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RPVCCA_CC_SR_2014_04_01_03_Proposed_Amdmts_PV_Nature_PreserveCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUN IL MEMBERS JOEL ROJAS, AICP, DIRECTOR APRIL 1, 2014 DEVELOPMENT PROPOSED AMENDMENTS TO THE PALOS VERDES NATURE PRESERVE (SUPPORTS 2014 CITY COUNCIL GOAL -TRAIL SYSTEM ENHANCEMENT) REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER<QJ j . Project Manager: Ara Mihranian , AIC P , Deputy Community Development Directo ~ RECOMMENDATION 1. As requested by the PVPLC , enroll the recent City acqu ired 58-acre Malaga Canyon open space property into the City 's Palos Verdes Nature Preserve ; and 2 . Remove the 40-acre Archery Range Property owned by the C ity 's Successor Agency from the Palos Verdes Nature Preserve ; and 3. Modify the Preserve boundary with Gateway Park which results in the inclusion of 7 additional acres into the Palos Verdes Nature Preserve ; and 4 . Direct Staff to bring back an amended City/PVPLC Management Agreement as a consent calendar item at the April 15 th City Counci l meeting and an amended Public Use Master Plan (PUMP) document at a future C ity Council meeti ng that reflect these Preserve changes . BACKGROUND On February 28 , 2014 , pursuant to previous C ity Council authorization , the C ity took ownership of approximately 58 acres of open space in Malaga Canyon from two separate private property owners . The full cost of this open space acquisit ion was funded by fede ral and state grants and no City funds were expended toward the acqu isition . 3-1 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGE 2 Now that Malaga Canyon is owned by the City , the PVPLC is requesting (see attached letter) that the City Council enroll the property into the City's Palos Verdes Nature Preserve (PVNP) which is part of the City's Natural Communities Conservation Plan (NCCP). By doing so , the PVPLC will oversee the management of this property similar to other City- owned properties in the Preserve that will lessen the City 's maintenance responsibilities as discussed later in this report. Additionally , as two separate and unrelated proposals , the City Council is being asked by Staff to remove the 40-acre Archery Range Property from the Preserve and to reconfigure the Preserve boundary with Gateway Park . If these proposed amendments to the NCCP Preserve are authorized by the City Council , Staff will return with an amended City/PVPLC Management Agreement on April 15 th and an amended PUMP document at a future City Council meeting . DISCUSSION 1. Enrolling Malaga Canyon into the City's NCCP Preserve In addition to preserving 58 acres of open space in perpetuity , the Malaga Canyon acquisition will facilitate implementation of several public trails identified in the City 's Conceptual Trails Plan (CTP), as well as provide the City access to maintain the existing storm drain and sewer line. Although Malaga Canyon was not originally proposed to be included in the City 's NCCP Preserve , during the acquisition process , the PVPLC Board of Directors expressed an interest in the property being enrolled in the Preserve and a conservation easement being granted in favor of the PVPLC . This is because the PVPLC has been involved for a number of years to have federal funds allocated for land conservation in this area. The PVPLC coordinated with the funding agencies and did the initial outreach to the property owners assessing their willingness to sell. This was done with the expectation that the land would be preserved in a similar manner to previous acquisitions , with a conservation easement granted to the Conservancy . On March 14 , 2014 , the PVPLC formally requested that the City Council enroll the property into the City 's NCCP Preserve (see attachment). By doing so , the land comes under the habitat management framework as described in the draft NCCP which is also summarized in the current Management Agreement between the PVPLC and the City. If enrolled in the Preserve , a conservation easement will need to be placed on the property in favor of the PVPLC, similar to other Preserve properties . The language of the conservation easement that will be placed on this property , as well as the other properties within the Preserve , has been the subject of ongoing discussions between Staff, the Land Conservancy and the Wildlife Agencies . The City 's goal is to ensure that the conservation easement will not prevent the City or utility companies from repairing or maintaining the existing storm drain , sewer lines or other infrastructure that traverse the property . The City Council will need to approve the final language of the conservation easement before it is recorded on the various properties that are within the Preserve . As stated in previous Staff Reports to the Council , there are City maintenance costs associated with the ownership of the Malaga Canyon open space . Some of these costs to 3-2 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGE3 the City would be offset by the PVPLC if the property is enrolled into the City 's NCCP Preserve . These costs are described in the table below : Maintenance Estimated Annual City PVPLC Task Cost Fuel Modification $12 ,000 x Entry Regulation Signs (initial $750 x Installation) Trail Markers $980 x Trash Collection No added cost if located x near street Habitat Monitoring $5,300 x Ranger No added cost x Enforcement Total Cost $19 ,030 $12 ,750 $6 ,280 As shown, if enrolled in the Preserve , the City 's ongoing maintenance costs will primari ly involve performing annual brush clearance on the property . The cost of the Preserve Rules sign will be a one-time expenditure unless the signs are vandalized or removed . As for trash collection , since the trash receptacles will be located at trailheads adjacent to City streets , there will be no added cost as collection would be made a part of the neighborhood's weekly collection. The same applies for ranger patrol time in Malaga Canyon which is anticipated to be minimal compared to other parts of the Preserve due to expected low level of use and will be included in its weekly patrol schedule . In regards to trails, there are some portions of the Malaga Canyon property that include historically used social trails that generally correspond to the Conceptual Trails Plan (CTP ). If the property is enrolled in the NCCP Preserve and these trails are included in an updated Preserve Trails Plan (PTP), the PVPLC will be responsible for installing the trail markers at the trail locations and performing the NCCP required habitat monitoring. In addition , trail maintenance projects , based on future needs , may be undertaken by the PVPLC as funding opportunities become available . Specifically , the Management Agreement states that "trail maintenance " and "trail repair " on unimproved trails in the City Council approved PTP is neither the City 's or the PVPLC 's obligation , but rather a permissive activity as determined necessary by the PVPLC and as funding becomes available. It should be noted that some new trail construction will be needed since a portion of one of the trails identified in the CTP presently does not exist. Per the Management Agreement , the City is responsible for new trail construction in the Preserve If the Council agrees to enroll the Malaga Canyon property into the City 's Preserve , the current Management Agreement between the City and the PVPLC will need to be amended to include the Malaga Canyon property . This would be a relatively simple task of changing an attachment to the Agreement to include Malaga Canyon . Forth is reason , Staff is recommending that the amended Agreement be placed on the Apri l 15 th City Council agenda for approval as a Consent Calendar item. 3-3 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGE4 In addition, the City Council adopted PUMP wi l l need to include this "Malaga Canyon Reserve." Staff intends to prepare a draft PUMP Amendment for the new "Malaga Canyon Reserve ," solicit public input and then present the proposed PUMP Amendment , including an updated PTP , to the City Council for review and approval sometime this summer. 2. Removal of the Archery Range Property From the Preserve The Abalone Cove Reserve is located between Palos Verdes Drive South and the coastline and consists of a 63-acre portion of the Abalone Cove Shoreline Park and a 40- acre parcel formally owned by the RDA and now owned by the Successor Agency to the RDA. This parcel is referred to as the Archery Range Property. Although the Archery Range Property has physical and other constraints that make habitat preservation challenging and restoration almost impossible , the property , which has some fragmented habitat (see attached vegetation map), was included in the City 's NCCP Preserve . It was included because it is not developable and thus could facilitate wildlife movement to adjoining Preserve properties . However, based on recent circumstances , which are described below , Staff is now recommending that the 40-acre property be removed from the Preserve . It should be noted that an NCCP Conservation easement has not been recorded on said property and thus removal of the