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6/11/1984LO M LL m Q 39 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 11, 1984 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Leeuwenburgh at 7:30 P.M. Monday, June 11, 1984. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Heinsheimer, Murdock, Pernell Mayor Leeuwenburgh Councilwoman Swanson (arrived at 7:40 P.M.) Ron Molendyk Michael Jenkins June Cunningham Capt. E. Omohundro D. Bailey G. Shaw J. Price M. Dodell R. Lachman J. Kohzak K. Knickerbocker K. Johnson Mr. & Mrs. J. Brogdon C. Miller L. Ellery G. Gleghorn F. Hartwig S. Lusk Mr. & Mrs. M. Kamen Mr. & Mrs. D. Weiman K. McKinnie Mr. & Mrs. W. King G. Black R. Britt APPROVAL OF MINUTES 1720 City Manager City Attorney Deputy City Clerk L. A. County Sheriff Southern Calif. Edison .Architect Palos Verdes Peninsula Unified School District. 11 Residents P. Bemis Dr. L. Amberg F. Heckerman C. Partridge C. Weinstein M. Mize L: Zimmerman J. 011a D. Bray A. Raydon Palos Verdes News The minutes of an adjourned meeting held on May 29, 1984 were approved and accepted as presented on a motion made by Councilwoman Murdock, seconded by Councilman Pernell and carried unanimously. PAYMENT OF BILLS Councilman Heinsheimer moved that Demands No. 103 through 129, and 11725, 11726 and 11727 in the amount of'$25,739.95 be approved for payment from the General Fund. The motion was seconded by Coun- cilwoman Murdock and carried by the following roll call vote: .AYES: Councilmembers Heinsheimer, Murdock, Pernell Mayor Leeuwenburgh NOES: None ABSENT: Councilwoman Swanson PERSONAL APPEARANCE, AREA MANAGER, SOUTHERN CALIFORNIA EDISON CO. Mayor Leeuwenburgh introduced Mr. Don Bailey, Area Manager for Southern California Edison Company, and said he was present to address the Council and residents regarding recent power outages. Mr. Bailey said.there have been several outages in the past 10 - 11 days,.occurring mostly during morning hours, and lasting from less than two hours to four hours. Each incident resulted from activation of an automatic re -closure, which malfunctioned. M. June 11, 1984 Mr. Bailey said the device is very sensitive, and reacts to climactic changes, and he explained the procedure of line inspection following each activation of the device, to prevent fire. In the most recent incident a transformer blew, and it is the.belief of Edison personnel that the problem has been located and identified. Mr. Bailey said he had remained in close contact with the City Manager, but it was re- ported to him that some residents.who called the Edison Company were given incorrect information with regard to the cause of the problem and the relationship with City officials in dealing with the problem. Councilman Pernell complimented Mr. Bailey on the response and communication between his company and the city during the outages', - and he asked whether the faulty device is underground or above ground. Mr. Bailey said it is above ground, and after each outage the entire length of the service line is visually inspected. . Councilwoman Swanson asked Mr: Bailey about the deadline for a credit or rebate program for consumers who voluntary limit the use of air conditioners during peak hours, which was described to the - Council by Mr. Bailey at a City Council meeting. *'fir. Bailey said no deadline has been established at this time, and it is his belief that it is an open ended offer by Southern California Edison Company. Mayor Leeuwenburgh thanked Mr-. Bailey for his appearance before the Council. APPOIi1TMENT TO ENVIRONMENTAL nUALITY BOARD 1885 Mayor Leeuwenburgh asked that the record show that Mrs. Betty Bathgate had agreed to serve on the Environmental.Quality Board as a representative of the Board.of Directors of the Rolling Hills Community Association for a term of one year. APPOINTMENT TO PLANNING COMMISSION Mayor Leeuwenburgh said she had contacted Planning Commissioner Roger Frost, whose term has expired, and he has indicated that he is willing to continue to serve on that body. Councilwoman Swanson", moved that Commissioner Frost be reappointed to the Planning Commis- sion for a full term of four years. The motion was seconded by Councilman Pernell and carried unanimously. LETTER FROM PLANNING COMMISSION CHAIRMAN 1893 . In a letter dated June 4, 1984 to the Mayor and members of the City Council, Planning Commission Chairman Allan Roberts advised"', - that at the last regular meeting of the Planning.Commission a resii-.: dent asked that consideration be given to amending the Zoning Ordinance to control or eliminate certain accessory uses which are currently permitted, but which have or may create an adverse impact on surround- ing properties, citing a monorail on property in Rolling Hills. On behalf of the Planning Commission the Chairman requested that the City Council provide direction to the Commission of the*Co.uncil*b'e lieves there should be guidelines established for certain accessory. uses. In discussing the letter members of the Council agreed that the monorail is an agricultural use currently permitted in the RAS zor_e, and has been inspected and approved by the County. Councilman Pernell said it is his opinion that no more guidelines or restrictions should be considered at this time. Councilwoman Swanson agreed, stating that if the monorail is permitted under`the zoning ordinance and is satis- factory to the County, no action by the Council is needed. Council- woman Murdock suggested that a letter be written to the Planning -,!Com- mission, advising that it is the feeling of the Council members that the interpretation by the County Engineer and Planning, Commission.