9/27/2004MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 27, 2004
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Heinsheimer at 7:31 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Hill, Lay, Mayor Pro Tem Pernell and Mayor
Heinsheimer.
Councilmembers Absent: None.
Others Present: Craig Nealis, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Nan Huang, Finance Director.
Ewa Nikodem, Clerk Typist/Receptionist.
Heather Teodoro, Public Education Specialist, L.A. County
West Vector Control District.
Flo Mead, Vice President, Trillium Telecom Services, LLC.
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 - Regular Meeting of September 13, 2004.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of August, 2004.
RECOMMENDATION: Approve as presented.
d. Request by Caballeros Del Rancho Palos Verdes, Inc. for disbursement of FY
2004-05 funds for specific projects.
RECOMMENDATION: Approve as presented/provide direction.
e. BFI Recycling Tonnage Report for August, 2004.
RECOMMENDATION: Receive and file.
f. Consideration of reappointment of the City's representative to the West Vector
Control District.
RECOMMENDATION: Approve as presented.
Councilmember Black moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously.
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY WEST VECTOR CONTROL DISTRICT REPRESENTATIVE
REGARDING THE WEST NILE VIRUS.
City Manager Craig Nealis presented the staff report and introduced Ms. Heather Teodoro,
West Vector Control District Public Education Specialist.
Ms. Teodoro provided a report regarding the West Nile Virus and how it is transmitted and
statistical information regarding varying levels of infectious responses in humans and
animals that are bitten by mosquitoes infected with the virus.
Councilmember Black questioned whether the blood supply is being tested for West Nile
Virus. Ms. Teodoro indicated that the blood supply is being tested. Discussion ensued
regarding other types of hosts for the Virus and preventative measures to avoid becoming
infected. Information was also provided regarding the effectiveness of various levels of
DEET that can be used on children to prevent mosquito bites.
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Following discussion, Mayor Heinsheimer thanked Ms. Teodoro for the information and
presentation.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2004-21. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
CONSTRUCT AN ADDITION; A VARIANCE TO ENCROACH WITH A PORTION OF
THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO PERMIT
IMPORTATION OF SOIL FOR THE CONSTRUCTION AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD, (LOT 1 -
SK) (MABRY).
Councilmember Lay excused himself from the City Council Chambers due to proximity of
this property to his residence.
City Manager Nealis provided the staff report and background regarding the Planning
Commission action relative to this Zoning Case. In response to Mayor Pro Tem Pernell,
Planning Director Schwartz provided additional information and outlined further details of
the case for the City Council.
Following discussion, a motion was made by Mayor Pro Tem Pernell, which was seconded
by Councilmember Black, to receive and file Resolution No. 2004-21. Hearing no objections,
this was so ordered by Mayor Heinsheimer.
Councilmember Lay returned to the City Council Chambers.
RESOLUTION NO. 2004-22. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN
EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE,
(LOT 35 -SF) (PATEL).
City Manager Nealis and Planning Director Schwartz provided the staff report and
background regarding the Planning Commission action relative to this Zoning Case.
Councilmember Lay discussed the proposed grading quantities and the impact of the
proposed project on the lot and expressed concern that the existing development on the
property already exceeds the maximum permitted disturbed area. City Manager Nealis and
Planning Director Schwartz provided information to the City Council relative to how this
case was modified during the Planning Commission public hearings.
Mayor Pro Tem Pernell requested information relative to the dissenting vote by Planning
Commissioner DeRoy. Planning Director Schwartz indicated that Commissioner DeRoy
objected to the mass of the structure. City Manager Nealis indicated that Commissioner
DeRoy also expressed that the proposal did not take into the account the natural topography
of the property.
Following further discussion, a motion was made by Councilmember Lay, which was
seconded by Mayor Pro Tem Pernell, to take jurisdiction of Zoning Case No. 689. Hearing
no objections, this was so ordered by Mayor Heinsheimer and staff was directed to set the
appropriate public hearing. City Manager Nealis indicated that the public hearing will be
held on October 25, 2004.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION RELATIVE TO A REQUEST FROM THE
PALOS VERDES ART CENTER TO CONDUCT AN ARTIST STUDIO TOUR AT 6
RUNNINGBRAND ROAD AND 14 CINCHRING ROAD.
