CC SR 20160621 04 - Ladera Linda FieldsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/21/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to review options to address community concerns
regarding possible soil contamination at PVPUSD's Ladera Linda Fields
RECOMMENDED COUNCIL ACTION:
(1) Review options to address community concerns about possible soil
contamination at the Palos Verdes Peninsula Unified School District's Ladera
Linda Fields; and,
(2) Provide direction to Staff for further action, if appropriate.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager;l+.
APPROVED BY: Doug Willmore, City Manager,/'r"�"'
ATTACHED SUPPORTING DOCUMENTS:
A. Government Code Section 53094(b) (page A-1)
B. May 3rd Daily Breeze article regarding PVPUSD's Ladera Linda Fields
(page B-1)
EXECUTIVE SUMMARY:
As requested by the City Council at its meeting on June 6, 2016, Staff presented a
report on the options available to the City to address community concerns about
possible soil contamination at the Palos Verdes Peninsula Unified School District's
(PVPUSD's) Ladera Linda Fields. Due to the broad exemptions from local land use and
zoning regulations that are afforded to school districts under State law, the options that
the City has for exerting meaningful, direct pressure on this issue are limited, short of
initiating litigation. This matter is under investigation by the Department of Toxic
Substances Control (DTSC), the South Coast Air Quality Management District (AQMD)
and other local, State and Federal agencies.
BACKGROUND AND DISCUSSION:
1
In April 2015, Staff began to receive reports from residents in the Ladera Linda and
Seaview neighborhoods about truckloads of dirt being dumped on PVPUSD's Ladera
Linda Fields (sometimes also known the Portuguese Bend Fields). At that time,
residents were advised that, as provided under Government Code Section 53094(b)
(Attachment A), PVPUSD was exempt from the City's land use and zoning regulations.
There was a great deal of speculation amongst residents as to the reason for dumping
the dirt, its origin and whether or not it had been tested for contamination.
In October 2015, Staff was again contacted by Ladera Linda and Seaview residents
about the dumped soil. At that time, Staff was able to confirm with PVPUSD that they
had authorized AYSO Region 10 (AYSO) to stockpile dirt on the property. The reason
given for the stockpiling was that the dirt was needed for the periodic regrading of the
soccer fields. AYSO claimed that the dirt came from a site in the City of Torrance,
purportedly from residential lots on Sharynne Lane. However, the City of Torrance was
not able to confirm this.' On October 28, 2015, PVPUSD notified Staff that the soil
would be tested and results made public.2 Staff is not aware of whether or not PVPUSD
issued any permit to AYSO or made an environmental determination regarding the
placement of soil on the property pursuant to the California Environmental Quality Act
(CEQA).
Initially, PVPUSD stated that it expected to post the results of the soil testing by Alta
Environmental (Alta) on its website by November 18, 2015. On that date, however,
PVPUSD advised the City and interested parties that the testing was not yet complete.
On November 20, 2015, PVPUSD announced that the matter was being turned over to
PVPUSD's legal counsel. In early December 2015, PVPUSD apparently met with
representatives of the Ladera Linda and Seaview neighborhoods to discuss the matter.
On January 5, 2016, PVPUSD and AYSO notified Staff and interested parties that a
report prepared by Leymaster Environmental Consulting, LLC (Leymaster), concluded
that the soil dumped on the Ladera Linda Fields was "clean and safe." The report and a
joint statement from PVPUSD and AYSO was posted on PVPUSD's website.
On April 27, 2016, Staff was advised by the Lomita Sheriff's Station that soil samples
were being collected at the Ladera Linda Fields under the authority of a search warrant.
Based upon reports in the local media (Attachment B), Staff learned that the
investigation was being led by DTSC and that the AQMD had issued a "Notice to
Comply" (NC) to PVPUSD. In response to the NC, PVPUSD secured, posted and
covered the area where AYSO placed the soil at the Ladera Linda Fields.
' There had also been rumors that the soil came from the residential lots at Trump National Golf
Course, but the Trump Organization confirmed that this was not the case.