=i°s correct, and unless circumstances change, there is no need for the'-,-- Council he°:•:Council to act to impose any restrictions or guidelines. Mayor- Leeu-wenburgh said she would write a letter to the Planning Commissioner;- Chairman conveying the Council's confidence in dealing with the issue. -2- i FA June 11, 1984 41 PLANNING COMMISSION ACTION, MAY 15, 1984 1925 The City Manager reported that at a regular meeting of the Planning Commission on May 15, 1984 the following actions were taken: Zoning Case No. 289, S. M. Kim, 8 Buggy Whip Drive, Paddle Tennis Court The Manager reported that a Conditional Use Permit for a paddle tennis court on property located at 8 Buggy Whip Drive and owned by S. M. Kim was approved. Councilman Pernell asked whether the drainage on the property has been modified in any way. Mr. Molendyk said the Planning Commission had addressed the problem, and was satisfied. with evidence which was submitted by South Bay Engineering Corporation, and with a statement from the Los Angeles County Engineer that the increase in runoff due to the proposed improvements is insignificant and will not cause any drainage impact on the site -and/or downstream canyon areas. The Manager further said the Rolling Hills Community Association has indicated that the. trail adjacent to the Kim property would not be used for trail purposes. Councilman Pernell said it is his opinion that the problem of LO drainage has not been solved, and on the basis -of insufficient inform* (7) ation indicating an'proposed solution, he wished`to move that the City LL Council take jurisdiction of the case until further information about m the drainage is available. The motion was seconded by Councilwoman. Q Murdock and carried by the following vote: AYES: Councilmembers Murdock, Pernell, Swanson Mayor'Leeuwenburgh NOES: None ABSENT: None ABSTAINED: Councilman Heinsheimer Councilman Heinsheimer asked that the record show that as the owner of property adjacent to the Kim property, he did not participate in -,the discussion and will continue to refrain from discussing or vot- ing on the matter. Zoning Case No. 294,'Bart Cleveland, 2 Pine Tree Lane, Variance, Building Height The City Manager reported that a request by Bart Cleveland for a Variance of Building Height Requirements for a residence to be built at 2 Pine Tree Lane was denied. The information was received for.the file. Zoning Case No. 295, Richard Colyear, 35.Crest Road West, Tennis Court The Manager reported that an'applic.ation for a Conditional Use Permit by Richard Colyear for construction of -a tennis court at 35 Crest Road West was approved. The information was.received.for the file. MEETING RECESSED The meeting of the City Council was recessed at 8:00 P.M. MEETING RECONVENED The meeting was immediately reconvened with members of the City Council acting as the Board of Zoning Appeal. Mayor Leeuwenburgh, act- ing as Chairman of the Board, opened a hearing on the appeal filed by the Palos Verdes Peninsula Unified School District on the decision by the Rolling Hills Planning.Commission at a Special Meeting on Thursday, May 31, 1984, on Zoning Case No. 297, denying the application by the School District for`Conditional Use Permits and Variances for use of the La Cresta School site for Harbor College Adult Education Programs Nand for a Continuation School. -3- June 11, 1984 Mayor'Leeuwenburgh said that members of the audience would be permitted to speak in favor of or in opposition to any portion of the application, and she asked that questions and -testimony be addressed to the Chair, and she asked that presentations be made in a short._, time span, and she invited comment on aspects which had not been ,ad- dressed previously. Councilman Heinsheimer said he had read the draft of minutes... of the Special Meeting of the Planning Commission on May 31, 1984,. in which the matter of land use was addressed, and it was his impres- sion that the minutes conveyed a negative tone. He said residents: present at the City Council meeting should be encouraged to consider the larger context of the responsibility of the City Council and. -the residents,of the City to the applicants and to public education.in general. Mayor Leeuwenburgh reviewed the history of the Conditional.Use Permit for the La Cresta School, noting that Zoning Case No. 2 was_ approved in 1960 and a Variance and CUP were issued for 32+ acres.. for an elementary.school, administration office and a maintenance) building. In 1961 the -School District unified and in July, 1962, specifications were published for a new access and for construction. of the District's Administration Headquarters. In December, 1963 . Zoning Case No. 24, a request for a CUP by Palos Verdes Peninsula...., Unified School District for construction of an elementary school, administration facilities and bus maintenance facilities on the 32+, acres was denied. In February, 1964, Zoning.Case' No. 30, a C.U.P. for the administration building, educational material and library facility, a warehouse 80 x 200 feet, district maintenance building . and an elementary school.building was granted: In April 1964, Zoning Case No. 43, a request for a C.U.P. for ,construction of an administration building, District maintenance building and an elementary school building was submitted, and the bus maintenance_. facility was denied. La Cresta Elementary School opened in Sep- tember, 1965.;. In September 1980, Zoning Case No. 257, a C.U.P. was approved for 6peration of an adult education program on the La Cresta School -site by Harbor College. The City Manager reported that at a special meeting on May 31, 1984 an application by the School Board for a Variance and Conditional Use Permit for Adult Education Programs at the La Cresta School site was denied on a vote of 3/1,;,. and an application for a Variance and Conditional Use Permit for a Continuation School at the La Cresta School Site was denied on a vote of 4/0; both applications were heard as Zoning Case No. 297. The . School Board subsequently appealed the decision of the Planning Com- mission in a letter from.Dr. Jack Price, Superintendent of Schools,; to the City Council. Y . ,... Mr. Michael Jenkins, City