property from the Preserve is sole ly within the purview of the City Council. The main reason why Staff is now recommending removal of the Archery Range Property from the Preserve is due to the ongoing landslide movement. The property is located in the most active portion of the Portuguese Bend landslide . Recent data has shown that the property is moving toward the ocean at varying rates of 2 to 20 feet per year . In addition to destroying existing habitat and making any of the NCCP required hab itat restoration fruitless , this landslide movement has caused two homes and PVDS to migrate onto the property. While the City is in the process of trying to remove the homes and relocate a portion of the roadway located near Gateway Park back to its proper right-of-way , continued landslide movement will cause other improvements and nearby homes to eventually migrate onto the parcel over time . In addition , the City probably will need to grade the area and repair or replace storm drains on the property from time to time in an effort to mitigate landslide movement. Another reason for removal from the Preserve is that the property is encumbered by an easement that gives the adjacent Portuguese Bend Club the right to perform remedial grading on the parcel on as needed basis. Staff has discussed this proposal with the State and Federal Wildlife Agenc ies that oversee the City's NCCP and both agencies have opined that removal of the property from the Preserve would not jeopardize the Agencies ' ability to approve the City 's final NCCP (see attached email correspondence). If the Council agrees with removing the Archery Range Property from the Preserve , the current Management Agreement between the City and the PVPLC will need to be amended . This would be a relatively simple task of changing an attachment to the Agreement to reflect the revised boundary . For this reason , Staff is recommending that the amended Agreement be placed on the April 15th City Council agenda for approval as a Consent Calendar item . Lastly , if the property is removed from the Preserve , the existing 3-4 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGE 5 public trails would remain but be maintained by the City instead of the PVPLC . Additionally , there are no plans to discontinue the use of the archery range pursuant to its Conditional Use Permit. In addition, the City Council-adopted PUMP will need to be amended to reflect this change in the Preserve. Staff intends to make this draft PUMP Amendment , as part of the PUMP amendment process described above for the inclusion of Malaga Canyon . 3. Reconfiguration of the Preserve Boundary with Gateway Park Gateway Park , which was originally referred to as the Active Recreation Area (ARA), was identified in the 2004 NCCP to be approximately 25 acres in size at the southern tip of the Portuguese Bend Reserve. Thus , a 25-acre area was mapped by Staff in 2007 for developing the "site concept plan" for purposes of the Coast Vision Plan. Subsequently , the 2008 Council adopted Coast Vision Plan identified the park area to be the future home of an equestrian center with riding rings and public parking that would also serve as a trailhead to the Preserve . None of the proposed improvements would consist of permanent structures because of the active land movement in the area. The equestrian center improvements were envisioned to be sponsored by the local equestrian community . To date , no formal request to construct the improvements from the equestrian community has been received by the City. Last year, Staff was made aware of a proposed project by the Public Works Department that would realign a segment of PVDS in the active Portuguese Bend landslide area . Th is caused Staff to re-examine the mapping of the proposed Gateway Park area . As a result of this, some of the previously mapped Gateway Park boundaries were modified so as not to interfere with this important project. While doing this , Staff also sought to address the question of area boundaries by matching the boundaries of Gateway Park with existing boundaries (roads and trails) to the maximum extent possible . As a result , Staff proposes reconfiguring Gateway Park to be approximately 17 acres in size with the approximately 7 acres removed going to the Preserve . Since Gateway Park is a product of the NCCP , these proposed changes have been reviewed and conceptually approved by the Wildlife Agencies and PVPLC. If the Council agrees with reconfiguration of the Preserve Area around Gateway Park , the current Management Agreement between the City and the PVPLC will need to be amended to include the additional acreage into the Portuguese Bend Reserve property. This would be a relatively simple task of changing an attachment to the Agreement to reflect the revised boundary . For this reason , Staff is recommending that the amended Agreement be placed on the April 15 1h City Council agenda for approval as a Consent Calendar item . In addition, the City Council-adopted PUMP will need to be amended to reflect this change in the Preserve boundary with Gateway Park. Staff intends to make this draft PUMP Amendment, as part of the PUMP amendment process described above for the inclusion of Malaga Canyon . 