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4/8/2002MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 8, 2002 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay, and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - (1) Adjourned Regular Meeting of March 11, 2002 and (2) Regular Meeting of March 25, 2002. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from County of Los Angeles Department of Public Works regarding notice of proposed sewer service charge increase for the Consolidated Sewer Maintenance District of Los Angeles County. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously. SPECIAL PRESENTATION PRESENTATION FROM TRILLIUM TELECOM SERVICES, L.L.C., REGARDING SPRINT PCS UPGRADE TO EXISTING WIRELESS TELECOMMUNICATIONS NETWORK IN THE CITY OF ROLLING HILLS. Mr. Adan Madrid and Mr. Scott Longhurst, representing Trillium Telecom Services, provided an overview of the upgrade to the existing Sprint wireless telecommunications network in the City. Mr. Madrid explained the current network operating in the City and the comments from the Community Association Board of Directors regarding the proposed upgrade. He reported that the RHCA Board indicated that they would like to have the ground mounted cabinets placed underground. Discussion ensued regarding the antennae and other pole mounted equipment that is proposed to be placed on the existing Edison poles. Mr. Madrid indicated that this equipment would be painted brown to mitigate their aesthetic impact. Discussion ensued regarding the coverage of the cellular service with the upgraded system. Mr. Madrid pointed out on an exhibit the areas of coverage. He pointed out the areas where there will be gaps in the coverage and indicated that these gaps are due to topography. He also pointed out another gap area where Sprint feels that they could expand the coverage should the RHCA and City Council desire. In response to Councilmember Heinsheimer, Mr. Madrid explained that one cabinet per location is proposed. He explained the size of the ground mounted cabinets and indicated that they contain the battery backup for the system in case there is an emergency power outage. He stated that the company is currently looking into ways that this equipment could be placed underground and that they may forego the backup battery system as a last resort. He indicated that if the cabinets are placed underground, that only the meter and a vent would remain above ground. Mr. Madrid reported that they are working with Edison regarding the possibility of placing the meter equipment on the Edison poles. Minutes City Council Meeting 04/08/02 -1- In response to Mayor Pro Tem Lay, Mr. Madrid explained that the antennae are 30 inches long, 8 inches wide and approximately 2 inches thick. Also in response to Mayor Pro Tem Lay, he explained that they have run into difficulty in determining the number of local Sprint customers as requested by the RHCA Board of Directors. He explained the various factors such as a work related rather than home based billing addresses that make this research difficult and reported that they are researching a way to provide this information. In response to Councilmember Pernell, Mr. Madrid explained that if certain Edison utilities in the City were to be placed underground, that Sprint would have to research alternate locations for their equipment. In response to Councilmember Heinshimer, Mr. Madrid stated that there is no conflict between their planed locations for equipment and the proposed undergrounding of utilities on Crest Road adjacent to the fire station. In response to Mayor Pro Tem Lay, Mr. Madrid explained that Sprint is the only wireless communication provider that has approached the City to establish facilities within the City. He explained that each wireless communication provider operates at a different frequency and utilizes different technologies to operate their systems. Mr. Madrid commented on similar technologies that are being utilized by Verizon and AT&T. In response to Councilmember Pernell, Mr. Madrid explained how the topography of the City makes wireless communication within the City more difficult and he further described how the system networks both in and outside the City. Discussion ensued regarding the existing network and the improvements in coverage that will be accomplished with the proposed new system. In response to Mayor Murdock, Mr. Madrid explained that if the city desires, that Sprint would be willing to add an additional site to accommodate an area where there is a gap in service. In response to Mayor Pro Tem Lay, City Manager Nealis reported that the City Attorney has indicated that since Sprint is a telecommunications provider, the City Council has limited authority in regulating their ability to operate in the City. He stated that the City Council may ask the company to provide appropriate aesthetics and proper neighborhood accommodations relating to their operation within the City. Discussion ensued