF AGREEMENT

OPIOID USE DISORDER AND MEDICATION ASSISTED TREATMENT PROGRAM

MEMORANDUM OF AGREEMENT BETWEEN THE CITIES OF BREA, BUENA PARK,

FULLERTON, PLACENTIA AND THE HOPE CENTER OF ORANGE COUNTY (HCOC) This Memorandum of Agreement (“MOA”) is by and between the California Cities of Brea, Buena Park, Fullerton, and Placentia (collectively, the “Cities” and individually a “City”) and the HOPE Center of Orange County (“HCOC”), a non-profit corporation of California, (collectively, the “Parties” and individually, a “Party”) to be effective as of July 1, 2025 and signed by all Parties.

RECITALS:

A. The HCOC is a ground-breaking multi-city, multi-disciplinary partnership that seeks to establish community-wide coordination and standardization in homeless outreach and engagement by centralizing resources, coordinating responses, and integrating data. HCOC’s mission is to help individuals experiencing homelessness in the North Orange County Service Planning Area (SPA) gain more reliable relief and consistent support. The HOPE Center’s mantra is “Right People, Right Resources, Right Now.” They work diligently to align the efforts and strategies of North Orange County cities, community-based organizations, behavioral health street practitioners, and community health workers to improve the capacity of the homeless services system to effectively plan, manage, and allocate resources so that responses are appropriate and expedient.

B. The Cities desire to expand access to and the availability of Medication Assisted Treatment (MAT) and related services by contracting with HCOC to provide one (1) full time Clinical Manager to develop service coordination and access for vulnerable populations (including those in emergency or temporary shelter and unsheltered populations) that are disproportionately impacted by Substance Use Disorder (SUD) and Opioid Use Disorder (OUD), herein referred to as the “Program;”
C. HCOC desires to provide such services to the Cities, and the Cities have agreed to allocate a portion of the funding each received from the National Opioid Settlement to pay for the cost of such services, subject to the terms and conditions specified in this MOA; D. The Cities and the HCOC desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA;
E. These services referred to as the “Program” will be an integrated component of the HCOC street outreach, engagement and services, which operates in the cities of the North Orange County Public Safety Collaborative.

NOW, THEREFORE, the Parties agree to the following:

I. TERM:

The term of this MOA shall commence on July 1, 2025 and upon execution of the MOA by all Parties and shall continue through June 30, 2028 (“Term”). The Term of this MOA may be extended by mutual agreement of all Parties by way of a written amendment to this MOA. 2 II. RESPONSIBILITIES OF EACH OF THE PARTIES:

A. HCOC agrees to:

1. Undertake the hiring and all other duties related to employment of a Clinical Manager to implement the Program.
a. The Clinical Manager, as an addiction specialist, will focus on coordinating wraparound support services, including but not limited to:
i. Medical referrals for treatment.
ii. Job-related information and employment assistance.
iii. Food and housing support.
iv. Follow-up care to ensure treatment continuity.
v. Linkages to additional social and health services aimed at supporting long-term recovery.

2. Manage, make eligible payments if required, and administer any necessary agreements with MAT service provider(s) if required to ensure the Program is being implemented as contemplated under this MOA.

3. Respond to and address Cities’ concerns regarding Clinical Manager performance within a reasonable time.

4. Coordinate conference calls and/or meetings with Cities as necessary.

5. Gather data related to MAT, SUD, and OUD calls for service and utilize/interpret the data to enhance program effectiveness.

6. Provide Cities with monthly reports illustrating program effectiveness to include quantitative data analysis, performance metrics, and any other information necessary to fulfill National Opioid Settlement annual reporting requirements.

7. HCOC shall promptly review all documents submitted by Cities. HCOC shall advise Cities of decisions pertaining to such documents within a reasonable time after submission.

8. HCOC hereby designates its executive director, or designee, to act as its representative for the performance of this MOA (“HCOC’s Representative”). HCOC’s Representative shall have the power to act on behalf of HCOC for all purposes under this MOA.

9. Provide any updated point-of-contact described in Section V. to serve as the HCOC’s Project Manager with name, title, and contact information.

B. Cities agree to:

1. Participate in conference calls and/or meetings with HCOC, as necessary.

2. Provide any updated point-of-contact described in Section V. to serve as each City’s Project Manager with name, title, and contact information.

3. Manage program budget and process payments to HCOC for program expenses per Exhibit A attached hereto and incorporated herein by reference.

4. As needed, hold internal City meetings to continue to push the program forward and build internal buy-in across staff.

5. Provide feedback to the HCOC on the implementation of the Substance Use Disorder, Opioid Use Disorder and Medication Assisted Treatment Program.

6. Respond to requests, provide data and information as requested, review materials, and provide input to the HCOC to support the implementation of the Program.

7. Complete annual California Department of Health Care Services (DHCS) reporting requirements per the National Opioid Settlement Agreement.

8. Should a City not provide the required resources, as determined by HCOC, to support the Program, the HCOC reserves the right to withdraw the Program’s services from 3 said City. Said City must provide 120 days advanced written notice to the remaining Cities in order for the remaining Cities to evaluate whether to terminate the Program or provide additional funding above their contracted allocation percentage, as further detailed in Section III (Compensation) of this MOA, to cover the difference.

III. COMPENSATION:

A. For the performance of all Services rendered by HCOC through the Clinical Manager under this MOA, Cities shall pay HCOC in accordance with the following Cost Allocation Plan based on the MAT services provided to respective Cities by treatment provider from February 2024 to August 2024 (“Compensation”):
i. Brea (19 or 16%): not to exceed $40,000
ii. Buena Park (33 or 28%): not to exceed $70,000
iii. Fullerton (59 or 50%): not to exceed $125,000
iv. Placentia (7 or 6%): not to exceed $15,000
This amount of Compensation to HCOC for the services provided under this MOA is not to exceed two-hundred and fifty thousand dollars ($250,000) annually, as further detailed in the HCOC program budget enclosed in Exhibit A of this MOA. Budget modifications are permitted and will be allowed on a case by case basis upon approval by the Cities.

After completion of the first year of the MOA, as measured by the start date of July 1, 2025, this allocation formula shall be reviewed by the Parties and percentages adjusted according to new MAT-treatment client residence data to be provided by HCOC. The percentage shall always equal 100% to fund the activities identified in the budget within Exhibit A attached to this MOA and will only adjust internally between the participating Cities.

The percentage allocation may also change via an amendment to the MOA if additional cities wish to enter this MOA.

B. Any consideration for an increase in Compensation shall occur no more than once per fiscal year, irrespective of the number of additional National Opioid Settlement funds secured within a single fiscal year by Cities. If the Cities agree that sufficient funding exists to support an increase in Compensation, the Parties shall execute a written amendment to this MOA to reflect such increase. In no event shall any increase in Compensation exceed the actual percentage increase in the Consumer Price Index – All Urban Consumers covering Orange County, as determined by the United States Department of Labor, Bureau of Labor Statistics for the preceding Twelve (12) months.

C. For the first six (6) months of the Term, HCOC shall invoice Cities individually for the Compensation within 30 days of the of the effective date of this MOA, July 1, 2025.

Thereafter, HCOC shall invoice each City on the last day of each month for that month’s compensation during the Term of this MOA. The first six (6) months of the Term will be paid in advance by the Cities, thereafter, payments shall be made on a monthly reimbursement basis. Cities shall pay the invoice within 30 days of its receipt 4 thereof.

IV. AMENDMENTS:

A. PROJECT SCOPE

1. For any change which materially affects the project scope of work or budget, or in any way modifies any term or condition included under this MOA, a written amendment to the MOA shall be prepared and executed by the Cities and the HCOC for such change to be effective.

2. Changes affecting the project scope of work must be in compliance with Exhibit E of the National Opioid Settlement Agreement.

B. NEW PARTIES

1. Qualifying Agencies: Only those cities whose jurisdictional boundaries include portions of, or overlap with, the Program Area qualify to be a party to this MOA (“Qualifying Agency”).

2. Financial Contribution of New Parties: After July 1, 2025, a Qualifying Agency that is not a participating City may petition the Parties to be added to this MOA, and will be made a Party hereto if, 1) the petition of the Qualifying Agency is approved by all Parties; 2) the Qualifying Agency pays a pro-rated share of the costs incurred by the Cities paid to the HCOC for the current fiscal year.

Upon being made a party to this MOA, and as condition precedent thereto, the Qualifying Agency shall be allocated and pay their contribution amount consistent with the Cost Allocation Plan set forth in Section III of this MOA, and all other allocations of the Cities shall be adjusted accordingly. The Parties acknowledge and agree that payments to be made by a Qualifying Agency under this Section fairly represent the Program benefits and burdens to the Parties.

V. PROJECT MANAGEMENT:

A. For purposes of this MOA, the HCOC designates the following individual as its Project Manager:

Sarah Bernal, Operations Manager | [email protected] B. For purposes of this MOA, the City of Brea designates the following individual as its Project Manager:

Tiara Solorzano, Management Analyst | [email protected] C. For purposes of this MOA, the City of Buena Park designates the following individual as its Project Manager:

Rosemary Nielsen, Homeless Outreach Supervisor | [email protected] 5 D. For purposes of this MOA, the City of Fullerton designates the following individual as its Project Manager:

Pedram Gharah, Police Captain | [email protected] E. For purposes of this MOA, the City of Placentia designates the following individual as its Project Manager:

Chris Anderson, Admin. Lieutenant | [email protected] F. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Any Party may change its Project Manager or contact upon written notice to the other party and shall promptly update the other party in writing of any such changes.

VI. TERMINATION:

A. This MOA may be terminated by the Cities at any time without cause if all participating Cities agree to termination. Termination will occur 120 days after written notice is issued to HCOC’s Project Manager. The HCOC shall stop work and not incur any additional expenses upon receipt of or issuance of such notice, except that which is reasonable and necessary to effectuate the termination. The HCOC shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective.

B. Should a City elect to withdraw from the MOA without cause, said City must provide 120 days advanced written notice to remaining Cities and HCOC. Additionally, withdrawing City shall be responsible for agreed upon fees due for remainder of HCOC’s current fiscal year, payable to HCOC prior to effective date of termination.

Withdrawal and termination of City’s participation in the MOA will be effective at the start of the next year of the MOA (fiscal year).

C. Should a City not provide the required funding resources to support the Program, the HCOC reserves the right, in its sole discretion, to withdraw the Program’s services from the City. Said City must provide 120 days advanced written notice for remaining Cities to evaluate whether to terminate the Program or provide additional funding above their contracted allocation percentage to cover the difference.

D. HCOC may terminate this HOA at any time without cause with 120 days’ notice. As of the effective termination date of this termination notice, HCOC will cease all expenditures associated with this Program as defined by this MOA.

VII. INDEMNITY:

A. HCOC agrees to defend, indemnify, and hold free and harmless each City individually, its member agencies, and its respective elected and appointed boards, officials, officers, 6 agents, employees, and volunteers, at HCOC’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against that City, its member agencies, and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of the HCOC in connection with this MOA.

B. Each City individually agrees to defend, indemnify, and hold free and harmless the HCOC and its employees, at that City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the HCOC and its employees arising out of or relating to the acts or omissions of that City in connection with this MOA.

VIII. INSURANCE:

A. Cities and HCOC shall each maintain and keep in full force and effect during the Term of this MOA, insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Cities, HCOC, their agents, representatives, employees, or subcontractors. Cities and HCOC shall provide current evidence of the required insurance in a form acceptable to the Parties and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this MOA.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE

1. Commercial General Liability Insurance. HCOCHCOC shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $2,000,000 each occurrence.

If such insurance contains a general aggregate limit, it shall apply separately to the MOA or shall be twice the required occurrence limit.

2. Business Automobile Liability Insurance. HCOCHCOC shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident.

Such insurance shall include coverage for owned, hired and non-owned automobiles.

3. Workers’ Compensation and Employers’ Liability Insurance. HCOC shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.

4. Professional Liability Insurance. HCOC shall maintain professional liability insurance appropriate to HCOC’s profession with a limit of not less than $2,000,000. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work

5. Sexual Abuse or Molestation (SAM) Liability Insurance: If the work will 7 include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, HCOC shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductible of selfinsured retention must be declared to and approved by all Parties.

D. OTHER INSURANCE PROVISIONS. The required insurance policies shall contain or be endorsed to contain the following provisions:

1. Commercial General Liability. Cities, their elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of HCOC, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which HCOC is conducting ongoing operations for Cities but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to Cities, their officers, employees and volunteers.

2. Commercial General Liability. This insurance shall be primary insurance as respects to Cities, their officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made.

Any insurance or self-insurance maintained by Cities, their officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.

3. Professional Liability. If the professional liability policy is written on a “claims made” form, the retroactive date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non-renewed and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, HCOC must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.

4. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against Cities, their officers, employees and volunteers for work done on behalf of Cities.

5. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to Cities.

6. Special Risks or Circumstances. Cities reserve the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
8 E. ACCEPTABILITY OF INSURERS. All required insurance shall be placed with insurers acceptable to Cities with current BEST’S ratings of no less than A, Class VII.

Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of Cities, insurance provided by nonadmitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if HCOC evidences the requisite need to the sole satisfaction of Cities.

F. VERIFICATION OF COVERAGE. HCOC shall furnish Cities with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions. Additionally, HCOC shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by Cities before work commences. Cities reserve the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

IX. OTHER TERMS AND CONDITIONS:

A. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

B. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.

C. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

D. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.

E. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

F. Standard of Skill. HCOC shall perform all services in the manner and according to the standards currently observed by a competent practitioner of the services in California, 9 and shall at all times, meet or exceed any applicable professional standards of care, workmanship, or conduct. All products of whatsoever nature that HCOC delivers to Cities pursuant to this MOA shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently providing similar services. The acceptance of the services by Cities shall not operate as a release of HCOC from such standards of care, workmanship, or conduct.

