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20100504 Late CorrespondenceF MADE A PART OF TAE RECORD Al NCIL MEETING OF 4, A OFFICE OF THE CITY bLEAK CARLA MORREALE, CITY CLERK M Alternative D-1, Option 3 Parking This is the feasible alternative parking for Option 3 that adds &'�* new parking spaces in an area already approved for aesthetic compliance.', ,&, U k�/ .'aake v' 5TUDIENT PA12eIMA Aesthetics — • Lot Lighting 7-�:' -n -q!:- Fd Meet the New Collision Barrier CITY OF RANCHO PALOS ERR PALOS ??f *?2 DRIVE EAST BARRIER WALL ANALYSIS en C, 444 South Flower Street - Suite 2400 Los Angeles, California 90071-2953 voice 213.236.0600 - fax 213.236.2700 BURKE, WILLIAMS & SORENSEN, LLP www,bwslaw.com May 3, 2010 VIA E-MAIL & Hand Delivery Steve Wolowicz, Mayor Members of the City Council City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Writer's Direct Dial: (213)236-2702 Our File No: 04693-0001 ddavis@bwslaw.com Re: Marymount Campus Modernization Plan: City Council Hearing of May 4, 2010 Dear Mayor Wolowicz, Mayor Pro -Tem Long, and Councilmembers Campbell, Misetich, and Stern: For the reasons set forth in this letter and in the record of these proceedings, Marymount College requests that the City Council take the following actions at its meeting of May 4, 2010: (1) approve the College's application for outdoor athletic facilities on the west side of the campus; (2) reject the east side athletic field CEQA alternatives; (3) clarify or modify the Council's direction with respect to proposed Condition of Approval No. 136 regarding outdoor campus events; and (4) acknowledge Marymount's offer to make a contribution towards potential City traffic safety improvement to Palos Verdes Drive East near the campus. 1. Approve Marymount's application for an athletic field and tennis courts on the west side of the campus with the recommended additional netting and fence heights. Marymount appreciates the City Council's apparent willingness to reconsider its denial of the College's application to build a multi-purpose athletic field on the western portion of its campus. Approval of either of the College's athletic field proposals would be fully consistent with the City Council's prior vote on March 31, 2010 to certify the project's Final Environmental Impact Report (FEIR) in that the FEIR found that both the College's original application for the field at the far westerly side of the campus and its alternative application shifting the field slightly to the east (Alternative No. D-2), with the incorporation of certain mitigation measures, would not result in any significant environmental impacts. LA #4819-02994694 v I MADE A PART OF T&�IIFIHE RD NCIL MEETING OF OFFICE OF THE CIT CARLA MORREALE, CISRK BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 2 As indicated in the staff report for this meeting, the FEIR recommended the use of retractable netting that could be elevated to approximately 20 feet in height to contain errant balls. (See Mitigation Measure TR -6.) The Council has directed staff to assess the feasibility and potential impacts of increasing the height of the netting up to 30 feet. Staff concludes at p.13-10 of their report that "the limited use of a retractable net, at a height of 30 -feet, would [not] result in adverse view impacts experienced from the roadway or from neighboring properties to the north." The College's concurs with this determination based on the facts presented in the staff report. The College further notes that because the field is actually cut into the site, there is a 10-12 foot height difference between the surface of the field and the surrounding "berm" on the north side of the field, and thus less than 20 feet of netting (80% open to light and air) would actually be exposed to public view in this vicinity. The College's architect has indicated that it is feasible for the College to provide the suggested 10 additional feet of net height. Accordingly, if desired by the City Council, the College is prepared to accept, as a condition of approval, providing additional mitigation beyond Measure TR -6, in the form of retractable netting along the northwestern and southwestern corners of the athletic field. In terms of preferred site plans, with the additional field netting, the College hopes that the City Council would also reconsider approving Marymount's original site plan for the athletic field and tennis courts because it does not separate or impact the instructional and competitive use of the tennis courts as does Alternative No. D-2.' On the other hand, if the City Council is only willing to approve the College's other submittal (Alternative No. D-2), which proposes to shift the field further east by placing two tennis courts at the most westerly side of the campus, then the College requests that the fencing for these tennis courts remain at 10 feet, or if additional fence height is desired, then such additional height should be limited to the west and south sides of the courts, which are closest to the road, and not the entire perimeter of the courts. 2. Reject CEQA athletic field Alternative No. D-1 as environmentally inferior and infeasible. Marymount was surprised and disappointed to see that significant additional time and resources were spent trying, but ultimately failing, to find a configuration for an athletic field on the east side of campus under Alternative No. D-1 that would not result in significant new and unavoidable environmental impacts. As stated on pages 13-6 and 13-8 of the staff report, each of the two additional alternative field configurations studied would necessitate placing additional parking where it would create a significant aesthetic impact to the College's neighbors to the north. Accordingly, the City Council has no legal authority under CEQA to recommend any of the variations on Alternative No. D-1. See attached original field site plan and cross-sections showing difference in grade between the field and PVDE. LA #4819-0299-4694 v BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 3 Under CEQA, a project alternative may only be considered where it: (1) offers substantial environmental advantages over the project proposal; and (2) may be feasibly accomplished in a successful manner considering economic, environmental, social and technological factors involved. (Pub. Resources Code §§ 21002, 21061.1; CEQA Guidelines § 15364; Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565.) Because none of the three alternative site plans analyzed under Alternative No. D-1 fully avoids significant effects on the environment based on the evidence presented by staff, the first prong of this test is not satisfied, and therefore under CEQA, no further consideration of these alternatives is warranted. (See Public Resources Code § 21002.1 and CEQA Guidelines § 15126.6; see also Mann v. Community Redevelopment Agency (1991) 233 Cal.App.3d 1143, 1151 [alternative properly rejected due to lack of evidence demonstrating a substantial environmental benefit].) For the record, Marymount offers the following additional potential environmental impacts as grounds to reject the two further configurations for Alternative No. D-1 analyzed in the staff report. Marymount is compelled to do so because the staff report omits some potentially significant issues previously raised by staff under very similar circumstances with respect to the College's proposal to construct residence halls and an athletic building in the same general vicinity. • The alternatives would require construction on a man-made extreme slope, which activity staff has previously discouraged and recommended that the Planning Commission not support with respect to the College's application for the residence halls. • The alternatives would require significant grading of the extreme and natural slope in order to construct retaining walls at heights of 30-40 feet,2 which activity would be inconsistent with General Plan Urban Environment Element Policy 11 [control alteration of natural terrain]. • Retaining walls with heights up to 30-40 feet running the length or width of the field and extending down over the slope would appear to introduce a new visual character impact far greater than the minimal intrusion of the athletic building that staff previously recommended be pushed back 10 feet from the top of the slope. 2 Although the staff report estimates the maximum retaining wall heights at 20-25 feet, the College's consultants believe the resulting heights would be 30-40 feet (based on a surface elevation of the field of about 908' or 910'. LA #4819-0299-4694 v I BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 4 According to the College's engineering geologist, Associated Soils Engineering, Inc., the use of retaining walls in this area would likely require a caisson and grade beam foundation system at depths on the order of 1 to 1.5 times the height of the proposed walls. This could introduce significant new geologic and soil issues, and these potential new construction impacts would, at minimum, need to be evaluated for their significance due to the proximity of the retaining walls to adjoining residential properties. Finally, with respect to the "feasibility" prong of the CEQA-test for project alternatives, these configurations are not feasible for the College from a practical planning standpoint or economically. The western portion of the campus allows Marymount flexibility to alter the configuration of the field should such future need arise. The proposed east -side configurations offer no such flexibility, as any alteration to the field would, at minimum, require the construction of costly new and higher retaining walls. In terms of costs, the west -side field can be made of natural grass and is estimated to cost less than $500,000. An athletic field on the east side of campus, according to the College's construction management firm (Stegeman and Kastner, Inc.), would add incremental construction costs in excess of $1.6 million to this figure due to the costs associated with the use of synthetic turf (approx. $850,000) and the grading and extra construction needed for a field resting on massive retaining walls that extend over a slope.3 In sum, the lack of any superior environmental benefits to an east -side field and the infeasibility of such a plan have been readily apparently to the College since the outset of this project, which is why the College has only applied for and is only prepared to construct an athletic field on the west side of its campus. Marymount respectfully requests that the City Council also accept these facts and approve the College's application to construct an athletic field and tennis courts on the west side of campus, with the additional mitigation measures proposed by staff. 