Attorney, advised that the case would be heard de novo, meaning that any and all evidence will be considered, by the City Council, both in favor of and in opposition to the request; in addition to the record of the hearing before the Planning Commission, and he said notice of the hearing was given to all residents of Rolling Hills, as well as to residents of properties in Rancho Palos Veides, surrounding the School District property. Councilman Pernell asked whether the requests would be separated, or whether the request for use of the site for adult education classes and for a continuation school would be heard together'. Ms. Rose.tach- man, president of the Board of Education, asked that they be.heard._ together. The Manager reported that additional letters had been received. as follows: a letter dated June 1, 1984 from Suzanne Hines, 73 East- field Drive, amending a statement .contained in a letter submitted,1for the May 31 hearing; a letter dated June 4, 1984 from two residents.of the City of Rancho Palos Verdes, urging that Harbor College be granted mi a Conditional Use Pert and Variance; a letter dated June 7, 1984: from Richard and Sophia Henke, 7 Crest Road West; a letter dated..;,;'. June 9, 1984 from Betty Jane Feister, 5 Buckboard Trail and a_let+:.er dated June 11, 1984 from Edward and Sally Swart, 2 Meadowlark Lane,. all three urging that the Planning Commission's decision made.on,May 15, 1984. b.e upheld. -4- 43 June 11, 1984 Martin Dodell, vice president of the Board of Education, asked on behalf of the Board that the City Council reconsider the requests made to the Planning Commission for use of the La Cresta site. With regard to the continuation school, Mr. Dodell said the Board is aware of the concerns expressed by homeowners, and said he wished to assure the Council that it is the intent of the Board to be good neighbors. He said the Board has been told on a number of times that plans for a continuation school could .and should be deferred for a year until a permanent site is available, but the Board finds it difficult to turn its back on the needs of continuation students until the Margate site is available at the end of the 1984-85 school year. There is dissatis- faction with the performance of the current program, which presents a distraction to the regular program at the three schools, and by siting the program in one place it is hoped that the objective of bringing continuation school students back into the mainstream can be accomp- lished, Mr. Dodell said. He said the Board is sensitive to the com- munity, and is willing to close the gate.access to Rolling Hills, and to -assure that automobiles would not find access to the roads by .separating the site from the city. Mr. Dodell said continuation school (D is not a dead end, neither is it a parking spot for troublesome children; he said.it is an opportunity to help students who have special needs and benefit from the one-on-one relationship that the school can prom vide. Mr. Dodell urged that the City Council consider the needs of the LL students and have confidence that the School Board and its staff would m do everything possible to -make the program compatible with Rolling Q Hills. With regard to use of the site by Harbor College, Mr. Dodell said the college has used the site for several years, and to his knowledge there have not been any concerns nor complaints resulting from the use. He said that at the Planning Commission hearing there was voiced support for the program. Mr. Dodell said there seemed to be a mistaken belief that denial of a permit to use the site for the college.program would encourage the School Board to vacate the site sooner, but he said the plans are not a function of what the Board -would like to do; but are a function of what they hope can be accom- plished within a limited time. Harbor College provides a service to the -'citizens of Rolling Hills, as well as to residents of the larger Peninsula community, he said, and itis his feeling that'it should be -retained. Ms. Rose Lachman, president of the Board of Education, said that access to the school site is outside of the gates, and the Board will cooperate.with the City.and the City Council with regard to hours of operation, limitation of activities and other sensitive areas, and would be willing to agree to any stipulation included in a Conditional Use Permit as a condition of approval. She invited questions from residents regarding administration of the school. Mr. Jim Brogdon, 5 Maverick Lane, said there has been concern among residents about the impact of a continuation school on the neighbors, and he asked a representative of the Board to comment on the impact on residents. in other areas who have had continutation.. schools nearby. Ms: Lachman said she can speak from personal exper- ience, stating that she lives approximately 1 1/2 blocks from the Mar Vista site, and there was no additional vandalism or other problems in the residential neighborhood that could be connected with the school. Mr. Joe 011a, 41 Crest Road West, asked for clarification of..; the School District's ability to overrule the decision of the City Council, stating that it is his understanding that if the Council approved the request with stipulations the Board would be required. to abide by the decision and comply with -the stipulations, but if the application for permit is denied the Board can overrule the Council by a 2/3 vote.of members of.the School Board. Further, Mr. 011a said that every weekend there are numerous cars without resi- dent stickers parked along Crest Road West, and he said the facili- ties at the La Cresta School site are supposed to be closed on week ends`;' but are being used -by non-residents. Mayor Leeuwenburgh"asked the City Attorney to respond to the question about overruling the City's action. -5- 44 June 11, 1984 Mr. Jenkins explained.that the Government Code does provide for the School Board