Agenda packet — Brea City Council, August 18, 2026 (part 4 of 4)

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Account Summary
Maturity Distribution
Top Issuers
Credit Quality*
Average Modified Duration 0.00
Average Coupon 3.84%
Average Purchase YTM 3.85%
Average Market YTM 3.85%
Average Credit Quality* AAA
Average Final Maturity 0.00
Average Life 0.00
End Values as of
06/30/2026
End Values as of
07/31/2026
Market Value 943,589.95 947,228.46
Accrued Interest 0.00 0.00
Total Market Value 943,589.95 947,228.46
Income Earned 0.00 9,124.27
Cont/WD 0.00 0.00
Par 943,589.95 947,228.46
Book Value 943,589.95 947,228.46
Cost Value 943,589.95 947,228.46
LAIF 99.64%
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.

ATTACHMENT A

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RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2026)
Beginning Book Value 943,589.95 943,589.95
Maturities/Calls 0.00 0.00
Principal Paydowns 0.00 0.00
Purchases 9,124.27 9,124.27
Sales 0.00 0.00
Change in Cash, Payables, Receivables (5,485.76) (5,485.76) Amortization/Accretion 0.00 0.00
Realized Gain (Loss) 0.00 0.00
Ending Book Value 947,228.46 947,228.46
Month to Date Fiscal Year to Date
(07/01/2026)
Beginning Market Value 943,589.95 943,589.95
Maturities/Calls 0.00 0.00
Principal Paydowns 0.00 0.00
Purchases 9,124.27 9,124.27
Sales 0.00 0.00
Change in Cash, Payables, Receivables (5,485.76) (5,485.76) Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) 0.00 0.00
Realized Gain (Loss) 0.00 0.00
Ending Market Value 947,228.46 947,228.46
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date 0.00
Principal Paydowns
Month to Date 0.00
Fiscal Year to Date 0.00
Purchases
Month to Date 9,124.27
Fiscal Year to Date 9,124.27
Sales
Month to Date 0.00
Fiscal Year to Date 0.00
Interest Received
Month to Date 9,124.27
Fiscal Year to Date 9,124.27
Purchased / Sold Interest
Month to Date 0.00
Fiscal Year to Date 0.00

ATTACHMENT A

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HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 3,407.89 -- 3,407.89
3,407.89

1.00 3,407.89

0.00 0.36%

0.00 Aaa/AAA
AAA

0.00 0.00
Total Cash 3,407.89
3,407.89
3,407.89

1.00 3,407.89

0.00 0.36%

0.00 0.00

0.00 LAIF
90LAIF$00 Local Agency Investment Fund
State Pool 943,820.57 --3.85%
943,820.57
943,820.57

1.00 3.85%
943,820.57

0.00 99.64%

0.00 NA/NA
NA

0.00 0.00
Total LAIF 943,820.57 3.85%
943,820.57
943,820.57

1.00 3.85%
943,820.57

0.00 99.64%

0.00 0.00

0.00 Total Portfolio 947,228.46 3.85%
947,228.46
947,228.46

1.00 3.85%
947,228.46

0.00 100.00%

0.00 0.00

0.00 Total Market Value
+ Accrued 947,228.46

ATTACHMENT A

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TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price
Acq/
Disp
Yield
Amount Interest Pur/
Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 07/15/2026 90LAIF$00 9,124.27
Local Agency
Investment Fund State
Pool

1.000 3.84% (9,124.27) 0.00 (9,124.27) 0.00
Total Purchase 9,124.27 (9,124.27) 0.00 (9,124.27) 0.00 TOTAL
ACQUISITIONS 9,124.27 (9,124.27) 0.00 (9,124.27) 0.00
OTHER

TRANSACTIONS
Dividend 07/15/2026 90LAIF$00 0.00
Local Agency
Investment Fund State
Pool

3.84% 230.62 0.00 230.62 0.00
Total Dividend 0.00 230.62 0.00 230.62 0.00

TOTAL OTHER
TRANSACTIONS 0.00 230.62 0.00 230.62 0.00

ATTACHMENT A

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INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

CASH & EQUIVALENTS
CCYUSD Receivable
3,407.89
8,893.65

0.00 0.00
3,407.89

0.00 0.00

0.00 Total Cash & Equivalents 3,407.89
8,893.65

0.00 0.00
3,407.89

0.00 0.00

0.00 0.00 0.00
LAIF
90LAIF$00 Local Agency Investment
Fund State Pool 943,820.57
934,696.30
9,124.27

0.00 943,820.57

0.00 9,124.27

0.00 0.00

0.00 9,124.27
9,124.27
Total LAIF 943,820.57
934,696.30
9,124.27

0.00 943,820.57

0.00 9,124.27

0.00 0.00

0.00 9,124.27 9,124.27
TOTAL PORTFOLIO 947,228.46
943,589.95
9,124.27

0.00 947,228.46

0.00 9,124.27

0.00 0.00

0.00 9,124.27 9,124.27

ATTACHMENT A

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CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount OCTOBER 2026
10/15/2026 Dividend 90LAIF$00 943,820.57 Local Agency Investment Fund State Pool 3,407.89 3,407.89 October 2026 Total 3,407.89 3,407.89
Grand Total 943,820.57 3,407.89 3,407.89

ATTACHMENT A

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IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).

To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ICE Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND

THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.

NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest.

LGIP Yields: Reported yields for local government investment pools may be presented as either the 30-day yield or the monthly distribution yield, as applicable. For certain funds, the 30-day yield is calculated using reported daily yield data. Yield calculations are subject to change and may not be directly comparable across funds.

LAIF Yields: Additional Disclosure for CA Clients - As a result of a reporting lag from the Local Agency Investment Fund (LAIF), reported LAIF yields represent the most recently available Daily Effective Yield and may reflect data from approximately 7–10 days prior to month-end.

ATTACHMENT A

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CITYofBREA
City Council Regular Meeting
Communication
August 18, 2026
Item No. 4B.

Successor Agency Disbursement Register for July 31, 2026

TO PREPARED BY
Honorable Mayor and City Council Members Victoria Torres, Accounting Technician

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

RECOMMENDATION
Staff recommends the City Council take the following action:

1. Receive and file the Successor Agency Disbursement Register.

Attachments
Successor Agency Disbursement Register 7.31.26.pdf
Successor Agency Disbursement Register
Between Jul 27, 2026 12:00 AM and Jul 31, 2026 11:59 PM Check # Vendor Name Check Date Vendor # Budget Unit Description Amount 2871 THE BANK OF NEW YORK MELLON 07/31/2026 16062 632141435 '03 ADMIN FEE 701-630 $2,565.20 THE BANK OF NEW YORK MELLON Total Check Amount: $2,565.20 Check Subtotal $2,565.20
TOTAL $2,565.20
Jul 30, 2026 1 of 1 12:17:00 AM
CITYofBREA
City Council Regular Meeting
Communication
August 18, 2026
Item No. 5A.

