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11/8/1999MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 8,1999 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Lay, Murdock, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Lola Ungar, Planning Director. Marilyn L. Kern, Deputy City Clerk. 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 - (1) Regular Meeting of October 25, 1999; (2) Adjourned Regular Meeting of October 27, 1999. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Notice from Southern California Gas Company regarding a revised proposed rate increase, Application No. 99-05-005, filed with the Public Utilities Commission. RECOMMENDATION: Received and file. d. Status report regarding the City's participation in the November meeting of the California Contract Cities Association. RECOMMENDATION: Receive and file/approve as presented. e. Correspondence regarding Rolling Hills' continued participation with the Peninsula Cities' for a Household Hazardous Waste Collection Program Grant. RECOMMENDATION: Approve as presented. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Murdock seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS 1\rom PUBLIC HEARINGS -Continued ZONING CASE NO. 595 AN APPEAL OF A PLANNING COMMISSION APPROVED REQUEST FOR A CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION OF A PROPOSED SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 27 MIDDLERIDGE ROAD SOUTH (LOT 248 -B -2 -UR), ROLLING HILLS, CA. MR. AND MRS. DON SLAUGHT, 27 MIDDLERIDGE LANE SOUTH. Mayor Heinsheimer excused himself from the proceedings. City Manager Nealis presented the staff report providing background regarding Zoning Case No. 595 and the appeal of the Planning Commission's approval of the proposed project. He reported that an amended plan was presented to staff on Friday afternoon after the agenda materials were finalized. He stated that the revised plan depicts a reconfiguration of the sports court which revises the total Minutes City Council Meeting 11/08/99 -1- square footage of the court to 3,000 sq. ft, and a proposed location for a future stable and corral with a 25% maximum access grade to that location. Mayor Pro Tem Pernell opened the continued public hearing and called for testimony. Mr. John Resich, appellants' representative, reviewed the concerns raised by Mr. and Mrs. Johnson at previous public hearings regarding landscaping, soil stability, view impact and noise that would be generated from the proposed sports court and their negative effect on Mr. and Mrs. Johnsons property value. He also reviewed the materials provided to the Planning Commission and City Council that were presented to support their concerns. He presented a letter to the City Council from Mr. Johnson dated November 8, 1999 in which Mr. Johnson comments on the public hearing process, his concerns for the project and his response to previous testimony before the City Council. Mr. Resich commented on the revised plan and expressed the Johnsons' concern regarding the proximity of the court to the side of the slope, its proximity to the septic tank on the Slaught property and the asphalt area adjacent to the proposed court. Mr. Resich also presented a letter from Keith W. Ehlert and David Longstreth, Consulting Engineering Geologists, regarding geologic conditions regarding the stability of slopes descending from the pad at the rear of the Slaught property. Mr. Resich stated that he feels that there are other areas on the Slaught property where a sports court may be placed. Mr. Don Slaught, applicant, reviewed the various plans, reports and letters that he had provided to the Planning Commission and the City Council to support his application. He indicated that he feels that the arguments presented by Mr. Johnson regarding certain aspects of his application are not substantiated. He stated that he feels that the proposed sports court meets all of the requirements of the City. In response to Mayor Pro Tem Pernell, Mr. Slaught explained the growth rate of certain trees and shrubs that are planned to screen the court. In support of his comments, he provided the City Council with a copy of a memorandum from a Landscape Consultant as well as information on his proposed landscaping material from certain periodicals relative to the type, drought tolerance, growth rates and ability to buffer noise. He stated that the revised plan provides for easier and faster growth rate of the vegetation to screen the court. He said that this configuration also provides for increased distance between the edge of the court and the edge of the pad. In response to concerns raised by the Johnsons regarding the stability of the pad for the proposed sports court, Mr. Slaught stated that it is his understanding that the site meets the minimum factor of safety required by the County. He stated that he feels that the drainage improvements proposed in conjunction with the proposed sports court will further assist in the stability of the area. In response to Councilmember Pernell, Mr. Slaught stated that he has not conducted an acoustical analysis of noise that may emanate from the proposed sports court. Mr. Dave Longstreth, Mr. Johnson's consulting geologist, provided comments regarding his letter dated November 5, 1999 regarding geologic conditions regarding stability of slopes descending from the pad at the rear of 27 Middleridge Lane South. He commented on an ancient landslide underlying the area of the proposed sports court. Councilmembers discussed the ancient landslide. Councilmember Lay noted