2 In a related matter, Staff received complaints on October 31, 2015, that AYSO had erected a
large sign on the property near the intersection of Forrestal and Intrepid drives. Staff noted that the sign
appeared to be located within the public right-of-way of Forrestal Drive. Following a site visit with Staff on
November 5, 2015, PVPUSD initially agreed that the sign would be moved back out of the public right-of-
way, but eventually PVPUSD directed AYSO to remove the sign completely on November 13, 2015.
2
On June 10, 2016, Staff requested a copy of the Alta report and any agreements with
AYSO from PVPUSD, but was told that anything having to do with AYSO or the Alta
report is part of an active legal investigation so PVPUSD cannot release these items
without discussing with their legal counsel first. Because PVPUSD has not produced
information in response to Staff's requests, the City filed a Public Records Act (PRA)
request with PVPUSD for pertinent documents on June 14, 2016. The PRA requests
information related to any agreement between PVPUSD and AYSO about the use of the
Ladera Linda Fields and the placement of the soil, as well as a copy of the Alta report.
Citv Action/Involvement to Date
Staff met with PVPUSD at the Ladera Linda Fields on November 5, 2015, to discuss the
soil dumping and the AYSO sign (see Footnote No. 2 above). Staff has not attended
any Board of Education meetings at which this matter was discussed, nor has there
been any official expression of a City position regarding this matter. When community
concerns about this matter have been brought to Staff's attention, residents have been
advised that the City has very little or no jurisdiction, and that their concerns should be
expressed directly to the Board of Education. Also, as mentioned above, Staff filed a
PRA with PVPUSD on June 12, 2016.
Options for Future City Action/Involvement
Given that PVPUSD has acted consistently in the belief that this matter is exempt from
local land use and zoning regulations under Government Code Section 53094(b), there
are a limited range of options available for the City to try to exert pressure on PVPUSD.
Staff has identified several options, which are described briefly below.
Option 1: Status Quo
The City would continue to take no formal position on the matter and abide by
PVPUSD's expectation that it is exempt under Government Code Section 53094(b).
Residents would continue to be encouraged to present their concerns directly to the
Board of Education.
Option 2: Challenge to Section 53094(b) Exemption
The City could determine whether PVPUSD's storage of materials on the property
makes it subject to a Conditional Use Permit (CUP) under Municipal Code Section
17.26.030(b), requiring a school to obtain a CUP for "educational purposes, including
ancillary uses and developments which are operated by the educational institution and
are part of, and necessary to, the educational program of the institution." Further, given
the estimated quantity of 1,100 cubic yards of fill placed on the property, this would
involve after -the -fact approval of a grading permit by the Planning Commission at a
duly -noticed public hearing. If the after -the -fact grading permit was not approved,
PVPUSD would likely be required to remove the soil from the Ladera Linda Fields and
restore them to their previous condition and contours. The consideration of the CUP
9
and grading permit would also include CEQA review of the grading.
In response, PVPUSD could pass a resolution exempting the storage of dirt on the
fields from the City's zoning code. Government Code Sections 53094(a) and (b) state
(in relevant part) that:
[notwithstanding] any other provision of this article, this article does not
require a school district to comply with the zoning ordinances of a county
or city unless the zoning ordinance makes provision for the location of
public schools and unless the city or county has adopted a general plan.
[Furthermore, notwithstanding] subdivision (a), the governing board of a
school district, that has complied with the requirements of Section 65352.2
of this code and Section 21151.2 of the Public Resources Code, by a vote
of two-thirds of its members, may render a city or county zoning ordinance
inapplicable to a proposed use of property by the school district. The
governing board of the school district may not take this action when the
proposed use of the property by the school district is for non -classroom
facilities, including, but not limited to, warehouses, administrative
buildings, and automotive storage and repair buildings.
