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City of BREA
ivic Center Circle, Brea, CA 92821.5732 .. www.ritpolbrein City Council and Successor Agency Tuesday, April 5, 2022 to the Brea Redevelopment 6:30 p.m. - Closed Session
Agency Agenda 7:00 p.m. -General Session
Cecilia Hupp, Mayor Glenn Parker, Mayor Pro Tem
Christine Marick, Council Member Steven Vargas, Council Member Marty Simonoff, 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
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience.
State Law prohibits the City Council from responding to or acting upon matters not listed on this agenda. The Council encourages free expression of all points of view. 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 DEVICES.
To provide comments via Zoom or to provide written comments (which will be summarized aloud into the record at the meeting), members of the public must contact City Staff at (714) 990-7756 or email [email protected] no later than 12:00 p.m. on Tuesday, April 5, 2022. Upon request, zoom participants will be provided with a Zoom meeting ID and password and will remain muted during the meeting until recognized at the appropriate time by the Council. The meeting will also be broadcast live at www.cityofbrea.net .
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 (28 CFR 35.102.35.104 ADA Title 11) Important Notice
The City of Brea s 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
6:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
1. 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.
2. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation. Name of Case: Rios v. City of Brea et al. (Case No. 30-2022-01246673-C U-C R-CJ C )
3. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property: 15-Wide Railroad Corridor Easement Between Flower Plum Circle and Berry Street/Mercury Lane
City of Brea Negotiator: Michael Ho
Negotiating Party: Union Pacific Railroad Company
Under Negotiation: Price and Terms of Payment
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL - COUNCIL
4. Pledge of Allegiance: Boy Scout Troop 707
5. Invocation: Doug Green, North Hills Church
6. Community Announcements
7. Matters from the Audience
8. Response to Public Inquiries - Mayor / City Manager
PUBLIC HEARING - This portion of the meeting is for matters that legally require an opportunity for public input. Audience participation is encouraged and is limited to 5 minutes per speaker.
9. General Plan Amendment No. 2021-04, Zone Change No. 2021-02, Precise Development No. 2021-03, and Conditional Use Permit No. 2021-17 and 2021-18: to allow the demolition of an existing 18,450 square foot movie theater and adjacent surface parking lot, and allow an approximately 214,873 square foot mixed -use building, on a 2.2-acre area, containing 161 residential dwelling units, 13,800 square feet of retail and office space, and a parking garage with 394 parking spaces, and adopt certification of an environmental impact report, for property located at 1639 East Imperial Highway - Staff recommends that the City Council take the following actions: Approve Resolution No. 2022-OXX (Attachment A) certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2020079022; and Approve Resolution No. 2022-OXX (Attachment B) approving General Plan Amendment (GPA) No. 2021-04 to change the General Plan Land Use designation of the project site from C-G to MU -I, based on the findings and conclusions in the attached resolution; and Introduce by title only and waive further reading of Ordinance No. 1226 (Attachment C) approving Zone Change (ZC) No. 2021-02 to change the zoning of the site from C-G to MU -I, based on the findings and conclusions in the attached ordinance; and Approve Resolution No. 2022-OXX (Attachment D) approving Precise Development (PD) No. 2021-03 for the demolition of an 18,450 square foot movie theater and adjacent surface parking lot, to allow an approximately 214,873 square foot mixed -use building, on a 2.2-acre area, consisting of 161-residential dwelling units, 13,800 square feet of commercial space, and a parking garage with 394 parking spaces, based on the findings and conclusions in the attached resolution, and subject to the recommended conditions of approval (Attachment G); and Approve Resolution No. 2022-OXX (Attachment E) approving Conditional Use Permit (CUP) No. 2021-17 to allow modifications to the off-street parking requirements and CUP No. 2021-18 to amend the Brea Plaza comprehensive sign program, both based on the findings and conclusions in the attached resolution and subject to the recommended conditions of approval (Attachment G); and Schedule adoption of Ordinance No. 1226 at the next regular City Council meeting. Collectively, the aforementioned entitlements are herein referred to as the "Project" or "Brea Plaza Mixed -Use Project". There is no fiscal impact to the General Fund.
ADMINISTRATIVE ITEM - This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience. "
10. Determination of Election Sequence for By -District City Council Elections; and Introduction of Ordinance No. 1225, Establishing a By -District System for City Council Elections - Approve a motion to select the sequence of district elections; and Approve a motion to introduce Ordinance No. 1225, adding Chapter 2.32 (City Council Districts) to the Brea City Code and making a CEQA exemption determination, by title only and waive further reading.
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
11. March 23, 2022 City Council Special Meeting Minutes - Approve.
12. AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings - Make the following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact the ability of the members of the City's legislative bodies (including commissions and committees) to meet safely in person.
13. Annual Consumer Price Index Adjustments for Avenu Insights & Analytics and HdL Companies - Approve the annual Consumer Price Index increase as presented by Avenu Insights & Analytics and HdL Companies. The proposed CPI adjustments result in an approximate $4,721 increase. The Administrative Services Department believes that they will be able to absorb the CPI increases in their current budget and will program the increased amounts in the FY 2022-23 Budget.
14. Approve Two -Year Extension to the Professional Services Agreement for Auditing Services with Eide Bailly - Approve the two-year extension with Eide Bailly to perform the annual audits for Fiscal Years 2021-22 and 2022-23 and authorize the City Manager to execute contract amendments. The fiscal impact for Fiscal Year 2021-22 is $68,067. There are sufficient funds in the current operating budget to cover the costs associated with this audit.
15. Road Repair and Accountability Act - Local Streets and Roads Funding Program, Fiscal Year 2022-23 Proposed Project List- Adopt Resolution No. 2022-020 approving a project funded by the Road Repair and Accountability Act. If approved, staff will program the RMRA funds within the 2022-23 CIP for Project 7329 in the amount of $1,000,000. As of June 30, 2021, the RMRA Fund balance is $1,691,725.
16. 2021 General Plan Annual Report - Receive and file the 2021 General Plan and Housing Element Annual Report; and Direct staff to submit the Housing Element Annual Report to the Housing and Community Development (HCD) and Governor's Office of Planning and Research (OPR). There is no fiscal impact to the General Fund.
17. Resolution Opposing the Taxpayer Protection and Government Accountability Act (Initiative 21-0042A1) - Adopt Resolution No. 2022-021, opposing the Taxpayer Protection and Government Accountability Act (Initiative 21-0042A1).
18. Monthly Report of Cash Investments for the City of Brea for Period Ended January 31, 2022 - Receive and file.
19. Monthly Report of Cash Investments for the City of Brea for Period Ended February 28, 2022 - Receive and file.
20. Outgoing Payment Log and City Disbursement Registers for March 4, 11, 18 & 25 and April 1, 2022 - Receive and file.
CITY/ SUCCESSOR AGENCY - CONSENT
21. Monthly Report of Cash Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended January 31, 2022- Receive and file.
22. Monthly Report of Cash Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 28, 2022- Receive and file.
23. Successor Agency Disbursement Register for March 25, 2022 - Receive and file.
ADMINISTRATIVE ANNOUNCEMENTS
24. City Manager
25. City Attorney
26. Council Requests
COUNCIL ANNOUNCEMENTS
ADJOURNMENT