CITY OF ARTESIA ARTESIA CITY HALL, ARTESIA COUNCIL CHAMBER 18747 CLARKDALE AVENUE, ARTESIA, CA 90701 REGULAR MEETING OF THE ARTESIA CITY COUNCIL MONDAY, SEPTEMBER 8, 2014 7:00 P.M. The regular meeting of the Artesia City Council was called to order at 7:00 p.m., Monday, September 8, 2014 in the Artesia City Council Chamber by Mayor Tony Lima. The Invocation was presented by Anne Corcoran, Auxiliary Board Member of the Bhai Faith and the Pledge of Allegiance was led by Councilmember Sally Flowers. PRESENT: ALSO PRESENT: Sally Flowers, Council member Victor Manalo, Council member Ali Taj, Council member Miguel Canales, Mayor Pro Tem Tony Lima, Mayor William Rawlings, City Manager Justine Menzel, Deputy City Manager Okina Dor, Planning Director Pradeep Elayath, Admin. Service Manager Melissa Gobas, Parks and Recreation Superintendent Andrew Perry, Administrative Analyst Chuck Burkhardt, Public Works Director Kevin Ennis, City Attorney Gloria Considine, City Clerk APPROVAL OF AGENDA TO APPROVE AGENDA. ANNOUNCEMENT REGARDING SPEAKER CARDS Gloria Considine, City Clerk presented announcement. CITIZEN COMMENTS ON ITEMS THAT ARE NOT ON THE AGENDA OR ITEMS LISTED UNDER THE HEADING CONSENT CALENDAR Rene Trevino stated that the condition of the grass at Artesia Park should be moved up on the priority list. He also commented on using reclaimed water. Gene Ramirez stated the city needs to be proactive for new businesses. He stated that he reached out and sent letters to In-n-Out Burger for the possible location at Norwalk Blvd and South Street. He said he received a telephone call from In-n-Out and they were interested and would be contacting the city. Page 1
Bob Medina stated that he felt The Punishers were being discriminated against and wanted out of the City. He said their fees have increased and will double next year. He said they provide food baskets during Thanksgiving and toy give away during Christmas. He said they are being singled out and he doesn t know why. CEREMONIAL PRESENTATION(S) 1. INTRODUCTION OF CAPTAIN KEITH SWENSSON OF THE LAKEWOOD SHERIFF STATION Sgt. Greg Knapp introduced Captain Keith Swensson. 2. COUNTY OF LOS ANGELES PUBLIC LIBRARY 35TH ANNUAL BOOKMARK CONTEST Proclamation was accepted by Barbara Nightingale of the Artesia Library. 3. CERTICATE OF RECOGNITION TO THE CITY OF ARTESIA FOR THEIR SUPPORT OF RELAY FOR LIFE Relay for Life presented plaque to the City for all their support. BUSINESS PRESENTATION(S) 4. ARTESIA LIBRARY MONTHLY EVENTS Barbara Nightingale presented the monthly events. 5. ARTESIA CHAMBER OF COMMERCE UPDATE Larry Caballero presented the Chamber of Commerce update. CONSENT CALENDAR MOTION BY COUNCILMEMBER TAJ SECONDED BY COUNCILMEMBER MANALO TO APPROVE CONSENT CALENDAR. 6. WAIVING OF FULL READING OF ORDINANCES LISTED ON AGENDA 7. EXCUSING COUNCILMEMBERS WHO ARE ABSENT FROM MEETING 8. APPROVAL OF CITY ACCOUNTS PAYABLE CHECK REGISTER 9. APPROVAL OF CITY FINANCIAL REPORTS 10. INFORMATION REGARDING ARTESIA LIBRARY HOURS 11. STATUS REPORT ON THE NEW ARTESIA LIBRARY 12. UPDATE ON DRAFT VEHICLE IMPACT PROTECTION ORDINANCE 13. CASE NO. 2014-12/PLANNING COMMISSION RESOLUTION NO. 2014-14P (CONDITIONAL USE PERMIT MODIFICATION) 14. AGREEMENT WITH OLDTIMERS FOUNDATION TO PROVIDE A DIAL-A-RIDE TRANSPORTATION PROGRAM FOR THE SENIOR AND DISABLED CITIZENS OF ARTESIA 15. ARTESIA INTERNATIONAL STREET FAIR AND DIVERSITY FESTIVAL Page 2
16. FISCAL YEAR 2014 NATIONAL TRANSIT DATABASE MEMORANDUM OF UNDERSTANDING (MOU) ORDINANCE(S) 17. ORDINANCE NO. 14-814 AN ORDINANCE OF THE CITY OF ARTESIA GRANTING AUTHORITY TO THE CITY MANAGER TO APPROVE AND EXECUTE CERTAIN CONTRACTS AND AMENDING THE ARTESIA MUNICIPAL CODE (FIRST READING AND INTRODUCTION) Kevin Ennis, City Attorney presented the staff report for this item. SECONDED BY COUNCILMEMBER MANALO TO WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 14-814 AS READ BY TITLE. PUBLIC HEARING(S) ADMINISTRATION OF OATH Kevin Ennis, City Attorney administered the oath. 18. LATE NIGHT EARLY MORNING PERMIT AND LIVE ENTERTAINMENT PERMIT FOR JULIO S PIZZA AT 17538 PIONEER BOULEVARD, ARTESIA, CA. 90701 RESOLUTION NO. 14-2439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARTESIA GRANTING A LATE NIGHT OPERATION PERMIT PURSUANT TO ARTESIA MUNICIPAL CODE SECTION 3-2.601 TO A BUSINESS KNOWN AS JULIO S PIZZA LOCATED AT 17538 PIONEER BOULEVARD, ARTESIA, CA. 90701 RESOLUTION NO. 14-2440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARTESIA GRANTING AN ENTERTAINMENT PERMIT