that no grading is required for the proposed sports court. In response to Councilmember Lay, Doug McHattie, Bolton Engineering, stated that only scraping and leveling of the knoll on the pad would take place. Mr. Major Langer, applicants' representative, stated that there was no reference to noise in the appellants' letter and expressed concern regarding the number and types of new objections raised by the appellant at each of the public hearings related to this case. City Attorney Jenkins explained that this type of comment is permitted because this is a de novo hearing. Dr. Chris Pauly, 26 Middleridge Lane South, commented on the rural equestrian nature of Rolling Hills and expressed concern regarding noise that may emanate from the proposed sports court. Mrs. Jill Smith, 10 Georgeff Road, expressed concern regarding the impact on horses and riders of the proposed sports court and on the trail that is location in the adjacent canyon. Mrs. Frances Evans, 27326 Sunnyridge Road, Palos Verdes Peninsula, stated that her main concern is the view of the proposed sports court from her property. She provided a copy of a letter to the City Council dated November 8, 1999 in which she outlines her objections to the proposed sports court. In response to Mrs. Evans, Mr. Slaught explained that the court will be screened on all four sides. He explained that he has proposed a sports court because he would like a place for his Minutes City Council Meeting 11/08/99 -2- children and their friends to play for many years. He said that he proposes to place retractable basketball hoops on the court. Mr. Slaught stated that he would agree to placing only one hoop on the court. Councilmembers and those in attendance discussed the screening of the proposed court as well as the proposed court play equipm�i�+isl!I.. Rick Hilliard, applicants' Landscape Consultant, provided information regarding, height and growth rate of the proposed landscape material as well as their effectiveness in screening the court from all directions and any equipment planned for the court. Hearing no further testimony, Mayor Pro Tem Pernell closed the public hearing. Councilmembers discussed the proposed project. Comments were made by Councilmembers regarding the objections raised by the appellant and other neighboring property owners relating to the negative visual and noise impact of the sports court and associated equipment, drainage, landscaping and geologic conditions on the applicants' property. Councilmember Lay stated that he feels that the applicants' modified plan was submitted in an effort to deal with the issue of screening the proposed court from his neighbors view. He also commented on the applicants' wish to have a safe place for his children and their friends to play. He stated that he feels that the existing area on the property where the court is proposed to be constructed is an eyesore. He suggested that if the City Council were inclined to approve this project, that mitigation measures could be included to address the objections and concerns raised by neighboring property owners. Councilmember Murdock commented on the proposed stable and corral area depicted on the plan. She expressed concern that if the sports court is approved, that it would essentially preclude the property from ever becoming a horse property. In response to Councilmember Murdock, Mr. Slaught pointed out on the plan where the proposed stable and corral will be placed and the location of the access to the area. Further discussion ensued regarding the issue of noise emanating from the court and how the proposed landscape would act as a buffer. In response to Councilmembers, Mr. Slaught explained the difference in the elevation of his property and Mr. Johnson's property. He also explained the hours of the day that his children would be playing on the court. Mr. Resich objected to Mr. Slaught's ability to provide further testimony after the public hearing was closed. Mayor Pro Tem Pernell responded that Mr. Slaught was responding to clarifying questions from the City Council. Hearing no further discussion, Mayor Pro Tem Pernell called for a motion. Councilmember Lay moved that the City Council deny the appeal and uphold the Planning Commission approval of a Conditional Use Permit in Zoning Case No. 595, subject to additional conditions relating to the size of the court, landscaping, drainage, existing asphalt modification and the limitation of one basketball hoop, and that staff prepare a resolution memorializing this action. Councilmember Hill seconded the motion which carried by the following roll call vote: AYES: Councilmember Hill, Lay, Murdock and Mayor Pro Tem Pernell. NOES: None. ABSENT: None. ABSTAIN: Mayor Heinsheimer. Mayor Heinsheimer rejoined the meeting. OLD BUSINESS CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE PEDESTRIAN IMPROVEMENT PROJECT TO THE CABALLEROS RIDING RING AND NATIVE PLANT DEMONSTRATION GARDEN. City Manager Nealis presented the staff report providing background regarding the proposed project. In response to Mayor Heinsheimer, City Manager Nealis explained that the Rolling Hills Community Association and Caballeros have been advised of this project and both have expressed support for it. Discussion ensued regarding the components of the project. Councilmember Lay commented on the configuration of the railroad ties and decomposed granite walkway, possible erosion of Minutes City Council Meeting 11/08/99 -3- the walkway and maintenance of the walkway after construction. City Manager Nealis explained that a mandatory