Mayor Stewart called the Study Session to order at 6:45 p.m. All members were present, with Council Member Vargas absent.

Mayor Stewart called the General Session to order at 7:01 p.m. All members were present, with Council Member Vargas absent.

Senior Planner Newton provided a presentation and spoke about the project details, location, existing condition, project description, required entitlements, overall project timeline, operations, building design, project evolution related to parking and line haul trucks, notable conditions of approval, Environmental Impact Report (EIR), appeal claim, noticing and staff recommendation.

David Maxey, appellant, provided a presentation and expressed concern with project compliance with the M1 Zoning Code, and explained the reason for the appeal is for concerns related to the noise impacts as a result of the project. He spoke about the EIR analysis, projected noise levels and potential impacts to adjacent residents, and concerns with Amazon site maintenance and on-site security. He also requested the project decision be reversed or paused until a real world noise analysis be conducted with a sound meter and a diesel Amazon line haul truck in the area.

Jason Friedman, Amazon Economic Development Policy representative, and provided a presentation and spoke about the original project design, revised project design, economic impact, sustainability, employee benefits, site planning, Tracks at Brea extension, and engagement.

Justin Mahramas, Sheppard Mullin, on behalf of the Applicant, clarified zoning and use for the area; the noise study; and CEQA methodology, and operation peak periods.

Mayor Stewart opened the public hearing.

Paulina Alvarez, Maurice Casaus, Zach Strasters, Lacy Schoen, Tanya Huynh, Daniel Osborne, Randy Wetmur, Henry Hillebrecht, Connie Allred, Ricardo Perez, Bill McMillan, Robert Nevarez, Ross Mccune, and Debbie spoke in support of the project, citing increased job opportunities in the City for residents, Amazon's investment in the Community, and revitalization of the property.

Sandra Spencer, Marie Nunez, Lesley Bickers, Eric Jimenez, Gloria Alvarado, Richard Smith, Alfred Munoz, Daisy Grajeda, Silver Montero, Andrea Nesbitt, Carol Gray, Wileen Leu, Katheryn Bigelow, Richard Romero, Duane Morgan, Orlando Ramirez, Jacob Shin, Leticia Wilson, David Enriquez, Juan Martinez, Kevin Wilson spoke in opposition to the project, citing noise and traffic concerns, and requested Amazon conduct further traffic noise studies. They requested the Council uphold the appeal.

Seeing no further speakers wishing to address the Council, Mayor Stewart closed the public hearing.

Mayor Stewart recessed the meeting at 9:01 p.m.

Mayor Stewart reconvened the meeting at 9:10 p.m.

Council inquired what uses are available to the applicant with the existing building and discussed prior use of the building under the previous tenant, Bank of America. They also inquired about the potential for additional noise studies and spoke about truck regulations on Birch Street and traffic mitigation measures.

Assistant City Manager/Community Development Director Killebrew indicated that the proposed operation is a dramatically reduced operation from pre-covid use with previous operators.

Council inquired if the vehicles are owned by Amazon and what control Amazon has in what vehicles are driven.

Jason Friedman, Amazon Economic Development Policy representative, indicated that the vehicles mix of owned and contracted trucks driven by contract drivers. He also explained vehicles are dispatched based on availability and that about 40% of the fleet are CNG/RNG vehicles.

Council discussed the possibility of conducting an alternate noise analysis.

Jason Friedman, Amazon Economic Development Policy representative, indicated that the study done as part of the EIR is believed to be the proper methodology under CEQA, and doesn't believe that any additional study will change findings.

Assistant City Manager/Community Development Director Killebrew spoke about consistency with application of standards in evaluations. He also listed items that Amazon has changed and implemented in order to accommodate the concerns of area residents.

Council discussed Condition of Approval Number 23, and indicated that the Condition came as a result of listening to the residents concerns, noting that if there is an alternate truck route in the future, the applicant would look into implementing an alternative line-haul truck route.

