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HomeMy Public PortalAbout08) 7F Second Reading and Adoption Ordinance no. 14-991 Renumbering the TCMCDATE: TO: FROM: SUBJECT: MANAGEMENT SERVICES DEPARTMENT MEMORANDUM April15, 2014 The Honorable City Council Donald E. Penman, Interim City Manager~ By: Peggy Kuo, City Clerk AGENDA ITEM ?.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 14-991 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADOPTING THE REORGANIZED CITY OF TEMPLE CITY MUNICIPAL CODE AND ENACTING A NEW CODE NUMBERING SYSTEM FOR THE MUNICIPAL CODE OF CITY OF TEMPLE CITY RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 14-991 (Attachment "A"), adopting the reorganized City of Temple City Municipal Code (Municipal Code) and enacting a new numbering system for the Munici pal Code. BACKGROUND: On April 1, 2014, the City Counci l introduced Ordinance 14-991 and scheduled the second reading for April 15, 2014 (Attachment "8"). ANALYSIS: The City Council rev iewed this item on April 1, 2014 and introduced the proposed ordinance. There were no comments by the City Council or the members of the public that necessitated changes to the ordinance. Therefore, City Council is requested to adopt Ordinance 14-991 reorganizing City of Temple City Municipal Code (Municipal Code) and enacting a new numbering system for the Municipal Code. CONCLUSION: Adoption of the Ordinance No. 14-991 will better accommodate future expansion of the City Council April1, 2014 Page 2 of 2 Municipal Code and simplifies municipal code references. FISCAL IMPACT: There are no fiscal impacts created for updating the current code using the new numbering system, including: the update of any internal references; creation of new index; and the printing of 13 new municipal code books including an update of the code on the City's website. The City Council as part of the Fiscal Year (FY) 2013-14 City Budget approved an appropriation of $12,000 for special contract services. The cost for these services shall not exceed $3,000. A TT ACHMENT(S): A. Ordinance No. 14-991 B. April 1, 2014 Staff Report CITY OF TEMPLE CITY ORDINANCE NO. 14-991 ATTACHMENT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A RECODIFIED TEMPLE CITY MUNICIPAL CODE WHEREAS, Sterling Codifier, Coeur d'Alene, Indiana, has compiled, edited, and published a codification of the permanent and general ordinances of the City of Temple City, California; and WHEREAS, there is now, and will have been for at least fifteen (15) days preceding the date of the hearing to be held for the adoption of this Ordinance, on file in the office of the City Clerk, for public inspection, one copy of a document entitled "Temple City Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Adoption. There is adopted the recodified Temple City Municipal Code (the Code) as compiled, edited, and published by Sterling Codifier, Coeur d'Alene, Indiana, to replace, in its entirety, the Temple City Municipal Code in effect on the date this Ordinance is adopted. SECTION 2: Title-Citation-Reference. The Code shall be known as the "Temple City Municipal Code" and it shall be sufficient to refer to the Code as the "Temple City Municipal Code," "the Code," or "the TCMC" in any prosecution for the violation of any provision of the Code or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion of the Code as an addition to, amendment to, correction of, or repeal of the Code. References may be made to the titles, chapters, sections, and subsections of the Code and such references shall apply to those titles, chapters, sections, or subsections as they appear in the Code. SECTION 3: Reference applies to all amendments. Whenever a reference is made to the Code as the Temple City Municipal Code, the Code, the TCMC, or to any portion thereof, or to any ordinance of the City of Temple City codified in the Code, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made. SECTION 4: Title, chapter, and section headings. Title, chapter, and section headings contained in the Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section in the Code. SECTION 5: Reference to specific ordinances. The provisions of the Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code. SECTION 6: Effect of Code on past actions and obligations. The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Ordinance 14-991 