Roll Call: (The following members were in ottendonce)
. Cecilia Hupp, Mayor
. Marty Simonoff, Mayor Pro Tem
o Christine Marick, Council Member
r Blair Stewart, Council Member
o Steven Vargas, Council Member
1. CLOSED SESSION . EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 615 P.M.
1.A. Call to Order/Roll Call
Mayor Hupp called the Closed Session to order at 6:15 p.m. All members were present. 1 .8. Public Comment
None.
1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances:
Urban Habitat Claim.
1.D. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX4) - Anticipated Litigation. lnitiation of Litigation: 1 potential case.
1.E. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX1) - Existing Litigation. Name of Case: City of Brea v. Schwarze lndustries (Case No. 30-2024-01437243-CU-BC- cJc).
Mayor Hupp adjourned the Closed Session at 6:52 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
2.A. Call to Order/Roll Call
Mayor Hupp called the General Session to order at 7:00 p.m. All members were present.
2.8. Pledge of Allegiance
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
August 18, 2026
1 lnterim Community Services Director Matlock led the Pledge of Allegiance
2.C. lnvocation: Pastor Eric Clausen, Christ Lutheran
Pastor Eric Clausen, Christ Lutheran, led the lnvocation.
2.D. Community Announcements
Council Member Stewart announced that the Brea Police Department is offering a free g-week Citizen Academy program to anyone residing or working in Brea who is l8 years or older. He indicated that participants will learn about patrol procedures, investigations, K-9 units and more Applications are accepted online at breapolice.gov and are due by Monday, August 31.
Mayor Pro Tem Simonoff announced that in observance of Arts and Humanities Month, the City is currently accepting nominations for an individual or group that is making a positive impact on the Brea community through the arts. He indicated that nominations will be accepted until September 2 on the City's website.
Council Member Marick announced that the State of the City will be held on September '15 during the City Council meeting. She indicated that the City Council and City staff will provide a recap of the City's accomplishments, celebrate the community, and preview the goals for this upcoming year. The State of the City can be watched in-person or online on the City of Brea YouTube channel starting September '16.
Council Member Vargas announced that the Orange County Mosquito and Vector Control District has confirmed an outbreak of mosquito-borne illnesses. He encouraged residents to regularly dump and drain any standing water to reduce the breeding grounds for mosquito larvae.
Additional information on how to take action against mosquitoes can be found at Ocvector.org.
2.F. Public Comment - Aqenda ltems
Mark Strom spoke about the renewal of the legal services agreement with RWG and billing
2.G. Response to Public lnquiries
Sonia Rubio from Best Best & Krieger (BBK) responded to public inquires regarding the legal services agreement with RWG.
2 2.E. Community Development/Public Works Update
Public Works Director Ho provided an update on the current slurry seal project.
Community Development Director/Assistant City Manager Killebrew provided an update on the Amazon project and Lennar Homes application.
3. CONSENT CATENDAR
A motion was made by Council Member Marick and seconded by Mayor Pro Tem Simonoff to approve Consent Calendar items 3A - 30. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
3.A. July 21, 2026 Regular City Council Meeting N4inutes The City Council approved the July 21, 2026 Regular City Council Meeting Minutes as written.
3.8. August '11, 2026 Special City Council Meeting N,4inutes The City Council approved the August 1 1, 2026 Special City Council Meeting Minutes as written.
3.C. ILIAOC Facial Recognition Participating Agency Agreement The City Council approved an agreement with the lntegrated Law & Justice Agenry for Orange County (ILJAOC) to allow the Brea Police Department to become a participating agency with access to the ILJAOC Facial Recognition Systems (FRS).
3.D. Acceptance of lntegrated Crime Center (lCC) Citywide Camera Network, CIP 77'19 The City Council accepted the project as completed and authorized the City Clerk to file and record the Notice of Completion; and authorized the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond, and release the Payment Bond upon further notification from the Public Works Departmen! and accept the Warranty Bond.
3.E. Curtis Theatre Lighting Equipment Purchase
The City Council approved the recommended vendor, Sound Productions, to provide lighting equipment to the Curtis Theater, and approved the purchase of lighting equipment for a total cost not-to-exceed $1 50,000.
3.F. Approval of the City of Brea Master Employee Pay Schedule to Comply with CaIPERS Regulations
The City Council adopted Resolution No. 2026-60 establishing the updated City of Brea t/aster Employee Pay Schedule, confirming the pay rates/ranges as of January 3, 2026, )uly 18, 2026, and )anuary 2,2027,fot all City of Brea established positions in order to comply with CaIPERS regulations.
3.G. Statement of lnvestment Policy for the City/Brea Successor Agency to the Brea Redevelopment Agency
3 The City Council reviewed and approved the City of Brea/Successor Agency to the Brea Redevelopment Agency Statement of lnvestment Policy.
3.1. lnvestment Policy Guidelines for the City of Brea's Other Post Employment Benefits (OpEB) Trust Fund
The City Council reviewed and approved the lnvestment Guidelines for the City's Other post Employment Benefits (OPEB) Trust Fund through Public Agency Retirement Services (pARS).
