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HomeMy WebLinkAboutMinutes - January 05, 2015 - CCC CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, JANUARY 5, 2015 — 6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. Mayor Rocha called the meeting to order at 6:30 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: Interim City Manager Penman, City Attorney Martinez, Recreation and Family Services Director Jacobs, Community Development Director Christiansen, Recreation Superintendent Gonzales, Recreation Coordinator Martinez, Public Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. CEREMONIAL Call to Order Roll Call Also Present Ceremonial Council presented Certificates to Slauson Middle School Leadership, AID and Cheer, to thank them Certificates for their volunteer services to the Recreation Department's Community Events. Slauson School The businesses that assisted with the Project Elliott were not in attendance to receive certificates of Cert Proj Elliott appreciation. Council presented certificates to the 2014 SCMAF Boys "B" Division Flag Football Champions, to Cert SCMAF congratulate them for winning the championship, and to the Coaches for their support to the team. Football CLOSED SESSION Closed Session Messers Leonardo Lang, Raul Gamez, Ramiro Espinoza and Samuel McNeil, and Ms. Josephine Support for Bartolo, addressed the Council stating that they were in support of the Greenhouse Recycling Co. Recycle Center continuing to do business in Azusa. Mr. Pablo Lucanera, Representative for Greenhouse Recycling Co., addressed the Council stating that P. Lucanera they are being evicted from 975 W. Foothill, as the property is in the process of being sold; they have Comments been looking for a new location in Azusa, but have not been successful in finding one, and requested Council's assistance in finding a new location. The City Council Recessed to closed session at 7:11 P.M. to discuss the following: I.PUBLIC EMPLOYEE APPOINTMENT Pursuant to California Government Code, Section Public 54957. Employee Title: City Manager. Appointment 2. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to California Government Code, Labor Negot Section 54957.6. City Manager City Negotiators: Donald Penman, Interim City Manager and Marco A. Martinez, City Attorney. Unrepresented Employee: City Manager. 3.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Existing California Government Code Section 54956.9(d)(1). Litigation Case Name: City of Azusa vs. David Martinez, et al. Court/Case No.: Los Angeles Superior Court -Pomona Division No. KC066721J. 4.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Anticipated California Government Code, Section 54956.9(d)(2). Litigation Claim from Azusa Unified School District (Claim Number: 14-35) Regarding School Impact Fees 1 Potential Case. The City Council reconvened at 8:06 P.M.; City Attorney Martinez announced that Closed Session City Attorney Item No. 4 was not discussed and it would be placed on the next Council Agenda; Item Nos. 1 and 2 Report were related and there was no reportable action taken; Item No. 3 Council heard a presentation from the City on the status of the litigation and there was no reportable action taken. REGULAR MEETING Regular Mtg Mayor Rocha called the meeting to order at 8:06 P.M. Call to Order ROLL CALL: Roll call was taken by City Clerk Cornejo. Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS ALVAREZ , ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Also Present Elected Officials: City Treasurer Vasquez, City Clerk Cornejo. Staff Members: Interim City Manager Penman, City Attorney Martinez, Police Chief Gonzalez, Finance Director Paragas, City Engineer/Interim Public Works Director Bobadilla, Economic and Community Development Director Christiansen, Assistant Planner Ibanez, Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. Pledge to the flag was led by Mr. Ben Wong. Flag Salute Invocation was given by Venerable Patch, Dhammakaya Temple. Invocation PUBLIC PARTICIPATION Public Part IMs. Claudia Brown addressed the Council stating that the Azusa Public Works Department provides C. Brown empty sand bags for residents, which residents have to fill up and load into their vehicles on their own; Comments she requested that filled sand bags be provided instead. Mr. Joseph M. Rossini, Attorney for Atkinson, Andelson, Loya, Ruud & Rome, representing the J. Rossini Azusa Unified School District (AUSD), addressed agenda Item F -I stating that the AUSD is in Comments opposition of the extension of the Rosedale Land Partners Development Agreement (DA), as the Developer has disclaimed any responsibility in building a new K-8 Grade