Agenda

Return

City Council, Brea Community Benefit
Financing Authority and Successor
Agency to the Brea Redevelopment
Agency Agenda

Tuesday, October 6, 2020

5:30 p.m. - Closed Session
6:30 p.m. - Study Session
7:00 p.m. - General Session

Marty Simonoff, Mayor

Steven Vargas, Mayor Pro Tem

Cecilia Hupp, Council Member

Christine Marick, Council Member

Glenn Parker, Council Member

This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
This meeting is being conducted consistent with Governor Newsom’s Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic.

Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, October 6, 2020. Any comments received via email will be summarized aloud into the record at the meeting. To provide comments in person, the Council Chambers will be open to a limited number of members from the public in observance of social distancing guidelines. Masks are required. Overflow will be available in the Plaza directly outside of the Council Chambers. Based on capacity, the public may be required to cycle in and out of the Chambers as to provide everyone in attendance an opportunity to address the Council. To provide comments by teleconference (zoom), members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, October 6, 2020 to obtain the Zoom Meeting ID number and password. Teleconference participants will be muted until recognized at the appropriate time by the Council. The meeting will also be broadcast live at www.cityofbrea.net.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)

Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

CLOSED SESSION

5:30 p.m. - Executive Conference Room
Level Three

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

Closed Session may convene to consider matters of purchase / sale of real property (G. C. §54956.8), pending litigation [G.C.§54956.9(d)(1)], potential litigation [G.C. §54956.9(d)(2)(3) or (4)], liability claims (G. C. §54961) or personnel items (G.C.§54957.6). Records not available for public inspection.

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

Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property: 3351 Birch Street (Oil and Gas Lease)
City of Brea Negotiator: Tony Olmos, Public Works Director
Negotiating Thompson Energy Resources, LLC
Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property: 555 W. Imperial Highway (Right of Way Dedication)
City of Brea Negotiators: Tony Olmos, Public Works Director and Michael Ho, City Engineer/Deputy Director
Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property: 555 W. Imperial Highway (Temporary Construction Easement)
City of Brea Negotiators: Tony Olmos, Public Works Director and Michael Ho, City Engineer/Deputy Director
Under Negotiation: Price and Terms of Payment

STUDY SESSION

6:30 p.m. - Council Chambers
Plaza Level

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

Clarify Regular Meeting Topics

DISCUSSION ITEM

Discuss the League of California Cities Annual Conference Resolutions

REPORT

Council Member Report/Requests

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL

10.

Pledge of Allegiance

11.

Invocation: Bob Reeve, The Cause Church

12.

Report - Prior Study Session

13.

Community Announcements

14.

Matters from the Audience
Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, October 6, 2020. Any comments received via email will be summarized aloud into the record at the meeting. To provide comments in person, the Council Chambers will be open to a limited number of members from the public in observance of social distancing guidelines. The public will be able to address the Council directly, while maintaining proper social distancing. Masks are required. Overflow will be available in the Plaza directly outside of the Council Chambers. Based on capacity, the public may be required to cycle in and out of the Chambers as to provide everyone in attendance an opportunity to address the Council. To provide comments by teleconference, members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, October 6, 2020 to obtain the Zoom Meeting ID number and password. Teleconference participants will be muted until recognized at the appropriate time by the Council.

15.

Response to Public Inquiries - Mayor / City Manager

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

16.

Camping in Public Areas - Second Reading and adoption of Ordinance No. 1217, an Ordinance of the City of Brea, regarding camping on public property and amending the Brea City Code.

17.

Construction and Demolition Waste Diversion - Second Reading and adoption of Ordinance No. 1218, an Ordinance of the City of Brea amending the Brea City Code to amend the construction and demolition waste management regulations and update the required diversion rate for construction and demolition projects within the city, and making a determination under the California Environmental Quality Act.

BREA COMMUNITY BENEFIT FINANCING AUTHORITY/ CITY COUNCIL ADMINISTRATIVE ITEMS - This agenda category is for the Brea Community Benefit Financing Authority and City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."

18.

Authorization for the Issuance of 2020 Water Revenue Refunding Bonds to Refinance Outstanding 2014 Water Revenue Bonds of the Brea Community Benefit Financing Authority - Adopt Resolution No. 2020-056, authorizing the issuance and sale of the 2020 Water Revenue Refunding Bonds to refinance the outstanding 2014 Water Revenue Bonds of the Brea Community Benefit Financing Authority and approving related documents and actions.

19.

Authorization of an Escrow Agreement Relating to the Refunding of the Outstanding 2014 Water Revenue Bonds - Adopt Resolution No. BCBFA 2020-02, authorizing the execution and delivery of an Escrow Agreement relating to the refunding of the outstanding 2014 Water Revenue Bonds, and approving related actions.

CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."

CITY COUNCIL - CONSENT

20.

September 15, 2020 City Council Regular Meeting Minutes - Approve.

21.

Approve a Professional Services Agreement (PSA) with Bucknam Infrastructure Group, Inc. for biennial Pavement Management Plan Update and Inspection not to exceed $33,000 - Approve the Agreement. A total of $50,000 is budgeted in the Measure M fund (260-51-5121-4249) for the Pavement Management Plan Biennial Update. There is no impact to the General Fund.

22.

Adopt Resolution authorizing the Mayor to execute contracts for receipt of Coronavirus Aid, Relief and Economic Security (CARES) Act, Community Development Block Grant (CDBG-CV) funds from the County of Orange - Adopt Resolution No. 2020-057, approving the City's participation in the Community Development Block Grant Program (CDBG) with the County of Orange; accept Coronavirus Aid, Relief, and Economic Security (CARES) Act, Community Development Block Grant (CDBG-CV) funds allocated by the County of Orange in the amount of $105,508; and authorize the Mayor or his/her designee to execute necessary agreements and/or any other related documents.

23.

Vehicle Miles Traveled (VMT) and Traffic Impact Analysis (TIA) Guideline Adoption Implementing the Updates to the Guidelines for the California Environmental Quality Act (CEQA) - Adopt Resolution No. 2020-058, approving Vehicle Miles Traveled (VMT) as the measure for identifying project transportation impacts for California Environmental Quality Act (CEQA) compliance regarding transportation analysis; and approving Vehicle Miles Traveled (VMT) thresholds for California Environmental Quality Act (CEQA) compliance regarding transportation analysis.

24.

Supercharger Agreement with Tesla to Install Charging Stations at Parking Structure No.2 - Approve the Supercharger Agreement. Staff would utilize the Mobile Source Air Pollution Reduction Review Committee (MSRC), which is a part of the Local Government Partnership Program grant in the amount of $56,500 and $39,500 from the AB 2766 Subvention Funds to cover the full cost of the contribution requirements with Tesla. There is no impact to the General Fund.

25.

Approve AB 2766/MSRC Local Government Partnership Program Contract ML 18100 and use of AB 2766 Discretionary and Subvention Funds - Approve Contract ML 18100 for AB 2766/MSRC Local Government Partnership Program; authorize use of AB 2766 Discretionary Funds in the amount of $56,500 for payment towards electrical charging stations at Parking Structure No.2; and authorize use of AB 2766 Subvention Funds in the amount of $39,500 for payment towards electrical charging stations at Parking Structure No.2.