10/23/1995 MINUTES OF A
REGULAR MEETING
OF THE CITY COUNCIL
OF THE
CITY OF ROLLING HILLS,CALIFORNIA
_ OCTOBER 23,1995
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by
Mayor Pernell 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, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager. .
Lola Ungar, Principal Planner.
Marilyn L. Kern, Deputy City Clerk.
Captain Beth Dickinson, 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 - Regular Meeting of October 9, 1995.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of September, 1995.
RECOMMENDATION: Approve as presented.
d. Memorandum regarding administrative disposition of Zoning Case No. 527,
Mr. and Mrs. Richard Hilliard, 6 Meadowlark Lane (Lot 20-RH).
RECOMMENDATION: Receive and file.
e. Browning-Ferris Industries tonnage report for collections in the City of
Rolling Hills for the month of September, 1995.
RECOMMENDATION: Receive and file.
f. Consideration of a request from the City of Rolling Hills Estates to request
that the Piro v. City of Rolling Hills Estates No. BO 92388 opinion be
published.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the recommendations
contained in the Consent Calendar. Councilmember Lay seconded the motion which
passed unanimously.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 95-14: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING MODIFICATIONS TO AN
APPROVED SITE PLAN REVIEW APPLICATION FOR THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE AND OTHER IMPROVEMENTS TO
REPLACE AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
533. MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE (LOT 176-A-MS AND A
PORTION OF LOT 176-MS).
City Manager Nealis presented the staff report outlining Planning Commission action
relative to Zoning Case No. 533.
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Hearing no discussion and no objection, NTayor Pernell ordered that Resolution No. 95-14
be received and filed.
RESOLUTION NO. 95-16: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR
JOINT POWERS TRANSIT AUTHORITY LIMITED USES IN ZONING CASE NO.
532.
City Manager Nealis recommended that the public hearing regarding Ordinance No. 255-U
authorizing joint power transit authority limited uses as a conditionally permitted use in
the RA-S-2 Zone be considered before the City Council considers the report on Planning
Commission Resolution No. 95-16. Mayor Pernell requested that the City Council consider
Planning Commission Resolution No. 95-16 as it is currently listed on the Agenda.
City Manager Nealis presented the staff report outlining Planning Commission action
relative to Zoning Case No. 532. City Manager Nealis noted that there are people present
at the meeting who may wish to give public testimony relative to this case however, this
item is presented as a Planning Commission report and the merits of the application are
not subject to public hearing testimony.
• Mr. Fred Ballin, 17 Coveview Drive, Rancho Palos Verdes, stated that he represents
several persons in attendance whose property adjoins the School District property and
stated that they would like to be heard on this matter.
City Manager Nealis explained that this matter was heard in a public hearing at the
Planning Commission. He explained that there would have to be an appeal of this case in
order for it to be scheduled before the City Council as a public hearing. He further
explained the Municipal Code timeline provisions for the appeal process.
• Mrs. Kim Lindsey, 19 Coveview Drive, Rancho Palos Verdes, stated that she and her
neighbors did not understand this process and expressed a desire to be heard on this
matter.
City Manager Nealis reported that those in attendance could be heard on this matter this
evening as long as their comments were limited to whether the Council should take this
case under jurisdiction. He explained that the City Council could take jurisdiction of this
case or the applicant or any person giving written or oral testimony at the Planning
Commission level could appeal the case thereby causing a public hearing to be scheduled
where public testimony regarding the merits of the case may be heard before the City
Council.
• Mr. Fred Ballin, 17 Coveview Drive, Rancho Palos Verdes, stated that residents in the
Coveview area will be disturbed by the noise created by storage of transit vans on the
School District property. In response to Mayor Pernell, Mr. Ballin indicated that he
made is concerns known to the Planning Commission.
Councilmembers discussed the scheduled public hearing later in the meeting regarding the
Ordinance which enables the approval of this Conditional Use Permit. Discussion ensued
regarding the City Council's procedure in this matter. City Manager Nealis explained that
the appeal period of the Planning Commission action will close on November 16, 1995. He
further explained that the issues in Ordinances 255-U and 256 are limited to specific
limited use by a transit authority and public testimony relative to these Ordinances should
be limited to that issue and not the merits of a specific Conditional Use Permit.
Councilmembers concurred that since the appeal period on this case will remain open
until November 16, 1995, the City Council could receive and file Resolution No. 95-16.
Hearing no further discussion and no objection, Mayor Pernell ordered that Resolution
No. 95-16 be received and filed.
TRAFFIC COMMISSION ITEMS
None.
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PUBLIC HEARINGS
CONSIDERATION OF: �
ORDINANCE NO. 255 U.a;�;��°�N�ORDINANCE OF THE CITY OF ROLLING
HILLS AUTHORIZING JOINT POWER TRANSIT AUTHORITY LIMITED
USES AS A CONDITIONALLY�PERMITTED USE IN THE RA-S-2 ZONE,
AND AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE,
AND DECLARING THE URGENCY THEREOF.
