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HomeMy Public PortalAboutCity Council_Minutes_2004-05-04_Regular 20041 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES MAY 4, 2004 INITIATION 1. CALL TO ORDER Mayor Zovak called the City Council Regular Meeting to order at 7:30 p.m. in the Council Chambers located at 5938 Kauffman Avenue, Temple City. 2. ROLL CALL PRESENT: ABSENT: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak Councilmember -None ALSO PRESENT: City Manager Cole, City Attorney Martin, Assistant City Manager /Parks and Recreation Director Burroughs, Community Development Director Dawson, City Clerk Flandrick, Senior Management Assistant Flod, Public Services Director Stroud 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Arrighi led those present in the Pledge of Allegiance to the Flag. 4. CEREMONIAL MATTERS A. PROCLAMATION — OLDER AMERICAN MONTH Mayor Zovak presented Frank La Marr, Temple City's Outstanding Older American for 2003, with a proclamation on behalf of all older Temple City residents recognizing their many accomplishments and contributions to the community. B. PROCLAMATION — POPPY WEEK Peggy McIntosh, representing the American Legion Auxiliary, accepted a proclamation from the City Council proclaiming May 9t to May 15th, 2004, as Poppy Week, asking that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the memorial poppy. 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Carl Blum, on behalf of his wife Jeannette and himself, thanked Council for their support for allowing use of Temple City Park for the National Day of Prayer to be held this Thursday, May 6th from 6:30 to 7:30 p.m., and invited everyone to attend. Jaime Truong, on behalf of the Los Angeles City Employee Asian American Association, invited the City Council to attend a reception to be held May 26th' 6:00 p.m., at the Peterson Auto Museum, to celebrate the Asian Pacific heritage. 6. CONSENT CALENDAR As there was a request from a member of the public to speak relative to Item D on the Consent Calendar, Mayor Pro Tem Arrighi moved to approve the remainder of the Consent Calendar, seconded by Councilmember Vizcarra and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Council Minutes May 4, 2004 Page 2 A. APPROVAL OF MINUTES Approved Minutes of the Regular Meeting of April 20, 2004. B. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF APRIL 21, 2004. Received and filed the Planning Commission actions of their meeting of April 21, 2004. C. APPROVAL OF PROGRESS PAYMENT NO. 3 TO THE STEINBERG GROUP FOR WORK PERFORMED ON THE COMMUNITY RECREATION FACILITY FEASIBILITY STUDY Approved progress payment No. 3, in the amount of $4,200.00, to the Steinberg Group for professional services performed on the Community Recreation Facility feasibility study (CIP No. PO4 -10). E. RENEWAL OF LICENSE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR USE OF THE EMERGENCY OPERATIONS CENTER Approved the renewal of the license agreement with the County of Los Angeles for the City's use of the Emergency Operations Center (EOC) in the basement of the Los Angeles County Library at 5939 Golden West Avenue and authorized the City Manager to execute said agreement. F. APPROVAL OF PROGRESS PAYMENT NO. 15 TO RKA CIVIL ENGINEERS, INC. AND PROGRESS PAYMENT NO. 1 TO MLADEN GRBAVAC FOR THE CRAIGLEE STREET NEW SEWER SYSTEM IMPROVEMENT PROJECT (CIP P02 -08) Approved progress payment No. 15 in the amount of $959 to RKA Civil Engineers, Inc. and approved progress payment No. 1 in the amount of $34,740 to Mladen Grbavac for work performed on the Craiglee Street New Sewer System Improvement Project (CIP P02 -08). G. PETTY CASH AND VISA CARD REPORTS Received and filed the Petty Cash and Visa Card Reports with the current charges. H. RELEASE OF GRADING SECURITY FOR PARCEL NO. 26119 AT 6145 TEMPLE CITY BOULEVARD Authorized release of security in the amount of $5,600.00 for grading completed on the private property at 6145 Temple City Boulevard, Parcel No. 26119. APPROVAL OF GROUNDS MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF TEMPLE CITY Approved an agreement with the County of Los Angeles to provide grounds maintenance services at the Temple City Library, 5939 Golden West Avenue and authorized the City Manager to sign said agreement. J. CONSIDERATION OF APPROVING AN AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF TEMPLE CITY FOR PERFORMANCE OF LAW ENFORCEMENT FUNCTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Approved an agreement by and between the County of Los Angeles and the City of Temple City for performance of law enforcement functions and authorized the City Manager to execute said agreement. K. ADOPTION OF RESOLUTION NO. 04 -4261 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 04 -4261, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $501,362.34 DEMAND NOS. 12671 THROUGH 12770. 