PURSUANT TO ARTESIA MUNICIPAL CODE SECTION 3-2.601 TO A BUSINESS KNOWN AS JULIO S PIZZA LOCATED AT 17538 PIONEER BOULEVARD, ARTESIA, CA. 90701 Pradeep Elayath, Administrative Service Manager presented the staff report for this item. Mayor Pro Tem Canales thanked staff for working with Julio s Pizza. He said that this is a fantastic venue. He said that he has some questions for Day s Inn if they are at the meeting. Gene Ramirez stated that he was glad that the city is opening doors for businesses but he hopes that sales tax is being collected. Darrell Jones representative for Days Inn stated that they are in favor of Julio s Pizza and they have a great venue. He said the venue offers their guests a new outlet and they are absolutely 100% in favor of Julio s Pizza. He said the hotel has point of sale which addresses sales tax. Page 3
Mayor Pro Tem Canales stated since Days Inn is in favor of Julio s Pizza he had no further questions. Councilmember Taj thanked Mr. Jones for attending the meeting. He said he is in support of Julio s Pizza since Days Inn is completely in support of it. TO CLOSE THE PUBLIC HEARING. Councilmember Flowers inquired if the late night hours are the same as when Julio s was located on Artesia Boulevard. Pradeep Elayath, Administrative Service Manager replied that they did not have a late night entertainment permit at the Artesia Boulevard location. Councilmember Manalo stated that if there were any complaints from the apartment building behind the establishment would the late night permit come before the City Council. Kevin Ennis, City Attorney stated there are conditions in the resolution covering the noise. Councilmember Flowers inquired if the five year permit is typical for approval. Kevin Ennis, City Attorney quoted the code on automatic renewing of the permit. TO WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 14-2439 AND RESOLUTION NO. 14-2440 AS READ BY TITLE. 19. CASE NO. 2014-13/ORDINANCE NO 14-813/PLANNING COMMISSION RESOLUTION NO. 2014-15P AND 2014-16P (CODE AMENDMENT AND CONDITIONAL USE PERMIT FOR CALVARY CHAPEL) Okina Dor, Community Development Director presented the staff report for this item. SECONDED BY COUNCILMEMBER FLOWERS TO CLOSE THE PUBLIC HEARING. Page 4
Mayor Pro Tem Canales inquired as to the reason for zoned areas. William Rawlings, City Manager replied that the reason for zoning is to segregate uses in the most logical fashion as possible and not have conflicting zoning next to each other. Mayor Pro Tem Canales inquired as to how this proposal is not conflicting. William Rawlings, City Manager stated that sometimes there are exceptions to the zoning and this item is one of those. Mayor Pro Tem Canales inquired as to how many churches are in Artesia. Okina Dor, Planning Director replied by saying 18. Mayor Pro Tem Canales stated that Artesia has a lot of churches and banks and one of the biggest problems the city is facing is what businesses to bring into the city to generate revenue. He said he is not sure this is the best location for a church. He said he knows that this spot has been vacant for 10 years and they need a tenant. He said the church needs a better location than Ross Middle School. He inquired if the church could be issued a temporary permit until they find a better location. Kevin Ennis, City Attorney replied that the Ordinance is intended to be a general application and not have a time limit on the type of use in the Commercial General zone as a conditional permitted use. He said it is not recommended to have the Ordinance in effect for one year or issue the Conditional Use Permit for one year. William Rawlings, City Manager presented the background analysis on the property. Councilmember Taj inquired if approving this Ordinance would make it open for everyone. Kevin Ennis, City Attorney replied by saying yes. He said the added category is churches. He said the Ordinance would limit the kinds of churches with stringent requirements. He presented the requirements. He said there are very few sites or properties in the city that would be able meet the criteria. Mayor Lima stated that he was shocked by the vision of the City to create this type of use in a shopping center. Councilmember Manalo inquired about the entrance location for the proposed church. Okina Dor, Planning Director presented the entrance location on the plans. Councilmember Manalo stated that the unit has been vacant for 10 years and he didn t see a problem approving the church for this location. He commented on the vacant storefronts throughout the City. Mayor Lima inquired as to how the church would affect the rest of the shopping center. William Rawlings, City Manager replied it would generate more traffic to the center. Mayor Pro Tem Canales inquired if there were enough parking stalls for the church use. Okina Dor, Planning Director replied that the church meets the parking requirement and are in compliance. Page 5