City Manager Nealis presented the staff report outlining Ordinance No. 255-U and
Ordinance No. 256. Councilmembers discussed the impact of the adoption of Ordinance
No. 255-U on Planning Commission Resolution No. 95-16 if the Planning Commission
action is appealed. City Manager Nealis explained that the Urgency Ordinance will take
effect immediately, if adopted this evening, and it will enable Resolution No. 95-16 to take
effect.
• Mr. Hal Lindsey,.19 Coveview Drive, Rancho Palos Verdes, stated that he was present
when the Planning Commission took action on the School District's application for a
Conditional Use Permit and Zone Text Amendment and was under the impression
that those wishing to give public testimony would be able to do so at the City Council
meeting.
City Manager Nealis apologized for any misunderstanding and explained the public
hearing and appeal process.
In response to Mayor Pernell, Palos Verdes Estates Councilmember Rosemary Humphrey,
Chair of the Palos Verdes Peninsula Transit Authority, stated that if the Council were to
adopt the Urgency Ordinance, the Authority would want to place the Administrator at the
location, however, would hold off placing the vans on the School District property until
the appeal period was over. .
In response to Councilmember Heinsheimer, City Manager Nealis explained that the
Municipal Code states that a decision of the Planning Commission relative to a
Conditional Use Permit is considered final on the date the Commission adopts a
Resolution setting forth a decision. He further stated that the decision shall become
effective 30 days after the adoption of the Resolution unless an appeal is filed or the City
Council takes jurisdiction in accordance with the procedures set forth in the Municipal
Code. He explained that the Urgency Ordinance would accelerate approval of the
application to November 17, 1995.
Councilmembers discussed the conditions set forth in Resolution No. 95-16 requiring the
applicant and other affected agencies to coordinate meetings with area residents regarding
their concerns prior to the March, 1996, Planning Commission meeting and report to the
Planning Commission on the results of that meeting. Mayor Pernell stated that he feels
that the Planning Commission did an exemplary job in addressing this issue and the
concerns raised during their deliberations. He further stated that given the urgency of the
request and thorough review by the Planning Commission, that this item should be
considered this evening. Mayor Pernell invited those present at the meeting to come
forward with their concerns regarding the Ordinance.
Mayor Pernell reminded those in attendance that their testimony must be limited to the
City Council's action relative to this Ordinance. Mayor Pernell opened the public hearing
and called for testimony.
• Mrs. Judy McFarland, 5 Coveview Drive, Rancho Palos Verdes; questioned whether an
environmental review was prepared. She expressed concern for noise and exhaust
from the ten vans which may impact her property.
City Manager Nealis reported that a Negative Declaration was prepared and presented to
the Planning Commission at their public hearing. He further reported that it was
determined that this request poses no significant impact on the environment. City
Manager Nealis offered to send Mrs. McFarland and copy of the staff report which contains
the environmental worksheet for her review.
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• Dr. Hal Lindsey, 19 Coveview Drive, Rancho Palos Verdes, expressed that he feels
noise is naturally amplified from the School District property, up the hill, to his
property. He stated that he can hear conversations and other noise created by the
maintenance activities. He stated that he and his wife work nights and are awakened
each morning at 7:00 a.m. by this noise. He reported that his wife has addressed this
issue with the maintenance personnel without positive results. Dr. Lindsey stated that
he feels that this noise has a significant environmental impact on his property.
• Mrs. Kim Lindsey, 19 Coveview Drive, Rancho Palos Verdes, stated that her health is
being affected by being awalcened each morning by the noise emanating from the
School District property. Mrs. Lindsey suggested that other places on the Peninsula be
sought for the purpose of storing transit vans.
• Mrs. Ruth Baldridge, 11 Coveview Drive, Rancho Palos Verdes, expressed concern
about noise from the School District property. Mrs. Baldridge also stated that she feels
that the District property presents an unsightly view from her home.
• Mrs. Jenny Snider, 25 Buggy Whip Drive, urged the City Council to adopt the
Ordinance. She stated that she attended the Planning Commission meeting relative to
this Ordinance and feels that the Planning Commission did a thorough job in
reviewing this case.
• Mrs. Anita Ballin, 17 Coveview Drive, Ranch Palos Verdes, stated that she left the first
Planning Commission public hearing with the understanding that the Transit
Authority would be finding another location in which to store their vehicles and was
unable to attend the continued public hearing in October.
Mayor Pernell reminded those giving testimony that they must limit their comments to
the Ordinance rather than the merits of Zoning Case No. 532. Mayor Pernell explained
that the City Council has already accepted the Planning Commission Resolution of
approval in that Zoning Case and is now discussing the appropriateness of the Urgency
Ordinance.