G. Independent Contractor. HCOC is and shall at all times remain as to Cities a wholly independent contractor. Neither Cities nor any of its agents shall have control over the conduct of HCOC or any of HCOC's employees or agents, except as herein set forth.

HCOC shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of Cities. HCOC shall have no power to incur any debt, obligation, or liability on behalf of Cities or otherwise act on behalf of Cities as an agent. HCOC shall not have the status of an employee of Cities under this MOA, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for Cities' officers or employees. In the event that HCOC, or any of its employees, agents, or subcontractors providing services under this MOA, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Cities, HCOC shall indemnify, defend, and hold Cities harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of HCOC or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Cities. HCOC represents that it has, or will secure at its own expense, all personnel required to perform the services under this MOA. All of the services to be performed by HCOC or under its direct supervision, and all personnel engaged in the work shall be qualified to perform it. HCOC reserves the right to determine the assignment of its own employees to the performance of the services under this MOA, but Cities reserve the right, for good cause, to require HCOC to exclude any employee from performing services on Cities' premises.

H. Records. HCOC shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the services, as required by Cities or the Cities’ Project Managers. HCOC shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, HCOC shall provide access to such books and records to the Cities, and shall give the Cities, or his or her designees, the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this MOA.

I. Permits and Licenses. HCOC, at its sole expense, shall obtain and maintain during the Term of this MOA all appropriate permits, licenses, and certificates that may be required in connection with performing the services.

J. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
10 K. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

L. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

M. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.

N. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

O. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. 11 In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

FOR THE CITY OF BREA
By: ___________________________
Kristin Griffith
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Terrance Boga
City Attorney

FOR THE HOPE CENTER OF ORANGE
COUNTY
By: ____________________________
George Searcy
Executive Director
Date: __________________________ March 12, 2025
12 In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

FOR THE CITY OF BUENA PARK
By: ___________________________
Aaron France
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
City Attorney

FOR THE HOPE CENTER OF ORANGE
COUNTY
By: ____________________________
George Searcy
Executive Director
Date: __________________________ March 12, 2025
13 In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

FOR THE CITY OF FULLERTON
By: ___________________________
Eric J. Levitt
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Richard D. Jones
City Attorney

FOR THE HOPE CENTER OF ORANGE
COUNTY
By: ____________________________
George Searcy
Executive Director
Date: __________________________ March 12, 2025
14 In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

FOR THE CITY OF PLACENTIA
By: ___________________________
Thomas Hatch
Interim City Administrator
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Christian Bettenhausen
City Attorney

FOR THE HOPE CENTER OF ORANGE
COUNTY
By: ____________________________
George Searcy
Executive Director
Date: __________________________ March 12, 2025
15 EXHIBIT A

HOPE CENTER- OPIOID USE DISORDER AND MEDICATION ASSISTED TREATMENT

PROGRAM BUDGET
Year 1
FY2025-26
Year 2
FY2026-27
Year 3
FY2027-28
1 Clinical Manager
Salary 125,000 128,750 132,613
Benefits 27,500 28,325 29,175
Subtotal 152,500 157,075 161,787
2 Supplies & Program Materials 25,000 25,750 26,523
3 Program Evaluation Consultant 25,000 25,750 26,523
4 Program Training and Education 25,000 25,750 26,523
Subtotal 75,000 77,250 79,568
Grand Total $227,500 $234,325 $241,355
Budget Item Description:

1. Clinical Manager
This position will require an experienced LCSW or LMFT with knowledge of best practices in addressing the needs of persons with opioid use disorders in non-clinical community settings.
• The Program will provide program protocols and standard operations procedures for a mobile street outreach program to utilize with the identified population and will engage personally in providing services personally through the mobile program. • This position will also lead the implementation of a system for tracking outreach efforts, client engagement, and program outcomes.
• Regular evaluation processes will provide for adapting engagement and treatment strategies to meet changing community needs effectively.

2. Supplies and Program Materials
• The program will maintain a stock of naloxone and other harm reduction supplies and ensure that all staff within the HOPE Center operation are trained in the effective and appropriate use. Staff will also be trained in and provided with information about treatment options and response protocols.

3. Program Evaluation Consultant
• External evaluation services will be provided to determine whether the program is conforming to evidence-based practices and program standards and what targeted outcomes are being achieved as a part of the HOPE Center operations model.

4. Program Training and Education
16 • Continuous training on trauma-informed care, overdose prevention, and the use of naloxone (an opioid overdose reversal drug) is crucial. All HOPE Center staff will receive training on cultural competence and the specific needs of the populations they serve.

Agreement No. 2025.03.03.154
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated Tuesday, March 18, 2025 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Project Youth OC a Consultant ("Consultant").

RECITALS
A. City desires to retain Consultant as an independent contractor to provide the following Professional Services: Expansion of Project Youth OC's Shortstop and Stop Short of Addiction programs into the Brea Olinda Unified School District on behalf of the City of Brea.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Consultant shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Exhibit A.

B. In no event shall the total amount paid for the Services exceed the all-inclusive annual sum of $ 84,220.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services. Consultant shall be deemed to have made all inquiries and site inspections deemed necessary by Consultant prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Consultant’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Consultant shall invoice City on a monthly basis.

3. Additional Work.
1 4. Term.

A. The term of this Agreement shall commence Tuesday, July 1, 2025 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on: Friday, June 30, 2028
City may extend the term of this Agreement by giving written notice to Contractor within 30 days prior to the then-scheduled expiration date which will be in the sole discretion of the: City Manager, or designee.

5. Time of Performance.

A. Consultant shall commence the Services on the above Effective Date, timely complete all performance milestones, if any, and shall complete the Services within the term of this agreement.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Consultant’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Consultant and made available for review by City at all reasonable times during the term of this Agreement and for five(5) years from the date of final payment by City. Consultant is to provide monthly program reports to the City of Brea.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions in southern California. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

A. Consultant shall comply with all applicable laws including Cal/OSHA requirements.

B. Consultant shall obtain a City of Brea business license. 2 C. Consultant shall comply with all applicable provisions included in the attached Special Provisions Section.

9. Assignment and Subcontracting.

A. Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Consultant’s utilization of subcontractors identified in Consultant’s proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement otherwise applicable to the Consultant.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Consultant. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City.

B. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform the Services. Consultant shall perform the Services at the Brea Civic Center and its nearby convenient locations suitable for participant accessibility. City may make space available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with the Services Consultant shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits. 3 11. CalPERS Compliance.

The parties acknowledge that City is a local agency member of CalPERS, and as such has certain pension reporting and contribution obligations to CalPERS on behalf of qualifying employees.

Consultant agrees that, in providing its employees and any other personnel to City to perform the Services, Consultant shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of CalPERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in CalPERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City’s Risk Manager Consultant shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Consultant shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Consultant's Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 4 and 20 37 10 01, or endorsement forms providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a selfinsured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds B. Automobile Liability
i. Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent Consultant in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability
i. Consultant certifies that Consultant is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Consultant shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Consultant shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Consultant in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Consultant shall 5 maintain cyber liability insurance providing protection against claims and liabilities arising from:
i. Errors and omissions in connection with maintaining security of City Data (as defined below); ii. Data breach including theft, destruction, and/or unauthorized use of City Data; iii. Identity theft including bank charges assessed; and iv. Violation of privacy rights due to a breach of City Data.

F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
a. Commercial General Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability
$2,000,000 per occurrence (any auto) for bodily injury and property damage c. Worker's Compensation and Employers Liability
In the amount required by California law for Workers’ Compensation Limit. $1,000,000 per occurrence for Employer's Liability
d. Professional Liability
$2,000,000 per claim and aggregate (errors and omissions) e. Cyber Liability
Cyber Liability Insurance is not required for this Agreement. ii. Defense costs shall be payable in addition to the limits. iii. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

G. Proof of Insurance
6 Within five days of execution of this Agreement, but prior to commencement of the Services, Consultant shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required original endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. The required policies of insurance shall require that the City be provided at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that the policies shall provide at least 10 days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the required endorsement(s) to City at least 10 days prior to the effective date of cancellation or expiration. ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials (“City Parties”), or shall specifically require Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City Parties, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverage, nor shall it limit Consultant’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.

I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including the provisions concerning indemnification. 7 ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Consultant to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.

J. Subcontractor Insurance Requirements
Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors.

13. Indemnification.

A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its elected and appointed officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, liens, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, disclosure, use, and/or theft of electronic data (collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, subcontractors, contractors or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees.

Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active 8 negligence of any of the Indemnitees.

B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

14. Laws and Venue.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of the County of Orange, or in the U.S. District Court, Central District,, State of California. Consultant must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.

15. Termination.

A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ prior, written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product (as defined below) and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.

B. Consultant may terminate this Agreement only for cause and by serving written notice of termination to City, provided Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

16. Ownership of Work Product.

A. All draft and final reports, documents, and other written material, and any and all images, reports, writings, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in 9 the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16. "Work Product" shall not include intellectual property, or any thing or idea protected by intellectual property rights, lawfully owned or possessed by [contractor] prior to the effective date of this Agreement.

B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.

C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor 's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement; or (c) provide the City with a full and complete refund of all sums paid under this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

18. Party Representatives.

City hereby designates Kristin Griffith, or such person’s designee, as the City Representative for this Agreement.

Consultant hereby designates Laura Marcum, or such person’s designee, as Consultant’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
10 19. Notices.

Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.

City Consultant
City of Brea Project Youth OC
1 Civic Center Circle 1605 E. 17th street
Brea, CA 92821 Santa Ana, CA 92705
United States USA
Tiara Solorzano Manuel Gutierrez
[email protected] [email protected]
(714) 990-7215 (714) 480-1925 ext.114

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant.

21. Conflicts of Interest.

A. Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Consultant has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist City in affirming compliance with this Section.

C. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any 11 present or anticipated material benefit arising therefrom.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Consultant's.

City reserves its right to employ other Consultant's to provide the Services or similar services.

27. Exhibits.

The attached Exhibit A is incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern.

28. Entire Agreement.

This Agreement represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated agreement.
[SIGNATURES ON FOLLOWING PAGE]
12 TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.

Project Youth OC
By:_____________________________ By:_____________________________ Laura Marcum
Executive Director
[email protected]
Date Signed:_______________ Date Signed:________________ [Corporation: pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line. Limited liability company: Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea
By:____________________________
Kristin Griffith
City Manager
[email protected]
Date Signed:_______________
Attest (if over $50,000)
By:____________________________
Lillian Harris-Neal
City Clerk
[email protected]
Date Signed:_________________
13 3/6/25

SPECIAL PROVISIONS
No Special Provisions required for this Agreement.
14 EXHIBIT A

SCOPE OF SERVICES AND FEE SCHEDULE
(Consultant's proposal attached)
15 Funding Proposal
Submitted to the City of Brea
Funding Source:

National Opioid Settlement Funds
High Impact Abatement Activity (HIAA):

High Impact Abatement Activity 5: Interventions to prevent drug addiction in vulnerable youth.

Program Names:

Shortstop and Stop Short of Addiction
Requesting Agency:

Project Youth OC (PYOC)
Contact Name:

Manuel Gutierrez, Director of Program Strategy
Request: PYOC respectfully requests funding from the City of Brea for $225,000 + $27,650 for the renting of City of Brea facilities, with a total cost of $252,650 over a three-year grant term to support the expansion of our Shortstop and Stop Short of Addiction programs into the Brea community. Each year, 100 youth and 150 parents/caregivers residing in the City of Brea, or surrounding North Orange County cities, will be served. A total of 750 unduplicated clients will be served during the three-year funding period.

Shortstop and Stop Short of Addiction work to reach at-risk youth early to prevent youth delinquency and substance use from escalating into chronic criminal behavior and drug addiction. These evidence-based services address critical issues affecting Brea youth, including truancy, vaping and other substance use, delinquency, and mental health challenges. We are committed to offering culturally competent services that reflect the demographics of the Brea community and that are tailored specifically to the needs of its at-risk youth. Our whole-person, customized approach ensures that Brea youth and families receive the support and local resources they need to navigate obstacles and thrive.

While our diversion services have been primarily focused on Santa Ana and neighboring cities, we have seen success in expanding to the Newport/Mesa area through our collaboration with Hoag Hospital. Building on this success, PYOC is eager to offer our diversion services directly in Brea, adapting our approach to meet the unique needs of local youth and families. Our goal is to position Brea as a central hub for diversion and substance abuse interventions and as a leader for innovation within the North Orange County community.

The requested funding of $75,000 + $9,216 for the City of Brea facilities per year over the grant term will allow us to maintain our current staffing to expand our Shortstop and Stop Short of Addiction services and establish a strong presence in Brea. This expansion will include offering 1 program sessions at the North Justice Center, as well as conducting intake assessments at the Brea Civic and Cultural Center as needed. Funding will cover key program costs, including but not limited to staff salary, training, and program-related expenses such as fees for using the North Justice Center, additional instructor fees, materials, staff travel, and incentives.

Our department manager will collaborate with the city services team, local law enforcement, schools, and social service agencies to ensure our diversion programs are tailored to meet the needs of Brea residents. Through these concentrated efforts, we aim to ensure that services are easily accessible, timely, and well-integrated with other resources within the Brea community.

This partnership represents an exciting opportunity to contribute to Brea’s goals of enhancing community safety and promoting long-term well-being for its youth. We look forward to collaborating with the City of Brea to create a positive, lasting impact, helping young residents reach their full potential.

Proposal Details:

A. Organizational Background
At PYOC, our mission is a human-centered, whole-family approach to ending cycles of crime and poverty by developing youth resilience and empowerment.

