Agenda packet — Brea City Council, September 16, 2025 (part 1 of 4)

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 5:30 p.m.

Study Session - 6:00 p.m.

General Session - 7:00 p.m.

Tuesday, September 16, 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. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M.

1.A. Call to Order/Roll Call

1.B. Public Comment

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

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

2.A. Call to Order/Roll Call

2.B. Public Comment

2.C. Clarify Regular Meeting Topics

2.D. Comprehensive User Fee Study Update

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

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

2.G. Council Member Reports/Requests

2.H. Study Session Adjournment

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

3.A. Call to Order/Roll Call

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

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

3.D. Proclamation: National Preparedness Month

3.E. Proclamation: Service Club Month

3.F. Report - Prior Study Session

3.G. Community Announcements

3.H. Matters from the Audience

3.I. Response to Public Inquiries

4. PUBLIC HEARING
This portion of the meeting is for matters that legally require an opportunity for public input.

Audience participation is encouraged and is limited to 5 minutes per speaker.

4.A. 2025 Public Health Goals on Water Quality
— 1. Conduct a Public Hearing to receive public input, and; — 2. Accept and approve the 2025 Public Health Goals Report on Water Quality. There is no fiscal impact to the General Fund.

4.B. Second Reading Brea Construction Code Tri-Annual Code Update — 1. Hold a public hearing to consider adoption of Ordinance No. 1264; — 2. Adopt by title only and waive further reading of Ordinance No. 1264,"An Ordinance of the City Council of the City of Brea adopting by reference the 2025 Edition of the California Administrative, Building, Residential, Mechanical, Plumbing, Electrical, Green Building Standards, Energy, Historical Building, and Existing Building Codes, the 2024 Edition of the International Property Maintenance Code, and the 2024 Edition of the International Swimming Pool And Spa Code, together with appendices, amendments, deletions and penalties, amending Title 15 of the Brea City Code, and approving a CEQA Exemption Determination," adopting by reference and amending, Codes comprising the 2025 Edition of the California Building Standards Code, and related “model” codes (collectively “California Code(s)” sometimes herein), the 2024 International Swimming Pool and Spa Code, and the 2024 International Property Maintenance Code; and
— 3. Adopt Resolution No. 2025-061, setting forth required findings for amendments to the 2025 Edition of the California Building Standards Code and related “model” codes (collectively “California Code(s)” sometimes herein), and the 2024 International Swimming Pool and Spa Code, based on local climatic, topographical, and/or geological conditions.

4.C. Second Reading 2025 Fire Code and Wildland Urban Interface Ordinance — 1. Hold a public hearing to consider adoption of Ordinance No. 1265; — 2. Adopt by title only and waive further reading of Ordinance No. 1265, "An Ordinance of the City Council of the City of Brea adopting by reference and Amending the 2025 California Wildland - Urban Interface Code and California Fire Code and Portions of the 2024 International Fire Code, as the City of Brea Fire Code, together with certain amendments, additions, deletions and exceptions, amending Title 16 (Fire Safety) of the Brea City Code, and Approving a CEQA Exemption Determination," adopting by reference and amending the 2025 California Fire Code (CFC) and 2025 California Wildland Urban Interface Code (CWUIC); and — 3. Adopt Resolution No. 2025-062, setting forth required findings for amendments to the 2025 California Fire and Wildland Urban Interface Codes based on local climatic, topographical, and/or geological conditions.

5. ADMINISTRATIVE ITEMS
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."

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

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

6. 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."

6.A. August 19, 2025 Regular City Council Meeting Minutes — 1. Approve.

6.B. Annual Mills Act Compliance Report
— 1. Receive and file the annual Mills Act compliance report. There is no fiscal impact to the General Fund.

6.C. Encroachment, Maintenance, and Restoration Agreement for Main Event at 245 W. Birch St. — 1. Approve the Encroachment, Maintenance, and Restoration Agreement for Main Event at 245 W. Birch St.;
— 2. Authorize the City Manager to execute the Encroachment, Maintenance, and Restoration Agreement and any non-monetary contract amendments and ancillary documents required for implementation of the Encroachment, Maintenance, and Restoration Agreement; and — 3. Authorize the City Clerk to record the Encroachment, Maintenance, and Restoration Agreement. There is no impact to the General Fund resulting from acceptance of this Agreement.

6.D. Approval of Police Mobile Data Computers (MDC), Modems and Peripherals Replacements — 1. Authorize the City’s Procurement & Contracts Administrator to provide a Purchase Order for the purchase of Mobile Data Computers (MDCs), modems, and peripherals for the Police Department; and
— 2. Authorize the City Manager to sign the Professional Services Agreement with Motorola Solutions for $522,924.75. Funding for these purchases has already been appropriated in the current fiscal year.

6.E. Consideration and Approval of Easement Agreements with TPA VI, LLC for the Purchase of the City’s Lease Interests in Wireless Telecommunication Sites at 101 South Brea Boulevard and 400 North Kraemer Boulevard
— 1. Find the below-mentioned Easement Agreements exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3);
— 2. Approve Easement Agreements and related closing documents with TPA VI, LLC (TowerPoint) for purchase of the City’s lease interests in wireless telecommunications sites located at 101 South Brea Boulevard and 400 North Kraemer Boulevard; — 3. Adopt Resolution Nos. 2025-063 and 2025-064 approving execution of the Easement Agreements and authorizing the City Manager to execute such Easement Agreements and all related closing documents upon completion of TowerPoint's title search/commitments as described in Attachment I;
— 4. Authorize the City Manager to administratively make non-substantive revisions to the Easement Agreements and related closing documents as necessary or appropriate; and — 5. Amend the Fiscal Year 2025-27 City’s General Fund (110) Operating Budget to: a.

Appropriate up to $1,785,000 in one-time revenue from the new Easement Agreements; and b.

De-obligate up to $194,075 (for this budget cycle) in revenue due to the new Easement Agreements’ purchase of the City’s interests in the two existing wireless leases.

6.F. Investment Policy Guidelines for the City of Brea's Employee Benefits Fund Pension Plan — 1. Review and approve the Investment Policy Guidelines for the City of Brea’s Employee Benefits Fund Pension Plan through Public Agency Retirement Services (PARS).

6.G. Statement of Investment Policy for the City/Brea Successor Agency to the Brea Redevelopment Agency
— 1. Review and approve the City of Brea/Successor Agency to the Brea Redevelopment Agency Statement of Investment Policy.

6.H. Investment Policy Guidelines for the City of Brea's Other Post Employment Benefits (OPEB) Trust Fund
— 1. Review and approve the Investment Guidelines for the City's Other Post Employment Benefits (OPEB) Trust Fund through Public Agency Retirement Services (PARS).

6.I. Monthly Report of Investments for the City of Brea for Period Ended August 31, 2025 — 1. Receive and file.

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

7. CITY/SUCCESSOR AGENCY - CONSENT

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

8. ADMINISTRATIVE ANNOUNCEMENTS

8.A. City Manager

8.B. City Attorney

8.C. Council Requests

9. COUNCIL ANNOUNCEMENTS

9.A. Council Announcements

10. ADJOURNMENT

10.A. Meeting Adjournment
Date Posted: September 11, 2025
CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 2D.

Comprehensive User Fee Study Update

TO PREPARED BY
Honorable Mayor and City Council Members Alicia Brenner, Budget Manager

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Monica Lo, Administrative Services Director Kristin Griffith, City Manager

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

1. Receive and file the Comprehensive Fee Study.

Attachments
Comprehensive User Fee Study Presentation.pdf
Brea Comprehensive User Fee Study Report.pdf
Comprehensive User Fee Update
City Council Study Session – September 16, 2025
1 Presented by: Tony Thrasher, Willdan Financial Services Prior User Fee Updates
Background
2 August 21, 2018 Updated Certain City Service User Fees (Reso. 2018-048) September 18, 2018* Updated Development Related User Fees (Reso. 2018-053) June 16, 2020 Added City Service User Fees (Reso. 2020-046) June 15, 2021 Added City Service User Fees (Reso. 2021-042) January 18, 2022 Updated Emergency Medical Service Fee (Reso. 2022-001) * Includes a CPI increase; last CPI increase was effective July 1, 2025 • Provide private benefit with limited or no community benefit • State law requires that:
1) individual use of the service must be voluntary, and 2) fees must reasonably relate to the services provided • Fee levels and cost recovery determined through City Council fee adoption • Does not include development impact fees, utility rates, taxes, etc.

What are User Fees?
3 • Subsidies in services impact the City’s General Fund - Private and specific benefit services are subsidized by unobligated fund sources
- Reduces ability to fund general and community benefits • Decreased department funding typically results in understaffing and reduces service quality
• Cost recovery knowledge and planning
- Provides clarity pressures on City resources
- Enables City to strategize and set fees to benefit the City and community - State requirements for reasonable cost-based fees
Why Update User Fees?
4 Unlike a flat or hourly rate fee, developer deposits are established administratively based upon the City’s municipal code 3.32.035.

Which states that the Community Development Director or designee (Director) is hereby authorized to determine the appropriate amount that must be maintained in such deposit until all application processing and related City services for which fees are charged have been completed.

Developer Deposits
5 Determine full cost of providing
services
• Review fee scheduled based on service delivery
• Identify potential new fees (not currently
collected)
• Reduce or remove user fees
• Use fully-burden rates, calculate full cost
recovery
Update fees for services based on cost
analysis
• Incorporate or establish cost recovery goals
- Subsidies allow access to services and
facilitate compliance
• Identify appropriate fee levels that:
- Enhance reasonability and applicability
- Maintain consistency with local policies and
objectives
- Maintain legal compliance with state law
User Fee Objectives & Steps
6 Review and calculate cost of providing services and related user fees charged by the following departments and divisions:
• Administrative Services
• Police Services
• Fire Services (including Fire Prevention and EMS)
• Building
• Planning
• Community Services
• Public Works
Scope of the Study
7 • Primary type of data used:
- Expenditure data
- Staffing structures
- Central service/Indirect overhead
- Productive/Billable hours
- Time estimates to complete tasks
- City/Department input, feedback and policies
• Staff support through the process essential to ensure analysis fidelity Data & City Staff Participation
8 Summary Steps of the Study
9 Model
Development
Data
collection
Build fee
model
Overhead &
FBHR
Calculation
Cost Analysis
Staff meetings
Update fee
schedules
Staffing &
time data
Full cost for
services
Set Cost
Recovery
Current cost
recovery
Target cost
recovery
Fee Study
Report
Create draft
report
Staff report
review
Finalize report
Updated Fee
Adoption
Public
Hearing
• Fully Burden Hourly rates
predominately used to calculate
full cost for fees
• Important to keep in mind all
processes, personnel, cross
department, and indirect support
involved to calculate full cost for
services
Fee Cost Composition
10 Fee or
Service
Jr. Plan
Checker
Building
Official
City
Engineer
City Clerk
Clerical
Staff
Department
Director
• An increase to three (3) user fees
• One (1) user fee recommended to be decreased
• One (1) user fee recommended to be added
• Eight (8) user fees to remain as currently set
• The average fee change would be an increase of 20%
Administrative Services
11 • An increase to 12 user fees
• Six (6) user fees recommended to remain as currently set • The average fee change would be an increase of 45%
Water Utility Billing
12 • Increase to 19 user fees and deposits
• 10 new user fees recommended to be added
• Seven (7) user fees recommended to change from deposit to a flat amount
• Two (2) user fees recommended to change from a set deposit fee amount to a variable based on the project and staff involvement • Six (6) user fees would remain as currently set
• The average fee change would be an increase of 137% for user fees that didn’t change their methodology
Planning
13 • An increase to 47 user fees
• 121 new user fees recommended to be added to better reflect the services that are provided to the public
- Most are not new fees, but deviations of services already provided and a change in the user fee structure from deposit based to flat fees
• Three (3) user fees recommended to decrease
• 12 user fees recommended to remain as currently set
• Seven (7) user fees recommended to a flat fee from a deposit based • Two (2) user fees recommended to change from deposit based determined by Building Official
• The average fee change would be an increase of 84%
Building
14 15
Building

EXAMPLE

ACCESSORY DWELLING UNIT (ADU)
748 SQ.FT. (Two Bedrooms, One Bathroom. Remove Existing Patio Cover 262 Sq.ft) $130,000 (VALUATION)
Description Current Cost (1)
Full Cost
Recovery Cost (2)
Current
Subsidy Level
Hourly Rates
Building Inspection $ 1,934.50 $ - n/a
Engineering Plan Check 427.50- n/a
Fire Plan Check 186.25- n/a
Building Plan Check 812.50- n/a
Planning Plan Check 136.25- n/a
Sub-total $ 3,497.00 $ - n/a
Flat Fees
Building Fee $ - $ 3,743.00 n/a
Electrical Fee- 186.86 n/a
Plumbing Fee- 149.49 n/a
Mechanical Fee- 149.49 n/a
Water Heater 56.00 56.00 0%
Water Closet (toilet) 57.00 57.00 0%
Wash Basin (lavatory) 14.50 14.50 0%
Sink, Kitchen 37.50 37.50 0%
Shower 37.50 37.50 0%
Laundry Tub or Washer (self service) 37.50 37.50 0%
Average Demand 1,110.78 1,110.78 0%
Records Management Fee 13.00 13.00 0%
Green Building Standard 6.00 6.00 0%
Seismic Fee- Residential 16.90 16.90 0%
Technology Fee 91.00 227.50 150%
Permit Issuance 40.00 94.00 135%
Sub-total $ 1,517.68 $ 5,937.02 n/a
TOTAL $ 5,014.68 $ 5,937.02
Cost Recovery Increase $ 922.34
(1) Current cost based upon user fee rates effective July 1, 2025 (2) Based upon the recommended user fee amount from Draft User Fee Report • A cost recovery was analyzed for Community Services and information was shared with the department.
• No Community Services fees are recommended to be changed with this study as user fees were updated and approved by the Cultural Arts Committee (CAC) and the Parks, Recreation and Human Services Committee (PRHS) in May 2025 for the FY 2025-27 Operating Budget.

Community Services
16 • An increase to eight (8) user fees
• Six (6) user fees recommended to be decreased
• 12 restructured user fees recommended to be added
• One (1) user fee recommended to remain as currently set • The average fee change would be an increase of 42%
Fire
17 • An increase to eight (8) user fees
• 12 user fees recommended to remain as currently set
• The average fee change would be an increase of 13%
Police
18 • An increase to 15 user fees
• 36 restructured user fees recommended to be added
• Three (3) user fees recommended to change to deposit based • Four (4) user fees recommended to remain as currently set • The average fee change would be an increase of 97%
Public Works
19 • General standard: Individuals or groups who receive a private benefit from a service should pay 100% of cost
• In certain situations, subsidization is an effective public policy tool:
- Encourage participation and provide access to services - Promote compliance when cost is prohibitive to residents • Recommend that City utilize inflation factor to annually adjust user fees based upon CPI, MOU or another factor
• Comprehensive analysis every 5 years
Policy Discussion
20 Tonight Feedback and discussion of draft Comprehensive User Fee Study Report including subsidy levels
Week of October 6 City Clerk issues public hearing notices and issues user fee notification mailers
October 21, 2025 Public hearing to adopt recommended user fees January 1, 2026 Effective date of adopted user fees (60 days or more following approval)
Next Steps
21 • Provide direction on user fee recommendations;
• Consider a CPI inflator annually; and
• Direct staff to issue public hearing notice for the Tuesday, October 21, 2025 City Council Meeting.

Recommendation
22 City of Brea
User Fee Study
i Comprehensive User Fee Study

TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................. i Executive Summary .................................................................................................. 1 User Fee Background ............................................................................................... 2 Background .................................................................................................................................................. 2 California User Fee History .......................................................................................................................... 2 Additional Policy Considerations ................................................................................................................. 3 Study Objective ....................................................................................................... 4 Scope of the Study ....................................................................................................................................... 4 Aim of the Report......................................................................................................................................... 5 Project Approach and Methodology ........................................................................... 6 Conceptual Approach................................................................................................................................... 6 Fully Burdened Hourly Rates........................................................................................................................ 6 Summary Steps of the Study ........................................................................................................................ 7 Allowable Costs ............................................................................................................................................ 7 Methodology ................................................................................................................................................ 8 Quality Control/Quality Assurance .............................................................................................................. 8 Reasons for cost increases/decreases over current fees............................................................................. 8 City Staff Contributions ................................................................................................................................ 9 Brea User Fees ...................................................................................................... 10 Cost Recovery............................................................................................................................................. 10 Subsidization .............................................................................................................................................. 10 Impact on Demand (Elasticity) ................................................................................................................... 11 Summary .................................................................................................................................................... 11 Administrative Services .......................................................................................... 12 Analysis ...................................................................................................................................................... 12 Water Utility Billing ............................................................................................... 13 Analysis ...................................................................................................................................................... 13 Planning ............................................................................................................... 14 Analysis ...................................................................................................................................................... 14 Building ................................................................................................................ 15 ii Comprehensive User Fee Study
Analysis ...................................................................................................................................................... 15 Community Services ............................................................................................... 16 Analysis ...................................................................................................................................................... 16 Fire ...................................................................................................................... 17 Analysis ...................................................................................................................................................... 17 Police ................................................................................................................... 18 Analysis ...................................................................................................................................................... 18 Public Works ......................................................................................................... 19 Analysis ...................................................................................................................................................... 19 Appendix A – Total Allowable Cost to be Recovered .................................................. 20 Appendix B – Fully Burdened Hourly Rates ............................................................... 21 Appendix C – Cost Recovery Analysis ....................................................................... 27

1 Comprehensive User Fee Study
Executive Summary
The City of Brea engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed a variety of fee methodologies to identify the full costs of individual fee and program activities. This report and the appendices herein identify recommended cost recovery for City Services as well as the full cost recovery amount. Appendix C details the full cost and suggested fees as determined through discussion with departmental staff. The recommended fees identified herein are either at or less than full cost recovery.

2 Comprehensive User Fee Study
User Fee Background
Background
As part of a general cost recovery strategy, local governments adopt user fees to fund programs and services that provide limited or no direct benefit to the community as a whole (“User Fees”). As cities struggle to maintain levels of service and variability of demand, they have become increasingly aware of subsidies provided by the General Fund and have implemented cost-recovery targets. To the extent that governments use general tax monies to provide individuals with private benefits, and not require them to pay the full cost of the service (and, therefore, receive a subsidy), the government is limiting funds that may be available to provide other community-wide benefits. In effect, the government is using community funds to pay for private benefits. Unlike most revenue sources, cities have more control over the level of user fees they charge to recover costs, or the subsidies they can institute.

Fees in California are required to conform to the statutory requirements of the California Constitution, Proposition 218, Proposition 26, and the California Code of Regulations. The Code also requires that the City Council adopt fees by either ordinance or resolution, and that any fees in excess of the estimated total cost of rendering the related services must be approved by a popular vote of two-thirds of those electors voting because the charge would be considered a tax and not a fee. There are no fees suggested to be set above the cost of service and as such a public vote is not required.

California User Fee History
Before Proposition 13, in times of fiscal shortages, California cities were able to raise property taxes, which funded everything from police and recreation to development-related services. However, this situation changed with the passage of Proposition 13 in 1978.

Proposition 13 established the era of revenue limitation in California local government. In subsequent years, the state saw a series of additional limitations to local government revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees. As a result, cities were required to secure a supermajority vote to enact or increase taxes. Due to the thresholds needed to increase local taxes, cities have less control and very few successful options for new revenues. The State of California took a series of actions in the 1990’s and 2000’s to improve the State’s fiscal situation, at the expense of local governments. In 2004-05, the Educational Revenue Augmentation Funds (“ERAF”) takeaway of property taxes and the reduction of Vehicle License Fees further reduced local tax revenues.

In addition, on November 2, 2010, California voters approved Proposition 26, the “Stop Hidden Taxes Initiative”, which is aimed at defining “regulatory fees” as a special tax rather than a fee, thus requiring approval by two-thirds vote of local voters. These regulatory fees are typically intended to mitigate the societal and environmental impacts of a business or person’s activities. Proposition 26 contains seven categories of exceptions. The fees analyzed as part of a User Fee study typically fall under categories one through five consisting of charges for specific benefits, government service, regulatory need, for use of government property, or a fine/penalty.
3 Comprehensive User Fee Study
Additional Policy Considerations
State regulations require that municipalities update their fee schedules to reflect the actual costs of certain public services primarily benefiting users. User Fees recover costs associated with the provision of specific services benefiting the user, thereby typically reducing the use of General Fund monies for such purposes.

In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover reasonable support costs. Support costs are those costs relating to a local government’s central service departments that are allocable to the local government’s operating departments. Central services support cost allocations were incorporated using the resulting indirect overhead percentages determined through the City’s Cost Allocation Plan. A Cost Allocation Plan identifies the central service functions of the City such as Finance, City Manager, and Human Resources and allocates their cost to the departments and funds of the City that they support. This plan was used in the User Fee study to account for the burden placed upon central services by the operating departments to allocate a proportionate share of central service cost through the study.

As labor effort and costs associated with the provision of services fluctuate over time, a significant element in the development of any fee schedule is that it has the flexibility to remain current. Therefore, it is recommended that the City include an inflationary factor in the resolution adopting the fee schedule to allow the City to annually increase or decrease the fees by changes in a pre-approved inflationary index, as described below. However, such inflationary increases shall not exceed the reasonable estimated cost of providing the services each year.

The City may employ many different inflationary factors. The most commonly used inflator is some form of the Consumer Price Index (CPI) as it is widely well known and accepted. A similar inflator is the implicit price deflator for GDP, which is much like the CPI except that while the CPI is based on the same “basket” of goods and services every year, the price deflators’ “basket” can change year to year. Since the primary factor for the cost of a City’s services is usually the costs of the personnel involved, tying an inflationary factor that connects more directly to the personnel costs can also be suitable if there is a clear method, or current practice of obtaining said factor.

Each City should use an inflator that they believe works the best for their specific situation and needs but cannot rely solely on the CPI increase as it is incumbent upon each agency to ensure the amount of the fees charged does not exceeds the reasonable estimated costs of providing the services. It is also recommended that the City perform this internal review annually with a comprehensive review of services and fees performed every five years, which would include adding, amending, or removing fees for programs/services.
4 Comprehensive User Fee Study
Study Objective
As the City of Brea seeks to efficiently manage limited resources and adequately respond to increased service demands, it needs a variety of tools. A User Fee Study provides assurance that the City has the best information and the best resources available to make sound decisions, fairly and legitimately set fees, maintain compliance with state law and local policies, and meet the needs of the City administration and its constituency. Given the limitations on raising revenue in local government, the City recognizes that a User Fee Study is a very cost-effective way to understand the total cost of services and identify potential fee deficiencies. Essentially, a User Fee is a payment for a requested service provided by a local government that primarily benefits an individual or group. Penalties and fines are violations, and should be set to deter activities, and are not based on the cost of a service.

The total cost of each service included in this analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct departmental costs, and indirect costs from central service support. This study determines the full cost recovery fee for the City to provide each service; however, each fee is set at the City’s discretion, up to 100% of the total cost, as specified in this report.

The principal goal of the study was to help the City determine the full cost of the services that the City provides. In addition, Willdan established a series of additional objectives including:
 Developing a rational basis for setting fees
 Align development related fee structures to assign flat fee(s) for less complex projects and retain deposit based fees for more complex projects
 Identifying subsidy amount, if applicable, of each fee in the model  Ensuring compliance with State law
 Developing an updatable and comprehensive list of fees  Maintaining accordance with City policies and goals
The study results will help the City better understand its true costs of providing services and may serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations that require individualized services from the City.

Scope of the Study
The scope of this study encompasses a review and calculation of the user fees charged by the following Brea departments and fee groups:
 Administrative Services
 Water Utility Billing
 Planning
 Building
 Community Services
 Fire
 Police
 Public Works
5 Comprehensive User Fee Study
The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs (fees) or program cost recovery levels.

Aim of the Report
The User Fee Study focused on the cost of City services, as City staff currently provide them at existing, known, or reasonably anticipated service and staff level needs. This report provides a summary of the study results, and a general description of the approach and methods Willdan and City staff used to determine the recommended fee schedule. The report is not intended to document all the numerous discussions throughout the process, nor is it intended to provide an influential dissertation on the qualities of the utilized tools, techniques, or alternative approaches.

6 Comprehensive User Fee Study
Project Approach and Methodology
Conceptual Approach
The basic concept of a User Fee Study is to determine the “reasonable cost” of each service provided by the City for which it charges a user fee. The full cost of providing a service may not necessarily become the City’s fee, but it serves as the objective basis as to the maximum amount that may be collected.

The standard fee limitation established in California law for such fees is the “estimated, reasonable cost” principle. To maintain compliance with the letter and spirit of this standard, every component of the fee study process included a related review. The use of budget figures, time estimates, and improvement valuation clearly indicates reliance upon estimates for some data.

Fully Burdened Hourly Rates
The total cost of each service included in this analysis is primarily based on the Fiscal Year 2024-2025 Fully Burdened Hourly Rates (FBHRs) that were determined for City personnel directly involved in providing services. The FBHRs include not only personnel salary and benefits (see Appendix B), but also any costs that are reasonably ascribable to personnel. The cost elements that are included in the calculation of fully burdened rates are:
 Salaries & benefits of personnel involved
 Operating costs applicable to fee operations
 Departmental support, supervision, and administration overhead  Central service overhead costs allocated through the Cost Allocation Plan A key factor in determining the fully burdened rate is in the calculation of productive hours for personnel.

This calculation takes the available workable hours in a year of 2,080 and adjusts this figure to 1,650 productive or billable hours to account for calculated or anticipated hours’ employees engage in nonbillable activities such as paid vacation, sick leave, holidays, and other considerations, as necessary. Dividing the full cost, including overhead, of a position by the number of productive hours provides the FBHR.

The FBHRs are then used in conjunction with time estimates, when appropriate for how a service is provided, to calculate a fee’s cost based on the personnel and the amount of their time providing each service.
7 Comprehensive User Fee Study
Summary Steps of the Study
The process of the study is straightforward and simple in concept. The following list provides a summary of the study process steps:

Allowable Costs
This report identifies three types of costs that, when combined, constitute the fully burdened cost of a service (Appendix A). Costs are defined as
direct labor, including salary and benefits,
departmental overhead costs, and the City’s
central services overhead, where
departmental and central service overhead
costs constitute support costs. These cost
types are defined as follows:
 Direct Labor (Personnel Costs): The
costs related to staff salaries for
time spent directly on fee-related
services.
 Departmental Overhead: A
proportional allocation of
departmental overhead costs,
including operation costs such as
supplies and materials that are necessary for the department to function.  Central Services Overhead: These costs, as provided via the City’s Cost Allocation Plan, represent services provided by those Central Services Departments whose primary function is to support other City departments.

Data Analysis
Department Interviews
Time Estimates
Labor Costs
Cost Allocation Plan
Building Cost Layers
Direct Services
Indirect Services
Department Overhead
City-Wide Overhead
Set Fees
Define the Full Cost of
Services
Set Cost Recovery Policy
8 Comprehensive User Fee Study
Methodology
The two methods of analysis for calculating fees used in this report are the:

Case Study Method (Standard Unit Cost Build-Up Approach): This approach estimates the actual labor and material costs associated with providing a unit of service to a single user. This analysis is suitable when City staff time requirements do not vary dramatically for a service, or for special projects where the time and cost requirements are easy to identify at the project’s outset. Further, the method is effective in instances when a staff member from one department assists on an application, service or permit for another department on an as-needed basis. Costs are estimated based upon interviews with City staff regarding the time typically spent on tasks, a review of available records, and a time and materials analysis.

Program Cost Approach: In some instances, the underlying data is not available or varies widely, leaving a standard unit cost build-up approach impractical. In addition, market factors and policy concerns (as opposed to actual costs) tend to influence rental based fee levels more than other types of services. Willdan employed a different methodology where appropriate to fit a program’s needs and goals. Typical programmatic approach cases are valuation-based fees, Recreation programs, and instances where a program cost is divided over the user base to obtain a per applicant cost for shared cost services.

Quality Control/Quality Assurance
All study components are interrelated, thus flawed data at any step in the process will cause the ultimate results to be inconsistent and unsound. The elements of our Quality Control process for User Fee calculations include:
 Involvement of knowledgeable City staff
 Clear instructions and guidance to City staff
 Reasonable tests and validation
 Internal and external reviews
 Cross-checking
Reasons for cost increases/decreases over current fees
Within the fee tables in Appendix C, the differences are identified between the full costs calculated through the study and the fee levels currently in effect. The reasons for differences between the two can arise from a number of possible factors including:
 Previous fee levels may have been set at levels less than full cost intentionally, based on policy decisions
 Position staffing levels, seniority, and the positions that complete fee and service activity may vary from when the previous costs were calculated
 Personnel and materials costs could have increased at levels that differed from any inflationary factors used to increase fees since the last study
 Changes in processes and procedures within a department, or the City as a whole 9 Comprehensive User Fee Study
 Changes in the development fee structure with a shift from deposit based fees to flat fee structure for less complex projects and more complex projects to remain as a deposit based fee structure  Changes in the demand for services in a City may have also changed the staffing or cost structure of departments over time
Deposit based fees are established administratively based upon Municipal Code 3.32.035. Which states the following:
 The Community Development Director or designee (Director) is hereby authorized to determine the appropriate amount that must be maintained in such deposit until all application processing and related city services for which fees are charged have been completed. In estimating the required amount of funds to be deposited, the Director may utilize reasonable assumptions and shall consider determination of approximate amount based upon the amount of time historically spent on similar projects, and/or the likely expenditure estimates of staff time for the pending application based upon reasonable assumptions of the Director.  Source: https://codelibrary.amlegal.com/codes/brea/latest/brea_ca/0-0-0-59198 City Staff Contributions
As part of the study process, Willdan received tremendous support and cooperation from City staff, which contributed and reviewed a variety of components to the study, including:
 Budget and other cost data
 Staffing structures
 Fee and service structures, organization, and descriptions  Direct work hours (billable/non-billable)
 Time estimates to complete work tasks
 Review of draft results and other documentation
A User Fee Study requires significant involvement of the managers and line staff from the departments on top of their existing workloads and competing priorities. The contributions from City staff were critical to this study. We would like to express our appreciation to the City and its staff for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation. 10 Comprehensive User Fee Study
Brea User Fees
Cost Recovery
The cost recovery models, by department/division fee type, are presented in detail in Appendix C. Full cost recovery is determined by summing the estimated amount of time each position (in increments of minutes or hours) spends to render a service. Time estimates for each service rendered were obtained through interviews conducted with City staff for each department/division fee included in the study. The resulting cost recovery amount represents the total cost of providing each service. The City’s current fee being charged for each service, if applicable, is provided in this section, as well, for reference.

It is important to note that the time data used to determine the amount of time each employee spends assisting in the provision of the services listed on the fee schedule is essential in identifying the total cost of providing each service and will differ from City to City depending on staffing, positions involved, experience of staff, the use of consultants, and the policies and procedures in place for each City.

Specifically, in providing services, a number of employees are often involved in various aspects of the process, spending anywhere from a few minutes to several hours on the service.

The primary goal of this study was to identify the cost of City services and identify a development fee structure that would streamline the fee collection process. Less complex and routine requests to be set up as a flat fee whereas more complexity requires a deposit, to provide information to help the City make informed decisions regarding the actual fee levels and charges. The responsibility of determining the final fee levels is a complicated task. City staff must consider many issues in formulating recommendations, and the City Council must consider those same issues and more in making the final decisions.

City staff assumes the responsibility to develop specific fee level recommendations to present to the City Council. Unfortunately, there are no fixed rules to guide the City, since many of the considerations are based on the unique characteristics of the City of Brea, and administrative and political discretion. However, in setting the level of full cost recovery for each fee, one should consider whether the service solely benefits one end user or the general community.

Subsidization
Recalling the definition of a user fee helps guide decisions regarding subsidization. The general standard is that individuals (or groups) who receive a wholly private benefit should pay 100% of the full cost of the services. In contrast, services that are simply public benefit should be funded entirely by the general fund’s tax dollars. Unfortunately, for the decision makers, some services fall into the range between these two extremes.

Further complicating the decision, opponents of fees often assert that the activities subject to the fees provide economic, cultural, “quality of life,” or other community benefits that exceed the costs to the City, but it is important to distinguish the difference between any purported possible benefits that may be conveyed through the result of activities of the service receiver and the direct benefit being conveyed through the City providing the service to the requestor.

It is recommended the City consider such factors during its deliberations regarding appropriate fee levels. 11 Comprehensive User Fee Study
Of course, subsidization can be an effective public policy tool since it can be used to reduce fees to encourage certain activities (such as to ensure public safety) or allow some people to be able to afford to receive services they otherwise could not at the full cost. In addition, subsidies can be an appropriate and justifiable action, such as to allow citizens to rightfully access services, without overburdensome costs.

Despite the intent, it is important for the City and public to understand that subsidies must be covered by another revenue source, typically the General Fund’s other unrestricted funds.

Impact on Demand (Elasticity)
Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually curtail the demand for the services; whereas lower fees may spark an incentive to utilize the services and encourage certain actions. Either of these conditions may have a desirable effect to the City. However, the level of the fees that would cause demand changes is largely unknown. The cost of service study did not attempt to evaluate the economic or behavioral impacts of higher or lower fees; nevertheless, the City should consider the potential impacts of these issues when deciding on fee levels.

Summary
City staff are recommending setting user fees at suggested fee amounts as detailed in Appendix C. City and departmental goals, City Council priorities, policy initiatives, past performance, implementation issues, and other internal and external factors should influence staff recommendations and City Council decisions.

In this case, the proper identification of additional services (new or existing services) and the update to a consistent and comprehensive fee schedule were the primary objectives of this study. City staff have reviewed the full costs and identified the recommended fee levels for consideration by City Council.

The following sections provide background for each department, division, and fee group and the results of this study’s analysis of their fees. For the full list of each fee’s analysis, refer to Appendix C of this report. 12 Comprehensive User Fee Study
Administrative Services
The Administrative Services Department consists of five divisions: Administration, Revenue, Budget, Accounting and Auditing and Information Technology. The department is responsible for the fiscal affairs of the City and the Brea Public Financing Authority. This includes the handling and investment of cash, procurement of goods and services, disbursement of money, billing of utilities, recording of all transactions, preparation of payroll, preparation and maintenance of the budget and general ledger, and safeguarding the financial assets and financial records of the City. Furthermore, the Administrative Services Department serves as liaison to the Finance Committee and the Investment Advisory Committee.