OCTA Enhanced Mobility for Seniors and Individuals with Disabilities Grant Application

TO PREPARED BY
Honorable Mayor and City Council Members Anthony Godoy, Senior Management Analyst

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Sean L. Matlock, Interim Community Services Director Kristin Webster, City Manager

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

1. Open and conduct a public hearing;

2. Adopt a Resolution to certify that no non-profit organizations are readily available to provide the proposed transportation services in Brea’s service area and authorize the application for funding through the Orange County Transportation Authority (OCTA) Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program;

3. Authorize the City Manager to execute any forthcoming agreements and documents required by OCTA in connection with the EMSD Grant Program; and

4. If awarded, amend the Fiscal Year 2026-27 operating budget in the amount of the approved grant funds, as well as authorize a 10% local match utilizing the Air Quality Improvement Fees Fund (240) and the Vehicle Replacement Fund (480).

BACKGROUND/DISCUSSION
The Orange County Transportation Authority (OCTA) Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program was developed to support local agencies in the delivery of Federal Transit Administration (FTA) Section 5310 eligible activities, retaining all beneficial elements of the federal program. The EMSD Grant Program offers competitive grant funding for capital (vehicles and equipment) and operating (mobility management and operating assistance) type of projects. For Brea, there has been longstanding success resulting form the FTA 5310 Grant Program, which has provided support for the transportation needs of older adults and persons with disabilities. Consistent with FTA 5310, the EMSD Grant Program is also intended to meet the transportation needs of older adults and people with disabilities when existing transportation services are unavailable, insufficient, or inappropriate to meet those needs.

The EMSD Grant Program provides funding to local public agencies to improve mobility for older adults and people with disabilities by removing barriers to transportation services and expanding transportation mobility options. This funding opportunity augments the OC Access and Senior Mobility Program, allowing OCTA to conduct a call for projects and allocate grant awards to recipients. On June 22, 2026, OCTA made a call for projects, identifying approximately $5.85M in available grant funding, with $3.2M allocated for capital related projects and $2.63M for operating projects. The total maximum funding available per grant applicant is $750,000. Recommendations for awards will occur between December 2026 and January 2027.

Staff is recommending the City apply for the EMSD grant to purchase two new shuttles for the Senior Transportation Program. As of 2024, California’s Advanced Clean Fleets (ACF) regulation requires local government fleets to ensure that 50% of all newly purchased medium-duty and heavy-duty vehicles are zero emission vehicles (ZEVs). To remain in compliance with this mandate and qualify for the grant application maximum allowable funding request limit $750,000, City staff is proposing one of the new shuttles be electric and the other shuttle gas-powered. Based on vendor cost estimates received, the purchase price for the electric shuttle is approximately $425,000, and the purchase price for the gas-powered shuttle at approximately $150,000, totaling a project cost of $575,000. If awarded, a 10% local match would be required from the City. The 10 percent match is proposed to utilize approximately $42,500 from the Air Quality Improvement Fees Fund (240) for the electric shuttle and approximately $15,000 from the Vehicle Replacement Fund (480) for the gas-powered shuttle. The total matching City commitment from the funds identified above is approximately $57,500.

During Fiscal Year 2025/2026, the Brea Senior Shuttle Service facilitated approximately 7,065 trips to and from the Senior Center and 532 shopping trips to local grocery or big-box stores. This program continues to serve as a vital mobility resource for older adults in the community, offering safe and reliable transportation to key destinations.

Staff monitors ridership, service quality, and operational needs on an ongoing basis to ensure the program remains responsive, effective, and supportive of seniors’ independence and overall well‑being.

The City of Brea’s Senior Transportation Program has benefited for many years from being an eligible recipient of donated shuttles that have been retired from service through OCTA. While this donation arrangement allows for the City to acquire no-cost shuttles, these retired vehicles present challenges that must be remedied prior to being deployed for service. Although still functional, retired shuttles typically have significant wear, both mechanically and cosmetically. These retired shuttles often have engines with odometer readings in excess 200,000 miles, requiring more ongoing maintenance and costly repairs that cannot be completed by staff mechanics. The cost of repair is absorbed in the existing fleet budget as no additional funds are allocated for retired shuttles. Repairs also create service disruptions, particularly in situations where both shuttles are out of operation at the same time. Additionally, once acquired, older shuttles must undergo extensive inspection by staff including but not limited to: general diagnostic and maintenance of motor components, transmissions, air conditioning, safety restraints, wheelchair lifts, ADA requirements, etc.

The purchase of two new shuttles for the Senior Transportation Program would ensure reliability, efficiency, improved functionality, and significantly enhance the overall quality of the transportation experience for seniors and individuals with disabilities.

COMMISSION/COMMITTEE RECOMMENDATION
This item was reviewed by the Finance Committee at the August 11, 2026, meeting and was recommended for City Council approval.

FISCAL IMPACT/SUMMARY
The EMSD Grant Program application for two new shuttles will improve the efficiency and reliability of the Senior Transportation Program while adhering to state mandates that 50% of purchased vehicles be zero-emission.

If awarded, the Vehicle Replacement Fund (480) revenue budget will need to be adjusted to recognize the grant award amount, currently estimated at $517,500.

The Air Quality Improvement Fees Fund (240) expenditure budget will need to be adjusted to account for a 10% local match for the electric shuttle, which is approximately $42,500 based on the current grant request.

The Vehicle Replacement Fund (480) expenditure budget, which is supported by the General Fund (110), will not require an adjustment as City staff will re-prioritize available funding to allow for the 10% local match for the gaspowered shuttle, which is approximately $15,000.

These estimates may be adjusted based on the official grant award amount. Ongoing costs for maintenance and fuel will be absorbed in the current operating budget as the two proposed new shuttles, which require less maintenance and are more fuel efficient, will be replacing two older shuttles in our vehicle fleet.

Attachments
EMSD Resolution.pdf
3282495.2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA

FINDING THERE ARE NO NON-PROFIT ORGANIZATIONS READILY

AVAILABLE TO PROVIDE TRANSPORTATION SERVICES TO SENIOR

CITIZENS, AND AUTHORIZING SUBMISSION OF AN EMSD GRANT

APPLICATION AND ACCEPTANCE OF GRANT FUNDS
A. RECITALS:
(i) It is the intent of the City of Brea (City) to participate in the filing of an application with the Orange County Transportation Authority (OCTA) for funding through the Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program.
(ii) The EMSD Grant Program offers funding opportunities to non-profit organizations and local public agencies to meet the special transportation needs of seniors and individuals with disabilities.
(iii) The Brea Senior Center operates a Senior Transportation Program to provide transportation services to senior citizens in the City’s service area. (iv) The City desires to make use of EMSD Grant Program funds to purchase two new vehicles for the provision of transportation services to senior citizens in the City’s service area.
(v) Pursuant to OCTA EMSD Grant Program guidelines, the City is required to hold a public hearing to determine whether there are non-profit organizations that are readily available to provide such transportation services. (vi) The City has published a notice of public hearing in a local newspaper of general circulation.
3282495.2
(vii) Following the public hearing, the City Council certifies that there are no non-profit organizations readily available to provide the proposed transportation services.