Our vision is a safer, healthier community for all.

Established in 1969 as the philanthropic arm of the Orange County Bar Association, PYOC became an independent nonprofit in 1981, growing its impact over the years. With a strong foundation in the local legal community and a robust governing board, PYOC has been a steady force for positive change for 55 years. During this time, it has become a trusted provider of youth diversion, behavioral health, and substance abuse services.

Our programs are a lifeline to Orange County youth and family that are marginalized and disconnected. We focus on supporting populations that are often overlooked, particularly the working poor, families of color, and high-risk youth, offering solutions that help break cycles of crime and poverty. For many of the youth we serve, this involves giving them a second chance to get back on the right path.

Our whole-family system of care addresses the root causes of justice involvement, substance abuse, and behavioral health challenges resulting in long-term transformation. We are not only mitigating future negative behaviors but also creating pathways for youth that lead to employment and higher education, changing the trajectory of their lives.

Program Services
PYOC offers a comprehensive suite of programs designed to address the critical needs of at-risk youth and their families, filling crucial gaps in local services. We serve over 1,500 at-risk youth, ages 10-24, and their family members each year. At the heart of our agency is a service model that prioritizes tailored, culturally, linguistically, and age-appropriate programs for our target population. This ensures our services are not only relevant and accessible but also effective in meeting the unique needs of the diverse communities we serve. The ripple effect of 2 our services empowers not only our youth clients, but also their families and entire communities, contributing to long-term, positive change. PYOC programs include:

Youth Diversion and Restorative Justice
● Shortstop’s evidence-based services offer juvenile crime diversion services for at-risk Orange County youth, ages 10-18, and their family members. ● Based on our successful Shortstop model, Stop Short of Addiction provides substance abuse intervention and diversion services for at-risk youth, ages 10-18, and their family members.

College and Career Access
● Project Self offers tailored support for at-risk, transition-age youth (ages 16-24) through an intensive case management model designed to help them overcome challenges and barriers. The program links youth to essential resources, career exploration opportunities, workshops, and summer internships, all aimed at helping them develop the skills necessary to achieve their educational and career goals, whether it be through college, military service, or vocational training.

Parent and Family Enrichment (new)
● Our new parent and family enrichment services are aimed at empowering parents of youth involved in PYOC programs. They connect parents to essential resources, support them through the court system, and offer workshops to enable self-sufficiency.

B. Need for Services
Childhood memories shouldn’t include handcuffs and holding cells. And yet that is the reality for upwards of 53,000 youth in the United States on any given day. Moreover, 66% of these youth are held in the most restrictive facilities and 10% in adult facilities.

The brain isn’t fully developed until age 25 when it comes to impulse control and judgment, yet one encounter with the law could destroy a youth’s childhood and future forever. It is critical that delinquency is addressed early and effectively, because studies show that 75% of detained youth reoffend within three years and 40% end up in prison by the age of 25.

Substance abuse poses another threat to the health and safety of our youth, as 62% of 11th graders in Orange County currently report alcohol and/or drug use. In the Brea-Olinda School District, 33% of 11th graders in non-traditional/continuation schools report vaping. Compounding the problem, substance use increases the likelihood that youth will come in contact with the juvenile justice system.
3 “I’ve never seen a gang member who wasn’t truant first.” --Former California District Attorney Kim Menninger
At the forefront is truancy, widely considered one of the most powerful predictors of delinquency, substance abuse, gang activity, and teen pregnancy. It’s a problem that the Office of Juvenile Justice and Delinquency Prevention has labeled a national priority, and it’s on the rise in Orange County. Within the Brea-Olinda School District the percentage of students that are truant sits at 19%, but among youth in non-traditional/continuation schools the percentage climbs to 44%.

Moreover, 15% of low-income high school students and 14% of Latino students are chronically absent.

When combined, this data underscores the need for early intervention and a more supportive, rehabilitative approach to addressing the underlying causes of youth delinquency. Education and family support are essential to breaking the cycle of delinquency and substance abuse, providing youth with opportunities to succeed rather than fall further into the justice system.

C. Program Description
Target Population
Over the three-year grant period, 100 youth and 150 parents/caregivers residing in the City of Brea, or surrounding North Orange County cities, will be served each year through our Shortstop and Stop Short of Addiction programs, for a total of 750 unduplicated clients.

Shortstop and Stop Short of Addiction serve at-risk youth, ages 10-18, and their families. Youth are typically referred for drug use, possession of alcohol and/or drugs, petty theft, burglary, assault and battery, truancy, possession of weapons, vandalism, and behavioral struggles.

Parent/caregiver participation is a key contributor to our sustainable, long-term impact by creating a supportive network that extends beyond the duration of our programs. Project Youth OC will collaborate closely with law enforcement, schools, and community agencies within the City of Brea to refer youth and families to these services. Special focus will be placed on developing referral relationships with non-traditional/continuation schools in Brea, ensuring that the most vulnerable at-risk youth have access to the resources they need.

Program Services
Shortstop and Stop Short of Addiction are offered at no cost. New sessions start each month and are offered in both English and Spanish. Services include:
● Comprehensive Intake Assessment (2 hours): Intakes will be conducted at the PYOC office or Brea Civic and Cultural Center, depending on clients’ needs. The intake assessment gathers critical information about the youth’s drug history, family dynamics, emotional stability, at-risk behaviors, and school functioning. Trauma-informed screening is used to support recovery, resilience, and youth success. Youth and parents are 4 provided an individualized service plan that includes referrals to other PYOC programs and linkages to partners within the Brea community.
● Program Sessions: Each program has three, 3-hour sessions. The first program session will be held at the North Justice Center. The second and third sessions will be held at the PYOC office or Brea Civic and Cultural Center, as availability allows.

Shortstop and Stop Short of Addiction are not scared straight programs, but instead focus on restorative justice, legal education, and personal accountability. Program sessions utilize cognitive behavior therapy (CBT) approaches, which have proven to be 79% effective in reducing juvenile crime through a meta-analysis conducted by the National Institute of Justice (2016). This is where the developing youth brain works in our favor. Shortstop and Stop Short of Addiction work to reshape thoughts and behaviors, maximizing the program’s efficacy and helping our kids to be kids, and not kids behind bars.

Sessions integrate a variety of activities aimed at fostering positive change in youth participants. These activities include a booking process, trial simulations, and educational presentations by experts such as the Orange County Sheriff’s Coroner, who discusses the biological and psychological impacts of drug abuse. A panel of incarcerated teens in recovery also serves as reliable messengers, sharing a peer's point of view of their own experiences, substance use struggles, and the series of choices that led them to incarceration. The core of both programs centers around discussion groups and family-strengthening exercises, targeting key protective factors that help reduce the likelihood of future involvement in risky behaviors. These protective factors include enhancing skills such as conflict resolution, communication, peer refusal, problem-solving, and self-control. By adopting a restorative justice framework and incorporating evidence-based cognitive behavioral therapy, these programs emphasize personal responsibility, impulse control, and social skills development. Services also aim to improve school connectedness, encourage participation in pro-social activities, foster personal responsibility, and strengthen parental monitoring. ● Mandatory Assignments: A critical part of Shortstop and Stop Short of Addiction is what happens at home.

Reading decision making and legal/drug education materials Writing essays (i.e., how drug use has impacted their lives) Researching and summarizing news articles on crime in the city of Brea Goal-setting assignments
Family communications exercises
Attending two AA or NA meetings (Stop Short of Addiction youth) Court navigation assistance
● Exit Plan and Linkages to Addiction Care: An individualized exit plan is developed for each youth participating in Shortstop and Stop Short of Addiction, ensuring they have a clear path forward after completing the program. This plan includes connections to 5 partner agencies within the City of Brea that offer additional behavioral health services (list of community providers to be given by the City of Brea.) Youth and their families may be referred to our Project Self program, which supports at-risk, transition-age youth by providing the resources, skill-building, and individualized support necessary to achieve educational and career goals through college, military service, or vocational training.

Additionally, parents and caretakers may be referred to our family and parent enrichment services which offer resource connections to housing assistance, food security, healthcare, and financial support. Parenting skills and financial independence training is also available.
● Case Management: As needed, clients may receive up to 12 weeks of intensive case management, where they receive personalized support and linkages to resources that promote emotional health and well-being. Case management is delivered using a high-touch, trauma-informed approach, adapted from the evidence-based Adolescent Community Reinforcement Approach (A-CRA) model. Case managers work closely with youth to help them develop essential skills such as problem-solving, anger management, employment readiness, drug/alcohol refusal, and effective communication. They also support parents in developing parenting skills.

D. Stakeholders
Strong relationships with our stakeholders are a lynchpin of our work. We prioritize building transformational relationships with our board members, advisory board, clients, donors (individual and corporate), foundations, volunteers, employees, media, and our partner agencies. Many of these partnerships have been in place for over 40 years, demonstrating the trust and collaboration that have shaped our organization's success.

In alignment with the SAMHSA document “Changing the Conversation,” Project Youth OC has fostered long-term partnerships among youth diversion and behavioral health service providers in Orange County. These partnerships help address service gaps, extend the system of care for at-risk youth, and promote effective collaboration among service providers.

Since 2011, Project Youth OC has played a leading role in supporting the Orange County Probation Department as part of the Annie E. Casey Foundation's Juvenile Detention Alternative Initiative (JDAI). Our involvement includes participation in the Executive Steering and Alternative to Detention (ATD) work group alongside other community organizations and juvenile justice officials. We are also an active member of the Orange County Probation Department's Juvenile Hall Self-Assessment Team.

More recently, we have collaborated with the Orange County Reentry Partnership (OCREP) to establish a sub-committee focused on juvenile youth re-entry. Project Youth OC has co-chaired this sub-committee since 2017, working to support youth transitioning from detention back into their communities. Additionally, for the past 15 years, we have attended Orange County Juvenile Justice Commission meetings, advocating for youth involved in the juvenile justice system and supporting efforts related to advocacy and regulatory functions. These longstanding 6 partnerships demonstrate our commitment to collaboration and our dedication to improving outcomes for at-risk youth in Orange County.

E. Projected Outcomes
Objective/Outcome #1
● Objective: 100 youth per year will receive 11-23 hours of intensive legal education by participating in Shortstop or Stop Short of Addiction.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 70% of participating youth and 60% of participating parents will demonstrate increased legal knowledge, as measured by pre/post- tests.

Objective/Outcome #2
● Objective: 100 youth per year will receive 11-23 hours of diversion services by participating in Shortstop or Stop Short of Addiction.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 90% of participating youth will not recidivate within six months of completing the program, as measured by six-month follow-up surveys.

Objective/Outcome #3
● Objective: 100 youth per year will receive 11-23 hours of diversion services by participating in Shortstop or Stop Short of Addiction.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 70% of participating youth will report increased peer refusal skills, as measured by pre- and six-month follow-up surveys.

Objective/Outcome #4
7 ● Objective: 100 youth per year will receive 11-23 hours of diversion services by participating in Shortstop or Stop Short of Addiction.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 60% of participating youth will report increased school connectedness, as measured by pre- and six-month follow-up surveys.

Objective/Outcome #5
● Objective: 100 youth per year will receive 11-23 hours of diversion services by participating in Shortstop or Stop Short of Addiction.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 60% of participating youth will report increased participation in prosocial activities, as measured by pre- and six-month follow-up surveys.

Objective/Outcome #6
● Objective: 50 youth participating in Stop Short of Addiction each year will receive 13-25 hours of substance abuse intervention services.

Objective/Outcome #7
● Objective: 50 youth participating in Stop Short of Addiction each year will receive 13-25 hours of substance abuse prevention education.

Intake assessment (2 hours)
Program sessions (9 hours)
Individualized exit plan
Attending two AA or NA meetings (2 hours)
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 70% of participating youth will report increased knowledge of the impact of drugs and addiction, as measured by pre/post-tests. 8 Objective/Outcome #8
● Objective: 150 family members of youth participating in Shortstop or Stop Short of Addiction each year will receive 11 - 23 hours of family strengthening services.

Intake assessment (2 hours)
Program sessions (9 hours)
Up to twelve 1-hour case management sessions, as needed ● Measurable Outcome: 70% of participating parents will report strengthened family relationships, as measured by six-month follow-up surveys.

F. Evaluation Plan
Outcome evaluation data sources will include:
● Referral report forms collect data on services partner organizations provided to parents/caregivers and family members during the grant period. ● Self-report surveys assess outcomes for youth and parents/caregivers. Surveys will be administered using a single-assessment retrospective pre-post design at program exit.

Additional follow-up surveys will be administered via email 6-month post completion. ● Participation reports gather information on client involvement in direct services. Staff will document the number and types of activities attended.

Surveys are developed in-house by our evaluation consultant. They pull from various substance abuse, family functioning, and legal education assessment tools. Youth surveys measure increases in both drug and legal education; improvements in family functioning; decreased use of marijuana, alcohol, other drugs; and any further contact with the juvenile justice system.

