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11/25/2002MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 25, 2002 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay 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, Pernell, Murdock, Mayor Pro Tem Hill and Mayor Lay. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Gregg Ahn, LASD, Lomita Station. 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 - Meeting of October 28, 2002. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of October, 2002. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for October, 2002. RECOMMENDATION: Receive and file. e. Consideration of reimbursement for Caballeros. RECOMMENDATION: Approve as presented. f. Consideration of attendance at the California Contract Cities Association Annual Sacramento Legislative Orientation Tour, January 12-15, 2003. RECOMMENDATION: Approve as presented. Mayor Pro Tem Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Murdock seconded the motion, which carried unanimously. SPECIAL PRESENTATION SPECIAL PRESENTATION BY REPRESENTATIVES OF THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA. Ms. Adeline Yoong, Water Replenishment District Representative, provided information regarding the District's methods of water replenishment, history and a brief overview of the projects and programs of the District. PRESENTATION FROM TRILLIUM TELECOM SERVICES, L.L.C., REPRESENTING SPRINT PCS, REGARDING UPGRADING AND CHANGING OUT OF THE WIRELESS TELECOMMUNICATIONS DEVICES IN THE CITY. Mayor Lay stated that he will abstain from consideration of this item because his property is one that is proposed to have one of the devices and that he has had discussions with Trillium. Mayor Lay turned the gavel over to Mayor Pro Tem Hill. Minutes City Council Meeting 11/25/02 -1- City Manager Nealis presented the staff report providing background regarding Sprint's upgrade of 20 of their existing 26 Sprint sites located in easements in the City for wireless telecommunication services. He reported that Sprint has been working with the property owners and making presentations before the Rolling Hills Community Association regarding this upgrade. He stated that on Thursday, November 21, 2002, the Rolling Hills Community Association approved an agreement with Sprint for 15 of the 20 sites. He indicated that representatives of Sprint are in attendance to provide an update on the 15 sites that were agreed to by the Rolling Hills Community Association. City Attorney Mike Jenkins stated that under the Political Reform Act, if the subject matter of the discussion before the City Council is within 500 feet of a Councilmember's property, then there is a presumption of a conflict unless the Councilmember makes a finding that there is no likelihood that the development in question will have a financial impact on their property. He indicated that one of these devices is within 500 feet of Councilmember Murdock's and one is within 500 feet of Councilmember Heinsheimer's property. He stated that Councilmember Murdock and Councilmember Heinsheimer must make a determination that the Sprint facility would have no affect on the value of their property in order to participate in this matter. He indicated that if Councilmember Murdock and Councilmember Heinsheimer could not make a determination that the Sprint facilities in proximity to their property would have an impact on their property value, that there may be a way to separate out of the discussion those facilities so that they could participate in this matter. Councilmember Heinsheimer expressed concern about the proposed new pole at a location on Crest Road. In response to Councilmember Heinsheimer, City Attorney Jenkins stated that if neighbors decide to underground utility poles that the all utilities using the poles are required to find an alternative way to provide their services. In response to Councilmember Murdock, City Attorney Jenkins indicated that those Councilmembers who have not made the determination as to whether the Sprint facilities in proximity to their property would have an impact on their property value, may listen to the presentation by Sprint and suggested that they not participate in any discussion. In response to Councilmember Heinsheimer, City Attorney Jenkins indicated that ordinarily one could segregate out the sites that are creating the potential conflict and deal with them separately, however, the Sprint system may be interdependent to some extent on each other and at this time it is not clear that a negative action on one or more location would make the entire system inoperable. He indicated that the presentation may make this issue clear. Mr. Adan Madrid, Trillium Telecom Services, provided background regarding the Sprint proposal to upgrade their existing system in the City. He indicated that the last time the City Council heard their presentation, that the Council suggested that certain portions of their facilities be placed underground. He explained the removal of the proposed electrical meter pedestals from each location due to Southern California Edison Company's revision in their tariff which will allow them to obtain a flat rate for electrical power. He also explained that the battery backup system will be placed underground. Mr. Madrid reported on the Community Association's requirement that they contact all of the residents in the City that are affected by the upgrade. He reported that the Community Association has approved 15 sites. In response to Councilmember Heinsheimer, Mr. Madrid explained the PUC's involvement in the Edison Company's change in tariff which allows for a flat rate for electrical power. He stated that the PUC allows for only 100 sites per year for the flat rate billing. Councilmember Heinsheimer commented on the proposed new pole at 29 Crest Road West. In response to Councilmember Heinsheimer, Mr. Madrid explained that Sprint would need to find alternative locations for their facilities if the utility poles are removed for an underground project. Mr. Madrid explained the introduction of a new pole at 29 Crest Road West. He stated that they explored alternative utility pole locations, however, the homeowner at that location objected to the placement of Sprint facilities at that site. Councilmembers discussed the proposed upgrade sites and the concerns regarding the sites at 19 Caballeros Road as well as the site at 29 Crest Road West. In response to Councilmember Pernell, Mr. Madrid pointed out on the plan the sites that were contested by the affected homeowners. Mr. Madrid requested that the City Council allow Sprint to move forward with the sites where there are no concerns. He indicated that having these sites up and running will assist the radio engineers in assessing what needs to be done to fill the void in the network. Councilmember Heinsheimer indicated that he