B. RESOLUTION:

NOW, THEREFORE, THE CITY COUNCIL RESOLVES, AND ORDERS AS FOLLOWS:
(i) The City of Brea finds and certifies that there are no non-profit organizations readily available to provide the proposed transportation services to seniors in its service area.
(ii) The City of Brea authorizes the Community Services Director or designee to submit and execute the application for the EMSD Grant Program and all certifications and documents required in connection with the application and to accept any grant funds awarded to the City. The City Manager is authorized to execute any contracts, agreements, and documents required by OCTA in connection with the EMSD Grant Program.

APPROVED AND ADOPTED this 18th day of August 2026.

Cecilia Hupp, Mayor
ATTEST:

Victoria Popescu, City Clerk
3282495.2
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 Council of the City of Brea, held on the 18th day of August 2026 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

Victoria Popescu, City Clerk
CITYofBREA
City Council Regular Meeting
Communication
August 18, 2026
Item No. 6A.

Ordinance to Establish Increased E-Bike Fine Amount

TO PREPARED BY
Honorable Mayor and City Council Members Chris Winger, Police Lieutenant

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

RECOMMENDATION
Staff recommends that City Council take the following actions:

1. Introduce by title only and waive further reading of Ordinance No. 1277, “An Ordinance of the City of Brea Revising Electric Mobility Device Regulations, Amending the Brea City Code, and Approving a CEQA Exemption.”

2. Adopt Resolution No. 2026-63 to establish increased fine amounts for violations of the Ordinance.

BACKGROUND/DISCUSSION
On December 3
rd, 2024, City Council adopted a comprehensive e-bike ordinance to help define, educate, operate, and enforce specific e-bike and other electric mobility device use in the City. During the June 2, 2026, City Council meeting, an e-bike update was presented to the City Council to outline the education and enforcement actions taken, and to provide collision data recorded between July, 2025 and June, 2026. Despite public outreach and education, collaborations with BOUSD, and safety classes, the Brea Police Department has seen a significant increase in violations of the e-bike ordinance and e-bike collisions.

At the June 2nd City Council meeting, City Council directed Staff to take action to increase the administrative fines for violation of the e-bike ordinance. Based thereon, Staff proposes to increase the current fine amounts to serve as a more rigorous deterrent against reckless e-bike operation. The proposed administrative fine amounts are as follows:

First Offense $250
Second Offense within 12 months $500
Third (or more) Offense within 12 months $1,000
Proposed Ordinance No. 1277 revises Section 10.46.040 of Chapter 10.46 (Electric Mobility Devices) of Title 10 (Vehicles and Traffic) of the Brea City Code by providing that administrative fine amounts shall be as established by City Council resolution. Proposed Resolution No. ______ serves to establish the foregoing administrative fine amounts, and will take effect upon Ordinance No. 1277 becoming effective.

The Ordinance and Resolution include the finding that they have been evaluated in accordance with the California Environmental Quality Act (CEQA) Guidelines and that, as it can be seen with certainty that there is no possibility that adoption of the Ordinance or Resolution may have a significant effect on the environment, their adoption is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT/SUMMARY
There is a potential increase in revenue from fines collected as a result of the increased fine amounts, which will be deposited into the General Fund.

Attachments
Brea-ordinance-e-bike fines-7-13-26.pdf
Brea-resolution-e-bike fines-7-13-26.pdf
3276936
ORDINANCE NO. __

AN ORDINANCE OF THE CITY OF BREA REVISING ELECTRIC

MOBILITY DEVICE REGULATIONS, AMENDING THE BREA CITY

CODE, AND APPROVING A CEQA EXEMPTION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

SECTION 1. Subsection “A” of Section 10.46.040 (Enforcement) of Chapter 10.46 (Electric Mobility Devices) of Title 10 (Vehicles and Traffic) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:
“A. This chapter does not prohibit any officer, in their discretion, from issuing a citation whereby the violator promises to appear in court for any violation of this Chapter or the California Vehicle Code. In the event an observed violation is not a violation of the California Vehicle Code, but is a violation of this Chapter, an administrative citation may be issued pursuant to Chapter 1.04 of this Code. The amount of administrative fines imposed for violations of this Chapter are as established by City Council resolution.” SECTION 2. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, or by any preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not deemed or declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently deemed or declared invalid or unconstitutional. 3276936
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this ________ day of ______________, 2026. _____________________________
Mayor
ATTEST: _____________________________
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 ___ day of _______________, 2026, and was finally passed at a regular meeting of the City Council of the City of Brea on the _____ day of _______________, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated: _____________________
_____________________________
City Clerk
1 3276935

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE BREA CITY COUNCIL ESTABLISHING FINE AMOUNTS FOR VIOLATION OF CHAPTER 10.46 (ELECTRIC
MOBILITY DEVICES) OF TITLE 10 OF THE BREA CITY CODE, AND

APPROVING A CEQA EXEMPTION
A. RECITALS:
(i) Section 10.46.040.A of Chapter 10.46 of Title 10 of the Brea City Code provides that administrative fines for violations of Chapter 10.46 shall be as established by resolution of the City Council.
(ii) The purpose of this Resolution is to implement the provisions of Section

10.46.040.A of the Brea City Code by establishing administrative fine amounts. (iii) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, the City Council finds, determines, and resolves as follows:

1. The facts set forth in the Recitals are true and correct.

2. Fine amounts applicable to violations of Chapter 10.46 of Title 10 of the Brea City Code are as follows:

First Offense - $250
Second Offense within 12 months - $500
Third (or more) Offense within 12 Months - $1000

3. Effective Date. This Resolution shall become effective upon the effective date of Ordinance No. _______.

4. The City Council finds and determines that there is no possibility that the adoption of this Resolution will have a significant effect on the environment. 2 3276935
Accordingly, this Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Resolution be declared invalid or unenforceable.

6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED AND ADOPTED this ____ day of_____________, 2026. _______________________________
Cecilia Hupp, Mayor
ATTEST: ________________________
Victoria Popescu, City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council, held on the _____ day of ______________, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:
3 3276935
ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

Dated:________________________________
________________________________
Victoria Popescu, City Clerk
CITYofBREA
City Council Regular Meeting
Communication
August 18, 2026
Item No. 6B.