The City's Zoning Code does make provisions for the location of public schools in the
Institutional (1) zoning district, within which the Ladera Linda Fields are located. Should
PVPUSD pass a resolution exempting this activity from the City's zoning code, the City
could attempt to challenge PVPUSD's determination that this matter is not related to
"non -classroom facilities" under Government Code Section 53094(b). Courts have
extended Government Code Section 53094 (b)'s definition of "classroom facilities" to the
construction of stadium lights and thus exempted such construction from local zoning
requirements. (Taxpayers for Accountable School Bond Spending v. San Diego Unified
School District (2013) 215 Cal.App.4th 1013; City of Santa Cruz v. Santa Cruz City
School Bd. of Education (1989) 210 Cal.App.3d 1.) On the other hand, courts have
found swap meets conducted in a school parking lot were not a "classroom facility" and
were not exempt from local zoning. (People ex rel. Cooper v. Rancho Santiago College
(1990) 226 Cal.App.3d 1281.). It should also be noted that, in 2002, the City approved
a CUP for a proposed cell site at the Ladera Linda Fields as a non -classroom facility
(although the cell site was never constructed). It should also be noted that, in this
particular instance, PVPUSD is leasing the subject fields to a third party, which might
make it more difficult to maintain that this is a "classroom facility."
The costs of such litigation would probably be borne solely by the City. If successful,
the placement of the soil would then be required to comply—after the fact—with the
City's land use and zoning regulations. Similarly, City residents could challenge
PVPUSD's presumed determination that it is exempt from the City's zoning code.
Option 3: Defer to On -Going Investigations
11
As noted above, DTSC, AQMD and other agencies are currently investigating the
circumstances surrounding the placement of this soil on the Ladera Linda Fields. It is
possible that the outcome of these investigations may result in the removal of the soil
and the remediation of any contamination that may be found. If, as a result of these
investigations, no contamination is found or any contaminated soil found is removed,
the City may then choose to accept this determination as final and take no further
action.
Option 4: CEQA challenge
If PVPUSD has made a determination as to the applicability of CEQA to the placement
of soils on the Ladera Linda Fields property, the City or City residents could challenge
PVPUSD's CEQA determination. Once Staff has determined what, if any, CEQA
determination has been made, Staff can evaluate the City's ability to bring a challenge
under CEQA.
Option 5: Injunction/Litigation
The City may file suit to try to require PVPUSD restore the property to the condition
preceding the dumping of the soil. The grounds for such action would need to be
determined in consultation with the City Attorney. As a last-ditch effort, this approach
might be successful in the short term, but damaging to the City's relationship with
PVPUSD in the long term. The costs of such litigation would probably be borne solely
by the City.
CONCLUSION:
In conclusion, there are a number of options that the City Council might pursue in order
to compel PVPUSD to address the concerns raised by Ladera Linda and Seaview
residents. At best, these options might resolve the issue of the dumped soil, either
through direct action by the City or through the action of local, State and Federal
environmental agencies that are investigating this matter.
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State of California
GOVERNMENT CODE
TITLE 5. LOCAL AGENCIES
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND
OTHER AGENCIES
CHAPTER i. GENERAL
Article 5. Regulation of Local Agencies by Counties and Cities
§ 53094
53094. (a) Notwithstanding any other provision of this article, this article does not
require a school district to comply with the zoning ordinances of a county or city
unless the zoning ordinance makes provision for the location of public schools and
unless the city or county has adopted a general plan.
(b) Notwithstanding subdivision (a), the governing board of a school district, that
has complied with the requirements of Section 65352.2 of this code and Section
21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may
render a city or county zoning ordinance inapplicable to a proposed use of property
by the school district. The governing board of the school district may not take this
action when the proposed use of the property by the school district is for nonclassroom
facilities, including, but not limited to, warehouses, administrative buildings, and
automotive storage and repair buildings.
(c) The governing board of the school district shall, within 10 days, notify the city
or county concerned of any action taken pursuant to subdivision (b). If the governing
board has taken such an action, the city or county may commence an action in the
superior court of the county whose zoning ordinance is involved or in which is situated
the city whose zoning ordinance is involved, seeking a review of the action of the
governing board of the school district to determine whether it was arbitrary and
capricious. The city or county shall cause a copy of the complaint to be served on the
board. If the court determines that the action was arbitrary and capricious, it shall
declare it to be of no force and effect, and the zoning ordinance in question shall be
applicable to the use of the property by the school district.
(Amended by Stats. 2001, Ch. 396, Sec. 2. Effective January 1, 2002.)
A-1
5/3/2016 State probes possibly tainted soil at Ladera Linda Park in Rancho Palos Verdes
The Daily Breeze (htW://www.dailybreeze.com)
State probes possibly tainted soil at Ladera Linda Park in Rancho Palos Verdes
Multiagency criminal probe looking into safety of imported dirt
By Ed Pilolla, The Daily Breeze
Monday, May 2, 2016
soil.
