RPVCCA_DM_2010_05_04_2010_03_31_02_MinsDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
MARCH 31,2010 (CONTINUED FROM MARCH 30,2010)
The meeting was called to order at 7:29 P.M.by Mayor Wolowicz at Fred Hesse
Community Park,29301 Hawthorne Boulevard,notice having been given with affidavit
on file.
City Council roll call was answered as follows:
PRESENT:Campbell,Long,Misetich,Stern,and Mayor Wolowicz
ABSENT:None
Also present were Carolynn Petru,Deputy City Manager;Carol Lynch,City Attorney;
Dennis McLean,Director of Finance/Information Technology;Joel Rojas,Community
Development Director;Ara Mihranian,Principal Planner;and,Carla Morreale,City
Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tem Long.
APPROVAL OF THE AGENDA:
Councilman Stern stated that an item needed to be added to the agenda on an
emergency basis.He reported that the item and resolution would set forth the decision
of the City Council not to acquire the 16 Monks'Plaintiffs lots and documents the
actions the City Council has taken to purge the City of the obligation to purchase the
properties.
City Attorney Lynch reported that the City has been unable to settle the Monks case to
this point and an item needed to be added to the agenda due to the fact that the Monks
trial commences on April 5,2010,which is one day prior to the next Council Meeting.
She stated that it is necessary to have the resolution in place as a way to demonstrate
to the court that the Council has taken all the necessary action to eliminate the taking of
the property and that there are sufficient grounds to add this item to the agenda with a
4/5ths vote of the City Council.
Councilman Stern moved,seconded by Mayor Pro Tem Long,approval of the agenda
with the addition of this item.
The motion passed on the following roll call vote:
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March 31,2010
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AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
Item Added to the Agenda with 4/5ths Vote of the City Council due to an
Immediate Need to Take Action:
Monks Plaintiffs Case -Resolution No.2010-21
Councilman Stern moved,seconded by Mayor Pro Tem Long,to ADOPT
RESOLUTION NO.2010-21,AS AMENDED,A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, SETTING FORTH THE CITY
COUNCIL'S DETERMINATION THAT THE CITY SHOULD NOT ACQUIRE THE 16
LOTS OWNED BY THE MONKS PLAINTIFFS AND DOCUMENTING THE ACTIONS
THAT THE CITY COUNCIL HAS TAKEN TO PURGE THE CITY OF THE OBLIGATION
TO PURCHASE THE PROPERTIES.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
PUBLIC HEARINGS (Continued from March 30,2010):
Appeal of the Planning Commission's Conditional Approval of the Marymount
College Facilities Expansion Project:Conditional Use Permit (CUP)No.9 -
Revision "E,"Grading Permit,Variance,Minor Exception Permit,Master Sign
Permit and Environmental Assessment (Case No.ZON2003-00317)location:
30800 Palos Verdes Drive East
City Clerk Morreale reported that the public hearing was continued from March 30,
2010.
Mayor Wolowicz stated that public comments were concluded on March 30,2010,and
that the Council would be receiving a presentation from staff regarding items raised the
previous evening,asking questions of staff,and then moving to the deliberation and
decision phases of the public hearing.
Principal Planner Mihranian provided a brief staff report and PowerPoint presentation in
response to inquires from the City Council the previous evening.He stated that there
was currently no condition regulating the hours of operation for Marymount College
under its current CUP and that there was a new condition per the Planning Commission
approval regarding hours of operation.He reported that the existing site consists of
24.57 total acres,with 13 acres improved area and 11.5 acres of unimproved area.He
noted that the proposed project would equate to approximately 45 percent lot coverage
consisting of building footprint,hardscape,parking and driveway areas,and
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March 31,2010
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approximately 11.2 percent of actual building footprint.He stated that staff's research
has demonstrated that the Palos Verdes Drive North campus is comprised of 11.04
acres in totality which has no restricted uses according to the deeds.He noted that staff
reevaluated the East Parking Lot setback and would like to modify its recommendation
to reduce the setback to 140-feet rather than 260-feet for Council's consideration based
on the visual character and general operation of the parking lot and the close proximity
to the properties on San Ramon.He reported that the distance from the property line to
the northwest portion of the athletic field in Alternative 0-2 is 50 feet and the southwest
portion is approximately 70 feet,with the installation of a six-foot wrought iron fence
along the curvature of the property and a 42-inch fence and landscape buffer along the
parking lot.He reported on the possibility of maintaining the athletic field in its existing
location and reconfiguring it;the need for a retaining wall;required netting in several
locations;relocation of parking spaces;and the need for updating irrigation and
drainage plans to address concerns regarding excessive watering;a condition to require
existing mature vegetation to be preserved and used as landscape screening to
minimize the visual impact of the athletic building;a condition to restrict any structures
on the south slope,which could be amended later with a conditional use permit.
