HomeMy Public PortalAboutCity Council_Minutes_1993-03-02_Regular 19931
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
MARCH 2, 1993
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted February 26, 1993, Mayor McGowan called the meeting of the City
Council to order at 7:30 p.m. on Tuesday, March 2, 1993.
2. ROLL CALL:
PRESENT: Councilmembers- Breazeal, Budds, Wilson, Manning and McGowan
ALSO PRESENT: City Manager Ovrom, City Attorney Martin, Community Development
Director Dawson, Assistant to the City Manager Kravitz, Community
Services Director Chadwick, Economic Development Director Sims,
Financial Services Director Maldonado, Public Services Director Hart, and
Julie Estrada from the Foothill Star Tribune.
3. The invocation was given by Pastor Rob Spina, New Beginnings Church, 5927 Cloverly, Temple
City.
4. The Pledge of Allegiance to the Flag was led by Myrna Tsao, Temple City High School Sophomore
Class President.
Mayor Pro Tem Manning presented a City pin and souvenir agenda to Pastor Spina and Myrna
Tsao and thanked them for their participation.
PRESENTATIONS:
Mayor McGowan presented a Certificate of Recognition to Erin Martin for being named to the
Parade Magazine's 1992 -93 All American High School Soccer Team. Miss Martin expressed
appreciation to the community for their support and stated she is honored. She introduced her
parents, Bill and Marianne Martin.
Mayor Pro Tem Manning stated Erin is very deserving as she has worked very hard but could not
have done it without the support of her parents and the school. She noted that Erin has been
offered a scholarship at Stanford University for soccer and is also an excellent student with a 4.3
grade point average. She stated Erin is a credit to her family and the community and her
teammates hold her in high esteem.
STUDENT REPRESENTATIVE UPDATE:
Student Representative Lisa Mistretta reported that at La Rosa Elementary the second grade
classes will visit the Gene Autry Museum and a fire assembly will be held on March 10th. Cloverly
Elementary has begun a Homework Helper program and Longden Elementary has formed a
Future Scientist and Engineers of America club. Emperor School has begun a book exchange
program and will have an awards assembly on March 5th. All elementary schools are preparing
for a spring concert to be held on March 30th at 7:30 p.m. in the Oak Avenue gym. Oak Avenue
auxiliaries and band participated in the Camellia Festival and the Builders Club entered a float
into the parade and served an after- parade luncheon. The Youth Development 8th grade trip to
City Council Minutes, March 2, 1993 Page 2
Sacramento will take place on March 17th and 18th. She thanked Council on behalf of all the high
school students who participated in Student Day in Government and indicated it was very
informative and interesting. Natasha Trejo and Robbie Sinja were named National Merit
Scholarship finalists and fifteen students will receive the Bank of America Scholarship award. The
high school musical, Fiddler on the Roof, will be performed at the San Gabriel Civic Auditorium
at 7:30 p.m. on March 13th and 14th.
Mayor McGowan stated a request from Pacific Ackworth Foundation has been received to re -open
the hearing concluded on February 2, 1993, relating to a proposed General Plan amendment
regarding Pacific Ackworth's plans to sell the easterly portion of its property for development of
seven homes on a prolongation of Camellia Avenue. This request was received too late to qualify
for tonight's agenda and unless steps are taken under the Brown Act to qualify this request for
this agenda, this matter will have to put over until March 16th without further discussion. She
stated she has reviewed the letter of request and the memorandum from City Attorney Martin
and is convinced that this matter should be discussed tonight. An item which arises too late to
be placed on the agenda may be added by a motion and carried by a 4 /5ths vote of the Council.
If there is such a motion and if it passes without substantive debate by four votes, the request
may be given further debate tonight. Such further debate may then determine by majority vote
whether or not to re -open the hearing, if so a full re- hearing or a mini- hearing, what date, what
notice, what issues, what time allotment, etc. Whenever such supplemental hearing has been
completed, a simple motion by majority vote to annul or confirm the earlier decision should put
an end to this matter. If such motion to add this item to the agenda tonight fails to receive four
affirmative votes, the matter will be placed on the agenda of the meeting of March 16th where the
same issues may be resolved without the need of a 4 /5ths vote.
Mayor McGowan asked if there was a motion.
Councilmember Budds moved to consider Pacific Ackworth Foundation's letter of request dated
March 1, 1993 as an urgency item, seconded by Councilmember Breazeal and carried on a roll call
vote as follows:
ROLL CALL:
AYES: Councilmember- Breazeal ,Budds,Wilson,Manning,McGowan
NOES: Councilmember -None
ABSENT: Councilmember -None
Councilmember Budds moved to open a supplemental focused public hearing; set the hearing for
March 16, 1993, for the sole purpose of reading letters for and against into the record and allowing
Pacific Ackworth Foundation one five minute rebuttal specific to the letter of opposition; and to
direct staff to define the narrow parameters of the hearing within the full notice, seconded by
Mayor Pro Tem Manning and unanimously carried.
5. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: NONE
6. CONSENT CALENDAR:
Councilmember Breazeal requested removal of Item D. Councilmember Budds moved to approve
the remainder of the Consent Calendar as presented, seconded by Councilmember Wilson and
unanimously carried.
A. APPROVAL OF MINUTES - Regular meeting of February 2, 1993
Approved the minutes of the regular meeting of February 2, 1993 as submitted.
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B. ACCEPTANCE OF ROAD IMPROVEMENTS FOR 9518 -24 LIVE OAK AVENUE
(PARCEL MAP NO. 22420) -
Accepted road improvements as approved by the Los Angeles County Public Works
Department and exonerated the Certificate of Deposit No. 958 484.
C. APPROVAL OF AGREEMENT: TREE MAINTENANCE CONTRACT SERVICES -
Approved the agreement with Harnisch Corporation Tree Service for tree maintenance
contract services and authorized the Mayor to sign the agreement.
E. PLANNING COMMISSION ACTIONS - Meeting of February 23, 1993 -
Received and filed.
F. RESOLUTION NO. 93 -3217: APPROVAL OF PAYMENT OF BILLS -
Adopted Resolution No. 93 -3217 allowing claims and demands in the amount of
$259,975.17.
D. ZONING CODE AMENDMENT: ORDINANCE NO. 93 -736 (2nd Reading) RELATIVE
TO THE SPECIFIC PLAN -
Councilmember Breazeal indicated that currently there are nineteen housing units in the
downtown and there have been no deleterious effects. He stated he would like to have
this item reconsidered to permit housing downtown. He suggested adopting the balance
of the Specific Plan and continue for reconsideration items specific to the housing issue.
Mayor McGowan suggested consideration of requiring that markets and restaurants have
a conditional use permit as she felt that protection is needed. She also suggested
consideration of requiring three parking spaces instead of four in the downtown and
collecting an in -lieu fee for less than three spaces. The monies collected would be put
toward the parking district and development of a parking structure. She requested these
issues be reconsidered also.
City Manager Ovrom indicated that due to the number of changes the second reading
should be suspended and discussion begin again.
Councilmember Budds suggested adopting the ordinance this evening and amending it at
some future date on those specific issues.
Council concurred.
Councilmember Breazeal rescinded his request for continuance.
Councilmember Breazeal moved to waive further reading and adopt Ordinance No. 93 -736,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ADOPTING THE DOWNTOWN SPECIFIC PLAN AND CHANGING THE ZONING TO
THE "DOWNTOWN SPECIFIC PLAN" (DSP) CLASSIFICATION, seconded by Council-
member Budds and unanimously carried.
7. UNFINISHED BUSINESS:
A. HISTORICAL SOCIETY LOCATION COMMITTEE -
City Manager Ovrom stated Council, on February 16, 1993, directed staff to compile
additional information in working towards fording a location for the Historical Society.
The formation of a committee is being suggested and may be composed of two
Councilmembers, two Community Services Commissioners, two representatives from the
City Council Minutes, March 2, 1993 Page 4
Historical Society and include staff support. The committee could identify the Historical
Society's needs, long term goals and objectives and consider available options for a long
term solution for the organization. Council may also want to consider interim storage of
existing items.
Councilmember Wilson suggested the following as members of this committee: Mayor Pro
Tem Manning, Councilmember Wilson, Community Services Commissioner Crump and
Community Services Commissioner Caswell. She suggested there be three representatives
from the Historical Society instead of two and felt the organization should decide who they
should be. However, she felt Gene Woidneck, President of the Historical Society should
be one of those representatives. City Manager Ovrom should decide who will provide staff
support.
Councilmember Breazeal suggested Mayor Pro Tem Manning chair this committee.
Council concurred.