3. Amend Proposed CUP Condition No. 136 establishing a new cap on outdoor campus events, including religious services. At the hearing on March 31, 2010, Marymount requested that the City Council either reject or modify the changes being proposed by staff to CUP Condition No. 136 as it was approved by the Planning Commission. 3 See attached Stegeman and Kastner letter dated April 30, 2010. LA #4819-0299-4694 v1 BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 5 The condition approved by the Planning Commission read as follows: 136) The use of outdoor amplification equipment, with the exception of annual graduation ceremonies, shall be prohibited unless a Special Use Permit is obtained. Such activities and other outdoor events should attempt to be located as far away from residential areas as possible. Subsequent to such approval, in their report of September 12, 2009, staff proposed to amend the condition to establish a cap on the number of outdoor events that could take place on campus using amplified sound pursuant to a special use permit as permitted under the current CUP. Here is the amendment offered by staff: 136) The use of outdoor amplification equipment for outdoor eventsshall be prohibited unless a Special Use Permit is obtained. Prior to September 1St of each year, the College may request an annual Special Use Permit to conduct no more than 24 outdoor events that include amplified sound, including sporting events, graduation ceremonies, and evening tent events, during the next 12 months (ending August 31s) Such activities and other outdoor events shall be allowed to occur at Chapel Circle, the plazas adjacent to the Library and the Auditorium (as shown on the site plan approved by the City Council), and the outdoor pool area. The Athletic Field and Tennis Courts may only be used with amplified sound for graduation ceremonies . In the early morning hours of April 1, 2010, Mayor Pro -Tem Long made an omnibus motion that attempted to address all of the College's concerns regarding the CUP. Without explanation, the request to amend this condition was denied. This result is inconsistent with the City Council's general position not to change existing conditions where there is no evidence to support such changes such as the appellant's attempt to restrict the approved campus hours of operation. Here, staff has never offered any substantive explanation as to the need for such a cap, other than its apparent recognition there was no cap on outdoor events. This amendment is a particularly unwarranted intrusion on campus operations due to the fact that the City already has in place a vehicle to monitor such events in the form of the Special Use Permit requirement. Although the SUP process creates an added burden on the College, Marymount has lived with this process for two decades, in part, because changes can be made administratively by staff in a relatively prompt manner. The proposed arbitrary cap on events, however, would require a discretionary approval and noticed public hearing before it could be amended should the College need a add a single additional event. Accordingly, the College requests that as part of its direction to Staff on the preparation of the final project resolutions that these staff changes be deleted altogether or modified as set forth below to allow a more reasonable number of events (e.g., 35 events). LA #4819-0299-4694 v BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 6 Here is Marymount's proposed revision: 136) The use of outdoor amplification equipment for outdoor eventsshall be prohibited unless a Special Use Permit is obtained. Prior to September 1st of each year, the College may request an annual Special Use Permit to conduct no more than 35 outdoor events that include amplified sound during the next 12 months (ending August 31). Such activities and other outdoor events should attempt to be located as far away from residential areas as possible. 4. Marymount supports the recommended traffic safety improvements proposed for Palos Verdes Drive East in the vicinity of the College identified in the Preliminary Study Report previously accepted by the City Council, and would be willing to make a significant contribution towards the inclusion of a concrete median barrier as part of such City project. As a matter separate from the College's proposed campus modernization plan, the College has reviewed the Palos Verdes Drive East (PVDE) Preliminary Study Report ("Report") commissioned by the City and subsequently accepted by the City Council earlier this year. The College was at the time, and remains, supportive of the recommended safety improvements for the segment of roadway between the College and Ganado Drive, which include: • Reduce the width from four lanes to two lanes. • In conjunction with the lane reduction, provide a two-way left turn lane. • In conjunction with the lane reduction, provide right turn/deceleration lanes on the southbound side, where feasible. • Install bike lanes on both sides of the street.4 Marymount understands that during the public meetings on the draft Report some residents actually suggested the construction of a concrete median barrier along the curve between the College and Ganado Drive, but such an improvement was ultimately not included in the adopted Report. The College further understands that the City Council may have a renewed interest in the potential inclusion of a median barrier along this segment of PVDE as part of its future roadway safety improvement project, and the College has reviewed with interest the feasibility analyses and cost estimates for such a median prepared by Willdan Engineering and Adams Engineering that were included in the agenda packet. 4 See Report at p.85 LA 44819-0299-4694 v1 BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 7 Of the two studies, the second median barrier option proposed in the Willdan study appears to be the most compatible with the safety improvements that have already been endorsed by the City Council in the Report, and also appears to be both feasible and cost- effective. In reviewing the breakdown of Willdan's $455,400 cost estimate for this option, the costs directly attributable to the addition of a concrete barrier (i.e., excluding the pre-existing road narrowing, lane restriping, and drainage work) appear to be on the order of approximately $100,000. Marymount has had a long-standing desire to see traffic safety improvements made to PVDE in the vicinity of the campus. To that end, the College would be prepared to contribute up to $200,000 towards the construction of a concrete median barrier in this segment of PVDE along with the related safety measures previously identified and approved by the City Council in the Report if the City proceeds with such a project. If subsequently desired by the Council, the College would be willing to confirm this offer as part of a more formal contribution agreement. In conclusion, Marymount appreciates the Council's consideration of the four matters set forth in the letter, and trusts that the scheduled hearing is truly the last hearing before the Council takes its long-awaited final action on the FEIR and requested entitlements for Marymount's campus modernization plan. Sincerely, BURKE, WILLIAMS & SORENSEN, LLP `�k,L s 7/yA DONALD M. DAVIS Attachments: Stegeman and Kastner letter dated April 30, 2010 (alternative field costs) cc: (Via E -Mail only) Dr. Michael Brophy Michael Laughlin, Psomas Joel Rojas, Community Development Director Ara Mihrananian, Principal Planner Carol Lynch, City Attorney Dave Snow, Assistant City Attorney LA #4819-0299-4694 v1 Jig Original 1 TEMPORARY NE FENCE EVENT5. NETTING T 20' HIGH WITH TELE5GOPIN6 P AT 30' O.G. PARTIAL 51TE FLAN layout jim preferred by — • v`%iCollege r. l � ` 1 � � NOTE. THE FLAYING OF 5URFACE THE 5OCGER FIELD 15 DEPRE55ED i 940 920 900 880 SOCCER FIELD 6WROUGHT IRON FENCE,` L -TEMPORARY NETTIN5 FENCE FOR LOCATED IN 3'-6° HIGH EVENTS. NETTING WITH TELE5GOPING GONTINUOU5 5HRUB 5GREEN. POLE5 AT 50'0.G. ITE TION Lb' WROUGHT IRON FENCE, LOCATED IN 3'-b" HIGH CONTINUOU5 5HRU5 5GREEN. f TEMPORARY NETTING FENCE FOR I rEVENT5. NETTING WITH TELE5GOPING POLES AT 50'0.G. bo'_o* TEMPORARY NETTING FENCE FOR EVENT5. NETTING WITH TELE5GOPIN6 POLES AT 30' O.G. MAI,YMOUNT COLLEGE ",x PALOS VER -DES, CALIFORNIA A'g . . . ,, � A., W, W" DEVELOPMENT, PROJECT AND CONSTRUCTION MANAGEMENT April 30, 2010 Mr. Don Davis Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071 Subject: Marymount College, Palos Verdes Campus Improvement Plan Project Dear Don: We have made a preliminary review of the alternate athletic filed layouts proposed by the City of Rancho Palos Verdes in the Staff report for the May 4 2020 public hearing on the Appeal of the Marymount College Facilities Expansion Project. As requested we have developed a preliminary conceptual construction cost estimate as the incremental cost of the City proposed alternate plan D-1, Option 2, compared to the construction cost of the athletic field in the configuration included in the FEIR. This conceptual cost estimate address only the athletic field and does not include any costs for redesign or additional costs to address other programmatic scope displaced by the proposed alternate design. Our initial estimate incremental construction cost for the alternate plan D-1, Option 2 is approximately $1,650,000. We can provide a more accurate estimate through development of additional information on this proposed alternate, the rough order of magnitude of cost should not significantly. Please let me know if you have any questions. Sincerely, ZZ44�-'� R. Randall Fulton Executive Vice President and Principal 26011 Ocean Park Bouievoici, Suite 3001. Santa Monica, f CA 90405 (31,0) 450-9010 FAX (310) 4,132-7580 SundKhq(a)s-and-k.,.