The department also provides information technology services to the entire City organization as well as contracted client agencies through the Information Technology Division’s entrepreneurial base. Supporting all City departments, including public safety, requires staying abreast of current technology trends, security enhancements and changes to regulatory requirements while maintaining high levels of customer service to both internal and external customers. The division is comprised of the following programs: internal support, application support, external support, and geographic information system support.

Analysis
Willdan individually reviewed the services associated with the Administrative Services Department. The review also consisted of an evaluation of existing services to update the fee schedule.

Many of the fees and services listed under Administrative Services are licenses, regulated fees, or fees not otherwise recommended to be changed. For the user fees evaluated as part of this study the analysis relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most fees are currently set below the full cost of providing service. Staff is recommending the fees be adjusted as detailed in Appendix C. As a result, there would be:
 An increase to 3 fees;
 1 fee would decrease;
 1 new Service fee would be added;
 8 fees would remain as currently set, and;
 the average fee change would be an increase of 20%.
13 Comprehensive User Fee Study
Water Utility Billing
The Water Division and Utility Billing Division are responsible for the city’s potable water system, including backflow prevention and water quality issues. Water service is established as part of City of Brea Utilities.

Analysis
Willdan individually reviewed the services and programs associated with Water Utility Billing. The review also consisted of an evaluation of existing services to update the fee schedule.

The analysis of Water Utility Billing services relied primarily upon a standard unit cost build-up approach for user fees, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. No utility rates are included in the fee schedules included in this report, and no analysis was done on any utility rates. The analysis of the user fees found that current fees are under funding the cost for most of the services. Staff is recommending the fees be adjusted as detailed in Appendix C. As a result, there would be:
 An increase to 12 fees;
 6 fees would remain as currently set, and;
 the average fee change would be an increase of 45%.
14 Comprehensive User Fee Study
Planning
The Brea Planning Division is a vital part of the Community Development Department. Planning supports the life and business of the city by assuring that structures and amenities related to the built environment are well-functioning and of good quality. A dedicated professional team works with property owners and developers to help craft projects that will meet high standards. They also work to coordinate these projects in their early stages with neighbors so that proposed new construction or modifications to the property will be compatible with existing uses.

Analysis
Willdan individually reviewed the services and programs associated with the Planning Division. The review also consisted of an evaluation of existing services to update the fee schedule.

The analysis of Planning services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most current fees are under funding the cost for most of the services. In addition, Planning currently utilizes deposits for most services, and the city invoices against those deposit accounts to collect the full cost of service based upon City Council approved fully burdened hourly rates.

Staff is recommending the fees be adjusted as detailed in Appendix C. As a result, there would be:
 An increase to 19 fees and deposits;
 10 new fees will be added;
 7 fees would change from deposit to a flat amount;
 2 fees would change from a set deposit fee amount to be variable based on the project and staff involvement;
 6 fees would remain as currently set, and;
 the average fee change would be an increase of 137% for fees that didn’t change their methodology (change from the current unit to a different unit in the Planning fee table). 15 Comprehensive User Fee Study
Building
The Building & Safety Division is committed to protecting the lives and safety of the residents and visitors of Brea, preserving the City’s quality of life, and contributing to the City’s economic development. This is accomplished through the implementation of the building, plumbing, mechanical, electrical, and energy codes, as well as code enforcement regulation of local and state laws for all buildings in the City of Brea. The Division provides plan review and field inspections of buildings to ensure a safe, accessible, and energyefficient environment throughout our community. The Division regulates local and state laws related to building construction, maintenance, use, repair, and rehabilitation. The Division also manages the City’s permit system which coordinates and streamlines the construction permit process. Applications for construction projects are submitted to the Building & Safety Division where the review process is coordinated among several departments. This provides the customer with a comprehensive single point of contact throughout the entire review and permit process.

Analysis
Willdan individually reviewed the services and programs associated with the Building Division. The review also consisted of an evaluation of existing services to update the fee schedule.

The analysis of Building services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most current fees are under funding the cost for most of the services. Staff is recommending the fees be adjusted as detailed in Appendix C. As a result, there would be:
 An increase to 47 fees;
 121 new fees will be added to better reflect the services that are provided to the public; o Most are not new fees, but deviations of services already provided and a change in the fee structure from deposits to flat fees.
 3 fees would decrease;
 12 fees would remain as currently set;
 7 fees would change to a flat fee from a deposit based;  2 fees would change to deposit based from a to be determined by Building Official fee, and;  the average fee change would be an increase of 84% for current fees. 16 Comprehensive User Fee Study
Community Services
The Community Services Department creates community in the City of Brea through people, parks, and programs. It plays an important role in creating a healthy community through diverse and innovative recreation, special interests, cultural arts, human services, and senior programming. The Community Services Department provides space to learn and play, space to be safe and secure, and space to create and imagine.

The functions of the Community Services Department are assigned to five major areas: Administrative Division, Community Center, Recreation Services Division, Cultural Arts Division, and Human Services Division. In addition, Community Services is charged with the design and development of new facilities and parks, and other recreational elements within the community. The Department serves as the staff liaison to the Parks, Recreation and Human Services Commission, the Cultural Arts Commission, the Senior Center Leadership Council, the Olinda Oil Museum and Trail Task Force, the Student Advisory Board, and the Art in Public Places Committee. Through its five major areas and work with its Commissions, Boards, and Council, the Community Services Department supports all of the City’s Operational Goals.

Analysis
A cost recovery was analyzed for the Community Services Department and is about 16%. No Community Service fees would be changed as a result of this study.

Div Division Description
FY 2024-25
Adopted
Budget
Avg Revenues
FY19/20-
FY22/23
Division
Direct Cost
Recovery
Admin
Allocation
Department
Cost
Recovery
Indirect
Allocation
(22%)
Fully
Burdened
Cost Recovery
4145 CONTRACT CLASSES $224,944 $159,546 71% $133,517 45% $54,564 39% 4154 FACILITY RESERVATIONS $501,404 $378,924 76% $297,611 47% $121,624 41% 4215 FITNESS/WELLNESS PROGRAM $541,665 $352,891 65% $321,508 41% $131,390 35% 4217/4425 TEEN PROGRAMS/ACTIVITIES/PRESCHOOL $398,985 $151,609 38% $236,819 24% $96,780 21% 4224 KID WATCH $167,477 $17,545 10% $99,407 7% $40,624 6% 4421 SPECIAL EVENTS $307,645 $113,029 37% $85,137 29% $59,788 25% 4422 AQUATICS $357,862 $137,060 38% $212,411 24% $86,805 21% 4424 ATHLETICS $473,600 $160,388 34% $281,107 21% $114,880 18% 4428 YTH SUMMER ACTIV/DAY CAMP $275,788 $112,967 41% $163,695 26% $66,897 22% 4429 AFTER SCHOOL PROGRAM $285,755 $0 0% $169,611 0% $69,315 0% 4521 SENIOR SERVICES (CENTER) $891,541 $26,620 3% $246,724 2% $173,264 2% 4523 BREA RESOURCE CENTER $490,270 $45,574 9% $135,677 7% $95,280 6% 4525 TRANSPORTATION PROGRAM $109,512 $23,804 22% $14,771 19% $18,918 17% 4541 GALLERY $445,098 $69,154 16% $123,176 12% $86,501 11% 4542 THEATRE $958,406 $304,688 32% $129,273 28% $165,564 24% TOTAL COMMUNITY SERVICES DEPARTMENT $9,080,396 $2,113,876 23% $2,650,444 18% $1,382,194 16% 17 Comprehensive User Fee Study
Fire
The Fire department provides the delivery of life safety services by providing 24-hour emergency response to a wide variety of critical situations, including fires, explosions, hazardous materials incidents, medical emergencies, accidents, and miscellaneous public assistance requests. The department consists of three divisions: Administration, Fire Operations and Fire Prevention.

Analysis
Willdan individually reviewed the services and programs associated with the Fire Department. The review also consisted of an evaluation of existing services to update the fee schedule.

The analysis of Fire services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most of the current fees are underfunding the cost of most of the services.

Staff is recommending the fees be adjusted as detailed in Appendix C. As a result, there would be:
 An increase to 8 fees;
 6 fees would decrease;
 12 new restructured fees will be added;
 1 fee would remain as currently set, and;
 the average fee change would be an increase of 42% for current fees.

18 Comprehensive User Fee Study
Police
The Brea Police Department provides a full range of services to the City of Brea. The police department provides services to a total residential population of approximately 47,000 and a daylight population of approximately 125,000. The department deploys its personnel in two divisions: Support Services and Operations. In conjunction with the police department’s policing philosophy, each division will expand the use of crime analysis information to identify crime trends within our communities in an effort to better deploy our resources, prevent and reduce crime, and apprehend criminals. The department’s mission statement serves as a guide toward enhancing public safety within the community of Brea. The department further commits itself to collaborative decision-making, shared organizational values, and individual meaning in the workplace.

Analysis
Willdan individually reviewed the services and programs associated with the Police Department. The review also consisted of an evaluation of existing services to update the fee schedule.

The analysis of Police services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City central services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that the current fees are under funding the cost for most of the services. Staff is recommending the fees be adjusted as detailed in Appendix C, with no increase being greater than full cost or 50% whichever is less. As a result, there would be:
 An increase to 8 fees;
 12 fees would remain as currently set, and;
 The average fee change would be an increase of 13%.
19 Comprehensive User Fee Study
Public Works
The Public Works Department provides a wide range of services to the community. Services include operations and maintenance of the public right-of-way and City facilities; design and construction of capital improvement projects; operations and maintenance of City utilities; oversight of sustainability practices; and support of various community activities throughout the year.

The Department utilizes a multi-disciplinary approach, combining City staff and outside contractors to provide the community with the most cost-effective and productive services. The Public Works Department consists of seven divisions, each with its specific area of responsibility and duties.

The Engineering Division is responsible for the design and construction of infrastructure, issuing Public Works permits, performing inspections, and administration of both the City’s Transportation Program and the Capital Improvement Program and coordinates with the Street Division to manage the National Pollutant Discharge Elimination System (NPDES), Water Conservation programs, and Fats, Oils & Greases (FOG) programs. This division also supports other City Departments seeking construction and project management expertise and assistance.

Analysis
Willdan individually reviewed the services and programs associated with the Public Works Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.

The analysis of Public Works Department relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services.

Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most fees are currently set below the full cost of providing service. It is recommended that the City set Public Works fees at the levels detailed in Appendix C. As a result, there would be:
 an increase to 15 fees;
 36 new restructured fees would be added;
 3 fees will change from varies to a deposit;
 4 fees would remain as currently set, and;
 the average estimated increase would be around 97% for current fees. 20 Comprehensive User Fee Study
Appendix A – Total Allowable Cost to be Recovered
Below are the total allowable costs that may be recovered through User Fees; however, only a portion of the total allowable cost is recovered as staff not only works on services related to User Fees, but also works on an array of other City functions during the operational hours of the City. The direct overhead percentages below are derived by dividing operational costs by personnel cost. The indirect allocation percentages are provided through the Cost Allocation Plan. The amounts listed below will not reconcile to City budgets as costs that should not be included in overhead for personnel in the application of determining fully burdened hourly rates were excluded. Examples of these costs are capital, debt, monetary transfers, contract costs, and other costs that are charged directly to the service requestor.

City of Brea - User Fee Study
Overhead Rate Calculations (based on FY 2024-2025 data) Department
Total Employee
Services
Department
Operations &
Administration
Direct
Overhead %
Internal
Service
Overhead %
Cost
Allocation
Overhead %
110: ADMINISTRATIVE SERVICES 396,242 74,153 19% 24% 0%
110: CITY ACCOUNTING 807,546 19,192 2% 15% 0%
110: CITY MANAGER'S OFFICE 1,007,372 50,005 5% 14% 0%
110: COMMUNITY DEVELOPMENT 2,586,978 195,735 8% 17% 27% 110: COMMUNITY SERVICES 5,532,022 738,405 13% 40% 22%
110: COUNCIL SUPPORT 436,976 125,720 29% 16% 0%
110: FIRE SERVICES 8,155,249 800,489 10% 15% 9%
110: MEDIA SERVICES/GRAPHICS 251,442 15,680 6% 30% 0%
110: POLICE SERVICES 23,471,543 1,185,502 5% 15% 9%
110: PUBLIC INFORMATION 428,895 113,457 26% 13% 0%
110: PUBLIC WORKS 3,160,996 1,052,609 33% 23% 35%
174: PARAMEDIC SERVICES 6,108,886 134,236 2% 12% 8%
280: HOUSING SUCCESSOR 168,999 92,048 54% 12% 13%
420: WATER UTILITY 2,290,768 629,387 27% 23% 22%
430: SEWER UTILITY 879,608 148,855 17% 25% 18%
440: SANITATION & ST SWEEPING 419,782 87,016 21% 46% 19% 21 Comprehensive User Fee Study
Appendix B – Fully Burdened Hourly Rates
Below are fully burdened hourly rates (FBHR’s) of staff positions that provide for the services detailed in Appendix C. The FBHR’s were used to determine the full cost of each service. They include the salary and benefit costs for each position as well as all applicable overhead amounts for each position as determined by the department they are assigned to. Refer previously to Appendix A for identifying the percentage overheads for each department. For any user fee service request that is outside the scope of the fees detailed in Appendix C, or for services for which there is no fee currently set, the City can notify and charge up to the full cost of the personnel, third party, or material cost involved to the service requestor. 22 Comprehensive User Fee Study
City of Brea - User Fee Study
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
110: CITY ACCOUNTING Accounting: Accounting Technician I $42.80 110: CITY ACCOUNTING Accounting: Accounting Technician II $87.64 110: CITY ACCOUNTING Accounting: Deputy Director of Administrative Services $228.51 110: CITY ACCOUNTING Accounting: Financial Services Manager $182.27 110: CITY ACCOUNTING Accounting: Fiscal Specialist $90.57 110: CITY ACCOUNTING Accounting: Senior Accountant $117.96 110: ADMINISTRATIVE SERVICES Admin: Deputy City Manager/Director $304.86 110: ADMINISTRATIVE SERVICES Admin: Deputy Director of Administrative Services $281.93 110: ADMINISTRATIVE SERVICES Admin: Executive Assistant $101.90 110: ADMINISTRATIVE SERVICES Admin: Senior Management Analyst $168.59 110: COMMUNITY DEVELOPMENT CD: Administrative Clerk II $84.60 110: COMMUNITY DEVELOPMENT CD: Assistant Planner $129.72 110: COMMUNITY DEVELOPMENT CD: Building Official $189.00 110: COMMUNITY DEVELOPMENT CD: City Planner $249.38
110: COMMUNITY DEVELOPMENT CD: Combination Inspector II $119.78 110: COMMUNITY DEVELOPMENT CD: Community Development Specialist $91.82 110: COMMUNITY DEVELOPMENT CD: Deputy City Manager/Director $376.46 110: COMMUNITY DEVELOPMENT CD: Economic Development Manager $189.75 110: COMMUNITY DEVELOPMENT CD: Executive Assistant $122.05 110: COMMUNITY DEVELOPMENT CD: Junior Plans Checker $118.59 110: COMMUNITY DEVELOPMENT CD: Management Analyst I $116.19 110: COMMUNITY DEVELOPMENT CD: Permit Technician $93.55 110: COMMUNITY DEVELOPMENT CD: Planning Technician $85.97 110: COMMUNITY DEVELOPMENT CD: Senior Management Analyst $161.74 110: COMMUNITY DEVELOPMENT CD: Senior Planner $161.73
110: CITY MANAGER'S OFFICE CM: City Manager $355.80
110: CITY MANAGER'S OFFICE CM: Deputy City Manager/Director $273.53 110: CITY MANAGER'S OFFICE CM: Emergency Preparedness Coordinator $138.78 110: CITY MANAGER'S OFFICE CM: Executive Assistant $93.22 110: CITY MANAGER'S OFFICE CM: Management Analyst I $94.93 110: CITY MANAGER'S OFFICE CM: Senior Management Analyst $123.80 110: COUNCIL SUPPORT Council Support: City Clerk $223.55 110: COUNCIL SUPPORT Council Support: City Clerk Specialist $84.52 110: COUNCIL SUPPORT Council Support: Deputy City Clerk/Records Supervisor $151.27 110: COMMUNITY SERVICES CS: Community Services Director $416.66 110: COMMUNITY SERVICES CS: Community Services Specialist I $102.71 110: COMMUNITY SERVICES CS: Community Services Specialist II $128.17 110: COMMUNITY SERVICES CS: Community Services Supervisor $194.26 110: COMMUNITY SERVICES CS: Deputy Director of Community Services $283.68 110: COMMUNITY SERVICES CS: Executive Assistant $114.23 110: COMMUNITY SERVICES CS: Fiscal Specialist $150.13
23 Comprehensive User Fee Study
City of Brea - User Fee Study
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
110: COMMUNITY SERVICES CS: Media Services Specialist I $81.45 110: COMMUNITY SERVICES CS: Media Services Specialist II $143.85 110: COMMUNITY SERVICES CS: Senior Management Analyst $199.05 110: FIRE SERVICES Fire: Combination Inspector II $114.30 110: FIRE SERVICES Fire: Executive Assistant $93.28
110: FIRE SERVICES Fire: Fire Battalion Chief $427.58
110: FIRE SERVICES Fire: Fire Captain $259.45
110: FIRE SERVICES Fire: Fire Chief $417.95
110: FIRE SERVICES Fire: Fire Engineer $242.25
110: FIRE SERVICES Fire: Fire Marshal $188.19
110: FIRE SERVICES Fire: Fire Prevention Specialist I $111.78 110: FIRE SERVICES Fire: Firefighter $167.83
110: FIRE SERVICES Fire: Permit Technician $94.59
110: MEDIA SERVICES/GRAPHICS Graphics: Senior Media Servs Specialist - AV $119.47 110: POLICE SERVICES Police: Communications Supervisor $141.36 110: POLICE SERVICES Police: Crime Analyst $121.24
110: POLICE SERVICES Police: Crime Scene Investigator $122.97 110: POLICE SERVICES Police: Executive Assistant $102.47 110: POLICE SERVICES Police: Management Analyst I $100.28 110: POLICE SERVICES Police: Police Captain $394.32
110: POLICE SERVICES Police: Police Chief $393.51
110: POLICE SERVICES Police: Police Comm Outreach Coordinator $87.93 110: POLICE SERVICES Police: Police Lieutenant $363.44
110: POLICE SERVICES Police: Police Officer $221.09
110: POLICE SERVICES Police: Police Records Technician $80.84 110: POLICE SERVICES Police: Police Records/Property & Evidence Sv. $147.49 110: POLICE SERVICES Police: Police Sergeant $295.41
110: POLICE SERVICES Police: Police Services Officer $101.84 110: POLICE SERVICES Police: Property and Evidence Technician $102.30 110: POLICE SERVICES Police: Public Safety Dispatcher I $75.62 110: POLICE SERVICES Police: Public Safety Dispatcher II $100.71 110: POLICE SERVICES Police: Senior Public Safety Dispatcher $116.59 110: POLICE SERVICES Police: Sr. Police Records Technician $102.15 110: PUBLIC INFORMATION Pub Info: Communications & Marketing Manager $197.82 110: PUBLIC INFORMATION Pub Info: Management Analyst I $109.46 110: PUBLIC INFORMATION Pub Info: Media Services Specialist I $97.55 110: PUBLIC WORKS PW: Accounting Technician I $108.41
110: PUBLIC WORKS PW: Administrative Clerk II $103.20
110: PUBLIC WORKS PW: Assistant Engineer $184.19
110: PUBLIC WORKS PW: City Engineer $286.74
110: PUBLIC WORKS PW: Combination Inspector II $152.51
24 Comprehensive User Fee Study
City of Brea - User Fee Study
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
110: PUBLIC WORKS PW: Engineering Technician I $124.59
110: PUBLIC WORKS PW: Executive Assistant $155.40
110: PUBLIC WORKS PW: Landscape Main. Contract Admin $172.98 110: PUBLIC WORKS PW: Maintenance Services Crew Leader $165.58 110: PUBLIC WORKS PW: Maintenance Services Superintendent $220.70 110: PUBLIC WORKS PW: Maintenance Services Supervisor $195.57 110: PUBLIC WORKS PW: Maintenance Services Worker I $79.29 110: PUBLIC WORKS PW: Maintenance Services Worker II $141.56 110: PUBLIC WORKS PW: Management Analyst I $145.96
110: PUBLIC WORKS PW: Permit Technician $115.56
110: PUBLIC WORKS PW: Principal Civil Engineer $243.98
110: PUBLIC WORKS PW: Public Works Director $366.30
110: PUBLIC WORKS PW: Senior Management Analyst $206.51 174: PARAMEDIC SERVICES 174: Paramedic: Administrative Clerk II $46.11 174: PARAMEDIC SERVICES 174: Paramedic: Ambulance Operator $60.32 174: PARAMEDIC SERVICES 174: Paramedic: Emergency Medical Services Manager $167.51 174: PARAMEDIC SERVICES 174: Paramedic: Fire Captain $278.18 174: PARAMEDIC SERVICES 174: Paramedic: Fire Engineer $245.44 174: PARAMEDIC SERVICES 174: Paramedic: Firefighter $206.97 174: PARAMEDIC SERVICES 174: Paramedic: Human Resources Technician $110.29 280: HOUSING SUCCESSOR 280: Housing: Administrative Clerk II $100.34 280: HOUSING SUCCESSOR 280: Housing: Senior Management Analyst $191.85 420: WATER UTILITY 420: Water: Accounting Technician I $109.73 420: WATER UTILITY 420: Water: Accounting Technician II $116.67 420: WATER UTILITY 420: Water: Administrative Clerk II $73.60 420: WATER UTILITY 420: Water: Assistant City Engineer $273.35 420: WATER UTILITY 420: Water: City Engineer $263.10
420: WATER UTILITY 420: Water: Environmental Services Coordinator $221.63 420: WATER UTILITY 420: Water: Environmental Services Inspector $173.03 420: WATER UTILITY 420: Water: Executive Assistant $142.59 420: WATER UTILITY 420: Water: Financial Services Manager $284.81 420: WATER UTILITY 420: Water: Fiscal Specialist $154.68 420: WATER UTILITY 420: Water: Public Works Director $336.11 420: WATER UTILITY 420: Water: Senior Management Analyst $189.49 420: WATER UTILITY 420: Water: Water Distribution Crew Leader $154.84 420: WATER UTILITY 420: Water: Water Distribution Operator I $120.33 420: WATER UTILITY 420: Water: Water Distribution Operator II $142.75 420: WATER UTILITY 420: Water: Water Distribution Superintendent $269.74 420: WATER UTILITY 420: Water: Water Distribution Supervisor $204.86 430: SEWER UTILITY 430: Sewer: Accounting Technician I $101.19 430: SEWER UTILITY 430: Sewer: Accounting Technician II $107.59 25 Comprehensive User Fee Study
City of Brea - User Fee Study
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
430: SEWER UTILITY 430: Sewer: Administrative Clerk II $67.87 430: SEWER UTILITY 430: Sewer: Assistant City Engineer $252.09 430: SEWER UTILITY 430: Sewer: City Engineer $242.64
430: SEWER UTILITY 430: Sewer: Environmental Services Coordinator $204.39 430: SEWER UTILITY 430: Sewer: Environmental Services Inspector $159.57 430: SEWER UTILITY 430: Sewer: Executive Assistant $131.50 430: SEWER UTILITY 430: Sewer: Fiscal Specialist $142.65 430: SEWER UTILITY 430: Sewer: Maintenance Services Worker I $90.59 430: SEWER UTILITY 430: Sewer: Maintenance Services Worker II $121.85 430: SEWER UTILITY 430: Sewer: Public Works Director $309.97 430: SEWER UTILITY 430: Sewer: Water Distribution Superintendent $248.75 430: SEWER UTILITY 430: Sewer: Water Distribution Supervisor $188.92 440: SANITATION & ST SWEEPING 440: Sanitation: Accounting Technician I $121.10 440: SANITATION & ST SWEEPING 440: Sanitation: Accounting Technician II $128.76 440: SANITATION & ST SWEEPING 440: Sanitation: Administrative Clerk II $81.22 440: SANITATION & ST SWEEPING 440: Sanitation: Executive Assistant $157.36 440: SANITATION & ST SWEEPING 440: Sanitation: Fiscal Specialist $170.71 440: SANITATION & ST SWEEPING 440: Sanitation: Maintenance Services Crew Leader $167.68 440: SANITATION & ST SWEEPING 440: Sanitation: Maintenance Services Superintendent $223.50 440: SANITATION & ST SWEEPING 440: Sanitation: Maintenance Services Supervisor $198.05 440: SANITATION & ST SWEEPING 440: Sanitation: Management Analyst I $147.81 440: SANITATION & ST SWEEPING 440: Sanitation: Public Works Director $370.94 440: SANITATION & ST SWEEPING 440: Sanitation: Senior Management Analyst $209.13 440: SANITATION & ST SWEEPING 440: Sanitation: Street Sweeper Operator $148.17 26 Comprehensive User Fee Study
City of Brea - User Fee Study
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
Part Time/Contract Positions
110: POLICE SERVICES Police Cadet $23.30
110: POLICE SERVICES Jailer $53.26
110: POLICE SERVICES Parking Control Officer $47.40
110: COMMUNITY DEVELOPMENT Administrative Intern $25.31 110: COMMUNITY DEVELOPMENT Code Enforcement Officer $25.31 110: COMMUNITY SERVICES Facilities Worker $31.06
110: COMMUNITY SERVICES Sr. Community Services Leader $31.06 110: COMMUNITY SERVICES Community Services Leader $28.24 110: COMMUNITY SERVICES Community Services Worker $25.68 110: COMMUNITY SERVICES Community Services Coordinator $34.18 110: COMMUNITY SERVICES Senior Lifeguard/Instructor $31.08 110: COMMUNITY SERVICES Lifeguard/Instructor $28.24
110: COMMUNITY SERVICES Lifeguard $25.68
110: COMMUNITY SERVICES Shuttle Driver $47.95
110: COMMUNITY SERVICES Specialist/Inspector $143.69
440: SANITATION & ST SWEEPING Recycling Coordinator $32.30 110: PUBLIC WORKS Contract Labor: Consultant Plan Check Rate $234.61 110: PUBLIC WORKS Contract Labor: Consultant Inspection Rate $215.95 110: BUILDING Contract Labor: Consultant Building Plan Check Rate $184.07 110: BUILDING Contract Labor: Consultant Building Inspection Rate $163.62 110: FIRE SERVICES Contract Labor: Consultant Fire Plan Check Rate $221.33 27 Comprehensive User Fee Study
Appendix C – Cost Recovery Analysis
The following tables provide the results of the analysis, resulting full cost recovery amount, and recommended fees. For fees, services, and penalties in which the full cost, existing fee, and suggested fee is listed as “NA,” the amount or percentage was not calculable. This is most common when either the current or the suggested fee includes a variable component that is not comparable on a one-to-one basis, a full cost was not calculated (for penalties, fines, market-based fees, or items not included in the study), or when there is not a current fee amount to compare against.

