BREA CITY COUNCIL
SUCCESSOR AGENCY TO THE
BREA REDEVELOPMENT AGENCY
MEETING
MINUTES
MAY 16, 2023
CLOSED SESSION
5:00 p.m. - Executive Conference Room
Level Three
and
Killarney Towers, Lobby
Town Centre
Killarney V93 HP7A
Ireland
CALL TO ORDER ! ROLL CALL - COUNCIL
Mayor Simonoff called the Closed Session to order at 5:00 p.m. All members were present with Councilmember Vargas participating via Zoom teleconference.
Present: Simonoff, Marick, Hupp, Stewart, Vargas
1. Public Comment
None.
Closed Session may convene to consider matters of purchase 1 sale of real property (G. C. §54956.8), pending litigation (G.C.554956.9(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 City's Labor Negotiator Pursuant to Government Code §54957.6Regarding the Brea Management Association (BMA), Brea City Employees' Association (BCEA), and Administrative and Professional Employees' Association (APEA).- Bill Gallardo, Negotiator and Laura Kalty and Oliver Yee LCW Attorneys.
3. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation. Name of Case: Aguirre et al. v. City of Brea (USDC Case No. 8:22-cv-02236-J WS-KE S)
Mayor Simonoff adjourned the Closed Session at 5:52 p.m.
STUDY SESSION
5:45 p.m. - Executive Conference Room
Level Three
and
Killarney Towers, Lobby
Town Centre
Killarney V93 HP7A
Ireland
May 16, 2023
1 CALL TO ORDER 1 ROLL CALL - COUNCIL
Mayor Simonoff called the Study Session to order at 5:53 p.m. All members were present with Councilmember Vargas participating via Zoom teleconference.
4. Public Comment
None.
5. Clarify Regular Meeting Topics
None.
DISCUSSION ITEMS
Update on the Police Department's Proposed Integrated Crime Center Outreach Police Chief Hawley provided a presentation on the integrated Crime Center and spoke about outreach, timeline, survey results, community feedback, common themes and the updated pricing.
Council discussed the potential unintended consequences of the artificial intelligence {AI} technology; defined guardrails for the program; community involvement in the next steps; law enforcement exemptions for the FAA drone program; retention and housing of video data; Caltrans easements for camera placements; and the potential to have private businesses along Imperial Highway mount cameras.
7. Laurel Elementary Traffic Circulation & Parking Study Assistant City Engineer Chapman introduced the item and the consultant.
Fernando Sotelo, Kittleson & Associates, provided a presentation and spoke about the overall summary of the traffic study and next steps. He noted recommendations of short-term and long-term solutions with alternatives that would include physical and operational procedures under the responsibilities of both the City and Brea Olinda Unified School District. He also briefly summarized the recommendations as indicated in the Traffic Circulation and Parking Study.
Council inquired about site signage and what steps the City has already taken.
Community Development Director Killebrew indicated that one of the quick action items the City has taken includes granting a lease to the school district to utilize an adjacent City -owned parking lot.
Council discussed completing the final study and directed staff to begin the outreach and planning process on the Flower Street closure. They also discussed the number of accidents in the vicinity and requested to see the school's drop-off and pick up management plan.
8. Sister City Update
Community Services Director/Assistant City Manager Emeterio introduced the item.
Deputy Director of Community Services Hernandez spoke about the City's Sister City relationships.
Community Services Supervisor Steyerman spoke about the history of the Sister City program in Lagos De Moreno, Mexico; Anseong, South Korea; Hanno, Japan; and the Friendship City relationship with Namyangju, South Korea. She also spoke about upcoming visits and events.
May 16, 2023
2 REPORT
Council Member Report/Requests
None.
Mayor Simonff adjourned the Study Session at 6:34 p.m.
GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level
and
Killarney Towers, Lobby
Town Centre
Killarney V93 HP7A
Ireland
CALL TO ORDER/ ROLL CALL - COUNCIL
Mayor Simonoff called the Closed Session to order at 7:05 p.m. All members were present with Councilmember Vargas participating via Zoom teleconference.
10. Pledge of Allegiance
The Brea Police Explorers led the Pledge of Allegiance.
11. Invocation
James McDaniel, Volunteer in Police Services, delivered the Invocation.
12. Presentation: Engage Brea Recognition
Management Analyst Ambriz provided a presentation on the Engage Brea program and spoke about each week's curriculum.