-orr) 4733 C'habo: Dr a, ;iuix� 105: Pl :monton, Ctrl 93:569 (925)463-3/D0 FAX(925)463-3-70i andK;;.:tis-<.nd k.c-omn "v.s-and-k.com L IR ks,RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 4, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA** Attached are revisions/additions and/or amendments to the agenda material received for tonight's meeting: Item No. Description of Material 9 Answers to questions posed by Mayor Wolowicz 12 Excerpt of February 2, 2010 City Council Meeting Minutes; Emails from: Lenee Bilski; Ranjan Bajania 13 Staff Memorandum; Email from Mark Wells Respectfully submitted, &t&— Carla Morreale ** PLEASE NOTE: Materials attached after the color page were submitted through Monday, May 3, 2010**. MAGENDA\2010 Additions Revisions to agendas\20100504 additions revisions to agenda.doc RANCHO PALOS VERDES MEMORANDUM TO: Jane Lin FROM: Steve Wolowicz CC: Carolyn Lehr, Dennis McLean, Kathryn Downs DATE: May 2, 2010 SUBJECT: cc meeting 514110 item #9 March cash balances QUESTIONS AND COMMENTS: Jane, Please help by providing answers to the following questions. Thanks, Steve 1. Gas Tax Fund. Dues to the state suspension of funding: (a) Does this mean the April amount is also suspended? Staff reply. No, the City received its April apportionment in the amount of $49,754.98 on April 30, 2010. (b) What is the expected total amount to be suspended and not provided to the City? Staff reply: The total amount deferred from November 2009 to March 2010 was $277,912.98. (c) When does the City expect that these funds will be paid to the City? Staff reply. The City received the balance of the deferred payment on April 30, 2010. 2. AQ Management fund — were the funds from the $50,000 MSRC grant received? Staff reply. The $50, 000 MSRC grant was received in February 2010. 05/04/10 1:32 PM ® ok Received and filed the December 2009 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOL ON NO. 2010-07, A RESOLUTION OF THE CITYPUNCIL OF THE CITY OF RANCH ALOS VERDES, ALLOWING CERTAIN CLA,I�MS AND DEMANDS AND SPECIFY G FUNDS FROM WHICH THE SAME ARE TO BE PAID. # # # \ # # . / # REGULAR NEW BUSINESS: Appointments to the Planning Commissi Mayor Wolowicz introduced the item and noted th here were many well-qualified applicants for the four positions on the Plannin om fission. City Clerk Morreale distributed ballots. A r four rounds balloting the following four members were appointed to the Planni Commission, eac with a four year term of office beginning February 11, 2010 t ough February 11, 201 . Paul Tetreault, Jeff Lewis, David Emenhiser, and Gor n Leon. Councilman Stern moved, sep6nded by Councilman Campbell, that f e terms of office for the new Planning Commiss' vers would begin on February 11, 2010. \ Without objection, Mayor` Wolowicz so ordered. PUBLIC HEARINGS: Case Nos. SUB2008-00001 and ZON2008-00074 thru ZON2008-00078 (Environmental Assessment, General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Vesting Parcel Map, Variance, Grading Permit, Height Variation, and Coastal Permit), Address: 32639 Nantasket Drive, a Vacant Lot Located on the West Side of Nantasket Drive between Beachview Drive and Seacove Drive City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting, and there were eight requests to speak on the item. Councilman Stern and Mayor Wolowicz both disclosed that they were not certain if the parties involved in this application had contributed to their past campaigns, and noted that they could objectively participate in the decision currently before Council. Mayor Wolowicz declared the public hearing open. City Council Minutes February 2, 2010 Page 4 of 10 E, Senior Planner Schonborn provided a staff report and PowerPoint presentation for the item. He reported that the project before Council was seeking the approval to change the land use designation of a 1.42 -acre property from Commercial Recreational, to Residential so that it can be subdivided into four separate residential lots and each lot developed with its own single-family residence. He reported that the property was located in the City's Coastal Zone, and was before the City Council because the application package includes a General Plan Amendment, Zone Change, Coastal Specific Plan Amendment and a Subdivision, which all require approval by the City Council; and noted that staff and the Planning Commission recommended approval of the project as the Commission was able to make all the necessary findings for approval of the project applications as proposed. Council and staff discussion ensued. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 9:00 P.M. to 9:10 P.M. Dana Ireland, applicant, Rancho Palos Verdes, provided a PowerPoint presentation regarding the redesigned Nantasket project as revised from the recommendations provided by Council during the May 15, 2007 consideration of the project. Mr. Ireland stated that the redesign addresses the following concerns: the creation of more open space by providing 50-60 feet of view corridors between the proposed residential structures; and the shifting of the placement of the homes on the lots in order to lower the ridge heights of the homes where possible. He reported the following revisions to the plans: the square footage of the buildable area of the project was reduced by 25% resulting in the current project consisting of 26,013 square feet; the lot sizes grew due to the reduction from five to four homes; the ridge heights were reduced on three of the four homes; the measurable view impairment was less than 1 % on Lot 1 with the proposed home; revisions to the grading plans; and, reduction of the bulk and mass of the homes. He noted that he had no objective to the Hold Harmless Agreement with the City of Rancho Palos Verdes. David Emenhiser, President, Seabluff Homeowners Association (HOA), Rancho Palos Verdes, stated that although some revisions were made to the plans in consideration of the neighbor's concerns, the major issue for the Seabluff HOA is that Lot 1 has remained practically unchanged which affects the views of four of the Seabluff homeowners. He noted that they had concerns regarding street parking; errant golf balls from the Terranea Resort Golf Course; size and heights of the homes not being compatible with the neighborhood; and the mansionization of the project. Bob Nelson, Rancho Palos Verdes, stated that not one person other than the applicant and the Planning Commission Members have spoken in favor of the project; suggested that the zoning in the General Plan should be amended only if the amendment is in the interest of the public; stated that the project is not compatible with the neighborhood and City Council Minutes February 2, 2010 Page 5 of 10 that the variances should not be granted since they should only be granted for minimum items when they are relative to what exists in the neighborhood. Stephanie McLachlan, Rancho Palos Verdes, stated that she opposes the development for the following reasons: her view from the second floor and front of her property will be affected; the development is not compatible with the neighborhood; the bulk and mass of the homes; and, issues regarding the setbacks and lot depth. Juan -Carlos Monnaco, Rancho Palos Verdes, stated that no individual person other than the applicant has spoken in favor of the project in the last five years. He reported that he is in opposition to the project for the following reasons: his home is the closest single family residence to the project; the impact on his family lifestyle; the proposed 6,000 square foot homes are not compatible with the neighborhood; the ten -foot front yard setback is too small; the view impacts to the neighboring homes especially due to the home proposed on Lot 1; and, his opinion that the neighbors' concerns have not been addressed by the developer. Todd Majcher, Terranea Resort, stated that Terranea was not opposed to the development of the property, but stated that due to the proximity of the homes to the Terranea Golf Course, Terranea requested that they should have an Indemnity Agreement or a Hold Harmless Agreement from the developer. Dana Ireland, in rebuttal, stated that the golf safety issues were well beyond the scope of his project, but noted that the golf consultant who performed the analysis was well aware that there would be development at the site. He noted that he occasionally finds a golf ball near the property line, but not where the silhouettes are located. He opined that the project as a four home residential development was more in the public interest than a bed and breakfast hotel would have been, because a development of that type would increase traffic dramatically. He stated that the Terranea structures are in the 8,000 to 10,000 square foot range, the Villa Apartments are in the 30,000 square foot range, and the Planned Unit Developments at Seabluff are at 6,500 square feet. He stated that he has 20 foot front yard setbacks, and noted that a variance would be needed for any development due to the existing lot depth of the property. He stated that although there are objections regarding the view blockage due to the house on Lot 1, the house is at the maximum allowable height of 16 feet; and commented on objections to the limited on - street parking and errant golf balls. Mayor Wolowicz declared the public hearing closed. Council and staff discussion ensued regarding the following issues: property rights and by right construction; height variations and zone changes; view impairment; the size, bulk, and mass of the homes; quasi-judicial and discretionary decisions; and neighborhood compatibility. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendations with the following changes to: 1) condition everything upon a further City Council Minutes February 2, 2010 Page 6 of 10 ten percent reduction in the square footage of the houses; 2) require a condition limiting the invasive plant species to protect the habitat area; and, 3) require a Hold Harmless Agreement to the City, but not to Terranea Resort. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:11 P.M. to 11:17 P.M. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to reopen the public hearing to allow the applicant to address the conditions included in the motion on the floor. Without objection, Mayor Wolowicz so ordered. Mayor Wolowicz re -opened the public hearing Dana Ireland, stated that the lots were not deficient in size or in the building envelope, and that he was in agreement with the native species requirement and the Hold Harmless Agreement with the City. In response to Mayor Pro Tem Long's question regarding a reduction in the height of the homes on Lot Nos. 3 and 4, Mr. Ireland stated that he would like to see the height retained since there were no objections to the homes on those lots, and he did not want to compromise the design of those homes. Mayor Wolowicz declared the public hearing closed. Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to deny the Height Variation Permits on Lot Nos. 3 and 4; and to require the redesign of the home on Lot No. 1 to minimize view impairment from the residences in the Seabluff community to be brought back for Council review. Mayor Wolowicz moved, seconded by Mayor Pro Tem Long, to split the vote on the amendment. Without objection, Mayor Wolowicz so ordered. Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to deny the Height Variation Permits on Lot Nos. 3 and 4. The motion on the first half of the amendment, as stated above, failed on the following roll call vote: AYES: Campbell and Misetich NOES: Long, Stern, and Mayor Wolowicz ABSENT: None City Council Minutes February 2, 2010 Page 7 of 10 Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to require the redesign of the proposed residence on Lot No. 1 to minimize view impairment from the residences in the Seabluff community, subject to further review and approval by Council. The motion on the second half of the amendment, as stated above, passed on the following roll call vote: AYES: Campbell, Misetich, and Mayor Wolowicz NOES: Long and Stern ABSENT: None City Clerk Morreale restated the motion, as amended to require the redesign of the house on Lot No. 1, by Mayor Pro Tem Long, which was seconded by Councilman Stern, to adopt the staff recommendations with the following changes to: 1) condition everything upon a further ten percent reduction in the square footage of the houses; 2) require a condition to limit the invasive species on the property to protect the habitat area; and, 3) to allow a Hold Harmless Agreement to the City, but not to Terranea Resort. Councilman Stern moved an amendment to the motion, seconded by Mayor Pro Tem Long, to remove the ten percent reduction on the square footage of the homes from the main motion. The motion on the amendment failed on the following roll call vote: AYES: Long and Stern NOES: Campbell, Misetich, and Mayor Wolowicz ABSENT: None Councilman Campbell moved an amendment to the motion, to increase the ten percent reduction on the square footage of the homes to a fifteen percent reduction on the square footage. The motion died for a lack of a second. City Attorney Lynch reported that Condition No. 46 states that the landscaping within the fifteen foot rear yard setback shall be limited to California native, so that item would not be required in the motion; and clarified that Condition No. 45 would be modified to state that each of the structure sizes listed would be reduced ten percent if the motion passes; and clarified that Condition No. 12, which requires the Hold Harmless Agreement, would be modified so that an Agreement would be required only for the City and not the Terranea Resort. Councilman Campbell moved to amend the motion to require a more formal neighborhood compatibility analysis be included for the project. City Council Minutes February 2, 2010 Page 8 of 10 Council and staff discussion ensued regarding the process for a neighborhood compatibility analysis. Councilman Campbell withdrew the motion to amend. The main motion on the floor was to adopt the staff recommendations with the following changes: 1) to require the redesign of the house on Lot No. 1 to minimize view impairment; 2) a ten percent reduction in the square footage of each house; and, 3) to allow a Hold Harmless Agreement to the City, but not to Terranea Resort. The main motion passed on the following roll call vote: AYES: Long, Misetich, Stern, and Mayor Wolowicz NOES: Campbell ABSENT: None The motion included the following actions to: 1) ADOPT RESOLUTION NO. 2010-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING THE MITIGATED NEGATIVE DECLARATION; and, 2) ADOPT RESOLUTION NO. 2010-09, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NOS. SUB2008-00001 AND ZON2008-00074 THRU -00078 FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN AMENDMENT, VESTING PARCEL MAP, VARIANCE, COASTAL PERMIT, GRADING PERMIT AND HEIGHT VARIATIONS TO ALLOW THE FOLLOWING: GENERAL PLAN LAND USE CHANGE FROM COMMERCIAL RECREATIONAL (CR) TO SINGLE-FAMILY RESIDENTIAL, TWO -TO -FOUR DWELLING UNITS PER ACRE; ZONE CHANGE FROM CR TO RS -3; LAND DIVISION OF A 1.42 -ACRE LOT INTO FOUR SINGLE-FAMILY RESIDENTIAL LOTS; A VARIANCE TO ALLOW LOT DEPTHS OF 93' INSTEAD OF 110'; HEIGHT VARIATIONS TO ALLOW THE NEW SINGLE-FAMILY RESIDENCES ON LOTS 3 AND 4 TO EXCEED THE 16 -FOOT HEIGHT LIMITS; AND ALLOW A TOTAL OF 4,028 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF SINGLE-FAMILY RESIDENCES ON FOUR NEW LOTS; ON AN EXISTING VACANT LOT LOCATED 32639 NANTASKET DRIVE, WHICH IS ON THE WEST SIDE OF NANTASKET DRIVE BETWEEN BEACHVIEW DRIVE AND SEACOVE DRIVE IN THE CITY'S COASTAL ZONE (APN 7573-014-013). Staff noted that the hearing regarding the redesign of the home on Lot 1 would be re -noticed as a public hearing. REGULAR NEW BUSINESS: Management of Rentals at Founddt&park This item was removed from the agenda, to b ught back for Council consideration at a later date. City Council Minutes February 2, 2010 Page 9 of 10 From: EduardoS [EduardoS@rpv.com] Sent: Tuesday, May 04, 2010 3:40 PM To: 'Carla Morreale' Cc: 'Teri Takaoka' Subject: FW: May 4 CC Agenda #12:Nantasket - Interp. Review EDUARDO SCHONBORN, AICP SENIOR PLANNER City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 ph: 310-544-5228 fax. 310-544-5293 From: L. Bilski [mailto:ldb910@intergate.com] Sent: Tuesday, May 04, 2010 1:48 PM To: Mayor Wolowicz; Long, Tom; Douglas Stern; Brian.Campbell@rpv.com; AnthonyMisetich Cc: eduardos@rpv.com Subject: May 4 CC Agenda #12:Nantasket - Interp. Review May 4, 2010 Subject: Nantasket project Interpretation Review To: Mayor Wolowicz and Council members, While the current Staff Report notes View concerns stated in my letter of April 27th and acknowledges that the proposed project obstructs the view, it does not take into account the 2 -degree down -arc from the public trail nor the following city goals in reaching a conclusion that "Staff determined that the project does not significantly impair a protected view from the aforementioned trail" I ask you to consider these city goals and guidelines in your discussion and decisions: A Goal of the General Plan (Page 176) states: Because of its unique geographic form and coastal resources, these views and vistas are a significant resource to residents and to many visitors, as they provide a rare means of experiencing the beauty of the peninsula and the Los Angeles region. It is the responsibility of the City to preserve these views and vistas for the public benefit RPV Coastal Development and Design Guidelines (pg. 23) "Horizontal views should be protected and maintained from existing public areas and established residential areas. No structures should obstruct these views." The silhouettes & flagging for this project indicates that the views from both public and private areas will be obstructed if the project is built as proposed. The Staff Reports and Minutes indicate view obstruction. But there was incomplete information regarding view analysis and the city's coastal guidelines. The current staff report does acknowledge a protected view, but refer only to ascending the trail. (see Front Yard photo pg. 12-40 of packet) This trail runs through Subregions 2 and 3 of the LCP. 5/4/2010 VIEWS - from existing public and private areas - The existing Flowerfield trail is one of the access corridors (LCP Fig. 24 pg.0-6) identified in the RPV Local Coastal Plan Environmental Impact Report (approved in 1978). The LCP refers to access corridors as including "overlooks, viewpoints" (pg. C-7). The focal points of the view from this trail are Santa Catalina Island and the Palos Verdes Hills. >From the Point Vicente end this Flowerfield trail provides direct full views of the ocean and Catalina Island.