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 Webster, City Manager

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

1. Receive and file the report.

BACKGROUND/DISCUSSION
In March of 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 to submit to the City Council an annual report that includes:

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.

These topics are addressed in the attached Annual Report on the Police Use of Military Equipment Calendar Year 2025

FISCAL IMPACT/SUMMARY
The two additional UAS systems were purchases as part of the BSCC grant for approximately $60,000.

Attachments
Annual Report on the Police Use of Military Equipment 2026.pdf Policy 705 Military Equipment.pdf
1 Annual Report on the Police Use of Military Equipment Assembly Bill 481 Report 2026
Reporting Period – Calendar Year 2025
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, 2025, through December 31, 2025.
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 Unmanned Aircraft Systems (UAS):

In 2025, the Brea Police Department (BPD) UAS team conducted approximately 1,500 flights, accumulating over 340 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 2025, the department purchased two DFR (Drone as a First Responder) UAS systems. ● DFR operations started 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 2025.

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 7 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: 8
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.

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: $96,000
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.
8 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 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. 9 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.

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
10 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 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 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
11 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 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.
12 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.

Current Inventory: 19 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 13 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
Manufacturer’s Product Description: Patrol and/or SWAT rifle chambered in 5.56 caliber.

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.

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. 14 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.

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.
15 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.

FLASHBANG GRENADES, TEAR GAS, AND PEPPER BALLS
[Government Code section 7070(c) (12)]
Item: DEFENSE TECHNOLOGY LOW ROLL II, DISTRACTION DEVICE Current Inventory: 52
Usual Inventory: 20
16 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 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.
17 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: 10
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 18 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
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: 10
19 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.

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

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. 20 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: 34
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.

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
21 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: 31
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.

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.

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; 22 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: 10
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 23 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 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. 24 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
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
25 Quantity: 2
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.

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

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. 26 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.

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.
27 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
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 @ 28 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.

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 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.
29 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.

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; 30 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
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: 600 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; 31 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 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: 37 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; 32 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 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.
33 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: 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.

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.

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:
34 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.

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.

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 35 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.

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 calendar year 2025, the Brea Police Department purchased two UAS systems.

Future Acquisition of Additional Equipment:

The Brea Police Department expects to purchase two (2) UAS systems in 2026 for use on the North County SWAT Team.
36 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 4th, 2026.

Brea PD Policy Manual
Law Enforcement Policy
Published with permission by Brea PD
Copyright Lexipol, LLC 2026/07/21, All Rights Reserved. 705
Policy
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.

Military Equipment - 1
Brea PD Policy Manual
Law Enforcement Policy
Published with permission by Brea PD
Copyright Lexipol, LLC 2026/07/21, All Rights Reserved.

Military Equipment
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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:

Acting as liaison to the City Council for matters related to the requirements of this policy.

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.

Conducting an inventory of all military equipment at least annually.

Collaborating with any allied agency that may use military equipment within the jurisdiction of Brea Police Department (Government Code § 7071).

Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

Publicizing the details of the meeting.

Preparing for public questions regarding the department's funding, acquisition, and use of equipment.

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).

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.

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.

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
Military Equipment - 2
Brea PD Policy Manual
Law Enforcement Policy
Published with permission by Brea PD
Copyright Lexipol, LLC 2026/07/21, All Rights Reserved.

Military Equipment

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6. 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:

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

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

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

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
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:

The manufacturer's description for each type of equipment.

The capabilities of each type of equipment.

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

The expected lifespan of each type of equipment.

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

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 Military Equipment - 3
Brea PD Policy Manual
Law Enforcement Policy
Published with permission by Brea PD
Copyright Lexipol, LLC 2026/07/21, All Rights Reserved.

Military Equipment
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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):

Requesting military equipment made available pursuant to 10 USC § 2576a.

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.

Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.

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.

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:

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.
705.8 COMMUNITY ENGAGEMENT
Military Equipment - 4
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Law Enforcement Policy
Published with permission by Brea PD
Copyright Lexipol, LLC 2026/07/21, All Rights Reserved.

Military Equipment
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one wellpublicized 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
Military Equipment - 5
CITYofBREA
City Council Regular Meeting
Communication
August 18, 2026
Item No. 6C.

Legal Services Agreement with Richards, Watson & Gershon (RWG)

TO PREPARED BY
Honorable Mayor and City Council Members Kristin Webster, City Manager

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

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

1. Approve a Legal Services Agreement with Richards, Watson & Gershon (RWG) to continue as City Attorney.

BACKGROUND/DISCUSSION
James Markman has served as the primary City Attorney for the City of Brea (City) and the former Brea Redevelopment Agency/Successor Agency since November 1, 1977, originally through Whelan and Markman, a Professional Law Corporation. Over the years, the Legal Services Agreement has been restated and amended multiple times. After initially contracting with James Markman as a professional corporation, the City continued receiving services through subsequent firms until 1997 when he joined Richard, Watson and Gershon (RWG). The Amended and Restated Agreement for Professional Legal Services effective July 1, 2004, is the most recent comprehensive agreement with RWG. Recently, Council Member Vargas raised the prior legal services contract for review prompting staff to conduct a further examination of historical agreements and related provisions. While staff continues to work through other details, the City desires to maintain its longstanding relationship with RWG and proceed with updating the governing agreement and compensation schedule accordingly.

The proposed 2026 Legal Services Agreement formalizes the continued relationship between the City and RWG and includes updated terms governing scope of work, compensation, and the designation of the City Attorney effective October 1, 2026, until terminated by either party. It is the City’s intent to review the contract after one year.

Under the Agreement, RWG will continue providing comprehensive legal services as directed by the City Council through the City Manager. Core services include:

Attendance at City Council meetings
Legal research and advice to the City Council, City Manager, and designated staff Preparation and review of ordinances, resolutions, and agreements Representation in claims and litigation
Oversight of outside counsel
Performance of all duties of the City Attorney as required by law and the Brea City Code Legal services for entities created by the City Council Regular availability for in-person consultation at City Hall Any other legal services as directed
The Compensation Rate Schedule (Exhibit A) establishes the hourly rates for General Services, Special Services, Litigation Services, Third-Party Reimbursed Services, and Paralegal Services. Rates increase annually beginning July 1, 2029, based on Consumer Price Index increases. Travel time is billed at applicable service rates except for City Council and Planning Commission meetings, for which no travel time is charged.

A survey of seven (7) cities was conducted and the rates for general legal services were found to be comparable to RWG’s hourly rate of $235.

FISCAL IMPACT/SUMMARY
There is no additional fiscal impact to the General Fund. Costs for legal services have already been appropriated in the adopted FY 2026-27 budget. Staff will continue to monitor expenditures and return to the City Council should any unforeseen fiscal impacts arise during the fiscal year.

