BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
JULY 19,2022
CLOSED SESSION
5:30 p.m. - Executive Conference Room
Level Three
CALL TO ORDER / ROLL CALL - COUNCIL
Mayor Hupp called the Closed Session to order at 5:31 p.m., all members were present
Present: Hupp, Parker, Marick, Vargas, Simonoff
1. Public Comment
None.
3 Closed Se ssion may convene to con sider matters of purchase / 35le of r6el property (G. C. S54956.8) pending litigaton [G.C.S54956.9(d)(1)] potsnrtal Iitigalron iG.C. 954956.9(dX2X3) or (4)1, liabrlty claims (G. C. S54961) or pe.lonnel it.m3 (G.C.S54957.6) Records not availsble lor public iflspecton 2 Conference with City's Labor Negotiator Pursuant to Government Code g&t957.6 Regarding the Brea Police Association (BPA) and the Brea Fire Management Association (BFMA) - Bill Gallardo, Negotiator and Laura Kalty, LCW Attorney.
Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b). Title: City Manager
4. STUDY SESSION
6:15 p.m. - Executive Conference Room
Level Three
Public Comment
None.
Clarify Regular Meeting Topic
None.
5 July 19,2022
1 Conference with Legal Counsel Pursuant to Government Code Section 54956.9(dX2) - Anticipated Litigation. Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Cox Castle Nicholson Challenge To Brea Plaza Project Referendum Mayor Hupp adjourned the Closed Session at 6:09 p.m.
CALL TO ORDER / ROLL CALL. COUNCIL
Mayor Hupp called the Study Session to order al 6:'15 p.m., all members were present.
5. 7
DISCUSSION ITEMS
Overview of the City's Public Service Community Facilities Districts (CFDsl Administrative Services Director Griffith provided a presentation and spoke about the CFDs background, Mello-Roos Community Facilities Act, Public Services CFDs, eligible service costs, consideration, FY 2022-23 rate and levy summary, FY 2022-23 affordable housing rate and levy summary, and FY 2022-23 expenditure summary.
Council discussed the rates at which each development's CFD is assessed and each community public benefit that resulted based on the associated Development Agreement, noting Summer Wind having the highest assessment while doing the least and Central Park's assessment being lower because of their contributions. They also discussed contributions from the Blackstone and La Floresta communities.
Ivlayor Hupp spoke about eligible service costs, noting that property taxes already pay for adding first responders in the area. She indicated that she feels that newer developments are paying twice for the same services in the form of higher property taxes and CFDS.
Councilmember Marack indacated that new developments add additional costs, and others shouldn't have to bear the cost of that burden. She noted that CFDs were to ensure services are maintained with the additaon of new developments; and the impacts of Prop 13 on property tax revenues.
Council discussed how ADUs would be taxed under the CFD, levels of affordability, and base tax rates.
Mayor Hupp indicated that she is supportive of CFDs which support a physical entity, and expressed interest in sun setting any CFD that supports police and fire services.
Councilmember Marick indicated that to have the scenario Mayor Hupp mentioned, the stipulations must be outlined in the Development Agreement in order to have the developers pay the net present value as the costs do not end.
Council expressed interest in seeing the comparison of expenses and revenues as a result of the CFDS.
REPORT
Council Member ReporURequests
Council came to the consensus to pull ltem No. 22, Agreement with Carbon Solutions for Upgrades to Electric Charging Stations at the Brea Civic & Cultural Center.
Councilmember Simonoff spoke about the Vons closure and requested staff look for a solution to assist the seniors in the area.
Mayor Hupp adjourned the Study Session at 6:50 p.m.
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
8 CALL TO ORDER/ ROLL CALL. COUNCIL
Mayor Hupp called the General Session to order at 7:00 p.m., all members were present.
July 19,2022
2 9
lnvocation
Rick Darden, Friends Community Church, delivered the lnvocation.
Presentation: Orange County APA Award
Laurel Reimer, Orange County American Planners Association, spoke about the Planning Awards and presented two (2) awards to the City of Brea. Community Development Director Killebrew received the Award of Merit in Public Outreach and Award of Excellence in Transportation Planning lor Connecting the Core on behalf of the City.
Report - Prior Study
City Manager Gallardo provided a report on the prior Study Session and indicated the Council would like to pull ltem 22, Agreement with Carbon Solutions for Upgrades to Electric Charging Stations at the Brea Civic & Cultural Center, and bring it back at a later time.
Community Announcements
Councilmember Vargas announced that during this time of year, coyotes can be more visible and indicated thal the City of Brea wants to help residents stay safe by providing a checklist to deter coyotes in the community. A yard audit checklist to reduce wildlife attractants, and to learn how to report coyote sightings can be found at cityofbrea. neucoyotes.