1 1 1 1 City Council Minutes May 4, 2004 Page 3 D. ACCEPTANCE OF BID AND APPROVAL OF DIAL -A -RIDE TRANSPORTATION SERVICE AGREEMENT WITH DIVERSIFIED PARATRANSIT, INC. The City Council was requested to accept the bid from Diversified Paratransit, Inc., approve the related agreement for Dial -A -Ride transportation services and authorize the City Manager to sign the agreement. Scott Williams, representing Diversified Paratransit, Inc., was present to answer questions. Mayor Pro Tem Arrighi moved to accept the bid submitted by Diversified Paratransit, Inc. to provide Dial -A -Ride transportation services in Temple City, and to authorize the City Manager to sign the agreement, seconded by Councilmember Vizcarra and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 7. UNFINISHED BUSINESS — None 8. NEW BUSINESS A. PUBLIC HEARING: RESOLUTION NO. 04 -4260 — APPEAL OF PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 03 -1544 TO ALLOW OFF -SALE BEER AND WINE AT AN EXISTING MOBIL SERVICE STATION AT 5676 ROSEMEAD BOULEVARD (MOBIL OIL CORP.NIKEN MANKERIAN CUP 03 -1544) On March 9, 2004 and March 23, 2004, the Planning Commission conducted public hearings to consider granting a Conditional Use Permit to allow off -sale beer and wine at this location. The Planning Commission denied the request on a split vote. The decision of the Commission was appealed by the applicant to the City Council. City Manager Cole stated written notification was received from the applicant asking for continuance of this item due to a family emergency. City Manager Cole recommended this item be placed on the May 18, 2004 agenda. Mayor Pro Tem Arrighi moved to continue this item to the May 18, 2004 City Council Meeting, seconded by Councilmember Capra and unanimously carried. B. PUBLIC HEARING: RESOLUTION NO. 04 -4259 — REQUEST FOR REVIEW OF CONDITIONAL USE PERMIT 04 -1554 AT 5600 GRACEWOOD AVENUE (CINGULAR WIRELESS /SANTA ANITA CONVALESCENT HOSPITAL) City Manager Cole presented an item of appeal of the Planning Commission's action of approving a Conditional Use Permit (CUP) to allow the installation of a Cingular wireless antenna tower at 5600 Gracewood Avenue (Santa Anita Convalescent Hospital). At the request of City Manager Cole, Community Development Director Dawson reviewed his staff report, stating on March 23rd, the Planning Commission approved the installation of a wireless telecommunication facility which included an underground vault for equipment as well as a 75 -foot high antenna camouflaged to resemble a pine tree. The proposed umonopinen will be situated in proximity to another existing monopine antenna tower on the property. The subject property is designated as Institutional (I) on the City's General Plan. The subject location is situated in proximity to a similar Nextel cellular antenna tower. The monopine is recessed approximately 195 feet from the public street and is situated approximately City Council Minutes May 4, 2004 Page 4 165 feet from the nearest residential property to the east. At the Planning Commission meeting, the representative from Cingular indicated the medium density foliage monopine is more realistic and better looking than the existing antenna. At the Planning Commission meeting, a few neighboring residents to the east testified in opposition and suggested an alternative site of Live Oak Park. It was suggested the antenna could be placed on a light standard and the City could derive the revenue. For reference purposes, this matter was considered by a previous City Council on April 20, 1999. At that time, the City Council voted to deny a proposal by Nextel Communications to place an antenna on a new sports lighting pole. Nextel then entered into an agreement with the Convalescent Hospital and obtained a Conditional Use Permit for the existing monopole on the hospital property. From a legal prospective, the City Attorney advised that Federal regulations preempt local control of freestanding towers unless denial is based upon safety regulations, not aesthetics, or unless an alternate site is readily available. In regard to an alternative location the following was offered. 1) There is a pending application to situate the monopole on the Convalescent Hospital site. The applicant and the property owner have a vested interest in the outcome of this proposal. This proposed site is the only application before Council at this time and the requested Conditional Use Permit should be evaluated on its own merits. 