8. NEW BUSINESS:
A. PUBLIC HEARING: ORDINANCE NO. 93 -737 (2nd Reading) RELATIVE TO THE
ADOPTION OF 1992 LOS ANGLES COUNTY BUILDING, PLUMBING AND
MECHANICAL CODES, INCLUDING A STATE MANDATED WATER EFFICIENT
LANDSCAPE ORDINANCE -
Community Development Director Dawson stated the City Council, on February 16, 1993,
introduced this ordinance and set the public hearing for this date. Temple City adopts the
Los Angeles County Codes by reference. This ordinance would adopt the most recent Los
Angles County Building, Plumbing, Mechanical and Utilities Codes. Amendments will be
made to Title 20, 26, 28 and 29 of the 1991 Edition of the Codes. According to the
analysis provided by Los Angles County Public Works, Ordinance No. 92 -0114 amends
Title 26 by making the Los Angeles County Building Code conform with the California
State Housing Laws. The ordinance will modify and provide additional criteria for certain
types of construction and uses. In adopting Ordinance 92 -0094, the City will be adopting
a new chapter, Chapter 95, that contains provisions for earthquake hazard reduction in
certain tilt -up buildings; this chapter is not anticipated to be referred to in Temple City,
however, it should be adopted for consistency purposes. The amendments to Title 28
(Plumbing Code) and Title 29 (Mechanical Code) will clarify certain portions of the 1991
Edition of the Codes. The amendment to Title 20 adopting the Water Efficient Landscape
Ordinance will establish provisions for designing, installing and maintaining water - efficient
landscapes. The Ordinance establishes a "water allowance" for each new project and
exempts the projects in landscape design while establishing a maximum amount of water
to be used. It also provides a mechanism for water districts to support the process by
establishing rates based upon water allowance, thus providing an economic incentive for
compliance. The second amendment to Title 26 (Building Code) establishes and clarifies
storm drainage precautions, as well as procedures when violations occur. No new fees are
included in the recommended ordinances, however, an automatic annual fee adjustment
mechanism based upon the Consumer Price Index is contained in the existing codes. Fees
were increased 3.6% for this fis esl year.
Councilmember Breazeal requested clarification of the $50 per meter per year assessment.
Bruce Hooper, District Engineer, Los Angeles County Public Works Department,
indicated an additional meter is required for 5,000 square feet of landscaped area. The
annual assessment covers the direct costs of the additional meter as well as the necessary
calculations to determine the water allowance for that particular property.
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Mayor McGowan declared the public hearing open and invited those wishing to speak on
this matter to come forward at this time.
As there was no one wishing to speak on this matter, Councilmember Wilson moved to
closed the public hearing, seconded by Councilmember Budds and unanimously carried.
Councilmember Breazeal moved to waive further reading and adopt Ordinance No. 93 -737,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ADOPTING LOS ANGELES COUNTY ORDINANCE NOS. 92 -0092, 92 -0114, 92 -0115,
92 -0116, 92 -0127, 92 -0135 BY REFERENCE AS IT PERTAINS TO THE BUILDING,
PLUMBING AND MECHANICAL CODES, INCLUDING THE STATE MANDATED
WATER EFFICIENT LANDSCAPE ORDINANCE, seconded by Mayor Pro Tem Manning
and unanimously carried.
B. PUBLIC HEARING: ZONING CODE AMENDMENT RELATIVE TO SENIOR CITIZEN
HOUSING -
Community Development Director Dawson stated the Planning Commission on July 28,
1992, recommended adoption of a senior citizen housing ordinance. Council on August 18,
1992, directed staff to research the matter further and present pictures of existing senior
citizen projects in other communities. Staff conducted a survey of sixteen cities within the
West San Gabriel Valley and also took pictures of existing senior citizen housing projects.
On February 23, 1993, staff re- presented the senior citizen housing overlay ordinance with
a few modifications from that which was originally recommended. The Planning
Commission conducted a public hearing and adopted a resolution recommending that
Council adopt a senior citizen housing overlay ordinance. The "revised" ordinance included
the following three changes from the original recommendation:
1. Previously, staff recommended a maximum density of thirty -six units per acre.
The revised ordinance recommends no density limit be established in the Code.
Density can be reviewed and evaluated as part of the application review process.
2. Previously, it was recommended that the development standards, such as setbacks
and building heights, consist of the current R -3 standards. The revised
recommendation is that the development standards such as setbacks and building
heights be governed by the underlying zoning.
3. Previously, staff recommended a parking standard of one parking space for every
one - bedroom unit and 1 1/2 parking spaces for every two - bedroom unit. Keyser
Marston suggested a less stringent parking requirement and based upon this
additional input, the revised ordinance recommended every one bedroom unit
provide .5 parking spaces and every two bedroom unit provide .75 or one parking
space.
Associate Planner Corrie Kates made a slide presentation of senior citizen projects in
surrounding cities. He indicated the density of the projects varied; some projects were
subsidized; most were single bedroom units; almost all had common areas; the average age
was 70 with requirements that a person be at least 60 -62 and be fully able to take care
of oneself.
Councilmember Breazeal asked how a couple would qualify if one person is over the
minimum age and one is under.
Community Development Director indicated the suggested age minimum is 62 with only
one person needed to qualify.
Councilmember Breazeal asked about the projects' utilization of parking.
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Associate Planner Kates stated the only project that was underparked was in Monrovia
and in most projects the parking was under utilized and considered to be an insufficient
use of property.
Councilmember Breazeal inquired if auto ownership could be controlled by putting parking
standards in the CC&R's.
Mayor Pro Tem Manning indicated some projects have only a certain amount of parking
spaces with a waiting list for the next available space.