3-5 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGES As for the Coast Vision Plan , if Gateway Park is reconfigured as recommended by Staff, the Vision Plan will eventually have to be updated to reflect the change to the boundary limits . Updating the conceptual design plan for this property identified in the Vision Plan will involve public workshops where the type of improvements , including the proposed equestrian center , may be cons idered . ADDITIONAL INFORMATION Public Notification On March 17 , 2014 , Staff issued a list-serve message announcing that the City Counc il would be considering tonight 's agenda item at its April 1, 2014 meeting . Additionally , upon the transmittal of this report to the City Council , Staff will update the website and issue a list-serve message announcing tonight 's meeting with a link to the Staff Report being considered by the City Council. Public Comments At this time , the City has received one public correspondence from Ms . Cicoria (see attachment) questioning the rationale for removing the Archery Range Property from the Preserve , which is addressed by Staff in the discussion section of this report . If additional public comments are received subsequent to the transmittal of this staff report , they will be provided to the Council at the meeting as late correspondence. FISCAL IMPACTS As previously reported , the City 's maintenance costs for Malaga Canyon are estimated to be $19 ,030. These costs would be reduced by $6 ,280 if the property is enrolled in the Preserve . Staff anticipates a small fiscal impact from removing the Archery Range Property from the Preserve since trail signage and maintenance on the property would become the responsibility of the City . Staff estimates this cost to be $500 . Staff does not anticipate any fiscal impact from the reconfiguration of the Preserve boundary with Gateway Park . CONCLUSION Based on the information provided herein , Staff recommends that the City Council enroll the 58-acre Malaga Canyon property into the NCCP Preserve , remove the 40-acre Archery Range Property from the Preserve and reconfigure the Preserve boundary line with Gateway Park , thereby adding an additional 7 acres into the Preserve . ALTERNATIVES In addition to Staff's recommendations , the City Council may cons ider the follow ing alternatives to each independent recommendation : 1. Elect not to enroll Malaga Canyon into the City 's Preserve ; 3-6 PALOS VERDES NATURE PRESERVE -PROPOSED AMENDMENTS TO THE PRESERVE APRIL 1, 2014 PAGE 7 2 . Elect not to remove the Archery Range Property from the Preserve ; 3. Elect not to reconfigure the Preserve boundary line with Gateway Park ; or , 4 . Identify additional concerns and direct Staff to gather more information and continue the meeting to a date certain . ATTACHMENTS • March 14, 2014 PVPLC Letter • Map of Malaga Canyon Property • Map of Archery Range Property • Email Correspondence Between Staff and Wildlife Agencies • Map of Reconfigured Gateway Park • Public Comments 3-7 March 14, 2014 PVPLC Letter Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-8 PRESERVING LAND AND RESTORING HABI TAT FOR THE EDUCATI ON AND ENJOYMENT OF ALL March 14 , 2014 Joel Rojas City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes , CA 90275 Re: Purchase of Ya Yi May and Angeles LLC properties Dear Joel, The Palos Verdes Peninsu la Land Conservancy has participated with you during the outreach to the property owners of the Ya Yi May and Angeles LLC properties as supported the appraisal process for these lands. We are thrilled that the City recently purchased these properties as we support the conservation of these 58± acres. Our Board of Directors has discussed these properties and desires to have them enrolled in the pending Natural Community Conservation Plan (NCCP) and therefore become part of the Palos Verdes Nature Preserve. Enrollment in the NCCP would place these lands within the current framework of land management as identified in the draft NCCP. The habitat management would be provided by the PVPLC. Another outcome of enrolling these lands into the NCCP is that a conservation easement wou ld be placed on the properties granted in favor of the Palos Verdes Peninsula Land Conservancy. Please let me know if there is any additional information that you require in order to have this request considered. I may be reached at 310-541-7613 xJ 204. Andrea Vona Executive Director ? 