Loading...
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. Minutes City Council Meeting 10/23/95 -1- 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. Minutes City Council Meeting 10/23/95 -2- 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. Minutes City Council Meeting 10/23/95 -3- • 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, Minutes City Council Meeting 10/23/95 -4- 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. Minutes City Council Meeting 10/23/95 -5- • 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 Minutes City Council Meeting 10/23/95 -6-