SECONDED BY COUNCILMEMBER MANALO TO WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO 14-813 AS READ BY TITLE AND AFFIRMED PLANNING COMMISSION S RECOMMENDATION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS FACILITY (CALVARY CHAPEL) AT 18177 PIONEER BOULEVARD IN THE COMMERCIAL GENERAL (C-G) ZONE AND MAKING A DETERMINATION OF CATEGORICAL EXEMPTION UNDER CEQA (CASE NO. 2014-13), SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH IN PLANNING COMMISSION RESOLUTION NO. 2014-16P. COUNCILMEMBERS: Flowers, Manalo and Canales COUNCILMEMBERS: Lima and Taj 20. CASE NO. 2014-15/CITY COUNCIL RESOLUTION NO. 14-2442/ PLANNING COMMISSION RESOLUTION NO. 2014-18P AND 2014-19P (TENTATIVE PARCEL MAP NO. 73007 AND DESIGN REVIEW APPROVAL) Okina Dor, Community Development Director presented the staff report for this item. Kevin Ennis, City Attorney stated that there are two issues before the City Council. He said the first issue is lot consolidation and if the lot consolidation complies with subdivision standards. He said the second issue is the design features of the building. He presented the criteria for lot consolidation and design review for consideration of approval or not. He said the issue of use, hours and use of alcohol are not the applications before the City Council this evening. Mayor Lima inquired on the square footage of the lot. Okina Dor, Planning Director replied over 20,000 square feet. Councilmember Manalo was clarifying that nothing regarding alcohol permits is before the City Council this evening. Mr. Ennis replied correct nothing that is decided tonight is going to have any impact on rather alcohol is approved or disapproved or late night operations occur or don t occur. He said that is not an item on the agenda this evening. He said if someone does apply for that use then it will come before the City Council at a future time. Councilmember Manalo stated that people may have heard that some convenience stores may want to locate there but that issue is not before the City Council either. Mr. Ennis stated that if the City Council approves everything before them tonight it does not give anyone the right to operate for 24 hours or past midnight. He said it does not give anyone the right to sell alcohol. Councilmember Manalo stated that if someone wanted a late night operation permit they would need to come separately before the City Council. Mr. Ennis replied that an alcohol permit would require Planning Commission public hearing and also before the City Council. Page 6
Councilmember Manalo stated that there are four criteria s for an alcohol permit for that certain location. He said there are probably two of the criteria that they would not be able to be comply with at that particular location. Mayor Pro Tem Canales stated that he is glad a development is going to take place at that location. He said it is a very busy and key location in the City. He said currently the property is gated and doesn t look good. He said the fact that someone is interested in developing the location is very important. He said we have a responsible as what we develop to shape that particular corner. He said like eco-friendly plantation and solar panels. He said he has an environmental concern because of the gas station and if the lot is ready for a future development. William Rawlings, City Manager replied that any business that would operate on the site would have to meet State of California environmental requirements. Okina Dor, Planning Director replied that the applicant did clean up a portion of the site by removal of the tanks. He said that they would need to submit soils and contamination information and get clearance from the State Water Control Board as well as Industrial Waste Sanitation District and other agencies. He said if this was to move forward the next step would be a full thorough soil analysis in addition to cleaning and rehabilitation of site. He said the clearance would need to be submitted to the City for review and approval. Mr. Rawlings, City Manager stated the City is fortunate