City Manager Nealis provided background regarding the Traffic Commission
recommendation to approve the PV Art Center Artist Studio tour at 6 Runningbrand Road
and 14 Cinchring Road on Saturday, October 23, 2004.
Following a brief discussion,
seconded by Councilmember
Commission as presented.
Heinsheimer.
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City Council Meeting
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a motion was made by Councilmember Lay, which was
Black, to approve the recommendation of the Traffic
Hearing no objections, this was so ordered by Mayor
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PUBLIC HEARINGS - CONTINUED
CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING
COMMISSION CONCERNING A PROPOSED ORDINANCE NO. 295: AN
ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE
AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16,
SUBDIVISION, AND TITLE 17, ZONING, AND AMENDING TITLE 16, SUBDIVISION,
AND TITLE 17, ZONING, OF THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis provided background to the City Council indicating that staff, as
directed by the City Council on September 13, 2004, had prepared pro and con information
relative to the subjects that had been requested for further review by the City Council.
The City Council discussed how to proceed with their review of the proposed revisions to
the Codes. Mayor Heinsheimer suggested that the City Council consider continuing the
public hearing to October 25, 2004 following the Joint Meeting with the Planning
Commission scheduled for October 11, 2004.
Mayor Pro Tem Pernell proposed that the pro and con comments be included on the October
11 Joint Meeting agenda. Following discussion, Mayor Heinsheimer suggested that staff
provide the pro and con comments in the staff report to the Planning Commission, but that
the entire subject of the Code revisions not be included on the 10/11 Joint Meeting agenda.
City Manager Nealis explained the public hearing options regarding including or not
including these topics on the October 11 Joint Meeting agenda.
Councilmember Lay commented that the Planning Commission had completed their review
of the Subdivision and Zoning Codes at their public hearings and did not feel that it was
necessary to have a detailed discussion with the Planning Commission at this point.
Following discussion, members of the City Council continued this public hearing to the
October 25, 2004 City Council meeting. Staff was directed to supply a copy of the pro and
con information to Planning Commissioners for their information.
OLD BUSINESS
None.
NEW BUSINESS
Mayor Heinsheimer directed that the City Council take item 8-B at this time.
PRESENTATION FROM TRILLIUM TELECOM SERVICES, L.L.C., REPRESENTING
SPRINT PCS, REGARDING INSTALLING WIRELESS TELECOMMUNICATION
DEVICES AT FIVE SITES IN THE CITY.
City Manager Nealis presented the staff report indicating that Sprint has proposed to install
equipment at five additional sites on existing poles in the City. He indicated that the
Community Association had approved this plan. City Manager Nealis introduced Ms. Flo
Mead representing Trillium Telecom Services and Sprint PCS.
Ms. Mead provided a report to the City Council regarding this proposal. Councilmember
Black questioned the accuracy of the information identifying an existing antenna at 4
Appaloosa Lane and indicated that he could not locate this equipment on that property and
that no antenna exists on that property. Councilmember Black expressed that he saw
equipment on the pole at the intersection of Appaloosa Lane and Upper Blackwater Canyon
Road however, that this location is not listed as an existing site and that approval may not
have been received previously for this location. He requested Sprint to clarify these concerns.
Further, Councilmember Black expressed concern whether any equipment placed on poles
would discourage or delay potential undergrounding of utilities in any neighborhood.
Mayor Heinsheimer described the difficulties in the County unincorporated area along
Crenshaw Boulevard where cellular telephone companies have caused the delays in the
undergrounding of utilities along that roadway.
Ms. Mead expressed that Rolling Hills is somewhat unique in that these devices are proposed
on private property and not in public rights of way. She described her experience with
Caltrans when they have introduced this equipment on Caltrans facilities and a requirement
for Caltrans to assist the cellular telephone company to maintain their coverage areas when
utilities are undergrounded.
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Mayor Heinsheimer requested clarification from Ms. Mead relative to the maps that they
provided. Ms. Mead explained the information on the maps.
