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HomeMy WebLinkAboutMinutes - Minutes - City Code Review Council Committee - Meeting Date: 3/25/2021MINUTES CITY CODE REVIEW COUNCIL COMMITTEE GLENDALE CIVIC CENTER 5750 W. GLENN DRIVE GLENDALE, ARIZONA 85301 THURSDAY, MARCH 25, 2021 5:00 PM CALL TO ORDER The meeting was called to order at approximately 5 PM. ROLL CALL Committee members present: Chairperson Councilmember Ray Malnar, Councilmember Joyce Clark, Yvonne Knaack, Ron Short, Michael Socaciu, Barbara Lentz, Councilmember Bart Turner, Camille Donley, Rich LeVander, and Warren Wilfong are all present. Committee members absent: None. City staff present: Rick St. John (Deputy City Manager, Public Safety), David Richert (Interim Planning Administrator), Michael Bailey (City Attorney), Jamsheed Mehta (Development Services Director), Adam Santiago (Council Assistant), and Diana Figueroa (Admin. Support Supervisor), were present. CITIZEN COMMENTS Mr. Adam Santiago read Ms. Marcia Garland's message that was submitted as a citizen comment. The message referenced Chapter 25, nuisance, article 2, Sec 25-24 miscellaneous, F-1985. Ms. Garland requested an additional step in the process of responding to animal noise nuisance. Ms. Garland suggested not putting the burden of proof on the complainant, but to rather issue something in writing to the violator – explaining that if the noise persists after an initial warning, the offense can lead to a civil or criminal citation as a class 1 misdemeanor and possible removal of the animal from the home. Chairperson Malnar asked Mr. Santiago to share the written comment request with Mr. Rick St. John for follow up with Ms. Garland. APPROVAL OF THE MINUTES A motion to approve the February meeting minutes was made by Ms. Knaack and seconded by Councilmember Turner. All were in favor, and none opposed. UNFINISHED BUSINESS AND POSSIBLE ACTION A. Review of Littering Assistant Police Chief Rich LeVander shared code language from Sec. 27-52. - Littering, glass containers, and fires prohibited — exceptions; Scottsdale City Codes; and Arizona Revised Stature. Mr. LeVander noted the Arizona Statute reads exactly like Scottsdale City Codes. Mr. Short thanked Mr. LeVander for sharing his findings, and Mr. Short expressed how much he thought it would be helpful to adopt some kind of littering code and create stronger methods of enforcement and repercussions for those littering. Councilmember Turner agreed that other properties beyond city parks should be addressed in the code as well. Ms. Knaack also agreed that this should be written in the code, and Councilmember Clark suggested mirroring Scottsdale's language. Mr. LeVander also agreed, but then recommended that since there would be sensitive information drafted and mailed, the volunteers should go through a background check. Councilmember Clark wasn't in support of this and suggested further discussion on the subject Chairperson Malnar agreed. Chairperson Malnar asked if the committee wanted to simply adopt the Scottsdale language, and Mr. Short suggested it being an add-on for the current Glendale code. Mr. Short made a motion for this, and Councilmember Turner seconded. All were in favor, and none opposed. Chairperson Malnar asked Mr. St. John if he could easily incorporate this into his current work, and Mr. St. John said he could, and he recommended placing this in Chapter 25. Mr. St. John then asked the committee about making a distinction between civil and criminal offenses. Ms. Knaack agreed with this. Chairperson Malnar asked if the committee needed to specify. Mr. Bailey recommended seeing what is available already prior to attempting to draft something from scratch. Councilmember Clark asked if the committee mirrors what they've done in other instances and potentially pursue civil violations initially and then criminal. UPDATES AND PRESENTATIONS A. Michael Bailey, City Attorney — Parking Mr. Bailey said he anticipates the recommendation will go forth to city council within the next month. One of the concerns last meeting was the placement of this in the code. Mr. Bailey also reminded everyone how the universal enforcement might affect HOAs or other groups. He also encouraged the committee to ensure they're addressing the problem without creating a new problem, and the committee must also not be punitive. Chairperson Malnar confirmed that within the next month, the committee will have nuisance and parking sections properly separated. Mr. Wilfong brought up the nonconforming issue in regard to parking. Mr. Bailey explained vested rights, said he could look into this, and said the committee is more concerned with zoning rather than the surface of the parking area. Mr. Wilfong said there are still issues with this, and they aren't legal parking areas. His major concern is that everyone is in agreement now, but this may change in several years. Mr. Bailey appreciated Mr. Wilfong's intentions and concerns. Councilmember Clark asked why the city hasn't rescinded the grandfathering interpretation made by the previous planning administrator. Mr. Bailey explained the memo. that was the foundation establishing the grandfathering right was rescinded about a year and a half ago, but the issue is the memo. made the grandfathering rights; thus, they still exist. Councilmember Clark how the citizens will know it's not a right the city embraces anymore, and Mr. Bailey noted this is the goal of addressing this with city council within the next 2-4 weeks. Mr. Turner asked if the surface of the parking areas will be addressed in the parking code rather than the business code. Mr. Bailey said the zoning will be identifying the parking areas, and then there will be another separate section designating the design standards of a parking area. Chairperson Malnar asked to highlight what concerns Mr. Bailey will be addressing as he approaches his findings to the council. Mr. Bailey noted the glaring example of RV parking. Chairperson Malnar