to overrule the City with regard to land use restric- tions by a 2/3 vote of the Board; further, he said that if the City ` did approve the request for a Conditional Use Permit, and the Board accepted conditions imposed by the City, the Board would be required to comply with the conditions of approval. In the event the requelst is approved and conditions are attached, Mr. Jenkins said the School Board, as applicant, would be required to sign a document stating- . ­ their their acceptance of the conditions. Ms. Lachman said the School, - Board is aware that they have the right to the 2/3 vote to overrule the City, but if forced to use that power it is less likely that the areas of communication would remain as open as they now are.,. She said the School Board wishes to cooperate with the City and.will work with the City on some of the restrictions; she said she does:. not know how willing the School Board would be if forced to go to a vote to overrule a decision. Councilman Pernell asked that the parameters of the request . be delineated with regard to the number of students who would us.e —, the school, the number of.cars,.hours of operation, stating that,.. it is his understanding that as stated in the appeal filed the con- tinuation school would start with six.class'rooms, a full time principal, six teachers, a8 of a counsellor, hours of operation. to be normal school hours, and the maximum anticipated attendance..:: would be 80 students. during the coming year. Councilman Pernell.;,: asked how many total students are in the separate continuation schools now, how many are involuntary transfers, and how many are residents of Rolling Hills. Mr. Kelly Johnson, principal of the continuation school, said there are currently 94 students in the:;. : continuations schools, with 53 at the Rolling Hills campus, all,.,±j, of whom are voluntary transfers, and Mr. Johnson said it is•his belief that at least 95% of the students at the.new continuation-,,-,.- school ontinuation;school would also be voluntary transfers who lack credit, work r... part time, or who are trying to catch up. He said the intent is= ­ not to isolate these students, but to establish a site that would enable them to get back into the mainstream by graduating, going to work, or by going.back to regular classes. With regard to,the.: number of continuation students from Rolling Hills, Mr. Johnson,!,,", said he is not sure of the number, but there may be one student,— ,,.7t,,-,-Councilman Pernell asked why the number will decline from the current "94 to the projected 80, and Mr. Johnson said some of the,:;:.. current students will graduate or go to work at the end of this.. school year: Councilwoman Swanson asked why La Cresta was chosen as the,g,..„° recommended site, and she asked that the Council be advised about t consideration of alternate sites. Dr. Jack Price, Superintenden.t�.e• of Schools, explained that the School Board explored alternate sites, both in the district and district -owned facilities, such as Pedregal School, which is fully leased and which provides a-,:,.!. revenues to the district., and the Nike site, which has recently, ­A' been vacated'and the special education offices.have been moved.j, to the Valmonte District Office. After considering all available,+:-, sites, it was determined -that La Cresta would require minimum. ..,r. alterations, since it has been maintained by use by Harbor College, it would provide the best site educationally for the type of students who would use it, and the continuation school could move in at.a,low cost. Councilwoman Swanson asked why it is so important that continu- ation students have their own school, rather than continuing to share campus facilities with the other high schools. Dr. Price said there are two aspects to be considered; from an educational aspect, abetter education program can be provided -for continuing education students in. a separate location, and administratively, a separate facility is, -;re- quired for funding, based'on a State mandate for teacher/pupil ratio. Mrs. Kak McKinnie, 3 E1 Concho Lane, asked what the main object- ive is in providing continuing education. Dr. Price explained that California State law requires education until age 18 unless graduation takes place, so while some of the continuation school students.arg; behind in credits and may eventually re-enter the mainstream high school classes, others are working full time and must attend;:-, school classes for three hours a week to comply with the.law;z-:and,. 45 June 11, 1984 graduate from continuation school. As a former principal of a con- tinuation school in Vista, California Dr: Price said he has witnessed the results he is hoping for locally,.saying that the school which was graduating fewer than 20 students each year increased the number of continuation school.graduates to 46 after they moved into a build- ing in a residential area whose residents felt many of the.same'con- cerns expressed by residents of Rolling Hills, and there was no in- crease in vandalism in the area. Mrs. Gladys Black, 36 Saddleback Road, asked who owns the land. She was advised that the property is owned by the School District,.is within the boundaries of the City of Rolling Hills, but is not under the'.jurisdiction of the Rolling Hills Community Association. Mayor Leeuwenburgh said that in preparation for the meeting she listened to the tape of the Planning Commission hearing, and noted. that Mr. Johnson said that last year there were two graduates from Rolling Hills High School out of a class.of approximately 70, and. (D she asked how many continuation students graduated from Miraleste and Palos Verdes High School continuation classes. Mr. John (J) Knickerbocker said the percentage of graduates was.approximately the same for each of the three high schools. He explained that U- continuation students must pass a high school proficiency test to m graduate, or they can