Mayor McGowan requested the Planning Commission minutes dated February 23, 1993
be included as part of the record.
Mayor McGowan declared the public hearing open and invited those wishing to speak on
this matter to come forward at this time.
As there was no one wishing to speak on this matter, Councilmember Wilson moved to
close the public hearing, seconded by Councilmember Breazeal and unanimously carried.
Councilmember Breazeal indicated requiring a zone change and a conditional use permit
causes the cost to go up dramatically and staff work is the same for both. He felt
requiring a zone change would be adequate rather than requiring both.
Councilmember Budds commented that a conditional use permit would be required in
terms of parking to allow for maximum flexibility on a project by project basis.
Community Development Director Dawson suggested waiving the fee when application for
an overlay zone is made in conjunction with a conditional use permit.
Council concurred.
Councilmember Breazeal suggested permitting only one bedroom units if only .5 parking
spaces are allowed.
Councilmember Budds suggested making that decision on a project by project basis
Council concurred.
Councilmember Budds moved to approve the Negative Declaration; introduce for first
reading by title only Ordinance No. 93 -738, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE
TO ESTABLISH A SENIOR CITIZEN HOUSING OVERLAY ZONE, seconded by
Councilmember Breazeal and unanimously carried.
C. PUBLIC HEARING: ZONING CODE AMENDMENT RELATIVE TO GAME ARCADES -
Community Development Director Dawson stated Council, on July 7, 1992, conducted a
public hearing to consider a code amendment which would have defined an arcade as being
any business with more than four arcade games and would have required a conditional use
permit for any such use. Council referred the matter to staff for additional review and
re- evaluation of a previously drafted, but unadopted list of twenty -seven guidelines for
arcade uses. Staff studied the matter further and re- presented it to the Planning
Commission for their consideration on February 9, 1993. The Commission voted to re-
affirm their previous recommendation for the code amendment and recommended that
guidelines be adopted for the evaluation of arcade uses. This Zoning Code amendment
would define a game arcade to mean any business enterprise or establishment having more
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than four games of skill or arcade games. An arcade use could be a principal use, such as
the 88 Arcade at 9445 1/2 Las Tunas Drive, or an incidental use, such as a restaurant with
more than four video machines. The rationale for requiring a CUP whenever there is
more than four machines is that an arcade use, even as an incidental use could pose
certain problems. In the early 1980's a list of standards and requirements for arcades was
drafted but never adopted. Using the previous list of twenty -seven requirements as a
starting point, staff' drafted eleven guidelines which could serve as criteria for evaluating
arcade applications. The intent of the original list of twenty -seven standards appears to
have been to virtually prevent the establishment of any arcade within the City, while the
eleven guidelines being recommended by staff would provide criteria for purposes of
evaluating an application and recommending appropriate conditions of approval. It is
recommended that an ordinance be adopted to define game arcades and to require a
conditional use permit for that use and that a resolution be adopted which contains the
guidelines. This action would be consistent with the Specific Plan, which requires a
conditional use permit for game arcades. Any existing business with more than four
arcade games would be "grandfathered -in ", unless specified to the contrary by the City
Council.
Councilmember Budds asked how staff arrived at the number of four machines and if an
inventory has been done of establishments over the required number of machines.
Community Development Director Dawson indicated four was the number that came up
most frequently among the surveyed cities. An inventory was done and indicates there
are some establishments with more than four machines and unless some specific provision
is put into the code requiring these businesses to apply for a conditional use permit, they
would automatically be grandfathered -in.
Councilmember Breazeal indicated that years ago when this criteria was originally
discussed, the number four was arrived at by considering how many machines would be
feasible for businesses with that type of potential as well as bicycle parking. It was
decided that more than four may not be an incidental use and may become a nuisance.
Mayor McGowan requested the Planning Commission minutes dated February 9, 1993 be
included a part of the record.
Mayor McGowan declared the public hearing open and invited those wishing to speak on
this matter to come forward at this time.
As there was no one wishing to speak on this matter, Councilmember Breazeal moved to
close the public hearing, seconded by Mayor Pro Tem Manning and unanimously carried.
Councilmember Breazeal moved to approve the Negative Declaration; introduce for first
reading by title only Ordinance No. 93 -739, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE
RELATIVE TO THE CONDITIONAL USE PERMIT REQUIREMENTS AND
DEFINITION OF GAME ARCADES WITHIN THE COMMERCIAL ZONES; and adopted
Resolution No. 93 -3216, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ESTABLISHING GUIDELINES FOR ARCADE USES, seconded by
Mayor Pro Tem Manning and unanimously carried.