16 SILVER SPUR ROAD It 207 ROLLING HUH ESTATES. CA 90274 -3826 T 310.541 .7613 F 310.541.7623 WWWPVPLC.ORG 3-9 Map of Malaga Canyon Property Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-10 3-11 Map of Archery Range Property Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-12 3- 1 3 Email Correspondence Between Staff and Wildlife Agencies Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-14 Ara Mihranian From: Joel Rojas Sent: Tuesday, March 25 , 2014 12 :55 PM Ara Mihranian To: Subject: FW : Coastal Port Bend Coastal_portuguese_Bend _Zoning _w ith_201 2 parcel .pdf; Attachments: Coasta l_po rtu g uese _Bend _S pecies _ Vegetation_ w ith_2012 pa reel. pdf From: Joel Rojas Sent: Thursday, December 19, 2013 5 :26 PM To: Woulfe, MaryBeth ; Eric_Porter@fws .gov; Randy Rodriguez (Randy.Rodriguez@wildl ife .ca .gov ) Cc: Andrea Vona (avona@pvplc .org) Subject: Coastal Port Bend Hello As we discussed, the City is proposing to not include the approximate 45-acre former RDA-owned Archery Range parcel in the fina l Preserve des ign for the fo l lowing reasons: 1) Pursuant to the state law that dissolved RDA 's, all former RDA owned properties were required to be transferred to a Successor Agency who was then required to prepare a Long Range Plan for the disposition and use of said properties. The Long Range Plan must be approved by an Oversight Board and by the State Department of Finance. According to the Successor Agency's Long Range Plan, the proposal for this property is to transfer ownersh i p of the prope rty to the City for continued public use. While the Oversight Board has approved said p lan, approval from the Department of Finance is still forthcoming. Placing a conservation easement on this property as would be required of all Preserve properties would be problematic as such action would have to be approved by the Oversight Board and State Department of Finance, entities which the City has no control of and whose purpose is to preserve the value of said properties, something a conservation easement wou ld likely not do. 2) The entire property is severely affected by an active landslide that would make any habitat restoration efforts required by the NCCP impossible to successfully complete. The property is located in the most active port ion of the Portuguese Bend landslide. Movement on the property has been measured at 2 feet to 20 feet per year. 3) Because of the landslide movement, two homes and the City's PVDS arterial highway have migrated onto the property. While the City is currently involved in liti gation to remove the homes and the roadway can be moved back to its proper right-of-way, continued landslide movement will cause other nearby homes and the roadway to cont i nue to migrate onto the parcel over time. 4) The property is encumbered by an easement that predates the RDA's ownership that gives the adjacent Portuguese Bend Cl ub the right to perform remedial grading on the parcel on as needed basis. 5) As shown on one of the attached aerials, about 38 acres of the approximate 40 acres that were slated to be in t he Preserve, are zoned Open Space Hazard (OH) meaning that they would still be conserved as Neutral Lands. 6) As shown on one of the attached aerials, of the approximate 40 acres that were slated to be in the Preserve, there are only approximately 6 acres of CSS, all of which would be still be conserved as Neutral Lands. 7) Despite not being in the Preserve, the City intends to re-designa te the land use of the property in the General Plan as Open Space Conservation, the same classification as the actual NCCP Preserve properties. Therefore, the City requests confirmation from the wildlife agencies that not including said property in the Preserve will not comprom ise the NCCP findings that need to be made for final approval of the City's NCCP. 1 3-15 Thanks and have a happy ho l iday break. Joel 2 3-16 3 - 1 7 Sensitive Species • California Gnatcatcher • South Coast Saltscale (Atriplex Pacifica) Vegetation -CSS - R hus Dominated 3 - 1 8 Ara Mihranian From: Sent: To: Subject: FYI Joel Rojas Tuesday, March 18, 2014 11 :03 AM Ara Mihranian