Mayor Pro Tem Parker announced that the Proposed Water Rate lncrease hearing has been rescheduled and has been moved to the August 16th City Council meeting.
Councilmember Marick that the next Concert in the Park featues Neon Nation, playing all your favorite 80's hits. The concert will take place on Wednesday, July 20th at 6:30 p.m. at City Hall Park. She also announced that the last Family Film of the summer features Disney's Moana, on Friday, July 22nd at 8:00 p.m. at the Brea Civic and Cultural Center Plaza.
Councilmember Simonoff announced that Brea Fest is back! Guests are invited to sample delicious food and beverages donated from local restaurants while enjoying live entertainment. Brea Fest admission, entertainment and parking are free and there is a nominal charge of $4 per ticket that can be used for food or beverages. For the first time ever pre-sale tickets can be purchased at a discounted rate, starting July 27 through August 10.
Proceeds from the event support Brea's Art Programs, such as the Curtis Theatre, Brea Art Gallery, and Concerts in the Park.
Mayor Hupp announced that the City will be hosting the National Night Out event in Downtown Brea on Tuesday, August 2nd from 4:00 to 8:OO p.m. Attendees will be able to check out the City's emergency vehicles, K-9 demonstration, meet our police officers and firefighters, learn about recruitment opportunities, and so much more.
Mayor Hupp announced that the Consent Calendar items will be taken out of order and prior to the Administrative ltems.
Mayor Hupp read a letter into the record received from Brea Plaza owner and project applicant, Waad Nadir, regarding ltem 17, Reconsideration of General Plan Amendment No GPA 2021-04 for Property Located at 1639 E. lmperial Highway (Brea Plaza Shopping Center).
10. 11.
12. 13.
July 19,2022
3 Pledge of Allegiance
Boy Scout Troop 707 led the Pledge of Allegiance.
14.Matters from the Audience
Debbie Louis thanked the Brea Police Department for their arrest of the 7/1 1 crime spree suspects. She also thanked Mayor Pro Tem Parker and Councilmember Vargas for explaining the change to the Council Protocols and Procedures at the previous Council meeting.
Dino Beaver spoke about over building in the City ltem 17 and requested the Council add the referendum regarding Brea Plaza to the ballot-
Sean Thomas spoke about ltem 17 and applauded Brea Resident, Todd Gribble, for his efforts in bringing the referendum to the ballot. He encouraged the Council to place the measure on the ballot and spoke about new water conservation regulations.
Mary Martinez spoke in opposition to the rezoning of Gaslight Square and the history of Laurel Elementary School and surrounding development. She requested the City Council deny any changes to the zoning at Gaslight Square.
Kari Windes spoke in opposition to the rezoning of Gaslight Square and implored the community to voice their opinion to the Planning Commission.
Ted Gribble spoke about the Brea Plaza referendum, campaign contributions, and thanked the volunteer signature gatherers in the City.
Kurt Reimer spoke in support ofthe Brea Plaza project, property and land rights, and applauded the Council. He also spoke about Districting.
Dwight Manley spoke about the parking study at Brea Plaza, the referendum, Council Policies and Procedures, gated communities, term limits and districts.
City Clerk Harris-Neal indicated she received a total of 64 written correspondence from the public regarding three (3) separate matters: Brea Plaza, Brea 265 and Gaslight Square,49 of which were in support of Brea 265, one (1) letter in opposition to Brea Plaza, one (1) letter encouraging Council to put the Brea Plaza referendum on the ballot, 12 letters opposing the zone change at Gaslight Square and one (1) requesting to see the School District's plan before making any decisions regarding zoning at Gaslight Square.
15.Response to Public lnquiries - Mayor / City Manager
Mayor Hupp responded to public rnquiries.
PUBLIC HEARING - This porlion of the meeting is for matters that legally require an oppoiunity for public input. Audience padicipation is encouraged and is limited to 5 minutes per speaker.
16.Water and Sewer Rates
This item is continued to the August 16,2022 Regular City Council Meeting.
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 ln fhls secfion should be presented duing "Matters from the Audience."
July 19,2022
4 18.
Mayor Pro Tem Parker inquired as to the cost of putting the item on the ballot for the upcoming election, and if the property owner has a right to withdraw the project after approval.
ln response to Mayor Pro Tem Parkers inquiries, City Clerk Herris-Neal indicaled that the cost for the measure on the ballot would be an amount to be determined by the County Registrar of Voters in addition to the roughly $12,000 that was incurred for signature verification on the petition.