In response to Mrs. Ballin, to set the record straight, City Manager Nealis explained that the
Planning Commission suggested numerous locations to the District for evaluation. He
reported that the District prepared and presented written correspondence addressing this
issue and also presented oral testimony at the Planning Commission meeting on October
17, 1995, relative to their research. City Manager Nealis stated that after evaluation of the
Districts report and public testimony, the Planning Commission approved the project with
conditions which they felt addressed concerns raised by those in opposition to the project.
• Rancho Palos Verdes Mayor Lee Byrd, addressed the City Council regarding the degree
of urgency of this Ordinance. He reported that he understands that some Rancho Palos
Verdes residents are effected by the School District Maintenance facility noise. He
reported that the cost savings to the transit system are crucial to its future. Mayor Byrd
indicated that he is willing to work with the Rancho Palos Verdes residents who are
opposed to this proposal to assist in mitigating their concerns.
In response to Mayor Pro Tem Murdock, Palos Verdes Transit Authority Chair Rosemary
Humphrey stated that the transit vehicle capacity is sixteen to nineteen passengers. Chair
Humphrey explained that the transit vehicles are only in operation on Monday through
Friday.
In response to Councilmember Heinsheimer, City Manager Nealis stated that the
alternative locations suggested by the Planning Commission were investigated and
deemed to be unacceptable for use by the Authority. Transit Authority Chair Humphrey
reported on the alternative sites which were considered and the reasons they were deemed
unacceptable. She also explained that the School District site best suites their needs and is
consistent with the uses already established on the property.
Mayor Pernell closed the public hearing. In response to Councilmember Heinsheimer,
City Manager Nealis explained that the Conditional Use Permit will expire on June 30,
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1996, at which time the applicant must reapply. City Manager Nealis further explained
that the City Council can at any time direct staff to bring before them a modification to a
section in the Municipal Code. Councilmember Lay suggested that staff be directed to bring
this Ordinance back to the City Council's��a�ten�n for review in September, 1996.
.:e'`"'`�r� . „ -
Councilmember Lay moved that the City Council waive further reading and adopt
Ordinance No. 255-U. Councilmember Heinsheimer seconded the motion which carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ORDINANCE NO. 256: AN ORDINANCE OF THE CITY OF ROLLING HILLS
AUTHORIZING JOINT POWER TRANSIT AUTHORITY LIMITED USES AS
A CONDITIONALLY PERMITTED USE IN THE RA-S-2 ZONE, AND
AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis presented the staff report outlining Ordinance 256.
Councilmember Heinsheimer moved that the City Council waive further reading and
introduce Ordinance No. 256. Mayor Pro Tem Murdock seconded the motion which
carried unanimously. Hearing no further discussion, Mayor Pernell continued the public
hearing to the next regularly scheduled meeting of the City Council to be held on Monday,
November 13, 1995.
In response to Mrs. Kim Lindsey, City Manager Nealis explained the appeal process. He
also stated that Ordinance 256 will be considered for second reading and adoption at the
next regularly scheduled meeting of the City Council. City Manager Nealis offered to have
Principal Planner Ungar meet with those persons objecting to the approval of the
Conditional Use Permit and the adoption of Ordinance Nos. 255-U and 256 in the lobby
after the meeting for further explanation and to obtain the paperwork necessary for an
appeal.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF AN APPOINTMENT TO THE ROLLING HILLS TRAFFIC
COMMISSION.
City Manager Nealis presented the staff report. In response to Mayor Pernell,
Councilmember and Traffic Commission Chair Frank Hill stated that he would prefer that
his City Council colleagues make the decision as to who they would recommend to fill this
vacancy.
Hearing no objection, Mayor Pernell ordered that this item be referred to the Personnel
Subcommittee for interviews and that the Subcommittee shall report back to the City
Council.
OPEN AGENDA -APPROXIMATELY 5:00 P.M. -PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
• Councilmember Heinsheimer commented on the recent brush fire in Rancho Palos
Verdes and suggested that staff direct correspondence to the Los Angeles County Fire
Department commending them for their efforts in extinguishing the fire.
• Mayor Pro Tem Murdock reported on the nomination of City Treasurer Larry
Courtright for the Dominguez Brand Award and the ceremony attended by City officials
and staff.
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• Mayor Pernell reported on the attendance of Councilmember Frank Hill, his wife
Maureen, City Manager Nealis and himself at the Mayors' and City Council
Appreciation Luncheon sponsored by the Chamber of Commerce and the Rotary Club.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting
at 8:50 p.m. to the next regularly scheduled meeting of the City Council to be held on
Monday, November 13, 1995.
Respectfully submitted,
� �
Marilyn L. ern
Deputy City Clerk
Approved,
Go re e , : .S:
Mayor
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