In response to Council discussion, John Karnowski, NV5 indicated that anytime a change is made to infrastructure, Amazon revisits it's procedures for van and truck routing.

Justin Mahramas, Sheppard Mullin, suggested approval of the project with an additional Condition of Approval to conduct an additional noise study after the project is operational.

Assistant City Manager/Community Development Director Killebrew indicated that the Council may stipulate time period, reporting and expectation of a potential noise study by way of Condition of Approval.

John Bellas, Michael Baker, spoke about the methodology and the results of the noise study that was conducted.

Seth Meyers, ECORP Consulting, Inc., spoke about the process of developing a new noise study. He also spoke about the methodology used in the EIR.

Council inquired if there is a way to measure what peak time truck noise during the night time does to the decibel level.

John Bellas, Michael Baker, indicated that from his team's experience, there is not an established or accepted methodology for a study like this due to the number of variables to conduct a study in that manner. He indicated that would be easier to conduct a monitoring study that is tracking how the Amazon trucks are operating and possibly measuring the sound of the operation over a period of time.

Council inquired how would such a condition be constructed that would be meaningful if output from the study is found to be negative.

Assistant City Manager/Community Development Director Killebrew indicated that for all projects, if any conditions become unsatisfied, the entitlement would be subject to further review and revocation, adding that the approval be in substantial conformance with what was approved, along with Federal, State and local laws.

John Bellas, Michael Baker, indicated that there are physical remedies that could be done if that study did identify potential noise disruptions.

Council discussed the braking systems on Amazon trucks and inquired as to the outcome of the considerations of Mr. Maxey's appeal and comments made by speakers related to other noise sources such as radios. They also inquired about the security system currently being utilized on the property.

In response to Council questions, John Bellas, Michael Baker, spoke about the methodology of the study and indicated that the decibel level's noted by Mr. Maxey are instantaneous noise levels. He indicated that the numbers were not verified, noting that the conditions of the roadway and the condition of the vehicle to be contributing factors.

In response to Council questions, Jason Friedman, Amazon Economic Development Policy representative, spoke about operational standards. He also spoke about the security system currently being utilized due to the site being vacant, and noted that he will look into possibly adjusting the sensitivity of the alarms.

In response to the City Council and the community's concerns, City Attorney Boga suggested the consideration of an additional condition, related to the addition of a operational independent noise study: Prior to the issuance of the final Certificate of Occupancy, the Applicant shall submit and regularly replenish a deposit to cover all costs (including staff, counsel, and consultant costs) associated with conducting an independent third-party noise study. The noise study shall, at minimum, capture measurements of operational noise over the course of one year once the Project becomes operational. If the noise study concludes that the Project’s nighttime line-haul truck operations should be further reduced, the noise study shall include potential recommendation for achieving the reduction. The Applicant shall implement all reasonable and feasible operational recommendations identified by the noise study. Implementation shall be completed within a reasonable time period determined by the Community Development Director and received and filed with the City Council. This noise study requirement, or, if the noise study is already completed, any implemented recommendations from said study, shall be waived in the event that the Applicant’s nighttime line-haul traffic ceases to utilize State Route 142 (Valencia Avenue) and any excess funds in the deposit shall be refunded.

Senior Management Analyst Dao provided a presentation and provided an executive summary on the Mercury Senior Apartments Project, and spoke about the project history, recap of the project preview, and discussion on the project preview.

Senior Planner Pennington spoke about the refined project details, project proposal renderings, density bonus request, California Environmental Quality Act (CEQA) addendum and Conditions of Approval.

Senior Management Analyst Dao spoke about the implementation, including the financial request, Affordable Housing Agreement, Loan Agreement and Density Bonus Agreement and recommendation summary.

The City Council discussed on-site transportation, parking ratios, the potential for an increase in the number of lower affordability levels units, and the open space plan.

Todd Cottle, C&C Development, applicant, spoke about the property's rideshare vehicle, parking ratios of other similar properties in Orange County.

None.

None.

Mayor Stewart adjourned the General Session at 10:21 p.m.