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.
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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.
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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
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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.
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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.
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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
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City Council Meeting
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Respectfully submitted,
Marilyn L. Cern
Deputy City Clerk
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