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HomeMy WebLinkAboutAgenda Packet - July 27, 2015 - CC Special pfz #1ZUSA NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL AND THE SUCCESSOR TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA: NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council and the Successor Agency to the Former Redevelopment Agency, is hereby called to be held MONDAY, JULY 27, 2015 immediately following the Utility Board Meeting which begins at 6:30 P.M. at the Azusa Light and Water Conference Room located at 729 N. Azusa Avenue, Azusa, California. Said Special Meeting shall be for discussing, hearing and taking action on the items listed below: AGENDA AZUSA CITY COUNCIL JOSEPH ROMERO ROCHA MAYOR EDWARD J. ALVAREZ ANGEL CARRILLO MAYOR PRO-TEM COUNCILMEMBER URIEL EDWARD MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER A. PRELIMINARY BUSINESS. 1. Call to Order 2. Roll Call B. PUBLIC COMMENT—Limited to items listed on this Special Meeting Notice. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, subject to compliance with applicable meeting rules, on items listed on this agenda only. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. C. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wishes to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. RESOLUTION NO. 2015-C37 BY THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE - IMPROVEMENT AREA NO. 1) REGARDING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS BY SUCH COMMUNITY FACILITIES DISTRICT. RECOMMENDED ACTION: Adopt Resolution No. 2015-C37 approving the issuance of refunding bonds to refund outstanding bonds of Community Facilities District No. 2005-1 (Rosedale) Improvement Area No. 1; and approve the execution of necessary financing documents. 2. PROESSIONAL SERVICES AGREEMENT WITH KELLY ASSOCIATES MANAGEMENT GROUP FOR SPECIALIZED MANAGEMENT SERVICES RELATED TO HUMAN RESOURCES AND SUCCESSOR AGENCY ACTIVITIES RECOMMENDED ACTION: Award the contract to Kelly Associates Management Group in an amount in an amount not to exceed $20,000 to complete the Long Range Property Management Plan and Housing Assets Transfer for the Economic and Community Development Department ($10,000), and Negotiations with the bargaining units, Develop Employee Recognition Policy, and other Human Resources/Risk Management studies as assigned for the Human Resources and Risk Management Department ($10,000); and authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City. 3. TEMPORARY CONSTRUCTION ENTRY LICENSE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE CITY OF AZUSA REDEVELOPMENT AGENCY AND NET DEVELOPMENT CO., INC. TO ACCESS CERTAIN SUCCESSOR AGENCY OWNED REAL PROPERTY LOCATED AT 237 S. AZUSA AVENUE FOR THE LIMITED PURPOSE OF STAGING FOR CONSTRUCTION. RECOMMENDED ACTION: Approve the agreement, in substantially final form, providing Developer temporary access for construction staging purposes, authorize the City Manager to execute the agreement and direct the City Manager to take all actions necessary to implement the intent of the agreement 2 • D. SCHEDULED ITEMS 1. PUBLIC HEARING - RESOLUTIONS AMENDING CITY'S SCHEDULE OF FEES AND CHARGES AND ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. RECOMMENDED ACTION: Adopt Resolution No. 2015-C38, establishing Certain Development Project Fees and Service Charges; adopt resolution No. 2015-C39, establishing a User Fee Schedule For Various Municipal benefits and services; and adopt the Fiscal Year 2015-2016 Schedule of Fees and Charges. 2. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. The City Council finds that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3) that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA RECOMMENDED ACTION: Adopt Interim Urgency Ordinance No. 2015-07 prohibiting the issuance of business licenses or other permits or entitlements for massage establishments, for forty-five (45) days. E. SUCCESSOR AGENCY SCHEDULED ITEMS. 1. REFUNDING OF 2005, 2007A AND 2008B TAX ALLOCATION BONDS. RECOMMENDED ACTION: Approve Resolution 2015-R14 approving a form of Preliminary Official Statement making certain determinations relating thereto; and authorize the City Manager and the Director of Finance to execute the necessary financing documents. 2. ADOPTION OF RESOLUTION APPROVING AND ADOPTING A LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE 34191.5 FOR 229 S. AZUSA AVENUE (8614-014-918, 819, & 820). The approval of the Property Management Plan through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk is authorized and directed to file a Notice of Exemption with the appropriate official of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. 3 RECOMMENDED ACTION: Adopt Resolution No. 2015-R15, approving and adopting a Long-Range Property Management Plan prepared pursuant to Health and Safety Code section 34191.5 for 229 S. Azusa Avenue (8614-014-917). 