understood from the previous presentation that the Sprint locations were dependent on one another in order to Minutes City Council Meeting 11/25/02 -2- provide service coverage. Mr. Madrid explained that if Sprint were only allowed to place their facilities at some of the sites that the end result would be that the network would not be as good as it should be. He said that the residents that did provide approval would benefit because of the increased service near their homes. Discussion ensued regarding the proposed Sprint system. Councilmember Pernell requested that Mr. Madrid provide an overlay to assist the Council in visualizing the proposed coverage area. Mr. Madrid explained the proposed coverage and indicated the areas of difficulty due to the topography of the City. Councilmember Heinsheimer commented on the proposed sites where Sprint was unable to obtain approval from the property owners as well as the two sites that were discussed this evening that Councilmember Heinsheimer and Councilmember Murdock must determine if they have a conflict. The site on Crest Road that proposed a new utility pole was also discussed. Councilmember Heinsheimer indicated that this site is in a location where there is no property owner. City Manager Nealis reported that he had expressed to Sprint that they should provide their presentation to the City Council when it was more complete, however, that Sprint indicated that they would like to obtain the City Council's approval of the sites that were approved by the Community Association at this time. He suggested that Sprint be requested to return to the City Council with a complete plan including the resolution of the sites that the City Council expressed concern about this evening. Councilmembers concurred that they would prefer that Sprint return to them when the entire proposal is complete rather than to come back for approvals a few at a time. Mayor Pro Tem Hill stated that the City Council would not like to see any additional utility poles in the plan. He also commented on the battery backup system for the Sprint facilities and indicated that he feels that the 4 -hour operating system is not enough. Mr. Madrid stated that the specs indicate that the battery backup system will run about 4 hours, however, under certain circumstances they may last at least 12 hours. Following the discussion, Trillium Telecom Services, was directed to return to the City Council when all of the proposed sites are identified and also provide an overlay plan depicting the coverage of the proposed sites within the City. Mayor Pro Tem Hill returned the gavel to Mayor Lay. PLANNING COMMISSION ITEMS ZONING CASE NO. 653 RESOLUTION NO. 2002-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91 -EF. (TONSICH). Councilmember Murdock stated that she will abstain from consideration of this Zoning Case due to the proximity of her residence to the subject property. Planning Director Yolanta Schwartz presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 653. In response to Mayor Lay, Planning Director Schwartz explained that if a property fronts on two streets that the rear yard is considered a front yard as it relates to the setbacks. In response to Mayor Lay, Planning Director Schwartz pointed out on the plan the proposed retaining wall. She also explained that the retaining wall is 3 feet high, L-shaped and that the lower side of the retaining wall will be exposed. She also explained the proposed retaining wall in the area of the guesthouse. Mr. Jerry Rodin, applicant's representative, explained that this retaining wall will not be exposed. Mayor Lay commented on the pad coverage calculations for the proposed project. Councilmember Pernell commented on the disturbed area calculations for the proposed project. Planning Director Schwartz explained that the stable area is included in the 40% maximum disturbed area. Discussion ensued regarding the proposed stable. Planning Director Schwartz explained that the proposed stable is located in the setback but not in the easement. Minutes City Council Meeting 11/25/02 -3- In response to Mayor Lay, City Attorney Jenkins stated that this is not a public hearing, however, the City Council may ask questions of the applicant's representative to determine whether or not the City Council wishes to take jurisdiction of this case. Mayor Lay expressed concern about the magnitude of the disturbed area and amount of proposed construction on the property. Councilmember Pernell suggested that the City Council take jurisdiction of this case so that they could further review the project. Following the discussion, the City Council took jurisdiction of this Zoning Case. Staff was directed to set a public hearing. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF APPROVAL AND ESTABLISHMENT OF A NON -ASSESSMENT RULE 20A UNDERGROUND UTILITY DISTRICT ON SPECIFIC PROPERTIES ON CREST ROAD. RESOLUTION NO. 924: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ORDERING THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT. (RECOMMENDED FOR CONTINUANCE) City Manager Nealis provided a brief background regarding this matter indicating that the public hearing is recommended for continuance because of a request to expand the boundaries to include the removal utility poles between 7 and 9 Crest Road West. He indicated that staff has only received two of the three revised estimates from utility service providers. When the final estimate is received, the engineer's report will be revised and a public hearing can be scheduled. Hearing no objection, Mayor Lay ordered that the public hearing be continued to the City Council meeting to be held on Monday, January 13, 2003. OLD BUSINESS None. NEW BUSINESS TENTATIVE PARCEL MAP NO. 26357 IN ZONING CASE NO. 615, SUBDIVISION NO. 89 REQUEST FOR ONE-YEAR TIME EXTENSION TO SUBDIVIDE TWO EXISTING LOTS TOTALING 67.64 ACRES INTO 4 SINGLE-FAMILY RESIDENTIAL LOTS. WESTERN BRASS DEVELOPMENT CORPORATION, LOTS 169 -A -MS & 169 -B -MS, AND GENERALLY KNOWN AS 4 STORM HILL LANE. Councilmember Heinsheimer stated that he will abstain from consideration of this Zoning Case due to the proximity of his residence to the subject property. City Manager Nealis presented the applicant's request for a time extension. Councilmember Pernell moved that the City Council adopt Resolution No. 928. Councilmember Murdock seconded the motion which carried unanimously (Heinsheimer abstained). OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. Minutes City Council Meeting 11/25/02 -4- 1 1 1 MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. ADIOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:55 p.m. to the next regular meeting of the City Council to be held on Monday, December 9, 2002, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn L. Kern Deputy City Clerk Approved, Allen Lay Mayor Minutes City Council Meeting 11/25/02 -5-