pre-bid meeting will be required to bid for this project to ensure that all contractors bidding on the project have an understanding of the scope of the work and that the pathway will have to be maintained. Discussion ensued regarding the steepness of the slope where the walkway is proposed to be constructed. Councilmember Hill explained that the walkway appears to follow the natural trail down to the Caballeros Riding Ring and Native Plant Demonstration Garden. He further expressed that the design of the pathway should serve to minimize maintenance. Mayor Heinsheimer expressed concern for the galvanized steel pipe handrail that is proposed. City Manager Nealis explained that the Wildlife Preservation Committee choose this material because it matches existing material at the riding ring. Mayor Heinsheimer suggested that an alternative material be reviewed by the Committee. Councilmember Hill suggested that the Committee may wish to consider pressure treated posts for the handrail. Hearing no further discussion, Mayor Heinsheimer called for a motion. A motion was made by Councilmember Lay to approve the construction of the project and that the City Manager be authorized to approve on sight change orders to assure that the walkway will be constructed in a manner that will ensure its overall integrity. Councilmember Hill seconded the motion. However, following discussion by the City Council on the handrail component of the project, a suggestion was made by the City Manager and was the consensus of the City Council, for staff to return the handrail component of this project to the Wildlife Preservation Committee for further review and recommendation for a different, more rural material to be specified, and that staff was to return this matter back to the City Council following this consideration and recommendation by the Committee. This item was continued without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. NEW BUSINESS CONSIDERATION OF APPROVAL OF A WILDLIFE PRESERVATION COMMITTEE BIRD AND WILDLIFE DISPLAY/SEMINAR AT THE SOUTH COAST BOTANIC GARDEN. City Manager Nealis presented the staff report providing background regarding the Wildlife Preservation Committee's request for City Council approval to conduct a Bird and Wildlife Display/Seminar at the South Coast Botanic Garden in March, 2000. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Lay moved that the City Council approve the request by the Wildlife Preservation Committee to conduct a Bird and Wildlife Display/Seminar at the South Coast Botanic Garden. Mayor Pro Tem Pernell seconded the motion which carried unanimously. CONSIDERATION OF A REQUEST TO CONDUCT SOILS AND GEOLOGY INVESTIGATION WORK ON CITY OWNED PROPERTY IN THE VICINITY OF 86 SADDLEBACK ROAD. City Manager Nealis presented the staff report outlining the request from the property owners of 86 Saddleback Road to conduct soils and geology investigation work on city owned property adjacent to their property. He reported that the property owners are considering the feasibility of the placement of a driveway access to their property in that area. Discussion ensued regarding the proposed soils and geology investigation work. Councilmembers concurred that they would like to make it clear that approval of this work in no way implies an agreement to transfer ownership of this property to the property owners. Councilmembers indicated that they would like for the property owner to share the reports with the City when they are completed. Mr. Ross Bolton, Bolton Engineer, started that the property owners have considered numerous designs for an accessway to their property and that the plan presented this evening represents the most practical solution. He stated that it is understood that approval of this request in no way implies that the City Council will approve a transfer of this property to the property owners. In response to Councilmembers, Mr. Bolton explained the method that will be used by the geologist to conduct the soils and geology investigation. Councilmembers concurred that any agreement between the property owners at 86 Saddleback Road and the City shall include that the property be returned to its natural state Minutes City Council Meeting 11/08/99 -4- 1 1 following the geological investigation and'that it shall include the signature of both owners of the property. Hearing no further discussion, Mayor Heinsheimer called for a motion. Councilmember Hill moved that the `City Council approve the request to conduct soils and geology investigation work on City owned property in the vicinity of 86 Saddleback Road and that staff be directed to work with the City Attorney's office. to prepare a license agreement to be considered by the City Council at the next regular meeting scheduled for Monday, November 22, 1999. MATTERS FROM MEMBERS OF THE CITY COUNCIL ■ Councilmember Lay reported on his attendance at the recent grand opening of the Norris Pavilion. MATTERS FROM STAFF Following an inquiry from Mayor Pro Tem Pernell, City Manager Nealis reported that the repaving of Crest Road by the Community Association was delayed due to rain and will begin November 9, 1999, and the recaulking of the material between the tennis court playing surfaces, also delayed due to rain, was rescheduled for November 15, 1999. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:57 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday, November 22, 1999, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn L. Keri Deputy City Clerk Mayor Pro Tem Minutes City Council Meeting 11/08/99 -5-