Administrative Services
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Fee Δ1 Miscellaneous2 Subpoena (For Non-Peace Employees) $275.00 per day Mandated by GC68096.1 NA NA $275.00 $0 3 Digital Reproduction for Public Records Requests $5.00 per DVD's no charge if they bring their own. GC7922.530(a) $5.00 0% $5.00 $0 4 Candidate Filing Fee $10.00 Mandated by Ord No. 527 NA NA $10.00 $05 Copies $0.10 per page GC7922.530(a) $0.10 0% $0.10 $06 Notary Fee $15.00 per signature GC8211 NA NA $15.00 $0 7 Returned Check (1st Offense) $25.00 NA NA $25.00 $08 Returned Check (2nd Offense or more) $35.00 NA NA $35.00 $0 9 Utility Research Assistance Fee $38.00 per request $139.31 0% $139.00 $101 10 Business License11 Massage Establishment Permit $750.00 Livescan fee included $689.13 0% $689.00 -$6112 Massage Establishment Permit - Renewal $500.00 $689.13 0% $689.00 $189 13 Replacement of Massage Permit $25.00 $134.53 0% $134.00 $10914 Renewal for Expired Massage Permit (Late Fee) 10%/month X annual fee for Massage Establishment NA NA 10%/month X annual fee for Massage Establishment $0 15 Service Fee New
This fee is intended to recover the costs associated with processing card payments, ACH transfers, and other electronic transactions, whether conducted online or in person NA NA
The service fee shall vary based on the rate negotiated with the thirdparty vendor. In no event shall the service fee exceed 6% for vendors without a minimum per-transaction charge. For vendors with a contractually established minimum per-transaction charge, the City shall not impose a service fee exceeding $4.00 per transaction without further City Council approval NA
28 Water Utility Billing
Item No. Title
Current
Fee/Charge Unit Full Cost Subsidy % Suggested Fee Fee Δ 1 New Account/Application Fee $45.00 $138.58 50% $69.00 $242 Past Due Notice $10.00 NA NA $10.00 $03 After Hours Service $90.00 $576.46 50% $288.00 $1984 Cut Lock / Broken Lock / Missing Lock $60.00 $190.43 0% $190.00 $1305 Meter Abandonment $100.00 $219.59 0% $219.00 $1196 Monthly Maintenance Fee for Accounts w/Backflow Devices $7.00 NA NA $7.00 $0
7 Intentional Damage to Meter $120.00 plus cost of equipment $370.08 0% $370.00 $250 8 Broken Angle Stop $45.00 per hour plus cost of equipment $673.42 0% $673.00 $628 9 Unauthorized turn-on or turn-off Meter Register $30.00 $142.08 1% $140.00 $11010 Broken or Missing Meter Register $45.00 per hour plus cost of equipment $151.76 1% $150.00 $105 11 Unauthorized Use of Hydrant for Filling Water Truck (Per Occurrence) $350.00 Plus cost of water NA NA $350.00 $0 12 Delinquent Service Charge
10% of Outstanding Balance
NA NA 10% of Outstanding balance $0
13 Meter Re-Reads & Efficiency Checks (Customer Initiated) $30.00 $70.00 0% $70.00 $4014 Water Shut Off Charge $65.00 NA NA $65.00 $015 Hang Tag Charges $30.00 NA NA $50.00 $2016 Temporary Construction Meter Processing Fee $100.00 $151.09 1% $150.00 $50 29 Water Utility Billing
Item No. Title
Current
Fee/Charge Unit Full Cost Subsidy % Suggested Fee Fee Δ 17 Construction Water - Use of City Equipment $2,650.00 (deposit) NA NA $2,650 (deposit) $018 Lock-on Meter Fee $40.00 NA NA $100.00 $60 Note: Deposit based fees are subject to change based upon direction of the Community Development Director or designee per Municipal Code 3.32.035. 30 Planning
Item No. Title Current Fee/Charge Unit Full Cost Subsidy % Suggested Fee Unit Fee Δ 1 Annexation Request $5,000.00 deposit NA NA $5,000.00 deposit $02 Appeal Processing (residents - non-applicant) $50.00 flat fee $2,005.62 63% $750.00 flat fee $7003 Appeal Processing (non-residents & applicant) $1,000.00 deposit NA NA $2,000.00 deposit $1,0004 Certificate of Compatibility $1,000.00 deposit NA NA $2,000.00 deposit $1,0005 Conditional Use Permit - New Construction $2,000.00 deposit NA NA $4,000.00 deposit $2,0006 Conditional Use Permit - Others New Flat fee $4,161.71 4% $4,000.00 Flat fee NA7 Conditional Use Permit - Amendment New deposit/flat fee NA NA 50% of original fee deposit/flat fee NA 8 Minor Conditional Use Permit $1,000.00 deposit $1,531.95 2% $1,500.00 Flat Fee $5009 Development Agreement $2,000.00 deposit NA NA $5,000.00 deposit $3,00010 Entertainment Permit $550.00 Deposit $1,266.64 5% $1,200.00 flat fee $65011 Environmental Review (CEQA) $2,000.00 deposit NA NA Varies by Project deposit NA12 General Plan Amendment $2,000.00 deposit NA NA $10,000.00 deposit $8,000 31 Planning
Item No. Title Current Fee/Charge Unit Full Cost Subsidy % Suggested Fee Unit Fee Δ 13 General Plan Maintenance Fee $1.96
per $1,000 of construction value
$2.76 0% $2.76
per $1,000 of construction value
$1
14 Planning Entitlement/Plan Check Management
Rate $175.00 per hour $249.38 0% $249.00 per hour $74
15 Planning Entitlement/Plan Check Regular Rate $109.00 per hour $129.72 1% $129.00 per hour $2016 Planning Entitlement/Plan Check Supervisory Rate New per hour $161.73 0% $161.00 per hour NA
17 Expedited Planning Plan Check Rate(case by case basis at the direction of Director or designee) New per hour $270.41 0% $270.00 per hour NA
18 Precise Development - New Construction $2,000.00 deposit NA NA $2,500.00 deposit $50019 Precise Development - Others New Flat fee $2,539.37 2% $2,500.00 flat fee NA20 Special Projects $2,000.00 deposit NA NA Varies - as determined appropriate per CD Director deposit NA21 Specific Plan $2,000.00 deposit NA NA $10,000.00 deposit $8,00022 Specific Plan Amendment $2,000.00 deposit NA NA $7,500.00 deposit $5,50023 Temporary Trailer $500.00 deposit NA NA $1,500.00 deposit $1,00024 Zone Change $2,000.00 deposit NA NA $10,000.00 deposit $8,00025 Variance $2,000.00 deposit NA NA $2,000.00 deposit $026 Zoning Ordinance Amendment $2,000.00 deposit NA NA $5,000.00 deposit $3,000 32 Planning
Item No. Title Current Fee/Charge Unit Full Cost Subsidy % Suggested Fee Unit Fee Δ 27 Temporary Use Permit - Large Events $300.00 NA NA $850.00 deposit $55028 Temporary Use Permit - Others New Flat Fee $870.32 2% $850.00 flat fee NA29 Historic Preservation Listing $250.00 Deposit NA NA $250.00 deposit $030 Mills Act Contract $250.00 Deposit $2,030.09 1% $2,000.00 flat fee $1,75031 Film Permit - Large Scale New NA NA $650.00 Deposit NA32 Film Permit - Small Scale $500.00 Deposit $668.95 3% $650.00 flat fee $15033 Temporary Signs/Banners $85.00 flat fee $129.72 34% $85.00 flat fee $034 Preliminary Plan Review $2,000.00 deposit $2,537.51 1% $2,500.00 flat fee $50035 Tentative Parcel/Tract Map - Regular $2,000.00 deposit NA NA $5,000.00 deposit $3,00036 Tentative Parcel/Tract Map - Ministerial $2,000.00 deposit NA NA $2,000.00 deposit $037 Tree Removal Permit (up to 5 trees) $500.00 Deposit $570.37 4% $550.00 flat fee $5038 Tree Removal Permit (6+ trees) New Flat fee $822.32 3% $800.00 flat fee NA39 Zoning Verification Letter $291.00 Flat fee $404.39 1% $400.00 flat fee $10940 Plan Review - New Construction $2,000.00 deposit NA NA $2,000.00 deposit $041 Plan Review - Others $1,000.00 Flat fee $1,538.43 2% $1,500.00 flat fee $500 33 Planning
Item No. Title Current Fee/Charge Unit Full Cost Subsidy % Suggested Fee Unit Fee Δ 42 Administrative Remedy $500.00 deposit $768.44 2% $750.00 flat fee $25043 Administrative Interpretation New Flat fee $1,074.40 7% $1,000.00 flat fee NA44 Encroachment License Agreement New flat fee $525.02 5% $500.00 flat fee NA NOTE:Deposit based fees are subject to change based upon direction of the Community Development Director or designee per Municipal Code 3.32.035.If contract services are provided, will be billed at Actual Cost plus Indirect %If a project requires multiple applications that require both deposit and flat fee, it will be processed as a deposit based applicationIf a project requires multiple flat fee applications, the City will charge highest flat fee required + 25% of each flat fee 34 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 1 Parking Permit2 Initial Parking Permit Application and Renewal Application Permit (In- Person) $34.00 $70.16 0% $70.00 flat $36 3 Initial Parking Permit Application and Renewal Application Permit (Online) $22.00 $46.77 2% $46.00 flat $24 4 Overnight Parking Permit Appeals $30.00 $117.88 1% $117.00 $875 Development Fee6 Building Permit Technician Rate New per hour $93.55 1% $93.00 NA7 Building Plan Check Rate $130.00 per hour $157.88 1% $157.00 per hour $278 Expedited Building Plan Check Rate (case by case basis at the direction of Director or designee) New per hour $283.49 1% $280.00 per hour NA 9 Building Management Rate $188.00 per hour $189.00 1% $188.00 $010 Building Inspection Rate $146.00 per hour $146.08 0% $146.00 $011 Building Inspection Outside Normal Business Hours (4 hrs Min.) $219.00 per hour $981.71 0% $981.00 $76212 Building callback inspections/re-inspections $146.00 per hour $146.08 0% $146.00 $013 Building Inspection (When Building Fires Occurs During Working Hours) New $377.99 0% $377.00 NA 14 Building Inspection (When Building Fires Occurs During Non-Working Hours) New $755.99 0% $755.00 NA 15 Grading Miscellaneous - Inspection Outside Normal Business Hrs (Min. 4 hrs) $219.00 per hour $876.50 0% $876.00 $657 16 Records Management Fee .0001 x valuation (Valuation =$1 per square foot) NA NA .0001 x valuation (Valuation =$1 per square foot) $0 17 Green Building Standards Fee $4 per $100,000 valuation; minimum $1 NA NA $4 per $100,000 valuation; minimum $1 $0 18 Seismic Fee (residential) .00013 x valuation NA NA .00013 x valuation $019 Seismic Fee (Non-residential) .00028 x valuation NA NA .00028 x valuation $020 Technology Fee (For Permitting System) 0.08% of Construction Permit Valuation 0.21% 3% 0.20% 0.12% 21 General Maintenance Fee .00196 x valuation (Valuation Varies) 0.00276% 0% 0.00276% 0.001%22 Permit Issuance Fees - Building & Safety Division $40.00 per permit (included in FLAT fees) $93.55 1% $93.00 $5323 Certificate of Occupancy - Ownership Change $125.00 $393.25 0% $393.00 $26824 Certificate of Occupancy - All Others $313.00 $715.64 0% $715.00 $40225 Certificate of Occupancy - Temporary (TCO) $168.00 $585.92 0% $585.00 $41726 Grading Permit27 Mass/Rough Grading Plan Check - Initial Fee Includes 3 reviews New Per Sheet $1,393.07 0% $1,393.00 flat NA28 Mass/Rough Grading Plan Check - 4th and subsequent reviews New Per Sheet $464.36 12% $410.00 flat NA29 Precise Grading Plan Check - Initial Fee Includes 3 reviews New Per Sheet $2,371.10 0% $2,371.00 flat NA30 Precise Grading Plan Check - 4th and subsequent reviews New Per Sheet $790.37 23% $610.00 flat NA31 Mass/Rough Grading Inspection - 0 - 100 CY Deposit based $736.28 0% $736.00 flat NA32 Mass/Rough Grading Inspection - 101-1,000 CY New Each additional 100 CY over 100 CY (prorated per CY - $127.00) $2,617.89 0% $2,617.00 flat NA 33 Mass/Rough Grading Inspection - 1,001 - 10,000 CY New Each additional 1000 CY(prorated per CY - $427) $7,199.19 0% $7,199.00 flat NA34 Mass/Rough Grading Inspection - 10,001- 100,000 CY New each additional 10,000 CY (prorated per CY $391.00) $12,434.97 0% $12,434.00 flat NA35 Mass/Rough Grading Inspection - >100,000 CY Plus $ 8,919.00 ( New each additional 10,000 CY or portion thereof over 100,00 CY (prorated per cubic yard $338.00). $17,997.98 0% $17,997.00 flat NA36 Studies (Hydrology, WQMP,Geotechnical Reports………) Deposit NA NA Actual Cost $037 Deposit Program38 Industrial Buildings - 0-10,000 sq. ft. $900.00 Plan Check Amt. NA NA $5,000.00 Deposit $4,10039 Industrial Buildings - 0-10,000 sq. ft. $1,300.00 Inspection Amt. NA NA $4,500.00 Deposit $3,20040 Industrial Buildings - 10,000-30,000 sq. ft. $2,350.00 Plan Check Amt. NA NA $7,000.00 Deposit $4,65041 Industrial Buildings - 10,000-30,000 sq. ft. $3,650.00 Inspection Amt. NA NA $7,000.00 Deposit $3,35042 Industrial Buildings - 30,000-60,000 sq. ft. $4,550.00 Plan Check Amt. NA NA $10,000.00 Deposit $5,45043 Industrial Buildings - 30,000-60,000 sq. ft. $7,150.00 Inspection Amt. NA NA $10,000.00 Deposit $2,85044 Industrial Buildings - 60,000-100,000 sq. ft $10,150.00 Plan Check Amt. NA NA $12,000.00 Deposit $1,85045 Industrial Buildings - 60,000-100,000 sq. ft $15,600.00 Inspection Amt. NA NA $12,000.00 Deposit -$3,600 35 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 46 Industrial Buildings - 100,000+ sq. ft. To be determined by Building Official Plan Check Amt. NA NA $25,000.00 Deposit NA 47 Industrial Buildings - 100,000+ sq. ft. To be determined by Building Official Inspection Amt. NA NA $25,000.00 Deposit NA 48 Commercial Buildings - 0-5,000 sq. ft. $1,000.00 Plan Check Amt. NA NA $4,000.00 Deposit $3,00049 Commercial Buildings - 0 -5,000 sq. ft. $1,550.00 Inspection Amt. NA NA $4,000.00 Deposit $2,45050 Commercial Buildings - 5,001-10,000 sq. ft. $2,600.00 Plan Check Amt. NA NA $6,000.00 Deposit $3,40051 Commercial Buildings - 5,001-10,000 sq. ft. $4,000.00 Inspection Amt. NA NA $6,500.00 Deposit $2,50052 Commercial Buildings - 10,001-30,000 sq. ft. $5,200.00 Plan Check Amt. NA NA $8,000.00 Deposit $2,80053 Commercial Buildings - 10,001-30,000 sq. ft. $7,900.00 Inspection Amt. NA NA $10,000.00 Deposit $2,10054 Commercial Buildings - 30,001-60,000 sq. ft $8,600.00 Plan Check Amt. NA NA $10,000.00 Deposit $1,40055 Commercial Buildings - 30,001-60,000 sq. ft $13,100.00 Inspection Amt. NA NA $14,000.00 Deposit $90056 Commercial Buildings - 60,001 - 100,000 sq. ft. $8,600.00 Plan Check Amt. NA NA $12,000.00 Deposit $3,40057 Commercial Buildings - 60,001 - 100,000 sq. ft. $13,100.00 Inspection Amt. NA NA $16,000.00 Deposit $2,90058 Commercial Buildings - 100,000+ sq. ft. $11,000.00 Plan Check Amt. NA NA $20,000.00 Deposit $9,00059 Commercial Buildings - 100,000+ sq. ft. $16,900.00 Inspection Amt. NA NA $20,000.00 Deposit $3,10060 Multi-Family Residential - 0-5,000 sq. ft. $1,400.00 Plan Check Amt. NA NA $6,000.00 Deposit $4,60061 Multi-Family Residential - 0-5,000 sq. ft. $2,200.00 Inspection Amt. NA NA $6,000.00 Deposit $3,80062 Multi-Family Residential - 5,001-10,000 sq. ft. $1,400.00 Plan Check Amt. NA NA $10,000.00 Deposit $8,60063 Multi-Family Residential - 5,001-10,000 sq. ft. $2,200.00 Inspection Amt. NA NA $10,000.00 Deposit $7,80064 Multi-Family Residential - 10,001-30,000 sq. ft. $3,650.00 Plan Check Amt. NA NA $12,000.00 Deposit $8,35065 Multi-Family Residential - 10,001-30,000 sq. ft. $5,600.00 Inspection Amt. NA NA $14,000.00 Deposit $8,40066 Multi-Family Residential - 30,001 - 60,000 sq. ft $7,150.00 Plan Check Amt. NA NA $18,000.00 Deposit $10,85067 Multi-Family Residential - 30,001 - 60,000 sq. ft $10,900.00 Inspection Amt. NA NA $20,000.00 Deposit $9,10068 Multi-Family Residential - 60,000+ sq. ft $8,450.00 Plan Check Amt. NA NA $24,000.00 Deposit $15,55069 Multi-Family Residential - 60,000+ sq. ft $3,000.00 Inspection Amt. NA NA $24,000.00 Deposit $21,00070 Group R-3 (Construction Type IIIB, VA, VB)71 One and Two Family Dwellings (Including ADU's) - 0 - 999 sq. ft (3 plan review included) New $3,743.66 0% $3,743.00 flat NA 72 One and Two Family Dwellings (Including ADU's) - 1000 -1,999 sq. ft (3 plan reviews included) New $4,339.78 0% $4,339.00 flat NA 73 One and Two Family Dwellings - 2000 -2,999 sq. ft (3 plan reviews included) New $4,982.66 0% $4,982.00 flat NA 74 One and Two Family Dwellings - 3000 -3,999 sq. ft (3 plan reviews included) New $5,558.20 0% $5,558.00 flat NA 75 One and Two Family Dwellings - 4000 -4,999 sq. ft (3 plan reviews included) New $6,322.74 0% $6,322.00 flat NA 76 One and Two Family Dwellings - 5,000 -6,999 sq. ft (3 plan reviews included) New $7,005.73 0% $7,005.00 flat NA 77 One and Two Family Dwellings - 7,000 -8,999 sq. ft (3 plan reviews included) New $8,752.74 0% $8,752.00 flat NA 78 One and Two Family Dwellings - 9,000+ sq. ft (3 plan reviews included) New NA NA To be determined by the Building Official flat NA79 Group R-3 (Construction Type IIB, IIIA, IV)80 One and Two Family Dwellings (Including ADU's) - 0 - 999 sq. ft (3 plan review included) New $4,848.39 0% $4,848.00 flat NA 81 One and Two Family Dwellings (Including ADU's) - 1000 -1,999 sq. ft (3 plan reviews included) New $5,280.88 0% $5,280.00 flat NA 82 One and Two Family Dwellings - 2000 -2,999 sq. ft (3 plan reviews included) New $7,069.10 0% $7,069.00 flat NA 83 One and Two Family Dwellings - 3000 -3,999 sq. ft (3 plan reviews included) New $7,644.64 0% $7,644.00 flat NA 84 One and Two Family Dwellings - 4000 -4,999 sq. ft (3 plan reviews included) New $8,314.67 0% $8,314.00 flat NA 85 One and Two Family Dwellings - 5,000 -6,999 sq. ft (3 plan reviews included) New $9,206.32 0% $9,206.00 flat NA 86 One and Two Family Dwellings - 7,000 -8,999 sq. ft (3 plan reviews included) New $10,953.32 0% $10,953.00 flat NA 36 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 87 One and Two Family Dwellings - 9,000+ sq. ft (3 plan reviews included) New NA NA To be determined by the Building Official flat NA88 Group R-3 (Construction Type IA, IB, IIA)89 One and Two Family Dwellings (Including ADU's) - 0 - 999 sq. ft (3 plan review included) New $7,325.85 0% $7,325.00 flat NA 90 One and Two Family Dwellings (Including ADU's) - 1000 -1,999 sq. ft (3 plan reviews included) New $7,823.71 0% $7,823.00 flat NA 91 One and Two Family Dwellings - 2000 -2,999 sq. ft (3 plan reviews included) New $9,022.82 0% $9,022.00 flat NA 92 One and Two Family Dwellings - 3000 -3,999 sq. ft (3 plan reviews included) New $10,699.90 0% $10,699.00 flat NA 93 One and Two Family Dwellings - 4000 -4,999 sq. ft (3 plan reviews included) New $11,722.51 0% $11,722.00 flat NA 94 One and Two Family Dwellings - 5,000 -6,999 sq. ft (3 plan reviews included) New $12,745.13 0% $12,745.00 flat NA 95 One and Two Family Dwellings - 7,000 -8,999 sq. ft (3 plan reviews included) New $14,504.52 0% $14,504.00 flat NA 96 One and Two Family Dwellings - 9,000+ sq. ft (3 plan reviews included) New NA NA To be determined by the Building Official flat NA97 Group A,B,E,F,I,M,S (Construction Type IIIB, VA, VB)98 Tenant Improvement - 0 - 1,999 sq. ft (3 plan review included) New $3,598.80 0% $3,598.00 flat NA99 Tenant Improvement - 2,000 - 4,999 sq. ft (3 plan review included) New $4,356.34 0% $4,356.00 flat NA100 Tenant Improvement - 5,000 - 9,999 sq. ft (3 plan review included) New $5,499.49 0% $5,499.00 flat NA101 Tenant Improvement - 10,000 - 24,999 sq. ft (3 plan review included) New $7,388.60 0% $7,388.00 flat NA102 Tenant Improvement - 25,000 - 49,999 sq. ft (3 plan review included) New $8,307.54 0% $8,307.00 flat NA103 Tenant Improvement - 50,000 - 49,999 sq. ft (3 plan review included) New $9,262.36 0% $9,262.00 flat NA104 Tenant Improvement - 50,000 - 75,000 sq. ft (3 plan review included) New $10,378.52 0% $10,378.00 flat NA105 Tenant Improvement - Over 75,000 sq. ft (3 plan review included) New NA NA To be determined by the Building Official flat NA106 Group A,B,E,F,I,M,S (Construction Type IIB, IIIA, IV)107 Tenant Improvement - 0 - 1,999 sq. ft (3 plan review included) New $4,110.10 0% $4,110.00 flat NA108 Tenant Improvement - 2,000 - 4,999 sq. ft (3 plan review included) New $5,010.81 0% $5,010.00 flat NA109 Tenant Improvement - 5,000 - 9,999 sq. ft (3 plan review included) New $6,522.11 0% $6,522.00 flat NA110 Tenant Improvement - 10,000 - 24,999 sq. ft (3 plan review included) New $8,083.98 0% $8,083.00 flat NA111 Tenant Improvement - 25,000 - 49,999 sq. ft (3 plan review included) New $9,002.92 0% $9,002.00 flat NA112 Tenant Improvement - 50,000 - 49,999 sq. ft (3 plan review included) New $10,653.36 0% $10,653.00 flat NA113 Tenant Improvement - 50,000 - 75,000 sq. ft (3 plan review included) New $11,442.28 0% $11,442.00 flat NA114 Tenant Improvement - Over 75,000 sq. ft (3 plan review included) New NA NA To be determined by the Building Official flat NA115 Group A,B,E,F,I,M,S (Construction Type IA, IB,IIA)116 Tenant Improvement - 0 - 1,999 sq. ft (3 plan review included) New $4,899.98 0% $4,899.00 flat NA117 Tenant Improvement - 2,000 - 4,999 sq. ft (3 plan review included) New $6,127.92 0% $6,127.00 flat NA118 Tenant Improvement - 5,000 - 9,999 sq. ft (3 plan review included) New $7,871.96 0% $7,871.00 flat NA119 Tenant Improvement - 10,000 - 24,999 sq. ft (3 plan review included) New $9,761.06 0% $9,761.00 flat NA120 Tenant Improvement - 25,000 - 49,999 sq. ft (3 plan review included) New $10,680.01 0% $10,680.00 flat NA121 Tenant Improvement - 50,000 - 49,999 sq. ft (3 plan review included) New $12,330.44 0% $12,330.00 flat NA122 Tenant Improvement - 50,000 - 75,000 sq. ft (3 plan review included) New $15,123.69 0% $15,123.00 flat NA 37 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 123 Tenant Improvement - Over 75,000 sq. ft (3 plan review included) New NA NA To be determined by the Building Official NA124 Business Signs (Up to 3 signs, same charge for additional 3 signs) (up to 3 plan reviews) $80 / $120 $458.69 0% $458.00 $338 125 Group U Occupancy (Construction Type VA,VB,IIIB)126 Garage / Workshop / Green House - 0 - 1,000 sq. ft (3 plan review included) New $2,141.78 0% $2,141.00 flat NA 127 Garage / Workshop / GreenHouse -1,001 - 3,000 sq. ft (3 plan review included) New $2,600.47 0% $2,600.00 flat NA 128 Garage / Workshop / Greenhouse- 3,000 + sq. ft (3 plan review included) New NA NA To be determined by the Building Official NA 129 Miscellaneous - Wood deck, patio enclosure, fire damage, minor demolition, spray booth, storage rack (up to 3 plan reviews) deposit based $1,068.08 0% $1,068.00 flat NA 130 Miscellaneous - All other items not otherwise identified $200 / $300 $1,068.08 0% $1,068.00 flat $768131 Miscellaneous - General residential minor repairs $55 / $80 $285.14 0% $285.00 flat $205132 Patio Cover/ Latice/Wood Deck/Porch (Not Enclosed) up to 500 square feet (Up to 3 Plan Reviews) Deposit Program $870.62 0% $870.00 flat NA 133 Patio Cover/Lattice/Wood Deck/Porch (Not Enclosed) each additional 250 square feet (up to 3 plan reviews) New $370.45 0% $370.00 flat NA 134 Enclosed Patio Cover up to 500 square feet (Up to 3 Plan Reviews) New $989.20 0% $989.00 flat NA135 Enclosed Patio Cover each additional 250 square feet (up to 3 plan reviews) New $435.31 0% $435.00 flat NA 136 Landscape Permit137 Landscape Plan Check 138 Base Fee (3 submittals) New per sheet $1,464.85 0% $1,464.00 NA139 Each additional submittal New per sheet $274.84 0% $274.00 NA140 Landscape Inspection141 less than 0.5 acres New $6,792.39 0% $6,792.00 NA142 >.5 to 1 Acres New $11,689.17 0% $11,689.00 NA143 >1-1.5 Acres New $15,153.16 0% $15,153.00 NA144 >1.5 - 2 Acres New $16,980.98 0% $16,980.00 NA145 2 - 2.5 Acres New $18,808.80 0% $18,808.00 NA146 Each additional 1/2 acre > 2.5 New $2,087.25 0% $2,087.00 NA147 Additional Inspections or re-inspections New per hour $163.62 0% $163.00 NA148 Electrical Permit149 Multi-family Residential Buildings (Apartments, Motels, Hotels & Condo & non-residential construction (tenant improvements) - per 100 square feet New per 100 sq ft / single item $21.18 1% $21.00 NA
150
Multi-family Residential Buildings (Apartments, Motels, Hotels & Condo & non-residential construction (tenant improvements) - each additional square feet New each square feet after $0.21 1% $0.21 NA
151 New Single and Two Family buildings - per 100 square feet New per 100 sq ft / single item $24.86 3% $24.00 NA152 New Single and Two Family buildings - each additional square feet New each square feet after $0.25 3% $0.24 NA153 Garages, Carports, Covered Patios (attached or detached) Misc structures - per 100 square feet New per 100 sq ft / single item $11.98 8% $11.00 NA 154 Garages, Carports, Covered Patios (attached or detached) Misc structures - each additional square feet New each square feet after $0.12 0% $0.12 NA 38 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 155 Mechanical Permit156 Mechanical Permit New NA NA 80% of electrical NA157 Plumbing Permit158 Plumbing Permit New NA NA 80% of electrical NA159 Miscellaneous Fees160 Training Surcharge (AB 717) New Per permit $3.00 0% $3.00 NA161 Deferred Submittal plan check Fee for flat fee based projects New per hour (2 hrs min.) $184.07 0% $184.00 NA162 Permit Renewal Fee New NA NA All of original fee NA163 Plan Check Renewal Fee for flat fee based projects New NA NA All of original fee NA164 Expediated Plan Check New per hour (2 hrs min.) $276.11 0% $276.00 per hour NA165 Drywall (< 400 Sq. Ft.) New Each $268.81 0% $268.00 NA166 Drywall additional 100 sq. ft. New each 100 sq. ft. $34.59 2% $34.00 NA167 Stucco (< 400 Sq. Ft.) New Each $350.62 0% $350.00 NA168 Stucco additional 100 sq. ft. New each 100 $47.68 1% $47.00 NA169 Siding (< 400 Sq. Ft.) New Each $268.81 0% $268.00 NA170 Siding additional 100 sq. ft. New each 100 sq. ft. $34.59 2% $34.00 NA171 New Window or opening New Each $164.49 0% $164.00 NA172 Additional window or opening New Each $70.55 1% $70.00 NA173 Window or door Replacement New Up to 5 windows $334.37 0% $334.00 NA174 additional 5 windows (Each) New $120.94 1% $120.00 NA175 Roof Solar Tube New Each $305.59 0% $305.00 NA176 Skylight New Each (Less than 10 sq. Ft.) $387.40 0% $387.00 NA177 Skylight New Each (Greater than 10 sq. Ft. or structural) $505.98 0% $505.00 NA178 Light Pole New Each (All trades) $836.10 0% $836.00 NA179 Additional light pole New each additional $141.10 0% $141.00 NA180 Flag Pole New Each $530.51 0% $530.00 NA181 Non-structural Re-Roofing - For the first 3,000 square feet $335.00 deposit $328.98 0% $328.00 flat -$7182 Non-structural - each additional 1,000 square foot New $93.94 1% $93.00 flat NA183 Structural Re-Roofing - For the first 2,000 square feet New $470.08 0% $470.00 flat NA184 Structural Re-roofing- each additional 1,000 square foot New $235.04 0% $235.00 flat NA185 Non-Retaining Block Wall up to 100 linear feet (City Standard Details) Engineer Design fees to be determined by BO Deposit Program $275.25 0% $275.00 flat NA 186 Non-Retaining Block Wall - each additional 100 linear feet (City Standard Details) Engineer Design fees to be determined by BO New $137.62 0% $137.00 flat NA 187 City Standard Retaining Wall for up to four feet high, up to 50 linear feet Deposit Program $458.69 0% $458.00 flat NA 188 City Standard Retaining Wall each additional 50 linear feet New $229.35 0% $229.00 flat NA189 Non-City Standard Retaining Wall for up to six feet high, up to 50 linear feet - Residential Foundation Repair (up to 3 plan reviews) New $599.80 0% $599.00 flat NA 190 Non-City Standard Retaining Wall each additional 50 linear feet - Residential Foundation Repair (up to 3 plan reviews) New $299.90 0% $299.00 flat NA 191 Non-City Standard Retaining Wall for up to nine feet high, up to 50 linear feet (up to 3 plan reviews) Deposit Program $859.48 0% $859.00 flat NA 192 Non-City Standard Retaining Wall each additional 50 linear feet New $370.45 0% $370.00 flat NA193 Pool / Spa (Up to 500 sq. ft.) (up to 3 plan reviews) Deposit Program $1,136.62 0% $1,136.00 flat NA194 Pool / Spa ( 500 sq. ft. to 1000 sq. ft.) (up to 3 plan reviews) New $1,864.42 0% $1,864.00 flat NA195 Pool / Spa (Greater than 1000 sq. ft.) (up to 3 plan reviews) New $2,555.44 0% $2,555.00 flat NA196 Small Appliances - For the first appliance $50.00 $105.20 0% $105.00 flat $55197 Temporary Trailer $500.00 deposit $414.86 0% $414.00 flat -$86198 Other Fees 39 Building & Safety
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ 199 Administrative Penalty Fee
1st Offense - Not to Exceed $100; 2nd Offense - Not to Exceed $200; 3rd Offense -Not to Exceed $500. The sum of all fines for the same violation is not to exceed $1,000 citations NA NA
1st Offense - Not to Exceed $100; 2nd Offense - Not to Exceed $200; 3rd Offense -Not to Exceed $500. The sum of all fines for the same violation is not to exceed $1,000 $0
200 Special Inspector Registration (Each Certification) New Each Certification $330.27 0% $330.00 NA201 ADA Hardship Exemption Form (Processing, review & approval) New per hour (Min. 4 hours) $189.00 0% $189.00 NA202 Building Code Modification Form or Alternate Means & Methods Form (Processing, review &approval) New per hour (5 hr Min.) $189.00 0% $189.00 NA 203 Temporary Structures/Buildings (Event stages, Event Tents, Construction Trailers,…….) New $759.27 0% $759.00 NA 204 Non-Residential Solar Permit 1,000.00 plus $7 per kW for each kW between 51kW and 250kW, and $5 for each kW above 250 kW Regulated NA NA $1,000.00 $0205 Residential Energy Storage System Permit 450.00 Recently
adopted /
Regulated
$452.81 1% $450.00 $0
206 Non-Residential Energy Storage System Permit 1,000.00 Regulated NA NA $1,000.00 $0207 Fire Sprinklers (Structural Review) New Building management rate (2 hrs min.) $377.99 0% $377.00 NA208 CERTIFICATE OF COMPLIANCE (New Construction) New $468.51 0% $468.00 NA209 Processing for Change of Contractor, Architect or Owner New $235.77 0% $235.00 NA210 Reinstatement of Expired Building Application (at discretion of Building Official) Each Extension 168.00 $235.77 0% $235.00 $67 211 Reinstatement of Expired Permit (at discretion of Building Official) Each Extension 168.00 $235.77 0% $235.00 $67 NOTE:For Items not identified above, the Building Official will determine the applicable feesDeposit based fees are subject to change based upon direction of the Community Development Director or designee per Municipal Code 3.32.035. 40 FIRE SERVICES
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ1 Fire Prevention Inspection Fee $134.00 Small Business $111.78 1% $111.00 per hour/unit -$232 Fire Suppression Inspection Fee New Small Business $83.91 1% $83.00 per 1/2 hour NA3 Operational Fire Permit $209.00 initial permit $55.89 2% $55.00 each permit -$1544 Fire Plan Check Rate $133.00 per hour $218.02 0% $218.00 per hour $855 Fire Inspection Rate $133.00 per hour $111.78 1% $111.00 per hour -$226 Fire Permit Technician Rate New per hour $94.59 2% $93.00 per hour NA7 After Hours Fire Inspection Rate $133.00 per hour $167.67 0% $167.00 per hour $348 After Hours Plan Check Rate $133.00 per hour $327.02 0% $327.00 per hour $1949 Additional Fire re-inspection $133.00 per hour $111.78 1% $111.00 per hour -$2210 Expedited Fire Plan Check(case by case basis at the direction of Director or designee) $200.00 per hour based upon contract cost recovery rate $282.29 1% $280.00 per hour $80 11 Permit Issuance Fee $40.00 each permit $94.59 1% $94.00 each permit $5412 Fire Code Non-Compliance Fee for Re- inspection after 2nd re-inspection $231.50 NA NA $300.00 $69 13 Fire False Alarm Response $192.00 per occurrence after 3rd occurrence after 90 days, or 4th occurrence after 180 days $671.31 0% $671.00 per occurrence $47914 Fire Code Interpretation Fee $42.00 per hour ($84 minimum) $188.19 0% $188.00 per hour ($376 minimum) $146 15 Event Stand-by (2 hour minimum) $160.00 per hour ($320 minimum) $111.78 1% $111.00 per hour ($222 minimum) -$49 16 Special events permit/inspection fee New per hour based upon cost recovery rate $111.78 1% $111.00 per hour NA17 Special events permit/inspection fee - after hours New per hour based upon cost recovery rate $167.67 0% $167.00 per hour NA 19 AM&M Review New $188.19 0% $188.00 per hour NA20 IROL Specialty System Fee New per report $35.00 0% $35.00 per report NA21 Fire Marshal Inspection Fee New per hour $188.19 0% $188.00 per hour NA22 Hazardous Vegetation Inspection Initial Inspection
New Fee waived, if compliance is made within 30 days $111.78 1% $111.00 NA 23 Hazardous Vegetation Inspection Reinspection (2nd and 3rd Inspection) New NA NA $222.00 per inspection NA 24 Hazardous Vegetation Inspection Reinspection (4th and Subsequent Inspections) New NA NA $444.00 per inspection NA 25 EMS Related FeesSet and adjusted per Orange County EMS fee schedule (Policy #714.00) Set and adjusted per Orange County EMS fee schedule (Policy #714.00) NA NA
Set and adjusted per Orange County fee schedule
$0.00
18 AB38 inspection $133.00 $111.78 1% $111.00 -$22.00
41 FIRE SERVICES
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ26 First Responder Fee(Non Residents; Senior living, assisted living, residential care, skilled nursing, and long-term acute care facilities that are not meeting the expected standard of care or having excessive lift assist/ help up calls) New
Engine on Scene - No ambulance
Non Residents; Senior living, assisted living, residential care, skilled nursing, and long-term acute care facilities that are not meeting the expected standard of care or having excessive lift assist/ help up calls $834.86 50% $415.00 NA
27 Assessment FeeNon Residents; Senior living, assisted living, residential care, skilled nursing, and long-term acute care facilities that are not meeting the expected standard of care or having excessive lift assist/ help up calls New
Engine on Scene AND ambulance
Non Residents; Senior living, assisted living, residential care, skilled nursing, and long-term acute care facilities that are not meeting the expected standard of care or having excessive lift assist/ help up calls $1,218.84 66% $415.00 NA
28 Fire Permit Extension Fee New $169.62 1% $168.00 NA
NOTE:Deposit based fees are subject to change based upon direction of the Community Development Director or designee per Municipal Code 3.32.035. 42 Police
Item No. Title
Current
Fee/Charge Unit Full Cost Subsidy % Suggested Fee Fee Δ 1 Audio Duplication $35.00 per copy $85.80 39% $52.00 $172 Alarm System Application Permit (Residential) $25.00 $43.27 15% $37.00 $123 Alarm System Application Permit (Commercial) $25.00 $43.27 15% $37.00 $124 Brea False Alarm Fees (1st & 2nd False Alarm) Free NA NA Free $05 Brea False Alarm Fees (3rd False Alarm) $100.00 NA NA $100.00 $06 Brea False Alarm Fees (4th False Alarm) $125.00 NA NA $125.00 $07 Brea False Alarm Fees (All False Alarms over 4) $150.00 NA NA $150.00 $08 Citation Sign-Off $25.00 $28.13 0% $28.00 $39 Clearance Letter $25.00 $31.22 1% $31.00 $610 Local Records Check $15.00 NA NA $15.00 $011 Photographs - Digital $35.00 $51.40 32% $35.00 $012 Police Reports $3.00 NA NA $3.00 $013 Subpoenas $15.00 NA NA $15.00 $014 Subpoena requiring officer appearance (applies to Firefighters and Peace Officers) $275 per day (Mandated by GC68097.2) NA NA $275 per day (Mandated by GC68097.2) $0 15 Vehicle Releases (Stored) $110.00 $145.43 0% $145.00 $3516 Vehicle Releases (Impounded) $162.00 $207.15 0% $207.00 $4517 Vehicle Repossession Fee $15.00 NA NA $15.00 $0 43 Police
Item No. Title
Current
Fee/Charge Unit Full Cost Subsidy % Suggested Fee Fee Δ 18 Video Duplication $35.00 per copy $110.55 53% $52.00 $1719 Parking Fees Varies NA NA Varies $020 Towing Franchising $30.00 NA NA Per Contract Rate $0 44 Public Works
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ1 Development Hourly Rates 2 Public Works Plan Check Management Rate $167.00 Per Hour $286.74 0% $286.00 per Hour (FLAT) $1193 Public Works Plan Check Rate $171.00 Per Hour $220.32 0% $220.00 per Hour (FLAT) $494 Public Works Inspection Management Rate $168.00 Per Hour $286.74 0% $286.00 per Hour (FLAT) $1185 Public Works Inspection Rate $168.00 Per Hour $219.85 0% $219.00 per Hour (FLAT) $516 Public Works Permit Technician Rate New Per Hour $104.24 0% $104.00 per Hour (FLAT) NA7 Expedited Public Works Plan Check Rate (case by case basis at the direction of Director or designee) New per Hour $330.48 0% $330.00 per Hour (FLAT) NA 8 After Hour Rate (Public Works Inspection) (2 Hour Minimum) $252.00 Per Hour $329.77 0% $329.00 per Hour (FLAT) $779 Admin Fees10 Permit Application $30.00 Per Permit $154.39 3% $150.00 Flat $12011 Permit Issuance $45.00 Per Permit $93.55 1% $93.00 Flat $4812 FOG Application $60.00 Per Permit $110.82 46% $60.00 Flat $013 Encroachment Permit Fees (Non-Development)14 Improvement Plan Review New Per Plan $857.60 1% $850.00 Flat NA15 per additional sheet New Per Sheet $46.05 2% $45.00 Deposit NA16 Traffic Control Review (site specific) New $286.74 1% $285.00 Flat NA17 Traffic Control Review (WATCH) New $77.20 3% $75.00 Flat NA18 Variance Request New $255.88 0% $255.00 Flat NA19 Addressing Review New $308.79 3% $300.00 Flat NA20 90 Day Permit Extension New $77.20 3% $75.00 Flat NA21 Encroachment Permit Fees (Development)22 Improvement Plan Review New $235.47 0% $235.00 Deposit NA23 per additional sheet New Per Sheet $92.10 2% $90.00 Deposit NA24 Traffic Control Review (site specific) New $317.88 1% $315.00 Deposit NA25 per additional sheet New Per sheet $143.37 2% $140.00 Deposit NA26 Traffic Control Review (WATCH) New $77.20 3% $75.00 Deposit NA27 Variance Request New $255.88 0% $255.00 Flat NA28 Addressing Review New $308.79 3% $300.00 Flat NA29 90 Day Permit Extension New $77.20 3% $75.00 Flat NA30 Encroachment Permit Fees (Utility)31 Improvement Plan Review New $380.47 0% $380.00 Deposit NA32 per additional sheet New Per Sheet $92.10 2% $90.00 Deposit NA33 Traffic Control Review (site specific) New $317.88 1% $315.00 Deposit NA34 per additional sheet New Per sheet $143.37 2% $140.00 Deposit NA35 Traffic Control Review (WATCH) New $77.20 3% $75.00 Deposit NA36 Variance Request New $255.88 0% $255.00 Flat NA37 Addressing Review New $308.79 3% $300.00 Flat NA38 90 Day Permit Extension New $77.20 3% $75.00 Flat NA39 Encroachment Permit Fees (SWF)40 Application, Plan Check, and Issuance Fee (up to 5 facilities) $500.00 Per Application Set by STATE $953.47 0% $950.00 Flat $45041 6+ Facilities $100.00 Per SWF after 5 Set by STATE $184.19 2% $180.00 Flat $80 45 Public Works
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Unit Fee Δ42 Application, Plan Check, and Issuance Fee (New Pole for SWF) $1,000.00 Per SWF Set by STATE $1,966.54 3% $1,900.00 Flat $90043 Recurring Fee $270.00 Per SWF Per year Set by STATE NA NA $270.00 Flat $044 Development Permit Fees45 Plan Review (Planning/Administrative Approvals) Varies Per Submittal $286.74 1% $285.00 Deposit NA46 Plan Review (Entitlement Review) Varies Per Submittal $5,734.72 0% $5,730.00 Deposit NA47 Plan Review (On-site building permit) Varies Per Submittal $10,035.76 0% $10,000.00 Deposit NA48 Plan Review (Off-site improvement plans) See below NA NA See below See below $049 0-5 Sheets New Per Tier $11,469.44 0% $11,460.00 Deposit NA50 6-10 Sheets New Per Tier $17,204.16 0% $17,200.00 Deposit NA51 11-15 Sheets New Per Tier $22,938.88 0% $22,930.00 Deposit NA52 16-20 Sheets New Per Tier $28,673.60 0% $28,670.00 Deposit NA53 20+ Sheets New Per Tier $34,408.32 0% $34,400.00 Deposit NA54 Plan Review (Technical Study) $2,400.00 Per Document $5,734.72 0% $5,730.00 Deposit $3,33055 Agreement Fee $2,400.00 Per Document $4,301.04 0% $4,300.00 Deposit $1,90056 Agreement Amendment Fee $2,400.00 Per Document $4,301.04 0% $4,300.00 Deposit $1,90057 Mapping Review Fee $4,000.00 Per Submittal $8,602.08 0% $8,600.00 Deposit $4,60058 Inspection Fees59 Inspection (Non-Dev) See non-dev encroachment permit fees above
Per Submittal Flat fee includes inspection NA NA See non-dev encroachment permit fees above $0 60 Inspection (Development & Utility)61 0-5 hours New Per Tier Deposit $1,433.68 0% $1,430.00 Per Tier NA62 6-10 hours New Per Tier Deposit $2,867.36 0% $2,860.00 Per Tier NA63 11-20 hours New Per Tier Deposit $5,734.72 0% $5,730.00 Per Tier NA64 21-30 hours New Per Tier Deposit $8,602.08 0% $8,600.00 Per Tier NA65 31+ hours New Per Tier Deposit $11,469.44 0% $11,465.00 Per Tier NA66 On-Site Inspection (NPDES) New Per Hour $197.33 1% $195.00 Per Hour (Deposit) NA67 Miscellaneous Fees68 Wide Load Permit $20.00 Per Submittal $38.85 2% $38.00 Flat $18 NOTE:Deposit based fees are subject to change based upon direction of the Community Development Director or designee per Municipal Code 3.32.035. 46 27368 Via Industria, Suite 200
Temecula, California 92590-4856
800.755.6864 | Fax: 888.326.6864
951.587.3500 | Fax: 951.587.3510
www.willdan.com
CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 4A.
2025 Public Health Goals on Water Quality

TO PREPARED BY
Honorable Mayor and City Council Members Rudy Correa, Public Works Utilities Manager

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Michael Ho, Public Works Director Kristin Griffith, City Manager

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

1. Conduct a Public Hearing to receive public input, and;

2. Accept and approve the 2025 Public Health Goals Report on Water Quality.

BACKGROUND/DISCUSSION
Under the Calderon-Sher Safe Drinking Water Act of 1996, public water systems in California serving greater than 10,000 service connections must prepare a report containing information on the detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and health risks for each contaminant exceeding a PHG.