2) Even if an alternative site is identified, there is no reason to suspect that there would not be strong opposition to some other location. 3) In accordance with the Brown Act, the City Council could not agree to an alternate site, as this was not an agendized item. The Conditional Use Permit may only be denied based upon the required findings, which does not include a finding that there may be an alternative site. Staff and the Planning Commission recommended approval of the CUP and were able to make the required findings, subject to twelve conditions. City Manager Cole stated for the record that the City Council received all information presented to the Planning Commission and the Minutes of the Planning Commission meetings. Mayor Zovak opened the public hearing. Steven Stackhouse, representing applicant Cingular Wireless, said he included the staff report and Planning Commission Minutes as part of his testimony. Cingular Wireless requires a CUP for a 75 -foot monopole to fulfill mandated requirements of its FCC license to fulfill a coverage objective for this immediate area, which is lacking at this time. Other sites were considered within a 1/2 to no more than 1 mile diameter. There is a rather finite area in which to locate the facility. The site acquisition consultant did look into the park site. The proposed site has an existing pole owned and operated by Nextel. Cingular proposes to install its own stand -alone facility nestled in between the drive aisles, with a required height of 75 feet to obtain the degree of needed coverage. During the Planning Commission meeting, the majority of opposition was due to the looks of the existing monopine. He agreed with the 12 conditions of approval and noted that the Planning Commission minutes of March 23, 2004, page 13, should refer to section 704. 1 1 1 1 1 City Council Minutes May 4, 2004 Page 5 Mr. Stackhouse answered questions of Council. Mayor Zovak suggested the grassy area on the proposed site further away from the residential area might be a better site. Discussion continued regarding the possibility of placing the monopole at the park site, the type of pole that might be used there and the placement of accompanying equipment and shelter. In response to Council, Mr. Stackhouse indicated his preference was to continue with the present request, but the park site could remain an alternative. In the current proposal, the 10 x 16 foot vault would be placed underground, but if at the park would be above ground. David Steinmeier, 5563 Hallowell Avenue, thanked Councilmember Vizcarra for bringing the appeal forward and stated he did not want to deny Cingular a site in the greater park area, and was surprised to learn that the park was Cingular's first choice. He understood the federal law requirements, but felt in fairness the antenna towers should be spread out, not concentrated in his neighborhood. If placed at the park, the City could get revenue to augment the budget. Mr. Stackhouse clarified that Cingular would have considered the park as a choice, but not necessarily its first choice. Hearing no further requests to speak, either for or against this item, the public hearing was closed. For discussion purposes, Council considered alternate sites for the placement of the monopole. Staff and Mr. Stackhouse responded to questions. Mr. Stackhouse stated, with Council consensus, he would ask to continue this item to have the opportunity to explore the alternate location suggested by Mayor Zovak at the Santa Anita Convalescent Hospital and perform a design analysis, to bring back to the City Council for consideration. Mr. Stackhouse agreed to bring the item back at the May 18, 2004 City Council meeting. City Attorney Martin confirmed, as the suggested site was within the same proposed location, additional public notification was not necessary. The public hearing has been closed and no more official testimony will be taken. Mayor Zovak moved to continue this item to May 18, 2004, with no new notices to be sent out, seconded by Councilmember Wong and unanimously carried. C. CHAMBER PRESENTATION John Zubrick, Chairman of the Board of the Temple City Chamber of Commerce, on behalf of the Board of Directors, thanked the City Council for its generous support of the Chamber for the past several years. He presented a letter requesting Chamber funding for fiscal year 2004 -2005. Linda Payne, Chief Executive Officer and President of the Chamber of Commerce, presented Council with a packet of information