HomeMy Public PortalAboutCity Council_Minutes_2004-05-04_Regular 20041
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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.
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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.
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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.
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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.
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MAYOR