BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
APRIL 5,2022
CLOSED SESSION
6:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL. COUNCIL
Mayor Hupp called the Closed Session to order at 6:31 p_m., all members were present.
Present: Hupp, parker, Marick, Vargas, Simonoff
1. Public Comment
None.
Closod Ssssion nay conv€no
IG.c S5as56.e(dx2)(3) or (a)
to considrr mattors ot purch;s6 /
l, liability claim! (G. C. S54961) o.
sale of realproperry (c. C. SS49pe.sonnel (6ms (c.C.Ss4957.6)
56.8). pendins litigarion [G,cr
. Records not av6ilable tor plr
S54956 9(d)( 1 )l potentrst tIrgatron
2 Property: 1S-wide Rairroad corridor Easement Between Frower prum circre and BerryStreeUMercury Lane City of Brea Negotiator: Michael Ho
Negotiating Party: Union pacific Railroad Company
Under Negotiation: Price and Terms of payment
Mayor Hupp adjourned the Closed Session at 6:52 p.m.
3 GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
CALL TO ORDER/ ROLL CALL. COUNCIL'
Mayor Hupp called the Generar session to order at 7:01 p.m., afl members were present.
Pledge of Allegiance
Boy Scout Troop 707 led the pledge of Allegiance
April 5,2022
1 conference with Legar counser pursuant to covernment code section s4956.9(dxl )- Existing Litigation. Name of Case: Rjos v. City of Brea et al. (Case No. 30 -2022-0 1 246673-C U_C R-C J C)
corrference with Rear property Negotiator pursuant to Government code section54956.8.
4. 5
5 lnvocation
Doug Green, North Hills Church' delivered the lnvocation' Community Announcements
CouncilMemberSimonoffannouncedthat'.LoVeBrea'.isreturningonSaturday,April23rd.He invited those that are in need of assistance with a maximum four-hour timeframe manageaUte project to be done at their home to sign up and urged residents to volunteer to lompi"te tt e service projects. Visit LoveBrea.org for more information' council Member Marick invited the community to watch Movies under the stars on saturday' npii din'"" tfr" pfaza Level of the Brea Civic i Cultural Center. The Goonies will be shown at 'o,tjo
p.rn- ro, ,ore information, ptease calt \714) 990-7771 or visit BreaspecialEvents.com MayorProTemParkerremindedresidentsthatSouthernCaliforniaEdison(SCE)willbe ,"pi."ing 134 steel streetlight poles with new robust cement poles as part of their infrastructure ,f,giao"-prograr. The pro.iect'will take place in the residential neighborhoods.in the northwest anj soutnwe-st sections of the city and is scheduled to be completed by April.15th.. Residents ["ing ,fi""t"a have received door hangers and signs have been posted on the 9of91 feinS repliced. lf you have any questions, plEase contact SCE Project Manager Randy Williams at (714) 973-5564.
Council Member Vargas announced that asphalt repairs are scheduled to take place on iamarack nve., betw:een Mariposa Ave. and Central Ave-, on Tuesday' April 12th, during - spring Break. ihere will be a iull street closure during construction. Residents can access Site or. ou]ring the repairs to get to Central Ave. lf you have any questions' please contact the City's Public Works Department at (714) 990-7691
Matters from the Audience
TheBreaolindaHighSchoolRoboticsteamintroducedthemselves;providedtheir ua&grouno and aciomplishments; and asked residents to contribute funds to assist with the teamis accommodations to compete allhe 2022 FIRST@ Championship in Houston' Texas' Sean Thomas expressed concern about paramedic fees in the City of Brea' Robert Henderson urged Council to lift a moratorium on curb address painting' Linda Bolard expressed concern about an issue she is having with her neighbor. She believed that the problems are police issues not a civil issue'
BevPerrysuggestedthatifCouncilvotesforby-districtelections,anAd-HocCommittee should be created with residents from all districts to meet periodically to discuss issues within their districts and keeP unitY.
Joseph Laws urged council to re-direct street sweeping times and locations to areas that need it more.