The City of Brea must make this report available to the public every three years. This report must address the requirements outlined in Section 116470 of the California Health and Safety Code, and must be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Reports, which are mailed to customers by July 1 annually.

The attached 2025 Public Health Goals Report on Water Quality was prepared by Stetson Engineers, Inc. for the City's Water Utilities Division, and compares the City of Brea's drinking water quality with the PHGs and Maximum Contaminant Level Goals (MCLG) set forth by the Office of Environmental Health Hazard Assessment (OEHHA) and the United States Environmental Protection Agency (EPA). PHGs and MCLGs are not enforceable standards, and no action to meet them is mandated or required. The City's water system complies with all of the health-based drinking water standards and MCLGs set forth by the California Department of Public Health and the EPA.

This item has satisfied all the public noticing requirements including a Notice of Public Hearing that was posted on August 28, 2025, in the Star-Progress. No additional actions are required.

FISCAL IMPACT/SUMMARY
This action has no fiscal impact to the General Fund.

Attachments
Brea 2025 Public Health Goals on Water Quality Report

CITY OF BREA
2025 PUBLIC HEALTH GOALS REPORT
JUNE 2025

City of Brea 1 2025 PHGs Report
2025 Public Health Goals (PHGs) Report
City of Brea

1.0 Introduction
Under the Calderon-Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial PHGs Report was due on July 1, 1998, and subsequent reports are due every three years thereafter.

The 2025 PHGs Report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2022, 2023, and 2024 or, if certain analyses were not performed during those years, the most recent data is used. The 2025 PHGs Report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Report (also known as Water Quality Report), which is provided to customers by July 1 of each year.

There are no regulations explaining requirements for the preparation of PHGs reports. A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHGs reports. The ACWA guidelines were used in the preparation of this 2025 PHGs Report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines.

2.0 California Drinking Water Regulatory Process
California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is

City of Brea 2 2025 PHGs Report
proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime.

The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system.

The State office designated to develop PHGs is the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). The PHG is then forwarded to the State Water Resources Control Board, Division of Drinking Water (DDW) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. State MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL. Each MCL is reviewed at least once every five years.

Two radiological contaminants (gross alpha particle activity and gross beta particle activity) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal U.S. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the 2025 PHGs Report.

3.0 Identification of Contaminants
Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG.

The City of Brea (City) water system has approximately 12,910 service connections. The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs:
 Bromate – formed when naturally-occurring bromide reacts with ozone during the disinfection process in treated surface water purchased from the Metropolitan Water District of Southern California (MWDSC).

City of Brea 3 2025 PHGs Report
 Gross alpha particle activity (gross alpha) – naturally-occurring in imported groundwater purchased from California Domestic Water Company (CDWC) and in treated surface water purchased from MWDSC.
 Gross beta particle activity (gross beta) – naturally-occurring in treated surface water purchased from MWDSC; not required to be tested in imported groundwater.  Hexavalent Chromium – naturally-occurring in imported groundwater purchased from CDWC.
 Perchlorate – industrial contamination in imported groundwater purchased from CDWC.  Perfluorooctanesulfonic acid (PFOS) – industrial contamination in imported groundwater purchased from CDWC.
 Tetrachloroethylene (PCE) – industrial contamination in imported groundwater purchased from CDWC.
 Trichloroethylene (TCE) – industrial contamination in imported groundwater purchased from CDWC.
 Radium, Combined, is the sum of Radium-226 and Radium-228 – naturally-occurring in imported groundwater purchased from CDWC.
 Uranium – naturally-occurring in imported groundwater purchased from CDWC and in treated surface water purchased from MWDSC.

The accompanying table shows the applicable PHG or MCLG and MCL for each contaminant identified above. The table includes the maximum, minimum, and average concentrations of each contaminant in drinking water supplied by the City in calendar years 2022 through 2024.

4.0 Numerical Public Health Risks
Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany table. Only numerical risks associated with cancer-causing chemicals have been quantified by OEHHA.

City of Brea 4 2025 PHGs Report
Bromate – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 1 excess case of cancer in 10,000 people exposed over a 70-year lifetime.

Gross Alpha – OEHHA has not established a PHG. USEPA has established an MCLG of 0.

USEPA has determined the risk associated with the MCL is 1 excess case of cancer in 1,000 people exposed over a 70-year lifetime for the most potent alpha emitter.

Gross Beta – OEHHA has not established a PHG. USEPA has established an MCLG of 0.

USEPA has determined the risk associated with the MCL is 2 excess cases of cancer in 1,000 people exposed over a 70-year lifetime for the most potent beta emitter.

Hexavalent Chromium – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 5 excess cases of cancer in 10,000 people exposed over a 70-year lifetime.

Perchlorate – OEHHA has not established a numerical health risk for perchlorate because PHGs for non-carcinogenic chemicals in drinking water are set at a concentration at which no known or anticipated adverse health risks will occur, with an adequate margin of safety.

PFOS – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people. There is no California MCL for PFOS; therefore, the risk information associated with the MCL is not available/applicable.

PCE – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 8 excess cases of cancer in 100,000 people exposed over a 70-year lifetime.

TCE – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 3 excess cases of cancer in a million people exposed over a 70-year lifetime.

Radium, Combined – OEHHA has determined that the health risk associated with the PHG is 1 excess case of cancer in one million people over a 70-year lifetime exposure; and the risk

City of Brea 5 2025 PHGs Report
associated with the MCL is 1 excess case of cancer in 10,000 people for radium-226 and 3 excess cases of cancer in 10,000 people for radium-228 over a 70-year lifetime exposure.

Uranium – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70-year lifetime.

5.0 Identification of Risk Categories
Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying table.

6.0 Description of Best Available Technology
Section 116470(b)(4) of the Health and Safety Code requires a description of the BAT, if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The BATs are shown on the accompanying table.

7.0 Costs of Using Best Available Technologies and Intended Actions Section 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate cost and cost per customer of utilizing the BATs identified to reduce the concentration of a contaminant to a level at or below the PHG or MCLG. In addition, Section 116470(b)(6) requires a brief description of any actions the water purveyor intends to take to reduce the concentration of the contaminant and the basis for that decision.

Bromate – The BATs for removal of bromate in water for large water systems are:
coagulation/filtration optimization, granular activated carbon, and reverse osmosis. Bromate was detected above the PHG in the treated surface water purchased from MWDSC. The City is in compliance with the MCL for bromate. The estimated cost to reduce bromate levels in MWDSC water to below the PHG of 0.1 microgram per liter (µg/l) using reverse osmosis was calculated. Because the DDW detection limit for purposes of reporting (DLR) for bromate is 1

City of Brea 6 2025 PHGs Report
µg/l, treating bromate to below the PHG level means treating bromate to below the DLR of 1 µg/l. There are numerous factors that may influence the actual cost of reducing bromate levels to the PHG. Achieving the water quality goal for bromate could range from approximately $121,000 to $1,040,000 per year, or between $9 and $80 per service connection per year.

Gross Alpha, Gross Beta, Combined Radium, and Uranium – The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove gross beta, combined radium, and uranium, if detected. Gross alpha was detected above the MCLG in the imported groundwater purchase from CDWC and treated surface water purchased from MWDSC. Gross beta was detected above the MCLG in the treated surface water purchased from MWDSC. Combined radium was detected above the MCLG in the imported groundwater purchased from CDWC. Uranium was detected above the PHG in the imported groundwater purchased from CDWC and treated surface water purchased from MWDSC. The cost of providing treatment using reverse osmosis to reduce gross alpha levels to the MCLG of 0 picoCurie per liter (pCi/l) (and consequently gross beta to below the MCLG of 0 pCi/l, combined radium to below the MCLG of 0 pCi/l, and uranium to below the PHG of 0.43 pCi/l) was calculated. Because the DLR for gross alpha is 3 pCi/l, treating gross alpha to 0 pCi/l means treating it to below the DLR of 3 pCi/l (and treating gross beta, radium-226, radium-228, and uranium to below their respective DLRs of 4 pCi/l, 1 pCi/l, 1 pCi/l, and 1 pCi/l). Achieving the water quality goal for gross alpha could range from $3,100,000 to $26,500,000 per year, or between $240 and $2,060 per service connection per year.

Hexavalent Chromium – The BATs for removal of hexavalent chromium in water for large water systems are: ion exchange, reduction/coagulation/filtration, and reverse osmosis.

Hexavalent chromium was detected above the PHG in the imported groundwater purchased from CDWC. The City is in compliance with the MCL for hexavalent chromium. The estimated cost to reduce hexavalent chromium levels in the groundwater to below the PHG of 0.02 µg/l using reduction/coagulation/filtration was calculated. Because the DLR for hexavalent chromium is 0.1 µg/l, treating hexavalent chromium to below the PHG level means treating hexavalent chromium to below the DLR of 0.1 µg/l. There are numerous factors that may influence the actual cost of reducing hexavalent chromium levels to the PHG. Achieving the water quality goal for hexavalent chromium could be approximately $6,070,000 to $38,000,000 per year, or between $470 and $2,940 per service connection per year.

City of Brea 7 2025 PHGs Report
Perchlorate – The BATs for removal of perchlorate in water for large water systems are ion exchange and biological fluidized bed reactor. Perchlorate was detected above the PHG in the imported groundwater purchased from CDWC. The City is in compliance with the MCL for perchlorate. The estimated cost to reduce perchlorate levels in the groundwater to below the PHG of 1 µg/l using ion exchange was calculated. Because the DLR for perchlorate is 1 µg/l, treating perchlorate to below the PHG level means treating perchlorate to below the DLR of 1 µg/l. There are numerous factors that may influence the actual cost of reducing perchlorate levels to the PHG. Achieving the water quality goal for perchlorate could be approximately $1,900,000 to $4,170,000 per year, or between $147 and $323 per service connection per year.

PFOS – The BATs for removal of PFOS in water for large water systems are: granular activated carbon, ion exchange, and reverse osmosis. PFOS was detected above the PHG in the imported groundwater purchased from CDWC. The City is in compliance with the State requirements for PFOS. The estimated cost to reduce PFOS levels in the groundwater to below the PHG of 1 nanogram per liter (ng/l) using ion exchange was calculated. Because the DDW Consumer Confidence Report Detection Level (CCRDL) for PFOS is 4 ng/l, treating PFOS to below the PHG level means treating PFOS to below the CCRDL of 4 ng/l. There are numerous factors that may influence the actual cost of reducing PFOS levels to the PHG. Achieving the water quality goal for PFOS could be approximately $1,900,000 to $26,000,000 per year, or between $147 and $2,010 per service connection per year.

PCE and TCE – The BATs for removing PCE and TCE in water are granular activated carbon (GAC) and packed tower aeration (PTA). PCE and TCE were detected above their respective PHGs in the imported groundwater purchased from CDWC. The City is in compliance with the MCL for PCE and TCE. The estimated cost to treat PCE and TCE in the groundwater to below their respective PHGs of 0.06 µg/l and 1.7 µg/l using PTA was calculated. Because the DLR for PCE and TCE is 0.5 µg/l, treating PCE and TCE to below their respective PHGs means treating PCE and TCE to below the DLR of 0.5 µg/l. There are numerous factors that may influence the actual cost of treating PCE and TCE levels to their respective PHGs. Achieving the water quality goal for PCE and TCE using PTA could range from $1,080,000 to $4,030,000 per year, or between $84 and $312 per service connection per year.

All Contaminants – In addition, a cost estimate to treat all water produced by the City using ion exchange, PTA, and reverse osmosis to remove all the contaminants detected above the PHGs

City of Brea 8 2025 PHGs Report
or MCLGs was calculated. All the contaminants listed in the accompanying table may be removed to non-detectable levels by ion exchange, PTA, and reverse osmosis. As shown on the accompanying table, achieving the water quality goals for all contaminants using ion exchange, PTA, and reverse osmosis could range from $6,080,000 to $34,800,000 per year, or between $471 and $2,690 per service connection per year.

For additional information, please contact Mr. Rudy Correa at (714) 990-7697, or write to the City of Brea, 1 Civic Center Circle, Brea, California 92821.

J:\2349 Brea\010 PHG 2025\Brea_2025 PHG_text_Final.docx

UNITS PHG MCL DLR CATEGORY CANCER RISK CANCER BEST AGGREGATE COST PER

PARAMETER OF OR OR AVERAGE RANGE OF AT PHG RISK AVAILABLE COST SERVICE CONNECTION MEASUREMENT (MCLG)* (CCRDL) RISK OR MCLG AT MCL TECHNOLOGIES PER YEAR PER YEAR INORGANIC CHEMICALSBromate μg/l 0.1 10 1 ND ND - 6.3 C 1 x 10-6 1 x 10-4 C/F, GAC, RO $121,000 - $1,040,000 (a) $9 - 80 (a) Hexavalent Chromium μg/l 0.02 10 0.1 1.4 ND - 3.4 C 1 x 10-6 5 x 10-4 IE, R/C/F, RO $6,070,000 - $38,000,000 (b) $470 - $2,940 (b)Perchlorate μg/l 1 6 1 ND ND - 3.5 E NA NA IE, BFBR $1,900,000 - $4,170,000 (c) $147 - $323 (c) ORGANIC CHEMICALSTetrachloroethylene (PCE) μg/l 0.06 5 0.5 ND ND - 1.1 C 1 x 10-6 8 x 10-5 GAC, PT A $1,080,000 - $4,030,000 (d) $84 - $312 (d)
Trichloroethylene (TCE) μg/l 1.7 5 0.5 0.5 ND - 2.7 C 1 x 10-6 3 x 10-6 GAC, PT

A -- --
Perfluorooctanesulfonic Acid (PFOS) ng/l 1 4 ** (4) ND ND - 8.2 *** C 1 x 10-6 (e) GAC, IE, RO $1,900,000 - $26,000,000 (f) $147 - $2,010 (f) RADIOLOGICALGross Alpha Particle Activity pCi/l (0) 15 3 ND ND - 5 C 0 1 x 10-3 RO $3,100,000 - $26,500,000 (g) $240 - $2,060 (g)Gross Beta Particle Activity pCi/l (0) 50 4 ND ND - 9 C 0 2 x 10-3 IE, RO -- -- Radium, Combined (h) pCi/l (0) 5 1 (h) ND ND - 1
C 1 x 10-6 3 x 10-4 IE, LS, RO -- --
Uranium pCi/l 0.43 20 1 2 ND - 3.2 C 1 x 10-6 5 x 10-5 IE, RO, LS,C/F -- -- ALL CONTAMINANTS -- -- -- -- -- -- -- -- -- IE, PTA, and RO $6,080,000 - $34,800,000 (i) $471 - $2,690 (i)* MCLGs are shown in parentheses. MCLGs are provided only when no applicable PHG exists.** Federal MCL*** Range of detections reported before the effective Federal MCL compliance date of April 26, 2029. TREATMENT TECHNOLOGIES BFBR = Biological fluidized Bed Reactor
RISK CATEGORIES C/F = Coagulation/FiltrationC (Carcinogen) = A substance that is capable of producing cancer. C/F = Coagulation/FiltrationE (Endocrine Toxicity and Developmental Toxicity) = A substance that can affect the thyroid or cause neurodevelopmental deficits. GAC = Granular Activated Carbon IE = Ion Exchange
NOTES LS = Lime SofteningCCRDL = Consumer Confidence Report Detection Level PTA = Packed Tower AerationDLR = Detection Limit for Purposes of Reporting R/C/F = Reduction/Coagulation/FiltrationMCL = Maximum Contaminant Level RO = Reverse OsmosisMCLG = Maximum Contaminant Level Goal μg/l = micrograms per liter or parts per billion
NA = Not ApplicableND = Not Detectedng/l = nanograms per liter or parts per trillionpCi/l = picoCuries per literPHG = Public Health Goal (a) Estimated cost to remove bromate using RO.(b) Estimated cost to remove hexavalent chromium using R/C/F. (c) Estimated cost to remove perchlorate using IE.(d) Estimated cost to remove PCE and TCE using PTA.(e) Not applicable. Cancer risk cannot be calculated.(f) Estimated cost to remove PFOS using IE.(g) Estimated cost to remove gross alpha particle activity using RO, which also removes combined radium, gross beta particle activity, and uranium. (h) As the sum of radium-226 and radium-228. DLRs for radium-226 and radium-228 is 1 pCi/L and 1 pCi/L, respectively.(i) Assuming treating the entire production by IE, PTA, and RO, which can remove all contaminants listed in the above table to below the detectable levels. 2025 PUBLIC HEALTH GOALS REPORT

CITY OF BREA

CONCENTRATION
J:\2349 Brea\010 PHG 2025\Brea_phgtable_2025_Final.xlsx CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 4B.

Second Reading Brea Construction Code Tri-Annual Code Update

TO PREPARED BY
Honorable Mayor and City Council Members Chris Varela, Building Official

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director
Kristin Griffith, City Manager

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

1. Hold a public hearing to consider adoption of ordinance No. 1264;

2. Adopt by title only and waive further reading of Ordinance No. 1264, adopting by reference and amending, Codes comprising the 2025 Edition of the California Building Standards Code, and related “model” codes (collectively “California Code(s)” sometimes herein), the 2024 International Swimming Pool and Spa Code, and the 2024 International Property Maintenance Code; and

3. Adopt Resolution No. 2025-061 , setting forth required findings for amendments to the 2025 Edition of the California Building Standards Code and related “model” codes (collectively “California Code(s)” sometimes herein), and the 2024 International Swimming Pool and Spa Code, based on local climatic, topographical, and/or geological conditions.

BACKGROUND/DISCUSSION
The City of Brea is mandated by the California Health and Safety Code to adopt Codes contained in the California Building Standards Code every three years. The 2025 Edition of the California Building Standards Code, as adopted and amended by the City, will become Brea’s Construction Codes effective January 1, 2026.

Assembly Bill 130 (2025), effective June 30 of this year, imposes a moratorium on local amendments to residential building standards not already in effect, subject to limited exceptions. This moratorium is effective from October 1, 2025, through June 1, 2031 and effectively requires local jurisdictions to adopt and amend the Codes by October 1, 2025. Failure to adopt such local amendments by October 1 would reduce the enhanced level of safety to the public that the amendments normally provide.

This Ordinance will amend Title 15 of the Brea City Code by repealing references to the prior editions of the model Codes, as adopted and amended by the State, and replacing them with the 2025 California Codes. The Ordinance will also adopt related “model” Codes that are not part of the California Building Standards Code.

Similar to past code adoptions, the Building & Safety Division is recommending changes and modifications be made to building standards contained in the 2025 California Codes based on legally required findings that such revisions are reasonable and necessary due to local climatic, topographic, and/or geologic conditions in Brea.

Those findings will be set forth in a resolution that will be presented to the Council for consideration at second reading of the Ordinance. Other modifications are of an administrative or procedural nature, or relate to subjects that are not covered by the Codes, or are otherwise reasonably necessary to safeguard life and property within Brea.

The Ordinance will adopt by reference and amend the 2025 Editions of the California Administrative, Building, Residential, Mechanical, Plumbing, Electrical, Green Building Standards, Energy, Historical Building, and Existing Building Codes, as contained in the California Building Standards Code. The Ordinance will also adopt the 2024 Editions of the International Property Maintenance Code and International Swimming Pool and Spa Code.

The City Attorney’s office has reviewed and approved the format of all documents associated with the 2025 California Code adoption process.

Environmental Review
The proposed Ordinance includes the finding that it has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed Ordinance is exempt from the requirements to prepare additional environmental documentation as it can be seen with certainty that there is no possibility that adoption of the Ordinance may have a significant effect on the environment. The proposed updates to the 2025 California Codes are consistent with the safeguards previously adopted by the City and are carried over from the 2022 Codes in order to maintain the higher level of safety required in Brea due to local conditions. As such, it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT/SUMMARY
The adoption of the 2025 California Codes is expected to have minimal to no fiscal impact on the General Fund, as any related costs will be absorbed with existing appropriations.

Attachments
2025 Resolution - Building Codes_09-10-25.pdf
Brea-Ordinance-Building Codes-2025-clean-9-10-25.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA,

CALIFORNIA, SETTING FORTH REQUIRED FINDINGS FOR
AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS
CODE, AND ADOPTION AND AMENDMENT OF THE 2024

INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC), BASED

ON LOCAL CLIMATIC, TOPOGRAPHICAL AND GEOLOGICAL

CONDITIONS
A. RECITALS:
(i) Certain building standards and other related provisions contained in national model and uniform codes are adopted and amended by the State of California, and thereafter published as the California Building Standards Code (“CBSC”). The 2025 CBSC will become applicable in the City, subject to amendments made by the City pursuant to Health and Safety Code Sections 17958.5 and/or 18941.5. (ii) Health and Safety Code Sections 17958.5 and 18941.5 authorize the City Council to make reasonably necessary modifications to the California Building Standards Code, based on certain local conditions.
(iii) Health and Safety Code Section 17958.7 requires that, before making any modifications to building standards contained in the CBSC, the City Council shall make an express finding that each such modification is reasonably necessary because of local climatic, geological, or topographical conditions. (iv) The City’s Building & Safety Division Community Development Department has recommended that modifications be made to building standards and other provisions contained in the CBSC, and has advised that certain modifications are reasonably necessary due to local conditions. City’s Building & Safety Division Community Development Department has further advised that the remainder of such modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the CBSC or are reasonably necessary to safeguard life and property within the City of Brea.

B. RESOLUTION:

NOW, THEREFORE, be it is found, determined and resolved by the City Council of the City of Brea as follows:

Section 1. Amendments to building standards contained in Sections 105.2, 903.2, 903.2.8, 918.2, Table 1505.1, 1505.1.2, 1505.5, 1505.7, 1807.1.6, 1809.7, Table 1809.7, 1809.8, and 2304.10.2, Appendix B and G of the 2025 Edition of the California Building Code, and Table R301.2, Sections R405.1, R902.1, R902.1.2, R902.2, Appendix BF, BF105.1, BF105.2 and Appendix CI, Section 115922(a), of the 2025 Edition of the California Residential Code, and adoption of the 2024 International Swimming Pool and Spa Code, including the addition of Sections 305.2(a) and 305.2(b), and deletion of Sections 305.2.1, 305.3, as recommended by the Community Development Department, are hereby found to be reasonably necessary due to the to the following local conditions:

A. Climatic Conditions

1. Orange County and the City of Brea are located in a semi-arid Mediterranean type climate which predisposes all fuels, including wood shingles, to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.

2. Hot, dry Santa Ana winds are common to all areas within the City of Brea and Orange County in general. These winds, which can cause small fires to spread quickly and are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences.

B. Geological Conditions

1. Seismic Area. Orange County and the City of Brea are located in a highly active seismic area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport-Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. The Puente Hills thrust fault, runs from the suburbs of northern Orange County, through the San Gabriel Valley and under the skyscrapers of downtown Los Angeles before ending in Hollywood.

Experts report that a major, magnitude 7.5 earthquake on the fault could do more damage to the heart of Los Angeles than the dreaded Big One on the San Andreas fault, which is on the outskirts of metropolitan Southern California.

In 1987, a "moderate" quake on that fault killed eight people and caused more than $350 million in damage. The magnitude 5.9 Whittier Narrows quake left old brick buildings in Whittier's downtown area battered and also damaged some freeway bridges. More than 100 single-family homes and more than 1,000 apartment units were destroyed.

On March 28, 2014 at approximately 9:09 pm the City of Brea and adjacent cities experienced an earthquake with a magnitude 5.1 followed by several foreshock earthquakes of varying magnitudes. These Puente Hills fault earthquakes were severe enough to cause the activation of the City of Brea’s Emergency Operation Center (EOC) and set into motion Brea’s first responders. The City withstood the event well but some structures experienced some damage resulting in millions of dollars in repair cost.

These past, and future seismic events create a need for additional structural safety measures and fire protection measures for building occupants in the City of Brea.

2. Methane gas. The City of Brea is also known for oil deposits. Methane seepage has been detected at several locations in the city of Brea do to oil operations and natural causes. Under normal atmospheric conditions methane gas is not a hazard. However, at high concentrations it is flammable, and at concentrations between 55,000 and 140,000 ppm (parts per million), it is explosive. Although it is not toxic, it can lead to asphyxiation if it replaces oxygen in an enclosed space.

Methane is lighter than air; therefore, it tends to migrate upward through permeable sediments, rock fractures, and man-made pathways. If allowed to accumulate inside buildings, dangerous explosions can result. If free of impurities, methane is colorless and odorless, making it difficult for a building's inhabitants to detect. Therefore, areas in Brea have a need for increased protection and mitigation from methane gas.

3. Areas of Brea lie within the Brea-Olinda oil field, and is known for its surface seeps of naturally occurring oil and tar since the days of the Spanish missionaries (“brea” is the Spanish word for tar). Before development, asphaltum, tar, and active oil seepage may be present. Although crude oil is not classified as a hazardous substance by the State of California, oil seeps and tar are generally viewed as unsightly and a “nuisance hazard.” C. Topographical Conditions

1. Brea is located in the heart of La Habra Valley, which stretches from East Whittier to Yorba Linda, at the northern boundary of Orange County where it joins Los Angeles County. To the northwest are the Puente Hills, the Chino Hills stretch northeastward. The Coyote Hills form the southern boundary. Brea’s official elevation is 375 feet, but varies with the rolling terrain. Brea is home to the Brea Dam constructed and operated by the Corps of Engineers with a single purpose flood control project in 1942.

2. Traffic and circulation congestion presently existing in the City of Brea often places fire department response time to fires and medical emergencies at risk.

This condition can be exacerbated given the terrain and winding roads. Any major disaster, including earthquake may damage the highway system and possibly cause landslides, compromising our roads and city circulation. This topographic local condition makes the need for additional on-site protective measures and systems to provide greater safety to property occupants.

Additional amendments have been made to the Codes. On the recommendation of the Community Development Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in such Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City.

Amendments to the 2025 California Building Standards Code, and adoption of, and additions and deletions to, the 2024 International Swimming Pool and Spa Code (“ISPSC”) are found reasonably necessary based on the climatic, topographical, and/or geological conditions cited in Section 1 of this Resolution and are listed as follows:

Building Code Findings in Section 1
CBC 105.2, B-1
CBC 903.2, 903.2.8, A-1, A-2, B-2, B-3
CBC 918.2 A-1, A-2, B-2
CBC Table 1505.1, 1505.1.2, 1505.5, 1505.7 A-1, A-2, B-2, CBC 1807.1.6, 1809.7, Table 1809.7,1809.8, 2304.10.2, B-1 CBC Appendix B, G B-1, C1
Residential Code
CRC Table R301.2, R405.1 A-1, A-2, B-1, B-2, C-1,C-2
CRC R902.1, R902.1.2, R902.2 A-1, A-2, B-2
CRC Appendix BF, BF105.1, BF105.2 B-1
CRC Appendix CI, Section 115922(a) C-2
Swimming Pools
ISPSC (adoption) C-2
ISPSC 305.2(a) C-2
ISPSC 305.2(b) C-2
ISPSC 305.2.1 (deleted) C-2
ISPSC 305.3 (deleted) C-2

The aforementioned amendments are incorporated in detail in Ordinance No. 1264.

Section 2. The City Council declares that, should any article, provision, finding, section, paragraph, sentence or word of this Resolution be or be declared invalid by any final court action in a court of competent jurisdiction, or by administrative determination, or by reason of any preemptive legislation, the remaining articles, provisions, findings, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect.

APPROVED and ADOPTED this 16th day of September, 2025.

Blair Stewart, Mayor
ATTEST:

Victoria Popescu, City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on September 16, 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED:

Victoria Popescu, City Clerk
1 ORDINANCE NO. 1264

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA

ADMINISTRATIVE, BUILDING, RESIDENTIAL, MECHANICAL,

PLUMBING, ELECTRICAL, GREEN BUILDING STANDARDS, ENERGY, HISTORICAL BUILDING, AND EXISTING BUILDING CODES, THE 2024

EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2024 EDITION OF THE INTERNATIONAL SWIMMING POOL

AND SPA CODE, TOGETHER WITH APPENDICES, AMENDMENTS,
DELETIONS AND PENALTIES, AMENDING TITLE 15 OF THE BREA

CITY CODE, AND APPROVING A CEQA EXEMPTION DETERMINATION A. RECITALS.
(i) Section 50022.1, et seq. of the California Government Code authorizes the adoption by reference of codes comprising the California Building Standards Code.
(ii) At least one (1) copy of said Codes, certified as full, true and correct, has been filed in the office of the City Clerk of the City of Brea in accordance with the provisions of California Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE.

NOW, THEREFORE, the City Council of the City of Brea does hereby ordain as follows:

SECTION 1. In all respects as set forth in the Recitals, Part A, of this Ordinance.

SECTION 2. Chapters 15.04, 15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.28, 15.32,

15.34, 15.36 and 15.220 of Title 15 of the Brea City Code hereby are repealed; provided, however, that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Codes adopted by reference and amended by Ordinance No. 1232 of this City, shall continue to be applicable to construction wherein plans have been submitted for plan check prior to the effective date of this Ordinance so long as the initial permit therefor is issued no later than ninety (90) days after the effective date of this Ordinance.

SECTION 3. A new Chapter 15.04 is hereby added to Title 15 of the Brea City Code to read as follows:
2 “CHAPTER 15.04: ADMINISTRATIVE CODE
“Section

15.04.010 2025 California Administrative Code Adopted

15.04.020 Conflicting provisions
§ 15.04.010 2025 CALIFORNIA ADMINISTRATIVE CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Administrative Code’ is hereby adopted in its entirety and shall be and become the Administrative Code of the City of Brea.
§ 15.04.020 CONFLICTING PROVISIONS.