Caregiver surveys measure increases in both drug and legal education, including parents’ legal rights and responsibilities; increased parental monitoring; increased confidence in parenting skills; increased parent engagement; improvements in family functioning; increased self-sufficiency skills; and increased awareness of community agencies offering additional behavioral health services.
9 Project Youth OC 3/5/2025
Organization:

Contact Information:

Address:

Name of Program(s):

Budget Period: 7/1/2025-6/30/2028
Total Direct Costs: $198,763.25
Approved Indirect Rate: 13.2%
Total Indirect Costs: $26,236.75
Total Facilities Costs: $27,650.00
Total Costs: $252,650.00
Title Monthly Salary FTE #of Months Total Amount Requested (For Life of the Grant)
Department Manager $6,041.67 .15 36 $32,625.00
Associate Manager $5,833.33 .15 36 $31,499.98
Case Manager II $4,680.00 .15 36 $25,272.00
Case Manager II $4,853.33 .15 36 $26,207.98
Case Manager I $3,986.67 .15 36 $21,528.00
Total Salary Costs: $137,132.97
Benefits Benefits Percentage: 25% Total
Benefits: $34,283.24
Total Staffing Cost: $171,416.21
Expenditure Categories
Program materials
Supplies
IT
Instructors
Training costs
Travel (If applicable)
Administrative Costs

TOTAL OPERATING COSTS
TOTAL DIRECT COSTS:

CITY OF BREA GRANT BUDGET
Orange County Bar Foundation, Inc. DBA: Project Youth OC Manuel Gutierrez; [email protected]; 714-480-1925 x114
1605 E 17th Street, Santa Ana, CA 92705
SHORTSTOP; STOP SHORT of Addiction

BUDGET SUMMARY

GRANT BUDGET INFORMATION

SALARIES AND BENEFITS

OPERATING COSTS
Please provide a detail description of the cost associated with each category Total Amount Requested (For Life of the Grant)
Program materials, including food $5,647.04
General office supplies and computer purchase for program staff; wireless projectors for presentations $2,500.00 Computer maintenance costs for program staff; case management software for program staff $0.00 Instructors to provide training to youth participants $15,000.00 Training costs for staff (trauma informed interviewing skills; presentation skills; substance abuse issues) $0.00 Reimbursement of local travel at IRS reimbursement rate $1,200.00 Fee for after hours use of Superior Court courtrooms $3,000.00 $27,347.04
$198,763.25
1605 E 17th Street, Santa Ana, CA 92705
City of Brea
City Council Regular Meeting Communication
D. Adopt a Resolution Authorizing Persons Holding Certain Designated Positions to Execute the Urban Area Security Initiative Grant Documents for and on behalf of the City of Brea Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4D.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION

1. Adopt a resolution authorizing the Police Chief or his designee to execute Urban Area Security Initiative (UASI) grant documents for and on behalf of the City of Brea;

2. Authorize the City Manager, Police Chief or designated persons within the Brea Police Department to oversee and administer the projects associated with the Anaheim/Santa Ana UASI training and funding on behalf of the City;

3. Approve an agreement with the City of Santa Ana for transfer or purchase of equipment/services or reimbursement of training costs;

4. Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 5) Authorize the Police Chief to execute the agreement.

BACKGROUND/DISCUSSION
The U.S. Department of Homeland Security, through the State of California Emergency Management Agency, has authorized the City of Santa Ana to allocated funds from the County. The Anaheim/Santa Ana Urban Area (ASAUA) oversees and distributes these funds, with the majority of the funds going to Emergency Operations Training, including Community Emergency Response Teams (CERT), various communications enhancements, and some equipment requests. The Brea Police Department is a sub-recipient of this grant.

At this time, the police department does not expect any funding from this program. However, the proposed resolution and agreement would allow the City to accept those funds, should they become available, and allow specified personnel, the City Manager, Police Chief, and Operations or Support Services Division Commander (Police Captain), to manage and/or execute any necessary documents related to the grant on behalf of the City. If funds do become available, those monies would likely be used to reimburse the City for overtime expended in UASIsanctioned training.

FISCAL IMPACT/SUMMARY
There is no fiscal impact to the City of Brea.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Adam Hawley, Police Chief
Attachments
CITY OF BREA AGREEMENT.pdf
UASI Resolution_March 18, 2025.pdf

AGREEMENT
SUB-RECIPIENT: CITY OF BREA
City Contract Number

TABLE OF CONTENTS
Section Description Page
I

INTRODUCTION
§101. Parties to the Agreement 6
§102. Representatives of the Parties and Service of Notices 6 §103. Independent Party 7
§104. Conditions Precedent to Execution of this Agreement 7 II

TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 8
§202. Use of Grant Funds 8
III

PAYMENT
§301. Payment of Grant Funds and Method of Payment 11
IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein 12
§402. Applicable Law, Interpretation and Enforcement 12 §403. Integrated Agreement 12
§404. Excusable Delays 12
§405. Breach 13
§406. Prohibition Against Assignment or Delegation 13
§407. Permits 13
§408. Bonds 13

TABLE OF CONTENTS
Section Description Page
§409. Indemnification 13
§410. Conflict of Interest 13
§411. Restriction on Disclosures 15
§412. Statutes and Regulations Applicable to All Grant Contracts 15 §413. Federal, State, and Local Taxes 27
§414. Inventions, Patents and Copyrights 27
§415. MBE/WBE 29
V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 30
§502. Amendments 30
V

ENTIRE AGREEMENT
§601. Complete Agreement 31
§602. Number of Pages and Attachments 31
Execution (Signature) Page 32

EXHIBITS
Exhibit A CalOES FY2023 Grant Assurances
Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility Matters
Exhibit C Certification Regarding Lobbying
5 Agreement Number:

AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR

FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY2023 URBAN AREAS SECURITY INITIATIVE (UASI)

BETWEEN

THE CITY OF SANTA ANA

AND CITY OF BREA
THIS AGREEMENT is made and entered into this _ day of , 2024, by and between the CITY OF SANTA ANA, a municipal corporation (the “CITY”), and CITY OF BREA, a municipal corporation (the “SUB-RECIPIENT” or “Contractor”).

W I T N E S S E T H
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2023 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled “FY 2023 Urban Areas Security Initiative” from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA), through the State of California Governor’s Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the “grant”), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at:

U.S. Department of Homeland Security “Fiscal Year 2023 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)”
https://www.fema.gov/print/pdf/node/652405
California Office of Emergency Services “FY2023 Homeland Security Grant Program:

California Supplement to Federal Program Guidance” https://www.caloes.ca.gov/wpcontent/uploads/Grants/Documents/FY2023-HSGP-State-Supplement.pdf Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office.

WHEREAS, this financial assistance is administered by the CITY OF SANTA ANA (“CITY”) and is overseen by the California Governor’s Office of Emergency Services (“CalOES”); and
WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area (“ASAUA”) consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, 6 University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management (“OGM”) awarded a FY2023 UASI Grant of $5,113,750 (“Grant Funds”) to the CITY OF SANTA ANA, as a Core City, for use in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and the Santa Ana Police Department, Emergency Management Director (“UASI Grant Office”) to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2023 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement (“Agreement”) to CITY OF BREA (“SUB-RECIPIENT”) and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
7 I. INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:

A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA 92702; and
B. CITY OF BREA, a municipal corporation, having its principal office at One Civic Center Circle, Brea, CA 92821.
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:

1. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement:

Jose Gonzalez, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 245-8009
[email protected]

2. The representative of CITY OF BREA shall be:

Name:_
Title: _
Sub Recipient Name:

Sub Recipient Address: _
City_ State: Zip:_
Phone:

E-mail:

B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. 8 C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUBRECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB-RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA.
§104. Conditions Precedent to Execution of This Agreement SUB-RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless otherwise exempted.

A. Standard Assurances (Grant Assurances) in accordance with section 412A of this Agreement attached hereto as Exhibit A and made part hereof.

B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof.

C. Certifications and Disclosures Regarding Lobbying in accordance with Section 412C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-RECIPIENT. 9 I. TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 9/1/2023 and end on 3/31/2026 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT’S purchasing and bidding procedures. SUBRECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY.

If additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided.

B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.

C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2023 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”
D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.gov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds.

Any equipment acquired or obtained with Grant Funds:

1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, 10 and law enforcement agencies within the jurisdiction of the applicant;

2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans;

3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;

4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, “Equipment” is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more.

5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency.

7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i) use and condition of Equipment, and (j) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313.

8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible.

9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. 11 Inventory shall also be taken prior to any UASI, State or Federal monitor visits.

10. SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment.

11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements.

12. SUB-RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken.

E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above. All training expenses must be pre-authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.gov/.

F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.

Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/emergency-managers/nationalpreparedness/exercises/hseep.

G. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.

H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.
12 III. PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT’S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above.

B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB-RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Santa Ana UASI Grant Office. For equipment for which SUB-RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUBRECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted invoices.

C. Payment of final invoice shall be withheld by the CITY until the SUBRECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement.

D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein.

E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB-RECIPIENT of a loss or reduction of federal grant funds.
13 IV. STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY.

If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.

Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.
14 §405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation
SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits
SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents. §408. Bonds
SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. SUB-RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement.
§409. Indemnification
To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, and hold harmless the City of Santa Ana, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB-RECIPIENT’S acts, errors or omissions in the performance of SUB-RECIPIENT’S services or use of grant funds under the terms of this Agreement.
§410. Conflict of Interest
A. SUB-RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a 15 director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D. The SUB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor.

E. Prior to obtaining the CITY’S approval of any subcontract, the SUBRECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
16 F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest.

G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The SUB-RECIPIENT covenants that no member, officer or employee of SUBRECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The SUB-RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT" and "sub subcontractor" for "Subcontractor".
§411. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.).
§412. Statutes and Regulations Applicable To All Grant Contracts A. Compliance with Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent (“Grant Assurances”), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB-RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB-RECIPIENT used in violation of these Grant Assurances. SUB-RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB- RECIPIENT used in violation of the Grant Assurances.

B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB-RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB-RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:

1. Office of Management and Budget (OMB) Circulars
17 SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards).

2. Single Audit Act
If Federal funds are used in the performance of this Agreement, SUBRECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2023 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 “Homeland Security Grant Program”; Grant Identification Number 2023- 0042; and identify the City of Santa Ana as the Pass-Through.

3. False Claims Act
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

4. Records Maintenance
Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement.

Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records.

Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY.

The Contractor agrees to provide SUB-RECIPIENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized 18 representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the SUB-RECIPIENT and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

5. Subcontracts and Procurement
SUB-RECIPIENT shall comply with the federal and SUB- RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

SUB-RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB-RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
a. Recovered Materials
SUB-RECIPIENT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. b. Domestic Preference for Procurements/ Required Use of American Iron, Steel, Manufactured Products, and Construction Materials SUB-RECIPIENT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:
19 Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

6. Civil Rights
SUB-RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of 20 the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

7. Equal Employment Opportunity
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: “During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation 21 of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other

8. Davis-Bacon Act
If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.

9. Copeland “Anti-Kickback” Act.

Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.
22 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

10. Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages CITY OF BREA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
23 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

11. Environmental Standards
a. Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The contractor agrees to report each violation to the SUB-RECIPIENT and understands and agrees that the SUB-RECIPIENT will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
b. Federal Water Pollution Control Act (33 USC 1251)
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

The contractor agrees to report each violation to the SUB-RECIPIENT and understands and agrees that the SUB-RECIPIENT will, in turn, report each violation as required to assure notification to the City of Santa Ana, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

12. Telecommunications
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the 24 meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 25 (2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or
services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
26 C. Statutes and Regulations Applicable To This Particular Grant SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:

1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2020 Homeland Security Grant Program –Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448.

Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants).

2. Travel Expenses
SUB-RECIPIENT as provided herein may be compensated for SUBRECIPIENT’S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in-State and out-of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office.

SUB-RECIPIENT’S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT’S travel policies and procedures. If SUB-RECIPIENT does not have established travel policies and procedures, 27 SUB-RECIPIENT‘S reimbursement rates shall not exceed the amounts established under 5 U.S.C 5701-11, (“Travel and Subsistence Expenses; Mileage Allowances”), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)).

3. Debarment and Suspension
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.

Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by SUBRECIPIENT . If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to CITY OF BREA, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

4. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

5. Noncompliance
SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB-RECIPIENT to CITY of any unlawful expenditures. 28 §413. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee.
§414. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB-RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub.

L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.

B. Rights to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (“Material”) is developed under this Agreement, the author or the CITY, at the CITY’S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed 29 under this Agreement or any Copyright purchased under this Agreement.

3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy.

4. License and Delivery of Works Subject to Copyright and Data Rights. The Contractor grants to the CITY OF BREA a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the CITY OF BREA or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the CITY OF BREA data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the CITY OF BREA.

D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C.

Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.

F. No Obligation by Federal Government
The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
§415. Minority, Women, And Other Business Enterprise Outreach Program 30 It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors.
31 V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to be performed by SUB-RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUBRECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.

SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement.
32 VI

ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty-two (32) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties.
33 IN WITNESS WHEREOF, the City and CITY OF BREA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.

ATTEST:

By:______________________________
JENNIFER L. HALL
City Clerk
ATTEST:

THERESA BASS
City Clerk
RECOMMENDED FOR APPROVAL:

By:______________________________

ROBERT RODRIGUEZ
Acting Chief of Police

SUB-RECIPIENT

CITY OF BREA
UEI #PU9SHMKA84D6
By: ______________________________
Printed Name ______________________
Title ______________________________
APPROVED AS TO FORM:

By:______________________________

TAMARA BOGOSIAN
Senior Assistant City Attorney

APPROVED AS TO FORM
By:______________________________
Printed Name ______________________
Title ______________________________

CITY OF SANTA ANA
By:_________________________________

ALVARO NUNEZ
City Manager
Exhibit A - Page 1 of 12 Initials

EXHIBIT A
California Governor’s Office of Emergency Services
FY2023 Grant Assurances
(All HSGP Applicants)
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or Exhibit A - Page 2 of 12 Initials
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to Exhibit A - Page 3 of 12 Initials
support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits Exhibit A - Page 4 of 12 Initials
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

Exhibit A - Page 5 of 12 Initials

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Exhibit A - Page 6 of 12 Initials
Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Exhibit A - Page 7 of 12 Initials
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved Exhibit A - Page 8 of 12 Initials
plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 Exhibit A - Page 9 of 12 Initials
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must Exhibit A - Page 10 of 12 Initials
comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.

Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Exhibit A - Page 11 of 12 Initials

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless a waiver is requested and approved.

40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074.

The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the Exhibit A - Page 12 of 12 Initials
representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

Exhibit B - Page 1 of 2

EXHIBIT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

Address:

Authorized Agent Signature
Printed or Typed Name
Title
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement.

Exhibit B - Page 2 of 2

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Exhibit C - Page 1 of 1

EXHIBIT C

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

AGREEMENT NUMBER:

CONTRACTOR/BORROWER/AGENCY

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE
November 19, 2024
RESO. 2024-XX
1 RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA,

CALIFORNIA AUTHORIZING PERSONS HOLDING CERTAIN DESIGNATED

POSITIONS TO EXECUTE URBAN AREA SECURITY INITIATIVE GRANT

DOCUMENTS FOR AND ON BEHALF OF THE CITY OF BREA
A. RECITALS:
(i) WHEREAS, The City of Brea (the “City”) regularly accesses funding and training assistance funded by grants established by the Department of Homeland Security (hereinafter collectively referred to as “Eligible Grants”) from the Federal Department of Homeland Security and administered by the Anaheim/Santa Ana Urban Area Security Initiative (ASAUASI); and (ii) WHEREAS, part of such applications for Eligible Grants, the Anaheim/Santa Ana Urban Areas Security Initiative requires the City to maintain a Resolution with authorization from the City Council, authorizing persons holding specific positions to act on behalf of the City, and designates and/or affirms that the City official executing the grant agreement is authorized to do so.

B. RESOLUTION:

NOW, THEREFORE, be it found, determined and resolved, by the City Council of the City of Brea as follows:
1) The following City officials are the City’s agents for purposes of applying and obtaining Eligible Grants, executing grant agreements and other required documents, and taking any actions necessary to implement such grant agreements and other required documents: City Manager, Chief of Police or designated persons within the Brea Police Department.

November 19, 2024
RESO. 2024-XX
2 APPROVED AND ADOPTED by the Council of the City of Brea, California, this 18 th day
of March 2025.
____________________________________
Blair Stewart, Mayor
ATTEST: _________________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, California, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Brea, California, at its regular meeting held on the 18th day of March 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: March 18, 2025
_________________________________
Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
E. Approval of City Manager Employment Agreement
Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4E.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Adopt a resolution approving an employment agreement between the City of Brea and Kristin Griffith for employment as City Manager; and authorizing the Mayor to execute the Employment Agreement

BACKGROUND/DISCUSSION
Following the retirement announcement by former City Manager Bill Gallardo on November 20, 2024, the City Council appointed Deputy City Manager/Administrative Services Director Kristin Griffith to the position of Interim City Manager/Administrative Services Director on November 23, 2024. In December 2024, the City Council appointed Council Member Marick and Vargas to an Ad-Hoc Committee to work with the City Attorney and Human Resources Manager to conduct a market review of the City Manager position and draft an Employment Agreement in order to hire a new City Manager. On February 18, 2025, Kristin Griffith was appointed City Manager.

The City Council selected Kristin Griffith based on her extensive experience in municipal service and her qualifications for the position. Ms. Griffith started her career with the Santa Margarita Water District over twentyeight (28) years ago and held various positions in the organization, ultimately advancing to Director of Finance. Ms.

Griffith also served as the Director of Financial Management and Strategic Planning for the City of Irvine. She first came to Brea in 2022 as the Administrative Services Manager overseeing the Finance, Human Resources, Accounting, and Information Technology divisions. In July 2024, she was appointed as Deputy City Manager/Administrative Services Director. Ms. Griffith earned a Bachelor’s Degree in Financial Services from San Diego State University.

The terms of the proposed Employment Agreement includes, among other terms, a base salary of $28,424.25 per month with no scheduled increases for a two-year period and, unless terminated by either party, a one-year extension period. This salary is consistent with the City Council’s goal to pay employees the median of the market within a 10-City comparable group and reflects similar compensation negotiated with other bargaining groups in recent years. The contract also provides for an eight percent (8%) of base salary annual contribution to deferred compensation and sixty (60) hours of administrative leave for each fiscal year in recognition of work outside of normal working hours.

Furthermore, Ms. Griffith will be eligible for the Executive Management benefits as outlined in the Executive Compensation Plan, which includes flexible benefits plan (medical, dental, vision), wellness, life, and disability insurance; holidays, vacation and sick leave; and retirement benefits. The contract includes annual performance reviews, at which time the City Council may consider cost of living and salary adjustments.

Either party may terminate without cause upon providing a thirty-day notice. The City may terminate for cause for the specific reasons set forth in the Employment Agreement by providing her with a written notice of termination, which shall be effective immediately. If employment is terminated and severance pay is applicable per the contract, the employee will receive a cash payment equal to twelve (12) months of base salary.

California law requires that the City Council adopt a proposed employment agreement with a City Manager at a regular meeting, via resolution. If approved, Ms. Griffith’s contract will be effective on March 18, 2024.

FISCAL IMPACT/SUMMARY
This compensation adjustment is needed for the City to remain competitive in the current labor market if Brea is going to continue to attract and maintain quality executives. This action authorizes the City Council to approve an Employment Agreement with a City Manager salary set to the median of the market, effective March 18, 2025. This adjustment is consistent with median of the market salary adjustments that were approved for all labor groups and executives in recent years.

There is no fiscal impact to the adopted budget for FY 2024-25 due to current budget allocation and department salary savings. However, on-going costs related to this agreement will be programmed in the FY 2025-26 budget projections as applicable.

RESPECTFULLY SUBMITTED:

Prepared by: Mario E. Maldonado, Human Resources Manager Concurrence: Terence Boga, City Attorney
Attachments
Reso Adopt Griffith Employment Agreement.pdf
Exhibit A - Employment Agmt with City Manager Kristin Griffith.pdf RESO NO. 2025-
March 18, 2025
RESOLUTION NO. 2025-0XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA

APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY MANAGER
A. RECITALS:
(i) On February 18, 2025, the City Council unanimously appointed Kristin Griffith to the position of City Manager.
(ii) The Employment Agreement attached as Exhibit A provides for the City’s employment of Kristin Griffith as City Manager for a two-year period and, unless terminated by either party, a one-year extension period.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Brea to:

1. The City Council approves the attached Employment Agreement and authorizes the Mayor to execute such contract on the City’s behalf.

2. The City Clerk shall certify to the adoption of this Resolution.

APPROVED and ADOPTED this 18th day of March, 2025.
________________________________
Blair Stewart, Mayor
ATTEST: ________________________________
Lillian Harris-Neal, City Clerk
RESO NO. 2025-
March 18, 2025
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing resolution was adopted at a meeting of the City Council of the City of Brea held on the 18th of March 2025, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: ______________________________
_____________________________________
Lillian Harris-Neal, City Clerk
- 1 of 7 -

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is dated March 18, 2025 for reference purposes and is executed by the City of Brea (“City”), a California municipal corporation, and Kristin Griffith (“Employee”), an individual.

R E C I TA L S
A. City desires to retain the services of Employee in the at-will position of City Manager.

B. Employee desires to accept employment, on an at-will basis, as the City Manager of City.

NOW, THEREFORE, the parties agree as follows:

1. Duties and Authority. City employs Employee as City Manager of City and as Executive Director of the Successor Agency to the Brea Redevelopment Agency.

Employee shall exercise the full powers and perform the functions and duties of the position of City Manager and the Executive Director as specified in Brea City Code and all applicable laws, and shall perform such other legally permissible and proper duties and functions as the City Council may from time to time assign to Employee.

2. Term.

A. Base Term. This Agreement shall commence on March 18, 2025. Unless extended or earlier terminated, this Agreement shall expire at City’s close of business on March 18, 2027.

B. Extension. Unless terminated by either party on before February 16, 2027, the term of this Agreement shall automatically be extended by one year, ending on March 18, 2028.

3. Employee’s Obligations.

A. Exclusivity. Employee shall devote her full time and effort to the performance of this Agreement. Employee shall remain in the exclusive employ of City and shall not become otherwise employed without the prior written approval of the City Council. Any other City Council-approved employment engaged in or by Employee shall not interfere with the performance of duties under this Agreement.

B. Schedule. Employee shall maintain a regular work schedule consistent with that approved by the City Council for other Management employees of the City.

Employee’s duties may involve expenditures of time in excess of nine hours per day and in excess of 40 hours per week, and may also include time outside normal office hours such as attendance at City Council meetings or community meetings. Employee shall not be entitled to additional compensation for such time. Employee shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Exhibit A
- 2 of 7 -
Medicare portion of such taxes.

C. Authority Over Employees. Employee shall have authority over City employees as provided in Brea City Code Section 2.04.060. The City Council shall not direct any subordinate of Employee. The City Council shall confidentially communicate to Employee any criticism or concerns of a subordinate of Employee.

D. Personnel Rules. The provisions of City’s Personnel Rules and Regulations (“Personnel Rules”) shall apply to Employee to the extent they explicitly apply to the position of City Manager; provided, however, the provisions of this Agreement shall prevail over the Personnel Rules in the event of a conflict.

E. Ethics. Employee shall conform to the International City/County Management Association Code of Ethics. Employee shall not engage in any business or transaction, or have a financial or other personal interest or association, direct or indirect, that is in conflict with the proper discharge of her duties or that would tend to impair the independence of her judgement or action in the performance of duties. Employee shall also be subject to the conflict of interest provisions of the Government Code, the Brea City Code, and any other conflict of interest regulations applicable to Employee’s employment with City.

4. Performance Evaluations. The City Council shall endeavor to conduct an annual performance evaluation of Employee before July 1, 2025 and then, starting in 2026, at least once annually by June 30 of each year. Performance evaluations may include:
setting and reviewing achievement of goals; consideration of enhancements to pay, benefits, or both; and renegotiation of other provisions of this Agreement to be effective by July 1 of each year.

5. Salary and Benefits.

A. Base Salary. Effective the first full payroll period commencing on or after March 18, 2025, Employee shall receive, as compensation for her performance of the duties of City Manager and Executive Director, a starting monthly base salary of $28,424.25 less customary and legally required payroll deductions.

B. Retirement Plan Contribution. For each pay period City shall contribute an amount that is 8% of Employee’s base salary for such pay period to her personal 457b deferred compensation plan account; provided, however, if the total combined amount contributed each calendar year by City and Employee exceeds the maximum allowable annual contribution limit established in the Internal Revenue Code, then City shall contribute such excess amount to City’s 401(a) deferred compensation plan in an account established for the benefit of Employee.

C. Executive Management Benefits. Employee shall be entitled to all of the benefits as provided to other City Executive Management employees pursuant to the then-applicable Executive Compensation Plan including: sick leave accrual; health/dental/vision insurance benefits; long-term disability insurance; life insurance; onetime payments or pay adjustments; and enrollment in City’s CalPERS retirement plan. - 3 of 7 -
D. Automobile. Employee’s duties require the exclusive and unrestricted use at all times of an automobile provided by City, by either lease or purchase of the vehicle.

City shall be responsible for paying liability, property damage and comprehensible insurance, all operation, maintenance, repair and replacement costs of such an automobile. Any automobile supplied to Employee shall be approved by the City Council.

E. Administrative Leave. For the remainder of FY 2024-2025, Employee shall be granted 20 hours of administrative leave. Commencing July 1, 2025, and on an annual basis thereafter, Employee shall be granted 60 hours of administrative leave for each fiscal year. Administrative leave shall not be carried over from one fiscal year to the next, nor may Employee convert unused administrative leave to cash.

F. Seminars, Conferences, and Professional Memberships. The City Council may provide for the payment of seminars, conferences, and professional memberships when such is of mutual benefit to Employee and City.

6. At-Will Employment Relationship.

A. City Council Authority To Terminate. Consistent with Brea City Code Section 2.04.010 and Government Code Section 36506, Employee is appointed by and serves at the pleasure of the City Council. Nothing in this Agreement or the Personnel Rules shall prevent, limit, or otherwise interfere with the right of the City Council to terminate this Agreement and the employment of Employee, with or without cause, in accordance with Brea City Code Section 2.04.080.

B. Cause Definition. For purposes of this Agreement the term “cause” is defined solely as follows:

1. Dishonesty involving employment.

2. Creation of an intimidating, hostile, or offensive work environment in violation of any state and federal employment law including Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act.

3. Incompetence, inefficiency, or habitual neglect in the performance of duties after a reasonable opportunity to remediate any issue(s) identified in writing by the City Council.

4. Insubordination or failure to comply with lawful, ethical, and appropriate written City Council directives.

5. Any act of conduct undertaken, during or outside of work hours, that is of such a nature that it causes discredit to fall upon City.

6. Knowingly and willfully failing to comply with applicable laws in the performance of the duties.

7. Continued and ongoing incapacity of Employee to perform the duties - 4 of 7 -
of employment as City Manager, unless such incapacity is protected by applicable employment, labor or disability laws.

8. Conviction or a plea bargain, judgment, or adverse determination by any court, the California Attorney General, the Fair Political Practices Commission, or a grand jury for any felony, intentional tort, crime or moral turpitude, or violation of any law constituting forfeiture of office, misconduct in office, misuse of public funds, or conflict of interest.

7. Resignation. Employee may resign from her position with City in lieu of termination, or may voluntarily terminate this Agreement, any time upon 30 days written notice to the City Council. Employee shall not be entitled to any severance pay upon such resignation or voluntary termination, unless otherwise approved by the City Council.

8. Unused Leave Payout. Upon termination of this Agreement, Employee will be provided with a full payout of unused vacation leave and other leave balances if applicable at their then hourly rate of pay such as provided to other City Executive Management employees. Employee retains the right to have a portion or all of the cash value of these accrued leave balances transferred by City, on a pre-tax basis, to Employee’s 457b deferred compensation account, 401(a) deferred compensation accounts, or retiree health savings account. Employee shall have her unused accrued sick leave be applied to CalPERS by City on her behalf as additional service credit, provided this meets all applicable legal requirements.