that there is interest in developing this site because it creates economic opportunity to have any possible contamination mitigated. Gene Ramirez stated that during the Planning Commission process he found out that a 7- Eleven store was looking at this location. He inquired of Mr. Dor if this was correct. Okina Dor, Planning Director replied that the applicant is Thrifty Oil and they disclosed that they were seeking for a 7-Eleven store. Mr. Ramirez stated the possibility of a 7-Eleven at the location was mentioned during the Planning Commission process. He said that he had petitions against a 7- Eleven store back from 2010 with 538 signatures and he has a petition with 800 signatures against 7-Eleven for the location at South Street and Norwalk Boulevard. He said that he understands the issue of 7-Eleven and 24 hour operating hours or alcohol is not being voted on this evening. He said he understands the issue before the City Council is consolidation of three parcels and design review. He said the concern is if 7- Eleven moves in at a later date that amendments could be added at this point regarding alcohol and hours of operation. He said that he along with his wife sat out front of 7- Eleven between the hours of 8:30 p.m. and 1:00 a.m. and counted customers with alcohol purchases. Steve Jantz stated that 7-Eleven stores bring a lot of criminal activity late at night. He requested receiving notification when applications are submitted for uses for this location. Councilmember Manalo stated that there is concern about alcohol sales at this location and that is not being decided on this evening but inquired as how notification would be handled if a convenience store submits an application for this location. Kevin Ennis, City Attorney stated that a conditional use permit requires a public hearing notice which would be mailed to people who reside within 300 feet of the property and posted at three locations. Okina Dor, Planning Director stated that notification is also posted at the site. William Rawlings, City Manager stated that agendas are posted on the city s website and could be requested from the City Clerk. Page 7
Rene Trevino stated that he lives in the area and it was clearly stated that a 7-Eleven or convenience store would be located in that area. He said that he is heavily involved in the City and that there were quite a few people who had signed two different petitions against the 7-Eleven. He said at some point the voice of the people needs to be heard. He said to give an opportunity to a business to bring in potential alcohol sales to an area that is trying to bring in progress is really unfortunate. Mayor Pro Tem Canales stated that the City Council did hear the concerns regarding the 7-Eleven store back in 2010 and there is not 7-Eleven store at that location. Monica Bertrand-Shick expressed concern with the possible 7-Eleven at this location. TO CLOSE THE PUBLIC HEARING. Mayor Pro Tem Canales stated that he understands the concerns of the community and he has the same concerns. He said that he is against another alcohol establishment opening up on that corner but he is not against development on that corner or economic prosperity for the City. He said if this is the opportunity to clean up that area he is going to support that area 100%. Councilmember Flowers stated that the building needs to look as nice as possible. She inquired as to where the back elevation faces. Okina Dor, Planning Director stated that back of the building faces the parking lot. Councilmember Flowers suggested adding decorative elements to the rear of the building. She commented on better security lighting. Okina Dor, Planning Director stated that there are lights in the parking lot and on the building. Councilmember Flowers suggested adding decorative stone half way up on right and left corner sides of the building. Mayor Pro Tem Canales inquired about plants to prevent graffiti. Kevin Ennis, City Attorney presented options to the City Council if they wanted to make changes to the design review plans. Mayor Lima stated that they are suggesting minimum modifications. William Rawlings, City Manager stated that staff could work with the applicant. Councilmember Flowers inquired if the applicant was present at the meeting. Okina Dor, Planning Director replied by saying yes. Kevin Ennis, City Attorney stated the public hearing would need to be reopened if the City Council would like to speak with applicant. Page 8 TO REOPEN THE PUBLIC HEARING.