Page 2 of 2 SECTION 7: Constitutionality. If any section, subsection, sentence, clause, or phrase of the Code is for any reason held to be invalid or unconstitutional, then such decision shall not affect the validity of the remaining portion of the Code. SECTION 8: References to Prior TCMC. Unless otherwise expressly stated or the context requires, references in City forms, documents, and regulations to the chapters, sections, and provisions of the Prior TCMC shall be construed to apply to the corresponding chapters, sections, and provisions contained within the Code. SECTION 9: This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF APRIL, 2014. MAYOR ATTEST: APPROVED AS TO FORM City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 14-991 was introduced at the regular meeting of the City Council of the City of Temple City held on the 1't day of Apri12014, its second reading on 15th day of April, 2014, and was duly passed, approved and adopted by said Council at the regular meeting held on 15th day of April, 2014 by the following vote: AYES: Council member: NOES: Councilmember: ABSENT: Councilmember: ABSTAIN: Councilmember: City Clerk ATTACHMENT B AGENDA ITEM 9.E. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: April1, 2014 TO: The Honorable City Council FROM: Donald E. Penman, Interim City Manager By: Peggy Kuo, City Clerk SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 14-991 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADOPTING THE REORGANIZED CITY OF TEMPLE CITY MUNICIPAL CODE AND ENACTING A NEW CODE NUMBERING SYSTEM FOR THE MUNICIPAL CODE OF CITY OF TEMPLE CITY RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 14-991 (Attachment "A"), adopting the reorganized City of Temple City Municipal Code (Municipal Code) and enacting a new numbering system for the Municipal Code; b) Waive further reading of Ordinance No. 14-991; and c) Schedule the second reading of Ordinance No. 14-991 for Apri\15, 2014. BACKGROUND: 1. On May 25, 1960, the City Council adopted Ordinance No. 1 and enacted the City's Municipal Code. 2. On March 2, 1976, the City Council adopted Ordinance No. 75-403 adopting revisions and recodification of the City of Temple City Municipal Code. 3. On May 28, 2004, the City Council approved a Professional Services Agreement with Sterling Codifier, Inc. (Sterling) to provide codification, publication and hosting the Municipal Code online accessed through the City's website. City Council April 1, 2014 Page 2 of 3 ANALYSIS: As a chartered municipality, the City of Temple City (City) may enact laws that differ from State laws or choose to adopt the laws of the State of California by reference. Any city and county may enact, amend, or repeal a charter for its own government according to Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code. Codified Ordinances are those laws adopted by the City Council of the City. City Council may amend the codified ordinances through its legislative enactments. Currently, the Municipal Code is organized by: Title; Chapter; Article; and Section number (i.e., Title 7, Chapter 1, Article A, Section 71 00). Problems can arises when additional Sections are added to the same Article. With the current numbering system, it's difficult to add new section numbers to an Article as it is possible that the next section number is already assigned to the next Article. Title l-BUilDING REGULATIONS '_ Chapter 1 BUILDING CODE ' AATICLEA AOOP1JON 0 7100 ADOPTION OF CODE 0 7Hl1 COPIES ON FILE L..J 7102 AMEND LOS ANGELES COUNTY BUill [J 7103: AMEND LOS ANGELES COUNTY BUill 0 AMEND LOS ANGELES COUNTY BUIU CJ 7105 BUILDING PERMIT FEES: [3 7106 BUILDING PHUvUT FEE, EXCEPTION [J 711J7 AMEND LOS ANGELES COUNTY BUll! 0 7108 AMEND LOS ANGELES COUNTY BUILl 0 7109 AMEND LOS ANGELES COUNTY BUILl 0 1'110 BUILDING STANDARDS REU<.TING TO ~ ARTICLE B. BUILDING PERMITS 1.] 