In the event of a conflict between any provision contained in the Administrative Code and the administrative provisions of the City’s building codes, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or will more fully promote the intent of the city’s building codes.” SECTION 4.

A new Chapter 15.08 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.08: BUILDING CODE
“Section
“15.08.010 2025 California Building Code Adopted
“15.08.020 2025 California Building Code-Amendments
§15.08.010 2025 CALIFORNIA BUILDING CODE ADOPTED.

The ‘2025 California Building Code’, including Appendices B and G, and incorporating the ‘2024 International Building Code’ as published by the International Code Council, hereby is adopted in its entirety as the Building Code of the City of Brea, together with the amendments, additions, deletions and exceptions set forth in this chapter. §15.08.020 2025 CALIFORNIA BUILDING CODE-AMENDMENTS.

The California Building Code is hereby amended as follows:

SECTION 105.2 WORK EXEMPT FROM PERMIT-AMENDED
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
3 Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and maximum height of 12 ft. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Masonry or concrete fences not over 3 feet (1524 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. It is permissible to request a building permit when pools will be placed adjacent to a retaining wall and exceeds 1,000 gallons (3,785 L).

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support in occupancy Groups R-3 and U.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1219 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
4 Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

SECTION 903.2 WHERE REQUIRED-AMENDED
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 m2 ), or
the building is more than two stories in height, regardless of fire areas or allowable area.
5 2. New buildings in the High Fire Hazard Severity Zone (HFHSZ) and Very High Fire Hazard Severity Zone (VHFHSZ): An automatic sprinkler system shall be provided in all new occupancies in the HFHSZ and VHFHSZ.

3. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 50% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2
); or
b. When the addition exceeds 2,000 (185.81 m2) square feet and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

SECTION 903.2.8 GROUP R-AMENDED
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 50% or more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (92.903 m2 ) within a two
year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
6 3. Existing buildings in the High Fire Hazard Severity Zone (HFHSZ) and Very High Fire Hazard Severity Zone (VHFHSZ): An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% of more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (93.902 m2) within a two year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

SECTION 918.2 EMERGENCY RESPONDER RADIO COVERAGE IN EXISTING

BUILDINGS - ADDED
918.2 Emergency responder radio coverage in existing buildings.

Existing buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception 1, of the Brea Fire Code.

2. Within a time frame established by the adopting authority.

3. The emergency responder radio coverage shall comply with the following Brea Fire Department guidance document:
‘Information for Digital Antenna Systems (DAS)/Bi-Directional Amplification (BDA) Systems’
TABLE 1505.1- AMENDED
TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m
2 .
7 a. Unless otherwise required in accordance with Chapter 7A or due to the location of the building within a fire district in accordance with Appendix D.

SECTION 1505.1.2 ROOF COVERINGS WITHIN ALL OTHER AREAS OTHER THAN

FIRE HAZARD SEVERITY ZONES OR WILDLAND - URBAN INTERFACE -

AMENDED
1505.1.2 Roof coverings in all areas. The entire roof covering of every existing structure where more than 33 percent of the total roof area is replaced within any twoyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

SECTION 1505.5 NON-CLASSIFIED ROOFING-DELETED
SECTION 1505.7 SPECIAL PURPOSE ROOFS-DELETED
SECTION 1807.1.6 PRESCRIPTIVE DESIGN OF CONCRETE AND MASONRY

FOUNDATION WALLS-AMENDED
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

SECTION 1809.7 PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME

CONSTRUCTION-AMENDED
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7.

Prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS SUPPORTED
BY THE FOOTING f

WIDTH OF FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing. c. Interior stud-bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this table, and footings shall be spaced not more than 6 feet on center. 8 d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
g. Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick in structures assigned to Seismic Design Category A & B.

SECTION 1809.8 PLAIN CONCRETE FOOTINGS-DELETED
SECTION 2304.10.2 FASTENER REQUIREMENTS-AMENDED
2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing performed by an approved laboratory under a licensed professional engineer and results are approved by the building official.

APPENDIX B BOARD OF APPEALS-ADOPTED.

Appendix B of the California Building Code is hereby adopted by reference in its entirety with no amendments.

APPENDIX G FLOOD-RESISTANT CONSTRUCTION-ADOPTED.

Appendix G of the California Building Code is hereby adopted by reference in its entirety with no amendments.”
SECTION 5.

A new Chapter 15.10 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.10 RESIDENTIAL CODE
Section

15.10.010 2025 California Residential Code Adopted

15.10.020 2025 California Residential Code-Amendments

§15.10.010 2025 CALIFORNIA RESIDENTIAL CODE ADOPTED.

The ‘2025 California Residential Code’, including Appendices BF and CI, and incorporating the ‘2024 International Residential Code’ as published by the International Code Council, is hereby adopted in its entirety as the Residential Building Code of the City of Brea, together with the amendments, additions, deletions and exceptions set forth in this chapter.
9 §15.10.020 2025 CALIFORNIA RESIDENTIAL CODE-AMENDMENTS.

The California Residential Code is hereby amended as follows:

TABLE R301.2-AMENDED
TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD o

WIND DESIGN

SEISMIC
DESIGN

CATEGORY
f

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE

BARRIER

UNDERLAYM
ENT
REQUIRED h
FLOOD

HAZARDS
g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed
d
(mph)
Topographic
effects k
Special
wind
regionl
Wind
borne
debris
zonem Weathering a
Frost line
Depth b Termite c
Zero 95 No No NO D2 or E Negligible 0 Very Heavy 43 No
See
Exhibit B 0 65.1
MANUAL J DESIGN CRITERIAn
Elevation
Altitude
Correction factor e
Coincident
Wet bulb
Indoor winter design
dry-bulb temperature
Indoor winter design
dry-bulb temperature
Outdoor winter
design dry-bulb
temperature
Heating
temperature
difference
275 68
Latitude Daily range
summer design
design gains
Indoor summer
design relative
humidity
Indoor summer design
Dry-bulb temperature
Outdoor summer
design dry-bulb
temperature
Cooling
Temperature
difference
34 29

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.

The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C 34, ASTM C 55, ASTM C 62, ASTM C 73, ASTM C 90, ASTM C 129, ASTM C 145, ASTM C 216 or ASTM C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood 10 hazard areas); (b) and the title and date of the currently effective Flood Insurance Study or other hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BFdays) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(3).

SECTION R405.1 CONCRETE OR MASONRY FOUNDATIONS. EXCEPTIONDELETED SECTION R902.1 ROOFING ASSEMBLIES-AMENDED
R902.1 Roofing assemblies. Roof decks shall be covered with materials as set forth in Sections R904 or with roof coverings as set forth in Section 905. Minimum Class A roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Classes A roofing required by this section to be listed shall be tested in accordance with ASTM E 108 or UL 790. Where required, the rood assembly shall be listed as to class by an approved testing agency.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible roof decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.

SECTION R902.1.2 ROOF COVERINGS IN ALL OTHER AREAS OTHER THAN FIRE

HAZARD SEVERITY ZONES OR WILDLAND - URBAN INTERFACE -AMENDED R902.1.2 Roof coverings in all areas. The entire roof covering of every existing structure where more than 33 percent of the total roof area is replaced within any twoyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, 11 shall be a fire-retardant roof covering that is at least Class A.

SECTION R902.2 FIRE-RETARDANT-TREATED SHINGLES AND SHAKESAMENDED R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fireretardant chemicals, and which have been qualified by UBC Standard 15-2 or ASTM E108 or UL 790 for use on Class A roofs.”
APPENDIX BF PATIO COVERS-ADOPTED.

SECTION BF105 STRUCTURAL PROVISIONS-AMENDED
BF105.1 Design Loads. Patio covers shall be designed and constructed to sustain, within the stress limits of the code, all dead loads plus a vertical live load of not less than 20 pounds per square foot (0.48 kN/m^2). Such covers shall be designed to resist the minimum wind loads set forth in Section R301.2.1.

BF105.2 Footings. In areas with frostline depth of zero as specified in the Table R301.2, for patio covers supported on a slab-on-grade without footings, the slab shall conform to the provisions of Sections R506, shall be not less than 5 inches (127 mm) thick and the columns shall not support live and dead loads in excess of 750 pounds (3.34 kN) per columns.

APPENDIX CI SWIMMING POOL SAFETY ACT-ADOPTED.

Appendix CI of the California Residential Code is hereby adopted by reference in its entirety with amendments.

APPENDIX CI SWIMMING POOL SAFETY ACT-AMENDED
Authority: Health and Safety Code Section 18942 (b)
Reference: Health and Safety Code Section 18942 (b); Chapter 925, Statutes of 1996 115922
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures 12 used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)4 or (a)5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

2. Removable mesh fencing that meets American Society for testing and materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. The mesh fencing shall be not less than 20 inches from the water’s edge.

3. An approved safety pool cover, as defined in subdivision (d) of Section 115921.

4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water.

The alarm shall meet and be independently certified to the ASTM standard F2208 “Standard Safety Specification for Residential Pool Alarms.” Which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.”

13 SECTION 6.

A new Chapter 15.12 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.12: ELECTRICAL CODE
“Section

15.12.010 2025 California Electrical Code Adopted

15.12.020 2025 California Electrical Code-Amendments
§15.12.010 2025 CALIFORNIA ELECTRICAL CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Electrical Code’, based on the 2023 National Electrical Code as published by the National Fire Protection Association, is hereby adopted in its entirety as the Electrical Code of the City of Brea, regulating and controlling the installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and electrical appliances on premises within the City.
“§15.12.020 CALIFORNIA ELECTRICAL CODE-AMENDMENTS.
[Reserved for future amendments]”
SECTION 7
A new Chapter 15.16 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.16: MECHANICAL CODE
“Section

15.16.010 2025 California Mechanical Code Adopted

15.16.020 2025 California Mechanical Code-Amendments
§15.16.010 2022 CALIFORNIA MECHANICAL CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Mechanical Code’, based on the ‘2024 Uniform Mechanical Code’ as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Mechanical Code of the City of Brea, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. §15.16.020 2019 CALIFORNIA MECHANICAL CODE-AMENDMENTS
[Reserved for future amendments]”
14 SECTION 8
A new Chapter 15.20 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.20: PLUMBING CODE
“Section

15.20.010 2025 California Plumbing Code Adopted

15.20.020 2025 California Plumbing Code-Amendments
§15.20.010 2025 CALIFORNIA PLUMBING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Plumbing Code’, based on the ‘2024 Uniform Plumbing Code’ as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Plumbing Code of the City of Brea, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. §15.20.020 2025 CALIFORNIA PLUMBING CODE-AMENDMENTS
[Reserved for future amendments]”
SECTION 9.

A new Chapter 15.24 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.24: GREEN BUILDING STANDARDS CODE
“Section

15.24.010 2025 California Green Building Standards Code Adopted

15.24.020 2025 California Green Building Standards Code-Amendments §15.24.010 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Green Building Standards Code’ is hereby adopted in its entirety and shall be and become the Green Building Standards Code of the City of Brea.
§15.24.020 2025 CALIFORNIA GREEN BUILDING STANDARDS CODEAMENDMENTS [Reserved for future amendments]”
SECTION 10.

A new Chapter 15.28 is hereby added to Title 15 of the Brea City Code to read as follows:
15 “CHAPTER 15.28: ENERGY CODE
“Section

15.28.010 2025 California Energy Code Adopted

15.28.020 2025 California Energy Code-Amendments
§15.28.010 2025 CALIFORNIA ENERGY CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Energy Code’, is hereby adopted in its entirety and shall be and become the Energy Code of the City of Brea, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of energy systems.
§15.28.020 2025 CALIFORNIA ENERGY CODE-AMENDMENTS.
[Reserved for future amendments]”
SECTION 11.

A new Chapter 15.32 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.32: PROPERTY MAINTENANCE CODE
“Section

15.32.010 2024 International Property Maintenance Code Adopted

§15.32.010 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED.

The ’International Property Maintenance Code, 2024 Edition’, as published by the International Code Council, is hereby adopted in its entirety as the Property Maintenance Code of the City of Brea, regulating and controlling the conditions and maintenance of all property, buildings and structures; providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; provided, however, that notwithstanding the adoption of this code, the City may utilize and enforce any other provision of any code of the City relating to property maintenance.”
SECTION 12.

A new Chapter 15.34 is hereby added to Title 15 of the Brea City Code to read as follows:
16 “CHAPTER 15.34: HISTORICAL BUILDING CODE
“Section

15.34.010 2025 California Historical Building Code Adopted

15.34.020 2025 California Historical Building Code-Amendments §15.34.010 2025 CALIFORNIA HISTORICAL BUILDING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Historical Building Code', is hereby adopted in its entirety and shall be and become the Historical Building Code of the City of Brea, regulating for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties.
§15.34.020 2025 CALIFORNIA HISTORICAL BUILDING CODE-AMENDMENTS. [Reserved for future amendments]”
SECTION 13.

A new Chapter 15.36 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.36: EXISTING BUILDING CODE
“Section

15.36.010 2025 California Existing Building Code Adopted

15.36.020 2025 California Existing Building Code-Amendments §15.36.010 2025 CALIFORNIA EXISTING BUILDING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Existing Building Code’, incorporating the ‘2024 International Existing Building Code’ as published by the International Code Council, is hereby adopted in its entirety and shall become the Existing Building Code of the City of Brea, regulating the alteration, repair, addition and change of occupancy of existing structures. Together with the amendments, additions, deletions and exceptions set forth in this chapter.
§15.36.020 2025 CALIFORNIA EXISTING BUILDING CODE-AMENDMENTS. [Reserved for future amendments]”
SECTION 14.

A new Chapter 15.220 is hereby added to Title 15 of the Brea City Code to read as follows:
17 “CHAPTER 15.220: SWIMMING POOLS
“Section

15.220.010 2024 International Swimming Pool and Spa Code Adopted

15.220.020 2024 International Swimming Pool and Spa Code-Amendments §15.220.010 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE- ADOPTED.

Except as provided in this chapter, the ‘2024 International Swimming Pool and Spa Code’, is hereby adopted in its entirety and shall be and become the Swimming Pool and Spa Code of the City of Brea, regulating the design, construction, alteration, movement, renovation, replacement, repair and maintenance of swimming pools, spas, hot tubs, aquatic facilities and relate equipment in Brea. “§15.220.020 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE - AMENDMENTS.

SECTION 305.2 (a) CONSTRUCTION PERMIT; SAFETY FEATURES REQUIREDADDED 305.2 (a) Construction permit; safety features required. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of 115923 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)4 or (a)5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

3. An ‘approved safety pool cover’, as defined in subdivision (d) of section 115921.

4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating 18 notification that “the door to the pool is open.”

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or that American Society of Mechanical Engineers (ASME). (b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.

Authority and Reference: Health and Safety Code Section 115921, et seq.

SECTION 305.2 (b) ENCLOSURE; REQUIRED CHARACTERISTICS. AN ENCLOSURE SHALL HAVE ALL OF THE FOLLOWING CHARACTERISTICSADDED 305.2 (b) Enclosure; required characteristics. An enclosure shall have all of the following characteristics. An enclosure shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1524 mm) above the ground.

2. A minimum height of 60 inches ((1524 mm).

3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).
19 4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Authority and Reference: Health and Safety Code Section 115921, et seq.

Section 305.2.1 BARRIER HEIGHT AND CLEARANCES – DELETED Section 305.3 DOORS AND GATES - DELETED.”
SECTION 15. 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 the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater energy efficiency, construction sustainability, and protection from seismic and climatic forces, including fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).

SECTION 16. PENALTIES.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any of the Codes hereby adopted. Unless deemed to be an infraction, any person, firm, partnership or corporation violating any provision of this Ordinance or any of the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. In addition to the foregoing, violation of this Ordinance or the Codes adopted hereby may be punishable by administrative penalty. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.

SECTION 17. CIVIL REMEDIES
The violation of any of the provisions of this Ordinance or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 20 SECTION 18. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

SECTION 19. This Ordinance shall become operative the later of January 1, 2026, or thirty (30) days after adoption.

SECTION 20. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this 16th day of September, 2025.

Blair Stewart, Mayor
ATTEST:_____________________________
Victoria Popescu, City Clerk
I, Victoria Popescu, 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 19th day of August, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the 16th day of September, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Victoria Popescu, City Clerk
CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 4C.

Second Reading 2025 Fire Code and Wildland Urban Interface Ordinance

TO PREPARED BY
Honorable Mayor and City Council Members Nicole Pesqueira, Fire Marshal

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Dan Mielke, Fire Chief Kristin Griffith, City Manager

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

1. Hold a public hearing to consider adoption of Ordinance No. 1265.

2. Adopt by title only and waive further reading of Ordinance No. 1265, adopting by reference and amending the 2025 California Fire Code (CFC) and 2025 California Wildland Urban Interface Code (CWUIC).

3. Adopt Resolution No. 2025-062, setting forth required findings for amendments to the 2025 California Fire and Wildland Urban Interface Codes based on local climatic, topographical, and/or geological conditions.

BACKGROUND/DISCUSSION
California Health and Safety Code Section 17922 requires local jurisdictions to adopt fire safety standards, including building standards, at least as restrictive as those found in the CFC, as codified in Title 24 of the Code of Regulations.

The CFC is updated every three years based on the International Fire Code with California-specific amendments.

The current 2022 CFC has been in effect since January 1, 2023. The 2025 edition includes significant updates addressing emerging fire safety challenges, particularly related to wildland urban interface areas.

The CWUIC provides comprehensive regulations for construction and development in areas where structures interface with wildland vegetation. Given the increasing wildfire threats throughout California, adoption of the updated CWUIC is critical for community protection.

This Ordinance was introduced at the August 19, 2025, City Council meeting. If adopted, the Ordinance will become operative January 1, 2026, concurrent with the 2025 CFC and CWUIC.

Assembly Bill (AB) 130:

AB 130 (2025), effective June 30 of this year, imposes a moratorium on local amendments to residential building standards not already in effect, subject to limited exceptions. This moratorium is effective from October 1, 2025, through June 1, 2031 and effectively requires local jurisdictions to adopt the most current CFC and CWUIC with local amendments by October 1, 2025. Failure to adopt such local amendments by October 1 would eliminate the City’s ability to maintain local fire safety standards that may be more restrictive than State requirements, potentially compromising the community's fire protection measures.

Key Updates in the 2025 California Fire Code:

The 2025 CFC incorporates enhanced provisions for emergency access, water supply requirements, and vegetation management. New sections address battery energy storage systems, electric vehicle charging infrastructure fire safety, and updated requirements for high-rise buildings. The Code also includes updated standards for fire department connections.

Key Updates in the 2025 California Wildland Urban - Interface Code:

The 2025 CWUIC strengthens defensible space requirements, updates ignition-resistant construction standards, and provides clearer guidance on vegetation management zones. Enhanced provisions address ember intrusion prevention, improved access road specifications, and updated water supply requirements for fire suppression in wildland areas.

Benefits of Adoption:

Adopting the 2025 Codes will ensure that Brea maintains compliance with State fire safety standards and provides enhanced protection for residents and property. The updated Codes reflect current best practices in fire prevention and suppression, incorporate lessons learned from recent wildfire events, and provide clearer guidance for developers, contractors, and property owners. The Codes also support the City’s climate adaptation and resilience goals by addressing increased fire risks associated with changing weather patterns and extended fire seasons.

Implementation Considerations:

Due to the October 1, 2025 deadline imposed by AB 130, staff recommends immediately moving forward to adopt and amend the Codes, followed by a 60-day implementation period. The loss of local amendment authority for residential occupancies under AB 130 would be particularly detrimental to Brea, as the City’s current local amendments include enhanced fire safety requirements for residential developments in high fire hazard severity zones. Maintaining and enhancing these local standards is essential for protecting the community's residential areas.

The updated Codes may result in increased construction costs for some projects, particularly those in wildland urban interface areas. However, these costs are offset by enhanced fire safety protection and potential insurance benefits for property owners.

Environmental Review
The proposed Ordinance includes the finding that it has been evaluated in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed Ordinance is exempt from the requirements to prepare additional environmental documentation as it can be seen with certainty that there is no possibility that adoption of the Ordinance may have a significant effect on the environment because the Codes, as amended, will provide for greater environmental protection due to the reduction in the risk of fire-related hazards.

FISCAL IMPACT/SUMMARY
The direct fiscal impact of the recommended Code adoption is minimal, limited to staff training and Code book purchases estimated at $3,000. These costs will be covered by existing appropriations in the current fiscal year.

However, the adoption of the Codes may also result in increased permit and inspection fee revenue, as the more stringent requirements expand the scope of review for certain development projects.

Over time, the City may realize additional fiscal benefits, including reduced fire suppression costs, decreased liability exposure, and potential protection of property tax revenue, driven by enhanced fire safety measures.

Attachments
Brea-resolution-Fire Code 2025-findings-9-4-25-clean.pdf Brea-ordinance-Fire Code-2025 clean-8-11-25- revised and final.pdf September 16, 2025
RESO. 2025-___
1 RESOLUTION NO. 2025-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA,

CALIFORNIA, SETTING FORTH REQUIRED FINDINGS FOR
AMENDMENTS TO BUILDING STANDARDS IN THE 2025 CALIFORNIA FIRE CODE AND 2025 CALIFORNIA WILDLAND URBAN INTERFACE

CODE BASED ON LOCAL CLIMATIC, TOPOGRAPHICAL AND/OR

GEOLOGICAL CONDITIONS
A. RECITALS:
(i) Certain building standards and other related provisions contained in national model and uniform codes are adopted and amended by the State of California, and thereafter published as the California Building Standards Code (“CBSC”). The 2025 CBSC includes the 2025 California Fire Code and the 2025 California Wildland Urban Interface Code which will become applicable in the City, subject to amendments made by the City pursuant to Health and Safety Code Sections 17958.5 and/or 18941.5. (ii) Health and Safety Code Sections 17958.5 and 18941.5 authorize the City Council to make reasonably necessary modifications to the State adopted building codes, including the California Building Standards Code, based on certain local conditions.
(iii) Health and Safety Code Section 17958.7 requires that, before making any modifications to building standards contained in the CBSC, including the 2025 California Fire Code and the 2025 California Wildland Urban Interface Code, the City Council shall make express findings that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions. (iv) The Brea Fire Department has recommended that modifications be made to building standards and other provisions contained in the 2025 California Fire Code and 2025 California Wildland Urban Interface Code, and has advised that such modifications are reasonably necessary due to local conditions in the City of Brea. The Brea Fire Department has further advised that the remainder of such modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by said Codes, or are reasonably necessary to safeguard life and property within the City of Brea.

B. RESOLUTION:

NOW, THEREFORE, be it is found, determined and resolved by the City Council of the City of Brea as follows:

Section 1. Amendments related to life and fire safety affecting Sections 105.5.59, September 16, 2025
RESO. 2025-___
2 105.6.26, 105.6.27, 108.4, 109.5, 202, 304.1.3, 304.1.3(b)(7)(E), 304.1.3(b)(7)(F), 304.1.3(b)(7)(G), 307.6, 307.1.2, 324-324.1.4, 325, 326.1-326.2, 327.1, 328, 329, 329.1, 329.2, 330, 403.11.2, 503.1, 503.2.1-503.2.4, 503.7, 505.1, 506.1, 507.5.7, 510.1, 903.2, 903.2.8, 1101.1, 1101.3, 1103.2, 1103.3-1103.3.3, 1103.7, 1103.7.3.1, 1103.7.8-1103.7.8.2, 1103.7.9-1103.7.9.10, 1103.8-1103.8.5.3, 1109.9-1103.9.1, 1107, 1113, 1114, 1115, 1116, 5609.2-5609.2.2, 5707, Appendix B – Table B105.2, adoption of Appendices D, N and O, and NFPA 13 16.12.3.3, 19.2.1.1, NFPA 13R 6.11.2, NFPA 13D 8.3.5.1.1, NFPA 14 7.9.7, NFPA 24 5.9.1.2 of the 2025 California Fire Code, and Sections 504.10.3, 504.11.3, 507.1, 602.4, 602.5, 604.2, and 604.3 of the 2025 California Wildland Urban Interface Code, as recommended by the Brea Fire Department, are hereby found to be reasonably necessary due to the following local conditions:

A. Climatic Conditions

B. Geological Conditions

In 1987, a "moderate" quake on that fault killed eight people and caused more than $350 million in damage. The magnitude 5.9 Whittier Narrows quake left old September 16, 2025
RESO. 2025-___
3 brick buildings in Whittier's downtown area battered and also damaged some freeway bridges. More than 100 single-family homes and more than 1,000 apartment units were destroyed.

These past, and future seismic events create a need for additional structural safety measures and fire protection measures for building occupants in the City of Brea.

2. Methane gas. The City of Brea is also known for oil deposits. Methane seepage has been detected at several locations in the City of Brea do to oil operations and natural causes. Under normal atmospheric conditions methane gas is not a hazard. However, at high concentrations it is flammable, and at concentrations between 55,000 and 140,000 ppm (parts per million), it is explosive. Although it is not toxic, it can lead to asphyxiation if it replaces oxygen in an enclosed space.

2. Traffic and circulation congestion presently existing in the City of Brea often places fire department response time to fire occurrences at risk. This condition can be exacerbated given the terrain and winding roads. Any major disaster, including earthquake may damage the highway system and possibly cause landslides, compromising our roads and city circulation. This topographic local condition makes the need for additional on-site protection systems to better serve property occupants.

Additional amendments have been made to the 2025 California Fire Code and the 2025 California Wildland Urban Interface Code. On the recommendation of the Brea Fire Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in such Codes.

The changes made include provisions making each of said Codes compatible with other Codes enforced by the City.

Amendments to the 2025 Editions of the California Fire Code and California Wildland Urban Interface Code are found reasonably necessary based on the climatic, topographical, and/or geological conditions cited in Section 1 of this Resolution and are listed as follows:

Fire Code Section Findings in Section 1
CAFC 105.5.59 A-2, B-2, B-3
CAFC 105.6.26 A-2
CAFC 105.6.27 B-2, B-3
CAFC 108.4 A-1, A-2
CAFC 109.5 C-2
CAFC 202 A-1, A-2, C-1
CAFC 304.1.3, 304.1.3(b) (7) (E), 304.1.3 (b) (7) (F), A-1, A-2, C-1, C-2 304.1.3 (b) (7) (G), 307.6, 307.1.2
CAFC 324-324.1.4 A-1, A-2
CAFC 325 A-1, A-2, C-1, C-2
CAFC 326.1-326.2 B-2, B-3
CAFC 327 - 327.1 A-1, A-2, C-1
CAFC 328, 329, 329.1-329.2 A-1, A-2, C-1, C-2
CAFC 330 A-2, C-2
CAFC 403.11.2 A-1, A-2, C-2
September 16, 2025
RESO. 2025-___
5 CAFC 503.1, 503.2.1-503.2.4, 503.7 A-2, C-2
CAFC 505.1 A-1, C-2
CAFC 506.1 A-1
CAFC 507.5.7, 510.1 A-1, A-2
CAFC 903.2, 903.2.8 A-1, A-2, C-2
CAFC 1101.1, 1101.3, 1103.2, 1103.3-1103.3.3, 1103.7, A-1, A-2 1103.7.3.1, 1103.7.8-1103.7.8.2, 1103.7.9-1103.7.9.10,
1103.8-1103.8.5.3, 1109.9-1103.9.1, 1107, 1113, 1114,
1115, 1116
CAFC 5609.2-5609.2.2 A-1, A-2
CAFC 5707 A-1, A-2
CAFC Appendix B – Table B105.2 A-1, A-2
CAFC Appendix D A-2, C-2
CAFC Appendix N A-2
CAFC Appendix O A-2
CWUIC 504.10.3, 504.11.3, 507.1 A-1, A-2
CWUIC 602.4, 602.5, 604.2, 604.3 A-1, A-2
Fire Code Referenced Standards Section Findings in Section 1 NFPA 13

16.12.3.3, 19.2.1.1 A-1, A-2
NFPA 13R

6.11.2 A-1, A-2
NFPA 13D

8.3.5.1.1 A-1, A-2
NFPA 14

7.9.7 A-1, A-2
NFPA 24

5.9.1.2 A-1, A-2
The aforementioned amendments have been incorporated in detail in Ordinance No. ___ respectively.

Section 2. The City Council declares that, should any article, provision, finding, September 16, 2025
RESO. 2025-___
6 section, paragraph, sentence or word of this Resolution be or be declared invalid by any final court action in a court of competent jurisdiction, or by administrative determination, or by reason of any preemptive legislation, the remaining articles, provisions, findings, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect.

APPROVED and ADOPTED this 16th day of September, 2025.

Blair Stewart, Mayor
ATTEST:

Victoria Popescu, City Clerk
September 16, 2025
RESO. 2025-___
7 I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on September 16, 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED:

Victoria Popescu, City Clerk
August 19, 2025
ORD.
1 ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
ADOPTING BY REFERENCE AND AMENDING THE 2025

CALIFORNIA WILDLAND - URBAN INTERFACE CODE AND
CALIFORNIA FIRE CODE AND PORTIONS OF THE 2024

INTERNATIONAL FIRE CODE, AS THE CITY OF BREA FIRE CODE,

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS,
DELETIONS AND EXCEPTIONS, AMENDING TITLE 16 (FIRE

SAFETY) OF THE BREA CITY CODE, AND APPROVING A CEQA
EXEMPTION DETERMINATION.

A. Recitals.
(i) Government Code Section 50020, et seq., authorizes the adoption, by reference, of the 2025 California Fire Code, 2025 Wildland - Urban Interface Code and portions of the International Fire Code.
(ii) At least one (1) copy of the Codes adopted herein by reference, certified as a full, true and correct copies thereof by the City Clerk of the City of Brea, have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and was concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, the City Council of the City of Brea does hereby find, determine and ordain as follows:

Section 1. In all respects, as set forth in the Recitals, Part A, of this Ordinance.

Section 2. Chapter 16.04 of Title 16 of the Brea City Code is hereby repealed; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the 2022 California Fire Code, as adopted by reference by the City of Brea, shall continue to be applicable to construction wherein plans have been submitted for plan check prior to the effective date of this Ordinance, so long as the initial permit therefor is issued no later than ninety (90) days after such effective date.

Section 3. A new Chapter 16.04 hereby is added to Title 16 of the Brea City Code to read as follows:

August 19, 2025
ORD.
2 “CHAPTER 16.04: BREA FIRE CODE
Sections

16.04.010 Fire Code and WUI Code adopted

16.04.020 Enforcement and inspections

16.04.030 Chapter 1 Scope and Administration amendments

16.04.040 Chapter 2 Definitions amendments

16.04.050 Chapter 3 General Requirements amendments

16.04.060 Chapter 4 Emergency Planning and Preparedness

16.04.070 Chapter 5 Fire Service Features amendments

16.04.080 Chapter 9 Fire Protection Systems amendments

16.04.090 Chapter 11 Construction Requirements for Existing Buildings amendments

16.04.100 California Wildland - Urban Interface Code amendments

16.04.110 Chapter 56 Explosives and Fireworks amendments

16.04.120 Chapter 57 Flammable and Combustible Liquids amendments

16.04.130 Appendix B Fire-flow Requirements for Buildings amendments

16.04.140 Chapter 80 Referenced Standards amendments

16.04.150 Fees
§16.04.010 FIRE CODE AND WILDLAND-URBAN INTERFACE CODE ADOPTED.

The 2025 Editions of the California Wildland - Urban Interface Code and the California Fire Code including Appendices: B, BB, C, CC, D, H, N and O, and excluding Appendices A, E, F, G, I, J, K, L, M, P, and Q together with the following amendments, additions, deletions and exceptions, are hereby adopted by reference as the Fire Prevention Code of the City of Brea. §16.04.020 ENFORCEMENT AND INSPECTIONS.

The California Fire Code and California Wildland - Urban Interface Code, with amendments, shall be enforced by the Brea Fire Department. The Fire Chief of the Brea Fire Department may detail such members of the fire department as inspectors as shall be necessary from time to time.
§16.04.030 CHAPTER 1 SCOPE AND ADMINISTRATION AMENDMENTS.

SECTION 101.1 Title is hereby amended as follows:

Section 101.1 Title. This Code shall be known as the Brea Fire Code, hereinafter referred to as ‘this Code.’
SECTION 105.5.59 Additional permits is hereby amended by adding the following:

August 19, 2025
ORD.
3 Cut Christmas trees. No person shall sell, display or store for resale, in the City of Brea, any cut Christmas tree, unless a permit therefore has been issued by the Chief.

Potentially hazardous general use. To conduct an activity or operation that is not specifically addressed by other permits, but which is likely to produce conditions hazardous to life or property.

SECTION 105.6.26 Miscellaneous plan check is hereby added as follows:

Miscellaneous Plan Check. Request or submittal of any type of plan or necessary review of documents pertaining to operations that are covered by the Fire Department or this Code, but are not specifically listed in Chapter 1.

SECTION 105.6.27 Combustible soil-gas mitigation systems is hereby added as follows:

Combustible soil-gas mitigation systems. A construction permit is required for the installation or modification of a combustible soil-gas mitigation system.

Maintenance performed in accordance with the current City of Brea Combustible Soil-Gas Guideline is not considered to be a modification and does not require a construction permit.

SECTION 108.4 Work commencing before permit issuance is hereby amended as follows:
108.4 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this Code before obtaining the necessary permits shall be subject to an additional fee that is equal to the original permit fee, which shall be in addition to the required permit fees.

SECTION 109.5 Occupant count is hereby added as follows:
109.5 Occupant count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. If the Chief determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared until an accurate count can be made.

SECTION 112.1 General is hereby amended to read as follows:
112.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be a certified Building Official and a qualified person trained in fire protection engineering, fire science or fire technology.

August 19, 2025
ORD.
4 SECTION 113.4 Violation penalties is hereby amended to read as follows:
113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of its requirements, or who shall erect, install, alter, repair or do work in violation of the approved construction documents used under provisions of this Code, shall be guilty of a misdemeanor unless such violation is expressly made punishable as an infraction. Alternatively or in addition, any violation of this Code may be punished by administrative penalty and issuance of an administrative citation.

SECTION 114.4 Failure to comply is hereby amended as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to fines.
§16.04.040 CHAPTER 2 DEFINITIONS AMENDMENTS
SECTION 202 GENERAL DEFINITIONS is hereby amended by adding the following definitions:

FLOW-LINE. The lowest continuous elevation on a rolled curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

JURISDICTIONAL AREA. Any area under the jurisdiction, including the territorial area, of the City of Brea, including all areas annexed thereto after adoption of this Code.

VEHICLE FUELING APPLIANCE. A listed natural gas compressor package not containing storage, designed for the unattended dispensing of natural gas into the fuel tanks of motor vehicles.