FW : Coastal Port Bend From: Woulfe, MaryBeth [mailto:marybeth_woulfe@fws.gov] Sent: Wednesday, February 26, 2014 9 :50 AM To: Joel Rojas Cc: Eric_Porter@fws.gov; Randy Rodriguez (Randy .Rodriguez@wildlife .ca .gov); Andrea Vona (avona@pvplc .org); Jonathan Snyder Subject: Re: Coastal Port Bend Hi Joel - The U.S. Fish and Wildlife Service (Service) has reviewed your email of December 19 , 2013 , regarding the 45 -acre former RDA-owned Archery Range parcel. We understand that the City is proposing to not include the parcel in the f i nal Preserve design based on the reasons stated in the email below. Pursuant to the City 's requests , the Serv ice confirms that even though the property is being removed from the City's proposed Preserve , the currently proposed Preserve design remains consistent with the goals and objectives of the City's NCCP/HCP. Please let me or Eric know if you have any questions. Thanks , Mary Beth On Thu, Dec 19 , 2013 at 5 :25 PM, Jo e l Roj as <Joe lR@ rpv .co m> wro t e: Hello As we discussed, the City is proposing to not include the approximate 45-acre former RDA-ovvned Archery Range parcel in the final Preserve design for the follO\ving reasons: 1) Pursuant to the s tate law that dissolved RDA 's, all former RDA owned properties were required to be transferred to a Successor Agency who was then required to prepare a Long Range Plan for the disposition and use of sai d properties. The Long Range P lan must be approved by an Oversight Board and by the State Department of Finance. Acco rdin g to the Successor Agency's Long Range Plan, the proposal for this property is to transfer ovvnership of the property to the City for continued public use. While the Oversight Board has approved said plan, approval from the Department of Finance is sti ll forthcoming. Placing a conservation easement on this property as would be required of all Preserve properties would be problematic as such action would have to be approved by the Oversight Board and State Depa1tment of Finance, entities which the City has no control of and whose purpose is to preserve the value of said properties, something a conservation easement wo uld likely not do. 2) The e ntire property is severe ly affected by an active landslide that would make any habitat restoration efforts required by the NCCP impossi ble to su ccessfully complete . The property is located in the most active 1 3-19 portion of the Portuguese Bend landslide. Movement on the property has been measured at 2 feet to 20 feet per year. 3) Because of the landsli de movement. two homes and the City 's PVDS arterial highway have migrated onto the property . While the City is currently inv olved in litigation to remove the homes and the roadway can be moved back to its proper right-of-way , continlled land s lid e movement will Calise other nearby homes and the roadway to continue to migrate onto the parcel over time. 4) The property i s encumbered by an easem ent that predates t h e RDA ·s ownership that gives the adjacent Portuguese Bend Cl ub the ri gh t to perform remedial grading on the parcel on as needed basis. 5) As shown on o ne of the attached aer ia ls, about 3 8 acres of the approximate 40 acres that were slated to be in the Pre serve, are zo ned Open Space Hazard (OH) meaning that they would still be conserved as eutral Lands. 6) As shmvn on one of the attached aerials, of the approximate 40 acres that were slated to be in the Preserve. there are onl y approximate ly 6 acres of CSS, all of which would be stil l be conserved as Neutral Lands. 7) Despite not b ei ng in the Preserve. the C ity intends to re-designate the land use of the property in the General Plan as Open Space Conservat ion . the same c lassification as the actual NCCP Preserve properties. Therefore, the City requ est s confirmation from the wild li fe agencies that not including said property in the Preserve \Nill not co mpromi se the NCCP findings that need to be made for final approval of the City's NCCP. Thanks and have a happy ho liday break . Joel Thanks , Mary Beth Mary Beth Woulfe U.S . Fish and Wildlife Service Fi sh and Wildlife Biologist Section 6 Coordinator 2 3-20 2177 Salk Avenue, Suite 250 Carlsbad, California 92008 760.431.9440, ext. 294 3 3-21 Ara Mihranian From: Sent: To: Subject: FYI Joel Rojas Tuesda y, March 18, 2014 11 :03 AM Ara Mihranian FW: Coastal Port Bend From: Rodriguez, Randy@Wildlife [mailto :Randy.Rodriguez@wildlife .ca .gov] Sent: Wednesday, February 26, 2014 11 :40 AM To: Woulfe, MaryBeth ; Joel Rojas Cc: Eric_Porter@fws.gov; Andrea Vona (avona@pvplc .org); Jonathan