3.J. City of Brea Response to the 2025-2026 Orange County Grand Jury Report, "California Housing Mandates: The UnintendeC Reshaping of Orange County Neighborhoods" The City Council authorized the Mayor, on behalf of the Brea City Council, to respond to the Orange County Grand Jury Report, "Cali{ornia Housing Mandates:The Unintended Reshaping of Orange County Neighborhoods'; and authorized the City Manager, or their designee, to make non-substantive edits to the City's response and submit the response to the Orange County Grand Jury.
3.K. Memorandum of Agreement between the City of Brea and the County of Orange Regarding Receiving Regional Housing Needs Assessment Allocations Progress Credits for the Mercury Senior Apartments ProJect
The City Council found the Memorandum of Agreement with the County of Orange Regarding Receiving Regional Housing Needs Assessment Allocations Progress Credits for the Mercury Senior Apartments Project ("Memorandum of Agreement") exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(bX3);and approved the Memorandum of Agreement; and Authorized the City Manager, or their designee, to make non-substantive changes and execute the Memorandum of Agreement.
3.1. Approve Amendments for Additional As-Needed Arovista Park Services The City Council approved Amendment No.4 with BKF Engineers in the amount not-to-exceed $30,000 resulting in a total contract amount not-to-exceed $134,100 for as-needed civil engineering services; approved Amendment No. 1 with David Volz Design in the amount no-to- exceed $30,000 resulting in a total contract amount not-to-exceed $'105,000 for as-needed landscape design services; approved Amendment No.2 with Shucri Yaghi Consulting Engineers, lnc. in the amount not-to-exceed $30,000 resulting in a total contact amount not-to-exceed $ 170,300 for as-needed structural engineering services; approved Amendment No. 2 with Telacu 4 3.H. lnvestment Policy Guidelines for the City of Brea's Employee Benefits Fund pension plan The City Council reviewed and approved the lnvestment Policy Guidelines for the City of Brea,s Employee Benefits Fund Pension Plan through Public Agenry Retirement Services (pARS).
Construction Management in the amount not-to-exceed $80,000 resulting in a total contract amount not-to-exceed $969,479 for as-needed construction management services.
3.M. Amend CIP 7946 Western Extension to the Tracks at Brea FY2026-27 Budget The City Council adopted Resolution No. 2026-61 amending the FY 2025-27 Operating and Capital lmprovement Program Budget for the Western Extension to the Tracks at Brea (ClP 7946)
3.N. Monthly Report of lnvestments for the City of Brea for Period Ended luly 31, 2026 The City Council received and filed the t',4onthly Report of lnvestments for the City of Brea for Period Ended July 31,2026.
3.O. July Outgoing Payment Log and City Disbursement Registers for July 17, )uly 24, )uly 31, and August 7, 2026
The City Council receivied and filed the July outgoing Payment Log and City Disbursement Registers for July 17,)uly24,)uly31, and August 7, 2026.
4. CITY/SUCCESSOR AGENCY - CONSENT
A motion was made by Council Member Stewart and seconded by Council Member Marick to approve the city/Successor Agency Consent items 4A and 48. Motion passed 5-0-0-0 (Ayes:
Hupp, Simonoff, Marick, Stewart. Vargas).
4.A. Monthly Report of lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended July 31, 2026
The City Council, as the successor Agency, received and filed the Monthly Report of lnvestments for the Successor Agency to the Brea Redevelopment Agency for period ended )uly 31,2026.
4.8. Successor Agency Disbursement Register for July 31, 2026 The City Council, as the Successor Agency, received and filed the Successor Agency Disbursement Register for luly 3'1, 2026.
5. PUBLIC HEARING
5.A. ocTA Enhanced Mobility for seniors and lndividuals with Disabilities Grant Application Senior Management Analyst Godoy introduced the item and provided background information.
He spoke about the application process, the Senior Transportation Program, the Senior Transportation Shuttles, the proposed new shuttles, and staff's recommendations.
Mayor Hupp opened the Public Hearing
5 Seeing no members of the public wishing to address the Council, Mayor Hupp closed the public Hearing.
Mayor Pro Tem Simonoff spoke about the senior transportation shuttles and the need for replacements.
Council Member Stewart inquired about the Air Quality lmprovement fees fund.
A motion was made by Mayor Pro Tem Simonoff and seconded by Mayor Hupp to adopt Resolution No. 2026-62 to certify that no non-profit organizations are readily available to provide the proposed transportation services in Brea's service area and authorized the application for funding through the Orange County Transportation Authority (OCTA) Enhanced Mobility for Seniors and lndividuals with Disabilities (EMSD) Grant program; and authorized the City Manager to execute any forthcoming agreements and documents required by OCTA in connection with the EMSD Grant Program; and amended the Fiscal yeat 2026-27 operating budget in the amount of the approved grant funds, as well as authorize a 10% local match utilizing the Air Quality lmprovement Fees Fund (240) and the Vehicle Replacement Fund (480).