Mark Berg of Thrifty Oil stated that they would install flag stone on the corners and decorative treatments on the back of the building. Mayor Pro Tem Canales inquired about a mural on the back of the building. Kevin Ennis, City Attorney stated that he was not sure the municipal code permits murals. Mr. Berg stated that he would need to think about a mural because the tenant would want some say what goes on the building. Mr. Ramirez stated that they want 7-Eleven to understand that four years ago they were not wanted and today is the same. He said it is alright for the consolidation of three lots and that it is not automatically assumed that there is approval for a 24 hour operation permit. TO CLOSE THE PUBLIC HEARING. SECONDED BY COUNCILMEMBER FLOWERS TO WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 14-2442 AS READ BY TITLE. SECONDED BY COUNCILMEMBER FLOWERS TO APPROVE DESIGN REVIEW WITH AMENDMENTS TO CONSTRUCT A NEW 2,400 SQUARE FEET RETAIL BUILDING AT 12202 SOUTH STREET IN THE COMMERCIAL GENERAL (C-G) ZONE AND MAKING A DETERMINATION OF CATEGORICAL EXEMPTION UNDER CEQA. Page 9
COUNCILMEMBER/STAFF INFORMATIONAL REPORTING 21. COUNCILMEMBER REPORTS ON MEETINGS ATTENDED AT PUBLIC EXPENSE Councilmember Flowers- State of the Nation D.E. S Hall Dinner Councilmember Manalo State of the Nation D.E.S Hall Dinner Councilmember Taj State of the Nation League of California Cities Conference Mayor Pro Tem Canales Local Government Commission meeting D.E.S Dinner Mayor Lima D.E.S. Dinner State of the Nation Festa de Praria in Portugal 22. DEPARTMENT HEAD AND CITY MANAGER INFORMATION BRIEFS Chuck Burkhardt, Public Works Director reported on lifting sidewalk on 183rd Street, vine trimming on South Street and standing water in residential area. ADDITIONAL CITIZEN COMMENTS Pete Ochoa inquired as to what councilmembers would be attending the Jamay event. COUNCILMEMBER COMMENTS Councilmember Flowers stated that she attended the Chance to Go Green event over the weekend. She stated that there are weeds in the medians on South Street. She expressed concern with the comments made by Bob Medina of the Punishers. Councilmember Manalo stated that the next Board of Directors meeting for California Contract Cities is September 17th hosted by Los Angeles Fire Department. He inquired if reclaimed water could be checked into or has it already been checked into. He said that he has received complaints about homes renting to multiple tenants. Councilmember Taj stated that Chance to Go Green event was great. He commented on the band playing at Artesia Park for movie night in the park. He said that he attended the Sahara Clinic Network and Pioneer Boulevard Walk with Congresswoman Linda Sanchez. He requested getting information and progress on the water reduction rates and having it on the next agenda. He also requested status on the billboard. He requested receiving information as to where the city is with the trash hauler. He inquired about the zoning code on marijuana dispensaries. Mayor Pro Tem Canales stated that he attended the India Independence event on August 16th, Chance to Go Green event and movie night at Artesia Park. He said that the Artesia Historical Society will be having their event on October 3rd and International Festival on October 4th. He said that the city needs to be more assertive with cleanup on blighted and abandoned buildings. He suggested an ordinance and enforcement of the ordinance for these issues. He said also that shopping centers need to be kept up. He said the City is nominated for Business Friendliest City and a decision will be determined in November. He said it is the 13th anniversary of 9/11. He commented on domestic violence and the media s and publics input. Mayor Lima stated that the Chance to Go Green event was successful. He said the International Fair is coming in October. He said that he did the walk with Congresswoman Linda Sanchez. He inquired about a timeline for Pioneer Boulevard Page 10
for renovations. He inquired if the bids for trash contractors would be sealed bids. He inquired on the status of the canopy for A.J. Padelford Park. ADJOURNMENT There being no further business the meeting was adjourned at 10:05 p.m. ATTEST: GLORIA CONSIDINE, CITY CLERK I, Gloria Considine, City Clerk of the City of Artesia, do hereby certify that the following minutes were approved by the City Council of the City of Artesia at a Regular Meeting held on the 13th day of October 2014, by the following roll call vote: COUNCIL MEMBERS: Flowers, Manalo, Taj, Canales and Lima COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None GLORIA CONSIDINE, CITY CLERK Page 11