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
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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)
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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
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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
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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:
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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
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