Engage Brea participants Monique Diaz, Marissa Forte and Sergio Ray spoke about their experiences with the Engage Brea program.
Dr. Scott Spitzer, Associate Professor of Political Science, California State University, Fullerton, spoke about his involvement in the program, hopes for the future of the program, and experience with the Engage Brea participants.
Mayor Simonoff and Mayor Pro Tern Marick presented the Engage Brea participants and staff support with Certificates of Recognition.
13. Proclamation: National Police Week
Mayor Simonoff, on behalf of the City Council, presented Police Chief Hawley and the Brea Police Department with a Proclamation in honor of National Police Week.
14. Report - Prior Study Session
City Manager Gallardo provided a report on the prior Study Session.
15. Community Announcements
Councilmember Hupp invited the community to the Brea Fitness Center on Saturday, May 20th from 9 a.m. to 1 p.m. for the City of Brea Health and Wellness Expo. She also stated that there will be local health and wellness businesses and organizations, informative seminars on various health topics, and fitness demos led by expert instructors.
Mayor Pro Tern Marick announced that the City of Brea will be celebrating National Senior May 16, 2023
3 Health & Fitness Day on Wednesday, May 31st at 10:00 a.m. at the Brea Community Center.
She indicated that the event is designated to celebrate older adults and promote the importance of maintaining an active and healthy lifestyle and there will be activities, health screenings, and more.
Mayor Pro Tern Marick announced that OC Waste and Recycling is now accepting smoke and carbon monoxide detectors at Household Hazardous Waste Collection Centers. She indicated that disposal is now available via drive -through at one of the four Household Hazardous Waste Collection Centers located in Anaheim, Huntington Beach, Irvine and San Juan Capistrano.
She directed the community to the City website for more information.
Councilmember Stewart announced that L.A. Fleet Week is coming to Brea on Friday, May 26th. He added that the annual, multi -day celebration of our nation's Sea Services is held at the Port of Los Angeles during Memorial Day Weekend, noting that 100 officers and sailors will be visiting Brea to participate in activities at the high school, the Brea Senior Center, and a service project on the Tracks at Brea trail. He invited the community to enjoy the sounds of the Navy Band Southwest Jazz Combo,"The Destroyers," from 12 to 1 p.m. on Friday, May 26th in Downtown Brea. Come and to visit one of the many restaurants with outdoor seating for a delicious meal and live music to celebrate Brea's L.A. Fleet Week Day.
16. Matters from the Audience
John Vargas invited the community to the Brea Farmer's Market every Thursdays from 3 p.m. - 7 p.m.
Kyle Miller, representative from Senator Bob Archuleta's office, provided a brief update on current bills in Sacramento and reminded the community that the Senator's office is available to assist and serve the constituents.
Lee Squire spoke about National Police Week and National Peace Officers Memorial Day.
Mary Martinez spoke about the traffic circulation study at Laurel Elementary and requested the City have a meeting with BOUSD before city staff meets with residents of the impacted neighborhood.
Sean Thomas invited the community to the Senior Center Travel Groups excursion to the Angels vs. White Sox baseball game.
17. Response to Public Inquiries - Mayor 1 City Manager City Manager Gallardo responded to public inquiries.
PUBLIC HEARINGS - 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.
18. Public Hearing to Consider Levying an Assessment for Landscape and Lighting Maintenance Districts (LLMDs) #1, 2, 3, 4, 5, 6 and 7 for Fiscal Year 2023-2024 Senior Management Analyst Cuevas provided a presentation on the item and spoke about the requirements, assessment process, property owner notification, and assessment amounts.
Mayor Simonoff opened the public hearing. Seeing no members of the public wishing to address the Council, Mayor Slmonoff closed the public hearing.
Motion was made by Council Member Hupp, seconded by Mayor Pro Tern Marick to adopt Resolution Nos. 2023-029 through 2023-035, levying assessments for Fiscal Year 2023-2024.
May 16, 2023
4 AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
19. Gaslight Square Redevelopment Project. Environmental Impact Report No. 2022-02, General Plan Amendment No. 2022-02, Zone Change No. 2022-02, Plan Review No. 2022-02 and Conditional Use Permit No. 2022-03
Community Development Director Killebrew provided a presentation on the item and spoke about the project's executive summary, the history of Gaslight Square, site conditions, requested entitlements, project description, project plans, General Plan amendment, zone change, Conditional Use Permit, plan review, project/EIR timeline, and Environmental Review.
