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Minutes

Brea City Council
April 19, 2022

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Minutes
Meeting
April 19, 2022
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Brea City Council
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BREA CITY GOUNCIL

SUCCESSOR AGENCY TO THE

BREA REDEVELOPMENT AGENCY

MEETING
M!NUTES
APRTL 19,2022

STUDY SESSION
6:00 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL. COUNCIL
Mayor Hupp called the Study Session to order al 6:00 p.m., Mayor pro Tem parker and councilmembers Marick and simonoff were present in-person; ind councilmember vargas waspresent via zoom.

Present: Hupp, Parker, Marick, Vargas, Simonoff

1. Public Comment
None.
3 2. Clarify Regular Meeting Topics
Regarding ltem18 (April 5,2022 City Council Regular Meeting minutes), City Clerk Harris-Nealnoted that they will be amended to reflect that Council Member Vargas'iecuied himself fromItem g and the voting for that item will reflect his recusal. Mayor Huip requested that tne namesof the Council Members that met with the developer for ltem g be added io the minutes. MayorPro Tem Parker requested that the minutes reflect thal council Member vargas lett the councilchambers when he recused himself. councir Member vargas requesteo tnainis announcement at the end of the meeting be typed verbatim.

DISCUSSION ITEMS
Water and Sewer Rate preliminary Discussion
Eric collachia, NewGen strategies & solutions consultant, presented a powerpoint thatincluded the cost of services/rate study process; summary of data and assumptions;recommended rates - inside city; initial study results - water fund; initial study iesults - sewerfundi and customer bill impacts. ln response to council questions, Revenue Manager Faith lvladrazo confirmed that theincrease is driven by the necessary change in the sewer rate, noted that staff looked at thesewer infrastructure to access the cost; discussed outreach; reported that increasing rates atthis time would result in low impact to residents; discussed phasing in rates; specifie"d that theinfrastructure is aging; confirmed that the capacity to serve is driving the increase in costjreminded council that some cities are adding an infrastructure fee; ind directed staff to findways to relay the proposed cost increase to residents.

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4 Discuss Awarding contract with Three Peaks corp. for the Brea Downtown Parklets Project, CIP No. 7328 ("Project")
Pub-lic Works Director Michael Ho stated that the City received hvo (2) bids with the lowest bidder being Three Peaks lnc. for six (6) parklets along Birch street and one in front of The Yardhouse Restaurant. He presented a PowerPoint that included the overview site plan, the different concepts and the project summary.
council discussed the types of desired landscape, landscape maintenance, sails for shade, lighting, furniture, safety, phasing in the parklets to allow stafi time to monitor the usage, specified use parklets, parking, the Yardhouse parklet, and funding.

The item will be brought back to Council for final approval.

Arovista Park Modernization Update
Assistant community services Director sean Matlock and Maintenance services Superintendent Bill Bowlus presented a PowerPoint that included the outreach and concept development timeline; prioritization; costs; other community projects; fund balancesi proposed base pioiect; parks, Recreation and Human Services Commission feedback; Arovista Park modeiniiation funding summary and shortfall; next steps; and construction timeline. ln response to Mayor Pro Tem PaIker'S question, Maintenance and Services Superintendent Bowlus stated that the design plans will include all desired priorities. ln responSe to Council Member Marick's question, Maintenance and Services Superintendent Bowlus stated that a splash pad at Arovista Park isn't a preference of the Parks, Recreation and Human services commission, however, they would like to have some type of sensory water feature there.

REPORT
5 Council Member RePoruRequests
None.

Mayor Hupp adjourned the Study Session at 7:03 p.m.

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
Pledge of Allegiance
City Clerk Harris-Neal led the Pledge of Allegiance
lnvocation
Doug Green, North Hills Church, delivered the lnvocation.

Proclamation: Arbor DaY
Mayor Hupp, on behalf oithe entire City Council, presented Maintenance Services Supervisor Beckman with a proclamation in honor of Arbor Day.

CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Hupp called the General Session to order at 7:"lO p.m., Mayor Pro Tem Parker.and Councilmembers Marick and Simonoff were present in-person, and Councilmember Vargas was present via zoom.
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April 19, 2022
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11. 12.

13. Proclamation: National Donate Life Month
Mayor Hupp, on behalf of the entire City Council, presented Lian Magana a proclamation on behalf of Donate Life for National Donate Life Month.

