Agenda

Return

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda

Tuesday, June 2, 2020

6:00 p.m. - Closed Session
6:45 p.m. - Study Session
7:00 p.m. - General Session

Marty Simonoff, Mayor

Steven Vargas, Mayor Pro Tem

Cecilia Hupp, Council Member

Christine Marick, Council Member

Glenn Parker, 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. This meeting is being conducted consistent with Governor Newsom’s Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. Public comments will be accepted in in writing, a separate location on-site, and by teleconference. The meeting will also be broadcast live at www.cityofbrea.net.

Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, June 2, 2020. All written comments will be read aloud during the meeting by the City Clerk. Some written comments may be summarized as to not exceed the speaking time allotted. To provide comments in person, the Council Chambers will be open to a limited number of members from the public in observance of social distancing guidelines. The public will be able to address the Council directly, while maintaining proper social distancing. Overflow will be available in the Plaza directly outside of the Council Chambers. Based on capacity, the public may be required to cycle in and out of the Chambers as to provide everyone in attendance an opportunity to address the Council. To provide comments by teleconference, members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, June 2, 2020 to obtain the Zoom Meeting ID number and password. Teleconference participants will be muted until recognized at the appropriate time by the Council.

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 to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)

Important Notice
The City of Brea shows both 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

6:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER / ROLL CALL - COUNCIL

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.

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8.
Property: Chamber of Commerce Lease, 1 Civic Center Circle, Second Floor #2, Brea, CA
City of Brea Negotiators: City Manager Bill Gallardo, Administrative Services Director, Cindy Russell
Negotiating Party: Chamber of Commerce
Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8.
Property: Hotel Ground Lease, 900 E. Birch Street, Brea, CA (APN 319-101-43, 319-101-45 and a portion of 319-101-46) and Retail Court Ground Lease, 910 E. Birch Street, Brea, CA (portion of APN 319-101-46)
City of Brea Negotiators: City Manager Bill Gallardo, Administrative Services Director, Cindy Russell
Negotiating Parties: Windsor Capital Group on behalf of Nesbitt Partners Brea Ventures, Ltd.
Under Negotiation: Price and Terms of Payment

Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 1 potential case.

STUDY SESSION

6:45 p.m. - Council Chamber
Plaza Level

CALL TO ORDER / ROLL CALL - COUNCIL

Public Comment

Clarify Regular Meeting Topics

REPORT

Council Member Report/Requests

GENERAL SESSION
7:00 p.m. - Council Chamber
Plaza Level

CALL TO ORDER/ ROLL CALL - COUNCIL

Pledge of Allegiance

Invocation

10.

Presentation: Lambert/57 Update

11.

Report - Prior Study Session

12.

Matters from the Audience
Written comments may be sent to the City Clerk's Office at cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, June 2, 2020. All written comments will be read aloud during the meeting by the City Clerk. Some written comments may be summarized as to not exceed the speaking time allotted. To provide comments in person, the Council Chambers will be open to a limited number of members from the public in observance of social distancing guidelines. The public will be able to address the Council directly, while maintaining proper social distancing. Overflow will be available in the Plaza directly outside of the Council Chambers. Based on capacity, the public may be required to cycle in and out of the Chambers as to provide everyone in attendance an opportunity to address the Council. To provide comments by teleconference, members of the public must contact City Staff at (714) 990-7756 or cityclerksgroup@cityofbrea.net no later than 12:00 p.m. on Tuesday, June 2, 2020 to obtain the Zoom Meeting ID number and password. Teleconference participants will be muted until recognized at the appropriate time by the Council.

13.

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.

14.

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 2020-2021 - Adopt Resolution Nos. 2020-035- through 2020-041, levying assessments for Fiscal Year 2020-2021 after receiving testimony at the Public Hearing on June 2, 2020.

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 in this section should be presented during "Matters from the Audience."

15.

Ordinance No. 1215 approving Zone Change ZC 20-02, changing the zoning at 109 Lilac Lane from Public Facilities to Single Family Residential (Equestrian Overlay) - Second Reading and adoption of Ordinance No. 1215, an Ordinance of the City of Brea approving Zone Change ZC 20-02 and amending the Zoning Map regarding the same; to permit the development of a single-family home, accessory structures and private equestrian facilities at 109 Lilac Lane, and making findings in support thereof.

16.

Adopt Ordinance No. 1214 approving Planned Community Master Plan No, PCMP 19-01, and related Zone Change No. ZC 19-01 and Development Agreement No DA 19-01, for the development of 114 multifamily on a 1.01-acre parcel located at the southeast corner of Mercury Lane and Berry Street – Second Reading of Ordinance No. 1214, approving Zone Change No. ZC 19-01, Planned Community Master Plan No. PCMP 19-01, and Development Agreement No. DA 19-01 for the Mercury Residential Development Proposal at the Southeast Corner of Mercury Lane and Berry Street.

17.

Discussion of the Proposed Fiscal Year 2020-21 Operating and Seven-Year Capital Improvement Program Budgets

18.

Urgency Ordinance No. 1216 for the Extension of Payment Deadlines, Waiver of Delinquency Penalties and Late Fees and the Authorization of Payment Plans - Adopt Urgency Ordinance No. 1216, temporarily extending deadlines for Transient Occupancy Tax (TOT), Business License Tax, certain permit fees, and utility bill payments; waiving delinquency penalties and late fees and authorizing the City Manager or designee to execute related payment plans. This ordinance requires a four-fifths vote for adoption whereupon it will take effect immediately.

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

19.

May 12, 2020 Special City Council Meeting Minutes - Approve.

20.

May 19, 2020 City Council Regular Meeting Minutes - Approve.

21.

May 21, 2020 Special City Council Meeting Minutes - Approve.

22.

November 3, 2020 General Municipal Election Authorization and Consolidation Request - Adopt Resolution No. 2020-042 calling and giving notice of the holding of a General Municipal Election on Tuesday, November 3, 2020 for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities; and Adopt Resolution No. 2020-043 requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election held on November 3, 2020 with the Statewide General Election to be hold on that date pursuant to Section 10403 of the Elections Code.

23.

Maintenance Agreement with the State of California's Department of Transportation for the intersection Overhead Street Name Signs on SR-90 & SR-142 - Approve the agreement. The project was budgeted as apart of CIP No. 7212. There is no fiscal impact to the General Fund.

24.

Lease Agreements between the City of Brea and the Tomlinson Families for use of California Domestic Water Company Stock - Approve the lease agreements. The savings will vary each year, but will be approximately $29,000 per year. Payment for leasing of shares will come from the Water Fund and there is no impact to the General Fund.