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Attachment CATTACHMENT C 212 MEMORANDUM i � RANCHO PALOS VERDES TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ` J�"LES JONES, INTERIM DIRECTOR OF PUBLIC WORK CP LES SEPTEMBER 3, 2013 SUBJECT: SUNNYSIDE RIDGE TRAIL SEGMENT IMPROVEMENT GRANT APPLICATION FOR L.A. COUNTY FOURTH SUPERVISORIAL DISTRICT REVIEWED: CAROLYN LEHR, CITY MANAGERQk- Project Manager: Lauren Ramezani, Senior Administrative Analyst a--- RECOMMENDATIONS 1. Adopt Resolution 2013- , a Resolution of the City Council of the City of Rancho Palos Verdes adopting Addendum No. 1 to the 2007 Council Adopted Negative Declaration in Connection with the Future Construction of the Sunnyside Ridge Trail Segment. 2. Adopt Resolution 2013- , a Resolution of the City Council of the City of Rancho Palos Verdes approving the application for Competitive Excess Funds from the Los Angeles County Regional Parks and Open Space District for Fourth Supervisorial District Funding for the Sunnyside Ridge Trail Segment Improvement project. BACKGROUND On June 13, 2013, LA County Supervisor Don Knabe announced the availability of two million dollars ($2,000,000) for a competitive trails grant program in the Fourth Supervisorial District. The Los Angeles Regional Park and Open Space District will administer the grant program. Eligible projects may include: acquisition, development, improvement and /or rehabilitation of real property for trails and public access. The types of projects eligible include: Capital improvement projects within the Fourth Supervisorial District creating 213 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 2 of 15 public Park and recreational facilities such as bike paths, trails, and public access points to existing trails including amenities such as trailheads, parking lots, fencing and outdoor exercise equipment along urban trails. Public agencies, conservancies, and qualified nonprofit organizations in partnership with public agencies are eligible. Priority will be given to public trails projects in cities and those that provide linkages to regional facilities and/or existing or planned regional trails. The maximum grant amount is $300,000 and does not require matching funds. DISCUSSION After considering possible eligible projects for the grant, staff is recommending applying for the construction of the Sunnyside Ridge Trail Segment project. The project includes the improvement of the Sunnyside Ridge trail connection within an existing recorded trail easement that would serve as a long sought out connection between Sunnyside Ridge Road and Palos Verdes Drive East (PVDE). The equestrian community has been requesting this trail improvement project for several years. Subsequently, in 2007 staff applied for a Recreational Trails Program state grant for this project, which was not successful. This grant provides another opportunity to pursue this improvement. According to the City's Conceptual Trails Plan (CTP), the Sunnyside Ridge Trail Segment is a point-to-point trail for equestrians and pedestrians that provides a connection between Sunnyside Ridge Road and Palos Verdes Drive East (PVDE). The trail segment would be located within a recorded trail easement that traverses a privately owned lot that is currently developed with a single-family residence that was formally part of the old Narbonne right-of-way. At the time the right-of-way was vacated by the City Council in 1996, a 10 -foot wide easement was required to be dedicated on the property along the easternmost property line, adjacent to the developable portion of the lot, to accommodate the future development of the Sunnyside Ridge Segment trail. Once the right-of-way was vacated, the property was developed with a new single- family residence. During construction of the new single-family residence, it became apparent that the topography within the 10 -foot wide portion of the trail easement would not easily accommodate an equestrian and pedestrian trail without the construction of retaining walls, grading and a bridge at the bottom of the ravine. Although the easement can be used today for access, the steep slope along the easement between the two developed properties and PVDE forces trail users, specifically equestrians, to travel a farther distance along PVDE, a busy thoroughfare in the City, as opposed to utilizing the dedicated Sunnyside Ridge Segment easement as a safer route. 214 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 3 of 15 Currently however, the trail easement lacks an improved trail, with adequate widths and slopes to accommodate equestrians and pedestrians for a safe crossing path from Sunnyside Ridge Road to PVDE. This trail connection project, along with other potential trail improvement projects, was presented to the City Council by the Equestrian Committee for funding as part of previous budget discussions. Based on competing funding interests and limited funds, the City Council has not authorized funds for the proposed trail connection project. During the FY 13-14 budget approval process, this project was included in the unfunded Capital Improvement Plan list. As such, staff now believes that the County grant may provide the needed funding opportunity for construction of the Sunnyside Ridge Trail Segment connection. The conceptual scope of work consists of the following components: • Trail area preparation (shrub clearance and grubbing) • Grading for a natural surface trail • Placement of decomposed granite surfacing for part of the trail at the east side property line • Installation of railroad ties or other suitable elements on the steep areas to provide the necessary tread across the trail • Turn -around areas • Construction