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03-01-2011 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION March 1, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:14 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. All Councilmembers were present except Councilmember Touhey. Items on the City Council agenda: .Conference with Labor Negotiators — Employee Organizations: W. C. Police Officers' Association, W. C. Police Management Association WC.' Firefighters Association, LA.F.F., Local 3226, W.C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non - Sworn Safety Support Employees, General Employees, Mid - Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City ` Clerk, . Assistant City Manager, Community, Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management — A briefing was provided to the City Council on this matter with no, action taken and nothing further to report. CHANGES TO THE AGENDA None PRESENTATIONS None ORAL COMMUNICATIONS Jesus Novoa Jesus Novoa, West Covina resident, addressed a previously approved request for striping and a sign at Swanee and Orange Avenue inquiring as to when they will be installed. Joaquin Castaneda Joaquin Castaneda, District Director for Assemblyman Roger Hernandez, introduced himself and to offer their assistance to West Covina residents and other members of the Assembly District; and announced a Budget Town Hall meeting to be held on March 12'h. Fredrick Sykes Fredrick Sykes, West Covina resident; addressed concerns pertaining to Commissioners '`comments as comments have counteracted the Commissioner Handbook; lack of transparency due to lack of City Council/CDC Minutes of March 1, 2011 restoring cable broadcast of meetings and requested the Council share the same enthusiasm of the broadcasts as they do for other City projects; spoke against the proposed auto repair ordinance as unconstitutional. Alfred Williams Alfred Williams, West Covina resident, addressed comments by Mayor Pro Tem. Touhey at the previous meeting regardingno volunteers on the south portion of town. Irene Fleck Irene Fleck, West Covina resident; highlighted upcoming events at the West Covina Library which include Dr. Suess's birthday. Elizabeth Peralta Elizabeth Peralta, West- Covina' resident, requested a study on Durness at Willow for speed bumps to control traffic speed; addressed an issue with her car which was parked in front of her home and hit by a driver and circumstances which resulted. Mayor Herfert stated that a volunteer committee was formed to solicit outside funding to construct the letters on the hillside and the City is seeking a grant to fund a dog park emphasizing that the City is making efforts to reduce the budget deficit. CONSENT CALENDAR — City Council/Community Development Commission 1) Approval of Meeting Minutes (receive & file) Minutes Special City Council Minutes of February 15, 2011 Regular Joint City Council/CDC Minutes of February 15, 2011 2) Commission Summary of Actions (receive & file) Summary of Actions Joint Planning/Community'Services Commissions — 02/22/11 Treasurer's Report (receive & file) 3) City Treasurer's Report City Treasurer's Report for the Month of January 2014 4) CDC Treasurer's Report CDC Treasurer's Report for the Month of January 2011 5) City Manager's Office - Miscellaneous Amendment to City Ticket Distribution Policy for City Officials Ticket Distribution Policy Recommendation is that the City Council adopt the following resolution: Resolution No.2011-11 RESOLUTION NO. 2011-11- A .RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE TICKET DISTRIBUTION POLICY 6) Community Development Commission - Miscellaneous Restructure City Line of Credit CDC Line of Credit Recommendation is that the City Council adopt the following resolution: City Resolution No. 2011-12 RESOLUTION NO. 2011-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING TERMS AND ` CONDITIONS FOR REPAYMENT OF A $5.6 MILLION LINE OF. CREDIT EXTENDED TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION It is also recommended that the Community Development Commission approve the following resolution: CDC Resolution No. 612 RESOLUTION NO. 612- A. RESOLUTION OF THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION ESTABLISHING TERMS ' AND CONDITIONS FOR 2 City Council/CDC Minutes of March 1, 2011 REPAYMENT OF A $5.6 MILLION' LINE OF CREDIT PROVIDED BY THE CITY OF WEST COVINA 7) Public Works Department — Miscellaneous Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6 and 7 — Ordering of Engineer's Reports Citywide Lighting MD Nos. Recommendation is that the City Council adopt the following 4, 6, 7 — Engineer Reports resolutions: Resolution No. 2011-13 RESOLUTION NO., 2011-'13A RESOLUTION OF THE CLTY COUNCIL OF '. THE`. CITY .-OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER. TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15; STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 (WEST COVINA LIGHTING AND MAINTENANCE DISTRICT — [2011-2012]) Resolution No. 2011-14 RESOLUTION NO. 2011-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2011-2012 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 — [2011-2012]) Resolution No. 2011-15 RESOLUTION NO. 2011-15 - A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF WEST. COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRIVIATION`OF THE WEST COV,INA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218'!AND 'THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR '2011-2012 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 - [2011-20121) Resolution No. 2011-16 RESOLUTION NO. 2011-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS ' FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2011-2012 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 - [2011-2012]) 8) Request for Reallocation' of Property Taxes Los Angeles County Sanitation District No. 22 (Reorganization No. 2007-02) Location: East of Azusa Avenue Between Aroma Drive and Fairgrove Drive (Tract No 53354 46 Residential'Lots) 3 City Council/CDC Minutes of March 1, 2011 Reallocation of Property Taxes Recommendation is that the City Council adopt the following Azusa Avenue resolution: Resolution No. 2011-17 RESOLUTION NO. 2011-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD -OF SUPERVISORS OF THE ,COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS . OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING REORGANIZATION NO. 2007-02 9) Councilmember/Commissioner. Reports . Councilmember Karin Armbrust City Council Authorization to Apply for Grants for a Dog Park in Dog Park Funding West Covina Recommendation is that the City Council authorize City staff to seek grant funding and locations for a dog park in West Covina. . CONSENT CALENDAR ACTION Motion by Lane and seconded by Armbrust to approve all items on the Consent Calendar as listed. Motion carried by 5 - 0. HEARINGS 10) Continued Public Hearing Code Amendment No. 10-02 Auto Repair and Businesses in Residential Zones Applicant: City of West Covina Location: Citywide Auto Repairs in Residential Areas Mayor Herfert announced the hearing- matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded to open the hearing and Acting Planning Director Jeff Anderson gave a detailed report explaining that the City had received' a ' number of complaints regarding auto repairs on vehicles in residential zones and the City Council initiated a Code Amendment to allow" analysis of the current code and recommend modifications. Specific issues of � concern were regarding auto repair business and the storage: of inoperable vehicles in residential zones. On November 9, 2010, the Planning Commission approved recommendation of the following proposed code amendments to the City Council. Mr. Anderson highlighted the. following nine specific changes being proposed: 1. Prohibiting Vehicle Repair in the Driveway — The- proposed code would prohibit residents from performing vehicle repairs on the driveway in the front yard of a residential property. 2. Vehicle Repair Incident of Vehicle Not Registered at Subject Property — The Code currently limits a resident from working on a vehicle not registered to that address to two times in a month (known as an "incident of repair"). The amended code would allow for a resident to work on a vehicle not registered to the address four times'in a twelve-month period. 3. Modify Time Period Allowed for Incident of Repair — The proposed changes include defining an "incident of repair" for vehicles not registered to that address as a 12-hour period rather than a 72-hour period. 4. Code Violation Citation — Community Enhancement staff has the authority to issue citations and fines if the Municipal Code 4 City Council/CDC Minutes of March 1, 2011 clearly states that an incident is unlawful. The proposed code revision would add text that allows Community. Enhancement to issue citations without prior notification if the Code is being violated. 5. Require Inoperable Vehicles to be Stored Behind a Solid Six - Foot Fence or Wall — Modifies the standard for inoperable vehicles from "screened from all off -site ground level . views" to "stored behind a solid six-foot wall or view -obscuring landscaping" 6. Define that Using a Car Cover does not meet Requirement for Screening — Provides clarification that a car cover does not qualify as adequate screening for inoperable vehicles stored in the front yard. 7. Establish Definition for "Auto Broker" — Adds definition in the Code that refers to an existing definition in the California Vehicle Code (CVC). Allows Community Enhancement staff to work with DMV and/or other government agencies to ,determine if individuals are operating as an auto broker. Auto brokers are currently prohibited from operating a business in a residential zone. 8. Provides Definition for Repair in Residential Zones — Adds definition of repair that allows for code enforcement activities when residents are repairing their vehicles or repairing vehicles not registered to the property. 