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4/11/1994MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 11, 1994 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:38 p.m. on Monday, April 11, 1994, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Swanson, Pernell, Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Larry Courtright, City Treasurer. Marilyn Kern, Deputy City Clerk. Lt. Ray Gonzales, Los Angeles County Sheriffs Department Lomita Station. Deputy Andrew Parrott, Los Angeles County Sheriffs 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 March 28, 1994. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from Dimension Cable Services regarding "Must Carry" provisions of the 1992 Cable TV Act. RECOMMENDATION: Receive and file. d. Correspondence from Lomita Sheriff Station Captain Herb Pettus regarding results of the March 17, 1994 Driving Under the Influence Sobriety Checkpoint. RECOMMENDATION: Receive and file. Councilmember Swanson moved approval of the recommendations contained in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. SPECIAL PRESENTATIONS A. INTRODUCTION OF MOTORCYCLE PATROL DEPUTY ANDREW PARROTT. City Manager Nealis reported that two representatives from the Los Angeles County Sheriffs Department, Lomita Station were present at the meeting to discuss the motorcycle patrol program with the City Council. Lieutenant Ray Gonzales introduced Deputy Andrew Parrott to the City Council. Discussion ensued regarding the interaction between the motorcycle and equestrians within the community. Councilmember Swanson reported on a meeting that was held and attended by Caballeros President Lori Cornell, Mayor Pro Tem Leeuwenburgh, Sergeant Thomas and Deputy Parrot of the Los Angeles County Sheriffs Department, City Manager Nealis and herself regarding the introduction of the motorcycle patrol in Rolling Hills. Councilmember Swanson reported that Caballeros President Cornell was supportive of the program and offered to help acquaint Deputy Parrott with the behavior of horses. Minutes City Council Member 04-11-94 _1_ After discussion, the City Council viewed the motorcycle and equipment used by Deputy Parrott. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. A. CONSIDERATION OF REPORT REGARDING FEES FOR "AS BUILT" CONSTRUCTION. City Manager Nealis presented the staff report highlighting the penalty fees that neighboring cities charge for construction projects in which required planning applications for City review and building permits for County inspection were not filed. City Manager Nealis reported that the County Building and Safety Department doubles permit fees for "as built" construction. During discussion, Councilmembers concurred that a penalty should be charged to discourage this type of construction. City Manager Nealis reported on "as built" cases which have previously come before the Planning Commission and the City Council. He .suggested that an appeal process be provided. Councilmember Pernell suggested that the City adopt an "as -built" penalty policy and that this process be reviewed in six months. City Treasurer Larry Courtright suggested that since this fee is actually a penalty for an unlawful procedure that it be designated as a fine. City Manager Nealis indicated that the resolution initiated to institute this policy should also indicate that payment of this penalty does not allow the "as -built" to exist without the benefit of permit and Planning Commission review if required. Mayor Murdock ordered that staff prepare a draft resolution for consideration at the, April 25, 1994, City Council Meeting amending the City's fee schedule to allow for a monetary fine for "as built" construction. B. CONSIDERATION OF REPORT REGARDING AB 1680 (BOWEN) MANDATING LOCAL ORDINANCES THAT WOULD PERMIT THE ESTABLISHMENT OF HOME ENTERPRISES IN AREAS ZONED FOR RESIDENTIAL USE. City Manager Nealis presented the staff report providing the City Council with the background on AB 1680. In response to Councilmember Swanson, City Manager Nealis explained that Assembly Member Bowen is sponsoring this bill to assist in generating economic recovery from the Northridge Earthquake by allowing home business to exist. Councilmember Pernell reported that it was his understanding that this bill would also generate more revenue from business license fees. Mayor Pro Tem Leeuwenburgh reported that she had spoken with Carol Richter of the Palos Verdes Peninsula Chamber of Commerce who indicated that the Area Chamber was in support of this bill and she wanted an indication of how the City of Rolling Hills views this bill. Mayor Pro Tem Leeuwenburgh also stated that she feels that the City should oppose this mandated program since it would take away local control. Councilmembers discussed the restrictions in the Rolling Hills Community Association's CC&Rs which might preclude commercial operations. RHCA Board Member Henke reported that the CC&Rs do not allow commercial operations within the City. Minutes City Council Member 04-11-94 -2- Councilmember Heinsheimer stated that this bill seems to be aimed at the City of Los Angeles and other Cities in Los Angeles County which would benefit from an increase in revenue from business license fees. Councilmember Pernell suggested that staff contact the local state legislators regarding AB 1680 and Assembly Member Bowen, regarding an amendment to this bill so that it would not apply to cities that do not mAia- in,�COTnmercial or business zones. Councilmembers concurred that they would support this bill if it were amended. Hearing no objection, Mayor Murdock directed staff to contact Assembly Member Bowen's office to ascertain her willingness to amend this legislation. Staff was further directed to report on this legislation at the, April 25, 1994, City Council meeting. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Leeuwenburgh reported that an important item regarding a request for funds from the Palos Verdes Open Space Committee came to her attention after agenda materials were prepared and the agenda for this evening's meeting was posted. Mayor Pro Tem Leeuwenburgh requested that Mayor Murdock consider that due to the emergent nature of this item, that it be placed on the agenda for discussion this evening. Hearing no objection, Mayor Murdock ordered that consideration of a request for funds from the Palos Verdes Open Space Committee be added to the agenda. Mayor Pro Tem Leeuwenburgh reported on the Peninsula Open Space Committee's questionnaire and requested emergency authorization to expend $225 to pay Rolling Hills' portion of the questionnaire/polling costs. She stated that the need for additional funds came about since the City of Palos Verdes Estates has declined to participate in the funding of the questionnaire. In response to Mayor Murdock, City Treasurer Courtright indicated that there are discretionary funds in the budget to allow for this type of expenditure. Mayor Pro Tem Leeuwenburgh moved that the City Council approve an expenditure of $225 to assist the Peninsula Open Space Committee in costs associated with the Open Space questionnaire. Councilmember Pernell seconded the motion which carried unanimously. • Councilmember Swanson reported on the Palos Verdes Peninsula Unified School District's new Interim Superintendent Mr. Irving Jones. Councilmember Swanson reported that she introduced Mr. Irving to the School District. • Mayor Murdock announced that the Community Association of the Peninsula and Norris Theater Management Board will be hosting their 1994 Annual Celebration on Tuesday, April 19th. Staff was directed to prepare congratulatory letters for award recipients Lea Ann King and Paul Conrad. • Mayor Murdock reported that the South Bay Law Enforcement Forum has been scheduled for, April 27, 1994, at the Torrance Cultural Arts Center beginning at 7:00 p.m. Mayor Murdock encouraged Councilmembers to attend and staff was directed to place an article in the Citywide Newsletter encouraging Rolling Hills residents to participate in the forum. MATTERS FROM STAFF • City Manager Nealis reported that the tally of Precinct Number 1 and Absentee Votes for the Rolling Hills General Municipal Election will begin after the close of the polls at 8:00 p.m. on Tuesday, April 12, 1994, in the City Council Chambers. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION None Minutes City Council Member 04-11-94 -3- ADJOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 8:20 p.m. to an adjourned regular meeting of the City Council to be held on Tuesday, April 19, 1994, for the purpose of certifying the results of the City of Rolling Hills General Municipal Election held on Tuesday, April 12, 1994. Respectfully submitted, A Marilyn L. 'kern Deputy City Clerk Approved, Minutes City Council Member 04-11-94 -4- 1