of a retaining wall (approximately 60 feet long) along the east side property line to create slope stability and safe passage of equestrians and hikers • Installation of railing or fence protection at the top of the proposed retaining wall with screening elements/landscaping along the two neighboring properties at the east side of the property line • Construction of a bridge (approximately 10 feet wide & 50 feet long) with protection railings crossing the existing ravine for safe passage of equestrians and hikers. The estimated project cost is $465,000 (design, construction, inspection, etc.). However, the actual costs for projects are determined after projects go out to bid, and bids are opened. The maximum grant amount would be $300,000, which is the amount staff proposes to request. Therefore, if Council approves submitting this grant application, and if the grant is awarded by the County, staff will be returning to Council for funding authorization. Since the project is estimated to exceed the maximum grant funds, the grant application requires the City to commit to fund its share of the costs (approximately $165,000) and to maintain the project in perpetuity. Tonight, Staff is requesting the Council to adopt two resolutions. Adopting one resolution provides an addendum to the CEQA document issued in 2007 for this project. Adopting the second resolution authorizes the submittal of this grant application for this project which is a requirement of this grant. The deadline for submitting the completed grant application is Monday, September 16, 2013. 215 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 4 of 15 If the grant is awarded, further public and neighborhood input will be obtained and staff will return to Council for necessary budget authorization and provide additional project details prior to going out to bid. The action being requested this evening does not approve the construction of the proposed trail project. ADDITIONAL INFORMATION Environmental Assessment: On September 18, 2007, the City Council adopted Resolution No. 2007-101, there by adopting a Negative Declaration / Environmental Assessment to allow the construction of the Sunnyside Ridge Segment Connection Trail Project (Project) which involves the construction of a point-to-point equestrian and pedestrian trail across a City -owned easement. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Staff has determined that the proposed Sunnyside Ridge Trail Project is similar to the 2007 City Council approved Project. Addendum No. 1 to the Council adopted Negative Declaration has been prepared for the proposed Project. Staff believes that the Project will not introduce new environmental impacts nor intensify environmental impacts previously analyzed in the Initial Study and the Council adopted Negative Declaration. This is because the scope of the proposed Project is similar to the 2007 Project and surrounding conditions have been evaluated and no significant changes have occurred between 2007 and now. As a result, no further environmental review will be necessary other than the adoption of Addendum No. 1 to the Council adopted Negative Declaration. Public Outreach: In an effort to engage the public on this project, Staff notified the neighborhood by mailing courtesy notices of this pending grant application and the date of this City Council meeting to property owners within a 500 -foot radius of the project site. Additionally, some members of the equestrian community were also notified. Furthermore, on Tuesday, August 27, 2013, staff held an informative and interactive on- site meeting with interested neighbors, area residents, and pedestrian and equestrian trail users. CONCLUSION Council's action tonight authorizes the submittal of a grant application which could be the first step toward improving Sunnyside Ridge Segment Trail. If the grant is awarded, project design, bidding and construction work will have an estimated 18 month completion schedule. ALTERNATIVES The Council may choose not to approve submitting the grant application and defer the improvement of this trail to a later time. However, that would mean that this grant opportunity would be lost. 216 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 5 of 15 FISCAL IMPACT The action requested this evening will not have a fiscal impact to the City. Staff plans to request the maximum allowable grant amount of $300,000. However, based on the conceptual scope of work assumed for Sunnyside Ridge Trail Segment, the total cost of this project is estimated to be $465,000. This estimated total cost includes 20% for engineering and design/inspection fees, and 20% budget contingency. Should the grant application be approved by the L.A. Regional Parks and Open Space District, the grant will be on a reimbursement basis. The City's share of costs is estimated to be $165,000. Since the project is estimated to exceed the maximum grant funds, the grant application requires the City to commit to fund its share of the costs. The grant also requires the City to maintain the project in perpetuity. Finally, as previously mentioned the proposed project cost is an estimate. Actual costs of projects are subject to construction market status and other factors and cannot be known until projects go out to bid and bids are opened. Therefore, since this project was not previously budgeted, staff will return to Council to request budgetary appropriation. ATTACHMENTS • Resolution 2013- _ (CEQA ) a. Addendum No. 1 • Resolution 2013- _ (Approving Submittal of Grant Application) • Aerials & Location Site Pictures • Public Correspondence 217 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 6 of 15 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO THE 2007 COUNCIL ADOPTED NEGATIVE DECLARATION IN CONNECTION WITH THE FUTURE CONSTRUCTION OF THE SUNNYSIDE RIDGE TRAIL. WHEREAS, on September 18, 2007, the City Council, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), adopted Resolution No. 2007-101, thereby adopting a Negative Declaration / Environmental Assessment to allow the construction of the Sunnyside Ridge Trail Project (Project) which involves the construction of a point-to-point equestrian and pedestrian trail across a City -owned easement; and, WHEREAS, on October 1, 2007, pursuant to Council direction at its September 18, 2007 meeting, City Staff filed a Recreational Trails Program (RTP) grant application to the California Department of Parks and Recreation for the Project (State Parks); and, WHEREAS, in March 2008, the City received notification from State Parks that it was unsuccessful in securing RTP grant funds for the Project and as result the Project was not constructed; and, WHEREAS, on June 13, 2013, the City received notification of the 2013 Los Angeles County Trails Grant that would provide the City an opportunity to fund the Project; and, WHEREAS, on August 21, 2013, notification was given to residents within a 500 - foot radius of the Council's September 3, 2013 consideration of the Project and filing of the 2013 Los Angeles County Trails Grant application; and, WHEREAS, after issuing notice, the City Council of the City of Rancho Palos Verdes held a public hearing on September 3, 2013, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council finds that the Project is substantially the same project originally analyzed in the 2007 Council adopted Negative Declaration and the environmental impacts in the current project are equal to or less than the environmental impacts previously studied in the 2007 Council adopted Negative Declaration. 218 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 7 of 15 Section 2: The City Council finds that the Project will not significantly impact or have a substantial adverse effect on the local habitat, federally protected wetlands, migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or conflict with the City's Natural Communities Conservation Plan (NCCP). Additionally, the project site is not located within an existing or proposed Significant Ecological Area (SEA). Section 3: The City Council finds that the Project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. The Project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The Project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. Furthermore, the Project will not result in an increase in population, thereby warranting new recreational facilities. Section 4: The City Council finds that the Project will not result in significant adverse affects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; or create a wasteful or inefficient use of the energy already being consumed on the site. Section 5: The City Council finds that there will be no environmental impacts resulting from the project to hazards and hazardous materials. The Project will not result in transportation, use, or disposal of hazardous material. Section 6: The City Council finds that the Project, in terms of hydrology and water patterns will not significantly impact the surrounding environment and will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. The Project involves the construction of a bridge over an unnamed canyon to connect both sides of the new trail and will not affect any natural water movement within the canyon during the rainy season. Section 7: The City Council finds that the Project will not create substantial impacts to circulation patterns, parking capacity, or traffic congestion. Section 8: The City Council finds that the Project will not result in adverse noise impacts and that anticipated noise generated by construction is not uncommon to the surrounding environment and that such noise will be temporary in nature. Further, in accordance with the City of Rancho Palos Verdes' Municipal Code, construction is limited between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). 219 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 8 of 15 Section 9: The City Council finds that the Project will not result in adverse aesthetic impacts and repairs will not adversely impact views taken from the subject property nor views from major arterial roads or viewing corridors. Section 10: For reasons discussed in the 2007 Initial Study, which is incorporated herein by reference, the Project will not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the Project have impacts which are individually limited, but cumulatively considerable. Section 11: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Addendum No. 1 (Exhibit "A") to the 2007 Council adopted Negative Declaration, based on the City Council's independent review and determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 3rd day of September 2013. Susan Brooks, Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013 -XX was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 3, 2013. City Clerk 220 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 9 of 15 RESOLUTION NO. 2013 - EXHIBIT "A" ADDENDUM NO. 1 TO NEGATIVE DECLARATION / ENVIRONMENTAL ASSESSMENT SEPTEMBER 3, 2013 On September 18, 2007, the City Council adopted Resolution No. 2007-101, thereby adopting a Negative Declaration / Environmental Assessment to allow the construction of the Sunnyside Ridge Trail Project (Project) which involves the construction of a point- to-point equestrian and pedestrian trail across a City -owned easement. As proposed, the trail would begin at Sunnyside Ridge Road, at the old Narbonne Right -of -Way, and