9. Multiple -Family Zone Requirements — While there are different circumstances in multi -family housing than in single- family housing (such - as driveways); numbers 5 through 8 above have been, included in the Multiple -Family Zone section of the Municipal Code. The Planning Commission did recommend approval of the code amendment after significant discussion after trying to find a line between allowing residents to work on their vehicles and respecting the rights of neighboring residents. Council discussion Mr. Anderson answered questions regarding the definition for "Auto Broker" as there are codes which already prevent auto brokers in residential neighborhoods. Mr. Anderson stated the definition serves as an additional tool to assist Code Enforcement. In response to a question' from Mayor Herfert on. whether any changes to this item would require that it go back to the Planning Commission, City 'Attorney Alvarez'-Glasman stated that minor changes would not require it go back to the Planning Commission:' Open Testimony Mayor Herfert proceeded to open the public comment portion of the hearing and called for comments including any correspondence received. In Favor Dave Stewart, Planning `Commissioner, clarified his intent is not to prohibit minor repairs .such as` a flat 'tire, washing cars, changing light bulbs. But stated he wished to, keep the' City looking beautiful. Nancy Aidin, West Covina resident, spoke in support of the ordinance and felt the intent. is to eliminate constant repairs and stated her disappointment that the City` Council did not approve prior proposal to eliminate overnight parking. Lloyd Johnson, West Covina resident; spoke in support of the ordinance and suggested that a permit process be implemented for 5 �` City Council/CDC Minutes of March 1, 2011 cars that may be inoperable for a period of time in excess of the code, due to ordering a part or not having funds for a repair. Opposed Frank Skislock, West Covina resident, opined that the meeting is illegal due to lack of notice to the residents and addressed reasons for his opposition. Mike Disarufino, West Covina resident, opposed the proposed ordinance citing that with code enforcement responding on a complaint basis, vindictive neighbors will report all minor issues. Brad McFadden, West Covina resident, disagreed with certain sections of the proposed ordinance citing some inconsistencies and suggested revisions. Close testimony There being no one else wishing to address Council, Mayor Herfert closed the public testimony portion of the meeting. Council discussion Mayor Herfert inquired as to the definition of "repair" and whether it includes oil changes and whether an inoperable car under a car cover can be cited and expressed concern that many residents do not have a large enough garage to repair a car in or a wall to store an inoperable vehicle behind. Mayor Pro Tern Touhey expressed concerns with ambiguous guidelines that are often misinterpreted differently by different people. Councilmember Lane inquired whether minor repairs can be defined and if a resident needs additional time for repairs if there could be a permit process. Councilmember Armbrust concurred with a permit process and stated that the ordinance is too ambiguous. Councilmember Sanderson addressed rights of property owners and responsibility of owners. not to impede on neighbors' rights and stated the intent of amending the code is regarding auto repair businesses in residential areas. Mayor Herfert stated the main focus and issue was auto broker - type businesses, not the hobby aspect 'of residents doing repairs. He also addressed code enforcement goal of ensuring compliance with our codes. Mayor Pro Tern ;Touhey addressed concerns with the inability to enforce certain aspects of the code. Discussion ensued regarding the current restrictions and possible amendments to address prohibiting the business aspect of auto repairs. Following further discussion regarding auto repairs and auto sales in residential areas, there was consensus to not move forward with the ordinance as drafted but to focus on addressing auto repair business. Motion Mayor Herfert requested to take action on the ordinance in an effort to not allow the ordinance to move forward as drafted. Motion by Herfert and seconded by Armbrust to introduce the following ordinance: z City Council/CDC Minutes of March 1, 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST - COVINA MUNICIPAL CODE RELATED TO AUTO REPAIR BUSINESSES OPERATING IN RESIDENTIAL ZONES Motion to introduce failed 0-5. Direction was provided to staff consider procedures to address reported auto broker and auto repair business operating in residential zones. ADJOURNMENT Mayor Pro Tern Touhey.moved to adjourn the meeting at 8:41 p.m. in memory of the following: • Dave Shively, retired West Covina police officer • Andrew Jack Wilson, 50 year active resident. Motion carried by 5-0. Submitted by: Assistant Ci -Clerk- Susan Rush rr 1