9. Severance.

A. Entitlement. If City terminates this Agreement without cause, then City shall pay Employee a severance benefit in the amount of Employee’s then applicable base salary multiplied by 12 or by the number of months remaining in the term of this Agreement, whichever is less. Additionally, for the same period Employee shall receive:

1. Continuation, or cash compensation, for the value of full pay, accrued benefits and accruable benefits.

2. Continuation of CalPERS retirement service credit accrual.

3. Continuation of City’s contributions to Employee’s 457b and/or 401(a) deferred compensation and retiree health savings accounts.

B. Employee shall not be entitled to any severance if City terminates this Agreement for cause or if Employee terminates this Agreement.

C. In no event shall the severance that Employee receives under this Agreement exceed the limit specified by Government Code Section 53260 et seq. or other applicable law.

10. Indemnification. City shall defend, hold harmless, and indemnify Employee against any claim for negligent tort or omissions, professional liability claim or demand, - 5 of 7 -
or other legal action, whether groundless or otherwise, arising out of an alleged negligent act or omission occurring in the performance of her duties as Employee in accordance with the provisions of Government Code Section 825. Such indemnification shall extend beyond termination of employment to provide full and complete protection to Employee by City for any acts undertaken or committed in her capacity as Employee, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following employment with City. City shall provide, at City’s expense, personal legal counsel for Employee and shall consult with Employee as to the selection of such counsel, if it is mutually determined by City and the Employee that personal legal counsel is necessary.

11. Reimbursement of City. In the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse City for any paid leave, legal criminal defense, or cash settlement (including severance) as provided in Government Code Sections 53243 et seq.

12. Notices. Any notice to be given under this Agreement by either party to the other shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed to City or Employee. All mailed notices to City shall be addressed as follows:

Mayor
City of Brea
One Civic Center Circle
Brea, CA 92821
Any notice to Employee shall be given in a like manner, and, if mailed, shall be addressed to Employee at the address then shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the second (2nd) calendar day after mailing, if mailed in the manner provided in this section to the party to whom notice is to be given.

13. Miscellaneous.

A. Employee Acknowledgement. Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that she has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.

B. Nondisparagement. In the event of termination of this Agreement, City and Employee may prepare a mutually agreeable joint press release or statement that does not contain any text or information disparaging to either party. City Council Members, City personnel, and Employee may verbally repeat the substance of any such press release or statement upon inquiry, but shall not otherwise make any written, oral, or - 6 of 7 -
electronic statement to any member of the public, the press, or any City employee concerning the termination.

C. Litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event that either party shall commence legal action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs of suit including reasonable attorneys’ fees. The venue for litigation shall be Orange County, California. The interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the disputed language.

D. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

E. Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

F. Entire Agreement. This Agreement sets forth the final, complete and exclusive agreement between City and Employee relating to the employment of Employee as City Manager by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. No amendments to this Agreement may be made except in writing, signed and dated by City and Employee.
[SIGNATURES ON FOLLOWING PAGE]

City of Brea
City Council Regular Meeting Communication
F. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.

Meeting
Tuesday, March 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4F.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Adopt a Resolution approving City staff’s recommendation for the proposed solid waste rates for residential, commercial and multi-family customers and Adopt a Resolution approving the Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) and corresponding Exhibits.

2. Find the Second Amended and Restated Franchise Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA).

BACKGROUND/DISCUSSION
Based on feedback from prior City Council meetings, Republic Services has agreed to retain the negotiated $65.00 overage fee starting in year one, forgo the request for a 0.75% addition to the commercial rate adjustment, and commit to help assist the three mobile home parks with curbside cart options for pickup. The finalized version of the Seconded Amended and Restated Agreement (Agreement) and corresponding Exhibits are attached to the staff report for City Council consideration. The attached Agreement and Exhibits contain the agreed upon contract and other provisions, which include:

Republic Services would retain full flow control for all residential and commercial recyclable materials Revised phase-in period from Consumer Price Index (CPI) to the Garbage and Trash Collection Index (GTCI) as the rate adjustment index
Phase-in from CPI to GTCI for the residential sector would occur from years 2 through 5 Phase-in for commercial sector would be 100% to the GTCI starting in year 2 Streamlined reporting requirements in Exhibit F to align with SB 1383 requirements Re-opener language to discuss the landfill disposal component upon the approval of the new Orange County waste disposal agreement
These provisions are in exchange for the City retaining full flow control for all residential and commercial solid and organic waste.

Republic Services Contract Negotiations Results
At the January 17, 2023, Brea City Council Meeting, the City Council created a Solid Waste Ad Hoc Committee (Ad Hoc Committee). It assigned Council Member Hupp and Council Member Vargas to serve on the committee. Since then, the Ad Hoc Committee and City staff have been engaged in extensive negotiations with Republic Services to reach a comprehensive agreement that will provide all the additional services the City must implement to comply with SB 1383 regulations. This Second Amended and Restated Franchise Agreement will memorialize each party's rights and obligations in a single document to implement an SB 1383-compliant program in Brea. The tentative Agreement is being presented for City Council consideration. Below is a summary of some of the new provisions.

Residential and Commercial Rates
A significant component of the Second Amended and Restated Franchise Agreement (Agreement) is implementing a residential curbside organic waste collection program. Under the new program, single-family residential locations can place food scraps in their yard waste cart; thus, the yard waste cart will now be considered an organic waste cart. The residential curbside organic waste collection program was a service that was not part of the prior 2002 Agreement. This component was also one of the crucial activities identified in the City's CAP with CalRecycle.

Table 1 compares single-family residential (curbside) rates of Orange County cities that contract with Republic Services. When reviewing the table, it is essential to note that some cities that contract with Republic Services have not yet implemented a residential organic waste collection program. Once all cities have implemented a program, Brea's single-family rate is anticipated to be closer to the median of cities that contract with Republic Services.
1 Rate includes 3 carts - regular trash, recycling, and yard/organic waste 2 Residential curbside SB 1383 program not implemented
The City of Brea had already established an organic waste collection program for commercial properties under the 2019 CORP agreement to comply with prior organic waste legislation (Assembly Bill 1826). Under SB 1383 regulations, multi-family locations consisting of 5 dwelling units or more are considered commercial entities and fall under commercial services. Through extensive negotiations by the City's Ad Hoc Committee, commercial rate increases were minimized. The amended Agreement keeps commercial rates competitive compared to other Orange County cities that contract with Republic Services.

Table 2 compares commercial/multi-family rates for the most commonly used container size for cities that contract with Republic Services. Under the negotiated terms, Brea will be the second lowest for this container size among cities serviced by Republic.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin Table 3 compares commercial/multi-family rates for the most commonly used recycling container size for cities that contract with Republic Services. Through negotiations, Brea is in the top half of rates for containers this size.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin The City's Ad Hoc Committee also secured no rate increases for commercial organic waste collection services. The proposed rate will place Brea in the median of cities contracting with Republic Services. 1 Most commonly used container size Commercial/Multi-Family locations 65-gallon cart The amended Agreement also provides customer credits for potential future labor unrest which may impact services. This provision will allow customers to receive compensation for any missed service days.

Additionally, the amended Agreement retains the fifty percent revenue sharing from the sale of recyclable materials collected by providing residential customer rebates.

Liquidated Damages
The amended Agreement contains new liquidated damages provisions to help ensure Republic Services is adhering to performance standards. These liquidated damages allow the City to hold Republic Services accountable for substandard service by imposing monetary penalties. Below are some of the liquidated damages the City would be able to impose:

Failure to collect discarded materials that have been adequately set out for collection - $100 per occurrence.

Failure to collect illegally dumped bulky goods within two days of notification by the City -$100 per day.

Failure to clean up vehicle leaks or spills within the agreed time-frame - $500 per occurrence.

Failure to record a response to a customer complaint or request within 24 hours of resolution—$100 per occurrence.

Failure to repair or replace a damaged or missing container within two working days of a request from the City or a customer—$50 per day.

The complete list of liquidated damages can be found in Section 12.6 of the attached amended Agreement.

Flow Control
Under the initial negotiated terms, the City retained flow control rights for solid waste disposal for singlefamily and commercial customers. In addition, the Amended Agreement explicitly designates that the City will retain flow control for single-family residential recycling materials and organic materials, a key provision that the City retains. This allows the City to direct which facilities these materials should be taken to for processing and disposal. Retaining this option could minimize future rate adjustments for single-family residential customers by allowing the City to designate facilities that may have lower processing and disposal costs.

Outreach and Education Requirements
The amended Agreement contains additional education and outreach activities that City staff and Republic Services will conduct. These efforts will be key to the City's compliance with SB 1383 to inform residential and commercial customers of new service levels, container configurations, and recycling requirements. Upon approval of the amended Agreement, City staff and Republic Services will begin notification of the new service collection program. This will include mailings to all residential and commercial customers regarding the new program requirements, updates on both Republic Services and City websites, quarterly newsletters, and informational posts on the City's social media platforms. Republic Services will be required under the amended Agreement to provide continuous education and outreach to all residential and commercial customers annually to ensure SB 1383 compliance.

Moreover, Republic Services will assign a full-time, Brea-dedicated Recycling Coordinator/Sustainability Advisor and one part-time route auditor to assist with citywide education and outreach efforts, participate in community events, conduct waste audits, resolve customer complaints/requests, and perform additional compliance efforts.

Once the amended Agreement is approved, Republic Services will distribute a new cart label to all singlefamily residential locations in the City. Residents will place these new labels on their yard waste containers to identify the expanded accepted materials for collecting all organic waste. This is because Brea's current residential yard waste carts do not meet SB 1383 labeling and color requirements. With the goal of limiting the increase to residential rates, the temporary labels were a compromise, allowing the current carts to continue to be used until they become damaged or worn. Once the cart has reached the end of its useful life, it will be replaced with an SB 1383-compliant cart. Under SB 1383, current carts are allowed to be used until January 1, 2036.

Monitoring and Reporting
The amended Agreement contains provisions for contamination monitoring and reporting requirements to comply with SB 1383 regulations. Republic Services will be required to perform container contamination monitoring, conduct route reviews of containers for prohibited container contaminants, prepare reports, and assist customers in reducing the levels of contamination in their containers.

Upon identification of prohibited container contaminants, Republic Services shall provide the customer with a notice of contamination, either as a courtesy pick-up notice or a non-collection notice. Commercial customers who receive a notice will be informed of the observed presence of prohibited container contaminants, information on the customer's requirement to properly separate materials into the appropriate containers, and information that contamination fees may be assessed following one instance of contaminated materials for commercial customers. Residential customers will be notified via a non-collection notice of container contamination and instructed to properly separate the materials into the appropriate container before servicing them.

Republic Services will also be required to maintain a container contaminant log and fee assessment report, which will be included in monthly activity reports for the City. These reports will be required to maintain compliance with the record-keeping requirements under SB 1383. Furthermore, Republic Services shall prepare and submit the draft CalRecycle Electronic Annual Report (EAR) to the City for review and approval by July 1 of each year. All jurisdictions are required by the State to submit an EAR annually to monitor progress in implementing solid waste and recycling laws.

Food Recovery Assistance
The amended Agreement contains a provision to assist with identification and outreach to Commercial Edible Food Generators (CEFG) as part of food recovery efforts. Under the amended Agreement, Republic Services will provide a $45,000 annual lump sum to help fund an agreement with a food recovery organization to facilitate food recovery efforts. City staff and Republic Services will annually provide education outreach, legislative requirement reminders, and training to all on-site employees for CEFG to ensure SB 1383 compliance. Furthermore, Republic Services will be expected to facilitate the growth of food recovery efforts in Brea for Edible Food Recovery Organizations to ensure a collaborative approach to reducing food waste within the community.

City and Community Services
The amended Agreement also contains additional benefits to the community and City. Republic Services will continue to provide solid waste and recycling collection and disposal services for City-sponsored events at no cost. The amended Agreement also annually provides seven 40-yard roll-off containers for the City to utilize for neighborhood or other cleanup events such as Go Serve Brea. Republic will also provide up to 20 tons of compost and/or mulch for community giveaway events for Brea residents to pick up. This material will assist the City in achieving its annual recovered organic target. Additionally, the amended Agreement includes a new annual mobile paper shredding event where residents can take old paperwork to be securely shredded onsite.

Compliance with other State Laws
The amended Agreement will help the City maintain compliance with other State laws regarding solid waste and recycling, including:

AB 939 - Adopted in 1989, AB 939 (the California Integrated Waste Management Act of 1989) provides the statutory framework for solid waste collection and diversion by jurisdictions in the State AB 341 - Adopted in 2012, AB 341 required mandatory commercial recycling and set forth a state diversion goal of 75% by 2020
AB 1826 - Adopted in 2014, AB 1826 required mandatory commercial organics (food and green waste) recycling from businesses and green waste recycling from multi-family units (five or more units) by April 2016. Food scrap recycling programs were also required to be offered to businesses meeting the thresholds of the law
AB 1594 - Eliminated allowing the use of green (yard) waste for alternative daily cover at landfills as a diversion credit in state reporting starting in January 2020 SB 1383 - Effective January 1, 2022, SB 1383 established goals to reduce short-lived climate pollutants (e.g., greenhouse gasses) by 75 percent by 2025 throughout the State. In particular, focusing on methane gasses released from landfills from decomposing organic material. The law also set a 20% recovery threshold for edible food from being disposed in landfills.