would extend northward, across an unnamed canyon, to Palos Verdes Drive East. The trail segment is part of the Palos Verdes Loop Trail, as designated within the City's Conceptual Trail Plan, and constitutes a significant connection between the Sunnyside Ridge Trail, at Sunnyside Ridge Road, and the Deadman's Curve Trail, on Palos Verdes Drive East. In adopting the Negative Declaration, the City Council found that the Project's cumulative impacts could not significantly impact the surrounding environment. Since the Council's adoption of Resolution No. 2007-101, the City was unsuccessful in securing grant funds to construct the Sunnyside Ridge Trail. At this time, the City is pursuing another grant opportunity to construct the Sunnyside Ridge Trail Project as approved in 2007. Construction of the current Project includes the following components which is substantially the same as the project analyzed and approved by the City Council in 2007: 1) 2000 linear feet of pre -construction shrub clearance and grubbing 2) 2000 linear feet of grading for a natural surface trail 3) 150 linear feet of decomposed granite trail surfacing 4) Installation of 50 railroad ties, or other suitable option, to provide additional tread across the trail. 5) A 60 -foot long, 8 -foot high retaining wall across a 10 -foot wide easement that traverses a portion of the subject property, along the east side property line with railing/fence at the top of the retaining wall for protection. 6) Installation of landscaping on both sides of the trail, adjacent to the existing single-family residential homes, for a distance of 150 feet, as measured from Sunnyside Ridge Road. 7) Construction of a 50 -foot long, 8 -foot high wood bridge with protection railings over an existing storm drain facility at the bottom of a ravine, connecting the south side of the Sunnyside Segment trail to the north side of the trail. 8) Installation of screening elements with landscaping at the east end of the easement along the two existing properties. 221 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 10 of 15 The City Council has reviewed and analyzed the Project and is of the opinion that the environmental impacts associated with the current Project are equal to or less than the environmental impacts studied in the 2007 Council approved Negative Declaration and will not alter nor diminish the spirit and intent of the original Project approved by the City Council in 2007. The City Council finds that the 2007 Initial Study was prepared and published in the Peninsula Newspaper and distributed to residents within a 500 -foot radius for a 15 -day comment period whereby public comments related to the Project were adequately addressed. Moreover, a notice was provided to the residents within a 500 -foot radius on August 20, 2013 and public comments were considered in the Council's decision. The City Council finds that the Project will not significantly impact or have a substantial adverse effect on the local habitat, federally protected wetlands, migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or conflict with the City's Natural Communities Conservation Plan (NCCP). The Project will not alter the location, distribution, density, or growth rate of the human population in the area nor create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The Project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. The Project will not result in significant adverse effects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; or create a wasteful or inefficient use of the energy already being consumed on the site. The Project, in terms of hydrology and water patterns will not significantly impact the surrounding environment, will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. Moreover, the Project involves the construction of a bridge over an unnamed canyon to connect both sides of the new trail and will not affect any natural water movement within the canyon during the rainy season. The Project will not create substantial impacts to circulation patterns, parking capacity, or traffic congestion. In addition to the above, the City Council finds that the Project will not result in adverse noise impacts. Although the construction of the Project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature. Further, in accordance with the City of Rancho Palos Verdes' Municipal Code, construction is limited between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). The Project will not result in adverse aesthetic impacts nor adversely impact views taken from the subject property or views from major arterial roads or viewing corridors. Therefore, the City Council finds that there are no changed circumstances or new information, which was not known at the time the Negative Declaration was adopted that would require the preparation of a subsequent Negative Declaration or major revision to the Council adopted Negative Declaration pursuant to CEQA Guidelines 222 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 11 of 15 Section 15162. In accordance with Section 15164 of the State CEQA Guidelines, the City Council has independently reviewed and considered and hereby adopts this Addendum No. 1 to the 2007 Council adopted Negative Declaration. 