7120 DEFINITIONS: 0 7121· PURPOSE 0 7122 RESTRICTIONS ON CONSTRUCTION [I 7123 AGREEMENT DEDICATE With the recent increase of ordinance adoptions, it has become evident that the current method of organizing the Municipal Code is antiquated, difficult and cumbersome for staff to add new sections to related subjects within a Chapter's Article(s). Staff has already had to present ordinances to City Council this past year to amend duplicate Section numbering. The new proposal would allow for an expandable numbering system (e.g., Sterling's City Council April1, 2014 Page 3 of 3 standard x-y-z numbering system) which better accommodates future expansion of the municipal code. The expandable Sterling standard x-y-z numbering system will facilitate supplementation of the municipal code without disturbing the numbering of existing sections. Each section number designates in sequence the numbers of the Title, Chapter, Article and Section. Thus, with the new numbering system: Title 7; Chapter 1; Article A; Section 1 would be designated as 7-IA-1, leaving nine vacant positions between original sections to accommodate future provisions 7-1 A-1.1, 7-1 A-1 .2, 7-1 A- 1 .3 etc. Similarly, chapters and titles are numbered to provide for internal expansion. 7-1A-O: ADOPTION OF CODE: 7-1A-1: COPIES ON FILE: 7-1A-1.1 (Future provision) 7-iA-1 .2 (Future provision) The City Council is requested to adopt Ordinance No. 14-991 adopting the reorganized Municipal Code and enacting a new code numbering system for the Municipal Code. The tirneline to complete the renumbering of the Municipal Code is approximately 60 days from time of commencement. Upon adoption of the recodified Municipal Code and pursuant to Government Code Section 50110, a copy of the Code will be sent to the State Library in Sacramento, the Institute of Governmental Studies of the University of California in Berkeley, and the Public Affairs Service of the University of California in Los Angeles. CONCLUSION: Adoption of the Ordinance No. 14-991 will better accommodate future expansion of the Municipal Code and simplifies municipal code references. FISCAL IMPACT: There are no fiscal impacts created for updating the current code using the new numbering system, including: the update of any internal references; creation of new index; and the printing of 13 new municipal code books including an update of the code on the City's website. The cost for these services shall not exceed $3,000. The City Council as part of the Fiscal Year (FY) 2013-14 City Budget approved an appropriation of $12,000 for special contract services. ATTACHMENT(S): A Ordinance No. 14-991 B. Example of Table of Content CITY OF TEMPLE CITY ORDINANCE NO. 14-991 ATTACHMENT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A RECODIFIED TEMPLE CITY MUNICIPAL CODE WHEREAS, Sterling Codifier, Coeur d'Alene, Indiana, has compiled. edited, and published a codification of the permanent and general ordinances of the City of Temple City, California; and WHEREAS, there is now, and will have been for at least fifteen (15) days preceding the date of the hearing to be held for the adoption of this Ordinance, on file in the office of the City Clerk, for public inspection, one copy of a document entitled "Temple City Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Adoption. There is adopted the recodified Temple City Municipal Code (the Code) as compiled, edited, and published by Sterling Codifier, Coeur d'Alene, Indiana, to replace, in its entirety, the Temple City Municipal Code in effect on the date this Ordinance is adopted. SECTION 2: Title-Citation-Reference. The Code shall be known as the "Temple City Municipal Code" and it shall be sufficient to refer to the Code as the "Temple City Municipal Code," "the Code," or "the TCMC" in any prosecution for the violation of any provision of the Code or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion of the Code as an addition to, amendment to, correction of, or repeal of the Code. References may be made to the titles, chapters, sections, and subsections of the Code and such references shall apply to those titles, chapters, sections, or subsections as they appear in the Code. SECTION 3: Reference applies to all amendments. Whenever a reference is made to the Code as the Temple City Municipal Code, the Code, the TCMC, or to any portion thereof, or to any ordinance of the City of Temple City codified in the Code, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made. SECTION 4: Title, chapter and section headings. Title, chapter, and section headings contained in the Code shall not be deemed to govern, limit. modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section in the Code. SECTION 5: Reference to specific ordinances. The provisions of the Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code. SECTION 6: Effect of