Snyder; Mayer, David@Wildlife Subject: RE : Coastal Port Bend Hi Joel/ A ll : T h e Department h as also r eviewed yo ur 12 /19 /13 e-mail on th e former RDA parcel. \Ve also confirm that even if the property is removed from th e City's NCCP preser ve, the propose d preserve design would remain substantiall y consistent with the goals/ o b jectives of the City's draft CCP /HCP that we expect to complete this year. If yo u h ave any fu rth er qu estions, please let me or Dave know. Thank yo u, Randy From: Woulfe, MaryBeth [mailto:marybeth woulfe @fws.gov] Sent: Wednesday, February 26, 2014 9:50 AM To: Joel Rojas Cc: Eric Porter@fws.gov; Rodriguez, Randy @Wildlife; Andrea Vona (avona @pvplc.org); Jonathan Snyder Subject: Re: Coastal Port Bend Hi Joel - The U.S. Fish and Wildlife Service (Service) has reviewed your email of December 19 , 2013 , regarding the 45-acre former RDA-owned Archery Range parcel. We understand that the City is proposing to not include the parce l in the final Preserve design based on the reasons stated in the email below. Pursuant to the City 's requests , the Service confirms that even though the property is being removed from the City 's proposed Preserve , the currently proposed Preserve design remains consistent with the goals and objectives of the City 's NCCP/HCP . Please let me or Eric know if you have any questions . Thanks , Mary Beth On Thu , Dec 19 , 2013 at 5:25 PM, Joel R ojas <Joe lR{a),rp v.co m > wrote: Hello As we discussed. the City is proposing to not include the approximate 45 -acre former RDA-owned Archery Range parcel in the final Preserve design for the following reasons : 1 3-22 1) Pursuant to the state law that dissolved RDA ·s. all former RDA owned prope1iies were required to be transferred to a Successor Agency who was then required to prepare a Long Range Plan for the disposition and use of said properties. The Long Range Plan must be approved by an Oversight Board and by the State Department of Finance. According to the Successor Agency's Long Range Plm1 , the proposal fo r this property is to transfer ownership of the property to the City for continued public use. While the Oversight Board has approved said plan, approval from the Department of Finance is still forthcoming. Placing a conservation easement on this property as would be required of all Preserve properties would be problematic as such action wou ld have to be approved by the Oversight Board and State Departm.ent of Finance, entities which the City has no contro l of and whose pmpose is to preserve the value of said properties , something a conservation easement wou ld likely not do. 2) The entire property is severely affected by an active landslide that would make any habitat restoration effort s required by the NCCP impossible to successfully complete. The property is located in the most active portion of the Portuguese Bend landslide. Movement on the property has been measured at 2 feet to 20 feet per year. 3) Because of the landslide movement. two homes and the City's PVDS arterial highway have migrated onto the property. While the City is currently involved in litigation to remove the homes and the roadway can be moved back to its proper right-of-way. continued landslide movement will cause other nearby home s and the roadway to continue to migrate onto the parcel over time. 4) The property is encumbered by an ea se ment that predates the RDA ·s ownership that gives the adjacent Portuguese Bend Club the right to perform remedial grading on the parcel on as needed basis. 5) As shown on one of the attached aerials, about 38 acres of the approximate 40 acres that \Vere slated to be in the Preserve, are zo ned Open Space Hazard (OH) meaning that they would still be conserved as Ne utral Lands. 6) As shown on one of the attached aerials, of the approximate 40 acres that were slated to be in the Pre serve, there are only approximately 6 acres of CSS , all of which would be still be conserved as Neutral Lands. 