D. PUBLIC HEARING: ZONING CODE AMENDMENT RELATIVE TO THE
CONGESTION MANAGEMENT PLAN -
Community Development Director Dawson stated the Congestion Management Plan
(CMP) is a new program enacted by the State Legislature. The requirements of the CMP
became effective with voter approval of Proposition 111 in June 1990. A Congestion
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Management Agency (CMA) was designated in each county that includes an urbanized
area. The Los Angeles County Transportation Commission (LACTC) was designated the
CMA for Los Angeles County and this authority transferred to the Metropolitan Transpor-
tation Authority (MTA) on February 1, 1993. The CMP is linked to the state gas tax
increase approved by California voters with the passage of Proposition 111 in 1990. Cities
are required to address regional congestion in order to continue receiving their share of
this money. The statute requires that the local jurisdiction adopt a Transportation
Demand Management (TDM) ordinance as an element of the Congestion Management
Program. New development would be reviewed through a Land Use Approval Process
(LUAP). All development projects which are required to prepare an EIR will be subject
to the LUAP and shall incorporate into the EIR a Transportation Impact Analysis (TIA).
The deadline for adopting the TDM ordinance is April 1, 1993. The ordinance contains
specific development requirements for larger scale projects which are not exempt. Cities
must work together with Caltrans to complete annual monitoring of the CMP highway
system. The information obtained is used to establish the base -year Levels of Service
(LOS) for the CMP system. Traffic counts need to be completed by May 1993. Cities
must self - certify CMP conformance by August 1, 1993. Local jurisdictions must submit
a checklist to MTA self - certifying their conformance with the CMP. The MTA will
annually review the performance of local jurisdictions. Those agencies which are not
complying could have a portion of their gas tax funds withheld by the State Controller.
Traffic Engineer Pat Lang indicated Temple City has only one intersection that falls into
this category, Las Tunas Drive and Rosemead Boulevard. Staff has discussed with
Caltrans the remodeling and modifications of the signals at that intersection in regard to
how this would affect future development along Rosemead Boulevard. The City has plans
for possibly 150 square feet of development over the next five years. It became very
apparent that the CMP ordinance could have a very significant impact on any future
developments of that kind. Consideration was given to designing a plan for that area
which would consider 150 square feet of development over a five -year period as well as
mitigation measures to improve the intersection on a project by project basis. In order to
do any modifications without a plan approved by MTA and Caltrans, an agreement would
be necessary acknowledging that the intersection is in need of improvement and there are
plans underway to improve it to a certain level. It is desired that improvements be tied
into development.
Councilmember Budds indicated it is beneficial if a plan is in place when asking for funds.
Mayor McGowan requested the Planning Commission minutes dated February 9, 1993 be
included as part of the record.
Mayor McGowan declared the public hearing open and invited those wishing to speak on
this matter to come forward at this time.
As there was no one wishing to speak on this matter, Councilmember Wilson moved to
closed the public hearing, seconded by Mayor Pro Tem Manning and unanimously carried.
Councilmember Breazeal moved to approve the Negative Declaration and introduce for
first reading by title only Ordinance No. 93 -740, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY
ZONING CODE ESTABLISHING THE CONGESTION MANAGEMENT PROGRAM
(CMP) RELATING TO TRIP REDUCTION AND TRAVEL DEMAND MEASURES,
seconded by Mayor Pro Tem Manning and unanimously carried.
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E. PUBLIC HEARING: ZONING CODE AMENDMENT TO CLARIFY AN AMBIGUITY
WITH REGARD TO MINIMUM UNIT SIZES AS THEY RELATE TO THE NUMBER
OF BEDROOMS WITHIN ALL R -ZONES -
Community Development Director Dawson stated the Planning Commission requested this
Zoning Code amendment to clarify an ambiguity in the verbiage contained in the Zoning
Code relative to minimum unit sizes. Currently, the Zoning Code contains minimum size
requirements for dwelling units in all residential zones. The minimum size for a dwelling
unit is based upon the number of bedrooms which are contained within the unit. The
minimum size requirement for dwelling units was established in order to prevent the
conversion or creation of substandard housing. The Zoning Code lists the number of
bedrooms and the minimum amount of square footage that is required for the dwelling
unit. The intent of the Code was to require that dwelling units with more than three
bedrooms provide an additional 150 square feet of livable area for each additional
bedroom. The actual verbiage in the Code states that each additional bedroom over three
shall have a minimum of 150 square feet of floor area. A literal interpretation of the
Zoning Code would be that a fourth or fifth bedroom within a dwelling unit must be at
least 150 square feet in size. The intent, however, was not to regulate bedroom size, but
rather to ensure minimum size dwelling units. The Building Code does contain minimum
bedroom sizes; seventy square feet, with a minimum width of seven feet, is required by
the Uniform Building Code. The Zoning Code is referring to the overall gross square
footage of the dwelling unit as opposed to the bedroom size. In order to avoid any
misinterpretation of the code requirements, staff recommends that the verbiage be
revised.