223 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 12 of 15 RESOLUTION NO. 2013 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR COMPETITIVE EXCESS FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FOURTH SUPERVISORIAL DISTRICT FUNDING FOR SUNNYSIDE RIDGE TRAIL SEGMENT IMPROVEMENT PROJECT WHEREAS, the people of the County of Los Angeles on November 3, 1992, and on November 5, 1996 enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Propositions), which among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose of acquiring and/or development facilities and open space for public recreation; and WHEREAS, the Propositions also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing application for grant funds under the Propositions, and WHEREAS, the District's procedures require the City of Rancho Palos Verdes to certify, by resolution, the approval of the application before submission of said application(s) to the District; and WHEREAS, said application contains assurances that the City of Rancho Palos Verdes must comply with; and WHEREAS, the City of Rancho Palos Verdes will enter into an Agreement with the District to provide funds for acquisition and development projects. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY: 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for Fourth Supervisorial District Excess Funds for the above project; and 2. Certifies that City of Rancho Palos Verdes understands the assurances and certification in the application form; and 3. Certifies that City of Rancho Palos Verdes has, or will have, sufficient funds to operate and maintain the project in perpetuity; and 224 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 13 of 15 4. Appoints the Director of Public Works, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED, AND ADOPTED THE 3rd DAY OF SEPTEMBER, 2013. MAYOR ATTEST: CITY CLERK State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 3, 2013. CITY CLERK 225 Sunnyside Ridge Trail Segment Grant September 3, 2013 Page 14 of 15 226 Ab y �-den Wall PUBLIC CORRESPONDENCE Lauren Ramezani From: Carolynn Petru Sent: Wednesday, August 28, 2013 2:07 PM To: Lauren Ramezani; Ara Mihranian; Siamak Motahari; Bindu Vaish Subject: FW: As of this coming Tuesday evening, old news will become new, news Hi All — FYI — Sunshine sent this to the Council, but it doesn't appear that she copied staff. Thanks! CP From: SunshineRPV@aol.com [mailto:SunshineRPWaol.com] Sent: Wednesday, August 28, 2013 12:04 PM To: CC Subject: As of this coming Tuesday evening, old news will become new, news Please authorize Staff to submit a grant application for work only within the City's easement and within less than 120 feet north of Sunnyside Ridge road. The "social trail" across Greenwood Canyon will recover just fine after the connection to Sunnyside Ridge Road is restored. Why wait for somebody else's $400K when a lot less than $100K will solve the problem? ...S September 14, 2007 RE: Trail rerouting at 2477 Sunnyside Ridge Road. To Whom It May Concern: I see three ways to implement the retaining wall solution which was submitted to the city dated 8/20/04. The primary objective is to restore a "safe for equestrians" trail connection. A short, steep place is acceptable if there is a level "rest stop" at the top. A "pinch point" is acceptable if there is a clear line of sight from both directions and a wide trail at each end so that riders can avoid having to pass in the narrow section. These conditions exist. The secondary objectives relate to the two neighbors adjacent to the ten foot wide portion of the trail easement. Both Pat Poddatoori and Johnny DeGirolamo would prefer that the trail improvement not create a situation in which a balcony railing will be required on the wall along the east side of the 2477 Sunnyside Ridge Road driveway. Although he purchased the house at 2443 Sunnyside Ridge Road after the City had cleared away the oleander and pepper tree hedge, Mr. DeGirolamo would prefer to not walk out his front door and see a massive wall. Accommodating these two preferences does not appear to be impossible. The fact that this situation exists is clearly the fault of City Staff. The 10 foot wide portion of the easement that was retained in 1996 is not "flat" as represented to the Recreation and Parks Committee. (See Exhibit A, minutes and correspondence.) Mr. Podatoori was permitted to proceed with his construction even after the extreme slope was discovered. Mr. DeGirolamo was permitted to install a pool, improve a structure in the side yard setback and replace a section of wall while keeping 228 the portion of wall which is encroaching on the City's easement, was originally not permitted and is not a structural retaining wall. The solution is open to interpretation. What shall be "permitted" at this point? Which Development Codes shall apply? From which Budget category shall the funds come? Will the hours of Staff time which are desperately needed to salvage the City's infrastructure add up to a higher cost than what the State grant, if won, is likely to provide? This work should not wait. Option #1. The City, in this case, Public Works, could provide the engineering calcs to establish how deep the vertical I beams need to be. (Section P, 2004.) Based on that, a cost estimate can be generated and entered into the budget process. Option #2. The City, in this case, Code Enforcement, could require Mr. DeGiroamo to remove the wall which is encroaching on the easement and arrange for him to be permitted to replace it with a properly engineered retaining wall on his own property. Option #3. The City, in this case, the City Council could authorize the staff time to apply for other people's money to pay for the solution if the scope of the application is for a legitimate public need. Otherwise, we will not get the grant. My personal opinion is that the City of Rancho Palos Verdes should clean up this mess, in house. If the City has no funding in the Budget for interdepartmental Errors and Omissions insurance, then why do we hire human beings to implement our wishes as property owners? Sunshine 6 Limetree Lane Rancho Palos Verdes, CA 90275 (310) 377-8761 229