Environmental Determination
The City Council finds and determines that approval of the 2025 Franchise Agreement and the Proposed Rate Adjustments is exempt from California Environmental Quality Act ("CEQA") review under statutory and categorical exemptions, including those outlined in California Code of Regulations Title 14, Sections 15061(b) (3), 15273(a), 15301, and 15308. Development and implementation of the amended organic waste collection services under the 2025 Agreement is a requirement of SB 1383 and CalRecycle and is exempt from CEQA because it is an action under a regulatory requirement to assure the protection of the environment and involves procedures for the protection of the environment. Furthermore, the amended organic waste collection services apply to the City's existing volume of generated solid waste, which has no expansion of use. The Proposed Rate Adjustments are necessary to meet the operating expenses of the organic waste collection program. These approvals are additionally exempt under the general rule that CEQA applies only to projects that can potentially cause a significant effect on the environment.

Cost-of-Service-Study
The proposed solid waste rate adjustments are needed to comply with new unfunded State regulations required by SB 1383. They also coincide with the Second Amended and Restated Franchise Agreement being presented for City Council consideration. The proposed rate adjustments will allow for Republic Services to implement a residential curbside organic waste collection program, expand current commercial organic waste collection services, procure additional collection carts and vehicles, implement monitoring and reporting functions, assist with edible food recovery efforts, and incorporate additional service measures to ensure compliance with SB 1383.

NewGen Strategies and Solutions, LLC (NewGen) conducted a cost-of-service study (Study) (Attachment B—Solid Waste Cost of Service Study Memorandum), which examined the City's Sanitation and Street Sweeping Fund (Fund 440). The Study focused on residential solid waste collection services to determine if the proposed rate adjustment will meet the cost-of-service requirements to ensure the continuous delivery of essential sanitation services and implement additional services to comply with SB 1383 regulations.

The Study analyzed historical data for Fund 440 from the past five budget cycles, the current Fiscal Year budget for Fund 440, and Republic Services' estimated cost for residential organic waste collection service to design rates for the City for Fiscal Year (FY) 2024-2025. The Study also removed 15% of City staff salary expenses to account for assistance provided to commercial customers as part of daily City functions.

Under current year projections, the cost to provide residential solid waste collection is $4,061,390. This cost does not include the additional amount to implement the new residential curbside organic waste collection service. The current revenues generated at the current curbside cart rate is $3,857,941. This results in a current under-recovery of costs of $203,449. The solid waste franchise fees collected in FY 23-24 were $1,164,193, included in the City's General Fund revenues. These revenues are utilized for various General Fund activities. They are not intended to administer the solid waste program. As a result, Table 5 shows the amount of solid waste franchise fees collected and the General Fund subsidies to Fund 440. Enterprise funds should strive to be cost-neutral and not be provided subsidies from General Fund revenues.
*Cost projection does not include additional residential organic waste collection costs After reviewing historical and current budget data, NewGen determined that the total revenue requirement to achieve cost recovery for residential solid waste services in Fund 440 for FY 2024-2025 is $4,504,926. According to the Study, most of those costs, which amount to $3,440,310, are related to the contract with Republic Services. The remaining costs are for salaries and benefits of City staff to administer the solid waste program and provide residential billing services. There is an additional cost of $487,740 in FY 2024-2025 for Republic Services to implement the new curbside residential organic waste collection service. This new service is a significant component of the Second Amended and Restated Franchise Agreement. Table 6 outlines the FY 2024-2025 revenue requirement for residential solid waste services.

The Study showed that under the current residential cart rate of $27.80 per month, there is a projected underrecovery of $646,985 for FY 2024-2025. The under-recovery results from the total revenue from the current curbside cart rate of $3,857,941 compared with the future revenue requirement of $4,504,926 to implement the residential organic waste collection service and account for City administrative costs. Table 7 shows the difference between the current curbside cart rate revenues and the future revenues needed to cover service costs.

To achieve cost recovery, including the new curbside residential organic waste collection program, NewGen recommended a $4.79 increase to the current monthly refuse rate.

Based on the consultant's recommended $4.79 increase, $29.45 is comprised of the negotiated contract rate with Republic Services to implement required SB 1383 programs. The additional $3.14 would go to the City to cover costs for administration and oversight of the residential solid waste program and billing services.

After reviewing the study results, City staff conducted additional research to determine if any action could be taken to reduce the consultant-recommended residential rate. Staff determined that the recommended residential rate could be reduced due to current staffing vacancies in the Public Works Department. As a result, City staff's recommended adjusted residential rate is $31.27 per month which is $1.32 less than the consultant's recommended rate. This recommended residential rate is projected to result in an under-recovery of $158,930 for Fund 440, compared to the full cost recovery identified in the Study, by the end of FY 2024-2025.

The City staff proposed rate retains the negotiated contracted rate to allow Republic Services to implement required SB 1383 programs and maintain minimum service levels provided by City staff for the remainder of FY 2024-2025. The proposed adjustments account for all labor, equipment, materials and supplies, insurance, overhead, transfer, and disposal necessary to perform all services. With its consultant, the City has reviewed the overall proposed rate adjustments as part of the Study and determined them to be reasonable.

Furthermore, the proposed rate adjustments will allow the City to implement the necessary services to satisfy the action items identified in its formal CAP and ensure compliance with SB 1383 regulations. If the City Council approves the proposed rate adjustments, the new rates will go into effect on July 1, 2025.

Proposition 218 Public Hearing
Proposition 218 (Prop. 218) requires the City to conduct a public hearing to consider approving a resolution adjusting solid waste service rates for residential, multi-family, and commercial customers. The City must mail the notice at least forty-five (45) days before the public hearing date regarding the proposed rates.

Beginning the week of December 1, 2024, per Prop. 218, the City mailed notifications of the proposed adjusted, solid waste service rates to property owners, commercial customers, tenants, and occupants as part of the bimonthly utility billing (Attachment A—Prop. 218 Public Hearing Notice). Separate Prop. 218 notices were mailed out on December 19, 2024, utilizing the most current addresses from Orange County property tax roll assessments.

The Prop. 218 notice identified the proposed adjusted rates and instructions for filing written protests concerning the proposed rates. As of agenda preparation on January 28, 2025, the City received three written protest objecting to the rate increase. Protest letters from over 50% of the parcels in Brea would be required to prevent the approval of the recommended actions. If no majority protest is received, and the City Council approves the resolution, the rate adjustments would be effective July 1, 2025.

COMMISSION/COMMITTEE RECOMMENDATION
This staff report was reviewed by the Finance Committee at their January 28, 2025, meeting and recommended to proceed to City Council.

SUMMARY/FISCAL IMPACT
Under the Second Amended and Restated Franchise Agreement, the City will be paid a 10 percent franchise fee.

The annual franchise fee is estimated to be $1.2 million for the Agreement's first year. Subsequent franchise fee payments will depend upon the revenues collected after applying the rate adjustment indexes and the number of active solid waste accounts. The collected franchise fees are deposited into the General Fund (Fund 110).

City staff's recommended residential curbside monthly cart rate of $31.27 is estimated to generate $4,345,996 in revenue for Fund 440. Based on the staff-recommended residential rate, there is a projected under-recovery of $158,930 by the end of FY 2024-2025. After the conclusion of FY 2024-2025, additional rate adjustments may be needed to achieve full cost recovery, as identified in the Cost-of-Service Study for Fund 440, which can be further analyzed as part of future budgeting processes.

RESPECTFULLY SUBMITTED
Kristin Griffith, City Manager
Prepared by: Francesca Vivanti, Management Analyst I and Matthew Cuevas, Senior Management Analyst Concurrence: Michael Ho, PE, Public Works Director
Attachments
Attachment A - Proposition 218 Notices of Public Hearing.pdf Attachment B - Solid Waste Cost of Service Study Memorandum.pdf Attachment C - Resolution Approving 2nd Amended Solid Waste Franchise Agreement and Rate Adjustments.pdf Attachment D - Revised Draft Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California LLC - Redline Text.pdf Attachment E - Revised Draft Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California LLC - Final Text.pdf Attachment F - Revised Draft Second Amended and Restated Franchise Agreement Exhibits - Redline Text.pdf Attachment G - Revised Draft Second Amended and Restated Franchise Agreement Exhibits - Final Text.pdf Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.

Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.

PROPOSED ADJUSTMENTS TO SOLID

WASTE & RECYCLING SERVICE RATES
Additional information on services provided by Republic Services can be found at www.recyclebrea.net
WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Act was signed into law in 2016 and established methane emissions targets and edible food recovery goals.

For more information on SB 1383, visit calrecycle.ca.gov/organics/slcp/

PRSRT STD
U.S. POSTAGE
PAID

ANAHEIM, CA
PERMIT NO. 8056
City of Brea
1 Civic Center Circle
Brea, California 92821-5732
www.cityofbrea.gov

ATTACHMENT A

CITY OF BREA NOTICE OF PUBLIC HEARING FOR

PROPOSED ADJUSTMENTS TO SOLID WASTE & RECYCLING SERVICE RATES NOTICE IS HEREBY GIVEN that the Brea City Council will hold a public hearing on proposed adjustments to solid waste and recycling service rates on Tuesday, February 4, 2025 at 7:00 PM, or as soon as the matter may be heard, at 1 Civic Center Circle, Brea, CA 92821 in City Council Chambers. If approved by the City Council in the absence of a majority protest (see below), the initial increases will go into effect on March 1, 2025.

WHY HAVE I RECEIVED THIS NOTICE?
This notice is regarding a public hearing to consider proposed adjustments to solid waste and recycling service rates for all Brea solid waste customers.

The public hearing will be conducted in accordance with Proposition 218 (1996), specifically California Constitution Article XIII D, Section 6. This notice is being sent to all property owners of record whose parcels receive solid waste and recycling services from Brea’s solid waste hauler franchisee and to tenants who are directly responsible for payment of the solid waste and recycling service rates.

WHY ARE RATE INCREASES NECESSARY?
All California cities, including Brea, face the most stringent solid waste legislation in history under Senate Bill 1383 (2016) (“SB 1383”). SB 1383 mandates the State of California to reduce organic waste disposal (including green waste and food waste) 50% by January 1, 2020, and 75% by January 1, 2025.

SB 1383 also requires the State to recover 20% of edible food by January 1, 2025. As a result, green waste and food waste can no longer be disposed of in a landfill and must be recycled. The SB 1383 organic recycling mandates, along with current economic conditions, including equipment supply chain interruptions and labor shortages, are significantly impacting the solid waste industry. For the City of Brea to remain in compliance with State law and avoid being fined by the State, expanded solid waste and recycling services are necessary, none of which are funded by the State. Therefore, these expanded services and other cost increases must be funded by adjusting the solid waste and recycling service rates.

PROPOSED SOLID WASTE & RECYCLING SERVICE RATES
The City Council will consider the proposed adjustments to the solid waste and recycling service rates in connection with entering into a restated and amended Franchise Agreement with the City’s solid waste hauler franchisee, Republic Waste Services of Southern California LLC, which does business as Brea Disposal. The new Franchise Agreement will ensure that the City continues to be in compliance with SB 1383 and other unfunded State mandates for solid waste and recycling. The proposed rates represent the maximum amount that customers can be charged pursuant to the new Franchise Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform solid waste and recycling services.

Under the new Franchise Agreement, there are two customer classes: (i) single-family residential (premises with less than five dwelling units) and (ii) commercial, which includes multi-family and industrial. The proposed single-family residential monthly rate is a flat rate comprised of a City Utility Billing Component, Service Component, and Disposal Component, and includes one pick-up per week of a trash cart, recycling cart, and organic waste cart.

The proposed commercial monthly rates are comprised of a Service Component and a Disposal Component for each type of service (trash, recycling and organic waste), and for each type of service is based on: (i) container size (in gallons or cubic yards); (ii) type of container (e.g., cart or bin); and (iii) frequency of pick-ups per week. Absent a waiver, commercial customers are required to have trash, organic waste and recycling service. For all customers, extra services (e.g., roll-out services) are available at additional cost. A partial list of the proposed rates are set forth in the attached Exhibit A.

A full list of the proposed rates can be viewed on the City’s website at www.cityofbrea.net/recyclebrea.

If approved by the City Council, the initial rate adjustments will go into effect on March 1, 2025. In addition, without the City Council holding additional public hearings, the rates may be adjusted on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 to account for inflation and changes in the gate rate at the County landfill. The method for calculating the annual adjustments can be viewed on the City’s website at cityofbrea.net/recyclebrea.

HOW CAN I PARTICIPATE? WHAT IS A MAJORITY PROTEST?
At the public hearing, the City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and recycling service rates. Any property owner of record whose parcel receives solid waste and recycling services from Republic and any property tenant that is directly responsible for payment of solid waste and recycling service rates (each, a "rate payer") may submit a written protest against the proposed adjustments to the solid waste and recycling service rates. Written protests may be personally delivered to the City Clerk during the public hearing.

Written protests may also be mailed to the City of Brea, Attention: City Clerk, 1 Civic Center Circle, Brea, CA 92821 or delivered in-person to City Hall, 1 Civic Center Circle, Brea, CA 92821. Protests that are mailed or delivered to City Hall must be received by the City Clerk by 7:00 PM on February 4, 2025.

To be counted, a written protest must: (1) identify the parcel of property subject to the proposed adjustments to solid waste and recycling service rates, (2) identify the rate payer, and (3) include the signature of the rate payer. Emailed protests will not be counted in determining the existence of a majority protest. A majority protest will exist if, at the end of the public hearing, there are written protests submitted by a majority of the rate payers subject to the proposed adjustments to solid waste and recycling service rates. No more than one written protest per parcel of property will be counted in calculating a majority protest. The City Council cannot adopt the proposed adjustments to the solid waste and recycling service rates if a majority protest exists.

WHERE CAN I FIND MORE INFORMATION?
For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at calrecycle.ca.gov/organics/slcp. You may also contact the Brea Public Works Department at (714) 990-7691 if you have questions about this notice or your solid waste and recycling service rates.