Mayor McGowan declared the public hearing open and invited those wishing to speak on
this matter to come forward at this time.
As there was no one else wishing to speak on this matter, Councilmember Wilson moved
to closed the public hearing, seconded by Mayor Pro Tem Manning and unanimously
carried.
Councilmember Budds moved to approve the Negative Declaration and introduce for first
reading by title only Ordinance No. 93 -741, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE
TO CLARIFY AN AMBIGUITY WITH REGARD TO MINIMUM UNIT SIZES AS THEY
RELATE TO THE NUMBER OF BEDROOMS WITHIN ALL R- ZONES, seconded by
Councilmember Wilson and unanimously carried.
F. MUNICIPAL CODE AMENDMENT RELATIVE TO POLITICAL SIGNS -
City Manager Ovrom stated that during the last General Municipal Election several
questions were raised regarding the extent in which the City may regulate or control the
placement of political signs on both public and private property. The Temple City
Municipal Code presently contains limited regulations for political signage. Section 4221
states that in regard to private property, political signs should not be posted on vacant or
unoccupied buildings. In terms of public property, Section 4223 specifies that hand -bills
or signs should not be posted or affixed to such items as sidewalks, crosswalks, curbs,
curbstones, street lamp posts, hydrants and other public facilities.
City Attorney Martin indicated that a year ago he had urged Council to go slow in
adopting a political sign ordinance. Although many cities have this type of ordinance, he
has yet to fmd a city that has tried to enforce it. He is concerned with the differences
between those political signs relating to an election and those not relating to an election.
If a sign relates to an election it has a time limit and if it does not relate to an election it
either is prohibited, which would be unconstitutional, or may remain up forever with no
time limitations. He urged Council to consider the following alternatives: 1) Adopt a code
City Council Minutes, March 2, 1993 Page 10
of ethics to be signed by every candidate and include verbiage such as "I will not post more
than a " X " number of signs ". All candidates would pledge to agree to the code of ethics
and he who does not will be criticized on that basis. 2) Expend public funds to pay a
certain amount of a candidate's campaign expenditures if that candidate does not put up
more than a " X " number of signs.
Councilmember Wilson indicated if requirements for political signs are very restrictive,
those same requirements should apply to all signs. She commented that the signs are up
for only three weeks and it is difficult to monitor. She felt it is not necessary to send out
the Code Enforcement officer and the candidates should monitor themselves.
Mayor McGowan commented that during the last election she received calls regarding
crews of workers placing signs in every yard on a street. These callers were upset as they
felt they could not take the signs down because it was assumed there was City Hall
approval. She felt it unfair to put residents in this position and signs should not be placed
indiscriminately.
Mayor Pro Tem Manning indicated policing signage would be prohibitive and she is in
favor of the code of ethics as it would promote awareness.
Councilmember Budds agreed it is difficult to police and regulate.
Mayor McGowan indicated something should be done to prevent placement of signs in
vacant lots.
Councilmember Wilson commented that "For Sale" signs are often in the public right of
way.
City Attorney Martin noted that presently there is a rule which states signs cannot be
posted on public property but it is not well defined.
Councilmember Budds indicated a candidate's personal integrity should regulate political
signage.
City Clerk Love indicated Municipal Code Section 4221 states signs cannot be put on
vacant buildings and should be clarified to include vacant lots.
City Manager Ovrom stated staff will insert verbiage into the code of ethics regarding
provisions for political signage and submit to Council for their review.
Councilmember Budds moved to introduce for first reading by title only Ordinance No. 93-
742, as amended, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO
POLITICAL SIGNAGE IN THE CITY OF TEMPLE CITY, seconded by Councilmember
Wilson and unanimously carried.
G. APPEAL OF STAFF DECISION TO DENY A REQUEST FOR THE REMOVAL OF A
CITY -OWNED PARKWAY TREE AT 5015 CAMELLIA -
Public Services Director Hart stated this item was brought before Council on June 17,
1992 in response to a request made by Ms. Dodie Murset. Recently the City received a
written request from Mr. John Gera for removal of the two city -owned Chinese elms in
the parkway. A concern has been expressed that the trees are a nuisance due to the
droppings on autos creating a problem with maintenance of vehicles. Staff made an
inspection and found the trees to be in good health. Per current policy, staff may
authorize the removal of a city -owned tree when the tree is determined to be dead,
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diseased or hazardous. Council upheld staffs denial of the first request. In response to
Mr. Gera's letter, staff inspected the trees a second time and found that the conditions
have not changed. Staff is recommending denial and listed the trees for routine
maintenance in the next week or two.
A video of the subject site was shown.
