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8/23/1993MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AUGUST 23, 1993 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:35 p.m. on Monday, August 23, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Pernell, Swanson (arrived at 8:00 p.m.), Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: Heinsheimer (excused). Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Planner. Nan Huang, Senior Accountant. Marilyn Kern, Deputy City Clerk. Captain Herb Pettus, Los Angeles County Sheriff's Department, 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 August 9, 1993. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of July. RECOMMENDATION: Approve as presented. d. Appointment of City Council Subcommittee. RECOMMENDATION: Approve as presented. e. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. f. Correspondence from Dimension Cable Services regarding changes in its programming and pricing structure. RECOMMENDATION: Receive and file. Mayor Pro Tem Leeuwenburgh moved approval of the recommendations contained in the Consent Calendar. Councilmember Pernell requested that item 3-f be removed from the Consent Calendar for discussion and seconded the motion to approve the recommendations of items a through e. Hearing no objection, Mayor Murdock so ordered. f. Correspondence from Dimension Cable Services regarding changes in its programming and pricing structure. RECOMMENDATION: Receive and file. Councilmember Pernell requested information regarding the effect these price changes would have on Rolling Hills' residents. City Manager Nealis reported that the cable service voluntarily elected to reduce their rates to the federal regulation benchmark cable rates. He further reported that effective September 1, 1993, local government will have the option to regulate cable television rates and this prompted Dimension Cable to reduce their rates. He referred to the chart prepared by Dimension Cable and reported that he questioned Mr. Steve Fowler, General Manager of Dimension Cable, regarding the rate comparisons. Mr. Fowler indicated that this was a basic chart and did not include the Rolling Hills rates. Rolling Hills current basic monthly rate is $14.95 and Minutes City Council Meeting 8/23/93 -1- after August 31, 1993, will be reduced to $13.65 and the Dimension Service, with added features, will be reduced to $22.04 per month. Discussion then ensued regarding the franchise agreement with Dimension Cable and City Manager Nealis reported that he is working closely with the City Attorney to prepare appropriate documents which will allow the City to regulate rates. This item will be brought before the City Council in the future. Councilmember Pernell questioned if the cable company's established thresholds of anticipated participation were being met in Rolling Hills. City Manager Nealis reported that he would obtain exact figures and would report them at the next meeting. Following discussion, Councilmember Pernell moved that the City Council receive and file correspondence from Dimension Cable Services regarding changes in its programming and pricing structure. Mayor Pro Tem Leeuwenburgh seconded the motion. Hearing no objection, Mayor Murdock so ordered. INTRODUCTIONS Mayor Murdock then introduced the new Commander of the Los Angeles County Sheriffs Department, Lomita Station, Captain Herb Pettus and welcomed him aboard. Mayor Murdock also indicated that Senior Accountant Nan Huang was present at the meeting in place of City Treasurer Larry Courtright. PLANNING COMMISSION ITEMS A. ZONING CASE NO. 460B DR. JAMES SCHARFFENBERGER, 5 APPALOOSA LANE (LOT 106-D-RH) RESOLUTION NO. 93-26: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE AND CORRAL, APPROVING A SITE PLAN REVIEW APPLICATION, AND REPEALING RESOLUTION NO. 92-27 IN ZONING CASE NO. 640B. Principal Planner Ungar presented the staff report outlining Dr. and Mrs. Scharffenberger's request and previous Planning Commission and City Council actions relative to this zoning case. Mayor Pro Tem Leeuwenburgh expressed concern regarding the easement access for the driveway and questioned if the driveway remained as previously approved by the Traffic Commission. She further inquired regarding fire department approval because of concerns raised by neighbors as to access to the area by the Fire Department equipment. It was indicated that the driveway remained as originally approved by the Traffic Commission and that the easement access has been cleared. Staff indicated that the final plans will be reviewed by the Fire Department prior to, issuance of building permits. Addressing these issues, Criss Gunderson, representative of the applicant indicated that the plan has been preliminarily reviewed by the Fire Department. Councilmember Pernell expressed his concern regarding the fact that only three members of the Planning Commission were present for the approval of this Resolution and that the vote was 2-1. Assistant City Attorney Ennis stated that for the Planning Commission to take action, a quorum and majority vote of those present is all that is required. Principal Planner Ungar was requested to research the vote taken on the preparation of the Resolution, rather than the vote on the Resolution itself by the Planning Commission. Hearing no objection, Mayor