regarding the proposed ground mounted battery backup facilities. Mr. Madrid explained that the battery system would work for approximately 4 hours in an emergency power outage. Councilmember Hill stated that he does not object to a backup system, however, in his opinion, four hours is not a reasonable amount of time for the backup system to operate during an emergency. He stated that he feels that it should be a continuous workable system. Councilmember Hill expressed concern regarding the electrical pedestal. Mr. Madrid explained that pole mounted electrical meters could be utilized. He stated that if the City desires, Edison may offer permission for the pole mounted electrical meters. He also stated that the existing network equipment would be removed. Further discussion ensued regarding the undergrounding of the battery backup systems. Councilmembers also discussed the proposal offered to mount the meters on Edison poles. In response to Councilmember Pernell, Mr. Madrid explained Sprint's repair history. Mr. Longhurst stated that in the future, photo simulations will be prepared so that the City Council and Community Association can view what the actual equipment will look like in the field. In response to Councilmember Pernell, Mr. Madrid stated that Sprint is planning on implementing the system in the City before July 1, 2002 if proper approvals can be obtained. Mr. Longhurst explained how the network would be activated within the City. Following the presentation and discussion, it was the consensus of the City Council to support the upgrade. However, the City Council expressed that the project should include that all battery backup devices be placed underground whenever possible, meters be placed on the existing Southern California Edison utility poles, pole mounted devices be painted brown and that additional battery backup should be considered. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION REGARDING A REPORT FROM THE TRAFFIC ENGINEER REGARDING DOUBLE YELLOW STRIPING ON CREST ROAD BETWEEN JOHN'S CANYON ROAD AND BUGGY WHIP DRIVE. Minutes City Council Meeting 04/08/02 -2- City Manager Nealis presented the staff report outlining the Traffic Commission's recommendation and the report from the Traffic Engineer. Councilmembers discussed whether the double yellow striping would deter people from passing in the proposed location. In response to Councilmember Heinsheimer, City Manager Nealis explained that this subject was presented to the Traffic Commission by Mrs. Christa Hawkins. He further explained that this recommendation was based upon the Traffic Engineers field observations and the generally accepted standard that no passing zones may be considered on two-way, two-lane roadways with a 30 mile per hour speed limit when head-on visibility is less than 500 feet. He indicated that the passing distance on Crest Road between Johns Canyon Road and Buggy Whip Drive is closer to 400 feet. Hearing no further discussion, Mayor Murdock called for a motion. Mayor Pro Tem Lay moved that the City Council approve the recommendation from the Traffic Commission that double yellow striping on Crest Road between Johns Canyon Road and Buggy Whip Drive be included in the FY 2002-03 Street Striping and Pavement Marking Project. Councilmember Pernell seconded the motion, which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION REGARDING A FLYER ADVISING SAFE DRIVING PRACTICES NEAR EQUESTRIANS FOR DISTRIBUTION TO NON-RESIDENT DRIVERS ENTERING THE CITY. City Manager Nealis presented the staff report outlining the Traffic Commission's recommendation regarding this subject. Mr. Nealis explained the provision in the Municipal Code relating to passing animals. Councilmember Hill stated that the Commission did not indicate a specific time to disseminate the flyers. He said that the Commission thought that a limited pilot program may prove successful in advising visitors to the City of this Municipal Code Section. Discussion ensued on how the success or failure of the program could be determined. Councilmembers discussed the proposal and expressed concern regarding the litter that may be caused by the flyers. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Heinsheimer moved that the City Council receive and file the report. Mayor Pro Tem Lay seconded the motion, which carried unanimously. Councilmembers directed staff to monitor this situation and present this subject to the Commission should it be deemed necessary in the future. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A FINAL MAP FOR A PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, IN ZONING CASE NOS. 450 AND 647, DR. AND MRS. RAMON CUKINGNAN,16 PINE TREE LANE (LOT 81-RH). CONSIDERATION OF RESOLUTION NO. 913: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF FINAL PARCEL MAP NO. 21486, SUBDIVISION NO. 84, A SUBDIVISION OF AN EXISTING 6.07 ACRE LOT INTO TWO RESIDENTIAL LOTS IN ZONING CASE NOS. 450 AND 647. City Manager Nealis presented the staff report providing background regarding the subdivision and the letter from the Los Angeles County Department of Public Works stating that all of the conditions of the tentative map have been satisfied and that the County recommends that the City Council approve Parcel Map No. 21486. City Manager Nealis stated that correspondence had been placed before the City Council from Mr. Martin Steere, representing Mr. and Mrs. William Hassoldt, 10 Pine Tree Lane. He stated that the City received this letter this afternoon, after the agenda materials had been delivered to the City Council. He explained to the City Council that the standard for approval of a final map is that the Council must find that all of the conditions of the tentative map have been satisfied. He further explained that the conditions can be satisfied by either being fully performed by the time the map is approved or an agreement has been entered into that has been sufficiently bonded to guarantee the performance of any remaining conditions that have not been satisfied. He stated the both the City Engineer and staff have determined that the conditions Minutes City Council Meeting 04/08/02 -3- have been satisfied or have been sufficiently bonded for and therefore, under relevant case law, the City Council has a ministerial duty to approve the final map. City Attorney Jenkins reported that he had read the letter from Mr. Steere that was received this evening and indicated that he feels that the correspondence raises no new issues, but restates the issues that were discussed at the last City Council meeting when the modifications to the Cukingnan's tentative map were considered. He suggested that the City Council allow those in attendance a brief opportunity to comment as long as those comments do not reiterate issues that have already been decided by the City Council. Mayor Murdock called upon members of the audience that wish to speak on this subject. Mr. Martin Steere, on behalf of Mr. and Mrs. William Hassoldt, 10 Pine Tree lane, drew the Councilmembers attention to the comments in his letter dated April 8, 2002, and expressed concern that he feels that the development of the extension and cul-de-sac constructed by the Cukingnans was not reviewed by the Planning Commission or the City Council. He commented on the sense of urgency associated with the Cukingnans' various requests with respect to this project because the tentative map was due to expire on March 28, 2002. He expressed concern regarding the construction of the extension and cul-de-sac and urged the City Council to take the time to visit the site and view the extension and cul-de-sac in the field. He stated that the City Council conducted multiple site visits when modifications were being considered by Mr. and Mrs. Hassoldt. Mr. Steere commented on the Planning Commission review of the modifications to the Cukingnan subdivision and stated that the Planning Commission was informed that the extension and cul-de-sac was constructed in accordance with the plans. He stated that he feels that that statement was based on the representations made by Bolton Engineering and stated that he feels that those representations were false. He further commented on the sense of urgency associated with this case at the Planning Commission level. He stated that he feels that it is important for the City Council to understand exactly what they are being asked to approve. Mr. Stanley Lamport, representing Dr. and Mrs. Cukingnan, stated that he feels that the City Council is not being asked to approve the road this evening but rather determine whether or not the conditions of approval for the tentative map have been substantially complied with by the subdivider. He stated that the Fire Department and other County Departments reviewed and signed -off on the road. He explained the roadway width modification that was approved by staff in 1999 so that it would match the modifications that were made to existing Pine Tree Lane by Mr. and Mrs. Hassoldt. He commented on the letter from Mr. and Mrs. Hassoldt indicating that they do not object to the location of the extension and cul-de-sac constructed by the Cukingnans and stated that any issues relative to the extension and cul-de-sac should have been raised in 1999. He stated the Cukingnan subdivision has complied with all of the conditions of the tentative map and is ready for City Council approval. Mrs. Judith Hassoldt, 10 Pine Tree Lane, commented on the approval of their subdivision. She also commented on the condition that an agreement between the original subdividers along Pine Tree Lane, for terms for payment of construction costs, be provided. She further commented on the review by the City Council of their subdivision and stated that she feels that they were told at that time that they could not final their map until this agreement was provided. Mrs. Hassoldt commented on the letter that was signed in 1999 stating that they do not object to the location of the extension and cul-de-sac