WILDLAND - URBAN INTERFACE AREA. All areas identified within the High and Very High Fire Severity Zone and other areas as determined by the fire code official due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation that are at significant risk from wildfires.
§16.04.050 CHAPTER 3 GENERAL REQUIREMENTS AMENDMENTS.

Section 304.1.3 Vegetation is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a August 19, 2025
ORD.
5 fuel modification area, interior slope, or similarly hazardous area shall be in accordance with the Brea Fire Department Fuel Modification Guideline.

SECTION 304.1.3(b)(7)(E) is hereby added as follows:
(E) ‘Brea Very High Fire Hazard Severity Zone Requirements – Technical Design for New Construction Fuel Modification Plans and Maintenance Program’
SECTION 304.1.3(b)(7)(F) is hereby added as follows:
(F) ‘Brush Clearance on all Existing Properties located within the Protection Area’
SECTION 304.1.3(b)(7)(G) is hereby added as follows:
(G) ‘Brush Clearance on wildland-urban interface areas including the high and very high fire severity zones’
SECTION 307.6 Outdoor fires in the wildland-urban interface areas is hereby added as follows:
307.6 Outdoor fires in the wildland-urban interface areas. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire SECTION 307.1.2 Outdoor fires is hereby added as follows:
307.1.2 Outdoor fires. Outdoor, open burning and recreational fires shall not be built, ignited or maintained when the following conditions exist:

1. Predicated sustained winds exceed 8 MPH at the ground level, or a red flag condition has been declared.

2. A person age 18 or over is not present at all times to watch and tend such fire.

3. A public announcement is made that open burning is prohibited.

4. A viable water source or approved means of extinguishment is not immediately available.

Exceptions:

August 19, 2025
ORD.
6 1. Occupied one and two-family dwellings where such fires are built in a permanent or portable barbecue, outdoor fireplace, or grill and are a minimum of 15 feet (4572mm) from any combustible material or structure. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.

2. Fires at official organized campsites or parks when located in permanent or portable barbecues or grill, incinerator, or outdoor fireplace (all equipped with some type of spark arrester) located at least 30 feet (9144mm) 10 from combustible vegetation.

SECTION 324 CHRISTMAS TREE SALES is hereby added as follows:

SECTION 324

CHRISTMAS TREE SALES
324.1 General.

No person shall sell, display for sale, or store for sale in the City of Brea, any cut Christmas tree, unless a permit therefor has been obtained from the Fire Department. Applicants must comply with all rules and regulations and obtain all required permits and licenses including a City business license. 324.1.1 Permit – When issued.

Permits to sell, display for sale, or store for sale cut Christmas trees in the City of Brea may only be issued for the period from November 5th to December 31st.

The applicant must show that the proposed location and method of activity will not constitute a fire hazard or violation of law.
324.1.2 Cleanup deposit.

Each applicant, if other than a permanent established year-round business, shall pay a cleanup deposit in such amount as established by Resolution to the City Council. The applicant must agree that not later than the tenth day of January following the issuance of such permit, all unsold trees, combustible waste and accumulation of sawdust will be removed from the permitted location and disposed of properly. Following the tenth day of January the City may remove and dispose of accumulations and apply the deposit to costs, including overhead expenses (30%), incurred by such removal.
324.1.3 Return of deposit.

The Fire Marshal or designated person(s) will inspect permitted sites as soon as possible after January 10th of each year. Permittees who have completed the site cleanup will receive a refund of the cleanup guarantee deposit.

August 19, 2025
ORD.
7 324.1.4 Liability.

Each permittee shall provide general liability insurance as required by the City of Brea Risk Manager, protecting against any claim for damages caused in any manner from the use of such lot or the keeping or sale of any Christmas trees therein or otherwise in the exercise of rights granted by such permit issued pursuant to this Section. A certificate of such insurance shall be filed with the Fire Marshal showing the City as a named additional insured hereunder.

SECTION 325 PROJECTILE FIRING is hereby added as follows:

SECTION 325

PROJECTILE FIRING
No person shall, in any brush or grass-covered area or area covered with flammable material, possess or fire or cause to be fired any tracer bullets, tracer charge, flammable propellant model rockets or any type of projectile that discharged smoldering or flammable material. Nothing in this section shall apply to any law enforcement officer acting in the course of such officer’s duties other than target practice.

SECTION 326 DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC, COMBUSTIBLE OR FLAMMABLE GASES OR VAPORS is hereby added as follows:

SECTION 326

DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC,

COMBUSTIBLE OR FLAMMABLE GASES OR VAPORS
Section 326.1 All projects with sources of combustible soil gas are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems. Projects shall be required to conform to the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.

Section 326.2 Additions or modifications to a lot or existing building in any identified methane area that expands the original footprint, shall be required to add methane mitigation requirements per the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.

SECTION 327 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION is hereby added as follows:

SECTION 327
August 19, 2025
ORD.
8 327.1 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION.

All new buildings and additions to be built or installed in areas containing combustible vegetation shall comply with the following:

1. The fuel modification plans shall meet the criteria set forth in the ‘Brea Very High Fire Hazard Severity Zone Requirements – Technical Design for New Construction Fuel Modification Plans and Maintenance Program’

2. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map(s).

3. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval by the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

SECTION 328 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows:

SECTION 328

CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS
The fire code official is authorized to require areas within 75 feet (3048mm) or greater, if a higher fire hazard is present, on each side of portions of highways, roads, and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

SECTION 329 USE OF EQUIPMENT is hereby added as follows:

SECTION 329

USE OF EQUIPMENT
August 19, 2025
ORD.
9 Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester, as specified in Section 329.1, maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

SECTION 329.1 Equipment and devices generating heat, sparks or open flames is hereby added as follows:
329.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

August 19, 2025
ORD.
10 329.2 Spark arrestors is hereby added as follows:
329.2 Spark arrestors. Spark arrestors shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

SECTION 330 RESTRICTED ENTRY is hereby added as follows:

SECTION 330

RESTRICTED ENTRY
The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or on their own land.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
§16.04.060 CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment:

Section 403.11.2 is hereby revised as follows:
403.11.2 Public safety plan for gatherings. A public safety plan shall be prepared for Large Events or when required by the fire code official. The public safety plan shall be submitted to the fire code official with the application for a special event permit as required by Section 105.5 of this code and consistent with the Brea Fire Department Special Event Staffing Matrix. The safety plan shall address and include (but is not limited) to the following items:

1. Emergency vehicle ingress and Egress.

2. Fire Protection.

3. Emergency egress or escape routes.

4. On-site emergency medical services and law enforcement.

5. Public assembly areas.

August 19, 2025
ORD.
11 6. The directing of both attendees and vehicles, including the parking of vehicles.

7. Vendor and food concession distribution

8. The need for the presence of law enforcement.

9. The need for fire and emergency medical services personnel.

10. The need for a weather monitoring person.
§16.04.070 CHAPTER 5 FIRE SERVICE FEATURES AMENDMENTS.

SECTION 503 FIRE APPARATUS ACCESS ROADS
SECTION 503.1 Where required is hereby amended as follows 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D, as amended.

SECTION 503.2.1 Dimensions is hereby amended as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). Fire apparatus access roads in the Fire Hazard Severity Zones shall have an unobstructed width of 24 feet (2 unobstructed 12 feet travel lanes).

SECTION 503.2.3 Surface is hereby amended as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed, and maintained to support the imposed loads of fire apparatus (75,000 lbs. load/25,000 point load) and shall be surfaced so as to provide all-weather driving capabilities. Alternative driving surfaces shall be designed by a registered civil engineer and shall be subject to approval by the Brea Fire Department.

SECTION 503.2.4 Turning radius is hereby amended as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. Width of 20 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 38 feet.

Width of 24 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 45 feet.

Radius must be concentric.

August 19, 2025
ORD.
12 SECTION 503.7 Apparatus access to fire hazard severity zones is hereby added as follows:
503.7 Apparatus access to fire hazard severity zones. A minimum of two separate public access and exit roads are required in developments within a Fire Hazard Severity Zone or as approved by the fire code official.

SECTION 505.1 Address identification is hereby amended as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single-family residences.

All multi-family, multi-retail and multi-commercial occupancies shall have a minimum of 6-inch-high numbers, with a minimum one-and-one-half inch (1 ½”) stroke.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one-and-one-half inch (1 ½”) stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of ten (10) inch high numbers, with a one-and-onehalf inch (1 ½”) stroke.

All multi-family, multi-retail and multi-industrial occupancies shall identify individual units with numbers a minimum of six (6) inches, affixed to the unit front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame.

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

SECTION 506.1 Where required is hereby amended as follows:
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for emergency or non-emergency purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

SECTION 507.5.7 Private hydrants is hereby added as follows:
507.5.7 Private hydrants. Private hydrants shall be painted OSHA safety red.

August 19, 2025
ORD.
13 SECTION 510.1 Emergency responder communication enhancement systems in new buildings is hereby amended as follows:
510.1 Emergency responder communication coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon existing coverage levels of the public safety communication systems at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The emergency responder communication coverage shall comply with the Brea Fire Department guidance document:

Information for Digital Antenna System (DAS)/Bi-Directional Amplification (BDA) Systems
Exceptions:

1. Where it is determined by the fire code official that the radio system is not needed.

2. In facilities where emergency responder communication coverage is required and such systems, components or equipment could have a negative impact on normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Sections 510.4 and 510.5 are deleted.
§16.04.080 CHAPTER 9 FIRE PROTECTION SYSTEMS AMENDMENTS.

SECTION 903.2 Where required is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet as defined in Section 202, or more than two stories in height, regardless of fire areas or allowable area.

2. New buildings in the VHFHSZ and HFHSZ: An automatic sprinkler system shall be provided in all new structures in the VHFHSZ and HFHSZ.

August 19, 2025
ORD.
14 3. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 50% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m²); or
b. When the addition exceeds 2000 square feet (185.81 m²) and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m²); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8(2).

SECTION 903.2.8 Group R is hereby amended as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exist:
a. When an addition is 50% or more of the existing building area, as defined in Section 202, or greater than 1000 square feet (92.903 m2) within a two-year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or.
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

August 19, 2025
ORD.
15 3. Existing buildings in the Very High Fire Hazard Severity Zone: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, as defined in Section 202, or greater than 1000 square feet (92.903 m2) within a two-year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
§16.04.090 CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS AMENDMENTS.

Adopt only those sections and subsections below:
1101.1, 1101.3, 1103.2, 1103.3-1103.3.3, 1103.7, 1103.7.3.1, 1103.7.8-1103.7.8.2, 1103.7.9-1103.7.9.10, 1103.8-1103.8.5.3, 1103.9-1103.9.1, 1107, 1113, 1114, 1115, and 1116
SECTION 1103.2 Emergency responder communications enhancements in existing buildings is hereby amended as follows:
1103.2 Emergency responder communications enhancements in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception

1. 2. Within a time frame established by the adopting authority.

3. The emergency responder radio communication coverage shall comply with the following Brea Fire Department guidance document:
‘Information for Digital Antenna Systems (DAS)/Bi-Directional Amplification (BDA) Systems’
August 19, 2025
ORD.
16 §16.04.100 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE AMENDMENTS.

Chapter 5 SPECIAL BUILDING CONSTRUCTION REGULATIONS is adopted in its entirety as amended by the SFM with the following amendments:

Section 504.10.3 Vent locations. Gable-end and dormer vents shall be located not less than 10 feet from lot lines and/or adjacent buildings. Underfloor ventilation openings shall be located as close to grade as practical, and/or as determined by the Building Official or Fire Marshal.

Section 504.11.3 Accessory buildings located 3 feet or more but less than 50 feet.

Accessory buildings separated from an applicable building on the same lot by a distance of 3 feet or more but less than 50 feet shall be constructed of noncombustible materials or of ignition-resistant building materials as described in Section 503.2.4.

Section 504.11.4 is deleted in its entirety.

Section 507.1 General. The roof covering on buildings or structures in existence prior to the adoption of this code that are replaced or have 33.34 percent or more replaced in a 24-month period shall be replaced with a roof covering required for new construction in accordance with Sections 504.2 and 504.2.1. All portions of a roof covering applied during an addition, alteration, or repair to an existing structure shall meet at least a Class A fire classification.

Chapter 6 FIRE PROTECTION REQUIREMENTS is adopted in its entirety as amended by the SFM with the following amendments:

SECTION 602.4 Fuel modification plans is hereby added as follows:
602.4 Fuel modification plans. Fuel modification plans shall be reviewed and approved for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in the Brea Fire Department Fuel Modification Guideline.

SECTION 602.5 Homeowners Associations is hereby added as follows:
602.5 Homeowners Associations. Where the Fuel Modification Zone is to be maintained by a homeowners’ association the following apply:

1. The conditions, covenants and restrictions recorded against all property within the homeowners’ association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements.

2. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the Fire Department in order to assure that the Fuel August 19, 2025
ORD.
17 Modification Zone continues to be maintained in compliance with the applicable fuel modification requirements.

3. Any occupied structure on any lot which adjoins a Fire Hazard Severity Zone shall be constructed in compliance with all requirements of the City’s Building Code and Fire Code (as amended).

SECTION 604.2 Application is amended as follows:

SECTION 604.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous and vegetation fuel management:

1. All unincorporated lands as designated as a State Responsibility Area (SRA).

2. Land designate as a High and/or Very High Fire Hazard Severity Zone by a city or local agency.

3. Land designated in a city or local agency ordinance as a wildland-urban interface (WUI) area.

SECTION 604.3 Requirements is amended as follows:

SECTION 604.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws, local requirements, and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07

5. 200 feet of defensible space from a structure in both the high and very high fire severity zone.
§16.04.110 CHAPTER 56 EXPLOSIVES AND FIREWORKS AMENDMENTS.

SECTION 5609.2 is hereby added as follows:

SECTION 5609.2

ADDITIONAL FIREWORKS REGULATIONS
August 19, 2025
ORD.
18 5609.2 Retail fireworks. The sale, use and display of fireworks 1.4G (commonly referred to as Safe & Sane), and the storage, use, sale, possession and handling of fireworks 1.3G is prohibited.

Exception – Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator as part of a permitted public display. 5609.2.1 Seizure of fireworks. The fire code official shall have the authority to seize, take, and remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of the Code and Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.
5609.2.2 Firing. All fireworks displays must be electrically fired. §16.04.120 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS AMENDMENTS.

SECTION 5707 ON-DEMAND MOBILE FUELING OPERATIONS is hereby deleted in its entirety.
§16.04.130 APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS

AMENDMENTS
TABLE B105.2 of APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS is hereby amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM (Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 or Section
903.3.1.2 of the California Fire
Code
50% of the value in Table
B105.1(2) but not less
than 1500
Duration in Table
B105.1(2)
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m §16.04.140 CHAPTER 80 REFERENCED STANDARDS AMENDMENTS
August 19, 2025
ORD.
19 CHAPTER 80 REFERENCED STANDARDS Is adopted in its entirety with the following amendments:

NFPA 13 2025 Edition, Installation of Sprinkler Systems, is hereby amended as follows:

SECTION 16.12.3.3 is hereby amended as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided.

SECTION 19.2.1.1 is hereby added as follows:

19.2.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction/s in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

NFPA 13R 2025 Edition, Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height, is hereby amended as follows:

SECTION 6.11.2 is hereby amended as follows:

6.11.2 Fire department connections shall consist of at least two 2 ½ inch female couplings.

NFPA 13D 2025 Edition, Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes, is hereby amended as follows:

SECTION 8.3.5.1.1 is hereby added as follows:

August 19, 2025
ORD.
20 8.3.5.1.1 All attics shall be protected with an intermediate temperature quick response sprinkler which shall be located to protect attic penetrations created by the access scuttles or mechanical equipment.

NFPA 14 2024 Edition, Installation of Standpipe and Hose Systems, is hereby amended as follows:

Section 7.9.7 is hereby as added as follows:

7.9.7 The location of the FDC shall be approved and be no more than 100 feet from a public hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red.

NFPA 24 2025 Edition, Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

Section 5.9.1.2 is hereby amended as follows:

5.9.1.2 The fire department connection shall be of an approved type and contain a minimum of two 2 ½ inch inlets. The location shall be approved and be no more than 100 feet from a public fire hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red.
§16.04.150 FEES.

A. Fee schedules for any permits, licenses, inspections, plan check or other related work or services provided by the Fire Department in connection with the application of this chapter or the Code adopted hereby (‘fire service fee’) shall be as established by resolution of the City Council as the same may be amended from time to time.

B. Unless otherwise provided by this Code, fire service fees established pursuant to paragraph ‘A’ of this Section are due and payable upon receipt of an invoice therefor from the City. It is a violation of this Section to fail to pay any fire service fee when due. Any fire service fee is delinquent if it remains unpaid thirty (30) days after the date of invoice. Any fire service fee that becomes delinquent shall be subject to the following monetary penalty. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the fire service fee shall be added, and each month thereafter, an additional penalty of ten percent (10%) of the original fire service fee shall be added, up to a maximum penalty amount not to exceed the original invoiced amount.”
August 19, 2025
ORD.
21 Section 4. 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 the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater protection from fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).

Section 5. Penalties. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes hereby adopted. Unless a violation is deemed therein to be an infraction, any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

Alternatively or in addition to the foregoing, violation of this Ordinance or the Codes adopted hereby may be punishable by administrative penalty. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.

Section 6. Civil Remedies Available. The violation of any of the provisions of this Ordinance or the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

Section 7. Severability. The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and works of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

Section 8. This Ordinance shall become operative on the later of thirty (30) days after adoption, or January 1, 2026.

Section 9. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of September, 2025.
_________________________
Blair Stewart, Mayor
August 19, 2025
ORD.
22 ATTEST: ________________________
Victoria Popescu, City Clerk

I, Victoria Popescu, 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 19th day of August, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the __ day of September, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

Dated: ______________________________

____________________________________
Victoria Popescu, City Clerk
CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 5B.

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

TO PREPARED BY
Honorable Mayor and City Council Members Christopher Haddad, Police Lieutenant

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adam Hawley, Police Chief Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council receive and file the report.

BACKGROUND/DISCUSSION
In March 2022, the Police Department drafted a Military Equipment policy, as required by Government Code § 7070-7075. Ordinance No. 1227 was adopted by the City Council on May 17, 2022, adopting the Police Department’s Military Equipment policy.

Government Code § 7072 requires the Police Department submit to the City Council an annual report that includes:

A summary of how the military equipment was used and the purpose of its use.

A summary of any complaints or concerns received concerning the military equipment.

The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

The quantity possessed for each type of military equipment.

If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

In order to address some of the above topics, specifically on-hand quantities and ongoing costs, the Police Department updated the Military Equipment policy and Military Equipment Inventory policy attachment on April 29, 2025. The updated policy and inventory are attached with this Staff Report.

The remaining topics are outlined below.

Summary of Use:
40mm Less Lethal was deployed in an attempt to arrest a suspect who was raming police vehicle.

Pepperball Launcher was deployed during a SWAT operation in Fullerton Unmanned Aircraft Systems (UAS) was deployed approximately 100 times during various situations, including but not limited to: search and rescue, situational awareness during critical incidents, missing persons, fleeing suspect searches, SWAT operations, high-risk traffic stops, event security and planning Complaints/Concerns: The Police Department did not receive any complaints, concerns, or questions related to the Department’s ownership or use of military equipment.

Audit: All uses of military equipment were done in compliance with state and federal laws and were within department policy. There were no known incidents of misuse or policy violations.

Acquisition: During 2024, the Police Department purchased six (6) UAS systems

FISCAL IMPACT/SUMMARY
The UAS systems were purchases as part of the BSCC grant for $36,000.

Attachments
Annual Report on the Police Use of Military Equipment 2025.pdf Military_Equipment.pdf
1 Annual Report on the Police Use of Military Equipment Assembly Bill 481 Report 2025
Reporting Period – Calendar Year 2024
Prepared by Lieutenant Christopher Haddad
Brea Police Department
2 Table of Contents
Introduction:............................................................................................................................................. 3 Methodology: ................................................................................................................................………….4 Overview of Military Equipment: ............................................................................................................. 5 Training and Deployment Procedures: ...................................................................................................…5 Summary of Military Equipment Usage: ................................................................................................... 5 Summary of Complaints: .......................................................................................................................... 7 Violations of Policy / Internal Audits: ....................................................................................................... 7 Total Annual Costs and Inventory of Military Equipment: ....................................................................... 7 Acquisition of Additional Equipment……………………………………………………………………………………………...... 36 Future Acquisition of Additional Equipment:..........................................................................................36 Community Outreach and Transparency: ...............................................................................................36 3 Introduction:

This report provides a comprehensive assessment of the Brea Police Department's (BPD) use of military equipment in compliance with Assembly Bill (AB) 481. The purpose of this report is to provide transparency, accountability, and insights into the department's acquisition, deployment, and usage of military equipment during the reporting period.

On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council) by adoption of a military equipment use policy. The department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

AB 481 requires a law enforcement agency that receives approval for military equipment use to submit an annual military equipment use report. The use report is for each type of military equipment approved by the governing body within one year of approval and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
4 The annual military equipment report shall include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

Methodology:

The information presented in this report is based on data provided by the Brea Police Department.

The data includes inventory records, training documentation, deployment reports, and community engagement efforts related to the use of military equipment. The reporting period for this analysis is from January 1, 2024, through December 31, 2024.
5 Overview of Military Equipment:

Military equipment refers to specialized equipment that law enforcement agencies acquire and utilize to enhance their capabilities in critical situations. Such equipment may include armored vehicles, tactical gear, riot control equipment, surveillance technology, and specialized firearms.

Training and Deployment Procedures:

The Brea Police Department places significant emphasis on training its officers to safely and effectively utilize military equipment items. Officers receive specialized training on the operation, maintenance, and deployment procedures specific to each type of equipment. This training includes scenario-based exercises, de-escalation techniques, and an emphasis on the preservation of life and the protection of individual rights.

Deployment of military equipment is conducted in accordance with departmental policies and protocols. The decision to deploy such equipment is carefully evaluated, and a supervisor's approval is typically required. Situations warranting the use of military equipment include high-risk operations, acts of terrorism, armed confrontations, and natural disasters where public safety and officer wellbeing are at stake. Oftentimes, this equipment is deployed by the Special Weapons and Tactics (SWAT) team.

Summary of Military Equipment Usage:

The summary of military equipment usage is intended to describe specific incidents where the equipment was deployed, including the nature of the incident, the equipment used, and the outcome of the deployment.

During the reporting period, the Brea Police Department deployed its military equipment during the following situations:
6 40mm Less Lethal:

On November 28th, 2024, officers attempted to arrest a possible drunk driver who had crashed into a wall in the area of Lambert Rd and SR 57. The suspect was uncooperative and began ramming police vehicles. A Brea Police Officer deployed three (3) 40MM Less Lethal foam projectiles. It is unknown if the projectile struck the suspect and they were not effective.

Pepperball Launcher:

On July 14, 2024, a Brea Police Officer was working in the capacity of a SWAT officer with the North Orange County SWAT Team. A felony suspect had barricaded himself inside of a home in the 3200 Block of Topaz Lane in Fullerton. The Brea PD SWAT operator deployed approximately 50 pepper balls into the residence. The pepper balls were effective and the suspect exited the residence and was arrested without incident by Fullerton PD.

Unmanned Aircraft Systems (UAS):

In 2024, the Brea Police Department (BPD) UAS team conducted approximately 100 flights, accumulating over 100 hours of airtime. The primary purpose of the UAS program remains the enhancement of public and officer safety through aerial surveillance in various situations, including but not limited to: search & rescue, situational awareness during critical incidents, missing persons, fleeing suspect searches, SWAT operations, high-risk traffic stops, event security and planning, and any other situation where the UAS would improve officer safety, public safety, and suspect safety.

Over the past year, the UAS team has been deployed in numerous critical operations, including suspect searches, barricaded suspect incidents, and tactical operations. Additionally, UAS has played a significant role in monitoring crime trends, particularly in assisting with retail theft response and prevention efforts.
● In 2024, the department purchased six UAS systems.
7 ● In 2025, the department purchased two DFR (Drone as a First Responder) UAS systems. ● DFR operations are scheduled to start in the summer of 2025, covering approximately 75% of the city.

Summary of Complaints:

The department did not receive any complaints concerning military equipment use in 2024.

Violations of Policy / Internal Audits:

An internal review regarding the use of the aforementioned equipment revealed no violations of policy.

Total Annual Costs and Inventory of Military Equipment:

The estimated annual cost for the maintenance and uses of the military equipment in our current inventory is listed under each specific item. Not all items incur an annual maintenance cost. The following constitutes an inventory of previously purchased equipment deemed to be military equipment as defined by our policy:

UNMANNED, REMOTELY PILOTED, POWERED AERIAL VEHICLES
[Government Code section 7070(c)(1)
Item: Unmanned Aircraft Systems (UAS)
Quantity: 6
Use and Capability: Sustained flight controlled by a remote pilot on the ground.

Expected Lifespan: 3 to 5 years
Product Description: Commercially available platforms designed for aerial productivity with configurability for industrial applications, flight safety, and data security. 8 Purpose: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public.

Authorized Use: UAS are utilized for various tasks such as search and rescue operations, accident investigations, and surveillance during calls for service, investigations, and specific incidents.

Purchase Price: $36,000
Annual Upkeep Costs: $1,000
Legal and Procedural Rules: Officers who have attended a specific FAA and BPD training may deploy UAS. UAS are to be used for law enforcement purposes, and in compliance with the Brea Police Department policy and relevant state and federal laws.

Training Required: Federal Aviation Administration (FAA) Part 107 License and department-provided training.

ARMORED PERSONNEL CARRIERS
[Government Code section 7070(c)(2)]
Item: LENCO BEARCAT
Quantity: 2*
*These items are owned and maintained by the Fullerton Police Department and La Habra Police Department, but are mutual aid assets used by Brea Police Department personnel as part of a regional SWAT team.

Use and Capability: Commercially-produced, four-wheeled armored personnel carrier and rescue vehicle; capable of transporting 10-12 fully equipped SWAT officers, with an open floor plan to allow for 9 rescue of downed personnel or victims/civilians. The vehicle can be used for both SWAT and non-SWAT incidents.

Expected Lifespan: 25 years.

Manufacturer’s Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.

Purpose: To be used in response to dangerous incidents to enhance officer and citizen/victim safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall be authorized by a Watch Commander or SWAT Commander, based on specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Purchase Price: $315,518.65**
**Both BearCat vehicles were obtained through the UASI group procurement process.

Annual Upkeep Costs: Annual maintenance cost of approximately $5,000 per vehicle (paid for by the City of Fullerton and City of La Habra)
Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law. 10 Training Required: All drivers/operators must first attend formalized in-house instruction which includes vehicle operations and practical driving instruction.

COMMAND AND CONTROL VEHICLES
[Government Code section 7070(c)(5)]
Item: R & S CUSTOM TRAILER MODEL T-22PR ROAD HAULER (CERT Trailer) Quantity: 1
Use and Capability: A vehicle-towed mobile office trailer that provides shelter, access to department computer systems, and restroom facilities during extended events.

Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Additional authorized uses of the CERT Trailer may include, but are not limited to, critical incidents, emergencies and natural disasters.

Authorized Use: Only City of Brea personnel who have completed any required training and have obtained the California Department of Motor Vehicles Class A Driver License will be allowed to tow the CERT Trailer.

Purchase Price: $0*
*The Anaheim/Santa Ana UASI group completed the procurement process of the CERT Trailer for the City of Irvine, utilizing FY2008 UASI funds to purchase a volunteer management/equipment trailer in 11 support of FEMA’s Citizen Corps Program, specifically the Community Emergency Response Teams (CERT). This trailer was issued to the City of Irvine’s CERT Program through the Irvine Police Department. In 2014, the Anaheim/Santa Ana UASI grant office was notified that the Irvine CERT program could no longer use the trailer due to operational and administrative issues, they returned the trailer for issuance to another CERT program. The Anaheim/Santa Ana UASI office identified the City of Brea to receive this trailer for use in support of its CERT Program. The trailer was issued to the City of Brea’s CERT Program through the Brea Police Department. The CERT Program was later moved to the Brea Fire Department who then took over the administration of CERT and the trailer.

Annual Upkeep Costs: Approximately $200
Legal and Procedural Rules: Use of the CERT Trailer is not governed by the policies of the Brea Police Department, and may be used at the discretion of the Emergency Preparedness Coordinator or Brea Fire Department Administration.

Training Required: The driver towing the CERT Trailer shall be a City of Brea employee who possesses a valid California Department of Motor Vehicles Class A Driver License.

EXPLOSIVE BREACHING APPARATUSES AND RELATED MUNITIONS
[Government Code section 7070(c)(7)]
Item: REMINGTON 870 SHOTGUN, MODIFIED WITH A BREACHING BARREL Quantity: 1
Use and Capability: This weapon allows for SWAT Officers to safely utilize shotgun breaching rounds in order to disable deadbolts, locks, and door hinges. There is a spiked stand-off built into the end of the barrel to allow for positive placement of the gun into the correct position. The stand-off has vents to deflect debris and gases to prevent overpressure. The weapon can also defeat windows and sliding glass 12 doors with a flash bang round (a less lethal 2.4 inch, 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second) Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Purpose: To allow SWAT officers to defeat locks and/or hinges to safely enter a structure.

Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

Purchase Price: $1,200
Annual Upkeep Costs: Approximately $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: All SWAT Officers who use a breaching shotgun shall first successfully complete an approved explosive breaching class, and must receive annual in-house training for the use of the breaching shotgun and munitions.

Related Munitions:

Item: TKO BREACHING SHOTGUN ROUNDS
Description: A round that is fired from a breaching shotgun and is used to disable deadbolts, locks and hinges.
13 Current Inventory: 25 rounds
Usual Inventory: 30 rounds
Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

Purchase Price: $6.09 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

SPECIALIZED FIREARMS / ASSAULT WEAPONS
[Government Code section 7070(c) (10)]
Item: Rifle
Quantity: 77
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
14 Manufacturer’s Product Description: Patrol and/or SWAT rifle chambered in 5.56 caliber.

Patrol rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $1,400 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must first be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

Item: LARUE TACTICAL OPTIMIZED BATTLE RIFLE (OBR), 7.62 MM Quantity: 1
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
15 Expected Lifespan: 15 years
Manufacturer’s Product Description: The LaRue OBR (Optimized Battle Rifle) was built from the ground up, using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower. Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency. The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver...translating into maximum accuracy.

Purpose: Sniper rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. They allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a specific POST-certified rifle course may carry and deploy rifles. Rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $4,125 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: This rifle may only be used by SWAT Officers who have successfully completed a POST-certified rifle marksmanship or sniper course. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use. 16 FLASHBANG GRENADES, TEAR GAS, AND PEPPER BALLS
[Government Code section 7070(c) (12)]
Item: DEFENSE TECHNOLOGY LOW ROLL II, DISTRACTION DEVICE Current Inventory: 21
Usual Inventory: 20
Use and Capability: Device used to distract device used to disorient or divert a suspect’(s) attention away from SWAT Officers using light and sound. This device can allow SWAT Officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This device can prevent injury to officers and citizens. This device can lead to a safer resolution and allow SWAT Officers to take a suspect’(s) into custody without force
Expected Lifespan: Until expended
Manufacturer’s Product Description: The 11-Gram Low Roll II® Non-Reloadable Distraction Device®, High Humidity utilizes an M201A1 type fuse with Hex design steel body. This compact version of the 8933 Low Roll Distraction Device body is the newest version of the first reusable non-bursting canisters that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. This is a smaller, lighter device with the same output. This is a modified version of the Low Roll II Non-Reloadable Distraction Device that is designed for use in high humidity environments, which incorporates a water-resistant charge tube. The standard render safe practice involving 24-hour water submersion will no longer be effective for the high humidity devices, please consult the render safe procedure for incineration in the instructions. 17 Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in high-risk warrant (search/arrest) services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises.

Purchase Price: $46 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: Prior to use, officers must successfully complete diversionary device training that is conducted by POST-certified instructors.

Item: DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Current Inventory: 13
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture 18 Manufacturer’s Product Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $35 each
Annual Upkeep Costs: None
19 Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Current Inventory: 15
Usual Inventory: 10
Use and Capability: Handheld/throwable or weapon-launchable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Speed-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Purchase Price: $28 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Current Inventory: 10
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. 21 Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $44 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, OC TRIPLE CHASER SEPARATING CANISTER Current Inventory: 11
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse OC chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture 22 Manufacturer’s Product Description: The OC Triple-Chaser® Pyrotechnic Grenade is one of our first-ever pyrotechnic grenades that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and inflammatory agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions for crowd control. The Triple-Chaser OC consists of three separate canisters pressed together.

This grenade can be hand thrown or launched from a delivery system. The grenade is 6.5 in. by 2.7 in. and holds approximately 1.06 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $35 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.
23 Item: DEFENSE TECHNOLOGY, CS POCKET TACTICAL CANISTER Current Inventory: 12
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $39 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and 24 operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, SMOKE CANISTER
Current Inventory: 6
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse inert smoke.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Military-Style Maximum Smoke Grenade comes from the Defense Technology® #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $49 each
25 Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: FTC PEPPERBALL LAUNCHER
Quantity: 1
Use and Capability: A compressed-air powered launcher designed to launch non-lethal PepperBall projectiles, both inert and irritant-containing, at a maximum distance of 150 feet.

Expected Lifespan: 20 years
Manufacturer’s Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Purchase Price: $573.25
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Item: PEPPERBALL LIVE-X PROJECTILES
Manufacturer’s Product Description: Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-X™ contains the equivalent PAVA irritant chemical agent in 10 regular PepperBall® LIVE™rounds.

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: $2,500 per 750 rounds
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force. 27 Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Item: PEPPERBALL INERT PROJECTILES
Manufacturer’s Product Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: $646 per 750 rounds
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

LONG RANGE ACOUSTIC DEVICE (LRAD)
[Government Code section 7070(c) (13)]
Item: AARDVARK LRAD 100x PORTABLE HAILING SYSTEM
Quantity: 1
28 Use and Capability: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Expected Lifespan: 25 years
Manufacturer’s Product Description: The Model 100X Portable Hailing System is a self-contained, handheld, portable communications device for use in on-scene and tactical communications. It has the capability to be 20-30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. (6.8 kg) with battery, accessories, and cables, the easy portability of the 100X can safely communicate beyond standoff distances to determine intent. The highly intelligible voice messages over distances up to 600 meters; max range of 250 meters over 88 dB of background noise and 137dB SPL @ 1 meter, A-weighted maximum continuous output. Taking advantage of its focused, directional sound pattern, optimized driver and waveguide technology, the 100X can penetrate buildings and vehicles to ensure communications are heard and understood. The warning tone provides a safer alternative to non-lethal measures and safely modifies behavior while creating additional time to scale the escalation of force if necessary. With an 8-hour rechargeable battery, optional power sources and water-resistant casing, the 100X creates an instant acoustic standoff perimeter even through wind, engines, sirens, and noisy crowds. The 100X is easily operable with gloves or MOPP gear using the simple user interface.

Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.
29 Authorized Use: The LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Purchase Price: $12,293.95
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: No formal training is required, however SWAT Operators trained in the use of the LRAD should set up and operate the device.

PROJECTILE LAUNCH PLATFORM AND RELATED MUNITIONS
[Government Code section 7070(c) (14)]
Item: DEFENSE TECHNOLOGY LMT 40 MM LMT SINGLE SHOT LAUNCHER Quantity: 13*
*Four launchers are assigned to the SWAT team, nine launchers are assigned to Patrol Use and Capability: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less-lethal impact rounds, and authorized CS and OC rounds.

Expected Lifespan: 15 years
Manufacturer’s Product Description: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable 30 Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $1,000 each
Annual Upkeep Costs: $50 each
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm less lethal munitions, chemical agents or impact rounds, must first be trained in their use by POST-certified less lethal and/or chemical agent instructors.

Related Munitions:

Item: DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
31 Description: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.

Current Inventory: 605 rounds
Usual Inventory: 675 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $18 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Item: DEFENSE TECHNOLOGY, 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge 32 barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact.

Current Inventory: 15 rounds
Usual Inventory: 35 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $21 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Item: DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE-PENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is nonburning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and 33 instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is

27.6 grams and instantaneously discharges on impact.

Current Inventory: 6 rounds
Usual Inventory: 20 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Item: REMINGTON 870 12 GAUGE LESS LETHAL SHOTGUN
Quantity: 13*
*4 shotguns are assigned to the SWAT team, 9 are assigned to Patrol Use and Capability: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of de-escalation.
34 Expected Lifespan: 25 years
Manufacturer’s Product Description: For a half century the Remington Model 870P has been the pump shotgun of choice for government agencies. With over 10 million produced to date, it remains the standard by which all pump actions are measured. Its dual, non-binding action bars deliver ultrasmooth, reliable cycling. The ultimate pump shotgun, the Model 870P stands the test of time, extreme conditions and duty.

Purchase Price: $1,000 each
Annual Upkeep Costs: $50 each
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the less lethal shotguns and bean bag munitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Officers must be trained in the 12 gauge less lethal option by in-service or other training prior to use.
35 Related Munitions:

Item: DEFENSE TECHNOLOGY DRAG STABILIZED 12-GAUGE BEANBAG ROUND Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by and orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize”. The Drag Stabilized Model is an aerodynamic projectile; however, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

The Drag Stabilized model is very accurate; however, effectiveness is dependent upon many variables such as distance, clothing, stature, and the point where the projectile impacts.

Current Inventory: 237 rounds
Usual Inventory: 125 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $5 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the less lethal shotguns and bean bag munitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 36 Training Required: Officers must be trained in the 12 gauge less lethal option by in-service or other training prior to use.

Acquisition of Additional Equipment:

During the calendar year 2024, the Brea Police Department purchased six UAS systems Future Acquisition of Additional Equipment:

As part of the Brea Police Department’s Integrated Crime Center (ICC), the department purchased two DFR UAS in 2025.

Community Outreach and Transparency:

The Brea Police Department recognizes the importance of maintaining open lines of communication with the community regarding the use of military equipment. Efforts to promote transparency and engage with the community are of the utmost importance.

It is important to note that the deployment of military equipment is subject to continuous review and evaluation to ensure its necessity, appropriateness, and adherence to departmental policies.

Pursuant to AB 481 and department policy, the Brea Police Department will be sharing this annual use report meeting at the Brea City Council Meeting on August 19th, 2025.

Published with permission by Brea Police Department
Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Brea Police Department
Military Equipment - 2
705.2 POLICY
It is the policy of the Brea Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is the policy of the Brea Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the supervisor in charge of asset tracking to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Brea Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Coordinating the processing of complaints and concerns submitted as outlined in this policy.
705.4 MILITARY EQUIPMENT INVENTORY
The items referenced below meet the definition of "Military Equipment" as defined in Government Code § 7070. Items are organized based on equipment categories or types as defined in Government Code § 7070(c). Only categories or types of equipment owned or used by Brea Police Department personnel are included in this inventory. If a category or type is omitted that means that the Brea Police Department does not own or use equipment in that category.

Published with permission by Brea Police Department
Military Equipment - 3
As required by Government Code §§ 7070-7072, information listed in each category or type of military equipment includes the quantity of each type, along with its use and capabilities, expected lifespan, manufacturer's product description, purpose, authorized use, purchase cost, annual upkeep costs, legal and procedural rules governing use, and training required to use each type of military equipmnet.
705.4.1 ITEMS THAT ARE EXPENDABLE AND/OR PERISHABLE
Some items listed are expendable (can be used or expended) and/or perishable (have shelf lives and expiration dates). These include, but are not limited to, launchable munitions and flashbangs.

For perishable and/or expendable items, the attached inventory will include a maximum quantity along with the quantity at the moment in time of the inventory. Being expendable and perishable, the current inventory will be in constant flux and may not match what is listed in the attachment. The Police Department may maintain up to the listed amount of each such expendable or perishable item unless and until this Policy is amended to approve a different type or amount, without additional approval from the governing body.
705.4.2 MILITARY EQUIPMENT USE CONSIDERATIONS
The following shall apply to any military equipment acquired and authorized by the department:

1. Use of the equipment shall be necessary because there are no reasonable alternatives that can achieve the same objective of officer and civilian safety.

2. Use of the equipment will serve to safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The equipment is reasonably cost effective compared to any available alternatives that can achieve the same objective of officer and civilian safety

4. The equipment shall only be used by department employees who have received required training, including any courses required by the Commission on Peace Officer Standards and Training (POST), and/or who otherwise possess established qualifications for each item type of equipment, unless an emergency or other exigent circumstances exist.

5. The equipment shall comply with other pertinent Brea Police Department Policies including, but not limited to, Use of Force, Control Devices and Techniques, Search and Seizure, and First Amendment Assemblies.
705.4.3 MILITARY EQUIPMENT INVENTORY
See attachment: Brea Police Dept Military Equipment Inventory April 2024.pdf All military equipment kept and maintained by the Brea Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer's description for each type of equipment.

2. The capabilities of each type of equipment.

3. The purposes and authorized uses for which the Department proposes for each type of equipment.

Published with permission by Brea Police Department
Military Equipment - 4

4. The expected lifespan of each type of equipment.

5. The fiscal impact of each type of equipment, both initially and for ongoing maintenance.

6. The quantity of each type of equipment, whether maintained or sought. 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval for use of military equipment from the City Council by way of an ordinance adopting a new or revised military equipment use policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment shall not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall post each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

Published with permission by Brea Police Department
Military Equipment - 5
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department shall discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.9 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Professional Standards Unit and handled as Personnel Complaints. All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Brea Police Department via telephone to the Brea Police Department Watch Commander at 714-990-7624. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Professional Standards Unit as provided for citizen complaints Brea PD Policy Manual
Copyright Lexipol, LLC 2025/07/10, All Rights Reserved.

Published with permission by Brea Police Department
Brea Police Dept Military Equipment Inventory
April 2024.pdf - 7
Brea Police Dept Military
Equipment Inventory April 2024.pdf
Brea Police Dept Military Equipment Inventory April 2024.pdf

Use and Capability: Commercially-produced, four-wheeled armored personnel carrier and rescue vehicle; capable of transporting 10-12 fully equipped SWAT officers, with an open floor plan to allow for rescue of downed personnel or victims/civilians. The vehicle can be used for both SWAT and non-SWAT incidents.

Expected Lifespan: 25 years.

Purpose: To be used in response to dangerous incidents to enhance officer and citizen/victim safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Purchase Price: $315,518.65**
**Both BearCat vehicles were obtained through the UASI group procurement process.

Training Required: All drivers/operators must first attend formalized in-house instruction which includes vehicle operations and practical driving instruction.

COMMAND AND CONTROL VEHICLES
[Government Code section 7070(c)(5)]
Item: R & S CUSTOM TRAILER MODEL T-22PR ROAD HAULER (CERT Trailer)
Quantity: 1
Use and Capability: A vehicle-towed mobile office trailer that provides shelter, access to department computer systems, and restroom facilities during extended events.

Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Purpose: The 2011 Model T-22 Road Hauler trailer is a 22 feet long box trailer that has is used as a mobile, portable command post for primary use by the Civilian Emergency Response Team and can be utilized by the Police Department for DUI checkpoints and as a command post at community events. Additional authorized uses of the CERT Trailer may include, but are not limited to, critical incidents, emergencies and natural disasters.

Authorized Use: Only City of Brea personnel who have completed any required training and have obtained the California Department of Motor Vehicles Class B Driver License will be allowed to tow the CERT Trailer.

Purchase Price: $0*
*The Anaheim/Santa Ana UASI group completed the procurement process of the CERT Trailer for the City of Irvine, utilizing FY2008 UASI funds to purchase a volunteer management/equipment trailer in support of FEMA’s Citizen Corps Program, specifically the Community Emergency Response Teams (CERT). This trailer was issued to the City of Irvine’s CERT Program through the Irvine Police Department. In 2014, the Anaheim/Santa Ana UASI grant office was notified that the Irvine CERT program could no longer use the trailer due to operational and administrative issues, they returned the trailer for issuance to another CERT program. The Anaheim/Santa Ana UASI office identified the City of Brea to receive this trailer for use in support of its CERT Program. The trailer was issued to the City of Brea’s CERT Program through the Brea Police Department. The CERT Program was later moved to the Brea Fire Department who then took over the administration of CERT and the trailer.

Training Required: The driver towing the CERT Trailer shall be a City of Brea employee who possesses a valid California Department of Motor Vehicles Class B Driver License.

EXPLOSIVE BREACHING APPARATUSES AND RELATED

MUNITIONS
[Government Code section 7070(c)(7)]
Item: REMINGTON 870 SHOTGUN, MODIFIED WITH A BREACHING
BARREL
Quantity: 1
Use and Capability: This weapon allows for SWAT Officers to safely utilize shotgun breaching rounds in order to disable deadbolts, locks, and door hinges. There is a spiked stand-off built into the end of the barrel to allow for positive placement of the gun into the correct position. The stand-off has vents to deflect debris and gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flash bang round (a less lethal 2.4 inch, 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second)
Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Purpose: To allow SWAT officers to defeat locks and/or hinges to safely enter a structure.

Related Munitions:

Item: TKO BREACHING SHOTGUN ROUNDS
Description: A round that is fired from a breaching shotgun and is used to disable deadbolts, locks and hinges.

Current Inventory: 30 rounds
Usual Inventory: 30 rounds
Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

SPECIALIZED FIREARMS / ASSAULT WEAPONS
[Government Code section 7070(c)(10)]
Item: DANIEL DEFENSE MODEL DDM4V7, 5.56 MM, 11” BARREL
Quantity: 60
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: The DDM4 V7 AR15 style firearm features MLOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16-inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose: Patrol rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Item: HECKLER & KOCH MODEL G36C, 5.56 MM, 8.9” BARREL
Quantity: 3
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: With its short 8.98 inch (228 mm) barrel and buttstock folded, the G36C (compact carbine) has an overall length of less than 20 inches— shorter that an MP5 submachine gun. It is the perfect 5.56 mm weapon for use in confined areas such as a vehicle. The G36C can even be fired with its buttstock folded. With the installation of an HK G36 magazine conversion magazine well, the G36C can use widely available AR/M16/M4 type magazines.

Purchase Price: $900 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Item: HECKLER & KOCH, MODEL 416D, 5.56MM, 11.5” BARREL
Quantity: 4
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: Heckler & Koch developed the HK416 for U.S. special operations forces as a major product improvement of M4/M16-type carbines and rifles. Using the HK-proprietary gas piston system found on the G36, the HK416 does not introduce propellant gases and carbon fouling back into the weapon’s interior, making it the most reliable of any M4/M16 type weapon.

Purchase Price: $0*
*These rifles were obtained with credit from traded-in older model rifles Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Item: DANIEL DEFGENSE MODEL DDM4 V7S, 5.56 MM, 11.5” BARREL Quantity: 10
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: The DDM4 V7 AR15 style firearm features MLOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose: Rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws. These particular rifles are assigned to Department members who are assigned to North County SWAT, and the officers who are issued these rifles carry them in both patrol and SWAT operations.

Purchase Price: $1,759 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Expected Lifespan: 15 years
Manufacturer’s Product Description: The LaRue OBR (Optimized Battle Rifle) was built from the ground up, using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower. Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency. The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver...translating into maximum accuracy.

Purpose: Sniper rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. They allow officers precision shot placement minimizing the risk to officers and innocent citizens Authorized Use: Officers who have attended a specific POST-certified rifle course may carry and deploy rifles. Rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Training Required: This rifle may only be used by SWAT Officers who have successfully completed a POST-certified rifle marksmanship or sniper course.

Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

FLASHBANG GRENADES, TEAR GAS, AND PEPPER BALLS
[Government Code section 7070(c)(12)]
Item: DEFENSE TECHNOLOGY LOW ROLL II, DISTRACTION DEVICE Current Inventory: 19
Usual Inventory: 20
Use and Capability: Device used to distract device used to disorient or divert a suspect’(s) attention away from SWAT Officers using light and sound. This device can allow SWAT Officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This device can prevent injury to officers and citizens. This device can lead to a safer resolution and allow SWAT Officers to take a suspect’(s) into custody without force
Expected Lifespan: Until expended
Manufacturer’s Product Description: The 11-Gram Low Roll II® Non-Reloadable Distraction Device®, High Humidity utilizes an M201A1 type fuse with Hex design steel body. This compact version of the 8933 Low Roll Distraction Device body is the newest version of the first reusable non-bursting canisters that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. This is a smaller, lighter device with the same output. This is a modified version of the Low Roll II Non-Reloadable Distraction Device that is designed for use in high humidity environments, which incorporates a water-resistant charge tube. The standard render safe practice involving 24-hour water submersion will no longer be effective for the high humidity devices, please consult the render safe procedure for incineration in the instructions.

Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in highrisk warrant (search/arrest) services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises.

Training Required: Prior to use, officers must successfully complete diversionary device training that is conducted by POST-certified instructors.

Item: DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Current Inventory: 8
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Current Inventory: 14
Usual Inventory: 10
Use and Capability: Handheld/throwable or weapon-launchable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING

CANISTER
Current Inventory: 20
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, OC TRIPLE CHASER SEPARATING

CANISTER
Current Inventory: 21
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse OC chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The OC Triple-Chaser® Pyrotechnic Grenade is one of our first-ever pyrotechnic grenades that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and inflammatory agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions for crowd control. The Triple-Chaser OC consists of three separate canisters pressed together.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, CS POCKET TACTICAL CANISTER
Current Inventory: 9
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device.

Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $39 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, SMOKE CANISTER
Current Inventory: 16
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse inert smoke.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $49 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: FTC PEPPERBALL LAUNCHER
Quantity: 1
Use and Capability: A compressed-air powered launcher designed to launch nonlethal PepperBall projectiles, both inert and irritant-containing, at a maximum distance of 150 feet.

Expected Lifespan: 20 years
Manufacturer’s Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations.

Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Related Munitions:

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

LONG RANGE ACOUSTIC DEVICE (LRAD)
[Government Code section 7070(c)(13)]
Item: AARDVARK LRAD 100x PORTABLE HAILING SYSTEM
Quantity: 1
Use and Capability: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Expected Lifespan: 25 years
Manufacturer’s Product Description: The Model 100X Portable Hailing System is a self-contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20-30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. (6.8 kg) with battery, accessories, and cables, the easy portability of the 100X can safely communicate beyond standoff distances to determine intent. The highly intelligible voice messages over distances up to 600 meters; max range of 250 meters over 88 dB of background noise and 137dB SPL @ 1 meter, A-weighted maximum continuous output. Taking advantage of its focused, directional sound pattern, optimized driver and waveguide technology, the 100X can penetrate buildings and vehicles to ensure communications are heard and understood. The warning tone provides a safer alternative to non-lethal measures and safely modifies behavior while creating additional time to scale the escalation of force if necessary. With an 8-hour rechargeable battery, optional power sources and water-resistant casing, the 100X creates an instant acoustic standoff perimeter even through wind, engines, sirens, and noisy crowds. The 100X is easily operable with gloves or MOPP gear using the simple user interface.

Authorized Use: The LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Training Required: No formal training is required, however SWAT Operators trained in the use of the LRAD should set up and operate the device.

PROJECTILE LAUNCH PLATFORM AND RELATED MUNITIONS
[Government Code section 7070(c)(14)]
Item: DEFENSE TECHNOLOGY LMT 40 MM LMT SINGLE SHOT

LAUNCHER
Quantity: 13*
*Four launchers are assigned to the SWAT team, nine launchers are assigned to Patrol Use and Capability: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less-lethal impact rounds, and authorized CS and OC rounds.

Expected Lifespan: 15 years
Manufacturer’s Product Description: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Related Munitions:

Item: DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent.

Used for Crowd Control, Patrol, and Tactical Applications.

Current Inventory: 758 rounds
Usual Inventory: 675 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Item: DEFENSE TECHNOLOGY, 40MM CS FERRET POWDER BARRICADE

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact.

Current Inventory: 31 rounds
Usual Inventory: 35 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Item: DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADEPENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact.

Current Inventory: 16 rounds
Usual Inventory: 20 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Expected Lifespan: 25 years
Manufacturer’s Product Description: For a half century the Remington Model 870P has been the pump shotgun of choice for government agencies. With over 10 million produced to date, it remains the standard by which all pump actions are measured. Its dual, non-binding action bars deliver ultra-smooth, reliable cycling.

The ultimate pump shotgun, the Model 870P stands the test of time, extreme conditions and duty.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Training Required: Officers must be trained in the 12 gauge less lethal option by inservice or other training prior to use.

Related Munitions:

Item: DEFENSE TECHNOLOGY DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by and orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize”. The Drag Stabilized Model is an aerodynamic projectile; however, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized model is very accurate; however, effectiveness is dependent upon many variables such as distance, clothing, stature, and the point where the projectile impacts.

Current Inventory: 237 rounds
Usual Inventory: 125 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Training Required: Officers must be trained in the 12 gauge less lethal option by inservice or other training prior to use.

CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 6A.

August 19, 2025 Regular City Council Meeting Minutes

TO PREPARED BY
Honorable Mayor and City Council Members Victoria Popescu, City Clerk

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager

RECOMMENDATION
Approve.

Attachments
08-19-2025 - 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
August 19, 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

Absent:

Steve Vargas, Council Member

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:45 P.M.

1.A. Call to Order/Roll CallMayor Stewart called the Study Session to order at 6:45 p.m. All members were present, with Council Member Vargas absent.

1.B. Public CommentNone.

1.C. Clarify Regular Meeting Topics -
None.

1.D. Designate Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 8-10, 2025, Long Beach Convention CenterThe City Council appointed Mayor Stewart as the Voting Delegate and Mayor Pro Tem Hupp as the Alternate for the League of California Cities Annual Conference and Expo, October 8-10, 2025.

1.E. Council Member Reports/RequestsMayor Pro Tem Hupp commended staff for their work on Brea Fest and spoke about National Night Out.

1.F. Study Session AdjournmentMayor Stewart adjourned the Study Session at 6:46 p.m.

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

2.A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:01 p.m. All members were present, with Council Member Vargas absent.

2.B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.

2.C. Invocation: Pastor Rick Darden, Friends Community Church Pastor Rick Darden, Friends Community Church, led the Invocation.

2.D. Presentation: Business of the Quarter
A video presentation was displayed announcing the Business of the Quarter, Uni-Caps, LLC.

2.E. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session.

2.F. Community Announcements
Council Member Marick announced that the City of Brea is hosting a paper shredding and compost giveaway event on Saturday, September 6 from 8:00 a.m. to 11:00 a.m. at the Brea Community Center and invited Brea residents to participate.

Mayor Pro Tem Hupp announced that September is National Preparedness Month and spoke about several resources the City offers residents to stay prepared during an emergency.

Mayor Stewart announced that this year's State of the City will be available for the entire community to view online beginning Tuesday, September 9 at 7:00 p.m.

2.G. Matters from the Audience
Scott Hupp announced the 2025 Brea Mayor's Cup will take place on Monday, September 8 and invited the community to participate.

2.H. Response to Public Inquiries
None.

Mayor Stewart announced that he will first take Administrative Items and Consent Calendars prior to the Public Hearing Item. He also announced that there will be no public hearing on items 4B and 4C, the Brea Construction Code Tri-Annual Update and the 2025 Fire Code and Wildland Urban Interface Ordinance Introductions.

3. PUBLIC HEARING

3.A. Appeal of the Planning Commission Decision to Approve the DJT4 Parcel Delivery Facility (Amazon)- Environmental Impact Report No. 2023-01, Vesting Tentative Parcel Map No. 2022-193, and Plan Review No. 2022-09
Senior Planner Newton provided a presentation and spoke about the project details, location, existing condition, project description, required entitlements, overall project timeline, operations, building design, project evolution related to parking and line haul trucks, notable conditions of approval, Environmental Impact Report (EIR), appeal claim, noticing and staff recommendation.

David Maxey, appellant, provided a presentation and expressed concern with project compliance with the M1 Zoning Code, and explained the reason for the appeal is for concerns related to the noise impacts as a result of the project. He spoke about the EIR analysis, projected noise levels and potential impacts to adjacent residents, and concerns with Amazon site maintenance and onsite security. He also requested the project decision be reversed or paused until a real world noise analysis be conducted with a sound meter and a diesel Amazon line haul truck in the area.

Jason Friedman, Amazon Economic Development Policy representative, and provided a presentation and spoke about the original project design, revised project design, economic impact, sustainability, employee benefits, site planning, Tracks at Brea extension, and engagement.

Justin Mahramas, Sheppard Mullin, on behalf of the Applicant, clarified zoning and use for the area; the noise study; and CEQA methodology, and operation peak periods.

Mayor Stewart opened the public hearing.

Paulina Alvarez, Maurice Casaus, Zach Strasters, Lacy Schoen, Tanya Huynh, Daniel Osborne, Randy Wetmur, Henry Hillebrecht, Connie Allred, Ricardo Perez, Bill McMillan, Robert Nevarez, Ross Mccune, and Debbie spoke in support of the project, citing increased job opportunities in the City for residents, Amazon's investment in the Community, and revitalization of the property.

Sandra Spencer, Marie Nunez, Lesley Bickers, Eric Jimenez, Gloria Alvarado, Richard Smith, Alfred Munoz, Daisy Grajeda, Silver Montero, Andrea Nesbitt, Carol Gray, Wileen Leu, Katheryn Bigelow, Richard Romero, Duane Morgan, Orlando Ramirez, Jacob Shin, Leticia Wilson, David Enriquez, Juan Martinez, Kevin Wilson spoke in opposition to the project, citing noise and traffic concerns, and requested Amazon conduct further traffic noise studies. They requested the Council uphold the appeal.

Seeing no further speakers wishing to address the Council, Mayor Stewart closed the public hearing.

Mayor Stewart recessed the meeting at 9:01 p.m.

Mayor Stewart reconvened the meeting at 9:10 p.m.

Council inquired what uses are available to the applicant with the existing building and discussed prior use of the building under the previous tenant, Bank of America. They also inquired about the potential for additional noise studies and spoke about truck regulations on Birch Street and traffic mitigation measures.

Assistant City Manager/Community Development Director Killebrew indicated that the proposed operation is a dramatically reduced operation from pre-covid use with previous operators.

Council inquired if the vehicles are owned by Amazon and what control Amazon has in what vehicles are driven.

Jason Friedman, Amazon Economic Development Policy representative, indicated that the vehicles mix of owned and contracted trucks driven by contract drivers. He also explained vehicles are dispatched based on availability and that about 40% of the fleet are CNG/RNG vehicles.

Council discussed the possibility of conducting an alternate noise analysis.

Jason Friedman, Amazon Economic Development Policy representative, indicated that the study done as part of the EIR is believed to be the proper methodology under CEQA, and doesn't believe that any additional study will change findings.

Assistant City Manager/Community Development Director Killebrew spoke about consistency with application of standards in evaluations. He also listed items that Amazon has changed and implemented in order to accommodate the concerns of area residents.

Council discussed Condition of Approval Number 23, and indicated that the Condition came as a result of listening to the residents concerns, noting that if there is an alternate truck route in the future, the applicant would look into implementing an alternative line-haul truck route.

In response to Council discussion, John Karnowski, NV5 indicated that anytime a change is made to infrastructure, Amazon revisits it's procedures for van and truck routing.

Justin Mahramas, Sheppard Mullin, suggested approval of the project with an additional Condition of Approval to conduct an additional noise study after the project is operational.

Assistant City Manager/Community Development Director Killebrew indicated that the Council may stipulate time period, reporting and expectation of a potential noise study by way of Condition of Approval.

John Bellas, Michael Baker, spoke about the methodology and the results of the noise study that was conducted.

Seth Meyers, ECORP Consulting, Inc., spoke about the process of developing a new noise study.

He also spoke about the methodology used in the EIR.

Council inquired if there is a way to measure what peak time truck noise during the night time does to the decibel level.

John Bellas, Michael Baker, indicated that from his team's experience, there is not an established or accepted methodology for a study like this due to the number of variables to conduct a study in that manner. He indicated that would be easier to conduct a monitoring study that is tracking how the Amazon trucks are operating and possibly measuring the sound of the operation over a period of time.

Council inquired how would such a condition be constructed that would be meaningful if output from the study is found to be negative.

Assistant City Manager/Community Development Director Killebrew indicated that for all projects, if any conditions become unsatisfied, the entitlement would be subject to further review and revocation, adding that the approval be in substantial conformance with what was approved, along with Federal, State and local laws.

John Bellas, Michael Baker, indicated that there are physical remedies that could be done if that study did identify potential noise disruptions.

Council discussed the braking systems on Amazon trucks and inquired as to the outcome of the considerations of Mr. Maxey's appeal and comments made by speakers related to other noise sources such as radios. They also inquired about the security system currently being utilized on the property.

In response to Council questions, John Bellas, Michael Baker, spoke about the methodology of the study and indicated that the decibel level's noted by Mr. Maxey are instantaneous noise levels. He indicated that the numbers were not verified, noting that the conditions of the roadway and the condition of the vehicle to be contributing factors.

In response to Council questions, Jason Friedman, Amazon Economic Development Policy representative, spoke about operational standards. He also spoke about the security system currently being utilized due to the site being vacant, and noted that he will look into possibly adjusting the sensitivity of the alarms.

In response to the City Council and the community's concerns, City Attorney Boga suggested the consideration of an additional condition, related to the addition of a operational independent noise study: Prior to the issuance of the final Certificate of Occupancy, the Applicant shall submit and regularly replenish a deposit to cover all costs (including staff, counsel, and consultant costs) associated with conducting an independent third-party noise study. The noise study shall, at minimum, capture measurements of operational noise over the course of one year once the Project becomes operational. If the noise study concludes that the Project’s nighttime line-haul truck operations should be further reduced, the noise study shall include potential recommendation for achieving the reduction. The Applicant shall implement all reasonable and feasible operational recommendations identified by the noise study. Implementation shall be completed within a reasonable time period determined by the Community Development Director and received and filed with the City Council. This noise study requirement, or, if the noise study is already completed, any implemented recommendations from said study, shall be waived in the event that the Applicant’s nighttime line-haul traffic ceases to utilize State Route 142 (Valencia Avenue) and any excess funds in the deposit shall be refunded.

Motion was made by Council Member Marick, and seconded by Council Member Simonoff to adopt Resolution No. 2025-054, denying appeals and certifying EIR No. 2023-01, State Clearinghouse No. 2023070241, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Sections 15132 (Contents of Final EIR) and 15090 (Certification of the Final EIR); adopt a Resolution No. 2025-055, denying appeals and approving PR No. 2022-09 to allow the demolition of an existing 637,503 square-foot office building, surface parking, and associated landscape area, and the construction of an industrial warehousing development consisting of a 181,500 square-foot parcel delivery facility, including surface parking and associated landscape areas, based on the findings and conclusions in the resolution, and subject to the recommended conditions of approval, amended to add a condition related to the conduct of an operational noise study; and adopt a Resolution No. 2025-056, denying appeals approving TPM No. 2022-193 to reconfigure and merge three existing lots into one lot to accommodate the Project, based on the findings and conclusions in the resolution, and subject to the recommended conditions of approval. Motion passed 4-0-1-0 (Ayes: Simonoff, Hupp, Marick, Vargas; Absent: Vargas).

4. ADMINISTRATIVE ITEMS

4.A. Mercury Senior Apartments Project: Approval of a Density Bonus, Environmental Impact Report Addendum, financial requests, and associated agreements Senior Management Analyst Dao provided a presentation and provided an executive summary on the Mercury Senior Apartments Project, and spoke about the project history, recap of the project preview, and discussion on the project preview.

Senior Planner Pennington spoke about the refined project details, project proposal renderings, density bonus request, California Environmental Quality Act (CEQA) addendum and Conditions of Approval.

Senior Management Analyst Dao spoke about the implementation, including the financial request, Affordable Housing Agreement, Loan Agreement and Density Bonus Agreement and recommendation summary.

The City Council discussed on-site transportation, parking ratios, the potential for an increase in the number of lower affordability levels units, and the open space plan.

Todd Cottle, C&C Development, applicant, spoke about the property's rideshare vehicle, parking ratios of other similar properties in Orange County.

Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to approve an Affordable Housing Agreement, including Notice of Affordability Restrictions, with Brea Mercury LP for the Mercury Senior Apartments Project; approve a Loan Agreement with Brea Mercury LP, which includes a loan of $2,331,800 from the City’s Housing Trust Fund (270) and up to $659,311 in deferred development impact fees for the development of said affordable project; adopt a Resolution No. 2025-057 approving the following: Density Bonus (DB) No. 2025-01, a request to utilize the Density Bonus parking standards and two Density Bonus waivers of development standards to allow for reduction in required minimum common open space and bicycle parking, subject to conditions of approval provided as Exhibit A of the said resolution; Addendum to the Final Environmental Impact Report (FEIR) for the Mercury Lane Project (EIR SCH No. 2018121032 Addendum No. 1) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164; approve an Affordable Housing and Regulatory Agreement and Declaration of Restrictive Covenants (Density Bonus Agreement) with Brea Mercury LP; Find the Affordable Housing Agreement, Loan Agreement, and Density Bonus Agreement exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); Amend the Fiscal Year 2025-27 Operating Budget to appropriate $2,331,800 in the City’s Housing Trust Fund (270) for a loan payment to the development of said affordable housing project; Approve the deferral of development impact fees for said affordable housing project in an amount notto-exceed $659,311, as stated in the Loan Agreement; and Authorize the City Manager or designee to: Execute the Affordable Housing Agreement, including Notice of Affordability Restrictions, with Brea Mercury LP; Execute the Loan Agreement with Brea Mercury LP; Execute the Density Bonus Agreement with Brea Mercury LP; and Administratively make non-monetary revisions to the three above-mentioned agreements and related documents as necessary or appropriate. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff; Absent: Vargas).

4.B. Brea Construction Code Tri-Annual Code Update
Building Official Varela provided a presentation and spoke about the codes included in the 2025 edition of the California Codes and significant new code amendments.

Council discussed the criteria for new requirements for fire sprinklers in a high fire severity zone.

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to introduce by title only and waive further reading of Ordinance 1264, "an Ordinance of the City Council of the City of Brea adopting by reference the 2025 Edition of the California Administrative, Building, Residential, Mechanical, Plumbing, Electrical, Green Building Standards, Energy, Historical Building, and Existing Building Codes, The 2024 Edition of the International Property Maintenance Code, and the 2024 Edition of the International Swimming Pool and Spa Code, together with appendices, amendments, deletions and penalties, amending Title 15 of the Brea City Code, and approving a CEQA Exemption Determination", adopting by reference and amending, Codes comprising the 2025 Edition of the California Building Standards Code, and related “model” codes (collectively “California Code(s)” sometimes herein); and schedule a public hearing for September 16, 2025 to consider adoption of the Ordinance No. 1264. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff; Absent:

Vargas).

4.C. 2025 Fire Code and Wildland Urban Interface Ordinance Introduction Fire Marshal Pesqueira provided a presentation on the item and spoke about significant changes to the Brea Fire Code.

Mayor Stewart thanked the Fire Department for their work on updating the Fire Code.

Motion was made by Council Member Marick and seconded by Council Member Simonoff to introduce by title only and waive further reading of Ordinance No. 1265, "An Ordinance of the City Council of the City of Brea adopting by reference and amending the 2025 California Wildland – Urban Interface Code and the California Fire Code and portions of the 2024 International Fire Code, as the City of Brea Fire Code, together with certain amendments, additions, deletions and exceptions, amending Title 16 (Fire Safety) of the Brea City Code, and approving a CEQA exemption determination," adopting by reference and amending the 2025 California Fire Code (CFC) and 2025 California Wildland Urban Interface Code (CWUIC); and schedule a public hearing for September 16, 2025 to consider adoption of the Ordinance No. 1265. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff; Absent: Vargas).

5. CONSENT CALENDAR
Mayor Pro Tem Hupp thanked Council Member Simonoff for adding the provision to item 5I, Agreement with HdL Companies for Sales, Business License, and Other Tax Reporting Services and HdL Coren & Cone for property tax auditing services and statistical reporting, that any discovery, audit, or compliance letters sent by HdL Companies or HdL Coren & Cone to businesses or property owners be approved by staff prior to distribution.

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to approve City Council Consent Items 5A-5N. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick, Simonoff; Absent: Vargas).

5.A. July 15, 2025 City Council Regular Meeting Minutes The City Council approved the July 15, 2025 City Council Regular Meeting Minutes as written.

5.B. Accept a State of California Cannabis Tax Fund Grant Program (CTFGP) in the Amount of $230,902.82
The City Council adopted Resolution No. 2025-058 accepting a State of California Cannabis Tax Fund Grant Program (CTFGP) Award for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, in the amount of $230,902.82, for the one-year grant program which begins July 1, 2025 and ends June 30, 2026; and authorized the Chief of Police to execute the Grant Agreement.

