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Agenda Item 17.

City Council Meeting

Meeting Date:	07/19/2022
FROM:	Bill Gallardo

Subject:

Reconsideration of General Plan Amendment No. GPA 2021-04 For Property Located at 1639 E. Imperial Highway (Brea Plaza Shopping Center)

RECOMMENDATION

Reconsider approval of General Plan Amendment No. GPA 2021-04 and take one of the following actions: 1) Approve Resolution No. 2022-XXX 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. Imperial Highway; or 2) Approve Resolution No. 2022-XXX submitting Resolution No. 2022-033 to the voters at the November 8, 2022, General Municipal Election.

BACKGROUND/DISCUSSION

On May 3, 2022, the City Council adopted Resolution No. 2022-033 approving General Plan Amendment No. GPA 2021-04 for the Brea Plaza Shopping Center at 1639 E. Imperial Highway. This General Plan Amendment would change the land use designation of the Brea Plaza Shopping Center from General Commercial (C-G) to Mixed Use II (MU-II). Resolution No. 2022-033 has not gone into effect due to the timely filing of a referendum petition with the City Clerk on June 20, 2022, by Brea Resident Advocacy PAC (BRA PAC).

Elections Code Section 9237 requires that a referendum petition be signed by not less than 10% of voters to compel a legislative body to reconsider the subject item. Upon receipt of the BRA PAC referendum petition, the City Clerk transmitted it to the Orange County Registrar of Voters (County Registrar) for verification of signatures in accordance with Elections Code Sections 9240, 9114, and 9115. The County Registrar has issued a July 8, 2022, Certificate as to Verification of Signatures on Petition (Attachment C) certifying that the BRA PAC referendum petition was signed by the requisite number of voters. Based on this certification, the City Clerk has certified to the City Council the sufficiency of the BRA PAC referendum petition (Attachment D).

Because a referendum petition with sufficient valid signatures was timely filed, the effective date of Resolution No. 2022-033 is suspended, and state law requires that the City Council now reconsider Resolution No. 2022-033 and take one of two actions. Specifically, pursuant to Elections Code Sections 9237 and 9241, the City Council is required to do one of the following: 1) entirely repeal Resolution No. 2022-033; or 2) submit Resolution No. 2022-033 to the voters at the next regular municipal election, or at a special election, occurring not less than 88 days from the Council’s order.

A draft resolution for each option has been prepared for the City Council’s consideration. For the submission to the voters option, the draft resolution would place the item on ballot at the November 8, 2022, General Municipal Election rather than at a special election, because the deadline to order a measure on that ballot is August 12, 2022. This resolution also would direct the City Attorney to prepare an impartial analysis of the measure for the voter guide pursuant to Elections Code Section 9280, and would authorize one or more City Council Members to submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282.

If the City Council chooses the submission to the voters option, then Resolution No. 2022-033 will not become effective unless it is approved by a majority of the voters voting on it.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Terrence Boga, City Attorney

Attachments
Draft Resolution Repeal
Draft Resolution Ballot Measure
Certification - City Clerk
Certification - County