(pg. 12-39 photo) From the coastal bluffs end of the trail the view is of the terracing formations of the Peninsula's land mass. The proposed project obstructs these protected views. According to the LCP "The Direct/Full Visibility vista, being the most valuable, should receive the highest priority for preservation protection and enhancement" (LCP pg. C-11) The Flowerfield trail is one of the secondary access corridors whereas Palos Verdes Dr. So. is one of the primary access corridors within the coastal region. ( LCP Fig. 24 pg.0-6) The proposed project obstructs protected views. The City's Coastal Specific Plan provides detailed long-range strategies for the development of the coastal area. However, the City felt that additional direction was needed to augment various aspects of the planning process. Therefore, in 1981, the City adopted Coastal Development and Design Guidelines - mainly for the two large undeveloped areas in the coastal zone (Subregions 1 and 7). The Guidelines were not intended to be absolute standards, but firm direction from which the design of future projects should be approached. Continuity with the Guidelines has been strongly encouraged, but flexibility was also allowed if the intent of the Guidelines was being met. The topic of private views is first introduced on Page 6, where the Guidelines discuss existing views over a site and states that "views of the ocean from the existing residential developments should be protected and enhanced." The protection of private views is then discussed first in terms of general design guidelines and then subregion specific guidelines. With regards to general guidelines, on Page 23 it states that "Horizontal views should be protected and maintained from existing public areas and established residential areas. No structures should obstruct these views." (ref. City Council mtg. Agenda August 14, 2000 Staff Report on Ocean Trails) Although the Council voted to approve this Grading Permit application, Plan Amendments, Coastal Permit, Height Variations, etc. in spite of the view obstruction from public and private areas, the Conditions require the reduction of each of the proposed houses by 10% in size which I would hope includes reducing structure height not just square footage. "Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up ( Size = length, width and height) I support the Staff Recommendation concerning COA No. 45, but I disagree with staffs conclusion regarding obstruction of the public's views. Finally, what about the requirement to redesign the proposed house on Lot No. 1 to minimize view impairment? ( Any request to make the size of any residence larger or taller, shall require approval of a revision to the Grading Permit and/or the applicable Height Variation permit by the City Council.) When will that Public Hearing be held? Thank you for all you do for RPV! L. Bilski 5/4/2010 From: EduardoS [EduardoS@rpv.com] Sent: Tuesday, May 04, 2010 8:34 AM To: 'Carla Morreale' Cc: 'Teri Takaoka' Subject: FW: NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. Eduardo Schonborn, aicp Senior Planner City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 ph: 310-544-5228 fax: 310-544-5293 -----Original Message ----- From: Joel Rojas [mailto:joelr@rpv.com] Sent: Monday, May 03, 2010 8:06 AM To: eduardos@rpv.com Subject: FW: NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. -----Original Message ----- From: Len6e Bilski [mailto:lenee910@intergate.com] Sent: Friday, April 30, 2010 3:09 PM To: Nelsongang@aol.com Cc: bipin.bajania@bt.com; jcmonnaco@gmail.com; joelr@rpv.com; EMENHISER@aol.com; pc@rpv.com; bipinbajania@yahoo.com; Ranjan_Bajania@ahm.honda.com; jrait@cox.net Subject: Re:NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. on 4/29 Bob Nelson wrote: "Dana was to meet with I thought 3 identified Beachview homeowners to compare his original plan and new plan to illustrate minimization of view destruction. Then suddenly I was told the main affected homeowner (Monnoco) had been omitted from Dana's must contact list!! But now that Dana has a lot for sale with approved plans, I expect these contacts are also water under the bridge. (In the past Dana has claimed he couldn't contact those he was supposed to, including me - they didn't answer door, phone, etc..) " MY Suggestion: LOOK AT THE VIDEO OF THE FEB. 2,2010 COUNCIL MTG. to verify. from DRAFT Minutes "Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to require the redesign of the proposed residence on Lot No.l to minimize view impairment from the residences in the Seabluff community, subject to further review and approval by Council. The motion on the second half of the amendment, as stated above, passed. . (3-2)" and "City Attorney Lynch reported that Condition No. 46 states that the landscaping within the fifteen foot rear yard setback shall be limited to California native, so that item would not be required in the motion; and clarified that Condition No. 45 would be modified to f a- I state that each of the structure sizes listed would be reduced ten percent if the motion passes; and clarified that Condition No. 12, which requires the Hold Harmless Agreement, would be modified so that an Agreement would be required only for the City and not the Terranea Resort." AND "Staff noted that the hearing regarding the redesign of the home on Lot 1 would be re -noticed as a public hearing." ref . http://www.palosverdes.com/rpv/citycouncil/agendas/2010 Agendas/MeetingDate- 2010-03-16/RPVCCA DM_2010_03_16_02_Draft_Mins_20100202.pdf ---------------------------------------------------------------- This message was sent using IMP, the Internet Messaging Program. From: EduardoS [EduardoS@rpv.com] Sent: Tuesday, May 04, 2010 8:34 AM To: 'Carla Morreale' Cc: 'Teri Takaoka' Subject: FW: NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. Eduardo Schonborn, aicp Senior Planner City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 ph: 310-544-5228 fax: 310-544-5293 -----Original Message ----- From: Joel Rojas [mailto:joelr@rpv.com] Sent: Monday, May 03, 2010 8:07 AM To: eduardos@rpv.com Subject: FW: NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. -----Original Message ----- From: Ranjan_Bajania@ahm.honda.com[mailto:Ranjan_Bajania@ahm.honda.com] Sent: Friday, April 30, 2010 3:32 PM To: Len6e Bilski Cc: bipinbajania@yahoo.com; bipin.bajania@bt.com; EMENHISER@aol.com; jcmonnaco@gmail.com; joelr@rpv.com; jrait@cox.net; Nelsongang@aol.com; pc@rpv.com Subject: Re:NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. Hi Lenee, That's what I found also on Feb 02 meeting minutes... Here is the cut & paste of this part from the minute... Draft City Council Minutes February 2, 2010 Page 8 The motion included the following actions to: 1) ADOPT RESOLUTION NO. 2010-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING THE MITIGATED NEGATIVE DECLARATION; and, 2) ADOPT RESOLUTION NO. 2010-09, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NOS. SUB2008-00001 AND ZON2008-00074 THRU -00078 FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN AMENDMENT, VESTING PARCEL MAP, VARIANCE, COASTAL PERMIT, GRADING PERMIT AND HEIGHT VARIATIONS TO ALLOW THE FOLLOWING: GENERAL PLAN LAND USE CHANGE FROM COMMERCIAL RECREATIONAL (CR) TO SINGLE-FAMILY RESIDENTIAL, TWO -TO -FOUR DWELLING UNITS PER ACRE; ZONE CHANGE FROM CR TO RS -3; LAND DIVISION OF A 1.42 -ACRE LOT INTO FOUR SINGLE-FAMILY RESIDENTIAL LOTS; A VARIANCE TO ALLOW LOT DEPTHS OF 93' INSTEAD OF 1101; HEIGHT VARIATIONS TO ALLOW THE NEW SINGLE-FAMILY RESIDENCES ON LOTS 3 AND 4 TO EXCEED THE 16 -FOOT HEIGHT LIMITS; AND ALLOW A TOTAL OF 4,028 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF SINGLE-FAMILY RESIDENCES ON FOUR NEW LOTS; ON AN EXISTING VACANT LOT LOCATED 32639 NANTASKET DRIVE, WHICH IS ON THE WEST SIDE OF NANTASKET DRIVE BETWEEN of 3 lep- BEACHVIEW DRIVE AND SEACOVE DRIVE IN THE CITY'S COASTAL ZONE (APN 7573-014-013). Staff noted that the hearing regarding the redesign of the home on Lot 1 would be re -noticed as a public hearing. Thanks Ranjan Len6e Bilski <1enee910@interga te.com> To Nelsongang@aol.com 04/30/2010 03:09 cc PM bipin.bajania@bt.com, jcmonnaco@gmail.com, joelr@rpv.com, EMENHISER@aol.com, pc@rpv.com, bipinbajania@yahoo.com, Ranjan_Bajania@ahm.honda.com, jrait@cox.net Subject Re:NANTASKET - APN 7573-014-013 - 32639 Nantasket Dr. on 4/29 Bob Nelson wrote: "Dana was to meet with I thought 3 identified Beachview homeowners to compare his original plan and new plan to illustrate minimization of view destruction. Then suddenly I was told the main affected homeowner (Monnoco) had been omitted from Dana's must contact list!! But now that Dana has a lot for sale with approved plans, I expect these contacts are also water under the bridge. (In the past Dana has claimed he couldn't contact those he was supposed to, including me - they didn't answer door, phone, etc..) " MY Suggestion: LOOK AT THE VIDEO OF THE FEB. 2,2010 COUNCIL MTG. to verify. from DRAFT Minutes "Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to require the redesign of the proposed residence on Lot No.1 to minimize view impairment from the residences in the Seabluff community, subject to further review and approval by Council. The motion on the second half of the amendment, as stated above, passed. . (3-2)" and "City Attorney Lynch reported that Condition No. 46 states that the landscaping within the fifteen foot rear yard setback shall be limited to California native, so that item would not be required in the motion; and clarified that Condition No. 45 would be modified to state that each of the structure sizes listed would be reduced ten percent if the motion passes; and clarified that Condition No. 12, which requires the Hold Harmless Agreement, would be modified so that wig an Agreement would be required only for the City and not the Terranea Resort." AND "Staff noted that the hearing regarding the redesign of the home on Lot 1 would be re -noticed as a public hearing." ref . http://www.palosverdes.com/rpv/citycouncil/agendas/2010_Agendas/MeetingDate- 2010-03-16/RPVCCA DM_2010_03_16_02_Draft_Mins_20100202.pdf ---------------------------------------------------------------- This message was sent using IMP, the Internet Messaging Program. CITYOF RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: ARA MIHRANIAN, PRINCIPAL PLANNER DATE: MAY 4, 2010 SUBJECT: MARYMOUNT COLLEGE FACILITIES EXPANSION PROJECT — UPDATE ON ATHLETIC FIELD ALTERNATIVES Since the transmittal of the May 4, 2010 City Council Staff Report, additional information is being provided to the Council for consideration this evening for the following topics: Updated Grading Information for Alternative D-1 Option Nos. 1 and 2 Clarification of Alternative D-2 Grading Quantities Estimated Construction Costs for the Roadway Median Barrier Updated Grading Information for Alternative D-1 Option Nos. 1 and 2 - East Campus Athletic Field As described in the May 4th Staff Report, Staff identified two options for reconfiguring the layout of the athletic field originally depicted in Alternative D-1 to avoid the nearby proposed fire access lane. To obtain better accuracy on the grading calculations estimated by Staff for both options, Staff requested that the City Engineer review the proposed options developed by Staff. According to the City Engineer (see attached Memo), the estimated additional grading associated with Option No. 1 would be approximately 10,000 cubic yards rather than the 3,000 cubic yards cited in the May 4th Staff Report, and the height of the proposed retaining wall would be approximately 30 -feet rather than 20 -feet. As for Option No. 2, the estimated additional grading would involve 12,000 cubic yards rather than the 4,000 cubic yards