constructed by the Cukingnans and a meeting attended by her husband that was conducted at City Hall regarding this issue while she was in the hospital recovering from a hip replacement. She stated that, at that time, the Cukingnans not only wanted the 10 foot easement to construct the extension and cul-de-sac but that they also wanted another 10 more feet of the their private property. She stated that she feels that at the time of that meeting to discuss the Cukingnans request for a modification to the road requirements of their subdivison, that they were pressured into signing an agreement that they did not object to the location of the extension and cul-de-sac to be constructed by the Cukingnans. She indicated that they are not road engineers and by signing that agreement they approved of the road being moved and that they approved of a new location for the cul-de-sac. Mrs. Hassoldt further commented on the finalization of their subdivision and the improvements that they made to existing Pine Tree Lane. She indicated that all of their requirements were completed to the specifications required. She also stated that she feels that the extension and cul-de-sac are not constructed in accordance with the tentative map or where they agreed in the 1999 letter that it should be. Mrs. Hassoldt indicated that they brought to the attention of the City that the width of the extension and cul-de-sac was not per the plan and expressed concern that the inadequacies of the roadway will not be completed as required per the plan. She stated that this roadway constitutes patchwork and that they do not want that kind of road at the edge of their property. Mrs. Hassoldt stated that she feels that the City Council should require that the Cukingnans construct the extension and cul-de-sac correctly before their subdivision is approved. Minutes City Council Meeting 04/08/02 -4- In response to Councilmember Pernell, Mrs.. Hassoldt stated that it is her concern that the roadway will not be corrected safely in accordance to the plan. She also stated that she is concerned about the aesthetics of the roadway and she provided a picture of the extension and cul-de-sac as constructed. In response to Councilmember Pernell, City Manager Nealis explained that the letter signed by the Hassoldts that has been referred to was not viewed by staff as the Hassoldts approving the minor modification of the Cukingnan roadway, it was rather to simply determine that the Hassoldts did not object to the modifications of that roadway, since they were a concerned neighbor. He explained that the roadway modification requested by the Cukingnans was essentially to match the type of modification that the Hassoldts received approval for. He indicated that it was of such a limited scope compared to the overall roadway design, that through consultation with the City Attorney's office, it was determined that it represented a minor modification. He stated that, as it is with any project, he invited the concerned residents to comment on the modifications to determine that they would not object to that type of modification. City Manager Nealis indicated that the time frame in the bonding agreement for the roadway work is 6 months. City Attorney Jenkins stated that the condition of the agreement that the Cukingnans have entered into is that the road must be constructed to plan and to the satisfaction of the City and the County Fire Department. He stated that City and Fire Department will not approve the road until and unless it is constructed to our and their satisfaction and if it is not, no building permits will be issued for any new residence on the lot being created by the subdivision. City Attorney Jenkins stated that the City Council has afforded all of the parties a very generous amount of time to provide both written and oral comments on the issue of this road and the issue of the modifications at the last City Council meeting. He stated that the Council could not be regarded as having rushed through this decision. He indicated that there is no requirement in the law that upon approval of modifications or the final map that the City Council or the Planning Commission pay a site visit to the property. City Attorney Jenkins further explained that throughout the history of this matter that the Hassoldts made it very clear that this roadway could not be on the existing Association roadway easement that is on their property because of their concern that construction of the extension and cul-de-sac would damage their trees. He expressed concern that the Hassoldts are now complaining about this roadway and its location and stated that the roadway was constructed in accordance with the plans and has been approved by the Fire Department subject to it being widened in a number of locations where it was deficient in width. He stated that this deficiency will be and must be cured before the improvement will be satisfied and before any building permit will'be issued. In response to