Council and staff discussion ensued regarding relocation of parking;outdoor
amplification of activities;rock cutting and stone masonry work;reviews after 6 months
of each construction phase and after 18 months after completion of the total
construction;and consideration of options if problems still exist regarding street parking
after the completion of the project.
Parking
Mayor Pro Tem Long moved,seconded by Councilman Stern,to accept the findings
and recommendations of staff regarding the proposed 463 parking spaces,with parking
conditions subject to review and additional mitigation after 6 months of each phase,and
after 18 months of completion of the entire project.
Without objection,Mayor Wolowicz so ordered.
Grading
Mayor Pro Tem Long moved,seconded by Councilman Stern,to accept staff findings
and recommendations with respect to the amount of grading with the understanding that
if deviations greater than those anticipated and proposed on the grading plans are
determined later,Council will be apprised of the findings for further review and
mitigation.
Without objection,Mayor Wolowicz so ordered.
Construction
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Council and staff discussion ensued regarding the topics of the length of construction
activity and the acceptable conditions of the site between phases of construction.
Mayor Wolowicz moved,seconded by Councilman Misetich,to allow one phase of
construction to be completed within three years.
Council discussion continued.
Mayor Pro Tem Long moved,seconded by Councilman Campbell,to reopen the public
hearing for Marymount College representatives and CCC/ME representatives to be
allowed a total of three minutes each to provide input regarding the proposed
construction schedule of one 3 year long construction period in one phase.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,and Stern
Mayor Wolowicz
Don Davis,Burke Williams and Sorenson,legal counsel for Marymount College,stated
that the reality of a 3 year long construction period would be devastating and not
possible and that Marymount College would certainly have to return to Council for
extensions.He noted that there would be a six month ramp up time period before the
construction would begin to allow for the installation of utilities,grading,etc.He stated
that the before grading can begin there would be the necessary demolition of existing
parking lots,excavation of building pads,and landscape mitigations,all to be done
during the summer months.
Lois Karp,Concerned Citizen's Coalition/Marymount Expansion CCC/ME,stated that
the original application for the project was not approved through a phased
Environmental Impact Report (EIR)and noted that the neighbors are asking for a
continuous 3 year period of construction from the time construction begins so that the
quality of life for the neighbors is retained.
Mayor Pro Tem Long moved a substitute motion,seconded by Councilman Campbell,
to allow three years of construction over a period of 6 years,arranged so that the Phase
I could be performed over two summers to commence from the time of approval of the
project.
Mayor Wolowicz moved a substitute to the substitute motion,seconded by Councilman
Misetich,to have the three year period begin when onsite physical work commences.
The substitute to the substitute motion failed on the following roll call vote:
AYES:
NOES:
Misetich and Mayor Wolowicz
Campbell,Long,and Stern
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Councilman Campbell moved,seconded by Councilman Stern,to allow Marymount
College one minute to answer a question regarding their view of a six year construction
period beginning from the time of approval,which would allow a little under 5 years for
construction activities after the initial start up period.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,and Stern
Misetich and Mayor Wolowicz
Dr.Michael Brophy,President,Marymount College,in response to the question replied
that this proposition was not tenable and acceptable to Marymount College,since this
possibility was never discussed during the three years that phased construction has
been discussed with the applicant and appellant.