Code on past actions and obligations. The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Ordinance 14-991 Page 2 of2 SECTION 7: Constitutionality. If any section, subsection, sentence, clause, or phrase of the Code is for any reason held to be invalid or unconstitutional, then such decision shall not affect the validity of the remaining portion of the Code. SECTION 8: References to Prior TCMC. Unless otherwise expressly stated or the context requires, references in City forms, documents, and regulations to the chapters, sections, and provisions of the Prior TCMC shall be construed to apply to the corresponding chapters, sections, and provisions contained within the Code. SECTION 9: This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, AND ADOPTED THIS 15" DAY OF APRIL, 2014. MAYOR ATIEST: APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 14"991 was introduced at the regular meeting of the City Council of the City of Temple City held on the 1" day of April2014, its second reading on 15th day of April, 2014, and was duly passed, approved and adopted by said Council at the regular meeting held on 15" day of April, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilrnember: Councilmember. Councilmember: Councilmember: ATTACHMENT B TABLE OF CONTENTS TITLE 1 General Provisions Adoption Of Code ............ . Enforcement Of Code . . . . . . . . . . 2 Rules Of Construction , ..... , .. , 3 AdminiSirative Citations , .. , . . . . 4 TITLE 2 Administration City Council . . . . . . . . . . . . . . . . . 1 City Manager . , , ...... , . . . . . . 2 Personnel System . . . . . . . . . . . . . 3 Adoption And Application . . . . . 3A Classified Service . . . . . . . . . . . 36 Conditions Of Employment . . . . 3C Officers ..... , . . . . . . . . . . . . . . 4 Purchasing System .. , . . . . . . . . . 5 Budget Reserve Fund Balance Requirements ........ 5.5 City Commissions . . . . . . . . . . . . . 6 Parks And Recreation Commission . . . . . . . . . . . . . . 6A Police Commission ....... , . . 6B Art In Public Places Program And Public Arts Commission . . 6C Traffic Commission (Rep. by Ord. 93-747) . . . . . . . . . . . . eo Transportation And Public Safety Commission .....• , . . 6E General Provisions . . . . . . . . . . 6F Civil Defense And Disaster Council .................... 7 Community Redevelopment Agency ........ , ........... 8 Community Development And Housing Authority . . . . . . . . . . . . 9 Economic Development . . . . . . . 10 Award Of Public Projects . . . . . . 11 TITLE 3 Public Safety Fire Code .... , , . . . . . . . . . . . . . 1 Public Heal1h Code . . . . . . . . . . . . 2 General .................. 2A Phosphates . . . . . . . . . . . . . . . 2B secondhand Smoke Control . . . 2C Traffic Regulations . . . . . . . . . . . . 3 Vehicular Traffic Regulations . . . 3A Bicycle Regulations . . . . . . . . . 3B Wheeled Toy Regulations ... , . 3C Streets And Sidewalks . . . . . . . . . 4 Obstructions ........ , . . . . . . 4A Street Benches . . . . . . . . . 46 Umbrellas . , , . . . . . . . . . . . . . 4C Tree Preservation And Protection . . . . . . . . . . . . . . . . 40 Encroachments . . . . . . . . . . . . 4E Parks And Civic Center . . . . . . . . . 5 General .................. 5A Park Properly . . . . . . . . . . . . . . 56 Traffic Regulations ... , . . . . . . 5C Park Activities . . . . . . . . 50 Operations Policy . . . . . . . . . . . 5E Animal Control . . . . . • . . . . . . . . . 6 Firearms . . . . . . . . . . . . . . . . . . 7 TITLE 4 Law Enforcement Unlawful Conduct . . . . . . . . . . . . . 1 General Conduct . . . . . . . . . . . 1 A Minors ..•................ 1 B Public Gatherings . . . . . . . . . . . 1 C Sexual Conduct , . . . . . . 1 D Gambling . . . . . . . . . . . . 1 E Bingo Games . . . . . . . . . . . . . . 1 F Burglar Alarm System . . . . . . . . 1 G Business Regulations Regarding Sexual Activities . . . . . . . . . . . 1 H Acupressure ................ 11 Temple City TITLE 4 (cont.) Nuisances .......... , . . . . . . . 2 Vehicles . . • . . . . . . . . . . . . . . 2A Political Signs And Handbills ........ , . . . . . . . . 28 Public Nuisances . . . . . . . . . . . 2C Yard Sales ................ 2D Newsracks . . . . . . . . . . . . . . . . 2E Regulation Of Dogs . . . . . . . . . 2F Gralllti . . . . . . . . . . . . . . . . . . . 2G Aerosol Spray Paint And Marking Pen Regulations . . . . . 