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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. 1 1 1 1 City Council Minutes, March 2, 1993 Page 3 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. 1 1 City Council Minutes, March 2, 1993 Page 5 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. City Council Minutes, March 2, 1993 Page 6 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 1 City Council Minutes, March 2, 1993 Page 7 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 City Council Minutes, March 2, 1993 Page 8 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. 1 1 City Council Minutes, March 2, 1993 Page 9 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, 1 1 City Council Minutes, March 2, 1993 Page 11 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 1 1 1 1 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. eel& 1 1 1