Councilmember Budds asked if the trees could be trimmed as the branches drip onto a
vehicle located at the house next door. He inquired as to the cost of removing the trees
and replacement with new trees.
Public Services Director Hart indicated the trees can be trimmed to help diminish the
problem but they cannot be trimmed to totally eliminate the problem. He indicated
removal would cost $500 per tree and $300 for each new tree. Staff receives numerous
tree removal requests for similar reasons and approval of this request would establish a
precedent and make it difficult to deny similar requests in the future. Council has
approved tree removal at the resident's expense with special circumstances.
Councilmember Breazeal asked if these trees can damage paint on vehicles and if so is the
City liable.
Public Services Director Hart indicated damage to the paint is possible. Generally the
courts deny such claims as it is a result of the natural process of the tree.
Mayor Pro Tem Manning indicated a precedent cannot be set. A tree cannot be cut down
for no reason and there must be some guidelines.
In response to Councilmember Breazeal's question regarding the number of Chinese Elm
trees in the City, Public Services Director Hart stated there are less than 1,000 Chinese
Elms in the City.
Councilmember Wilson noted that signatures of residents in the neighborhood were
submitted stating they were also bothered by the trees.
Dodie Murset, 5009 Camellia, indicated Liquid Amber was the type of tree that was
supposed to be planted in that location 44 years ago. The property owner at that time
planted two Chinese Elms instead. Last year the trees began to drop pitch and seeds fly
all over the neighborhood which indicates as the tree ages it drops more pitch. She
indicated Mr. Gera will replace the two trees with one tree. She commented she has no
other place to park her car and the trees have also cracked the curb and raised up the
street. Neighbors have threatened to poison the trees and if that were to happen she is
concerned they could fall down.
Councilmember Budds indicated he is also concerned about setting a precedent and
making expenditures for removal of these and other trees as more requests come in.
Councilmember Breazeal indicated setting a precedent can be avoided by requiring that
the tree to be removed must be a Chinese Elm and the resident must agree in writing to
replace the tree with something compatible with the neighborhood.
Public Services Director Hart indicated the Urban Forest Management Plan will include
policies and procedures to be used in handling this kind of situation. Within the last year,
there have been approximately 1200 requests for tree removals. These requests are based
upon the fact that property owners do not like the trees or their location. He is concerned
about what the residual impact will be regarding any decision to remove a tree because
City Council Minutes, March 2, 1993 Page 12
the property owners consider it to be a nuisance. The trees are healthy and the
Maintenance Superintendent who inspected the tree is a certified arborist and found no
special circumstances or justification to remove the tree based upon current criteria.
In response to Councilmember Breazeal's question as to what constitutes a hazard, Public
Services Director Hart indicated a hazard is any situation that would significantly diminish
the trees structural integrity to the extent that the tree could structurally fail.
Councilmember Breazeal suggested consulting with an arborist to find out if it is true that
older trees drop more pitch. He indicated damage to property must clearly be
demonstrated and the property owner will be responsible for replacement costs.
Councilmember Wilson indicated previously a similar request was received and approved
for a tree on Willamonte. Damage to cars and property from tree droppings does happen
periodically.
Councilmember Budds noted the property owner is not present and his statement
indicated he felt the City is responsible for all costs related to the removal and planting
of replacement trees.
Councilmember Breazeal moved to authorize removal of the Chinese Elm trees located at
5015 Camellia Avenue at the City's expense and replacement at the owner's expense with
a 24" box tree of which staff will determine species, seconded by Councilmember Wilson
and was not carried on a roll call vote as follows:
ROLL CALL:
AYES: Councilmember- Breazeal, Wilson
NOES: Councilmember- Budds, Manning, McGowan
ABSENT: Councilmember -None
Councilmember Breazeal moved to continue this item to the next regular meeting to allow
input from the property owner, seconded by Councilmember Budds and unanimously
carried.
Mayor Pro Tem Manning suggested suspending trimming of the trees until after the next
meeting.
H. MUNICIPAL CODE AMENDMENT RELATING TO ON- STREET PARKING
REGULATIONS FOR PHYSICALLY DISABLED PERSONS -
Public Services Director Hart stated the Traffic and Safety Commission, at their regular
meeting held on Wednesday, February 3, 1993, reviewed a proposed ordinance that would
amend the City's Municipal Code, thereby enabling the City Council to designate special
on- street vehicle parking spaces in residential and commercial areas for physically disabled
persons. Staff prepared the proposed ordinance per the Traffic and Safety Commission's
direction in response to Federal American Disabilities Act requirements and a citizen
request for a designated disabled person's parking space at 5538 Welland Avenue. Staff
will develop specific criteria for the installation of disabled persons parking spaces,
including appropriate administration policies and procedures. The Traffic Engineer and
City Attorney have reviewed and approved the proposed ordinance.