leave at age 18. a Councilman Pernell said the application for permit projects 80 students, there are now 94 students in the program, and he asked whether a more-attractive..school setting would not attract more students into -the program, -.stating -that if the'permit was granted for 80 students and more than that number applied, it would again be necessary to have students at separate sites. Mr. Johnson said students have certain -reservations in the beginning about a school on a new site, and he considers 80 a realistic figure for one year. Mr. S. D: Weiman, 29 Crest Road West, asked that the Council consider the requests separately, saying that he has attended classes at Harbor College and considers them beneficial to the community, and people at the Planning Commission -hearing stated. that the facility is better as it is now used, rather than being vacated by denial of a permit to Harbor College. With regard to a continuation school on the.site, Mr..Weiman said security, the absence of fear, lack of threats to well being are among the . reasons he and his family moved to the community, and he said he has heard members of.the School Board offer to turn the facility into a maximum security situation with gates and personnel,on the site at all times students are present, and he said the fact that, a potential threat exists and is acknowledged is inconsistent with the type of use in the community. Mr. Weiman said he and his wife, live on Crest Road and walk along Crest Road, .and he said the con- cerns expressed at the.Planning Commission meeting were directed. at the age category, rather than at the continuation school, and,. -he, said it is his opinion that high school students and a continuation school facility do not fit in Rolling Hills. In response to a.ques- tion by Councilman Pernel.l about use of the site by adults attending Harbor College classes, Mr. Weiman said the fact that so may resi- dents of Rolling Hills attend Harbor College demonstrates that the use is not incompatible. , Miss Lynn Ellery, 9 Crest Road [Jest, said her property is directly across from the School District property, and she has not,: been bothered,by use of the school site by Harbor College, but she., is'concerned about the possibility of a continuation school at that. location. She asked what about supervision or activities before or after school hours. Mr. Johnson said most students would arrive -at°8:00 a.m. and the majority would leave at 1.:42 p.m., with all students dismissed by 2:42 p.m. He would be there from 7.:00 a.m. to -5:00 p.m. and there is no anticipated use of the school after school or during evening hours. Miss Ellery said she is concerned about students entering at other gates and driving through.the coimnunity.- Mr.. Johnson said he is sympathetic with her concerns, - but -considers control of entrances the responsibility of the. - present security system. -7- 46 June 11, 1984 Mr. Marc Kamen, 5.Johns Canyon Road, said he has a daughter who attends Miraleste High School where there are 11 continuation school students, and he knows that they present a constant problem by smoking behind the library... He said he is.concerned about continuation stu- dents at the to Cresta School site wandering away from the school'to smoke and drop matches. Mr. Kamen said that the application has been made for a continuation school at La Cresta for one year, and in back- ground information pertainingto location of the school, it is stated that: "a disadvantage of locating a continuation program at Pedr.egal, even for one year, is:the strong res-idential.orientation and the ' initial neighborhood opposition that could be expected to develop as a result of any such decision", and he asked if it is any different in Rolling Hills. Mr. Kamen said he agrees that people moved to Rolling Hills for security.and the gate system, and he said that to approve a continuation school at the La Cresta site would openrthe city and make it vulnerable. He said the zoning permits a school K -.8, and to bring any students of high school age who.drive cars, who have different needs and wants, and would find a way to get in ' through the gates would be a problem. He said if there are prob- lems in re-locating.the school at Margate, it is probable that the school, once at La Cr..esta,.would remain there. Mr.. Kamen said he has heard about the School Board's ability to overrule the City's decision, and he said there are legal ways for the City and .for� residents to -block that; and if necessary, he would take the action personally. At the request of the Mayor, the City Attorney said there is a case that has come down to the appellate court level that upheld the decision of a school district whose board, bya 2/3 vote, over- rode the municipality in its decision to deny a C.U.P. request for a continuation school in its community, stating that it .was in East Santa Clara. Mr. Jenkins said the school district had requested'a C.U.P. in order to operate the facility in a school building that - was not being used, the city denied the use, and the school board - voted by 2/3 to -override the denial. The city challenged the vote in court and lost, Mr. Jenkins said. Mr. Kamen asked why students in continuation classes are separ- ated from regular -high-school students on campus; asking whether` it was because they presented a destructive force to the other. students: Mr. Kamen said that if they present a destructive force among their peers, it would be intensified by combining more of the same type of student in one location. Mr. Kamen said it is his opinion that=Mr. Johnson wants to be principal of a separate continuation school: •and the School Board sees an opportunity to obtain additional funding; he said he does not want.the continuation school in the community and will do everything he. can to keep it out of Rolling Hills because of the potential for disrupting his life. Councilman Pernell