including the Chamber's proposed budget for 2004 -2005. Ms. Payne provided an overview of Chamber activities for the past year and said that with the additional funding last year, the Chamber was able to meet all if its goals: • Provided expanded services for businesses through a SCORE counselor on the premises. City Council Minutes May 4, 2004 Page 6 Developed a closer working relationship by embracing and integrating the ethnic diversity of the community by visiting businesses with Councilmember Wong. • Appointed the Chief Executive Officer as a permanent legislative representative to the Legislative Coalition to stay abreast of legislation that pertains to businesses and implement a "call to action" when needed. • Developed the Miss Temple City Pageant into an outstanding internship program to prepare students to enter into the business world, i.e. telephone etiquette, business attire, meet/greet and provide individualized mentoring for young adults that would like to open their own business. • Hired one additional staff member that enables the Chamber to be open Monday through Friday, allowing it to become a full service entity. A Personnel Committee has been established within the Board that designed and created a comprehensive Employee Handbook. Linda Jo Pyle, Director of Finance, responded to questions concerning the budget, stating this year's budget is conservative. Although there is an increased possibility of income through increased membership and the newspaper, it was not reflected in the budget. During the past year, the Chamber website has been expanded, membership has increased to 271, and the Chamber newspaper, Temple City Life, has been re- established. Objectives for the 2004 -2005 year include: increasing and maintaining Chamber membership; establishing a networking luncheon; increasing participation in the Chamber Ambassador Program; and updating computer technology. Ms. Panne asked, as in the previous fiscal year, the amount of $60,000 for fiscal year 2004 -2005. 9. COMMUNICATIONS — None 10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 9:05 p.m. the City Council recessed to the Community Redevelopment Agency meeting. Minutes of the Agency Meeting are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council meeting reconvened at 9:07 p.m. with all Councilmembers present. 11. ACTION ON REQUEST BY CRA — None 12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA — None 13. UPDATE FROM CITY MANAGER — None 14. MATTERS FROM CITY OFFICIALS — None 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Councilmember Capra reported that he, along with Councilmember Wong, City Manager Cole and Assistant City Manager Burroughs attended an Ad Hoc School District Meeting at which the City's proposed Joint Use Agreement was submitted. The Agreement will be presented to the District Board for approval. 1 1 1 1 1 City Council Minutes May 4, 2004 Page 7 Councilmember Capra attended a meeting of Contract Cities at which a new Board was elected and will be installed at the end of this month. Mayor Zovak and Mayor Pro Tem Arrighi recently attended a Council of Governments meeting. Mayor Pro Tem Arrighi attended a San Gabriel Valley Mosquito and Vector Control District meeting at which a report was given on mosquito abatement. At the request of Mayor Pro Tem Arrighi, the District's education specialist will give a presentation to the City Council regarding the West Nile Virus at a future meeting. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CAPRA Councilmember Capra apologized for not .being able to attend the Miss Temple City Pageant. B. COUNCILMEMBER VIZCARRA — None C. COUNCILMEMBER WONG Councilmember Wong said she attended the Miss Temple City Pageant and thought it was very well run and was looking forward to Applebees' Grand Opening this Saturday. D. MAYOR PRO TEM ARRIGHI Mayor Pro Tem Arrighi thanked the Chamber for an excellent Miss Temple City Pageant at which he performed the duties of escort and had a great time. Mayor Pro Tem Arrighi stated he would be attending the David March rally in Santa Clarita and asked for staff to procure something appropriate to present from the City to Officer March's family. E. MAYOR ZOVAK Mayor Zovak echoed the sentiments expressed regarding the Pageant and said he was very impressed with the talent of the participants. 17. LITIGATION UPDATE The City Council reviewed the most recent litigation update provided by the City Attorney. 18. CLOSED SESSION — None 19. ADJOURNMENT The Council meeting was adjourned at 9:15 p.m. in honor and in memory of Paul Speirs. R- . d}(c,A) City Clerk 0 (64 MAYOR