3. ADOPTION OF RESOLUTION APPROVING AND ADOPTING A LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE 34191.5 FOR 237 S. AZUSA AVENUE (8614-014-917). The approval of the Property Management Plan through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk is authorized and directed to file a Notice of Exemption with the appropriate official of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. RECOMMENDED ACTION: Adopt Resolution No. 2015-C16, approving and adopting a Long-Range Property Management Plan prepared pursuant to Health and Safety Code section 34191.5 for 237 S. Azusa Avenue (8614-014-917). F. STUDY SESSION 1. DISCUSSION REGARDING POTENTIAL DESIGN ENHANCEMENTS TO DOWNTOWN PARKING STRUCTURE. RECOMMENDED ACTION: Consider Potential Design Enhancements to Downtown Parking Structure and Direct Staff Accordingly. G. ADJOURNMENT. 1. Adjourn In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 4 I HEREBY CERTIFY that I received a copy of the attached "NOTICE OF A SPECIAL MEETING" of the Azusa City Council and the Successor Agency to the Former Redevelopment Agency of the City of Azusa, to be held on MONDAY, JULY 27, 2015, immediately following the Utility Board Meeting which begins at 6:30 P.M., in the Azusa Light & Water Conference Room, located at 729 N. Azusa Ave., Azusa, CA 91702. NAME DATE & TIME DELIVERED BY All'eA- /igtilM -7434/S' 9:1A)104,,1 Si)e 0,11 r S ,l4cti7siz-- OSEP ROMERO ROCHA, MAYOR ' '''.0ea-ePtl tt ti ( l ( EDWARD J. A iAREZ, MA;. • PRO-TEM ad91-f' ,--t-‘ i + t r t( ( ANGEL A. CARRILLO, COUNCIL MEMBER r- ,f URIEL EDWARD MACIAS, COUNCILMEMBER g/f/. It i k 0 / i ROBER GO ZALES,COUNCILMEMBER /s/JUANA HERNANDEZ ASSISTANT/DEPUTY CLERK 'AZUSA DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA I, P-Y\V C•\ 1C TSV11Y-el-- declare that I am an employee of the City of Azusa. On n1-'t ZO I at '6:10 1 PY`'k- the agenda for the meeting of IA 2-- t Z0 ! , was posted in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page www.ci.azusa.ca.us. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the forgoing is true and correct. EXECUTED -SU f)--4)11-) , at Azusa, California. .1011, r STAFF MEMBER CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEETING Date, 1 V21cI' Ql C 1G1 4' Ch Y1 'KIRA IA AZUSA SCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM,CITY MANAGER FROM: MARCO A. MARTINEZ,CITY ATTORNEY SAM GONZALES,CHIEF OF POLICE KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: JULY 27, 2015 SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS SUMMARY The City's current regulatory scheme regarding massage parlors was adopted in 2010 following the passage of Senate Bill 731. At that time, the City had only four massage parlors operating in the community. Since then, massage parlors have proliferated — seventeen now operate within the community. In 2014, the California Legislature passed Assembly Bill 1147, which restores some regulatory authority over massage parlors to local governments. In order to ensure the protection of the public health, safety, and welfare, City staff requires time to study the effects of these massage parlors on the City and to determine what, if any, new regulations might best serve the interests of the City. This interim urgency ordinance would prohibit the issuance of new business licenses or other permits or entitlements for massage establishments for an initial forty-five day period to allow the City to study this issue in more depth. RECOMMENDATION It is recommended that the City Council take the following action: 1) Adopt the attached interim urgency Ordinance No. 2015-07 prohibiting the issuance of business licenses or other permits or entitlements for massage establishments, for forty-five(45)days. BACKGROUND Interim Urgency Ordinance Prohibiting the Establishment of Businesses Offering Massages July 27, 2015 Page 2 In 2008, the California Legislature passed Senate Bill 731 with the support of the massage industry. Senate Bill 731 placed significant limitations on cities and counties with regard to their ability to license and regulate massage therapists and parlors. All local regulation of massage establishments were superseded by the law that took effect in September 2009. The bill created a non-profit organization, the California Massage Therapy Council (CAMTC) that issues licenses to massage therapists and practitioners. Prior to Senate Bill 731, the City of Azusa only had four massage parlors. Based on the number of massage parlors present at that time and the growing number of applications that the City began receiving, the City issued a moratorium on the issuance of new, or transfer of existing, massage establishment permits. This was to afford the City time to study and adopt regulatory and zoning standards. On April 21, 2008, the City adopted a forty-five day moratorium. Upon expiration of that, on June 2, 2008, the City adopted a ten month, fifteen day moratorium. Upon expiration of that, on April 20, 2009, the City adopted a one-year extension of that moratorium. However, since that moratorium expired in April 2010, and under the new regulations and limitations established by Senate Bill 731, the City has seen an exponential increase in massage parlors. Seventeen such businesses now operate in the community,more than four times the amount in operation in 2010. The California Legislature has since realized the serious unintended consequences of Senate Bill 731 on cities throughout California, and passed Assembly Bill 1147 to restore some regulatory authority to the cities. Assembly Bill 1147 went into effect on January 1, 2015, and provides the City with much greater freedom to