Tracy Zinn, T&B Planning, Inc, spoke about a letter received earlier in the day related to transportation hazards, and indicated that the analysis concluded is that there is a less than significant transportation safety impact, as noted in the documentation.
Jose Alire, Urban Crossroads, spoke about the traffic study conducted and concluded that traffic control devices are designed and working well, pedestrian facilities and crosswalks meet all standards, and provided recommendations. He also noted that the project does not create any new or significant safety issues.
Community Development Director Killebrew indicated that the project as proposed meets all the development standards, policies and guidelines as required and is consistent with the General Plan and Brea City Code.
John Pollock, Kimley Horn, and Associates representative for the applicant, spoke about the new proposal and indicated that the existing condition of the traffic circulation around the site should be remedied outside this application. He also indicated that the applicant has agreed with multiple conditions to contribute to correcting issues as it relates to the projects minor impacts.
Mayor Simonoff opened the public hearing.
Sean Thomas spoke about his experience witnessing drop off at Laurel Elementary School and indicated it is the responsibility of the School Board to do something to mitigate the problem on Flower. He recommended that Council approve the item.
Max Stites indicated that the Final Environmental Impact Report did not address various deficiencies as identified by Safer Avenues For Everyone ("SAFE").
Mary Martinez indicated that the project is inconsistent with the General Plan and Zoning Codes. She indicated that the Council cannot make the necessary findings to approve the requested Conditional Use Permit and spoke about issues with traffic with the proposed project.
Kari Windes spoke about SAFE's concerns with the Draft Environmental Impact Report. She spoke about existing safety issues and the traffic impacts that the proposed project will generate.
Joanne Galvan spoke about the complexities of the schedule of Laurel Elementary School in relation to the Draft Conditions of Approval Item 39, as it relates to a traffic handling plan -- during peak school hours. She also requested the Council deny the project.
Angela Sylcott spoke about SAFE's contention that the FEIR unlawfully dismisses existing May 16, 2023
5 conditions as irrelevant to the project's potential impacts.
Diane Stites spoke about traffic counts, pass by trips, and diverted trips in the project area.
Elizabeth Ellison stated that the FEIR does not sufficiently disclose and evaluate the project's potential safety impacts on pedestrians walking to and from Laurel Elementary School. She also spoke about pedestrian counts in the safety study and requested that Council deny the proposed project.
Kevin Han spoke about the Conditional Use Permit Resolution and outlined surrounding uses, noting the absence of Laurel Elementary School. He also spoke about the underreporting of traffic accidents in the area and the statistical risk of pedestrian safety in the vicinity of schools.
Jimini Ohler spoke in opposition to changing the existing zoning and General Plan in the Gaslight Square area, noting the change will be detrimental to the surrounding neighborhood, and spoke about the original 1988 entitlements. She also read into the record a letter from her neighbors, Margaret and James McMillan.
Lacy Schoen spoke in support of the project, noting the project is an opportunity to better align with the City's General Plan and will eliminate the spot zoning that currently exists.
Keith Fullington spoke in support of the project.
Adam Pryor spoke in support of the project and spoke about issues that arise as a result of stagnation.
Seeing no further members of the public wishing to address the Council, Mayor Simonoff closed the public hearing.
Community Development Director Killebrew spoke about evolving CEQA laws in regard to traffic and invited the City's consultants to address issues brought up in public comment.
Charlene So, Urban Crossroads, explained the different traffic counts that were collected and the manner in which they were collected. She also explained the pedestrian counts that were calculated and provided the count totals for the pick-up and drop off time periods.
Tracy Zinn, T&B Planning, Inc, clarified the existing condition count is considered under current partial building occupation. She also reiterated the states change in CEQA from a Level of Service to Vehicle Miles Traveled analysis, and the purpose of CEQA. She also indicated that the Council has the information to make a fully informed decision and does have the authority to certify the EIR as a complete record.
Council discussed the history of discussions related to this item, changes in school drop off patterns over the years, the change of Laurel Elementary to a magnet school, and the updating of a blighted area of the City. Council also discussed potential drive-thru uses at the proposed project size in comparison to other drive-thru operations in the City.
Community Development Director Killebrew explained the potential drive-thru operation that could occupy a building the size of the proposed project. He also spoke about the difference in queue length between the proposed drive-thru and the existing Starbucks drive-thru in the City at Valencia and Imperial.