cited in the May 4th Staff Report (incorrectly shown as 3,000 cubic yards in the original Matrix), and the height of the proposed retaining wall would be 38 -feet rather than 25 -feet. Attached to this Memo is an updated Matrix that reflects the City Engineer's estimated calculations for Alternative D-1 Option Nos. 1 and 2. Staff would like to point out that it would not typically support the extent of the grading needed to accommodate the proposed athletic field options for Alternative D-1 because the earth movement quantities and heights of the retaining walls would typically be considered excessive. However, given the Council's desire to further consider athletic field options, /of- 9 13 Staff identified these alternatives as potential options because the estimated grading quantities are within the grading quantities analyzed in the Draft EIR. Moreover, the grading required for both options would generally be within the limits of the disturbed slope area resulting from the remedial grading approved by the City Council at its March 31St meeting. However, while the grading quantities associated with these two options are within the scope analyzed in the Draft EIR, the visual impacts that could result from the construction of retaining walls ranging between 30 -feet and 38 -feet were not analyzed in the Draft EIR. Given that the Draft EIR concluded that the Residence Halls, which were situated at the top of the current southern slope would result in significant and unavoidable impacts to the site's visual character, Staff believes that an environmental analysis of the retaining walls on the south slope would result in a similar finding of a significant and unavoidable impact in regards to visual character. This additional CEQA analysis would likely require re -circulation of the EIR pursuant to CEQA Section 15088.5.A.1. In summary, while Appendix D-1 Option Nos. 1 and 2 are feasible options, if the City Council would like to further pursue these options, additional CEQA analysis and EIR circulation would be necessary. In addition to the above, the City Council received an email from Mr. Jim Gordon on May 2, 2010 proposing an "Option No. 3" to Alternative D-1. Essentially, Mr. Gordon is proposing to retain the athletic field on the flat portion of the site at a finished grade elevation of approximately 910' with the southwest corner extending over the south slope. A retaining wall of approximately 20 -feet would be needed to support the backfill for the portion of the athletic field extending onto the south slope. In regards to the parking spaces impacted by this option at the east portion of the campus, Mr. Gordon is proposing that the parking lot proposed between the athletic building and the tennis courts be expanded by shifting the tennis courts further to the west (in the location of the athletic field approved by the Planning Commission). This is intended to mitigate visual character impacts resulting from the construction of a new parking lot at the west portion of the campus. Staff would like to point out that the tennis court under this option would be placed closer to the curvature of the roadway requiring a 20 -foot fence (rather than 10 -feet) to help contain errant tennis balls. Similar to the Staff identified options for D-1, this alternative would also require further environmental review along with a statement of overriding considerations to address the 20 -foot retaining wall to accommodate the athletic field on the east side of the campus. Clarification of Alternative D-2 Grading Quantities On April 29th, the City Council received an email from Mr. Jim Gordon asserting that the May 4th City Council Staff Report and attached Matrix contained errors with respect to Alternative D-2 for grading and retaining walls, specifically with the statement "no change" for the proposed grading and retaining walls. Staff would like to clarify that the matrix was intended to summarize the alternatives described in the May 4th Staff Report (from what was originally presented to the Council at the March 30th meeting) and to identify the trade- offs for each alternative. Since there has been no change to the grading plans for the College's proposed Alternative D-2 since the March 30th Council meeting, grading is shown as "no change." It should be noted that the grading plan reviewed by the Council at the March 30th and 31St meetings, has the athletic field and tennis courts plotted according to the Planning Commission's approval. That is with the athletic field to the west (near the curvature of PVDE) and the four tennis courts to the east (near the proposed parking lot and athletic building). At this time, a final grading plan has not been prepared for any of the alternatives, including Alternative D-2, because the Council has not approved a specific configuration for the athletic field. Anticipating that a final grading plan will need to be prepared based on, among other things, the Council's action on the athletic field alternatives, a condition of approval will be added to ensure that the grading quantities noted in the final Grading Plan do not exceed the grading quantity approved by the City Council without further review and approval by the City Council at a duly noticed public hearing. Estimated Construction Costs for the Roadway Median Barrier The May 4th Staff Report provided an estimate of construction costs (ranging between $455,000 and $857,000) for the median barrier that was based on two engineering reports (Adams Engineering and Willdan Engineering). Since the estimated costs cited in the May 4th Staff Report are much higher than the cost (approximately $250,000) conveyed at the April 6th Council meeting, Councilman Long requested an explanation from Staff in advance of the May 4th meeting. According to the City's Senior Engineer, Nicole Jules, the estimated construction costs stated in the May 4th Staff Report for a PVDE median barrier wall are much higher than what was presented at the April 6th meeting because the figures initially given to the Council were very preliminary and did not factor all the engineeriny costs associated with such a project. As such, the estimated costs attached to the May 4 h Staff Report provided by both Willdan Engineering and Adams Engineering are estimates based on actual field conditions, engineering judgment and construction methods. Additionally, the Willdan and Adams reports indicate that the necessary length of the median barrier would be 1000 linear feet, whereas Staff initially thought the linear distance to be approximately 300 linear feet. This is because without an engineering report Staff did not realize that the median barrier would have to extend the entire length of the roadway curvature. Furthermore, Staff did not consider construction costs involving drainage improvements that would become necessary with the construction of a median barrier. Based on the estimated construction costs included in the engineering reports, Staff believes that the following are cost saving opportunities: competitive bidding for the soft costs (35% for engineering, inspection and construction management) competitive bidding for construction costs In addition to the above, Staff has also identified the following elements for each engineering proposal where additional cost saving opportunities may exist: Willdan Engineering - $455,400.00 • Eliminating the 2" overlay as recommended because PVDE is scheduled for resurfacing during FY11-12 and this portion can be resurfaced during that time. This results in a cost savings of $54,000 • Retaining the 10% contingency The 35% for design and construction management can be reasonably reduced through competitive solicitation of professional services. A reduction of 15% is reasonable and could result in a cost savings of $62,799.50 Based on the above the total potential savings is estimated to be approximately $117,403.25, for a total estimated projected cost of $337,996.75. Adams Engineering - $857,175.00 • The unit rate used for the Type 60 barrier wall was incorrectly based on a cost of $465 per linear foot. The actual value that should have been used is $125 per linear foot resulting in a line item cost of $125,000. This results in a cost savings of $340,000. Based on the above the total potential savings for the Adams Engineering Report is estimated to be approximately $340,000, for a total projected cost of $517,175.00 Accounting for the cost savings described above, the construction cost for constructing the median barrier is estimated to range between approximately $338,000 and $517,000. Staff would like to emphasize that the dollar amounts indicated are estimates based on reports from two engineering firms and the actual construction cost for the median barrier will not be realized until the bidding process is conducted. At that time, if the City Council wishes to move forward with the construction of the median barrier in the location identified in the Willdan and Adams reports, then the City Council will be asked to approve a contract with the selected contractor and formally approve the construction of the median barrier. Rancho Palos Verdes MEMORANDUM TO: Ara Mihranian, Principal Planner CC: Joel Rojas, Director of Building, Planning and Code Enforcement FROM: Frederick (Rick) Jones Jr.; P.E., L.S., City Engineer VIA: E-mail, only. DATE: May 3, 2010 SUBJECT: Marymount —Athletic Field Alternatives (.BACKGROUND: Pursuant to a request from Ara Mihranian, I have reviewed two alternate athletic field design locations forwarded to me labeled "Alternative D-1 Option No. 1" and "Alternative D-1 Option No. 2". Both design alternatives place the athletic fields at the southeast corner of the campus. Option No. 1 shows the field to lay length wise in a northwesterly to southeasterly orientation. Option No. 2 shows the field to lay length wise in a southwesterly to northeasterly orientation. Both options place the fields on a portion of the site currently shown as a combination of proposed parking lot, open space/landscaping features, and hillside fill slope. II. DISCUSSION: The feasibility of these options, although subject to detailed Geotechnical review, currently depict an engineered