address the challenges posed by the proliferation of massage parlors in our community. Though the City has previously passed an interim urgency ordinance to address this issue, California Government Code Section 65858(f) allows the City Council to adopt a subsequent interim ordinance on the same basic issue provided that it is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that lead to the adoption of the prior interim ordinance. The regulation of massage parlors is vital to the public health, safety, and welfare, as evidenced by the high number of service calls and citizen complaints the Police Department has received in recent years. These parlors are a source of code enforcement violations involving excessive noise and parking issues. Beyond that, several citizens, including one informant with personal knowledge,have indicated these massage parlors are operating as de facto brothels,with massage therapists offering sexual favors to clients. Further, the circumstances that lead to the adoption of the 2008 interim ordinance are significantly different from the circumstances currently facing the City. When that ordinance was passed, there were only four massage parlors operating in the city; there are now seventeen. When that ordinance was passed, the regulatory authority of the City in this arena was severely curtailed; much of that authority has now been restored. Before adopting a new ordinance to regulate massage parlors pursuant to the expanded authority returned to the City by Assembly Bill 1147, City Staff requires time to study the issue in depth in order to determine the best way to serve all interests while protecting the public health, safety, and welfare. While this study is being conducted and a new ordinance is being prepared, City staff believes it is critical that a moratorium be established in accordance with Government Code Section 65858. The proposed moratorium will ensure that new massage establishments cannot open until the City has a new ordinance in place that is consistent with Assembly Bill 1147. There will be little to no impact on Interim Urgency Ordinance Prohibiting the Establishment of Businesses Offering Massages July 27, 2015 Page 3 lawfully operating massage establishments as a result of the proposed moratorium. To be adopted, this interim urgency ordinance requires a 4/5s affirmative vote of the City Council. FISCAL IMPACT There is no anticipated fiscal impact from adopting this interim urgency ordinance. Prepared by: Kurt E. Christiansen Economic and Community Development Director Reviewed by: Sam Gonzalez Chief of Police Marco Martinez City Attorney Reviewed and Approved: Troy L. Butzlaff,ICMA-CM City Manager Attachments: Ordinance No. 2015-07 URGENCY ORDINANCE NO. 2015-07 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Azusa ("City") to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and WHEREAS, in 2008, the California Legislature passed legislation, Senate Bill 731, which effectively ended most local regulation of massage establishments; and WHEREAS, on April 21, 2008 the City passed an interim urgency ordinance establishing a moratorium on the issuance of permits and other land use approvals relating to massage establishments to allow the City to study new regulations that would conform with the requirements of Senate Bill 731; and WHEREAS, on June 2, 2008, the City extended the moratorium for ten months and fifteen days to continue studying new regulations; and WHEREAS, on April 20, 2009, the City extended the moratorium for an additional one year period to continue studying new regulations; and WHEREAS, on October 3, 2011 the City adopted a new regulatory scheme governing massage parlors and in full compliance with Senate Bill 731; and WHEREAS, Senate Bill 731 has been widely criticized by local agencies and other groups for providing massage businesses with unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses allowing prostitution and other illegal activities; and WHEREAS, prior to the passage of Senate Bill 731 and the City's previous moratorium, there were only four massage parlors within the City; and WHEREAS, since the prior moratorium ended, the City has seen explosive growth in the number of massage parlors—seventeen massage parlors now operate in the City; and WHEREAS, the increased number of massage parlors has resulted in an increase of police and code enforcement calls and services to many of those establishments, some of which are suspected of allowing and encouraging sexually explicit activity to occur on the premises, including prostitution; and WHEREAS, during City inspections of some existing massage parlors, City inspectors found violations of the Azusa Municipal Code and California law, including workers compensation insurance and minimum wage violations, that lead to over$50,000 in fines; and WHEREAS, arrests have occurred throughout Southern California on prostitution charges associated with massage parlors and arrests both in Southern California and nationwide have tied massage parlors to human trafficking; and WHEREAS, in the last 36 months, the Azusa Police Department has received a number of calls for service and complaints for incidents occurring at massage establishments, including reports of prostitution being conducted