Council Member Vargas announced that he will recuse himself from ltem 10 (Determination of Election sequence for By-District city council Elections; and lntroduction of ordinance No. .1225, Estabiishing a By--District System for City Council Elections) because he lives within l OOO feet from thi proposed project. He suggested that the item be moved for discussion before Public Hearing ltem #9.
It was the consensus of council that the items remain in the order of the agenda. 7 April 5,2022
2 council Member vargas recused himself from item 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 2OZ1-1Ai to allow the demolition of an existing .lB,4SO square foot movie theater and adjacent surface parking lot, and allow an ipproximately 214'873 square foot mixed-use building, on a 2.2-acre irea, containing 1Gl residentialdwelling units, 13,800 square feet of retail and office space, and a paiking garage with 394 parking spaces, and adopt certification of an environmentar impact rep=ort, iorproperty located at 1639 East lmperial Highway) and left the council chambers at 7:33p.m.
8. Response to Public lnquiries - city Manager Gallardo responded to public lnquiries.
PUB,LIC HEARING - This portion of the meeting is for matters that legally require an oppoftunity forpublic input. Audience pafticipation is encouraged and is rimited to s-miiutes per speaier.
I' General Plan Amendment No.2021-04, zone change No. 2021-02, precise DevelopmentNo. 2021'03, and conditionar use permit No. 2021-17 and 2021-,rg: to alow thedemolition of an existing 18,450 square foot movie theater and adjacent surface parkinglot, and arow an approximatery 214,873 square foot mixed-use ouitoing, oi r i.z-""r,area, containing 161 residential dwelling units, 13,900 square feet of relil and officespace, and a parking garage with 394 parking spaces, and adopt certification of anenvironmentar impact report, for property roiated at'r53g East rmperiar iighwav senior Pranner Juan Arauz presented a powerpoint that incruded: the project summary, projectvicinity, entitrement history, requested entiflements, project timerine, prolect moditicatrons,General Plan Use & Zoning, a[owed uses/standards in-c-G zonu, proposuJ pioi".i propor"oparking garage, proposed residential, proposed retail & office sp".i,, "nafy"li CitV ''
deveropment standards, project photo simurations-from Associated noaa 'pro.iecf pr,otosimulations - from Greenbriar Lane, project photo simurarions - from rmperiar/s7 rreeway,cEQA/ElR, noticing, community outreach, notable conditions of approval recommenoation andconclusion. ln response to Mayor H.upp's questions, Community Development Director Killebrew statedthat the city has the obrigation to respond to a[ apirications regarding entittements. nedeferred questions regarding the traffic study to iraffic Engineeir oav6 Roseman- ur.'Roseman explained how traffic studies are ionducted. ln response to Council Member Marick's questions, Nicole Vermillion, placeworks consultant,explained the methodology.based on cEdA guidelines and case taw. sne also exptaineo tnatthe ErR is required to incrude substantiar evid!nce to support their determinations. waad Nadhir, appricant, presented a powerpoint that incruded: photos of the proposed project;the applicant's background; pro.iect description details _ 2 components; "orrrniti---discussions; Pranning commission comments; pranning commission concrusions; communityand business considerations; proiect evorutioni speciflc concerns - schoors, parkingi and airquality; project height; traffic; active parking and iraffic sotutionsi Gtenbrook iron iEquests anavoluntary actions; community benefits; and fiscal impact. ln response to Mayor Hupp's questions, Mr. Nadir stated that over the last year and a half, hehas met with 4 councir Members (Hupp, Marick, simonoff, and vargas) to oi""r..ir,"proposed project. ln response to Council Member Simonoffs question, City Attorney Boga confirmed that Councilcan vote on the item as presented; however, he would need to know riore facts about Aptil 5, 2022
3 communication between the applicant and council Member Vargas before providing a determination.
Mayor Hupp opened the public hearing.
Rick Lenning expressed concern about traflic, parking, population growth, water conservation' and bike safety.
craig Farris thanked council for their consideration and encouraged them to consider the Brea Envisions ideas.
sylvia chase expressed concern about crime due to population increase and stated that the kaffic study is not realistic.