Ms. Mead also described the antennas and equipment that will be placed on poles and
indicated that no new vaults or additional poles are proposed. She also indicated that these
five locations constitute the final improvements for cellular telephone equipment by Sprint in
the City.
Mayor Pro Tem Pernell questioned the interpretation of the word "acknowledgement" used
in correspondence by Trillium in discussing the sites with property owners. He questioned
whether the word "acknowledgement" constituted consent and requested the City Attorney
to comment. City Attorney Mike Jenkins indicated that the documentation provided by the
property owners constitutes consent for the equipment.
Discussion ensued whether the removal of this equipment following undergrounding of
utilities and any rights Sprint may have to delay the underground of utilities or whether they
will cooperate with the City in the event poles were to be removed. Mayor Heinsheimer
requested Ms. Mead to provide correspondence from Sprint at an upcoming City Council
meeting on this subject.
Following discussion and hearing no objections, Mayor Heinsheimer continued this item to
the City Council meeting to be held on Monday, October 25, 2004, to allow Sprint to address
the concerns expressed by the City Council relative to undergrounding of utilities and the
issues of the devices at 4 Appaloosa Lane, and Appaloosa Lane and Upper Blackwater Canyon
Road described by Councilmember Black.
ORDINANCE NO. 296: AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING THE MEETING TIME OF THE PLANNING COMMISSION AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
(FIRST READING AND INTRODUCTION)
City Manager Nealis introduced Ordinance No. 296. He indicated that the Planning
Commission had discussed the idea of adjusting their meeting time from 7:30 p.m. to 6:30 p.m.
and that staff prepared this Ordinance because in order to make this adjustment, an
amendment to the Municipal Code was required. He indicated that the attached Ordinance
would give the Planning Commission the discretion to establish its meeting time by
resolution.
Mayor Pro Tem Pernell requested clarification regarding public notification of this change.
City Attorney Jenkins commented on the posting of Agendas at City Hall. City Manager
Nealis commented on the advertisement of meeting times in the Citywide Newsletter.
Following discussion, a motion was made by Councilmember Lay, which was seconded by
Councilmember Hill, to introduce Ordinance No. 296. Hearing no objections, Mayor
Heinsheimer ordered Ordinance No. 296 introduced and continued this item to the October 25,
2004 City Council meeting for consideration of second reading and adoption.
CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF
ROLLING HILLS AND BAY CITIES NATIONAL BANK FOR BANKING SERVICES
AND FOR DEPOSIT OF MONEYS.
City Manager Nealis introduced the staff report indicating that on August 9, 2004 staff had
presented a proposed amendment to the existing banking services agreement with Union
Bank and at that meeting, Councilmember Black had suggested that staff do further research
regarding this subject and determine whether Bay Cities National Bank would provide these
services free of charge. City Manager Nealis reported that Bay Cities National Bank had
agreed to provide these services free of charge and therefore, this staff report was presented
for consideration of approval for staff to proceed with changing the daily banking services
from Union Bank to Bay Cities National Bank.
Following a brief discussion, a motion was made by Councilmember Black, which was
seconded by Mayor Pro Tem Pernell, to approve the recommendation of staff to change daily
banking services from Union Bank to Bay Cities National Bank. Hearing no objections, this
was so ordered by Mayor Heinsheimer.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mrs. Maureen Hill, Co -President of the Women's Community Club of Rolling Hills, invited the
City Council to the Club's Neighborhood Meeting on October 14, 2004, at 7:00 p.m. at the
home of Mrs. Jeanne Hadley.
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MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Black requested an update regarding the undergrounding of utilities on Pine
Tree Lane. City Manager Nealis indicated that he would contact the Edison Company for any
update. Councilmember Black questioned whether City was going to recognize the City of
Hope event that was copied to the City Council. City Manager Nealis indicated that
correspondence had been prepared for Mayor Heinsheimer's signature regarding that event.
MATTERS FROM STAFF
None.
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.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Heinsheimer adjourned the
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eeting at 8:28 p.m. to the next meeting of the City Council (Joint meeting with the Planning
Commission) to be held on Monday, October 11, 2004, beginning at 7:30 p.m. in the City
Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
�k�
Mayor
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