Council discussed Condition of Approval Item 12 related to the removable physical barrier during arrival and dismissal times and the feasibility for the tenant to remove and replace the May 16, 2023
6 barriers frequently throughout the day. They also discussed potentially changing the hours to encompass specific hours of operation.
Council directed staff to work with the applicant regarding changes to the conditions of approval.
Motion was made by Council Member Vargas, seconded by Council Member Stewart to adopt a Resolution 2023-036 certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2022060598, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Section 15132 (Contents of Final EIR), and CEQA Guidelines Section 15090 (Certification of the Final EIR); adopt Resolution 2023-037 approving General Plan Amendment (GPA) No. 2022-02 to change the Land Use designation of the Project site from Office/Financial Commercial to Mixed Use -III based on the findings and conclusions of the resolution; adopt Resolution 2023-038 approving Plan Review (PR) No. 2022-02 to allow the demolition of 18,873 square feet of commercial offices to construct two new commercial buildings totaling approximately 8,000 square feet, based on the findings and conclusions of the resolution and subject to the conditions of approval; adopt Resolution 2023-039 approving Conditional Use Permit (CUP) No. 2022-03 to allow a 2,000 square foot drive through restaurant use, based on the findings and conclusions of the resolution and subject to the conditions of approval, with condition of approval item 12 as amended - (The property owner shall provide a removable physical barrier to prohibit vehicles from using the Flower Avenue driveway approach for ingress and egress from Flower Avenue between 7 a.m. and 4 p.m., unless Laurel Elementary Magnet School (School) is not in use. If the operational conditions at the Project site and/or at the School change (e.g. tenancy, hours of operations, traffic flow, etc.), the Applicant may request adjustment to this time in writing to the Community Development Director for consideration. Elimination of the requirement for the physical barrier shall be at the discretion of the Planning Commission); Introduced by title only and waive further reading of an Ordinance No. 1238 approving Zone Change (ZC) No. 2022-02 to change the zoning of the site from C-P (PD) Commercial, Administrative and Professional Office Zone (Precise Development) to MU -III (Mixed -Use III), based on the findings and conclusions of the ordinance; and scheduled adoption of aforementioned Ordinance at the next regular City Council meeting.
AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
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. May 2, 2023 City Council Regular Meeting Minutes
The City Council approved the May 2, 2023 City Council Regular Meeting Minutes.
21. Second Reading of Ordinance Nos. 1236 and 1237 - Development Agreement No. 2020-01 and Zone Change No. 2020-01 (Brea Mall Mixed Use Project) The City Council adopted Ordinance No. 1236: An Ordinance of the City of Brea approving Development Agreement No. 2020-01 by and between the City of Brea and Simon Property Group regarding the Brea Mall Mixed -Use Project; and Ordinance No. 1237: An Ordinance of the City of Brea approving Zone Change No. 2020-01 for the Brea Mall Mixed Use Project, May 16, 2023
7 which would amend the Zoning designation of the Project Site and the entire Brea Mall property from Major Shopping Center (C-C) with a Precise Development (P-D) overlay to Mixed -Use I (MU-1).
22. April 28 and May 5, 2023 City Disbursement Registers The City Council received and filed the April 28 and May 5, 2023 City Disbursement Registers.
Motion was made by Council Member Hupp, seconded by Council Member Stewart to approve City Council Consent Items 20-22.
AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
CITY/ SUCCESSOR AGENCY - CONSENT
23. April 28, 2023 Successor Agency Disbursement Register The City Council, as the Successor Agency, received and filed the April 28, 2023 Successor Agency Disbursement Register.
Motion was made by Council Member Vargas, seconded by Council Member Hupp to approve City/Successor Agency Consent Item 23.
AYES: Mayor Simonoff, Mayor Pro Tern Marick, Council Member Hupp, Council Member Stewart, Council Member Vargas
Passed
ADMINISTRATIVE ANNOUNCEMENTS
24. City Manager
None.
25. City Attorney
None.
26. Council Requests
None,
COUNCIL ANNOUNCEMENTS
None.
ADJOURNMENT
Mayor Simonoff adjourned the General Session at 10:20 p.m.
Respectfully submitted, The foregoing minutes are hereby approved this 6 day of June, 2023.
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Lilli Harris -Neal, City Clefrk i no or
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May 16, 2023
8