fill slope in the same area as the optional retaining wall construction. The presence of an engineered fill slope would normally indicate feasibility of retaining wall construction in the same vicinity. The retaining wall solutions may be the most desirable construction as fill slope construction (only) would likely cause the bottom toe of the slope to begin close to Palos Verdes Drive East, 50 to 60 feet further down the existing approximately 4.5:1 slope. The grading quantities and retaining wall heights are as shown on the next page. 0 Marymount — Athletic Field Alternatives May 23, 2010 Page 2 of 2 Option No. 1 Approximately 10,000 cubic yards of grading A maximum 30 -foot tall retaining wall Option No. 2 Approximately 12,000 cubic yards of grading A maximum 38 -foot tall retaining wall The alternative designs depict vertical retaining walls. Battered retaining walls that are laid back as well staggered retaining walls may also be suitable construction techniques and would also be subject to geotechnical review. III. ATTACHMENTS: Scanned copies of worksheets. mil Field Dimensions Grading Retaining Walls Surface Material Retractable Net Tennis Court Fencing Perimeter Fencing Parking CEQA — Noise Impacts 100 x 55 yards (300 x 165 feet) Approximately 10,000 3,000 cubic yards of additional grading* 302 -0 -foot maximum height Synthetic Turf 20 -feet 10 -feet 42 -inches Relocation of 40 parking spaces to the western portion of campus Mitigated 100 x 55 yards (300 x 165 feet) Approximately 12,000 3,099 cubic yards of additional grading* 382 -foot maximum height Synthetic Turf 20 -feet 10 -feet 42 -inches Relocation of 63 parking spaces to the western portion of campus Mitigated CEQA —Visual Impacts Significant and Significant and (parking and retaining Unavoidable Unavoidable walls * The additional grading quantities do not exceed the grading quantities evaluated in the Draft EIR. 100 x 55 yards (300 x 165 feet) No Change (as presented to the Council at its March 30 meeting and as No Change Natural Turf 30 -feet 20 -feet 6 -feet No Change Mitigated Mitigated From: Mark R Wells [mtwells@pacbell.net] Sent: Tuesday, May 04, 2010 11:27 AM To: RPV City Council; Ara Mihranian Subject: Item 13 of the May 4, 2010 City Council Meeting Agenda Sirs, I am writing with comments to Agenda Item 13 of the May 4, 2010 Rancho Palos Verdes City Council Meeting. I will support the best judgement of the majority of the members voting with regards to the approval, placement, and mitigation of the large athletic field proposed in The Marymount College Facilitied Expansion Project. I would prefer that some sort of physical division between the opposing lane or lanes along the curvature of Palos Verdes Drive East, from just west of the entrance to Marymount College to a point'above' the intersection of Palos Verdes Drive East at Ganado. If many type of divisions available, our city has two examples within its boundaries that my provide options to use on that curve. Along Hawthrone Blvd. between Palos Verdes Drive North and Silver spur there is a curbed median filled with trees that probably prevent vehicles crossing into opposing lanes. Crenshaw Blvd. between the two roadbeds has a much more concrete type of barrier. I would prefer a barrier similar to the one along Crenshaw but I can also consider the beauty and view benefits of creating natural barriers that have trunks large enough to stop most vehicles from going into opposing lanes. I strongly feel that the expenses of providing any barrier should be shared between the residents of Rancho Palos Verdes with tax revenue and Marymount College. I would hope that any provision approving the construction of a large field on the western side of the Marymount Campus would contain a requirement that no use of such a field be allowed until a physical barrier is completed between the opposing lanes of Palos Verdes Drive East in the vacinity mentioned earlier in this Email. I can also support a elongation of the permanent fencing on the sides or ends of the large field and any tennis courts. I now consider any extension of the height of the supporting poles and the retractable netting to be something that could lead to view issues, cost problems, and feasibility. I have no plans to speak on this issue at tonight's meeting. Thank you. Mark Wells 1858 Trudie Drive Rancho Palos Verdes, CA 90275 5/4/2010 K---�RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 3, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, May 4, 2010 City Council meeting: Item No. Description of Material 11 Emails from: Marcus and Marie O'Brien; Emad and Erica Khaleeli 13 Emails from: Robert and Joan Barry; Jim Gordon; Email and letter from Donald M. Davis RespectfullYslubmitted, Carla Morreale From: Marcus [marcus_ob@yahoo.com] Sent: Monday, May 03, 2010 8:55 AM To: CC@rpv.com Subject: Do not revise Side -yard Setbacks for Pre -Incorporation Lots Dear City Council: This letter concerns Planning Case No. ZON2007-0037, specifically the proposed revisions to the requirements concerning the Side -Yard Setbacks for Pre -Incorporation Lots in the city of Rancho Palos Verdes. As a homeowner on the verge of completing our own addition/remodel project, we are intimately aware of the City's zoning requirements. Fortunately, our goals were modest and the City's requirements were flexible enough to make our dream home possible. An increase in the Side -Yard Setback requirements such as that proposed in Case No. ZON2007-0037, would have severely restricted our options and may have forced us to add a second story to our home. In turn, this would have greatly complicated our project necessitating a Height Variation Application and a Neighborhood Compatibility Review. We are concerned that with the new requirements, when our neighbors decide to remodel or build new homes, they will opt to add more second story additions. It is clear that these new setbacks will negatively impact the future development within the City. With more second story additions in our neighborhood, it will impede our privacy, light and views. We respectfully request that the City not revise the Side -Yard Setbacks for Pre - Incorporation Lots. Warmest Regards, Marcus & Marie O'Brien 28040 Ella Road RPV, CA 90275 From: Kit Fox [kitf@rpv.com] Sent: Monday, May 03, 2010 3:24 PM To: 'Teri Takaoka' Subject: FW: Side yard set back issue Teri: Late Correspondence for Item No. 11. Kit Fox, mcp Associate Planner Citt, of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 T: (310) 5445228 F: (310) 5445293 B kiti@rpv.com From: Erica Buck [mailto:ericarunrn@yahoo.com] Sent: Monday, May 03, 2010 3:20 PM To: kitf@rpv.com Subject: Side yard set back issue May 3, 2010 Emad and Erica Khaleeli 6121 Monero Drive Ramcho Palos Verdes, CA 90275 Dear Rancho Palos Verdes City Council, We request that the City of Rancho Palos Verdes not revise the Side Yard Setback requirements for interior lots as proposed by Planning Case No. ZON2007-0037. An increase in the Side -Yard Setback requirements such as proposed in Case No. ZON2007-0037, would unreasonably restrict the use of residents property. We feel that the existing Side Yard Setbacks are sufficient and will maintain our beautiful neighborhoods. Side -Yard Setbacks are especially critical in single story neighborhoods where flexibility is essential to resolve space needs on the existing level. When our neighbors decide to remodel or build new homes, they will opt to add more second story additions reducing privacy, impacting scenic views and destroying the continuity of single story neighborhoods. It is clear that these new setbacks will negatively impact the future development within the City. We respectfully request that the City not revise the Side -Yard Setbacks for Pre -incorporation Lots. Thank you for you time. Sincerely, Emad and Erica Khaleeli 5/3/2010 From: itsthebarrys@cox.net Sent: Thursday, April 29, 2010 7:48 PM To: CC@rpv.com Subject: Marymount Soccer Field Importance: High To: Rancho Palos Verdes City Council From: Robert and Joan Barry RE: Safety Issues concerning Marymount Soccer Field Dear Mayor Wolowicz and Council Members: It is our opinion that safety barriers in Palos Verdes Dr. East would be a hazard in themselves, as well as unsightly. If the Marymount soccer field is built adjacent to the road, there must be other measures to provide safety to the drivers. However, we feel that the alternate site for the field is the best solution, regardless of Attorney Don Davis, Marymount's land use counsel, declaring that if they can't have the field where they want it they do not want it all. We feel that this was a ploy to not only get their own way but also to discredit the City and its residents, and give them (Marymount) more ammunition to get their initiative passed. Please continue your good work. Robert and Joan Barry 30770 Ganado Drive Rancho Palos Verdes, CA 90275 From: bubba32@cox.net Sent: Sunday, May 02, 2010 1:29 PM To: cc@rpv.com Cc: aram@rpv.com Subject: Soccer Field Revised Alternative D-1, Option 3 Field Location Attachments: Soccer Field Revised Alternative D-1 solution.doc Soccer Field Revised Alternati... To The Mayor and Council members Attached is a Feasible revised Field Location for your consideration this coming Tuesday evening. I believe it presents a fully feasible and responsive answer to the issues of safety and aesthetic impacts previously discussed. This is a new and responsive proposal that removes prior objections raised by Staff regarding their earlier Appendix D Alternative Location D-1. I believe that the included illustrations and examples contained in this new presentation have significant merit, are fully feasible and represent an environmentally superior alternative choice. Jim Gordon b From: bubba32@cox.net Sent: Thursday, April 29, 2010 5:11 PM To: aram@rpv.com Cc: cc@rpv.com Subject: Athletic Field Alternatives Matrix Ara On page 14 of the May 4, 2010 Staff Report is a Matrix of Alternatives which, I believe, contains significant errors for the "Alternative D-2" for Grading and Retaining Walls. "No Change" is shown for this column boxes for grading and Retaining Walls. As I have previously submitted to the City Council, in my letter "Grading Plans Configuration Control" I have pointed out that this Alternative D-2 changes grading quantities significantly in the following ways; 1. The Tennis Courts are at the same elevation as the field (891.4' vs. the March 15, 2010 Preliminary Grading & Drainage Plan of 900.29'/901' - average elevation 900.645' that is 8.145' Higher than the Approved Tennis court elevation and thus not shown correctly in the prior approved Visualizations, 2. The Field elevation is at the previously approved elevation at 891.4' (edges) and averages 1' lower in elevation (for Alternative D-2). 