Attachments
RWG Legal Services Agreement
RWG Legal Services Agreement - Redline
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LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT dated August 18, 2026 for reference purposes and is executed by the City of Brea and the Successor Agency to the Brea Redevelopment Agency (
. R E C I T A L S
A. This Agreement is made with respect to the following purposes and facts that each party agrees are true and correct:

B. RWG provides legal services for the City of Brea pursuant to a July 1, 2004 Amended 2004 City Agreement was amended in 2005, 2007, 2010, 2013, 2016, 2017, 2018, and 2019.

C. RWG provides legal services for the Successor Agency to the Brea Redevelopment and 2019.

D. City desires to have RWG continue to provide legal services, and RWG has agreed to provide such services, pursuant to this Agreement including an updated Compensation Rate Schedule.

NOW, THEREFORE, the parties agree as follows:

1. Scope of Work. RWG is appointed as City Attorney pursuant to Government Code Section 36505 and shall have the authority of that office. RWG shall discharge the duties of the office of City Attorney and shall provide all legal services to the City of the kind and nature typically provided by an in-house City Attorne
specifically exempted by this Agreement or otherwise determined by the City Manager or City Council. RWG shall perform all legal services for City as directed by the City Council through the City Manager, except as provided in Section 6 below with respect to conflicts. Legal services shall include the following:

A. Attendance at City Council meetings.

B. Legal research and legal advice to the City Council, City Manager, and designated staff.

C. Preparation and review of ordinances, resolutions, and agreements as requested.

D. Representation of City, City officials, and employees in claims and litigation filed by or against City as requested.

E. Oversight of legal matters handled by outside counsel. .\45200196.1
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F. Performance of the duties and exercise of the authority of a city attorney as provided in the Government Code, other statutes, and the Brea City Code.

G. Legal services for entities created by the City Council.

H. At least two days per week, the designated City Attorney, designated Senior -in
I. Such other legal services as may be directed by the City Council or City Manager from time to time.

2. Term. A. This Agreement shall commence as of October 1, 2026 and on that date, supersedes the 2004 City Agreement (as amended) and the 2004 RDA Agreement (as amended), both of which shall be of no further force or effect. This Agreement shall continue in effect until terminated by either party and shall be reviewed by the parties after one year.

B. RWG may terminate this Agreement at any time, with or without cause, on 30 written notice to the City. In the event of termination, RWG shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship, shall assist City in transition to a new firm, and shall be compensated for such assistance at the rates provided for in this Agreement.

C. City may terminate this Agreement at any time, with or without cause, on 30 In the event of such termination, RWG shall be paid for all Services authorized by City and performed up through and including the effective date of termination.

3. Designation of City Attorney. The RWG attorney who shall serve as City Attorney for City shall be designated by City Council resolution or minute order. The City Attorney will be the primary contact for the City Council and staff. Other RWG attorneys will be assigned to work on legal matters for - the supervision of the City Attorney.

4. Annual Performance Evaluation. City and RWG agree that an annual performance evaluation of the designated City Attorney and RWG services shall be conducted by the City Council. The annual performance evaluation shall be coordinated by the City Manager and may

5. Compensation Rates and Annual Inflationary Adjustment. RWG shall be compensated for the performance of legal services in accordance with the Compensation Rate Schedule for City of Brea
Exhibit A and incorporated herein as though set forth in full. The Compensation Rate Schedule shall be adjusted annually at the times and by the formula specified in Exhibit A. .\45200196.1
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6. Conflicts of Interest and Attorney-Client Privilege. A. RWG shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving City and matters upon which RWG is providing legal services. RWG shall not reveal confidential information of City except with the consent of the City Council or as otherwise required by law. RWG shall notify the City Manager of any conflict of interest related to matters upon which it is providing legal services upon discovery of any such conflicts. In the event that such conflict cannot be waived or resolved, City shall retain legal counsel and RWG shall assist and cooperate with legal counsel retained by the City Council on the matter for which the conflict arose, to the extent permitted by law and professional ethics rules.

B. Confidential communication between City and RWG shall be covered by the attorney-client privilege. As used in this subsection
information transmitted between City and RWG in the course of the relationship covered by this Agreement and in confidence by a means that, so far as City is aware, discloses the information to no third persons other than those who are present to further the interests of City in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which RWG is consulted, and includes any legal opinion formed and advice given by RWG in the course of this attorney-client relationship.

7. Client Files. A. At the conclusion of this Agreement, the original client files for the work performed under this Agreement for City shall be made available to City. RWG will be entitled to make copies of the client files. At the conclusion of this Agreement (whether or not City takes possession of the client files), City shall take possession of any and all original contracts, and other such important documents that may be in the client files and RWG shall have no further responsibility with regard to such documents.

B. If City does not take possession of the client files at the conclusion of the Agreement, RWG shall store such client files for one year. At the conclusion of such period, shall have 60 days from the date of such notice to take possession of the client files. If City does not take possession of the client files during that time, City agrees that RWG may dispose of the client files without further notice.

C. This section shall survive termination of this Agreement.

8. Insurance. A. Coverage Levels. RWG shall maintain at all times during the term of this Agreement policies of insurance with at least the minimum coverage specified below:
1) General liability insurance coverage with a minimum limit of liability of $1,000,000 per occurrence and $2,000,000 in the general aggregate. .\45200196.1
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2) Professional liability coverage with a minimum limit of liability of $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, providing coverage for damages or losses suffered by City as a result of wrongful errors or omissions or neglect by RWG that arises out of the professional services required by this Agreement. Such insurance may be subject to reasonable terms, limitations and conditions and a self-insured retention or deductible to be borne entirely by RWG, which shall not exceed $250,000 per claim. 3) Automobile liability insurance for non-owned automobiles in an amount of not less than $1,000,000.
4)
B. Prerequisites. The general liability and the automobile liability policies of insurance specified above shall:
1) Name the City Council of the City of Brea, its officers, agents and employees as additional insureds.
2) Provide minimum 30-days notice of cancellation, such notice to be provided by insurer, except for non-payment of premium for which 10 days notice shall be provided by insurer.
3) Be maintained in full force and effect throughout the term of this Agreement.
4) Be placed with insurance carriers authorized to transact business in California with an A.M. Best rating of no less than A-:VII or otherwise acceptable to City.

9. Independent Contractor. No employment relationship is created by this Agreement.

RWG shall be an independent contractor of City, except that at all times providing services under this s. Neither
City, nor any of its employees or officers, shall have any control over the manner, mode or means by which RWG, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision or control of RWG
compensation, or hours of service.

10. General Provisions. A. Assignment/Delegation. This Agreement contemplates the personal professional services of RWG and neither this Agreement, nor any portion thereof, shall be assigned or delegated without the prior written consent of the City Council.