DonaldMinckexpressedoppositiontotheproposedprojectStatingthataS-Storybuilding would be an eyesore and the proposed project doesn't fit in the Brea Plaza' Todd Lancaster stated that the location should remain commercial zoning, noted that the EIR will be challenged, and urged Council to let the voters decide' JohnKhalilexpressedsupportfortheproposedprojectcitingthatthisprojectwillhelpnewand additional workforce.
Richard Licerio expressed suppport for the proposed pro.iect and noted that change is good' Alex Zamora expressed support for the developer and the proposed proiect' JohnTafoyaexpressedSupportfortheproposedprojectstatingthatitwillallowanopportunity for residents to live and work in the same community'
JamieHunt-ParrentexpressedSupportfortheproposedproiectstatingthatitwillbringmore housing to the CitY of Brea.
Zubin-Chichgar expressed opposition to the proposed proiect stating that the location is not adequate.
AaronMcNaughtonexpressedoppositiontotheproposedprojectStatingthattheheightofthe building isn't good for the City of Brea.
TedGribbleexpressedoppositiontotheproposedprojectStatingthetrafiiccongestioninthe area is an issue and the parking will be inadequate'
AdrianEsparzaexpressedsupportfortheproposedproiectstatingthatitwillbringjobstothe City and money to the local schools-
Roland Trudell expressed support for the proposed proiect and stated that current business owners need the additional foot traffic.
Johnathan Lovelace expressed support for increased housing' Elizabeth Hansburg (People for Housing oc), expressed support for additional housing in the City of Brea.
Mark Harris expressed support for the proposed proiect stating that it has great walkability and accommodations.
Aptil S,2022
4 Ken Stahl encouraged Council to approve the proposed project because it will bring affordable housing and assist with reaching the Regional Housing Needs Assessment (RHNAJ goal.
Sasan Afgani expressed support for the proposed project stating housing needs and urged Council to keep funds within the City.
son Mai expressed support for the proposed project stating that businesses in Brea plaza need more customers.
Helen Taylor stated that she hopes that Brea continue to grow but be a livable place, expressed concern about traffic, and expressed opposition to the proposed prolect.
Lynda Hauke expressed support for the proposed project, urged council to be objective, andstated that the city need different options to appeal to the generation that is coming up.
Lee Squire expressed support for the proposed project.
Anna Robb expressed support for the proposed project stating that the city of Brea isinnovative and change is eminent.
Michael Wood expressed opposition for the proposed pro.iect stating that it would beinadequate for the location and that there are traffic issuei in the arla. christine Denbo expressed opposition to the proposed project citing traffic and environmentarrssues.
Luz Renteria stated that residents in the city of Brea shourd adapt to change and nored thatthere is a decline of businesses in the City.
Michael Early expressed support for the project.
Dino Beaver stated that the City of Brea is overbuilt.
Mayor Hupp called a recess at 10:05 p.m.
Mayor Hupp reconvened the meeting at l0:13 p.m.
A-shley cole expressed support_forthe proposed project stating that the city of Brea is in needof a variety of housing choices for the workforce and'urged councir to .rpplrt th" propor"J-project.
Lacy schoen, cEo Brea chamber of commerce, expressed support for the proposed projectstating that having a strong local economy striving foi a diverse and uepenuaute worftorce istop concern.
Raul Lona express opposition to the proposed project citing traffic issues. lrene Lona expressed opposition to the proposed project citing noise and too many housingprojects in the City of Brea.
Kathy Jimenez expressed support for the proposed project citing housing for all.
Bev Perry expre,ssed support for the proposed project stating that the proposed project wiresult in less traffic than additional commercial, retiil or hotei projects at that locatio;. she Aptil 5,2022
5 stated that there will be less car trips each day because many people work from home and there is parking for residents.
Laurel Reimer expressed support for the proposed project stating that it is impelative totave adequate housing and noted that the proposed project meets the goals of the General Plan.