asked Mr. Kamen if his remarks are directed at the continuation school only. Mr. Kamen said he is supportive of Harbor College classes at thd'site. Councilman Pernell asked school district representatives whether there is any difference in revenue to the district between funding for an individual site or at different sites. Dr. Price said there is a difference in setting up the program, explaining that the;cost to the district would be reduced from $80,000 to $30,000. He said the district would receive approximately $100,000 the first year; and that particular type of education is provided, using a formula set up by the State for the following years.. Dr. Price said the' special needs of continuation school students can be met at a lower cost to the taxpayers. _ Councilwoman Murdock asked Dr. Price whether a continuatiori�`= school is required to be physically separated from a regular higli•° school, and whether it has .to be located on a separate site in order to qualify for funding. Dr. Price said a separate continuation school can be 'set-up on the .same site with another school, but in nearly every case where this has been done it has not worked, be- cause the continuation students do not get an identity of tleir'-'own, and there are distractions on both sides. Councilwoman Murdock`'-' id it appears the funding would be available for the one year nee - e'' --until a permanent site is available at Margate. Dr. Price said the 4'7 June 11, 1984 continuation school was operated at Mar Vista until 1978,. when it was abandoned not only because of lack of funding, but because of inade quacies in the program. He said successful continuation schools are on sites away from other high schools, and he,said continuation school students deserve that opportunity. He said they will not have the opportunity to succeed if they are located on a site with another .school where they don't have a separate identity. Councilwoman Murdock asked whether the program at Mar Vista was similar to the program that is being proposed at a separate site. Mr. Price said it was not, stating that the comparison will not be between the programs, but will be in comparison with separate continuation schools. Mr. William King, 92 Crest Road East, asked whether the School Board could overrule a negative decision by the City Council if the Council granted a C.U.P. for operation of Harbor College, but denied. a C.U.P. for operation of a continuation school.. Mr. Jenkins said the School Board could, by a 2/3 vote, overrule the Council's denial of a'C.U.P. for continuation school. Councilman Pernell said it is his understanding that the reverse is not true, since continuation. (� school is a normal School -,Board function, but Harbor College is not. LO Mayor Leeuwenburgh asked the City Attorney whether the School Board could still overrule the City if a C.U.P. was granted.for a. LL one year period and.after that. year passed the Council decided not m to renew the permit. Mr. Jenkins said he is not aware of any limit- ation on the School District's ability. Dr. Larry Amberg, 1 Buggy Whip Drive, said he has two -young - sons who play at La Cresta, and he is concerned about their safety if a continuation school is permitted. He said soccer practice takes place generally after school hours, but children from Rolling Hills use the grounds to ride bicycles and play, and he feels there would be increased traffic that would be hazardous.. In response to a. -..question by Councilman Pernell, Dr. Amberg said he supports use of the site by Harbor College, and there is_no conflict. Chairman Leeuwenburgh asked if there was additional testimony. There being none, she thereafter closed the public hearing, stating that all further comments and deliberation would be by the Council only, as the Board of Zoning Appeal. Councilwoman Murdock said she wished to address a comment by Councilman Heinsheimer regarding the charge to the Planning Commis- sion to protect the City's Zoning Ordinance, asking the City Attorney whether the City Council is any less charged with protecting the integrity of the ordinance. Mr. Jenkins said the City Council is responsible to the same extent as the Planning Commission. He said the Zoning Ordinance contains a provision for Variance for the spe- cific purpose of allowing deviations from the ordinance, and that power is exercised when applicants can.demonstrate adequate facts and circumstances that justify deviating from the requirements of .the ordinance. He said the integrity of the ordinance is only im- paired when deviations are granted when they are not supported by adequate facts and findings. Councilwoman Murdock read the require ments for a variance from. the Municipal Code, and she said the City has been consistent about issuing. -variances for properties in the City, and'it is her opinion that the request for a variance for one year does not comply -with the requirements, and she has reservations about it. Councilman Heinsheimer said the issue before the Council is not whether a continuation school should be in Rolling Hills, but the is- sue,is that the.School Board has made a determination that their pro- perty should be used for such a school, and the question is whether owners of surrounding property are going to work with'the School Board or whether they will create a confrontational situation. Councilman Pernell said it appears that the community has had no problem with operation of Harbor College, and he asked whether, if the permit for Harbor College is extended, can it be on condition that.there would be no continuation school on the site., Mr. -Jenkins -9- MW June 11, 1984 said if that is made a condition of approval, and that condition is accepted by the School Board, essentially, there could not be a con- tinuation school at the site; if the School Board does not accept the C.U.P. with the condition, they could override the Council. He said the Board is