School, as an alternative in lieu of paying developer fees to the State; the portion of the land that the Developer dedicated for the school building sits on top of an earthquake fault, which is prohibited by State Law; 850 City Permits and Certificates of Occupancy have been issued for the site; from the collected fees on the Community Facilities District (CFD), no money has been transferred to the AUSD to help mitigate the impact of the homes built; he suggested that those fees may have been misappropriated; an additional 5 year extension would result in the Developer's continuing refusal to meet its obligation. Ms. Diana Williams, Human Relations Commissioner, invited everyone to the Martin Luther King, D. Williams Jr./Hands Across Azusa Ceremony, January 18, 2015, 1:00 P.M. in front of City Hall. Comments Mr. Pablo Lucanera, Representative for Greenhouse Recycling Co., addressed the Council stating that P. Lucanera they are being evicted from 975 W. Foothill, as the property is in the process of being sold; they have Comments been looking for a new location in Azusa, but have not been able to find one, and requested Council's assistance in finding a new location. Mr. Ben Wong, Southern California Edison Co. Region Manager Local Public Affairs Metro Region, B. Wong 'introduced himself to the Council, and stated that he will be available to work with them on issues of Comments mutual interest. Interim City Manager Penman addressed Ms. Brown's request stating that he will work with staff to D. Penman make available filled sandbags to residents, and to provide assistance loading them into their vehicles. Comments City Attorney Martinez addressed the comments made by Mr. Rossinni stating that Item F-1, an M. Martinez Amendment to the Monrovia Development Agreement, amended the expiration date of the existing Comments agreement, and it was not for a 5-10 year extension; the City is in the middle of negotiations with the Developer on changes that both parties are proposing; the negotiations are taking longer than anticipated, and a short term change to the expiration of the existing agreement was considered as a means to facilitate enough time for the discussions; the City's position has been open in facilitating any dialog or discussion between the Developer and the AUSD on the issue of the school. 01/05/2015 PAGE TWO REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rprts/Update Mayor Pro -tem Gonzales wished everyone a Happy New Year; he announced the Casino Night R. Gonzales Fundraiser, Friday, February 20, 2015, proceeds will be donated to local youth sports organizations Comments and to the 2015 Special Olympics World Games, which will be held in July 2015; he requested that the meeting be adjourned in memory of Ms. Corina Villarreal longtime Azusa Resident. Councilmember Carrillo wished everyone a Happy New year. A. Carrillo Councilmember Macias wished everyone a Happy New Year, and reminded everyone to get the flu U. Macias shot during the current flu season. Comments 'Councilmember Alvarez wished everyone a Happy New Year. Mayor Rocha wished everyone a Happy New Year; he announced the following: the meeting would be adjourned in memory of Ms. Emma Rubio and Ms. Corina Villarreal, lifelong Azusa residents; Be a Walker Event, January 10, 2015, 8:00 A.M., Zacatecas Park; Hands Across Azusa, January 18, 2015, 1:00 P.M. in front of City Hall; next Council Meeting, Tuesday, January 20, 2015; he received thank you e-mails from military personnel, who are serving in Afghanistan, for the care packages that were sent to them. He thanked all who helped wrap presents at the Toy Drive in December 2014, and asked to keep service men and women in daily prayers. SCHEDULED ITEMS PUBLIC HEARING -_.CONSIDERATION BY THE CITY COUNCIL OF A DEVELOPMENT CODE AMENDMENT (ZCA-236)A CITY -INITIATED REQUEST TO AMEND VARIOUS SECTIONS OF CHAPTER 88 OF THE "DEVELOPMENT CODE MARCH 2005" (2005 CODE) OF THE CITY OF AZUSA MUNICIPAL CODE. The Code Amendments were not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involved clarifying and recodifying Sections of Chapter 88 of the City of Azusa Municipal Code, did not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15060(c)(3) because the activity was not a project as defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because it had no potential for resulting in physical change to the environment, directly or indirectly. 