Murdock requested that while Principal Planner Ungar was researching this that the City Council move on to the next agenda items. TRAFFIC COMMISSION ITEMS NONE. PUBLIC HEARINGS NONE. OLD BUSINESS NONE. Minutes City Council Meeting 8/23/93 -2- NEW BUSINESS A. RESOLUTION NO. 712:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, SUPPORTING THE SOUTH BAY CITIES ASSOCIATION'S .RECOMMENDED SUBREGIONAL HOUSING POLICY AND AUTHORIZING THE SOUTH BAY CITIES ASSOCIATION TO PURSUE NEW LEGISLATION` TO ACCOMPLISH THAT POLICY. City Manager Nealis presented the staff report regarding this Resolution and reported that the City Attorney's office is working on a Committee with the League of California Cities to obtain legislative relief and the South Bay Cities Association will also be attempting to lobby in this regard. City Manager Nealis reported on the City's action of providing its CDBG Funds to the City of Lomita for the construction of low/very low and moderate income housing units. He reported that to date almost 80 units have been constructed. He further reported that this legislation attempts to increase the number of housing units for low/very low and moderate income housing by cities joining together to share in creating this housing while at the same time obtaining credit for that effort. Councilmember Leeuwenburgh asked what sort of response the League of California Cities is receiving relative to this legislation in Sacramento. Assistant City Attorney Kevin Ennis reported that the League Committee is meeting with representatives from HCD and other groups and a proposed HCD Bill has been made into a 2 -year bill so that further negotiations can occur. He indicated that the League Committee is very interested in making its own comprehensive proposal to the legislature which would deal with some of the issues contained in Resolution No. 712. He stated the League's main concern in that the HCD bill does not include transfers. Mayor Pro Tem Leeuwenburgh moved approval of Resolution No. 712 supporting the South Bay Cities Association's recommended Subregional Housing Policy and authorizing the South Bay Cities Association to pursue new legislation to accomplish that policy. Councilmember Pernell seconded the motion. Hearing no objection, Mayor Murdock so ordered. PLANNING COMMISSION ITEMS - Continued A. ZONING CASE NO. 460B DR. JAMES SCHARFFENBERGER, 5 APPALOOSA LANE (LOT 106-D-RH) RESOLUTION NO. 93-26: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE AND CORRAL, APPROVING A SITE PLAN REVIEW APPLICATION, AND REPEALING RESOLUTION NO. 92-27 IN ZONING CASE NO. 640B. In response to Councilmember Pernell's concern, Principal Planner Ungar reported that Planning Commission Resolution 93-26 was ordered prepared by Commissioners Raine, Hankins, Lay and Chairman Roberts with Commissioner Frost voting no. Following discussion and hearing no objection, Mayor Murdock ordered that Planning Commission Resolution No. 93-26 approving a Variance to permit an encroachment into the front yard to construct a stable and corral, approving a Site Plan Review application and repealing Resolution No. 92-27 in Zoning Case 640B be received and filed. NEW BUSINESS -Continued B. CONSIDERATION OF POTENTIAL IMPLEMENTATION OF A MOTORCYCLE TRAFFIC OFFICER PROGRAM. City Manager Nealis presented the staff report. Councilmember Pernell expressed his concerns regarding the compatibility of a motorcycle patrol within the City and that this type of patrol is ineffective during inclement weather. Councilmember Pernell suggested that this item be discussed with the Caballeros Club and the Community Association. Mayor Pro Tem Leeuwenburgh reported that during discussions at the Regional Law Enforcement Committee meetings, it was noted that part of the special training for motorcycle patrol officers is how to deal with horses since all three cities have horse trails. Discussion then ensued regarding the motorcycle patrol's ability Minutes City Council Meeting 8/23/93 -3- to respond to a situation faster than a patrol car and that the motorcycle patrol can deploy radar traffic control enforcement with greater ease and in areas where patrol cars cannot. City Manager Nealis reported that trail motorcycles have been used on the equestrian trails within Rolling Hills for sometime now and are working effectively. City Manager Nealis reported to the City Council that the motorcycle patrol program would be evaluated at the end of a 12 month period to determine whether or not this type of patrol is working on the Peninsula. Mayor Murdock noted the arrival of Councilmember Swanson and reviewed this item for her. Councilmember Swanson expressed her concern regarding the extra costs for this type of patrol. She further expressed concern for the need for this type of patrol while at the same time being sensitive to the requirements of the Community Association of not allowing motorcycles within the community. Mayor Murdock reported that this is a regional program and also affects the cities of Rancho Palos Verdes and Rolling Hills Estates. Mayor Pro Tem Leeuwenburgh further reported that the program has been tested and evaluated in a community similar to the cities on the Peninsula and that the Lomita Station feels it would work quite well on the Peninsula. She indicated that the City of Rolling Hills share would