Mayor Pro Tem Lay, regarding the road's dimensional requirements and whether it will be a useable roadway, City Manager Nealis stated that the width of the roadway is called for on the tentative map and that as a private roadway, the County will not check the layers of construction materials. He explained that the specifications for construction of all aspects of the roadway are outlined in the conditions in the resolution of approval for the tentative parcel map. Mr. Stanley Lamport stated that an impression has been given that somehow there was a misrepresentation about the satisfaction of the roadway condition. He explained that in 1999 there was a plan for the extension of Pine Tree lane that was approved by the Land Development Unit of the Fire Department. He stated that the person in that unit is no longer there. He indicated that the road was constructed to the dimensions that are shown on that plan. He stated that when the current Fire Department personnel came to review the road at the request of someone other than the Cukingnans, they were given information, which proved to be incorrect and incomplete. He stated that this resulted in a brief time when the Fire Department indicated that the road did not meet their requirement. He commented on a meeting that was held with the Fire Department to review this situation. He stated that at that time there was a difference of opinion as to whether the previous person that reviewed the roadway intended the road to be a drivable 18 feet or a total of 18 feet. He said that in order to resolve that difference the Cukingnans agreed to make it a drivable 18 feet to satisfy the Fire Department's concern in that regard. He stated that the Fire Department, the Cukingnans, City Manager and City Attorney reviewed the road in the field. He commented on the two items that they agreed to correct and everything else was found to be satisfactory. He stated that he had a follow-up conversation with the Fire Department to verify that they completed what was being asked of them. Mr. Lamport stated that he feels that there was a difference of understanding of what was depicted on the plan. He stated that no one intended to do something less than what was set forth in the conditions and indicated that the Cukingnans want the road to be in as good a condition and as safe as everyone else and it will be brought into compliance via the agreement and bond. Minutes City Council Meeting 04/08/02 -5- Mr. William Hassoldt, 10 Pine Tree Lane, stated that they never objected to the road in its current location just that the road be built to the standard of an 18 foot drivable engineering standards from curb to curb. He stated that he feels that it should have been built correctly to start with. He indicated that he wants to be sure that the additional width of the road is keyed in and properly and correctly. He stated that there should be someone to inspect it that will verify the standards of roadway construction to determine whether it is safe. He stated that the radius of the cul-de-sac is 2 feet short of the required 32 -foot radius. He said that a safe and soundly constructed road is all that they are asking for. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 913. Councilmember Pernell seconded the motion, which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Hill reported on a Microturbine Grant Program being offered by the South Coast Air Quality Management District to provide free natural gas Capstone Microturbine generators and a portion of the installation costs at locations where diesel generators are currently being used. It was determined that the City Manager had authority to apply for these funds and that the City Council would consider whether to accept the funds if awarded in the future. Mayor Pro Tem Lay reported that he will be out of town and unable to attend the next City Council meeting. Councilmember Pernell also requested to be excused from the next meeting. Mayor Pro Tem Lay reported on a meeting that the he attended on Friday April 5, 2002 with other representatives from the Peninsula cities with Senator Betty Karnette and Assembly Member Alan Lowenthal. He reported that the purpose of the meeting was to communicate the importance of preserving local revenues from the State and learn about this year's State budget process. Councilmember Hill reported on a possible disallowance of credit for green waste as alternative daily cover at landfills toward AB939 compliance. City Manager Nealis indicated that he will look into this matter. Mayor Pro Tem Lay announced that the Annual Caballeros Pancake Breakfast will be held on Sunday, April 14, 2002. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 9:00 p.m. to the next regular meeting of the City Council to be held on Monday, April 22, 2002, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, My X' JodyIur ck Mayor Minutes City Council Meeting 04/08/02 Respectfully submitted, Marilyn L. Cern Deputy City Clerk W 1 1 1