7) Despite not being in the Preserve, the City intends to re-designate the land use of the property in the General Plan as Open Space Conservation, the same classification as the actual NCCP Preserve properties. Therefore, the City requests confirmation from the wildlife agencies that not including said property in the Preserve will not compromise the NCCP findings that need to be made for final approval of the City's NCCP . Thanks and have a happy holiday break. Joel 2 3-23 Thanks, Mary Beth Mary Beth Woulfe U.S. F ish and Wildlife Service Fish and Wildlife Biolo gist Section 6 Coordinator 2 177 Salk Avenue, Suite 250 Carlsbad , California 92008 760.4 3 1.9440 , ext. 294 3 3-24 Map of Reconfigured Gateway Park Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-25 Gateway Park Gateway Park Reconfiguration 3 - 2 6 Public Comments Proposed Amendments to the Palos Verdes Nature Preserve April 1, 2014 City Council Meeting 3-27 Ara Mihranian From: cicoriae@aol.com Sent: To: Thursday, March 20 , 2014 10:26 AM Ara Mihranian Subject: Fw d : parcel seaward of Gate w ay Park Ara , thank you for your prompt reply. The problem with this : If the property is removed from the NCCP , Staff proposes that it remain as open space and change the land use designation to Open Space Conservation to ensure the property and trails remain open to the public . is that it can change on a whim . I was hoping to understand the rationale for remov ing the NCCP protection s before the staff report comes out. I won't have more to say before then , so please convey my concerns to C ity Council by includin g this email stream in the packet for April 1. Thank you . Eva -----Original Message----- From: Ara Mihranian <AraM@rpv.com> To : cicoriae <cicoriae@aol.com> Sent: Wed , Mar 19, 2014 4 :30 pm Subject: RE: parcel seaward of Gateway Park Hi Eva , First off, I want to clarify that the City Council meeting is on April 1st not April 2nd. The list-serve message had the wrong date in the subject line but the correct date in the body of the message. The correct date will be cited in next week 's list- serve that announces the availability of the staff report. You are correct , a sliver of inspiration point is part of what is referred to as the archery range property . The Council has not made a decision on this proposed change and will be presented w ith the rationale for consideration at its April 1 st meeting . In other words the property has not been removed . The Council may decide not to support Staff's recommendat ion and keep the property enrolled in the NCCP preserve . I am working on the Staff Report now. If the property is removed from the NCCP , Staff proposes that it remain as open space and change the land use designation to Open Space Conservation to ensure the property and tra il s remain open to the public. More information will be in the April 1 st City Council Staff Report . If you have concerns you would lik e the Counc il to review as part of the Staff Report , please send them to me by Tuesday next week. Ara Ara Michael Mihranian Deputy Director of Community Development 30940 Hawthorne Blvd . Rancho Palos Verdes , CA 90275 1 3-28 310-544-5228 (telephone) 310-544-5293 (fa x) aram@rpv .com www .palosverdes .com/rpv Do you really need to print this e-mail? This e-mail message co ntains information belonging to the City of Rancho Palos Ve rd es , which may be privileged , confidential and /or protected from disclosure . The information is in tende d only for use of the individual or entity named . Unauthorized dissemination , distribution , or copy ing is strictly prohibited . If yo u received this emai l in error, or are not an intended recipient , please notify the sender immediately . Thank you for your ass istance and cooperation . From: cicoriae@aol.com [mailto :cicoriae@aol.com] Sent: Wednesday , March 19 , 2014 2 :35 PM To: Ara Mihranian Subject: parcel seaward of Gateway Park Hi Ara , I am concerned about this item in the recent listserv announcement for the April 2 City Counc il meeting : " ... the Council will be asked to amend , at a later date , the Management Agreement and the PUMP Document to reflect the removal of the Archery Club property from the Preserve ... " I believe that the reference to the "Archery Club property" includes a long stretch of property on the ocean s ide of Pa lo s Verdes Drive South that extends from the Portuguese Bend Club to Inspiration Po int. Can you confirm , please? When was the "Archery Club property " removed from the Preserve? When was the publ ic notified of a public hearing regarding its removal? Or has it not been removed and it w ill be discussed at the April 2 meeting? When the Palos Verdes Nature Preserve was being formed , we were told that the goa l was to set aside contiguous natural open space to the extent possible . The City committed to contribute certa in lands to the cause , including the parcel you are calling the Archery C lub property . Why is the City now see ki ng to remove it from the protections of the NCCP and what does the City plan to do with the parcel , in particular the section that actual ly includes the arc hery range and abuts , and based on the map I have seen includes part of, Insp irat ion Point ? Eva 2 3-29