'Community Development Director Christiansen introduced the item stating that Development Code Amendments are made a few times a year; the Planning Commission reviewed the proposed amendments on December 10, 2014, and recommended adoption of the following: (1) Section 88.030.020 Sports Facility and Golf Course Fencing, and properties that are adjacent to the golf course can have fences and/or nets that are higher to prevent golf balls from going into private properties; (2) A correction to Section 88.30.020 Driveways, to make the corner cut-off clear; (3) Section 88.36.030 Parking and Loading Spaces to be permanently paved; (4) Section 88.42.140 Multi -family and small lot subdivisions added the word "and safe" as suggested by the Planning Commission; (5) Add Section 88.42.230, a standard for specific land uses regarding shopping centers. E. Alvarez J. Rocha Comments Sched Items Public Hearing Development Code K. Christiansen Introduce Item He responded to questions posed by Mayor Rocha stating that under Article 3, Section 88.36.030, K. Christiansen regarding General Parking Regulations, short term parking is allowed on unpaved spaces, the Code Answers addresses vehicles that are parked.long term, and the violations are typically the result of complaints Questions by residents; Article 4, Section 88.42.140 regarding Multi -Family and Single -Family small project open space, includes apartments; open spaces are requested by the developers, and the requests are presented to the Planning Commission as it requires a design review. Mayor Rocha declared the Hearing open; City Clerk Cornejo read the affidavit of proof of publication Hrg Open published on December 23, 2014, in the San Gabriel Valley Tribune. Mr. Jorge V. Rosales addressed the Hearing stating that he believed that two of the proposed J. Rosales amendments were not an accumulation of corrections needed, but to accommodate the development of Comments World Gym; he suggested that instead of modifying Article 4, by adding Section 2, a modification 'should be made to accommodate the need for the Edgewood Shopping Center only and not make it available for other current or future shopping centers. Moved by Councilmember Macias, seconded by Councilmember Carrillo, to close the Public Hearing, Close Hearing by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Mayor Pro -tem Gonzales offered an Ordinance entitled: Introduce Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING 2015-01 AMENDMENT ZCA 236 TO CHAPTER 88 — DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE. 01/05/2015 PAGE THREE Moved by Mayor Pro -tem Gonzales, seconded by Councilmeinber Macias, to waive further reading and introduce Ordinance No. 2015-01, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PUBLIC HEARING - DESIGN REVIEW (DR -2014-31) AND WORLD GYM DEVELOPMENT AGREEMENT APPLICATION TO ALLOW A NON -RETAIL FITNESS CENTER (WORLD GYM) TO OCCUPY APPROXIMATELY 35 000 SQUARE FEET OF THE EXISTING EDGEWOOD SHOPPING CENTER AND EXTERIOR MODIFICATIONS ON THE SOUTH AND EAST FACADE LOCATED WITHIN THE CITY'S ED (EDGEWOOD DISTRICT) ZONE. This project was categorically exempt from environmental review per Section 15301 — Existing Facilities of CEQA (California Environmental Quality Act). Community Development Director Christiansen and Assistant Planner Ibanez, presented the item stating that the Planning Commission reviewed the application for a Design Review and a Development Agreement (DA) for the Edgewood Shopping Center (the center), and recommended approval; the agreement was similar to the Owner Participation Agreement (OPA) of the Triad Fitness Center at the Promenade Shopping Center; staff compared the two centers, looked at the cumulative tax that was generated and negotiated .60 cents per square foot with World Gym, which will be approximately $20,000 per year; payments to the City will begin one year after the certificate of occupancy has been issued, in order to allow the gym to in move to the location and build up its membership; after the first year, quarterly payments will be collected; the DA is consistent with the General Plan and the Development Code; the conditions of approval included building an additional tower on the south fagade, a security plan within 60 days of approval of the DA, and the owners contact information to be posted at the center, so that residents can report problems with the property; staff recommended adopting the proposed resolution to uphold the Design Review DR -2014-31. They responded to questions posed by Council stating that the conditions of approval included improvements and maintenance of the landscape in the front and the back of the building, no amplifiers to be allowed on the outdoor area, and staff can negotiate a condition regarding after hour noise; it was suggested to change the cleaning schedule to a later time in order to clear the trash overflow throughout the day; the .60 cents per square foot was a