Mayor Pro Tem Long withdrew the pending motion and moved a substitute motion,
seconded by Councilman Stern,to allow three years of construction over a period of
eight years,as per the staff recommendations.
The substitute motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,and Stern
Misetich and Mayor Wolowicz
Athletic Building
Councilman Stern moved,seconded by Mayor Pro Tem Long,to adopt the staff
recommendation to lower the roof and require landscaping on the south side of the
building,but not require the 10 foot reduction in the footprint of the athletic building as
previously suggested by staff.The landscaping conditions would include boxing of
existing mature trees to preserve as many as possible,based on the City arborist's
recommendation,with the intent to replant them following the completion of the grading
in Phase I,based on staff's review and approval of the landscape plans,to screen the
athletic building and retaining walls along the south slope.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 9:23 P.M.to 9:34 P.M.
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Athletic Field
Council discussion ensued regarding the location of the athletic field on the project site;
the configuration of other athletic fields in the City of Rancho Palos Verdes;
Mayor Pro Tern Long moved,seconded by Councilman Stern,to approve the location of
the athletic field in the location as described in Alternative 0-2,with 30-foot high netting,
20 foot tennis fencing,and a review after 6-18 months regarding the placement of a
concrete median along Palos Verdes Drive East,along the area of the location of the
soccer field.
Mayor Wolowicz moved a substitute motion,seconded by Councilman Misetich,to
approve the location of the athletic field in its current location,as described in
Alternative 0-1,with redesign in compliance with Fire Department Fire Lane
requirements.
Council discussion ensued.
Mayor Pro Tern Long withdrew his initial motion and moved a substitute motion,to
approve the location of the athletic field in the location as described in Alternative 0-2,
with 30-foot high netting,20 foot tennis fencing,and the placement of a concrete
median along Palos Verdes Drive East,along the area of the location of the soccer field.
The motion died for a lack of a second.
Further Council discussion continued.
Mayor Wolowicz reiterated his motion,seconded by Councilman Misetich,to approve
the location of the athletic field in its current location,as described in Alternative 0-1,
with redesign in compliance with Fire Department Fire Lane requirements.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Misetich,and Mayor Wolowicz
Long and Stern
Council discussion continued regarding water use and drainage of the athletic field,and
the possible use of artificial turf on the field.
Don Davis,stated that the college was not going to build the athletic field in the
described in Alternative 0-1;noted that the location they would build it in was described
in Alternative 0-2;and requested that it be denied since the college will not redesign its
plan to build the athletic field in the Alternative 0-1 location.
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Modular Buildings
Council discussion ensued regarding screening of the modular buildings.
Councilman Stern moved, seconded by Mayor Pro Tem Long,to reject the appeal and
upheld staff's recommendation to allow modular buildings,subject to staff's proposed
conditions.
Without objection,Mayor Wolowicz so ordered.
Affordable Housing
Mayor Pro Tem Long moved,seconded by Councilman Stern,to reject the appeal
regarding affordable housing due to the fact that the project,as currently proposed,is
exempt from providing affordable housing based on the City's Municipal Code.
Without objection,Mayor Wolowicz so ordered.
EIR Certification
Council discussion ensued regarding the original project with residence halls,which
were later withdrawn from the project.
Councilman Stern moved,seconded by Mayor Pro Tem Long,to certify the EIR with
respect to all the environmental issues,including Appendices A and D,except for the
analysis of the residence halls.
Without objection,Mayor Wolowicz so ordered.
Statement of Overriding Considerations
Mayor Pro Tem Long moved to adopt the Statement of Overriding Considerations.
Principal Planner Mihranian reported that with the Council's earlier decision to adopt the
athletic field in the Alternative D-1 location,results in relocating the parking spaces to
the western portion of the campus,the environmental document concluded that there
would be a significant and unavoidable impact with regards to aesthetics and noise,
which would require a Statement of Overriding Consideration on four items instead of
two items.
Council and staff discussion ensued regarding the parking on the site and the location
of the athletic field.