B. Interpretation. The following rules of legal construction shall apply:
1) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
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2) The singular includes the plural and vice versa,
-exhaustive.

C. . Each party
arising out of and/or connected with the negotiation, drafting, and execution of this Agreement, and all matters arising out of or connected therewith.

D. Notices. Any notice required to be given shall be deemed to have been given and effective five business days after depositing such notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY COUNCIL: TO RWG:

City of Brea Terence Boga
1 Civic Center Circle 1 Civic Center Circle, PO Box 1059 Brea, California 92821 Brea, California 92822-1059
E. Signatories. Each signatory warrants and represents that the signatory is competent and authorized to execute this Agreement on behalf of the party for whom the signatory purports to sign.

F. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set f s own independent investigation of any and all facts such party deems material.

G. Applicability to other City Entities. The terms of this Agreement and the Compensation Rate Schedule shall apply to legal services performed for entities affiliated with City that may be established.

H. Modification of Agreement. This Agreement may be modified only by way of a written amendment to this Agreement that has been approved by majority vote of the City Council and executed by and on behalf of both RWG and City. [SIGNATURES ON FOLLOWING PAGE]
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TO EXECUTE THIS AGREEMENT, the parties have caused their duly authorized representatives to sign below.

CITY OF BREA
Cecilia Hupp
Mayor
Attest:

Victoria Popescu
City Clerk

RICHARDS, WATSON & GERSHON
a Professional Corporation
Kayser O. Sume
Chairman, Board of Directors
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EXHIBIT A

RICHARDS, WATSON & GERSHON

COMPENSATION RATE SCHEDULE FOR CITY OF BREA
EFFECTIVE OCTOBER 1, 2026
Time incurred in providing professional services will be billed in increments of one-tenth of an hour to billing accounts set up as specified by City staff.

General Services. Services shall be defined as all legal services other than legal -Party Reimbursed
include, without limitation,: (i) inperson attendance at all City Council meetings unless excused by the City Manager; and (ii) inperson attendance at Planning Commission meetings at the designation of the Community Development Director. General Services shall be billed to, and compensated by, City at the following composite hourly rates for all attorneys:

Period Rate
October 1, 2026 through June 30, 2027 $235
July 1, 2027 through June 30, 2028 $255
July 1, 2028 through June 30, 2029 $275
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for General Services shall be billed to, and compensated by, the City at the General Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized.

Special Services. Special Services shall be defined to include all advisory (non-litigation) services provided on: (i) labor and employment law matters; (ii) environmental law matters, including Hazardous Waste, Clean Air Act, and Clean Water Act issues; (iii) water and water rights law matters; (iv) telecommunication matters; (v) tax, fee, and assessment matters (e.g.

Propositions 13, 218 and 26 and the Mitigation Fee Act); (vi) services in connection with public construction disputes; (vii) services in connection with complex land use and real estate matters, which are defined to mean negotiation, drafting, and related CEQA and/or NEPA work on (a) development agreements and related entitlements, (b) entitlements for land use projects of 20 or more residential units, (c) commercial or mixed use projects in excess of two acres; or (d) projects that will require 10 or more hours of time. Special Services shall be billed to, and compensated by, the City at the following composite hourly rates for all attorneys:
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Period Rate
October 1, 2026 through June 30, 2027 $275
July 1, 2027 through June 30, 2028 $295
July 1, 2028 through June 30, 2029 $315
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Special Services shall be billed to, and compensated by, the City at the Special Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized.

Litigation Services. Litigation Services shall be defined as the representation of the City, regardless of whether the City is a party, in all aspects of the planning, initiation, advancement, or defense of claims in litigation, arbitration, or mediation, or in administrative proceedings before other public agencies. Litigation Services shall include, without limitation: (i) Pitchess motions; (ii) responses to subpoenas where a court filing is necessary; (iii) supervising or interacting with outside counsel in litigation matters; and (iv) enforcement and prosecution of the Brea Municipal Code. Litigation Services shall be billed to, and compensated by, the City at the following composite hourly rates for all attorneys:

Period Rate
October 1, 2026 through June 30, 2027 $300
July 1, 2027 through June 30, 2028 $320
July 1, 2028 through June 30, 2029 $340
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Litigation Services shall be billed to, and compensated by, the City at the Litigation Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds twohours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized. - A3 -
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Third-Party Reimbursed Services. - fined as
legal services that City elects to have reimbursed by third-parties. Third Party Reimbursed Services shall be billed to, and compensated by, the City at a 10% discount from then standard hourly rates. Travel time for Third-Party Reimbursed Services shall be billed to, and compensated by, the City at the Third-Party Reimbursed Services rate.

Paralegal Services. Paralegal services are defined as all services provided by paralegal and legal assistants on all matters. Paralegal Services shall be billed to, and compensated by, the City at the following composite hourly rates for all paralegals:

Period Rate
October 1, 2026 through June 30, 2027 $190
July 1, 2027 through June 30, 2028 $200
July 1, 2028 through June 30, 2029 $210
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Paralegal Services shall be billed to, and compensated by, the City at the Paralegal Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds twohours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time billed that is not authorized.

Travel Time, Reimbursable and/or Other Costs. RWG shall not bill travel time or mileage for travel to and from City Hall for City Council meetings and Planning Commission meetings.

Travel time to and from City Hall for other meetings, and to other locations (e.g., court or an office of another agency) required in connection with legal services, will be billed at actual time , from the nearest RWG office to the location, based on the rates for the applicable service category. Mileage shall be billed at the standard rate established by the IRS for deducting the operating expenses of an automobile used for business purposes. This rate established by the IRS currently is 76 cents per mile. Copying costs will be charged at $0.10 per page. Other costs shall include long distance telephone charges, messenger and delivery services, parking charges for court appearances, and computer-assisted legal research services (Westlaw/Lexis and other on-line service). Electronic discovery, litigation support services, and A.I. services shall be billed where necessary and cost-effective. RWG will not charge for word processing, secretarial or staff time, and similar clerical tasks.

Rate Adjustments. Commencing July 1, 2029, and annually on each July 1st thereafter, the rates for General Services, Special Legal Services, Litigation Services, and Paralegal Services will automatically increase by the lesser of the following factors and then be rounded up to the nearest whole five dollars: (i) a percentage amount equal to the percentage increase in the United - A4 -
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Consumers for the Los Angeles-Long Beach-Anaheim statistical area (or any applicable successor index) for the twelve-month period ending on the immediately prior March 31st; and (ii) five percent (5%). Any adjustment in rates exceeding the adjustment allowed by this amendment to this Agreement.
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LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT (“Agreement”) is dated June 16August 18, 2026 for reference purposes and is executed by the City of Brea and the Successor Agency to the Brea Redevelopment Agency (collectively, “City”) and the law firm of Richards, Watson & Gershon (“RWG”), a California professional corporation.