City Attorney Boga indicated that the Council must make the decision at this time whether to repeal the resolution or place the measure on the ballot, Councilmember Marick inquired what uses are permitted by right or by CUP under the old zoning.
Communaty Development Director Killebrew indicated that the zoning will now revert to CG, General Commercial, as was the existing zoning prior to the zone change and the uses permitted by right would include health center, hotel, theater, and by CUP would be uses such as a motel, mortuary, or hospital.
Council discussed existing Bills with the State Legislature regarding the right to build and its impacts to local control.
Motion was made by Council Member Marick, seconded by Council Member Simonoff toaApprove Resolution No. 2022-053, repealing Resolution No. 2022-033 to rescind approval of General Plan Amendment No. GPA 2021-04 for the Brea Plaza Shopping Center at 1639 E. lmperial Highway.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Simonoff
Other: Council Member Vargas (RECUSE)
Passed
Environmental lmpact Report No.2022-01, General Plan Amendment No. 2022-01, Zone Change No. 2022-0'l, Specific Plan No. 2022-01, and Development Agreement No. 2022-0'l lBrca 265 Specific Plan)
Community Development Director Killebrew provided a presentation and spoke about the project summary; requested entitlements; background; and City Council discussion items, including traffic, road improvements, bike lanes/trails, sustainable design, water usage supply, housing/schools, product types, public benefit. He also noted updates to the draft Conditions of Approval and Development Agreement and summarized a handout that was provided to the Council and the public regarding suggested edits to CC&R'S regarding additional revenue to benefit Chino Hills State Park, and provided updates to the project documents. With respect to housing type, he indicated that through the plan review process, staff will evaluate from a design guideline standpoint, specific plan approval and any applicable City ordinances to approve proposed structures and that the speciflc plan was designed through maximums with associated heights of the structures.
Council discussed Vehicle Miles Traveled (VMT), vehicular gating proposal; pedestrian access; contribution of water shares; affordable housing; public safety service fees and July 19, 2022
5 17. Reconsideration of General Plan Amendment No. GPA 2021-04 Fot Property Located at 1639 E. lmperial Highway (Brea Plaza Shopping Center)
Councilmember Vargas recused himself from the discussion.
duration of the fee assessments; estimated revenue from project at build out; interest in a police substation in the area; wayfinding signs to police station and potential substation; traffic flow; timeframe for project build-out and phasing; single-story versus two-story residences; and black walnut trees.
Police Chief Hawley addressed Council questions regarding public safety and population density, and indicated the Department has forecasted the reallocation of resources from a patrol perspective in anticipation of future development, with a goal being to increase police presence and visibility in the area. He also rndicated that features incorporated in the Development Agreement that tie in to the future integrated crime center will leverage technology to deter crime and increase likelihood of solving crimes.
Discussion ensued related to the 100-year term of the police staffing fee as outlined in the draft Development Agreement.
ln response to Council discussion, Community Development Director Killebrew indicated that if there is mutual agreement between the parties of the Development Agreement, there is an opportunity to come back to the table if so need.
Motion was made by Council Member Marick, seconded by Council Member Vargas to adopt Resolution No. 2022-058, certifying a California Environmental Quality Act (CEQA) Environmental lmpact Report (ElR), State Clearinghouse No. 2020079022, and adopting Findings of Fact (FOF), a Statement of Overriding Considerations (SOC), and a Mitigation Monitoring Program (MMP); adopt Resolution No. 2022-059, approving General Plan Amendment No. 2022-0'l to amend the General Plan Land Use designation ofthe Project site from Hillside Residential and Low Density Residential to Specific Plan, based on the findings and conclusions in the attached resolution; and lntroduce by title only and waive further reading of Ordinance No. 1229, approving Zone Change No. 2022-01 to amend the zoning designation of the Project site from HR and R-1 to Specific Plan, based on the findings and conclusions in the attached ordinance; adopt Resolution No. 2022-060, approving Specific Plan No. 2022-01 for the Brea 265 Specific Plan, based on the findings and conclusions in the attached resolution, and subject to the recommended conditions of approval; lntroduce by title only and waive further reading of Ordinance No. ',l230, approving Development Agreement No. 2022-01, based on the findings and conclusions in the ordinance; and Schedule adoption of aforementioned Ordinances at the next regular City Council meeting.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonofi
Passed
CONSENT CALENDAR - The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests fufther discussion of a pafticular item. ltems of concern regarding Consent Calendar mafters should be presented during "Matters from the Audience."
CITY COUNCIL - CONSENT
June 21, 2022 City Council Regular Meeting Minutes
The City Council approved the June 21, 2022 City Council Regular Meeting Minutes as written.
