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Brea Matters - Because there are two sides to every story. Brea Matters Because there are two sides to every story. Search Main menu Skip to primary content Skip to secondary content Blog Mission Development Post navigation ← Older posts Corruption’s Partner Is Our Own Indifference. Posted on April 7, 2017 by Rick Clark 14 I don’t do indifference. I don’t do close enough. I don’t accept half truths. When I want answers I’ll go to almost any length to get them. I’ve got them… in spades! After several months of investigation, submitting numerous CPRA requests to the City Clerk with the hope of finding some truth about the Hines Brea Place project, I finally discovered the truth. We, and I mean the City Council, the Planning Commission and concerned citizens, have been the victims of a deception of unprecedented proportions. The deception begins to unravel. I requested copies of an RFP to write/produce an Addendum to the Brea General Plan Final EIR, a list of firms invited to submit a proposal, all proposals received, other written communications between City of Brea staff and firms invited to submit a proposal. All I got was the now widely distributed proposal from Kimley-Horn plus the general response which had become painfully familiar… “There are no documents responsive to your request.” So I emailed the City Clerk with this inquiry, “Just to confirm, the non responsive results verify that multiple firms were not invited to submit proposals. The city policy to seek competitive bids was waived and the PSA ($59,981.00) with Kimley-Horn was approved on a sole supplier basis.” The email was bounced to David Crabtree, Director of Development, who, on Monday morning, April 3, responded, “We solicited two proposals for this CEQA review, Kimley-Horn and ICF International. We selected Kimley-Horn for the job and executed a PSA with them. We do not have any responsive records to provide regarding the requests, other than what we have given you. We have not retained a copy of the rejected proposal from ICF — it was over a year ago and we don’t have any reason to retain. Hope this information is of benefit. Dave” Red flags started going up like a May Day parade in the Kremlin! I responded to David, “How were the solicitations made if there are no responsive documents? What, as you remember, differentiated the proposals such that you selected Kimley-Horn? Was the decision based upon low bid? Is the discarding of the ICF proposal in keeping with the city’s records retention policy?” Thankfully I wasn’t limited to hammering the city with CPRA requests. Other resources became available so I shortly received a copy of the letter soliciting ICF’s participation in the project and the proposal they submitted. You know, the one staff decided to shred. Busted! The proposal was crystal clear, writing an addendum was absolutely the wrong thing to do… so wrong that ICF refused to do so and instead submitted a proposal to do a new EIR in accordance with CEQA. Forget all that legal mumbo jumbo tossed about by the City Attorney. Here’s what the ICF proposal said: “We understand that the City’s goal is to tier (i.e. extrapolate) from the 2003 General Plan Final EIR and the 2005 Negative Declaration for the establishment of the Mixed-Use Zoning Districts to the extent feasible. However, the baseline conditions for the project-level analysis for the current environmental document will need to be existing conditions that exist on the ground, rather than the previously approved land use entitlements. Thus, we do not necessarily believe that tiering from these documents is the best option for CEQA compliance, and have attempted to explain our rationale below.” Translation: You’re asking us to write an addendum “if feasible.” It’s not feasible. Let us explain why you should not do this. “The General Plan Final EIR acknowledges that it is in fact a Program EIR…” Program, get it, not project! You can’t use a program level document to assess impacts at the project level — especially 14 years later! “If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration.” Precisely what I and several others have been referring to as “cumulative” impacts. Like the traffic impacts created by Central Park Brea and La Floresta. It gets better! “While the previous environmental documents set the expectation for future development of the site in accordance with the General Plan and Zoning, it is our opinion that the previous environmental documents are not sufficient to cover the development project and that a standalone EIR be conducted, incorporating the previous environmental documents by reference. We believe this to be the best course of action for the following reasons: The General Plan EIR is a first-tier program EIR. Tiering (i.e. extrapolating) from this EIR might be appropriate for new General Plan policies or actions, but not specific development projects. Use of a Subsequent or Supplemental EIR, or even an Addendum, would be appropriate if there were minor changes to the General Plan (which was the previous action evaluated). Specific development proposals were not identified in the General Plan, and therefore the project does not represent a minor change to the previous project. The impact analysis under the General Plan is at a program level, and does not address the impacts associated with development of the site and impacts on surrounding areas. Thus, the impacts associated with development of the site have not been adequately defined or disclosed. Over 10 years have passed since certification of the General Plan EIR and the Zoning District Negative Declaration. Thus, existing conditions and circumstances have changed substantially since that time, and new issues must be examined under CEQA. Thus, for the reasons above, we have proposed to prepare a stand-alone EIR for the proposed project.” There it is, the smoking gun Zim Walker has been talking about! Let’s get back to the sticky parts of the process. Monday, late afternoon, I shared all of this with City Manager, Bill Gallardo. Somewhat stunned, he agreed to bring all of this to the attention of David Crabtree, first thing Tuesday morning. Early Tuesday I received this from Bill: “Hi Rick: Not ready to discuss… still gathering the facts… if not today for sure tomorrow. Thanks. Bill” Here is my response: “Bill… After being deflected, misinformed and flat out lied to for almost two months I finally uncovered irrefutable evidence. I shared all of this with you Monday afternoon, saving you the months of time wasted I was subjected to. As you are abundantly aware, I have documents that prove staff knowingly ignored information from a highly reputable source, one solicited by staff specifically for their guidance and assistance in the Hines Brea Place matter. Staff was clearly told, in no uncertain terms, why relying upon an addendum to our ...

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