R E C I T A L S
A. This Agreement is made with respect to the following purposes and facts that each party agrees are true and correct:

B. RWG provides legal services for the City of Brea pursuant to a July 1, 2004 Amended and Restated Agreement for Professional Legal Services City (“2004 City Agreement”). The 2004 City Agreement was amended in 2005, 2007, 2010, 2013, 2016, 2017, 2018, and 2019.

C. RWG provides legal services for the Successor Agency to the Brea Redevelopment Agency pursuant to a July 1, 2004 Amended and Restated Agreement for Legal Services (“2004 RDA Agreement”). The 2004 RDA Agreement was amended in 2005, 2007, 2013, 2017, 2018, and 2019.

D. City desires to have RWG continue to provide legal services, and RWG has agreed to provide such services, pursuant to this Agreement including an updated Compensation Rate Schedule.

NOW, THEREFORE, the parties agree as follows:

1. Scope of Work. RWG is appointed as City Attorney pursuant to Government Code Section 36505 and shall have the authority of that office. RWG shall discharge the duties of the office of City Attorney and shall provide all legal services to the City of the kind and nature typically provided by an in-house City Attorney’s office, including litigation services, unless specifically exempted by this Agreement or otherwise determined by the City Manager or City Council. RWG shall perform all legal services for City as directed by the City Council through the City Manager, except as provided in Section 6 below with respect to conflicts. Legal services shall include the following:

A. Attendance at City Council meetings.

B. Legal research and legal advice to the City Council, City Manager, and designated staff.

C. Preparation and review of ordinances, resolutions, and agreements as requested.

D. Representation of City, City officials, and employees in claims and litigation filed by or against City as requested.

E. Oversight of legal matters handled by outside counsel. .\45200196.1
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F. Performance of the duties and exercise of the authority of a city attorney as provided in the Government Code, other statutes, and the Brea City Code.

G. Legal services for entities created by the City Council.

H. At least two days per week, the designated City Attorney, designated Senior Counsel, or other member of RWG’s Public Law Department shall be available for drop-in consultations at RWG’s office at the Brea Civic and Cultural Center.

I. Such other legal services as may be directed by the City Council or City Manager from time to time.

2. Term.

A. This Agreement shall commence as of JulyOctober 1, 2026 and on that date, supersedes the 2004 City Agreement (as amended) and the 2004 RDA Agreement (as amended), both of which shall be of no further force or effect. This Agreement shall continue in effect until terminated by either party andshalland shall be reviewed by the parties after one year.

B. RWG may terminate this Agreement at any time, with or without cause, on 30 days’ written notice to the City. In the event of termination, RWG shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship, shall assist City in transition to a new firm, and shall be compensated for such assistance at the rates provided for in this Agreement.

C. City may terminate this Agreement at any time, with or without cause, on 30 days’ written notice to RWG. In the event of such termination, RWG shall be paid for all Services authorized by City and performed up through and including the effective date of termination.

5. Compensation Rates and Annual Inflationary Adjustment. RWG shall be compensated for the performance of legal services in accordance with the Compensation Rate Schedule for City of Brea (“Compensation Rate Schedule”), attached to this Agreement as Exhibit A and incorporated herein as though set forth in full. The Compensation Rate Schedule shall be adjusted annually at the times and by the formula specified in Exhibit A. .\45200196.1
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6. Conflicts of Interest and Attorney-Client Privilege.

A. A. RWG shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving City and matters upon which RWG is providing legal services. RWG shall not reveal confidential information of City except with the consent of the City Council or as otherwise required by law. RWG shall notify the City Manager of any conflict of interest related to matters upon which it is providing legal services upon discovery of any such conflicts. In the event that such conflict cannot be waived or resolved, City shall retain legal counsel and RWG shall assist and cooperate with legal counsel retained by the City Council on the matter for which the conflict arose, to the extent permitted by law and professional ethics rules.

B. B. Confidential communication between City and RWG shall be covered by the attorney-client privilege. As used in this subsection, “confidential communication” means information transmitted between City and RWG in the course of the relationship covered by this Agreement and in confidence by a means that, so far as City is aware, discloses the information to no third persons other than those who are present to further the interests of City in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which RWG is consulted, and includes any legal opinion formed and advice given by RWG in the course of this attorney-client relationship.

7. Client Files.

A. At the conclusion of this Agreement, the original client files for the work performed under this Agreement for City shall be made available to City. RWG will be entitled to make copies of the client files. At the conclusion of this Agreement (whether or not City takes possession of the client files), City shall take possession of any and all original contracts, and other such important documents that may be in the client files and RWG shall have no further responsibility with regard to such documents.

B. If City does not take possession of the client files at the conclusion of the Agreement, RWG shall store such client files for one year. At the conclusion of such period, RWG may send to City a notice, advising of RWG’s intention to dispose of the client files. City shall have 60 days from the date of such notice to take possession of the client files. If City does not take possession of the client files during that time, City agrees that RWG may dispose of the client files without further notice.

C. This section shall survive termination of this Agreement.

8. Insurance.

A. Coverage Levels. RWG shall maintain at all times during the term of this Agreement policies of insurance with at least the minimum coverage specified below:
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1) General liability insurance coverage with a minimum limit of liability of $1,000,000 per occurrence and $2,000,000 in the general aggregate. 2) Professional liability coverage with a minimum limit of liability of $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, providing coverage for damages or losses suffered by City as a result of wrongful errors or omissions or neglect by RWG that arises out of the professional services required by this Agreement. Such insurance may be subject to reasonable terms, limitations and conditions and a self-insured retention or deductible to be borne entirely by RWG, which shall not exceed $250,000 per claim. 3) Automobile liability insurance for non-owned automobiles in an amount of not less than $1,000,000.
4) Workers’ compensation coverage in compliance with California law.

B. Prerequisites. The general liability and the automobile liability policies of insurance specified above shall:
1) Name the City Council of the City of Brea, its officers, agents and employees as additional insureds.
2) Provide minimum 30-days notice of cancellation, such notice to be provided by insurer, except for non-payment of premium for which 10 days’ notice shall be provided by insurer.
3) Be maintained in full force and effect throughout the term of this Agreement.
4) Be placed with insurance carriers authorized to transact business in California with an A.M. Best rating of no less than A-:VII or otherwise acceptable to City.

9. Independent Contractor. No employment relationship is created by this Agreement.

RWG shall be an independent contractor of City, except that at all times providing services under this Agreement, RWG’s shareholders and employees shall be acting as public officials. Neither City, nor any of its employees or officers, shall have any control over the manner, mode or means by which RWG, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The ClientCity shall have no voice in the selection, discharge, supervision or control of RWG’s employees, representatives or agents, or in fixing their number, compensation, or hours of service.