little higher than what all other tenants in that center pay; a condition can be added to the DA to bring a lighting plan that is better than the current and in compliance with the City's guidelines, so that light does not spill over adjacent residences; the Gym will be a 24 hour operation facility and a minor use permit will be required for that purpose; a security plan will be required to be filed with the City within 60 days of approval. Pub Hearing Design Review and Development Agreement World Gym K. Christiansen & E. Ibanez Present Item Question Answer Session Mayor Rocha declared the Hearing open; City Clerk Cornejo read the affidavit of proof of publication Hrg Open published on December 23, 2014 in the San Gabriel Valley Tribune. Ms. Diana Williams addressed the Hearing regarding maintenance and security of the center; she D. Williams expressed concern about the fines imposed on residents for not maintaining their property, and Comments suggested that commercial properties be held to the same standards as residential properties. Ms. Jeri Vogel addressed the Hearing expressing concern about the safety of the center; she suggested J. Vogel that the conditions of the DA should include that security and maintenance be enforced; she stated that Comments she supported the opening of the gym. Mr. Terrence Tallen, advisor for World Gym on the Edgewood Shopping Center, addressed the Hearing stating that he appreciated all of the comments, and they have a plan in place to address all of the concerns that were mentioned; they will be hiring 30-40 people from the community, several of them being managers; the company felt that a fitness facility in the community will be of great benefit and amenity, as the Azusa location will be their world headquarters; he thanked the Council and considered it a pleasure doing business in the community. Mr. Guy Comilleri, Managing Director for World Gym International, addressed the Hearing stating that the gym was founded 1976, in Santa Monica by Mr. Joe Gold and there are 210 locations in 19 countries; for the past two years they looked for a property to meet their needs, and the Edgewood Center property works for them in size and location; all concerns will be addressed once they have settled, as they want to make sure that their members feel safe; their membership includes special discounts for law enforcement, first responders, and military service men and women. T. Tallen Comments G. Commilleri Comments Mr. Robert Donnelson addressed the Hearing stating that the gym will be a good asset for the R. Donnelson shopping center as long as the issues addressed are taken care of, such as the landscaping and trash in Comments the front and back of the building; he requested that the inside security plan includes the outside as well, and allowing only certain hours for the use of the PA System. Ms. Yolanda Pena addressed the Hearing expressing her support for the gym, and stated that her Y. Pena concerns regarding the center were the poor lighting, taxi cab drivers picking up customer, trash, Comments security and people loitering; she suggested that the entire center be addressed as opposed to just the East End. 01/05/2015 PAGE FOUR Mr. Jorge V. Rosales addressed the Hearing stating that having a tenant in the vacant property would J. Rosales probably make a difference to the security and cleaning up of the center; he suggested that the entire Comments center be considered under the same conditions of approval; he asked for the total square footage of the center and the percentage designated for retail. Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo, to close the Public Hrg Closed Hearing, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Community Development Director Christiansen responded to questions posed, stating that the design 'review and all conditions of approval apply to the entire center; the center will be painted to match the World Gym Logo colors; the size of the retail space is approximately 150,000 sq. ft., and 22% will be devoted to the gym; the security plan will be revised by the Police Department, and staff will ensure that it is consistent with the needs of the center; staff will contact the property owner on a regular basis to ensure that it is kept clean; a condition of the DA includes that graffiti is to be removed within 48 hours. Discussion was held regarding expediting the 60 days to implement the safety plan, which would be difficult to do, as the Police and Public Works Departments will need time to review the plan; the shopping center owner is to modify the days and times of cleaning and revise the security patrolling and their patrolling plan to better