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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. Minutes City Council Meeting 09/27/04 -1- 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. Minutes City Council Meeting 09/27/04 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 -2- 1 1 1 1 n 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. Minutes City Council Meeting 09/27/04 -3- 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. Minutes City Council Meeting 09/27/04 -4- 1 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 I 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 Minutes City Council Meeting 09/27/04 -5-