2H Vacant And Abandoned Property . . . . . . . . . . . . . . . . . . 21 Parades . . . . . . . . . . . . . . . . . . . . 3 Alcoholic Beverages ..... , . . . . . 4 Distribution Of Advertising Material ... , . . . • . . . . . . . . . . . . 5 Charitable-Religious Solicita· tions . . . . . . . . . . . . . . . . . . . . . . 6 Charitable Solicitations . . . . . . . 6A Religious Solicitations ... , . . . . 6B Loitering .................. , . 7 Miscellaneous . . . . . . . . . . . . . . . 8 Display Of Books, Magazines And Other Publications . . . . . . . . 9 Camping And Storage Of Personal Property . . . . . . . . . . . 10 Shopping And Laundry Carts . . . . 11 TITLE 5 Business Licenses And Regulations Business Licenses ....... , . . . . i License Requirements ... , . . . 1A License Procedure . . . . . . . . . . 1 B Schedule Of Rates . . . . . . . . . . 1 C Business Permits ... , . . . . . . . . . 2 Permit Required For Certain Businesses . . . . . . . . . . . . . . . 2A Commercial Filming . . . . . . . . . 2B Pumpkin And Christmas Tree Sales . . . . . . . . . . . . . . . . . . . 2C Tobacco Retailer Permit . . . . . . 2D Business Taxes . . . . . . . . . . . . . . 3 Salas Tax . . . . . . . . . . . . . . . . . 3A Use Tax . . . . . . . . . . . . . . . . . . 38 Documentary Stamp Tax On Sale Of Real Property . . . . . . . 3C Transient Occupancy Tax . . . . . 3D Mobile Source Air Pollution Reduction . . . . . . . . . . . . . . . . 3E TITLE 6 Public Highways, Sewer And Utilities Public Highways . . . . . . . . . . . . . . 1 Adoption Of Code . . . . . . . . . . . 1 A Obstruction Abatement . . . . . . . i B Sewers And Waste . . . . . . . . . . . . 2 Adoption Of Code . . . . . . . . . . . 2A Sewer Charges . . . . . . . . . . . . . 28 Garbage And Rubbish Disposal . . . . . . . . . . . . . . . . . 2C Integrated Waste Management Program . . . . . . . . . . . . . . . . . 20 Public Utilities . . . . . . . . . . . . . . . 3 General . . . . . . . . . . . . . . . . . . 3A Undergrounding Of Utilities . . . . 3B Community Antenna Television Systems ..... , . . . . . . . . . . . 3C TITLE 7 Building Regulations Building Code . . . . . . . . . . . . . . . . 1 Mechanical Code . . . . . . . . . . . . . 2 Electrical Code . . . . . . . . . . . . . . . 3 Plumbing Code . . . . . . . . . . . . . . . 4 Residential Code ............ , 5 Green Building Standards Code . . 6 Swimming Pool And Spa Code . . . 7 Temple City TITLE 8 Stormwater Pollutant Elimination General Provisions ........... . Illicit Connections And Discharges . . . . . . . . . . . . . . . . . 2 Pollutant Source Reduction . . . . . . 3 Inspection And Enforcement 4 TITLE 9 Zoning Regulations Zoning Code . . . . . . . . . . . . . . . . 1 Introduction . . . . . . . . . . . . . . . 1 A Planning Commission . . . . . . . . 1 B Fast Track Modification Committee . . . . . . . . . . . . . . . 1 C Zoning Map . . . . . . . . . . . . . . . 1D Site Plan Review; Congestion Management Program; And Ll D Standards . . . . . . . . . . . . . 1 E Zone Variances And Conditional Use Permits . . . . . . . . . . . . . . 1 F Amendments . . . . . . . . . . . . . . 1 G Regulations Applicable To Nonconforming Uses, Buildings And Structures . . . . . . . . . . . . 1 H Regulation Of Excessive Noise . . 11 Off Street Parking Requirements . 1J Encroachments In Yard Areas And Height Exceptions . . . . . . . 1 K Signs . . . . . . . . . . . . . . . . . . . . 1 L Residential Districts . . . . . . . . . 1M Commercial Districts . . . . . . . . . 1 N Manufacturing Districts . . . . . . . 10 Open Space Zone 0-S . . . 1 P Senior Citizen Housing, SCH . . 1 Q Residential Planned Development Districts, RPD ...... , , ..... 1R Mixed-Use Zone (MUZ) ...... 1R.1 Dedication Of Mapped Streets . . 1 S Special Uses . . . . . . . . . . . . . . 1T Enforcement, Violations And Penalties . . . . . . . . . . . . . . . . . 1 U Density Bonus . . . . . . . . . . . . . 1 V Reasonable Accommodations .. 1 W Subdivision Regulations . . . . 2 Condominium Conversions . . . . . . 3 Condominium Construction . . . . . . 4 New Construction Park Fees . . . . . 5 Vesting Tentative Maps . , . . . . . . . 6 General Provisions . . . . . . . . . . 6A Procedures . . . . . . . . . . . . . . . 66 Development Rights . . . . . . . . . 6C Commercial/Office Condominiums Or Industrial Manufacturing Condominiums ....... _ 7 INDEX Temple City