made a point to let the committee know their notes and recommendations are in review and will be shared with city council. Ms. Knaack asked if there are any considerations for temporary versus permanent situations, and Mr. Bailey asked what level of relief do they want 2 to grant, and who should be the organization of person who provides that relief? Councilmember Clark noted it's not a matter or temporary or permanent relief, but it should be noted it's on a case- by-case basis; this was part of the initial problem. B. Rick St. John, Deputy City Manager — Rental Parking Mr. St. John provided the code for Chapter 29.1 - Residential Rental Property. Even though this isn't part of the zoning, it's part of the general city code with a relief function in this chapter. Mr. St. John noted much of the chapter is written for landlords, not rentals. When it comes to tenant behavior on property, there are codes expressing responsibility of tenants. Mr. St. John reminded everyone the purpose is to simplify the code. Mr. St. John recommended leaving Chapter 29 as "Landlord Responsibilities" and then use Chapters 19, 24, and 25 to govern how a tenant uses the rental property. Councilmember Clark noted that in the past, the city has trouble locating the landlord. Mr. St. John said they could determine if appropriate language is added to the code to ensure the tenant provides the landlord information (or suffer code violation consequences). Mr. Short noted that specifying the landlord/tenant responsibilities will be necessary, and Mr. Wilfong suggested the landlord should be notified upon the first tenant offense. Councilmember Clark noted each rental agreement is different, and then agreed with Mr. Wilfong. Councilmember Turner argued it's the property owner's responsibility to maintain the property, and then agreed with Mr. Wilfong as well. Chairperson Malnar asked to clarify Mr. St. John's request of Chapter 29 being called "Landlord Responsibilities" and then holding tenants accountable under the standard nuisance ordinances; Mr. St. John confirmed this, and then stated the landlord and tenant responsibilities will be separated in the Chapters 19, 24, 25, and 29. Councilmember Clark asked if the tenant responsibilities could be consolidated in one chapter titled "Tenant Responsibilities." Mr. St. John said the code would be duplicated in that chapter, and the term tenant is not only a renter, but it could be anyone residing in a residence. Councilmember Turner asked if there's anything required by a tenant that's renting a property that isn't required of any other type of tenant, and Mr. St. John said there wasn't. Chairperson Malnar then asked the committee to move forward. DISCUSSION AND ACTION ON SUBCOMMITTEE RECOMMENDATIONS A. COMMERCIAL COMMITTEE — YVONNE KNAACK Ms. Knaack didn't have anything to report at this time. Councilmember Clark brought up focus areas of the past, and asked if inspectors could be used in the future again. Mr. St. John noted they have implemented a project like this in the Ocotillo district, sent out violation letters, and noted how many of the letters successfully fixed the issues. Mr. St. John said there was about a 60% compliant response in two neighborhoods, and he was pleased. Councilmember Clark praised Mr. St. John for all his dedication to this work. Chairperson Malnar suggested the committee moves on to the next discussion item. B. RESIDENTIAL COMMITTEE — COUNCILMEMBER BART TURNER 1. Regulation of weeds and grass on desert landscaping language change recommendation. Councilmember Turner wanted Mr. Bailey to touch on this, but he already left the meeting. This will wait until the next meeting. C. PARKING COMMITTEE — WARREN WILFONG Mr. Wilfong had comments to share later in the meeting. 3 D. MISCELLANEOUS COMMITTEE — RON SHORT Mr. Short viewed the Glendale 5G technology presentation earlier in the day, and he found it to be well -explained and helpful. Mr. Short asked four questions of the group, so he asked if 5G antennae could be attached to existing light poles; the answer was yes. His second question was whether or not the small cell poles be placed at the rear of right of way lots near mailboxes, and the response was unclear. Mr. Short then asked if the newer poles could be aesthetically pleasing, and they said yes. Mr. Short's fourth question asked if the poles will propose cell poles be allowed to be placed on residential properties, yards, parks, or open spaces, but the question wasn't asked to the group. Councilmember Turner added that he also watched the presentation, and he asked if the city has design standards for cell towers and small 5Gs. Mr. Mehta said there are general cellular tower related standards, but there aren't any specific, dimensional ones for 5G. Given the state's regulations, there is some latitude in terms of location, concealing cables, etc. Councilmember Turner said in the 5G meeting today, it was implied by industry representatives that the city could regulate location and aesthetics to some extent. COMMITTEE COMMENTS AND SUGGESTIONS Mr. Wilfong asked how citizens can help in code enforcement violations. Ms. Knaack made a comment about training volunteers and getting volunteers back in the city. Ms. Knaack sensed the city being hesitant to do this; she would like to examine some legal reasons why this is and make a solid decision on involving volunteers in the city or not. Councilmember Clark supported this. Ms. Knaack noted the city used to use civilians to administer parking tickets, and there are many situations where volunteers could be used effectively. Chairperson Malnar made a note to further discuss these concerns in the future. NEXT MEETING The next regular meeting of the City Code Review Committee will be held Thursday, April 22nd, at 5 PM, at Civic Center, 5750 West Glenn Drive, Glendale, Arizona, 85301. ADJOURNMENT Chairperson Malnar adjourned the meeting at approximately 6:31 PM. Submitted by: Diana Figueroa Recording Secretary 4