Athletic Field (continued)
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Mayor Pro Tern Long moved,seconded by Councilman Stern,to deny the location of
the soccer field entirely,as suggested by Marymount College's attorney,so that parking
can be retained on the east side of the property and to avoid relocating the parking to
the west side of the campus as proposed under Alternative 0-1 which results in a
significant and unavoidable impact in regards to visual character/aesthetics and noise.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,and Stern
Misetich and Mayor Wolowicz
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 10:58 P.M.to 11 :08 P.M.
Statement of Overriding Considerations (continued)
Councilman Stern moved,seconded by Mayor Pro Tern Long,to adopt the Statement of
Overriding Considerations for short-term construction noise impacts and cumulative
traffic impacts.
Without objection,Mayor Wolowicz so ordered.
Driver Training
Council discussion ensued regarding traffic and Marymount College's willingness to
offer driver training courses for incoming students.
Councilman Stern moved,seconded by Mayor Pro Tern Long,to add a Conditional Use
Permit condition to require incoming Marymount College students to take a driver
training course regarding local roadway conditions.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
CUP Findings
Council discussion ensued regarding the findings for the CUP.
Mayor Wolowicz moved,seconded by Councilman Misetich,to adopt the Conditional
Use Permit findings for everything except the athletic field and residence halls,with
findings to be developed by staff and brought back in the resolutions.
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2-8
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
Hours of Operation
Councilman Stern moved,seconded by Councilman Campbell,to modify Condition No.
18 to include hours of operation as one of the items to be considered along with all
other aspects stipulated in the condition during the 6 month review after each phase
and after 18 months of completion of the entire project.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Stern,and Mayor Wolowicz
Misetich
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 11 :40 P.M.to 11 :44 P.M.
General Plan
Mayor Pro Tern Long moved,seconded by Councilman Stern,to deny the appeal and
determine that the project as proposed is compatible with the General Plan.
The motion passed on the following roll call vote:
AYES:
NOES:
Split Campus
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
Council and staff discussion ensued regarding the athletic field relocation to the Palos
Verdes Drive North campus.
Mayor Pro Tern Long moved,seconded by Councilman Stern,to reject Alternative No.3
and uphold the findings of the Planning Commission regarding the Split Campus
Alternative as not being feasible in minimizing environmental impacts
The motion passed on the following roll call vote:
AYES:
ABSTAIN:
NOES:
Campbell,Long,Stern,and Mayor Wolowicz
Misetich
None
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Reject Appeal
Mayor Pro Tern Long moved,seconded by Councilman Stern,to deny all other points of
the appeal not specifically addressed and acted upon.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Stern,and Mayor Wolowicz
Misetich
Proposed Revisions to CUP
Council,staff,and applicant discussion ensued regarding the proposed revisions to the
CUP submitted by Marymount College in a 28-page letter dated March 26,2010 and a
supplemental three-page hand-out titled "Marymount College Campus Modernization
Plan -City Council Hearing:March 30,2010 -Proposed Revisions to CUP."
Mayor Pro Tern Long moved,seconded by Councilman Stern,to approve changes to
Condition No.140 to include minor wording changes as presented by the college,and
denied all others that have not previously been acted on or withdrawn.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
Parking Setback
Mayor Pro Tern Long moved,seconded by Councilman Stern,to Accept Marymount
College's proposal for an 80 foot parking lot setback as approved by the Planning
Commission,rather than Staff's recommendation.
The motion passed on the following roll call vote:
AYES:
NOES:
Campbell,Long,and Stern
Misetich and Mayor Wolowicz
Mayor Wolowicz declared the public hearing closed.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council provided unanimous direction to the City
Attorney's Office regarding the Monks'case with no action taken,with all members
present.
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ADJOURNMENT:
At 12:39 A.M.on April 1,2010,Mayor Wolowicz adjourned the meeting to an Adjourned
Regular Meeting on Tuesday,April 6,2010 at 6:00 P.M.at Hesse Park to conduct
interviews of applicants for the Finance Advisory Committee vacancy and position of
Chair.
Mayor
Attest:
City Clerk
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