5.C. Desktop and Mobile Computer, and Peripheral Replacements The City Council authorized the City’s Procurement & Contracts Administrator to issue a Purchase Order to Intelli-Tech in the amount of $86,269.88, for the purchase of laptops for the first phase of citywide computer replacements.

5.D. Resolution Approving the City’s Participation in the National Opioid Bankruptcy Settlements with Purdue Pharma L.P., the Sackler Family, and Any Future National Opioid Settlements The City Council adopted Resolution No. 2025-059 authorizing the City Manager to execute participation forms and related documents to join the national opioid bankruptcy settlements with Purdue Pharma L.P. and the Sackler Family; and authorized participation in any future national opioid settlements deemed appropriate by the City Manager.

5.E. Authorization to Enter into a Service Agreement with SMART Compliance for a Recycling Tracking and Recordkeeping Software for CalRecycle SB 1383 Compliance The City Council approved a Service Agreement with SMART 1383, as a result of a competitive selection process for an SB 1383 compliance reporting and record keeping software five-year subscription purchase and implementation in an amount not to exceed $100,000; and authorized the City Manager, or designee, to execute and administer the agreement and documentation necessary to procure SB 1383 compliance and reporting software system. Utilization of the grant funds will sustain the SMART 1383 software and any potential customization charges.

5.F. Award Contract with International Line Builders, Inc. dba ILB Electric for the Integrated Crime Center (ICC) Citywide Camera Network, CIP 7719
The City Council approved the plans and specifications; and receive bids; and awarded the contract to the lowest responsive and responsible bidder, International Line Builders, Inc., dba ILB Electric, in the amount of $1,223,382.00; and authorized the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price.

5.G. Award Contract with US Builders and Consultants, Inc. for Briarwood Lift Station Rehabilitation, CIP 7631
The City Council approved the plans and specifications; and receive bids; and award Contract to the lowest responsive and responsible bidder, US Builders and Consultants, Inc., in the amount of $571,400.00; and authorized the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price.

5.H. City’s Network Switches Replacements
The City Council authorized the City’s Procurement & Contracts Administrator to issue a Purchase Order for network switches, management software, and professional services for implementation in the amount of $321,496 to VectorUSA; and authorize the City Manager to execute the Professional Services Agreement with VectorUSA.

5.I. Agreement with HdL Companies for Sales, Business License, and Other Tax Reporting Services and HdL Coren & Cone for property tax auditing services and statistical reporting The City Council approved a five (5) year agreement with Hinderliter, del Llamas & Associates DBA HdL Companies for Sales Tax, Business License Tax, and other tax reporting services, and with HdL Coren & Cone for property tax auditing and statistical reporting. Both agreements include the option to renew for up to two (2) additional one-year terms; authorized the City Manager to execute the agreements with HdL Companies and HdL Coren & Cone, including any future extensions; and adopted Resolution No. 2025-060 authorizing HdL Companies to act on behalf of the City in matters before the California Department of Tax and Fee Administration (CDTFA), including access to confidential taxpayer information as necessary to perform the contracted services.

5.J. Agreement with Fuscoe Engineering, Inc. for NPDES Stormwater Management Services The City Council approved the Professional Services Agreement with Fuscoe Engineering, Inc. for NPDES Stormwater Management Services; and authorized the City Manager to approve up to three (3) additional one-year extensions.

5.K. Cooperative Agreement with City of Fullerton and City of La Habra for the Palm Street Paving Improvements, CIP 7334
The City Council approved a Cooperative Agreement with the City of Fullerton and City of La Habra for the Palm Street Paving Improvements Project; and authorized the City Manager to execute any non-monetary contract amendments and ancillary documents subsequently required to implement the Cooperative Agreement.

5.L. Acceptance of donation from Bridge Energy in the amount of $14,000 and authorize purchase of ballistic shields
The City Council accepted a donation from Bridge Energy to the Police Department in the amount of $14,000; and Authorize the City Manager to purchase two (2) ballistic shields for the Police Department.

5.M. Monthly Report of Investments for the City of Brea for Period Ended July 31, 2025 The City Council received and filed the Monthly Report of Investments for the City of Brea for Period Ended July 31, 2025.

5.N. July Outgoing Payment Log and City Disbursement Registers for July 11, 2025 , July 18, 2025, July 25, 2025, August 1, 2025, and August 8, 2025
The City Council received and filed the July Outgoing Payment Log and City Disbursement Registers for July 11, 2025, July 18, 2025, July 25, 2025, August 1, 2025, and August 8, 2025.

6. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to approve City/Successor Agency Consent Item 6A. Motion passed 4-0-1-0 (Ayes: Stewart, Hupp, Marick., Simonoff; Absent: Vargas).

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

7. ADMINISTRATIVE ANNOUNCEMENTS

7.A. City Manager
None.

7.B. City Attorney
None.

7.C. Council Requests
None.

8. COUNCIL ANNOUNCEMENTS

8.A. Council Announcements
None.

9. ADJOURNMENT

9.A. Meeting Adjournment
Mayor Stewart adjourned the General Session at 10:21 p.m.

CITYof BREA
City Council Regualr Meeting
Communication
September 16, 2025
Item No. 6B.

Annual Mills Act Compliance Report

TO PREPARED BY
Honorable Mayor and City Council Members Esteban Rubiano, Assistant Planner

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director
Kristin Griffith, City Manager

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

1. Receive and file the annual Mills Act compliance report.

BACKGROUND/DISCUSSION
Mills Act Program
The Mills Act, established in 1972 by the State Legislature, provides an economic incentive to encourage homeowners to preserve and rehabilitate historic properties. The City adopted its own program in 1999 by adopting Resolution No. 99-85 (Attachment A), which allows owners of designated historic resources to enter into contracts with the City in exchange for reduced property taxes. All Mills Act contracts have an initial term of ten (10) years, which is automatically renewed each year in perpetuity, resulting in a revolving 10-year contract. All future owners of Mills Act properties also must comply with the terms of the contract. In addition, each contract requires a 10-year property rehabilitation and maintenance plan, with annual compliance monitoring conducted by the City. Since the adoption of the City’s Mills Act Program in 1999, 20 contracts have been approved by the City Council.

Compliance Monitoring and Report
Per City Council direction, the Planning Division established a formal annual compliance monitoring procedure in late 2023 to confirm that the owners of Mills Act properties ("Owners") are making progress toward fulfilling the obligations of their Mills Act contracts and started implementation in January 2024. Beginning of each year, Planning staff works with Owners to obtain all necessary information and documents to verify compliance with the respective Mills Act contract, which includes submittal of a compliance report from the Owners, detailing the improvements completed in the previous calendar year. Staff reviews these reports, verifies the information provided, and follows up with Owners as necessary to confirm accuracy. This year’s compliance monitoring covers the period up to December 31, 2024.

The updated Compliance Monitoring Report, provided as Attachment B, details the current compliance status of the City's existing Mills Act contracts. Table 1 below provides a summary of the current compliance status, along with comparison with the previous compliance report year:

TABLE 1 SUMMARY OF COMPLIANCE STATUS
Compliance
Report Year
Improvements
Fully Completed In Progress Unknown(Unresponsive) TOTAL 2023
(Previous) 3 16 1 20
2024
(Current) 8 11 1 20
In current Compliance Report Year (2024), five (5) additional properties completed all required improvements, resulting in a total of eight (8) properties achieving full compliance. Several of the properties currently classified as “in progress” have already completed the majority of their required improvements and have established clear plans to reach full compliance in the coming years. Only one (1) property owner remains unresponsive, and staff continues to pursue communication while evaluating potential enforcement options. Overall, the results reflect effectiveness of the City’s monitoring efforts and demonstrate the commitment of property owners to preserving Brea’s historic resources.

Next Step
As part of the annual monitoring program, staff will continue monitoring each year to ensure ongoing compliance and the long-term preservation of properties. For those contracts nearing completion, staff will work with Owners to bring projects to full compliance. For properties already in compliance, monitoring will focus on ensuring proper maintenance of historic features. For the unresponsive Owner, staff will continue outreach while preparing to take further action if necessary.

FISCAL IMPACT
Preparation of this annual report does not have any impact on the General Fund.

Attachments
Attachment A - CC Resolution No 99-085 - Mills Act Program.pdf Attachment B - Mills Act Compliance Report.pdf
RESOLUTION NO. 99-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BREA, AUTHORIZING THE IMPLEMENTATION OF A MILLS

ACT PROGRAM IN THE CITY OF BREA AND ESTABLISHING

A POLICY FOR HISTORICAL PROPERTY PRESERVATION
AGREEMENTS ( MILLS ACT).

A. Recitals.
i) The State ofCalifornia enacted the Mills Act (California Government Code section 50820 et seq.), which authorizes cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. ii) The Historic Resource Element of the General Plan identifies the following issues related to the preservation of historic properties:
1) Historically significant structures are irreplaceable resources. Preservation should be a key consideration.
2) Active resident participation in the maintenance of the quality and character of the historic neighborhoods should be encouraged.
iii) The preservation of individual historic properties through the implementation of a Mills Act program in Brea would serve to maintain the integrity ofhistorically significant structures citywide.
iv) The preservation of historic properties in the City would have beneficial effects on economic stability and community pride, and thus promote the City's quality of life and historic significance to its citizens.
v) All legal prerequisites to the adoption of this Resolution have occurred.

Attachment A
Resolution No. 99-85
page 2
Mills Act Program
B. RESOLUTION. NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in Recitals, Part A of this Resolution.

2. The City Council hereby finds that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15061.( 3) b(of said Act; and

3. Pursuant to the provisions of California Government Code Section 50280, et seq. The City Council hereby authorizes the implementation of a Mills Act program in the City of Brea and the establishment of a policy for Historical Property Preservation Agreements (Mills Act contracts.).

4. The City Council hereby appoints the City Manager or authorized designee as the City official responsible for the coordination, processing , and execution of each historical property preservation agreement following approval of the contract by the City Council.

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

APPROVED AND ADOPTED this 19th day of October, 1999.

I, ELAINE CAPPS, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Brea held on Attachment A
Resolution No. 99-85
page 3
Mills Act Program
the T9th day of Oct. , 1999, and was finally passed at a regular meeting of the City
Council of the City ofBrea, held on the 1 Ath day of nctnhpr , 1999, by the following votes:

APES: COUNCILMEMBERS: Daucher, Moore, Vargas, Perry and Simonoff NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST:

City Clerk
LD/Docsmills act ccreso
Attachment A
Attachment B
2025 Mills Act Compliance Report Table Summary
(Compliance Report Year 2024)
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
1 101 S. Redwood
Ave.
1999 1) Interior French door from living room to the front room 2) New "casement" French windows, per set of 5 in front and south side; crank/vinyl with grids and dual glazed
3) Ceramic tile, rear bathroom
4) Replace grey carpet in dining, living room, and front room 5) Add laminate planks in kitchen and laundry room
6) Paint exterior trim on windows
7) Paint exterior house, “main” color
None Complete
2 107 S. Redwood
Ave.
1999 1) Replace tile kitchen floor
2) Tile the bathroom floor
3) Repaint house and garage
4) Additional landscaping in the front
5) Floor insulation
6) Add/replace patio
7) Brick walkway (sidewalk to house)
8) Add/replace trees in backyard
9) Brick walkway from the house to garage
10) Paint exterior
Items 1, 3, & 8 In Progress
3 114 S. Redwood
Ave.
1999 1) Hedge on south side of fence in the backyard
2) Fig vine on north side fence in the backyard
3) Paint exterior
4) Reroof
5) Refinish hardwood floors in living room and hallway
6) Patio cover
7) Floor insulation
Item 4 In Progress
2 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
4 121 S. Redwood
Ave.
1999 1) General maintenance and repairs to structure and property, including paint and landscaping
2) Landscaping all of the back and side yard, including fencing and concrete walkways
3) New rear porch deck
None Complete
5 258 S. Redwood
Ave.
2001 1) 3 car garage with 2nd story rental
2) Pour slab and foundation, build rear fence and gate with access to the alley
3) Replace fencing running East and West on both sides
4) Remove carpet in dining room and refinish wood planked floor to original condition
5) Remove and strip all hardware of paint and reinstall (hinges, door knobs, cabinets, cabinet locks)
6) Strip woodwork and doors of lead paint/refinish
7) Install tile above shower stall
8) Complete backyard landscaping with sod, sprinklers, concrete walkway to the garage, strip exterior paint
9) Replace all 3 entrance doors
10) Provide access from sunroom to judge room
11) Building window seating and bookcase in sunroom
12) Strip all headboards, drawers, hardware on pass through in dining room and kitchen to restore to original condition 13) Custom build Victorian like screen doors (all 3 doors) 14) Build deck in rear off kitchen stoop
15) Insulate attic and install fans
16) Replace existing carpet with area rugs
Item 10 In progress
3 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
6 126 S. Redwood
Ave.
2003 1) Subterranean garage
2) Repaint house
3) Refinish hardwood floors
4) Replace garage doors in-kind
5) Back patio cover by garage
6) Replace 1/2 of siding in-kind-other
7) Landscaping maintenance
None Complete
7 401 S. Walnut Ave. 2003 1) Replace the back bath tub and tile 2) Replace floor and tiles
3) Replace kitchen sink and tile
4) Replace under sink floor tile
5) Replace N gate and accessible to walkway
6) Replace porch wood flooring
7) Replace siding at the front and rebuild posts
8) Replace 50% of S fence
9) Replace sprinkler system and drains
10) Re-sod backyard
11) Repaint interior
12) Repour patio with proper drainage
13) Replace knob and tube wiring
14) Extermination for termites and repair any damages
15) Paint exterior of the house and garage
16) Retrofit the house
17) Replace roof of house and garage
Items 10, 13, 15 &
16 In Progress
4 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
8 418 Sievers Ave. 2008 1) Exterior painting
2) Redo wood flooring
3) Replace garage door and opener
4) Kitchen remodel
5) Bathroom remodel
6) Remove acoustic ceilings
7) Landscape front yard and install sprinklers
8) Landscape backyard and install sprinklers
9) Install crown molding
10) Copper plumbing
11) Rewire entire house
12) Vinyl fencing
13) New electrical
Items 7 & 8 In Progress
9 120 S. Redwood
Ave.
2008 1) Paint and repair exterior
2) Tree maintenance
3) Back stair repair
4) Electrical run to front
None Complete
10 335 S. Flower Ave. 2009 1) Remodel kitchen
2) Remodel & repair upstairs bathroom
3) Paint exterior
4) Garage plumbing
5) Backyard patio cover
6) Patio for the rear driveway
Item 4 In Progress
5 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
11 127 S. Redwood
Ave.
2009 1) Complete window repair
2) Repair steps, walkways
3) Interior paint and wall repair
4) Exterior wood siding paint and repair
5) Termite inspection and treatment
6) Replace knob and tube electrical wiring
7) Exterior wood siding paint and repair
8) Interior wall repair and paint
9) Repair/replace roof
Item 2 In Progress
12 533 S. Walnut Ave 2010 1) Restore bathroom
2) Termite treatment
3) Repair roof
4) Electrical update
5) Repair fence surrounding property
6) Replace crown molding
7) Repair stucco and repaint exterior
8) Plumbing update – interior pipes
9) Central air
10) Insulation
Unknown Nonresponsive
13 406 S. Madrona
Ave.
2013 1) Landscape the front yard
2) Exterior paint for primary residence
3) Replace N fencing
4) Replace concrete pad to alley access
5) Repair garage
6) Replace S fencing
7) Replace rear E fencing
8) Interior paint for primary residence
9) Exterior paint for primary residence
10) Upgrade electrical
None Complete
6 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
14 412 S. Madrona
Ave.
2013 1) Exterior paint of the primary residence
2) Replace concrete driveway
3) New roof
4) Replace chimney
5) Living room renovation
6) Paint exterior of the primary residence
7) Bathroom remodel
8) Landscape to drought tolerant flora
9) Upgrade plumbing and sewer lines
10) Paint interior of the primary residence
None Complete
15 420 Sievers Ave. 2013 1) Bolt house to foundation
2) Landscaping
3) Rehab floors
4) Demo and replace driveway
5) Update electrical
6) Redo old systems (phone, gas, water heater)
7) Rain gutters
8) Window coverings
9) Complete fencing
Items 2, 3 & 4 In Progress
16 548 S. Walnut Ave. 2013 1) Termite treatment and repair termite damage 2) Build a new shade structure on S side
3) Installs plants in the backyard
4) Repair muntin on front windows
5) Bathroom in original section of home updated
6) Exterior
7) Interior paint
8) Front door replacement with door compatible to period None Complete
7 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
17 440 S. Madrona
Ave.
2014 1) Improve front porch structure
2) Replace aluminum windows
3) Improve landscaping and sprinklers
4) Tree removal
5) Update kitchen
6) Miscellaneous repairs and wood exterior
7) Update single garage
None Complete
18 909 E. Elm St. 2016 1) Restore functionality of the front door 2) Retexture master walls and bath to match the house
3) Replace garage door to an electric
4) Install functional brick walk-way in front yard landscape front yard
5) Redesign kitchen and bar area
6) Repair backyard fence and return it to original path 7) Install gate in backyard fence
8) Replace windows to functionality
9) Paint exterior to original off-white
10) Replace fireplace hearth and mantel similar to original 11) Replace air conditioner
12) Landscape front yard
13) Repair concrete cracks around pool
Items 10 & 13 In Progress
8 | Page
Address Contract
Year
Rehabilitation Plan
Improvements
Remaining
Improvements
Items
Status
19 321 S. Madrona
Ave.
2023 1) Foundation - correct soil levels and drainage paths, install foundation anchors, brace cripple walls, install floor system tie down, reinforce vertical cracks, and install piers
2) Drainage - regrade, compact, and install new concrete slabs 3) Electrical - updating electrical to be code compliant and removing live knob and tube wiring
4) Window and Door Repair and Restoration - lubricate jambs, square, and repair pulley for original exterior appearance, original function, and historical character
5) Exterior Siding and Paint - repair damaged wood, power wash exterior, prime and paint for original exterior appearance and historical character
6) Attic Framing and Insulation - install new floor joist between existing and remove/replace hazardous insulation
Items 2 through 6 In Progress
20 315 S. Flower Ave. 2023 1) Historical Marker at front of home, Doorbell and Chime, Gutters, Prune Trees
2) Paint exterior of home, repair wood trim on east and south bay windows, repair water damage
3) Fireplace – repair and replace up to Code
4) Fencing
5) Flagstone on front porch
6) Prune trees, replace upstairs windows
7) Replace downstairs windows
8) Garage door restore to original wood door
9) Paint exterior home
10) Hardwood floors to be refinished throughout home
Items 2 through10 In Progress
CITYof BREA
Communication
September 16, 2025
Item No. 6C.

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

TO PREPARED BY
Honorable Mayor and City Council Members Bryan Hong, Assistant City Engineer

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Michael Ho, Public Works Director Kristin Griffith, City Manager

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

1. Approve the Encroachment, Maintenance, and Restoration Agreement for Main Event at 245 W. Birch St.;

2. Authorize the City Manager to execute the Encroachment, Maintenance, and Restoration Agreement and any non-monetary contract amendments and ancillary documents required for implementation of the Encroachment, Maintenance, and Restoration Agreement; and

3. Authorize the City Clerk to record the Encroachment, Maintenance, and Restoration Agreement.

BACKGROUND/DISCUSSION
On May 13, 2025, the Planning Commission approved Plan Review Number PR 2025-01 to construct building facade improvements for a new indoor recreational facility, Main Event, located at 245 W. Birch St. (see Attachment A for location map). At the same meeting, the Planning Commission also approved Conditional Use Permit No. 2025-02 to allow on-site sale and consumption of beer, wine and distilled spirits in conjunction with a restaurant and Conditional Use Permit No. 2025-03 to establish a comprehensive sign program for the proposed facility. Plan Review Number PR 2025-01 included a Condition of Approval for the Applicant to enter into an Encroachment, Maintenance, and Restoration Agreement (Agreement) for all proposed private improvements located within the City's public right-of-way. The proposed private improvements include a grease interceptor and associated sewer infrastructure, a rotating sign and pole, and existing canopies that encroach into the City's right-of-way. See Attachment B for exhibits showing the proposed private improvements.

The proposed improvements were subsequently reviewed and approved by City staff under corresponding building permits, with the condition that the Applicant enters into the Agreement. The Applicant desires to enter into the Agreement to implement the aforementioned Condition of Approval for the project. This Agreement serves to identify the rights and obligations of the Applicant concerning the installation, maintenance, and repair of the proposed private improvements, as well as the City's rights to access its sidewalk, facilities, and right-of-way for repair, maintenance, and other municipal purposes. See Attachment C for the Agreement the Applicant has executed. The City Attorney and Engineering Division staff have reviewed and approved to form of this Agreement.

The Agreement requires that the Applicant provide a removal and restoration of improvements bond of $46,094.50.

FISCAL IMPACT/SUMMARY
There is no impact to the General Fund resulting from acceptance of this Agreement.

Attachments
Attachment A - Location Map.pdf
Attachment B - Exhibits.pdf
Attachment C - Agreement.pdf
Attachment A
Location Map Main Event
E
S
S
S
NORTH
3801 UNIVERSITY AVENUE, SUITE 300
RIVERSIDE, CA. 92501

CITYof BREA
City Council Regular Meeting
Communication
September 16, 2025
Item No. 6D.

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

TO PREPARED BY
Honorable Mayor and City Council Members Randy Hornsby, IT Manager

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Monica Lo, Administrative Services Director Kristin Griffith, City Manager

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

1. Authorize the City’s Procurement & Contracts Administrator to provide a Purchase Order for the purchase of Mobile Data Computers (MDCs), modems, and peripherals for the Police Department.

2. Authorize the City Manager to sign the Professional Services Agreement with Motorola Solutions for $522,924.75.

BACKGROUND/DISCUSSION
The City conducts a computer replacement assessment every four (4) years to ensure equipment is up to date, cybersecurity standards are met, and future upgrades are properly planned. The most recent assessment, delayed by two (2) years due to COVID-19, revealed that the police department's MDCs are incompatible with Windows 11. With Microsoft ending support for Windows 10 on October 14, 2025, continuing to operate on this platform will pose significant security risks to both the City and the Police Department.

Upgrading to Windows 11 is essential to maintaining a secure and efficient technology infrastructure, while also aligning with modern productivity standards. Key benefits of this upgrade include:

Performance Enhancements - Windows 11 is optimized to prioritize foreground applications while minimizing background processes, resulting in improved performance – especially on devices with limited RAM and CPU resources. It also supports advanced graphics capabilities through DirectX 12 Ultimate, enabling smoother visuals and higher frame rates.

Enhanced Security – The operating system introduces robust security features, including Trusted Platform Module (TPM) support, UEFI Secure Boot, and virtualization-based security. These enhancements help protect systems against modern threats and align with industry best practices for endpoint protection.

Productivity Improvements – Windows 11 offers a streamlined user interface designed to enhance productivity. Key features include a centered taskbar, a universal mute button, and the ability to support multiple desktop instances for task separation. It also includes real-time live captions for video content, enhancing accessibility.

Collaboration and Compatibility – With Microsoft Teams integrated directly into the taskbar, Windows 11 simplifies communication and collaboration across departments, enabling more efficient workflows and seamless connectivity.

As part of the adopted Fiscal Years 2025-27 biennial budget, City Council approved a decision package to replace 78 laptops, 44 modems, and 26 docking station mounts for Police Department staff.

To implement this project, the City solicited three quotes for the specialized services required:

Vendor Quote Amount
Motorola Solutions $522,924.75
COMMLine inc. $820,416.37
DuraTech USA, Inc. $613,233.14
Motorola Solutions was selected based on its competitive pricing and its established familiarity with the Police Department's Computer-Aided Dispatch (CAD) application, ensuring a smoother integration and deployment process.

FISCAL IMPACT/SUMMARY
The City is requesting Council approval to purchase 78 laptops, 44 modems, and 26 docking station mounts for Police Department staff. The total project cost is $522,924.75, representing the lowest bid among three vendors.

Motorola Solutions also provides the Police Department's Computer-Aided Dispatch and Records Management System software, ensuring compatibility and streamlined implementation.

This amount reflects a savings of $150,000 compared to the originally estimated budget. Funding for these purchases has already been appropriated in the current fiscal year and therefore, there will be no additional impact on the City’s budget
Attachments
Motorola Solutions Professtional Services Agreement No. 2025.07.16.171.pdf Motorola Quote.pdf
COMMLine inc Quote.pdf
DuraTech USA, Inc Quote.pdf
Brea-master agreement-Motorola-whole.pdf
Agreement No. 2025.07.16.171
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated day, , 2025 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Motorola Solutions a Service Provider ("Service Provider").

RECITALS
A. Along with purchasing the desired equipment through the Service Provider. The City desires to retain Service Provider as an independent contractor to provide the following Professional Services: Install Docking Stations, CradlePoint Routers, and Antenna in Police Department Vehicles for Administrative Services. 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.

Service Provider 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”). Exhibit A consists of the document entitled “Quote and Purchase Addendum” dated July 9, 2025.

2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the payment milestones set forth in the Fee Schedule in Exhibit A, hereto.

B. In no event shall the total amount paid for the Services exceed the all-inclusive lump sum of $522,924.75 . This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Service Provider in performing the Services. Service Provider shall be deemed to have made all inquiries and site inspections deemed necessary by Service Provider 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. Service Provider’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Subject to the payment milestones in the Fee Schedule.

3. Additional Work.

This Agreement does not include any contingency or additional work. Any additional work performed by Service Provider without a written amendment or approval of the City shall be deemed to be work included within the Services.

4. Term.
1 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 A. The term of this Agreement shall commence upon mutual execution (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of and final payment for the Services.

5. Time of Performance.

A. Service Provider 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. Service Provider’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 shall be maintained by Service Provider and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.

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. Service Provider shall comply with all applicable laws including Cal/OSHA requirements.

B. Service Provider shall obtain a City of Brea business license.

Service Provider shall comply with all applicable provisions included in the attached Special Provisions Section.

Assignment and Subcontracting. (REFER TO MASTER AGREEMENT) Independent Contractor.

A. Service Provider is retained as an independent contractor and is not an employee of City.

No employee or agent of Service Provider is or shall become an employee of City.

B. Service Provider will determine the means, methods, and details by which Service Provider’s personnel will perform the Services. Service Provider shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
2 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 C. Service Provider’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Service Provider’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Service Provider shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Service Provider’s personnel require to perform the Services. Except where the Scope of Services expressly provide otherwise, Service Provider shall perform the Services off of City premises at locations of Service Provider’s choice, except as otherwise may from time to time be necessary in order for Service Provider’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations.

City may make a computer available to Service Provider from time to time for Service Provider’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Service Provider shall be responsible for and pay all wages, salaries, benefits and other amounts due to Service Provider’s personnel in connection with the Services Service Provider 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. Service Provider 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.

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. Service Provider agrees that, in providing its employees and any other personnel to City to perform the Services, Service Provider 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, Service Provider 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.

Insurance. (REFER TO MASTER AGREEMENT)
Indemnification. (REFER TO MASTER AGREEMENT)

14. Laws and Venue. (REFER TO MASTER AGREEMENT)
Termination. (REFER TO MASTER AGREEMENT)
Ownership of Work Product. (REFER TO MASTER AGREEMENT)
Data Security. (REFER TO MASTER AGREEMENT)
Party Representatives.

City hereby designates Randy Hornsby, or such person’s designee, as the City Representative for this Agreement.

Service Provider hereby designates Doug Huber, or such person’s designee, as Service Provider’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
39 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 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.

18. 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 email 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 Service Provider
City of Brea Motorola Solutions
1 Civic Center Circle 5483 Derby Lane
Brea, CA 92821 United Stansbury Park, UT 84074
States USA
Randy Hornsby Tally Gochis
[email protected] [email protected] (714) 990-7263 (435) 840-0198

20.Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 21.Conflicts of Interest.

A. Service Provider 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. Service Provider certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Service Provider 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. Service Provider 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 Service Provider in connection with the performance of the Services, to assist City in affirming compliance with this Section.

C. Service Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Service Provider, to solicit or secure this Agreement. Further, Service Provider 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 Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Service Provider 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 present or anticipated material benefit arising therefrom. 10 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 Severability. (REFER TO MASTER AGREEMENT)
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.

Non-Waiver. (REFER TO MASTER AGREEMENT)
Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Service Provider's.

City reserves its right to employ other Service Provider'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. (REFER TO MASTER AGREEMENT)
11 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 [SIGNATURES ON FOLLOWING PAGE]
12 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 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.

Motorola Solutions
By: _____________________________________ By:

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 Attest (if over $50,000)
By: ____________________________________ By: ____________________ Kristin Griffith Victoria Popescu
City Manager City Clerk
[email protected] [email protected] Date Signed: _____________________________ Date Signed: ____________________________ 13 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5

SPECIAL PROVISIONS
No Special Provisions required for this Agreement.
14 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5

EXHIBIT A

SCOPE OF SERVICES AND FEE SCHEDULE
(Service Provider's proposal attached)
15 Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 Quote and Purchase Addendum
Quoted Date: July 9, 2025 Quote Number: 1378657
Quote Expiration: December 15, 2025 Prepared By: Tally Gochis Services Include
Project Management and Installation – Motorola Solutions will assign a Flex Project Manager as the agency’s single point of contact. This individual will coordinate Motorola's expert staff as needed to ensure a smooth upgrade transition.

Included in Quote
Getac S510 MDTs
MDT Accessories & Services
Cradlepoint Routers
Installation
Project Management ($360.00)
Package Quote
$496,219.01
*Sales Tax Not Included
Pricing Breakdown
Hardware and Services (without taxes) $496,219.01

7.75% Tax Rate on Hardware $26,705.74
Total Amount with Taxes Included $522,924.75
Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 Product and Services Description
Part# MFG Part# Vendor
Name Description Qty Ext. Price
GET-SU573CFASSCX SU573CFASSCX GETAC
S510 - Intel Core Ultra 7 155U Processor + Thunderbolt 4 x 2, 15.6 + Windows Hello Webcam, Microsoft Windows
11 Pro x64 with 32GB RAM + TAA, 512GB PCIe SSD (Main
storage, user swappable), Sunlight Readable (Full HD LCD + Touchscreen + Stylus) + HF RFID, US KBD + US Power
Cord, Membrane Backlit KBD, WIFI + BT + 5G Sub-6 w/
dedicated GPS + Passthrough, Battery x 2, Without any
extra option, 3 Year Limited Warranty
79 $305,505.64
GET-GE-SVSRNFX5Y GE-SVSRNFX5Y GETAC ( Bumper to Bumper )+ Extended Warranty- Semi-Rug Laptop (Year 1,2,3,4 & 5) 79 $45,743.29
GET-5433GA890501 5433GA890501 GETAC
S510 - Gamber Johnson, 7160-1929-00, Vehicle Dock
with port replication, with screen support (ex. vehicle adapter)
31 $18,743.06
GET-GDDSU2 GDDSU2 GETAC Getac DS100 USB-C Docking Station w/135 W AC Adaptor(US) 41 $6,732.52
GET-5653GB550005 5653GB550005 GETAC
Getac Essentials, Monitoring, Cloud-Based, SelfManaged, 5 Year, Per Device (No Uploading of Personal Data of Any Kind)
79 $10,175.12
GET-GE-SVSYHDM1L GESVSYHDM1L GETAC Initial Disk Imaging - Per Unit (qty needs to match # of computers ordered) 79 $2,486.20
GET-GE-SVSYHDS1D GE-SVSYHDS1D GETAC Disk Imaging Consulting Service - Per Day (5 days required) 5 $9,618.29
GE-GJGPESP5Y GE-GJGPESP5Y GETAC
Extended Service Plan - Gamber Johnson, for Getac S410
(Year 1 - 5) - Gamber Johnson, GJ ESP2, Extended Service Plan, 5, Years
31 $5,028.39
GET-590GBL000515 590GBL000515 GETAC LIND, GE1963-5322, 120W DC/DC Adapter 33 $5,384.01 GET-590GBL001564 590GBL001564 GETAC CradlePoint R980, MB03-R980-5GD-A, 5G-Global 3 year NetCloud Mobile Essentials 31 $38,888.32
GET-590GBL001565 590GBL001565 GETAC
Panorama Mako Dome kit, LG-IN2445, L G M H M4 B -6-
60 -24-58 , 4 4 MiMo 4G/5G, up to 6 6 MiMo WiFi +
GPS/GNSS Vehicle Antenna
23 $8,225.28
GET-GTC-MBBREAPDFD GTCMBBREAPDFD GETAC
Mobility Brothers Installation: Brea Police and Fire
department project including dock swap, power
installation/wiring. Cradlepoint installation; includes travel and lodging expenses; per vehicle charge
23 $29,179.50
GET-GTC-MBBREAPDFD GTCMBBREAPDFD GETAC
Mobility Brothers Installation: Brea Police and Fire
department project including dock swap, power
installation/wiring, antenna installation; includes travel and lodging expenses; per vehicle charge.
8 $10,149.39
Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 Payment Terms
Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Motorola reserves the right to make partial shipments of equipment and invoice for partial shipment. Overdue invoices will bear simple interest at the maximum allowable rate.

Motorola Solutions will use the following major milestones of the project for financial billing:

1. 50% of the Contract Price due upon Contract Execution (due upon effective date); and

2. 50% of the Contract Price due upon Final Acceptance.

Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.

The Customer’s signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein.

Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

Inflation Adjustment. For multi-year agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S. Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPIU). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).

Due to significant market and tariff volatility, as well as fluctuations in the cost of energy and raw materials including, but not limited to, steel, copper, finished wood, and concrete, Motorola Solutions reserves the right to equitably adjust the contract price, completion schedule, and/or Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 contract requirements. Additionally, Motorola Solutions reserves the right to apply a fuel surcharge to quoted freight rates based on the prevailing diesel cost at the time of shipment.

Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.

Party Representatives.

City hereby designates Randy Hornsby, or such person’s designee, as the City Representative for this Agreement.

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.

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: Service Provider:

City of Brea Motorola Solutions, Inc.
1 Civic Center Circle 5483 Derby Lane
Brea, CA 92821 Stansbury Park, UT 84074
Randy Hornsby Tally Gochis
[email protected] [email protected] (714) 990-7263 (435) 840-0198
Brea Police Department
Customer Name Authorized Signature
Date Print Name and Title
Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5 Bill To Address Ship To Address
Docusign Envelope ID: BBA93525-6081-4940-9C1E-54FC7F59D0D5

Page 1 ends

Brea City CouncilSeptember 16, 2025

Brea City Council
September 16, 2025