State investigators are probing whether soil hauled to the
Ladera Linda Community Park soccer fields in the spring was
contaminated with hazardous waste, raising questions after
school and soccer officials earlier this year declared the dirt
clean and the issue settled.
Details of the criminal investigation remain unknown and
under seal. But the state Department of Toxic Substances
Control served search warrants last week at the Palos Verdes
Peninsula Unified School District and the American Youth
Soccer Organization in Torrance for documents related to the
Investigators also took dirt samples near the soccer fields for analysis, according to the Department of
Toxic Substances Control, which wants to determine if the soil poses a threat to the community and the
children who play there.
However, a Palos Verdes AYSO official on Monday said she expects the state to verify previous findings
that indicated the soil is clean and safe.
Since the search warrants were served April 27, a portion of the park near the soccer fields has been
closed with yellow caution tape and signs warning of asbestos.
Tim Reese, a spokesman for the Department of Toxic Substances Control, said his agency took action in
response to complaints. There's no timetable for the soil test results. Because of the ongoing
investigation, Reese said he did not anticipate that the test results would be made public but added, "If
we find any danger, then we will take the appropriate action."
Multiagency investigation
The Department of Toxic Substances Control is investigating along with the U.S. Environmental
Protection Agency, the South Coast Air Quality Management District, the Los Angeles County District
Attorney's Office and the Los Angeles County Fire Department's Certified Unified Program Agency,
Reese said.
Officials for Palos Verdes Peninsula Unified School District did not respond to requests to comment. In a
statement on its website, district officials acknowledged receiving a search warrant.
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5/3/2016 State probes possibly tainted soil at Ladera Linda Park in Rancho Palos Verdes
"The district fully cooperated with DTSC investigators and will continue to do so in the future," the
district's statement said. "Our highest priority is to the education, health and well-being of the children in
the district and across the Palos Verdes Peninsula. The district will continue to cooperate with DTSC in
this matter and is hopeful for an appropriate resolution."
The search warrants were filed in the Los Angeles Superior Court, Reese said. The probe follows
consistent concerns voiced by residents, particularly Ed Hummel, that the school district and AYSO,
which leases the soccer fields from the school district, did not properly test the soil and document exactly
where it all came from.
The 1,100 cubic yards of imported soil came from a basement and swimming pool excavation project on
Sharynne Lane in Torrance, school officials said. They had hoped to put the issue to rest when Leymaster
Environmental Consulting of Long Beach tested the soil Dec. 14 and found that the dirt was compliant
with regulations and safe.
DDT detected in tests
That testing, along with a previous round of tests by Alta Environmental of Long Beach, indicated the
presence of DDT in the soil.
Jennifer Taggart, an environmental attorney representing PV AYSO, on Monday said DDT is found
throughout California because of its widespread use in the 1970s. Taggart said the presence of DDT in
soil is acceptable so long as the level is below the guidelines outlined in the California Human Health
Screening Levels.
"Those are very strict standards," Taggart said. "I expect the soil tests to come back clean. There may be
some detections. Obviously, there are chemicals present in our environment. But I expect the chemicals
detected to be well below any action level."
School district officials put up yellow caution tape and signs warning of asbestos in response to the South
Coast Air Quality Management District's notice to comply with asbestos testing..
Taggart said the complaint charging that the soil is toxic came from one or two residents, but many more
are now concerned because of the warning signs up at Ladera Linda.
"Unfortunately, with the ongoing criminal investigation, it's sort of limited how PV AYSO can respond,"
Taggart said, adding that the underlying affidavit in the case remains sealed.
None of the soil in question was used to level off the soccer fields because of concerns raised last year by
residents, Taggart said.
The Los Angeles County District Attorney's Office on Monday declined a request to view the search
warrants.
URL: http://www.dailybreeze.com/environment-and-nature/20160502/state-probes-possibly-tainted-soil-at-ladera4inda-park-in-rancho-palos-verdes
CO 2016 The Daily Breeze (hW2://www.dailybreeze.com)
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