Rosendo oriendo expressed opposition to the proposed project because of the location. wayne wedin expressed support for the proposed project stating that everyone should.be able to discuss issues logically and reasonably and noted that the applicant has been thoughtful of residents desires.
Brandon Chase expressed opposition to the project stating that apartments are not the answer' Hearing no further testimony, Mayor Hupp closed the public hearing' Motion was made by council Member Marick, seconded by council Member simonoff to close the public hearing and continue the item to the April 19,2022' meeting' AYES:MayorHupp,MayorProTemParker,CouncilMemberMarick,CouncilMember Other:
Passed
Simonoff
Council Member Vargas (RECUSE)
ADMINISTRATIVE lTEttll - This agenda category is for City Council consideration of a wide variety of topis retated to the City's operati-ons. Publiclomments regarding items in this section should be presented during "Matters from the Audience-"
,10. Determination of Election sequence for By-District city council Electio_ns;-and lntroduction of ordinance tto. tzzs, Establishing a By-District system for city council Elections
Council Member Vargas returned to the Council Chambers' National Demographics corporation (NDC) consultant, Justin Levitt, presented a PowerPoint that included: the demand letter; City;s options, districting process, redistricting rules & goals, selected map 117, election sequence and next steps'
ln response to council questions, Mr. Levitt explained voter registration and voter turnout. council discussed sequence options, the agreement with Mr. shenkman, possible lawsuit, and the Santa Monica case.
MotionwasmadebycouncilMemberVargas'secondedbyMayorHupptonotproceed with transitioning to by-district City Council elections' AYES: Mayor Hupp, Council Member Vargas, Council Member Simonoff NOES: Mayor Pro Tem Parker, Council Member Marick
Passed
April 5,2022
CONSENT CALENDAR - The City Councit/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staffrequests fuiher discussion of a paiicular item. ltems of concem regarding Consent Calendar matters should be presented duing "Mafters from the Audience."
CITY GOUNCIL - CONSENT
11. 12.
13. 14.
15. 16.
17. 18.
March 23, 2022 City Council Special Meeting Minutes
The City Council approved the March 23,2022 City Council Special Meeting Minutes, as amended to reflect the addition of the Closed Sesslon.
AB 361 Findings for special Brown Act Requirements for Teleconference Meetings The city council made the following findings: (1) the city council has reconsidered the circumstances of the covlD-19 state of emergency; and (2) the covlD-19 state of emergency continues to directly impact the ability of the members of the City's legislative bodies (incliding commissions and committees) to meet safely in person.
Annual consumer Price lndex Adjustments for Avenu lnsights & Analytics and HdL Companies
The city council approved the annual consumer price lndex increase as presented by Avenu lnsights & Analytics and HdL Companies.
Approve Two-Year Extension to the professional services Agreement for Auditing Services with Eide Bailly
The City Council approved the two-year extension with Eide Bailly to perform the annual audits for Fiscal Years 2021-22 and zo2z-23 and authorized the city Minager to execute contract amendments.
Road Repair and Accountabirity Act - Locar streets and Roads Funding program, FiscarYear 2022-23 Proposed Project List The city council adopted Resolution No. 2022-020, approving a project funded by the Road Repair and Accountability Act.
2021 General Plan Annual Report
The city council received and filed lhe 2021 General plan and Housing Element Annual Report; and Direct staff to submit the Housing Element Annual Report io tne nor.inj anocommunity Development (HCD) and Governor's office of pranning and Researcn lden;.
Resolution opposing the Taxpayer protection and Government Accountabirity Act(lnitiative 21 -0042A11 The city council adopted Resorution No. 20?2-021, opposing the Taxpayer protection andGovernment Accountabitity Act (ln jtiative 21 -OO42A1).
Council Member Vargas voted no on this item.
Monthly Report of cash rnvestments for the city of Brea for period Ended January 31,2022 The city council received and filed the Monthly Report of cash lnvestments for the city ofBrea for Period Ended January 31 , 2022.
Monthly Report of Gash lnvestments for the city of Brea for period Ended February 28,2022 The city council received and filed the Monthly Report of cash lnvestments for the city ofBrea for Period Ended February 28, 2022. 't 9.