10. General Provisions.

A. Assignment/Delegation. This Agreement contemplates the personal professional services of RWG and neither this Agreement, nor any portion thereof, shall be assigned or delegated without the prior written consent of the City Council.

B. Interpretation. The following rules of legal construction shall apply:
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1) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 2) The singular includes the plural and vice versa, and the terms “include,” “includes,” and “including” are illustrative and non-exhaustive.

C. Attorney’s Fees. Each party will bear its own costs, expenses and attorney’s fees arising out of and/or connected with the negotiation, drafting, and execution of this Agreement, and all matters arising out of or connected therewith.

TO CITY COUNCIL: TO RWG:

F. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

H. Modification of Agreement. This Agreement may be modified only by way of a written amendment to this Agreement that has been approved by majority vote of the City Council and executed by and on behalf of both RWG and City.
[SIGNATURES ON FOLLOWING PAGE]
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TO EXECUTE THIS AGREEMENT, the parties have caused their duly authorized representatives to sign below.

CITY OF BREA
Cecilia Hupp
Mayor
Attest:

Victoria Popescu
City Clerk

RICHARDS, WATSON & GERSHON
a Professional Corporation
Kayser O. Sume
Chairman, Board of Directors
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3215831.13

EXHIBIT A

RICHARDS, WATSON & GERSHON

COMPENSATION RATE SCHEDULE FOR CITY OF BREA
EFFECTIVE JULYOCTOBER 1, 2026
Time incurred in providing professional services will be billed in increments of one-tenth of an hour to billing accounts set up as specified by City staff.

General Services. “General Services” shall be defined as all legal services other than legal services defined below as “Special Services,” “Litigation Services,” “Third-Party Reimbursed Services,” or “Paralegal Services.” General Services shall include, without limitation,: (i) in-person attendance at all City Council meetings unless excused by the City Manager; and (ii) in-person attendance at Planning Commission meetings at the designation of the Community Development Director. General Services shall be billed to, and compensated by, City at the following composite hourly rates for all attorneys:

Period Rate
JulyOctober 1, 2026 through June 30, 2027 $235
July 1, 2027 through June 30, 2028 $255
July 1, 2028 through June 30, 2029 $275
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for General Services shall be billed to, and compensated by, the City at the General Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized..

Special Services. “Special Services” shall be defined to include all advisory (non-litigation) services provided on: (i) labor and employment law matters; (ii) environmental law matters, including Hazardous Waste, Clean Air Act, and Clean Water Act issues; (iii) water and water rights law matters; (iv) telecommunication matters; (v) tax, fee, and assessment matters (e.g.

Propositions 13, 218 and 26 and the Mitigation Fee Act); (vi) services in connection with public construction disputes; (vii) services in connection with complex land use and real estate matters, which are defined to mean negotiation, drafting, and related CEQA and/or NEPA work on (a) development agreements and related entitlements, (b) entitlements for land use projects of 20 or more residential units, (c) commercial or mixed use projects in excess of two acres; or (d) projects that will require 10 or more hours of time. Special Services shall be billed to, and compensated by, the City at the following composite hourly rates for all attorneys:
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Period Rate
JulyOctober 1, 2026 through June 30, 2027 $275
July 1, 2027 through June 30, 2028 $295
July 1, 2028 through June 30, 2029 $315
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Special Services shall be billed to, and compensated by, the City at the Special Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized..

Litigation Services. “Litigation Services” shall be defined as the representation of the City, regardless of whether the City is a party, in all aspects of the planning, initiation, advancement, or defense of claims in litigation, arbitration, or mediation, or in administrative proceedings before other public agencies. Litigation Services shall include, without limitation: (i) Pitchess motions; (ii) responses to subpoenas where a court filing is necessary; (iii) supervising or interacting with outside counsel in litigation matters; and (iv) enforcement and prosecution of the Brea Municipal Code. Litigation Services shall be billed to, and compensated by, the City at the following composite hourly rates for all attorneys:

Period Rate
JulyOctober 1, 2026 through June 30, 2027 $300
July 1, 2027 through June 30, 2028 $320
July 1, 2028 through June 30, 2029 $340
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Litigation Services shall be billed to, and compensated by, the City at the Litigation Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time that is not authorized.
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Third-Party Reimbursed Services. “Third-Party Reimbursed Services” shall be defined as legal services that City elects to have reimbursed by third-parties. Third Party Reimbursed Services shall be billed to, and compensated by, the City at a 10% discount from RWG’s then standard hourly rates. Travel time for Third-Party Reimbursed Services shall be billed to, and compensated by, the City at the Third-Party Reimbursed Services rate.

Period Rate
JulyOctober 1, 2026 through June 30, 2027 $190
July 1, 2027 through June 30, 2028 $200
July 1, 2028 through June 30, 2029 $210
July 1, 2029 and following
Adjusted by the Consumer Price Index as
described below
Travel time for Paralegal Services shall be billed to, and compensated by, the City at the Paralegal Services rate from the nearest office of RWG to the destination (court, deposition or meeting location) at which legal services will be performed. If any travel time exceeds two-hours, prior approval shall be obtained by the City Manager. The City Manager may deduct from an invoice any billed travel time billed that is not authorized. .

Travel Time, Reimbursable and/or Other Costs. RWG shall not bill travel time or mileage for travel to and from City Hall for City Council meetings and Planning Commission meetings.

Travel time to and from City Hall for other meetings, and to other locations (e.g., court or an office of another agency) required in connection with legal services, will be billed at actual time “door to door,” from the nearest RWG office to the location, based on the rates for the applicable service category. Mileage shall be billed at the standard rate established by the IRS for deducting the operating expenses of an automobile used for business purposes. This rate established by the IRS currently is 72.576 cents per mile. Copying costs will be charged at $0.10 per page. Other costs shall include long distance telephone charges, messenger and delivery services, parking charges for court appearances, and computer-assisted legal research services (Westlaw/Lexis and other on-line service). Electronic discovery, litigation support services, and A.I. services shall be billed where necessary and cost-effective. RWG will not charge for word processing, secretarial or staff time, and similar clerical tasks.

Rate Adjustments. Commencing July 1, 2029, and annually on each July 1st thereafter, the rates for General Services, Special Legal Services, Litigation Services, and Paralegal Services will automatically increase by the lesser of the following factors and then be rounded up to the nearest whole five dollars: (i) a percentage amount equal to the percentage increase in the United States - A4 -
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Department of Labor, Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim statistical area (or any applicable successor index) for the twelve-month period ending on the immediately prior March 31st; and (ii) five percent (5%).

Any adjustment in rates exceeding the adjustment allowed by this provision shall be subject to the City Council’s approval and shall be documented as an amendment to this Agreement.

Brea City CouncilAugust 18, 2026

Brea City Council
August 18, 2026