meet the safety needs of those who visit the center; the gym will occupy what used to be La Flor de Mexico, the China Buffet, a space that is currently occupied by two tenants, and about half of what used to be the Goodwill; it will be the property owners responsibility to assist those tenants that will be moved to another location in order to accommodate the gym; the current tenants have not been notified of the Development pending the City's approval; a community meeting will be set up to inform the public of the Development. K. Christiansen Comments Discussion Further discussion was held regarding a time frame to finalize the Development, which was estimated Further to be 6 months; after the DA has been approved, and the Development Code comes into effect 30 days Discussion after the second reading of the ordinance then the tentative approvals on the work will begin, some of the work will include elevation changes on the building; the DA will be required to come back every year for a review by the Planning Commission. 'City Attorney Martinez requested a revision change to the Ordinance of the Development Agreement Amendment to to add at the end of Section 3 the following sentence: "Subject to any non -substantive changes made Ordinance by the City Attorney and the Community Development Director." Councilmember Macias Offered a Resolution entitled: Reso 2015-C1 Approving A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Design Review UPHOLDING DESIGN REVIEW NO. DR -2014-31 FOR THE DESIGN OF THE WORLD GYM No. LOCATED AT 485 E. GLADSTONE STREET. DR -2014-31 Moved by Councilmember Macias, seconded by Councilmember Carrillo, to waive further reading and adopt Resolution No. 2015-C1, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Councilmember Macias Offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY DEVELOPMENT AGREEMENT WITH MCS EDGEWOOD PROPERTY LOCATED AT 485 E. GLADSTONE STREET, GOVERNMENT CODE SECTION 65864 ET SEQ. Introduce Ord 2015-02 OF AZUSA APPROVING A Approving a CENTER LLC REGARDING Development AZUSA, CA, PURSUANT TO Agreement Moved by Councilmember Macias, seconded by Councilmember Carrillo, to waive further reading, ' read by title only and introduce Ordinance No. 2015-02, with the above noted revision by the City Attorney, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE CONSENT CALENDAR: Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Consent Carrillo, to approve Consent Calendar Items D-1 to D-6, by the following vote of the Council: Calendar YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE 01/05/2015 PAGE FIVE I . The minutes of the regular meeting of December 15, 2014, and the special meetings of December Minutes 15 and December 19, 2014, were approved as written. 2. Resolution No. 2015-C2 was adopted and entitled: Reso 2015-C2 Warrants A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 3. The Human Resources Action Items, in accordance with the City of Azusa Civil Service Rules H.R. Action and applicable Memorandum of Understanding(s), were approved as follows: Item Merit Increase and or Regular Appointments: F. Munoz, F. Zarage, R. Strege New Appointments: O. Morales, R. Espinoza, K. Soliven. Separations: D. Mortensen, E. Sanchez. 4. A cooperative agreement with the County of Los Angeles for the Bridge Preventive Maintenance L.A. Co. Program was approved. Agreement 5. The City Treasurer's Report for the month of November 2014, was received, reviewed and filed. Tres Rprt 6. The Police Department request for a sole source purchase of one (1) Spectracom NetClock, GPS Purchase of Command Center Package (GP934m-94 — Two Networks), from Communications Center, located SpectraCom in Covina, CA, for an amount not to exceed $10,250 was approved. NetClock SUCCESSOR AGENCY RELATED BUSINESS No Items. ORDINANCE/SPECIAL RESOLUTIONS Succr Agency No Items Ord/Resos Councilmember Macias offered an Ordinance entitled: Ord 14-06 Amend AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Rosedale DA APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND ROSEDALE LAND PARTNERS II. Moved by Councilmember Macias, seconded by Mayor Pro -tem Gonzales, to waive further reading and adopt Ordinance No. 14-06, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ADJOURNMENT: It was consensus of the City Council to adjourn the meeting in memory of Ms. Emma Rubio and Ms. Adjourn in Corina Villarreal, lifelong Azusa residents. Memory of E. Rubio & C. Villarreal TIME OF ADJOURNMENT: 9:49 P.M. I t ' NEXT RESOLUTION NO. 2015-C3. (City) NEXT ORDINANCE NO. 2015-03. NEXT RESOLUTION NO. 2015-R1 (Former Redevelopment Agency) NEXT MEETINGS: January 20, 2015, and February 2, 2015. 01/05/2015 PAGE SIX