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CC MINS 20090912 ADJ MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING SEPTEMBER 12, 2009 The meeting was called to order at 9:08 A.M. by Mayor Pro Tern Wolowicz at the Peninsula Montessori School Auditorium, 31100 Hawthorne Boulevard, notice having been given with affidavit on file. City Council roll call was answered as follows: PRESENT: Dyda, Long, Stern, and Mayor Pro Tern Wolowicz ABSENT: Mayor Clark (excused/recused) Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Joel Rojas, Director of Community Development; Ara Mihranian, Principal Planner; Carla Morreale, City Clerk; and Teresa Takaoka, Deputy City Clerk. Also present was Jeff Lewis, Chair of the Planning Commission. FLAG SALUTE: The Flag Salute was led by City Manager Lehr. APPROVAL OF AGENDA Councilman Stern moved, seconded by Councilman Dyda, to approve the agenda as presented. Without objection, Mayor Pro Tern Wolowicz so ordered. PUBLIC COMMENTS: None. NEW BUSINESS: PUBLIC HEARINGS: Appeal of the Planning Commission's Conditional Approval of the Marymount College Facilities Expansion Project: Conditional Use Permit No. 9 — Revision "E," Grading Permit, Variance, Minor Exception Permit, Master Sign Permit and Environmental Assessment (Case No. ZON2003-00317) - 30800 Palos Verdes Drive East [Continued from August 18, 2009] (1203) City Council Minutes September 12, 2009 Page 1 of 5 City Clerk Morreale reported that this public hearing was continued from August 18, 2009. Mayor Pro Tem Wolowicz reported on a recent announcement from Marymount College representatives regarding conditional approval from a governing accreditation agency for the college to offer baccalaureate degrees and requested that City Attorney Lynch provide information to the Council and public regarding the matter. City Attorney Lynch reported that the City of Rancho Palos Verdes first heard of the issue on September 4, 2009, at which time staff engaged Marymount College representatives in discussions with the applicant's attorney. She reported that the difficulty with the present situation was that the City of Rancho Palos Verdes staff does not have a clear picture of what the environmental ramifications would be with the modification of Marymount College from a two-year to four-year institution regarding traffic impacts. She noted that it would be required by California Environmental Quality Act (CEQA) to have further analysis of the issue so that the Council would understand the environmental ramifications and mitigation measures if any. She suggested possible processing alternatives at this point to allow additional information to be evaluated regarding the potential issues that have been raised recently. Council discussion ensued regarding the need for further environmental review with a possible re vision to the Environmental Impact Report (EIR) to analyze the impacts that may exist as a result of the recent news that Marymount College is planning to expand from a two-year to four-year institution; the fact that California Environmental Quality Act (CEQA) does not allow the project to be broken up into smaller pieces; issues that should be addressed in the project EIR such as remedial grading. Dr. Michael Brophy, Marymount College, stated that Marymount College would address questions regarding the entitlement and the baccalaureate program and introduced Don Davis, counsel for Marymount College. Don Davis, counsel for Marymount College, Burke, Williams & Sorensen, stated that he believed there was a misunderstanding of the CEQA process, which is to review the environmental impacts of a project. He stated that Marymount College was not seeking approval of the baccalaureate program as that program was not part of the original application or part of the application at any of the critical points of approval in the process. He noted that CEQA allows for changes, addendums, and the issuance of mitigated negative declarations, if necessary, regarding a project once it is approved. Discussion ensued between Council, staff, and the applicant regarding possible further EIR studies and analysis regarding the probable expansion of the College to a four-year program in the reasonably foreseeable future; traffic analysis based on the Junior College student rate versus the facility rate; remedial grading; location of the sports field; athletic building/gymnasium and parking; and, the hours of operation for the college. City Council Minutes September 12, 2009 Page 2 of 5 Dr. Brophy stated that Marymount College has received much support from the public regarding the proposed four-year baccalaureate degree especially since the College has been offering baccalaureate and Master's degrees for a decade through the Weekend College program. He commented on the College's Summer International School Program; the numerous delays in the approval process; and, the College's cooperation at every step in the process. He reported that the Board of Directors first authorized the College to seek information regarding the possibility of the baccalaureate degree in June 2009 RECESS AND RECONVENE: Mayor Pro Tern Wolowicz called a brief recess from 10:13 A.M. to 10:23 A.M. Director of Community Development Rojas provided a preliminary timeline based on the Council discussion and outlined the following steps: to obtain information from Marymount College regarding the proposed baccalaureate program, the revision of the EIR focused only on this topic, and the recirculation of the EIR, which he estimated would be ready to return in February 2010 to either the Planning Commission or the City Council. Douglas Carstens, counsel for Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Chatten-Brown & Carstens, Santa Monica, stated that CCC/ME desires the item to be remanded to the Planning Commission with instructions regarding the athletic building, the athletic field, remedial grading and drainage, the extended construction schedule of eight years, and the hours of operation of the college. He also noted issues related to parking, traffic, and the size of the parcel in relation to the use of the property as a four-year college. Lois Karp, Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Rancho Palos Verdes, spoke in opposition to the project and noted that the EIR as presented cannot be certified in light of the recently announced proposal to change the college to a four-year program. She noted that CEQA requires that all foreseeable aspects of the project should be studied. She stated that additional EIR studies should be made to address the following issues: traffic, hours of operation, crime statistics, remedial grading and related landscaping changes, drainage, and the construction schedule of eight years. Council, appellant, and applicant discussion ensued on the possibility of the Marymount College project being remanded to staff and then brought back to Council instead of the Planning Commission. Jeff Lewis, Chair, Planning Commission, stated that he was in favor of the item being brought back to the Council and noted that the EIR certified by the Planning Commission was no longer valid since the announced proposal to change the college City Council Minutes September 12, 2009 Page 3 of 5 from a two-year to four-year institution. He observed that the announcement by Marymount College may operate in the school's favor. Mr. Davis stated that Marymount College desired that any of the facility-related issues be raised at this meeting in order to avoid a second remand of the project. Ms. Karp stated that there should be a limit on the items discussed at this meeting. George Zugsmith, Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Rancho Palos Verdes, spoke in opposition to the project and inquired as to the issues that would be able to be discussed as a result of the issuance of the EIR. Kenneth Goldman, El Prado Homeowners Association, Rancho Palos Verdes, spoke in opposition to the project. He opined that the existing athletic field and tennis courts should be retained, and the expansion of the project restricted to the proposed building additions, excluding the dormitories, which would result in a 67% reduction in grading, improved air quality, less noise, sufficient site parking for the college, and a shortened construction period. Grace Maholepsay, Rancho Palos Verdes, spoke in opposition to the project noting traffic concerns with the use of the athletic field, which could bring in large crowds. Jim Gordon, Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Rancho Palos Verdes, spoke in opposition to the project noting the errors and omissions regarding the project including the actual amount of grading, geologic hazard issues, and drainage issues. Laura McSherry, Rancho Palos Verdes, spoke in opposition to the projects based on concerns regarding hydrology and geology. Mike DeNardo, Rancho Palos Verdes, spoke in opposition to the project based on concerns regarding drainage and the retaining wall which is adjacent to his property. Franklin Melton, Rancho Palos Verdes, spoke in opposition to the project with concerns regarding access and traffic during emergencies such as the recent wildfire. RECESS AND RECONVENE: Mayor Pro Tem Wolowicz called a lunch recess from 11:58 A.M. to 12:41 P.M. Cliff Van Wagner, Rancho Palos Verdes, spoke in opposition to the project noting concerns with the proposed change to a four-year college and possible on-campus dormitories. He endorsed the Council's consideration to remand the project back for further studies. City Council Minutes September 12, 2009 Page 4 of 5 Terri Glidden, Rancho Palos Verdes, spoke in favor of the project noting that Marymount College has been a positive force in the community and has served the community beyond its student body. Ms. Karp stated that CCC/ME was never against Marymount College and that their only objectives were to minimize the impact that the college may have on the residents who live nearby and to request that the size of the site be used appropriately. Council discussion ensued regarding an alternate location for the athletic field as being one of the aspects of the project to be examined and the appropriateness of the future meeting to be an appeal hearing. Councilman Long moved, seconded by Councilman Stern, to remand the item back to staff with further environmental studies to address the following two issues: 1) The affect, if any, that the proposed four-year college program would have on each component of the Environmental Impact Report (EIR); and, 2) The examination of all of the appropriate environmental impacts related to the alternative location for the athletic field, as recommended by staff. The public hearing was continued to a date uncertain, but will be brought back to Council expeditiously, with a 45-day public comment period on the new EIR analysis, as recommended by staff. The motion passed on the following roll call vote: AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz NOES: None ABSENT: Clark ADJOURNMENT: At 1:07 P.M., Mayor Pro Tern Wolowicz adjourned the meeting to Tuesday, September 15, 2009 at 6:00 P.M. for an Adjourned Regular Meeting to conduct interviews for the Finance Advisory Committee. .yor Attest: City Clerk W:\City Council Minutes\2009\20090912 CC MINS ADJ MTG.doc City Council Minutes September 12, 2009 Page 5 of 5