ATTACHMENT A
SINGLE FAMILY RESIDENTIAL SERVICES* Current Rate 1City
Utility Billing
1Collection
Component (85%)
1Disposal
Component (15%)
1Proposed
Adjusted Rate
*Residential premises with 4 or less dwelling units
MONTHLY RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 (Includes 3 carts: 1 Trash, 1 Recycle, 1 Organic Waste 1x/week PICK-UP)

ADDITIONAL RESIDENTIAL
TRASH CONTAINER $13.15 $12.95 $2.28 $15.23
ORGANIC WASTE CONTAINER $6.04 $5.95 $1.05 $7.00
RECYCLE CONTAINER $0.00 $0.00 $0.00 $0.00
MOBILE HOME RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 TEMPORARY 3 YARD RES. BIN $105.89 $104.26 $18.40 $122.66 3 DAYS (Del - Fill - PICK-UP & Disposal)

RESIDENTIAL ROLL-OUT SERVICES
(Service is for customers that want back door, garage, walk in service) $14.01 $13.79 $2.43 $16.22 RESIDENTIAL EXTRA DUMP - ALL 3 CONTAINERS $29.74 $29.28 $5.17 $34.45 RESIDENTIAL EXCHANGE OF ALL 3 CONTAINERS $45.98 $45.27 $7.99 $53.26 RESIDENTIAL CONTAINER REPLACEMENT - MISUSE (Each) $81.36 $80.11 $14.14 $94.25

RESIDENTIAL BULKY-ITEM COLLECTION
Additional Pick-ups Over 3x Pick-up/Year $57.55 $56.67 $10.00 $66.67 Charge for Each Item Over 20 per Collection $8.22 $8.09 $1.43 $9.52 Additional Fee Required for Gas Recovery $78.12 $76.92 $13.57 $90.49 RESIDENTIAL KITCHEN PAIL FOR PURCHASE (unbranded) New Rate $12.15 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL BIN SERVICE Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
(Absent a waiver, trash, recycle and organic waste service is required.

Typical service includes 1 trash, 1 recycle, and 1 organic waste container) COMMERCIAL BARREL RATE (96 GALLON TRASH) $41.26 $37.26 $6.58 $43.84

MONTHLY COMMERCIAL TRASH BIN RATES

1.5 YARD TRASH BIN 1x/week PICK-UP $111.93 $101.09 $17.84 $118.93

1.5 YARD TRASH BIN 2x/week PICK-UP $194.06 $175.26 $30.93 $206.19

1.5 YARD TRASH BIN 3x/week PICK-UP $276.19 $249.43 $44.02 $293.45

1.5 YARD TRASH BIN 4x/week PICK-UP $358.32 $323.61 $57.11 $380.72

1.5 YARD TRASH BIN 5x/week PICK-UP $440.45 $397.78 $70.20 $467.98

1.5 YARD MANURE BIN 1x/week PICK-UP $123.43 $111.47 $19.67 $131.14

1.5 YARD MANURE BIN 2x/week PICK-UP $217.06 $196.03 $34.59 $230.62

1.5 YARD MANURE BIN 3x/week PICK-UP $310.69 $280.59 $49.52 $330.11

1.5 YARD MANURE BIN 4x/week PICK-UP $404.32 $365.15 $64.44 $429.59

1.5 YARD MANURE BIN 5x/week PICK-UP $497.95 $449.71 $79.36 $529.07 2 YARD TRASH BIN 1x/week PICK-UP New Rate $139.04 $24.54 $163.58 2 YARD TRASH BIN 2x/week PICK-UP New Rate $232.28 $40.99 $273.27 2 YARD TRASH BIN 3x/week PICK-UP New Rate $325.52 $57.44 $382.96 2 YARD TRASH BIN 4x/week PICK-UP New Rate $418.76 $73.90 $492.66 2 YARD TRASH BIN 5x/week PICK-UP New Rate $512.00 $90.35 $602.35 3 YARD TRASH BIN 1x/week PICK-UP $181.12 $163.57 $28.87 $192.44 3 YARD TRASH BIN 2x/week PICK-UP $302.58 $273.27 $48.22 $321.49 3 YARD TRASH BIN 3x/week PICK-UP $424.04 $382.96 $67.58 $450.54 3 YARD TRASH BIN 4x/week PICK-UP $545.50 $492.65 $86.94 $579.59 3 YARD TRASH BIN 5x/week PICK-UP $666.96 $602.35 $106.30 $708.65 3 YARD MANURE BIN 1x/week PICK-UP $195.79 $176.82 $31.20 $208.02 3 YARD MANURE BIN 2x/week PICK-UP $331.92 $299.77 $52.90 $352.67 3 YARD MANURE BIN 3x/week PICK-UP $468.05 $422.71 $74.60 $497.31 3 YARD MANURE BIN 4x/week PICK-UP $604.18 $545.65 $96.29 $641.94 3 YARD MANURE BIN 5x/week PICK-UP $740.31 $668.59 $117.99 $786.58 3 YARD TEMP CONSTRUCTION BIN 1x/week PICK-UP $232.94 $210.37 $37.12 $247.49 3 YARD TEMP CONSTRUCTION BIN 2x/week PICK-UP $360.11 $325.22 $57.39 $382.61 3 YARD TEMP CONSTRUCTION BIN 3x/week PICK-UP $487.28 $440.07 $77.66 $517.73 3 YARD TEMP CONSTRUCTION BIN 4x/week PICK-UP $614.45 $554.93 $97.93 $652.86 3 YARD TEMP CONSTRUCTION BIN 5x/week PICK-UP $741.62 $669.78 $118.20 $787.98 3 YARD COMPACTED BIN 1x/week PICK-UP $266.27 $240.48 $42.44 $282.92 3 YARD COMPACTED BIN 2x/week PICK-UP $481.71 $435.04 $76.77 $511.81 3 YARD COMPACTED BIN 3x/week PICK-UP $697.15 $629.61 $111.11 $740.72 3 YARD COMPACTED BIN 4x/week PICK-UP $912.59 $824.18 $145.44 $969.62 3 YARD COMPACTED BIN 5x/week PICK-UP $1,128.03 $1,018.75 $179.78 $1,198.53 4 YARD TRASH BIN 1x/week PICK-UP New Rate $188.11 $33.20 $221.31 4 YARD TRASH BIN 2x/week PICK-UP New Rate $314.26 $55.46 $369.72 4 YARD TRASH BIN 3x/week PICK-UP New Rate $440.41 $77.72 $518.13 4 YARD TRASH BIN 4x/week PICK-UP New Rate $566.55 $99.98 $666.53 4 YARD TRASH BIN 5x/week PICK-UP New Rate $692.70 $122.24 $814.94 6 YARD TRASH BIN 1x/week PICK-UP New Rate $327.15 $57.73 $384.88 6 YARD TRASH BIN 2x/week PICK-UP New Rate $546.54 $96.45 $642.99 6 YARD TRASH BIN 3x/week PICK-UP New Rate $765.92 $135.16 $901.08 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A

ATTACHMENT A
6 YARD TRASH BIN 4x/week PICK-UP New Rate $985.31 $173.88 $1,159.19 6 YARD TRASH BIN 5x/week PICK-UP New Rate $1,204.70 $212.59 $1,417.29 8 YARD TRASH BIN 1x/week PICK-UP New Rate $376.22 $66.39 $442.61 8 YARD TRASH BIN 2x/week PICK-UP New Rate $628.52 $110.91 $739.43 8 YARD TRASH BIN 3x/week PICK-UP New Rate $880.81 $155.44 $1,036.25 8 YARD TRASH BIN 4x/week PICK-UP New Rate $1,133.11 $199.96 $1,333.07 8 YARD TRASH BIN 5x/week PICK-UP New Rate $1,385.40 $244.48 $1,629.88 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
65 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 96 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 2 YARD RECYCLE BIN 1x/week PICK-UP New Rate $95.14 $16.79 $111.93 Additional per trip PICK-UP New Rate $95.14 $16.79 $111.93 3 YARD RECYCLE BIN 1x/week PICK-UP $152.81 $136.38 $24.07 $160.45 Additional per trip PICK-UP $152.81 $136.38 $24.07 $160.45 4 YARD RECYCLE BIN 1x/week PICK-UP New Rate $159.89 $28.22 $188.11 3 YARD SPLIT BIN (no additional lock fee or installation) New Rate $206.93 $36.52 $243.45 COMMERCIAL RECYCLE BIN CONTAMINATION FEE per occurrence New Rate $98.85 $17.44 $116.29 COMMERCIAL RECYCLE CART CONTAMINATION FEE per occurrence New Rate $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL ORGANIC WASTE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
35 GALLON CART 1x/week PICK-UP $41.26 $35.07 $6.19 $41.26 35 GALLON CART 2x/week PICK-UP $82.52 $70.14 $12.38 $82.52 35 GALLON CART 3x/week PICK-UP $123.78 $105.21 $18.57 $123.78 65 GALLON CART 1x/week PICK-UP $65.19 $55.41 $9.78 $65.19 65 GALLON CART 2x/week PICK-UP $130.37 $110.81 $19.56 $130.37 65 GALLON CART 3x/week PICK-UP $195.56 $166.23 $29.33 $195.56 2 YARD BIN 1x/week PICK-UP $348.61 $296.32 $52.29 $348.61 2 YARD BIN 2x/week PICK-UP $697.21 $592.63 $104.58 $697.21 2 YARD BIN 3x/week PICK-UP $1,045.82 $888.95 $156.87 $1,045.82 ORGANIC BIN NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $296.32 $52.29 $348.61 ORGANIC CART NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $35.07 $6.19 $41.26 ORGANIC BIN CONTAMINATION FEE per occurrence $116.29 $98.85 $17.44 $116.29 ORGANIC CART CONTAMINATION FEE per occurrence $58.16 $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
Pull out service (applicable when container must be moved more than 25ft) $71.94 $64.97 $11.47 $76.44 Lock latch (For any bin with lockbar other than split bins) $2.71 $2.45 $0.43 $2.88 Redeliver bin (due to non-payment) $101.78 $91.92 $16.22 $108.14 Lock latch bin one-time installation fee (For all lock latch except split bins) $120.81 $109.10 $19.25 $128.35

NON-SCHEDULE ADDITIONAL PICK-UPS
1st BIN PICK-UP (1.5 & 3 YARD BINS) $84.79 $76.58 $13.51 $90.09 BIN OVERAGE "OVER THE TOP" - Each Occurrence $47.31 $55.25 $9.75 $65.00 COMMERCIAL CONTAINER STEAM CLEANING (container exchanged) $135.14 $122.05 $21.54 $143.59

COMMERCIAL BULKY-ITEM COLLECTION
Bulky item pickups (no limit); max 20 items per collection $61.06 $55.14 $9.73 $64.87 Charge for Each Item Over 20 per collection $8.12 $7.33 $1.29 $8.62 Additional Fee Required for Gas Recovery $78.12 $70.55 $12.45 $83.00 INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
PERMANENT 30 YARD ROLL-OFF - Min. 4 PICK-UPS per/Month $2,646.69 $2,390.29 $421.82 $2,812.11 ADDITIONAL PICK-UP - PERM 30 YARD ROLL-OFF $661.67 $597.57 $105.45 $703.02 PERMANENT 15 YARD DEMO BOX - Min. 4 PICK-UPS per/Month $2,819.48 $2,546.34 $449.35 $2,995.69 ADDITIONAL PICK-UP - PERM 15 YARD DEMO $704.87 $636.59 $112.34 $748.93 PERMANENT 40 YARD PACKER - Each PICK-UP $825.04 $745.11 $131.49 $876.60 TEMPORARY 30 YARD ROLL-OFF BOX $663.40 $599.13 $105.73 $704.86 TEMPORARY 30 YARD ROLL-OFF BOX - Yardwaste $625.25 $564.68 $99.65 $664.33 TEMPORARY 15 YARD DEMO BOX $766.18 $691.96 $122.11 $814.07 THREE DAYS - 1 EMPTY

CONTAINER MONTHLY RENTALS
THREE (3) YARD BIN $67.58 $61.03 $10.77 $71.80
TILT HOPPER $52.72 $47.61 $8.40 $56.01
STORAGE CONTAINER $106.76 $96.42 $17.01 $113.43
PACKER UNIT - "TURN-A-ROUND" REQUIRED $13.76 $12.43 $2.19 $14.62 (Surcharge per Pull)
SATURDAY SERVICE - PER LOAD $40.74 $36.79 $6.49 $43.28
BREA OLINDA SCHOOL DISTRICT Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate

MONTHLY COMMERCIAL RATES
3 YARD BIN 1x/week PICK-UP $117.46 $106.08 $18.72 $124.80 3 YARD BIN - ADDITIONAL PICK-UP $85.56 $77.27 $13.64 $90.91 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A
CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025

ATTACHMENT A
Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.

Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.

Additional information on services provided by Republic Services can be found at www.recyclebrea.net

ARE WE THE ONLY CITY EXPERIENCING A RATE
ADJUSTMENT ?
No. The costs associated with the proposed rate increase will affect most, if not all, jurisdictions in Orange County and the State. Costs associated with inflation, Senate Bill 1383 (SB 1383), and recycling markets will impact solid waste rates all across California.

WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste
Reductions Act was signed into law in 2016. The
law established statewide targets to achieve a 50%
reduction in the level of organic waste disposed
in landfills by 2020 and a 75% reduction by 2025.

Additionally, the law sets a statewide target of a 20%
reduction in the disposal of edible food, and for this
food to be recovered for human consumption.

For more information on SB 1383, please visit the
CalRecycle website at calrecycle.ca.gov/organics/slcp/

PROPOSED ADJUSTMENTS

TO SOLID WASTE & RECYCLING

SERVICE RATES