Report - Prior Study Session
City Manager Gallardo provided a report on the prior Study Session Community Announcements
council Member simonoff announced that the Love Brea is saturday, April 23 and indicated that there is still time to sign-up for a project or serve as a project leader. lf residents cannot make it, but would love to participate, they can donate hygiene kits the day ofthe event. To sign-up, visit LoveBrea.org or for more information.
council lvlember Marick announced that the city wants your feedback to learn how The Tracks at Brea Trail could be improved. please take a brief online survey by visiting the city's website, cityofbrea.net.

Mayor Pro Tem Parker announced that the.Frea police Department is hosting a prescription Drug Take Back Day on saturday, Aprir 30th from 10:00 a.m. to 2:00 p.m. atihe circurai driveway of the civic and cultural center. For more information visit Eireapolice.net.

Mayor Hupp invited the community to a day of fun activities at the Fire Department and public works open House on saturday, May 7 from 1o:00 a.m. to 2:oo p.m. at Fire station .r and thecity service center. she stated that the family-friendly event will feature equipment and vehicle displays, demonstrations, refreshments, and giveaways. Residents wi also have opportunities to learn about water and energy conserva[ion, recycring, composting, andthe careful disposal of eleckonic or hazardous wiite. For more informatioi visit cityofbrea.net.
council Member Marick announced that effective May 1, the Brea police Department will beginovernight parking enforcement at city owned park loti, commercial parking lots, andstructures. she reminded the community that residents without adequate-privaie, off-sheetparking in their garage, carport, or driveway may apply for the city's annual parking p"rritiopark overnight on city streets. Queslions can be directed to [email protected] or (714) 671-4406.

Matters from the Audience
Lee squire reminded residents that the Holocaust Remembrance Day is April 2g, 2022 and heexpressed support for the Brea plaza project.

Carolyn Dail expressed opposition for the Brea Plaza project stating that the project does nol fitthe character ofthe city of Brea and indicated hat housing density ihould be consistent.

Todd Lancaster expressed opposition for the Brea plaza project stating that the project is toobig, urged council to srow down, and expressed support ior a commerciar business at thelocation. craig Farris expressed support for the project stating that it wilr enhance the community,encouraged a high quality design and flexibility, noted that the project will assist businelses during the economic downturn, supported affordable housing and urged council to approve theproject.

Ted Gribble stated that the zone change and general plan amendment would be a gift to thedeveloper, noted that the project is not needed to satisfy the Regional Housing Nee-ds Assessment (RHNA) numbers, and stated that the proposed revision does noi mitigate Aptit 19,2022

residents' concerns.

Zubin Chichgar expressed concern about traffic and maintenance at the parks in the City and expressed opposition to the project stating that condos would be better at that location and urged Council to vote no on the project.

Donald Minck expressed opposition to the Brea Plaza project citing the noise and traffic. He stated that a soundwall, speed humps on Aurora and a signal light on Red Bay are needed.

Kelly Rogers inquired about parking permits and enforcement. she also expressed support for adding more 3-bedroom apartments in the City.

Rick Lenning expressed opposition to the Bfea Plaza project citing traffic, bicycle safety, ingress/egress, and the methodology of the traffic study. sylvia chase expressed opposition to the Brea Plaza proiect stating that residents should decide on what should be in the shopping center'
Lacy Schoen, Brea Chamber of commerce, expressed support for the project citing that the workforce in Brea is also in support of the project.

City Clerk Lillian Harris-Neal read three (3) comments that she received via email: Richard and JudyRamseyareinSupportoftheprojectandCarolynDailandMarywalkerareopposedthe project. Their comments can be accessed online.

14. Response to Public lnquiries - Mayor / City Manager City Manager Gallardo responded to the public inquiries' PUBLIC HEARING - This portion of the meeting is for mafters that tegally require an oppofiunity for piirc input. Audience pariicipation is encouraged and is limited to 5 minutes per speaker. 1S. lntroduction of Ordlnance No. 1227, Adopting Police Department's Military Equipment PolicY
Police captain Dickinson presented a PowerPoint that included the inkoduction of AB 481 ; and provided the requirements and current compliance with AB 481 ' Mayor Hupp opened the public hearing.

Ted Gribble asked about excessive firepower.
council Member simonoff explained that the firepower that the Brea Police Department has is to address issues if they occur. Police captain Dickinson further explained the equipment and their uses.
council Member vargas stated that there is a rifle for each police officer and noted that the Ordinance is a State law requirement.

Motion was made by council Member vargas, seconded by council Member_simonoff to lntroduce Ordinanc; No. 1227, adopting Police Department's Military Use Policy, by title only, and waive further reading.

AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
April 19,2022
4 ADMINISTRATIVE ITEMS - This. aOenla category is for City Council consideration of a wide variety oftopics related to the City's operations. Public comments regarding items ln this secfion shoulcl bepresented duing "Matters from the Audience.,'

16. General Plan Amendment No.202r-04, zone change No. 2021-02, precise DeveropmentNo' 2021-03, and conditionar use permit No.2oz1,n and 2021-1g: to a[owthedemolition of an existing 18,450 square foot movie theater and adjacent surface parking lot, and allow an approximately 2i4,g73 square foot mixed-use buitOing, on ^ i.z-r"r.area' containing {61 residential dwefiing units, 13,g00 square feet of reiail and officespace' and a parking garage with 394 parking spaces, and adopt certification of anenvironmentar impact report, for property rocated at'r639 East rmperiar HighwayCouncil Member Vargas recused himself and left the meeting. community Deveropment Director Jason Kiflebrew indicated that the appricant madeadjustment and requested changes. He presented a powerpoint that "no*"a in" piopo"eoamendments.

Assistant Pranner, Juan Auraz, presented a powerpoint that incrude the project summary,development standards -. revised proiect, comparison of zoning a"srgn"tioni, anriv"i" -revised project, project photo simurations - from Associated R;d, a;d staffs recommenoation ln response to Council questions, staff discussed traffic signalization, traffic signal installations,the approximate number of new students to be acquired oue to the pro;".t, nriNtn, hor.ingelement tabres, Mercury^site,.workforce housing, current zoning, traffic, property rignts, optionsfor turning on Red Bay, OCTA,s response to th; ElR, HOA improvement requests, planning commission requirements, .height of the structure, methodorogy appried, traffic studies, cEQA,radar traffic sign, speed rimit, righting, positive impacts, rocar *"trii, o"t""iiu itv *it tt "potential of a lawsuit, soundwall, and satisfying the General plan goals.

Mayor Hupp recessed the meeting at g:05 p.m.

Mayor Hupp reconvened the meeting at 9:12 p.m.
city'Attorney Terence Boga read a Memorandum that he addressed to council that provides abriefing on a procedural requirement that must be satisfied if council *ist "i to "ppi;ru tn"modified Brea praza project changing the zoning designation to Mixed use tr. Hl iiteoGovernment code section 20.4o4.oio and statid thaicouncil shall referthe mattei uact< tothe Planning Commission to safisfy the desired zone change. councir referred the item back to.the pranning commission to address the proposed zoneamendment, discussed the developer's agreement to install a traffic signrt pri*1i tne i"sr"nc"of building permits and maintaining local iontrol. council Member Marick applauded the residents and the applicant for their input and time andnoted that there are constraints and there is a need for variety of housing types in the city.Council concurred with Council Member Marick,s comments.

Motion was made by Council Member lrrlarick, seconded by Council Member Simonoff Staffrecommends that the city councir take the forowing actions: Approve Resorution *o. ?9??-O:O certifying Envjronmentat tmpacr Reporr lEtR;, State Ci""ringnor"" iG.2o20o79oz2i and rntroduce-by tifle onry and waive further reading of drdinance-No. 1 226approving Zone change (zc) No. zo21-02 to change the zoning -or the site trom c_c toMU-,; and Approve R€soluti-on No. 2022_031 appr6ving precis; De;et*r"ni ip6t ruo.2021-03 for the demolition of an 18,450 square foot ,ovi" theate, "no "01"""ni "rrrr""
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parking lot, to allow an approximately 187,477 square foot mixed-use building' on a Z.Z-^i.aiea, consisting of 1S5+esiiential dwelling units, 13,800 square feet of commercial "p"*, ,"a , 'prtking garage with 871 parking spaces,.based on the findings and conclusions in the attacned resolution, and subiect to the recommended conditions of "ppi""iL
and Approve Resolution No. 2022-032 approving Conditional Use Permit (CUP) r.io. zozt-rz to ailow modifications to the off-street parking requirements and CUf \o .

ZOZi-ra to amend the Brea Plaza comprehensive sign program, both based on the flndings anJ conclusions in the attached resoluiion and subject to the recommended conditions of ,pptoruf; and Approve alternative Condition "K" as set forth in the staff report with the ,tom"riion tnaiitre required tratfic light be installed prior to issuance to building permits ;;ih"rih;" prior to issuance of certifiiate of occupancy; and Refer to the Planning Cor.i..ion consideration of General Plan Amendment No' 2021-04 to change General prr" i""a use designation of the site from c-G to MU-lt and zone change No. 2021-02lo th"ng; tn" .onit g o-f the site from C-G to MU-ll; and Schedule Approve Resolution No' i.oli-ol'z
"pproring
General Plan Amendment No 202'l-04 to change the General Plan tand Use designation of the proiect site from C-G to MU-ll' .at nexl regular council meeting att"i r"rie* an-d recommendation from the Planning Commission; and Schedule adoption of Ordinance No. 1226 approving Zone Change No 2O21-02 to change the zoning.ofthe .itu fro. C-G to MU-ll at next reiular council meeting after review and recommendation from the Planning Commission.

AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick' Council Member Simonoff
Other: Council Member Vargas (RECUSE)
Passed
Traffic Signal lmprovements at Brea Boulevard and Lambert Road Traffic Engineer Dave Roseman pio,la"O ttt" background' proposed safety enhancements and fiscal impact.

Mayor Hupp asked staff to review the possibility of having a no right turn at Laurel Elementary from Birch Street.

Mayor Pro Tem Parker clarified the locations of the no right turn' Motion was made by Council Member Simonoff' seconded by Mayor Pro Tem Parker to concur with tne instittation of the following traffic safety enhancements: Upgrade School Zone Signage .no ftll"tiing.; lncrease th6 Passenger Loading Zone on-Brea-Boulevard; tmpemJnt i Leaaint iedistrian lnterval{or.the East Leg Crosswalk; and lmplement Electronic variable io-RighrTurn Signs for westbound & Northbound Traffic.

AYES: Mayor Hupp, Mayor Pro Tem Parker' Council Member Marick' Council Member Vargas, Council Member Simonoff
Passed
coNSENTcALENDAR-TheCitycouncit/SuccessorAgencyapprovesallconsent.calendarmafters with one motion untess cour"iiA6"iii i, Staff requesfs-fu fiier discussion of a pafticular item. ltems of iiii"i igurang Consent Cateidar matters should be presented during "Mafters from the Audience " CITY COUNCIL . CONSENT
Aptil19,2022
6 April 5, 2022, City Council Regular Meeting Minutes
The City Council approved the April S, 2022, City Council Regular Meeting t\ilinutes as amended.

City Manager
None.

25.City Attorney
None.

Council Requests
None.

AB 3-61 Findings for speciar Brown Act Requirements for Tereconference Meetings The city council made the following flndings: (1) the city council has reconsidered thicircumstances of the covrD-19 state of emergency; ano (z) the covlD-l9 state of emergencycontinues to directly impact the ability of the members of the city,s legislative uooies 1in;iorngcommissions and committees) to meet safely in person.

Annual Engineer's Report for Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7The city council received and approved the Annuar Engineer,s Report foi Landscape andLighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopt the Resorutions Nos.2022-22-28 to set a Public Hearing for each Dishict on JuneT,2022, at 7:00 p.m.

Adopt Resolution Authorizing submission of Apprication to ocrA for competitive M2 5yna_i1O under the Comprehensive Transportation Funding program The,city councir adopted Resorution No.2or2-o2g approving the sulmittar of an apprication tothe orang_e county Transportatiox Authority (ocrA) ior funding under the competiiive M2Regional Capacity Program (RCp).

Amendment No. 2 to Software as a Service Agreement with Accela, lnc, in an amountnot-to-exceed 914,181 TIe gity council approved Amendment No.2 to the software as a service Agreement(saas) with Accela, lnc, an electronic permitting software, to increase the number of licensedusers; Authorized the city Manager to issue up to three one-year extensions per the contractrates stated in the saas; and Authofized the city Manager to adjust the number of users asneeded based on the rate detared in the saas ano ao.iuit the contract amount accordingry inan amount not-to-exceed $14,191. outg-oing, Payment Log and city Disbursement Registers for Aprir g and,ls,2oz2The city councir received and fire the outgoing paymJnt Log ano iity Disbursement Registersfor April 8 and 15, 2022.

Motion was made by councir Member Vargas, seconded by Mayor pro Tem parker toapprove Consent Calendar ltems 1g_23.

AYES: Mayor Hupp, Mayor pro Tem parker, councir rVrember Marick, councir MemberVargas, Council Member Simonoff Passed

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ADMINISTRATIVE ANNOUNCEMENTS

23. COUNCIL ANNOUNCEMENTS
None.

ADJOURNMENT
Mayor Hupp adjourned the General Session at 10:05 p'm'
Respectfully submitted,
Liili an arris-Neal, City elerk
The foregoing minutes are herebY
approved this ot May,2022.

Cecilia Hupp, MaYor
Aptil 19,2022
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