not obligated to accept the conditions of approval. Councilman Pernell said he is a freind of the school district, but has heard concerns expressed about the age of students, loitering,,. fire danger, one year time frame, additional noise and pressure. on the gates. Ms. Lachman said the access to the school property is outside of the City, and security is an internal problem. She said the, one year limitation can be stipulated in an agreement. She said, further, supervision should alleviate the fire hazard, and she said a factor of good will is needed to serve all students. Mr. Johnson said' there will be designated smoking areas, loiterers will not be allowed. and the additional noise from Z5.cars will be of short duration; it was his estimate that 30 seconds to. one minute would be required to traverse the road from Crest Road to the school. Councilwoman Swanson said it is very difficult to deal with the issue because there'is a need to look as parents and -citizens at the School Board's problems objectively; at the same time she said she, and other elected officials have an obligation to the community,:.;, She said it is apparent to -Rolling -Hills residents that considerable money has been spent to protect privacy., peace and quiet, and many of the concerns expressed by the residents are justifiable concerns. She said every effort has been made to keep commercial activityrout of the City, and she said she.does not think the City should open the door to a usage which has never been permitted in the past, and which is only temporary. She said she does not think there is a Justifiable reason for the City to approve a usage which is contrary to past usage of the site,.and she would recommend that the Council vote against a continuation school, with no attachment to condit'.ons. She said there is strong support in the community for Harbor College, which is a different level of education and different students, and Councilwoman Swanson said she would support that, since. it is exist- ing. Recent incidents involving _continuation students have been.,.a,- concern, she said. Councilman Heinsheimer said he was appalled by the reference.,to rich people hiding behind -their gates, and he.wished to call to'the Council's attention the concerns expressed with the first application was made by Harbor College for classes at the site, stating that the concern was intensified by the fact that there were night time classes. Now residents are supporting use by Harbor.College. He said the residents of Rolling Hills shoul.d'not create a situation in which they are so insular they approve only things of benefit to themselves. A school for students K-8 was closed -because there were. not enough students, and Harbor College now operates classes which are attended by Rolling Hills residents; Councilman Heinsheimer.said at the moment no residents need a continuation high school, so it appears they, will be kept out of the City; he asked if that .is why the Palos Verdes Unified School District was set up. Councilman Heinsheim.er said Rolling Hills has been part of the Unified School District for twenty years, and should not deny a temporary use for one year, but should work with the School District to resolve any problems, in ` the interest of providing an education for all students in the dis- trict. Mayor Leeuwenburgh said she has served the school district*dur- ing all the years her children were in the schools, including years as PTA president., service on district committees and supported the district totally. She said Rolling Hills has allowed use of thea, school district property in Rolling Hills for uses other communities have not wanted, and the district is still having problems relocating some of those facilities. La Cresta School was well accepted aind-,was a focal point of the community, she said, but if a continuation school is permitted on the..site there will be high schools on both,sides of the City. She said'Miraleste residents have had problems because�of Miraleste High School, and the School has also had problems,. F e -10- 49 June 11, 1984 danger has long been a concern, Mayor Leeuwenburgh said, and residents of Rolling Hills are concerned about security and have formed a Neigh- borhood Watch program. She said she considers it unfair to expect a small city the size of Rolling Hills to have a high school on either side of the city, and because the application is for a use which is not compatible with the city'.s Zoning Ordinance, she does not think it should be approved. Councilman Pernell suggested that the residents who have attended the Public Hearing consider .getting together to discuss whether there are any conditions which would make the requested useaccept- able, stating that he has mixed feelings based on past loyalties and, present loyalties, but at the moment he would feel that he would vote againsta continuation school. Councilman Heinsheimer asked whether the Council will vote on the combined usage, or whether there will be separate votes on the applications for use by Harbor College and for a continuation school. Councilman Pernell said he would like to vote on separate questions; (D Councilwoman. Swanson agreed, and the Mayor said they would be separ- ated: Councilwoman Murdock said she did not think there is a differ- entiation between the two, based on compatibility with -.the Zoning Ordinance. The City Attorney said the City Council is obligated to �- support the Zoning Ordinance, the same as the Planning Commission is m and he agreed that it difficult to differentiate between the two ap- plications now before..the Council, except that some of the findings. between the two uses would be different. Councilman Pernell said.a. demonstrated use,by Harbor College with.no problems could be found to be consistent. Councilwoman Swanson asked whether the City Council, acting as .Board of Zoning Appeal, would vote on the applications or on the