In response to Councilmember Breazeal's comment that the Traffic and Safety
Commission's minutes reflected statements from Connie Swank and none from Mrs.
Brown, Public Services Director Hart indicated Mrs. Brown has difficulty getting to her
car because of a special gate that was installed. Mrs. Swank is proposing on Mrs. Brown's
behalf, that a parking space be specifically designated for Mrs. Brown, however, the law
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City Council Minutes, March 2, 1993 Page 13
does not permit this. If such a space were to be designated in the public right -of -way, it
would be available to any disabled person. He indicated that he has talked to Mrs. Brown
in the past and the subject has come up. Mrs. Brown is in favor of some type of relief to
allow easier accessibility to her house.
Councilmember Breazeal suggested granting people who are legitimately disabled an
annual on- street parking permit, waiving the fee and not designating any particular space.
Mayor McGowan commented that space on the street is not always available.
Public Services Director Hart indicated that with respect to ADA requirements, the
ordinance should be in place, however, special parking permits and waivers of fees could
be looked into.
Dodie Murset, 5009 Camellia, indicated Mrs. Brown is wheelchair bound, trying to live
independently and will not ask for help. Any on- street parking would be a great help to
her.
Councilmember Budds moved to introduce for first reading by title only Ordinance No. 93-
743, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING THE TEMPLE CITY MUNICIPAL CODE TO ESTABLISH ON- STREET
PHYSICALLY DISABLED PARKING SPACES IN RESIDENTIAL AND COMMERCIAL
ZONES, seconded by Councilmember Wilson and unanimously carried.
Council directed staff to come back with recommendations regarding the overnight parking
exemption for disabled persons and to include a waiver of the fee.
9. COMMUNICATIONS: NONE
10. RECESS TO CRA:
At 9:35 p.m., the City Council met as the Temple City Community Redevelopment Agency;
approved the Minutes of the regular meeting of February 16, 1993 and adopted Resolution No.
CRA 93 -503, approving claims and demands in the amount of $777.43. Minutes of the Agency are
set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL:
11. ACTION ON REQUEST BY CRA: NONE
12. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE: NONE
13. MATTERS FROM CITY OFFICIALS.
A. RESOLUTION NO. 93 -3218 SUPPORTING FEDERAL LEGISLATION ENDING THE
PRACTICE OF IMPOSING UNFUNDED FEDERAL MANDATES ON LOCAL AND
STATE GOVERNMENTS -
Councilmember Breazeal stated a similar resolution should be adopted and sent to the
State legislature.
Council concurred.
City Council Minutes, March 2, 1993 Page 14
Councilmember Breazeal moved to adopt Resolution No. 93 -3218, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, SUPPORTING
FEDERAL LEGISLATION ENDING THE PRACTICE OF IMPOSING UNFUNDED
FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS; and adopt
Resolution No. 93 -3219, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, SUPPORTING STATE LEGISLATION ENDING THE
PRACTICE OF IMPOSING UNFUNDED STATE MANDATES ON LOCAL
GOVERNMENTS, seconded by Mayor Pro Tem Manning and unanimously carried.
B. OTHER -
1. Councilmember Breazeal stated he is on the technical committee for the SCAG
San Gabriel Valley Regional Comprehensive Plan. Eleven proposals were received
and three firms have been selected for the executive committee to review. The
committee looked hard for firms that not only were technically qualified but would
be politically sensitive to recognize they are dealing with several cities and an
organization that does not have the trust of those cities. He indicated he will
keep council apprised of the selection process. He noted that in 1992 it cost
$10,100 for the legislature to take a bill through to submit to the Governor.
There were 1,733 bills submitted to the Governor's desk for signature. He felt
this is another example of the continuing attitude in Sacramento to spend money
with no attempt to reduce administrative costs.
2. Mayor Pro Tem Manning commended staff for their efforts in making Student
Day in Government a success. She gave a special thank you to Administrative
Intern Gina Nila and Assistant to the City Manager Isa Kravitz. She indicated
she received wonderful comments from the students after the program.
3. Councilmember Wilson commented that she was pleased the rain did not spoil the
Camellia Parade and Carnival and that they were a success.
4. Councilmember Budds thanked staff and the Sheriff's Department for their
efforts in making the Camellia Parade and Carnival a success. He also thanked
Julie Estrada, Pasadena Star News, for the nice article she did on the festivities.
14. ADJOURNMENT:
At 9:50 p.m., it was moved, seconded and unanimously carried to adjourn in memory of the slain
Compton police officers, Kevin Burrell and James McDonald; and to an Adjourned meeting on
March 11, 1993 at 6:00 p.m. in the Council Chambers to discuss budget issues.
The next regular meeting of the City Council will be held on Tuesday, March 16, 1993 at 7:30 p.m.
in Council Chambers, 5938 North Kauffman Avenue.
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