on the premises and human trafficking occurring through the parlors; and WHEREAS, in accordance with Senate Bill 731, the Azusa Municipal Code ("AMC") currently allows massage establishments to locate as of right in the same zones, with the same zoning restrictions and requirements of other personal services or professional businesses; and WHEREAS, the California Legislature passed Assembly Bill 1147, recently signed into law by Governor Jerry Brown, which went into effect on January 1, 2015, in response to widespread criticism of Senate Bill 731; and WHEREAS, Assembly Bill 1147 authorizes cities and counties to use zoning and licensing processes to regulate massage establishments by imposing reasonable zoning, business licensing, and health and safety requirements on massage establishments; and WHEREAS, per Government Code Section 65858(f), the legislative body may adopt a subsequent interim ordinance provided that it is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that lead to the adoption of the prior interim ordinance; and WHEREAS, the City's original moratorium ordinances were passed to evaluate compliance with Senate Bill 731 in a landscape with only four massage parlors operating in the City; and WHEREAS, in contrast, this interim ordinance is adopted to evaluate new regulatory options in compliance with the newly expanded authority granted by Assembly Bill 1147 in a landscape with four times as many massage parlors operating in the City; and WHEREAS, City staff requires time to gather data about the adverse impacts of massage establishments and to research, study, and consider ways to possibly amend the City's business license process and the Azusa Municipal Code to reduce potential illegalities occurring at massage establishments; and WHEREAS, City staff and the Police Department are conducting research into the possible and likely impacts of further regulating massage establishments in the City in order to mitigate adverse impacts; and WHEREAS, City staff is gathering factual data regarding the adverse impacts experienced by other cities that permit massage establishments. This information is currently being processed as a tool to draft provisions for regulating massage parlors in the City; and WHEREAS, as a result, the City Council desires to institute a forty-five (45) day moratorium to allow staff and the City Council the opportunity to research and select the best course of action for the City's citizens and the community at large. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. URGENCY FINDINGS. The above recitals are true and correct and are incorporated herein by reference. The Azusa City Council hereby finds and determines that the dramatic change in regulatory authority created by the passage of Assembly Bill 1147, the proliferation of massage establishments at locations throughout the City, as well as the reports of prostitution, human trafficking, and other disturbances and code enforcement violations constitutes an immediate threat to the public health, safety and welfare. The approval of additional entitlements for massage establishments under the City's current regulations will further threaten public health, safety, or welfare. The adoption of this Ordinance is therefore necessary for the immediate protection of the public safety, health and welfare. SECTION 2. IMPOSITION OF MORATORIUM. During the time this Ordinance is in effect, no business license or other permit or entitlement shall be issued for the establishment or operation of a "massage establishment," as defined in Assembly Bill 1147 until September 10, 2015, unless this moratorium is extended or terminated by the City Council. SECTION 3. ADOPTION. Pursuant to Government Code Section 36937, this interim urgency ordinance is designed to protect the health, safety, and welfare of the City and its residents and becomes effective immediately upon adoption by a four-fifths (4/5) vote of the City Council following the notice and public hearing required by Government Code Section 65858(a). SECTION 4. TERM. This Ordinance is adopted under the provisions of Government Code Section 65858 and 36937(b), and shall take effect immediately upon its passage by a four-fifths vote of the City Council. This Ordinance shall remain in effect for forty-five (45) days from its adoption, unless earlier repealed. SECTION 5. REPORT REQUIRED No less than ten (10) days prior to the scheduled expiration of this Ordinance, staff shall issue a report to the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn. SECTION 6. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3) that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof PASSED, APPROVED, AND ADOPTED this 27th day of July, 2015. Joseph Romero Rocha Mayor ATTEST: J- r- a f 'e Cornejo, r. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Jeffrey Lawrence Cornejo Jr., City Clerk of the City of Azusa, do hereby certify that the foregoing Interim Urgency Ordinance No. 2015-07 was duly introduced and adopted at a special meeting of the City Council held on the 27th day of July, 2015, by the following roll-call vote, to wit: AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE 6 J- ' r=• a • - Cornejo, Jr 7 City Clerk APPROVED AS TO FORM: N-i Best, B st & Krieg , LLP City A orney