decision of:the Planning -Commission which is being appealed. The. City Attorney said they are essentially the same, and the vote would be on a motion by the Council. Councilman Heinsheimer moved that the.City Council approve a request by the Palos Verdes Peninsula Unified School District for a Conditional Use Permit and Variance for Harbor College, with the same findings and conditions which were attached to the original approval. The motion was seconded by Councilman Pernell and carried. by the following roll call vote. AYES: Councilmembers Heinsheimer, Pernell, Murdock, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None Mayor Leeuwenburgh asked that findings be prepared for present- ation at the next Council meeting. The City -Attorney said staff findings would be prepared in resolution form. Councilman Heinsheimer moved that the application by the School Board fora Conditional Use Permit and Variance for a continuation school at the La Cresta site be approved with findings the same as for Harbor College, and with additional findings that, given the advice of legal counsel, and given the advice of the intention of - the School Board that it would be in the public interest to work -cooperatively with the School Board on the matter for a one year period, and that it would not be in the public interest to shut out the discussions and negotiations with the -School Board on conditions, and,that'it is a further finding that the conditions that have been imposed or'that could.be imposed by the --City would- not ouldnot exist, and there would be no limitation on use by those con- -dlcions if the City did not take action; that is, that the ultimate :jise by the School Board would not be limited by any of the City's .findings, by any limitations or any regulations, and as such it is definitely in the interest of the City to apply those conditions and limitations. Councilman Heinsheimer said he moved approval of -11- 50 June 11, 1984 the recommendation with the conditions that have been negotiated by the City. To clarify the intent of his motion, Councilman Heinsheimer said the Council wanted findings, and the basic find- ing is that there are limitations if the City.goes with the approval, and there are no limitations if they don't. He restated the motion, separating it from the findings, and moved that the Council approve the recommendation of the School Board, the applicant in the appeal. Councilman Pernell asked whether, if the motion was defeated, the appeal would be denied... The City Attorney advised the City Council that if it is the intention*of the Council to deny the application, procedurally it is preferable to vote to deny. He recommended that the motion not be seconded and a new motion presented, if that. is. the Council's intent. Councilman Heinsheimer's motion died for lack of 'a second. Councilwoman Swanson moved that'the City Council deny the application for a continuation school at the La Cresta site. Councilman Pernell seconded the motion, with findings to be prepared by staff and presented at the next meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Swanson Mayor Leeuwenburgh NOES C-ou.ncilman.Heinsheimer . ABSENT: None The meeting of the Board. of Zoning Adjustment was adjourned and the meeting was recessed*at 10:00 P.M. MEETING RECONVENED Mayor Leeuwenburgh reconvened the meeting at 10:10 P.M. FLYING TRIANGLE�UPDATE 750/2 The City Manager distributed copies of a letter from Mayor Jacki Bacharach of the City of Rancho Palos Verdes dated June 16, 1984. Mayor Bacharach advised that it appears there is a landslide in Paintbrush Canyon that involves property in both Rancho Palos Verdes and Rolling Hills, and she suggested that it would be ap.-. propriate to have a meeting of the Landslide Committees of each City Council to discuss the nature and.extent of the problem to see if a common approach can be developed. Mayor Bacharach said Councilmen Melvin Hughes and Douglas.Hinchliffe constitute the Landslide Committe for Rancho Palos Verdes, and suggested that they be contacted directly if the Rolling Hills City Council feels that a meeting is appropriate. Mayor Leeuwenburgh said that she, Councilwoman.Murdock, Dr. David Bray and Lowell Lusk, representing the Board of Directors of the Rolling Hills Community Association, had met with Council- men Hughes and Hinchliffe, walked the landslide area and discussed possible solutions, alternatives and sharing of information, and it was agreed that Ron Florance, Mayor of Palos Verdes Estates, should be invited to participate in a three -city geology committee. MATTERS FROM THE CITY ATTORNEY REQUEST FOR CLOSED SESSION 760. The City Attorney advised that matter concerning pending litigation the regular meeting. MATTERS FROM THE CITY COUNCIL ELECTION TO LAFCO he wished to discuss a brief ata closed session after Councilman Hei.nsheilher reported that Rolling Hills Estates Mayor Nell Mirels was unanimously elected the alternate to LAFCO at a meeting of the League of California Cities. -12- June 11, 1984 PROPOSED JARVIS INITIATIVE -51 Mayor Leeuwenburgh said there is an excellent article in the current issue of Western Cities magazine about the proposed Jarvis legislation, and the potential impact on cities, including Rolling Hills, and she urged that -members -of the Council read the article. COMMITTEE ASSIGNMENTS r Committee assignments for City Council members for the current year were distributed and the Mayor asked for comments. Councilwoman Swanson said there can be two delegates to South Bay Cities, and she asked that she be named delegate also. .-The Mayor so. ordered. RECESS TO CLOSED. SESSION Mayor Leeuwenburgh recessed the meeting at 10:00 P.M. to a closed session to discuss pending litigation. MEETING ADJOURNED Lei The meeting was reconvened and was immediately adjourned at G 10:50 P.M. to the next regular meeting on Monday, June 25, 1984. LL m � City Clerk APPROVED: Mayor -13=