only be 10% and reconfirmed that this program would be evaluated during the 12 month test period and if problems arose, they could be communicated to Captain Pettus. She noted that this program received unanimous support from the Regional Law Enforcement Committee. Discussion ensued regarding the law enforcement hours provided to the City of Rolling Hills. Captain Pettus reported on the numbers of criminal and traffic cars operating on the Peninsula. Councilmember Pernell questioned that should this program prove to not be working effectively in Rolling Hills, could the program be evaluated before the 12 month test period. City Manager Nealis reported that the Sheriff's Department recommends a 12 month evaluation. Captain Pettus said extensive training is involved and less than a 12 month test period would not be beneficial. During further discussion, it was decided that the City Council would re-evaluate this program at the meeting of September 13, 1993 after the Caballeros Club and the Rolling Hills Community Association have been approached on this subject. Councilmember Swanson stated that she would contact the Caballeros Club and City Manager Nealis directed to approach the Rolling Hills Community Association. Councilmembers concurred that the deployment of the motorcycle patrol on a regional basis on the Peninsula was agreeable to them and they felt it could be worked out to accommodate what each city feels is a concern in their jurisdiction. Councilmember Pernell moved conceptual approval of the consideration of potential implementation of a motorcycle traffic officer program as recommended by the Regional Law Committee with the recommendation that staff return this item to the City Council on September 13, 1993 with input from the Caballeros relative to how this program might affect equestrian activity and from the Community Association. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously. C. REPORT REGARDING THE PENINSULA TRANSPORTATION SERVICES. City Manager Nealis presented the staff report. Mayor Murdock called for discussion from the City Council. Councilmember Swanson reported that she requested this item be placed on the agenda stating that it had been brought to her attention by several residents of Rolling Hills who are elderly and/or disabled and do not drive. She felt it would be beneficial for the City Council to evaluate the need for a dial -a -ride service in Rolling Hills. She further reported on the City's trade of Prop. A dollars for General Fund dollars and requested with the Council's concurrence that staff prepare Citywide Newsletter articles relative to what is available in the other cities on the Peninsula and keep a tally as to how many people in this City need this type of service. Discussion then ensued regarding frequency of usage and costs to the City for such a program in the City of Rolling Hills and whether or not this would be beneficial. Mayor Pro Tem Leeuwenburgh suggested that the Peninsula Senior Center be contacted relative to services that are provided by them. She indicated that they have volunteers who provide transportation. Councilmember Pernell recalled that the last time this item was considered by the City Council that the need within the community had not been established and even if an occasional person used the Minutes City Council Meeting 8/23/93 -4- L service, the cost would be to great. Mayor Pro Tem Leeuwenburgh expressed her concern that the privatization of the roadways might be an obstacle in implementing this program in the City of Rolling Hills. Councilmember Swanson also reported that ;concerns were also raised about the elderly and disabled not being able to assist themselves in the event of an emergency. The Disaster Preparedness Program was discussed and the need to let Block Captains know who in their zones need assistance during a disaster and the importance of this information be kept up to date. After discussion and hearing no objection, Mayor Murdock ordered that this item be further researched by staff relative to services offered by the Peninsula Seniors and directed staff to prepare future Citywide Newsletter articles relative to these services available to the disabled and senior citizens. Staff was also directed to log calls from residents relative to transportation and to also make sure that the disaster preparedness block captain's are aware of the senior and disabled residents in the community. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME NONE. MATTERS FROM MEMBERS OF THE CITY COUNCIL A. CONSIDERATION OF APPOINTMENT TO THE PENINSULA PUBLIC SAFETY ASSISTANTS PROGRAM. Mayor Murdock and Mayor Pro Tem Leeuwenburgh reported that there is no new information to report regarding this item. B. REPORT FROM THE LANDSCAPE/HARDSCAPE SUBCOMMI'l-rhh. After a brief status report, Mayor Murdock reported that there is no new information to report regarding this item. MATTERS FROM STAFF NONE. MATTERS FROM THE CITY ATTORNEY NONE. CLOSED SESSION NONE. ADJOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 8:45 p.m. to the next regularly scheduled meeting of the City Council which will be held on Monday, September 13, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. L Marilyn L. Kern Deputy City Clerk Approved, "f" �.� // .: �-'1--odA�_IA .o Minutes City Council Meeting 8/23/93 -5-