6. ADMINISTRATIVE ITEMS
6.A. Ordinance to Establish lncreased E-Bike Fine Amount Lieutenant Winger provided background information and reviewed the proposed violation fines.
The City Council discussed the bike impound process and violation fees.
A motion was made by Council Member Marick and seconded by Council Member Vargas to 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"; and adopt Resolution No.2026-63 to establish increased fine amounts for violations of the Ordinance. Motion passed 5-0-0-0 (Ayes: Hupp. Simonoff, Marick, Stewart, Vargas).
6.8. Annual Report related to Police Department use of Military Equipment as required by Government Code 5 7072
Lieutenant Haddad introduced the item and provided background information. He spoke about the acquisition, use, and maintenance of military equipment.
A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Stewart to receive and file the report. Motion passed 5-0-0-0 (Ayes: Hupp. Simonoff, Marick, Stewart, Vargas).
6.C. Legal Services Agreement with Richards, Watson & Gershon (RWG) 6 Administrative Services Director Lo introduced the item and provided background information.
She spoke about the proposed amendments related to the scope of work, compensation, and term length. She reviewed the core legal services provided, including City Council meeting attendance, legal research and advice, and other legal services as directed. She indicated that as part of the proposed agreement, travel time for attending the City Council and Planning Commission meetings will not be billed. Additionally, she reviewed the hourly rates for general services provided.
Community Development Director/Assistant City Manager Killebrew responded to Council Member Vargas' question about the RWG lease agreement. He stated that the lease agreement is currently in negotiation and will be presented to the City Council at a future meeting.
The City Council indicated that a future Request for Proposal (RFP) for legal services is anticipated, but additional time is needed to complete the process.
Community Development Director/Assistant City Manager Killebrew responded to questions by Council Nlember Vargas regarding the proposed contract expiration date.
Council N4ember Vargas spoke about a prior RFP that was issued and inquired about travel and billing disputes.
Sonia Rubio from BBK Law spoke about the confidentiality of a memo distributed to the City Council during Closed Session. She provided an overview of the proposed agreement and discussed the travel and billing disputes. Sonia recommended moving forward with the proposed contact and advised the City Council against pursuing litigation for travel expense reimbursement.
Community Development Director/Assistant City Manager Killebrew responded to questions from Council Member Vargas about previous agendized CIosed Session items regarding the City Attorney's Performance Evaluation.
Council Member Vargas discussed the previous contract amendments, lease agreement rates for legal services, and RWG invoices.
Sonia Rubio suggested amending the proposed agreement to include additional language in section 10F of the agreement indicating that all previous billing disputes related to legal services shall be fully resolved, compromised, and settled with the exception of any outstanding invoices.
A motion was made by Council Member Vargas to add a tolling provision to the proposed agreement.
The motion failed due to lack of a second.
A substitute motion was made by Council Member Vargas to meet and confer with RWG regarding the disputed travel expenses.
The substitute motion failed due to lack of a second
7 A motion was made by Council Member Marick and seconded by Council Member Stewart to apProve a legal services agreement with Richards, Watson & Gershon (RWG) to continue as City Attorney, with the added provisions in section 10F of the agreement. Motion passed 4-1-0- 0 (Ayes: Hupp, Simonoff, Marick, Stewart. Noes: Vargas).
7. PUBLIC COMMENT - NON-AGENDA ITEMS
7.A. Public Comment - Non-Agenda ltems
Craig Farris spoke in support of the Costco Development.
Linda Criner spoke about the Costco Development and expressed concerns about traffic impacts and the tax sharing agreement.
Crystal Eychaner spoke about a recent neighborhood meeting regarding the Costco Development and expressed concerns about the lack of community input, traffic impacts, and the impact on the quality of life.
Debra Dower spoke about the Costco Development and expressed concerns with the Tax Sharing Agreement and Economic Development Agreement.
Felix Rode spoke about the Costco Development and sales tax revenue.
Kari Windes spoke about progress, local government, and transparency.
Mark Strom spoke about the Costco Development and expressed concerns with the Economic Development Agreement.
Nancy-Clifton-Hawkins spoke about the Costco Development and the importance of community engagement, transparency, and communication.
Gail Nitta spoke about the Costco Development and expressed concerns about traffic impacts, lack of community input, and lack of transparency.
Melissa Strom spoke about the Costco Development, community engagement, and community feedback.
Community Development Director/Assista nt City Manager Killebrew responded to public inquires regarding the Costco Development, community engagement, and traffic impacts.
8. ADMIN ISTRATIVE ANNOUNCEMENTS
8.A. City Manager
8 None.
8.B. City Attorney
None.
None.
9. COUNCIL ANNOUNCEMENTS
9.A. Council Announcements
N one.
10. ADJOURNMENT
1 0.A. Meeting Adjournment
Mayor Hupp adjourned the meeting al9.27 p.m. in memory of Miko Downey, Brea resident and Senior Center volunteer.
Respectfully submitted,
The foregoing minutes are hereby approved
this 15th day of September,2026.
Victoria P pescu, City Clerk Ceci upp, Mayor
o
8.C. Council Requests