19. July 19, 2022
6 22
23 20.
21. 24.
26. 27.
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 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.
Accept a $133,244.52 California Highway Patrol Cannabis Tax Fund Grant Program Award for DUI Enforcement Training
The City Council adopted Resolution No. 2022-054, acceptrng a State of California Cannabis Tax Fund Grant Program (CTFGP) Award for training in the areas of education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, in the amount of $133,244.52, for the one-year grant program which began July 1,2022 and ends June 30,2023.
Agreement with Carbon Solutions for Upgrades to Electric Charging Stations at the Brea Civic & Cultural Center The City Council pulled this item.
Authorization to Execute Contractual Services Agreement Between City of Brea and NEOGOV for Recruitment and Onboarding Software Services The City Council approved the agreement between the City of Brea and GovernmentJobs.com, lnc. (.NEOGOV) and on behalf of itself and its subsidiaries PowerDMS, lnc., Cuehit, lnc., Ragnasoft LLC (D/B/A/ PlanlT Schedule), and Design PD, LLC (D/B/A Agency360).
Annual Vehicles and Equipment Purchase Plan for Fiscal Yeat 2022-23 The City Council authorized the Purchasing Agent to issue purchase orders in an amount not-to-exceed $1,407,500 for various City vehicles and equipment described in the Annual Vehicles Replacement Plan for Fiscal Year (FY) 2022-23.
Approval of Fiscal Year 2022-23 Property Tax Rate to Fund the City's Paramedic Program
The City Council adopted Resolution No. 2022-055, a Resolution ofThe City Council ofthe City of Brea fixing the rate of tax upon the taxable property within the City of Brea for the Fiscal Year 2022-23 necessary to maintain a mobile intensive care program known as paramedics within the area of the City of Brea and certifying said rate of taxation to the Orange County Auditor-Controller.
Self-Contained Breathing Apparatus Replacement
The City Council ratified the order placed with All Star Fire Equipment for the purchase of Scott Air-Paks, SCBA bottles, masks, and voice ampliflers in the amount of $289,829.49 including sales tax.
Amend Executive Compensation Plan to Set the Employer Medical Health Benefit Gontribution Amount to the Public Employees' Medical and Hospital Care Act (PEMHCA) Minimum
The City Council approved Resolution No. 2022-056, amending the Executive Compensation Plan to set the Employer Medical Health Beneflt Contribution Amount to the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for executives and retired annuitants.
Applicants Agent Resolution for Homeland Security Funds The City Council adopted Resolution No. 2022-057, authorizing and designating City staff to perform as an Applicants Agent to complete and sign State and Federal documents related to homeland security, disaster response and disaster recovery. 25 28
July 19, 2022
7 29.Monthly Report of Cash lnvestments for the Gity of Brea for Period Ending May 31, 2022
The City Council received and flled the monthly Report of Cash lnvestments for the City of Brea for Period Ending May 31,2022.
30 Outgoing Payment Log and June 24 and July 1 & 8, 2022 City Disbursement Registers The City Council received and filed the Outgoing Payment Log and June 24 and July 1 & 8, 2022 Cily Disbursement Registers.
Motion was made by Council Member Vargas, seconded by Council Member Simonoff to approve City Council Consent Calendar ltems 19 - 30, except ltem 22.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
CITY/ SUCCESSOR AGENCY - CONSENT
31.Monthly Report of cash lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ending May 31, 2022
The City Council, as the Successor Agency, received and filed the Monthly Report of Cash lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ending May 31,2022.
32 June 24 and 30,2022 Successor Agency Oisbursement Registers The City Council, as the Successor Agency, received and liled the June 24 and 30,2022 Successor Agency Disbursement Registers.
Motion was made by Council Member Simonoff, seconded by Council Member Vargas to approve City/Successor Agency Consent Calendar ltems 31 - 32.
AYES: Mayor Hupp, Mayor Pro Tem Parker, Council Member Marick, Council Member Vargas, Council Member Simonoff
Passed
ADMINISTRATIVE ANNOUNCEMENTS
33.City Manager
None.
34.City Attorney
None.
35. COUNCIL ANNOUNCEMENTS
Councilmember Simonoff spoke about the Vons closing and announced that staff is working on a solution for the seniors in the area.
July 19, 2022
8 Council Requests
None.
ADJOURNMENT
Mayor Hupp adjourned the General Session at g:47 p.m-
Respectfully subm
LiIi Neal, City Clerk
The foregoing minutes are hereby
approved this day of August, 2022.
Cecilia Hupp, Mayor
July 19,2022I