Aptil S, 2022
20.Outgoing Payment Log and City Disbursement Registers for March 4' 11, 18 & 25 and Aptil l,2022
The City Council received and filed the Outgoing Payment Log and City Disbursement Registers for March 4, 11,18 &25 and Aptil 1,2022.
Motion was made by Council Member Vargas, seconded by Council Member Simonoff to approve Consent Calendar items I l-20, noting a no vote on item 17 for Council Member Vargas.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CITY/ SUCCESSOR AGENCY. CONSENT
21.Monthly Report of Cash lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended January 31' 2022
The city council received and filed the Monthly Report of cash lnvestments for the successor Agency to the Brea Redevelopment Agency for Period Ended January 31,2422' Monthly Report of Cash lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 28,2022
The City iouncil received and flled the Monthly Report of Cash lnvestments for the Successor Agencyto the Brea Redevelopment Agency for Period Ended February 28' 2022' Successor Agency Disbursement Register for March 25' 2022 The City Couniil received and filed the Successor Agency Disbursement Register for March 25,2022.
Motion was made by council Member simonoff, seconded by council Member vargas to approve City/Successor Agency Consent Calendar items 21-23.
AYES:MayorHupp,MayorProTemParker,CouncilMemberMarick,CouncilMember Vargas, Council Member Simonoff
Passed
22 23
24. 25.
26. ADMINISTRATIVE ANNOUNCEMENTS
City Manager
None.
City Attorney
None.
council Requests
None.
COUNCIL ANNOUNCEMENTS
Council Member Vargas stated verbatim "the consultant had to sit through item 9 when the item he needed to speak on was literally 10 minutes and I asked for consideration for myself and consideration for the consultant that had to sit here while that just occurred - that's unfortunate that we did that to him. For myself, I went through a medical procedure today and I am dehydrated and tired. I went home and my plan was lo take a nap and then come back after to make sure that l'm here for this meeting.
April 5,2022
8 When I got home, lturned on the t.v. so I could watch the deliberation and when I heard the discussionabout when you ask Miss Madam Mayor, Mr Nadhir about an act of transparency - who had he metwith, and he was very clear, he said over the last year and a half he has met with four of the five councilmembers and he pointed out Mr. simonoff, Ms. Marick, you and myself. Then you ask questions aboutFPPC violation and then Mr. simonoff you suggested thit we go inio closed session or if we have to goto closed session. The bottom line is, is that a year and a half-ago, Mr Nadir cam" to,ry i,ouse with mywife present and laid out his concept of what he would like to do over there. At the time iwas Mayor pro Tem, and l'm free to meet with anybody at any time. When this project was brought before the planning commission it became an active project, and ihat was about six months "go
so in the lasisix montrsI've not met nor discussed anything about this project. l've stepped out of ireetings, l,ve recused myselfin compliance with the law so ljust feel that it's unfortunate that you used t'at oiportrnitvlo take suchvapors. l'm free to meet with anybody at any time, end I do it all the time.,, He asked city Attorney Boga if he had any apprehension with him meeting with consurtants andhearing what their concerns are as long ai he doesn't express opinions during private meetings? City Attorney Boga stated that based on what he heard and what he knows so far, he doesn,t have anyconce[ns as he previously stated. ln response to council Member v^argas'.question, city Attorney Boga stated that receiving campaigncontributions does not disqualify council Members from participating in a decision. counJil MemoerVargas noted that he has not received campaign contributions since he was elected in 201g andexpressed disappointment in the Mayor's questioning.
Mayor Hupp stated that she wanted people to know that some Council Members met privately with thepeople that are in opposition to the project and with Mr Nadhir. lVlayor Pro Tem Parker reminded his colleagues about perception.
ADJOURNMENT
Mayor Hupp adjourned the General Session at 11:17 p.m.
Respectfully submitted,
Lillian Ha al, City Clerk
The foregoing minutes are hereby
approved this 1gth d
Cecilia Hupp, Mayor
Aptil S, 2022
9 oI Aptil, 2022.