3. The Tennis court area is 120'X 240' or 28,800 sq ft and X 8.145' more feet of digging is 234,576 cubic feet of excavation, which translates to 8,688 Cubic Yards of additional (D-2) excavation for the Tennis Courts. 4. The field itself is 300 X 165' and measures 320 X 185' with sideline areas. The D-2 field is shown at F lower and that translates into 2,192 Cubic Yards of added excavation such that 5. The Total added excavation (compared with the March 15, 2010 Preliminary Grading & Drainage Plan) is 10,880 Cubic Yards. 6. Based on the convention of on-site grading and a 25% effective compaction rate, the Total on-site grading is increased by 19,041 cubic Yards (10,880 X 1.75) = 19,041 CY) Retaining Walls: These change significantly as well from the latest Plans; 1. The S/W corner set of retaining walls (March 15, 2010 Plan) are eliminated. 2. The new and as yet unapproved new N/S Retaining wall ( 901.4' TW) along the Northeaster side of the Field is eliminated. 3. The previous large Retaining wall along the Northeastern side of the Tennis Courts is increased from 914.04' TW to 916.5' TW as shown in the May 15, 2009 Preliminary Grading & Drainage Plan that was approved.. 4. The previous N?W corner retaining walls for the soccer field are removed and replaced by 5. 3 Tennis Court retaining walls as follows. a.) A N/S wall is added at the N/W corner of the revised field 4/29/2010 ca .0 f- Is b.) An short E/W retaining wall is added at the North End of the Western Courts c. A new Tennis Court Wall is added along the western 2/3rds of the Western Tennis Courts. 6. The proposed 30' high retractable net'is now 10' above prior reviewed and approved heights, as is the new 20' high Tennis Court fencing (Western Courts only?) This is above the levels shown in prior approved visualizations. The added/changed Retaining walls do change the grading quantities, but that amount has not yet been estimated. The removal of the Corner Retaining wall at the N/W corner of the prior field location is a benefit in that it was very close to the roadway and required special protective measures in order to excavate safely. Jim Gordon 4/29/2010 Soccer Field Revised Alternate D-1 "Option 3" Field Location The graphic below provides a Feasible Field location as Alternative D-1 — "Option 3" for review and consideration during the May 4, 2010, City Council Hearing. The Revised location of the field —same identical size as proposed for the western site along PVD E, is reconfigured and shown below; It does provide a required Fire Lane access, and minimizes the added retaining walls and any added excavation/fill. W This revised field location adds two retaining walls (red) at the S/W corner at elevation 909'. The field would be graded at nearly that same elevation and require minimal added grading quantities. I I P a g e aM • The existing field location is shown below; The proposed Option 3 location shifts this field away from the South Shore Landslide area to the West and South. Note the erroneous field location (dotted lines square) shown from the Rasmussen site Plan Sheet Ai. • Compare this existing field location with the Appendix D location proposed initially by Staff (below) as Exhibit 2-4. 21 Page • This is Exhibit 2-4 from Appendix D, showing the initial location proposed by Staff of the soccer field — far bottom right. It has since been amended in the May 4, 2010 Staff Report. There is no Fire Lane Access. gGpS r AS pit NE. . EP`aT svrl :.�� a r SA Note the proximity of this relocated field to the Eastern Property line 31 Page • Because of this relocation closer to and along the east side of the campus and to the South Shore Landslide below, the area was then deemed to pose an increased drainage danger to the South Shore Landslide. • That is NOT the case with Option 3 (previous illustration) because that field location moves the existing field AWAY from and further away from the South Shore Landslide area. It also does NOT require a new and lengthy retaining wall along the eastern border as this Staff location has required. • This Appendix D (initial Plan) also (incongruously) created an unsustainable new Parking area at the exact location of the proposed field along PVDE, as shown below: This is no longer necessary. The above depiction is not necessary or appropriate and a feasible alternative has been prepared forAlternative D-1, Option 3. 41 Page This is the proposed Option 3 revised parking -Example only: As needed, additional Parking spaces can be added to the West and South: This example adds 66 displaced parking spaces • No longer would the revised parking present any negative aesthetic impacts. As demonstrated below, this issue has already been deemed to present no significant impacts. This lighting would continue to also apply to the extended parking areas shown above. 51 Page • The tennis courts would be moved westward, but remain at their previously visualized and approved elevation. This shifted location would also reduce the visual impact of the proposed Tennis Court East retaining wall — shown below; the large Retaining wall would be much lower as a result. This is one of the proposed giant Tennis Court Retaining Walls that would be reduced or removed by placement of additional parking spaces on grade along PV Drive East to the West of the proposed swimming pool and Athletic Building. This is in the same area where the Pre -School is now located. • Selection and Council Approval of Alternative D-1 Option 3 would also eliminate four retaining walls as shown (in red) below: This illustration is taken from the unapproved March 5, 2010 Preliminary Grading and Drainage Plan 6Page vim • Any possible concern that might be expressed by the College regarding the proposed new corner walls in Alternative D-1, Option 3, (also Options 1 & 2) are groundless and have previously been addressed by the College itself (as shown in the following Illustration from the page L-2 of the College's Landscaping Plan foor the proposed 2 Residence Halls of 45' in height and over 800' in length, should give the lie to concerns for any new 20' high and 70' long new retaining walls to allow construction of a revised playing field relocated slightly to achieve many other objectives including the paramount issue of Safety. SEC�roN ' This is Marymount College's answer to any objectionable aesthetic impacts of their two large Residence Halls 45' in height and over 800' in length. • The key point at issue is that retention of the field as proposed in Alternative D-1, Option 3, is that there would be no need to grade the proposed new field alongside PVDE. There would be no need for any 15' roadway as proposed by the Staff in Appendix D. The proposed field area would not be paved over. It would not present any objectionable new aesthetic impacts from the neighbors' point of view, especially since it would eliminate noise, safety issues and other distraction factors from this Project. • With regard to the "synthetic vs. natural turf" issue, the Alternative D-1, Option 3 moves the field AWAY from the south shore landslide area, implements engineered drainage and PREVENTS any drainage spillover onto any steep slopes as required by DEIR Section 5.6 "5.6.4.3 UNSTABLE GEOLOGIC UNITS SLOPE STABILITY" on page 5.6-20. • The Option 3 moves the field AWAY from the South Shore Landslide area, and MINIMIZES new grading at that location with the field retained at near existing elevation levels. Additional grading is minimized both at this location and at the PVDE location because that grading becomes no longer necessary. 71 Page _ • The City Geologist is also on record as stating that the proposed "D-2" Location of a new field near PUDE, would also have drainage issues, even though that field had included engineered drainage as well. • This feasible Option 3 does not introduce any new drainage issues that have not already been successfully in place for over 32 years. • Therefore, if the "synthetic Turf' is to be a requirement, rather than a wished - for improvement at the Alternative D-1 Options site locations, a fair comparison against the D-2 site should also demand synthetic turf as well. • No additional Safety-related netting would be required, just a revision to the existing fencing on the West, with addition of protective fencing near the N/E side adjacent to the residual parking there. • Sideline capacity and available areas behind the goals would be maintained or improved as compared with the proposed "D-2" arrangement. Plan. • An overall savings of balanced on-site grading of approximately 35,000 Cubic Yards would be realized, resulting in reduced Environmental and Cost impacts. • Safety issues would be eliminated, especially for the College's use of the field (as is now the case) for Lacrosse activities. • No new 30' High retractable nets would be needed. No new 20' high Tennis Court Fencing would be required. • No new and costly Crash Barrier would be required. • With the recently disclosed February 2010 association by the College with the National Association of Intercollegiate Athletics (NAIA), a new Safety concern has been added to those previously considered for the Field locations near PUDE. • For some years now, the College has been successfully promoting a relatively new sport of Lacrosse. This sport presents significant new and added dangers from the type of ball used and the equipment used by the players to throw this as a potentially dangerous missile that could easily escape the field areas to the North, South and Western sides. The Council Members will each be presented with an official Lacrosse Ball for their consideration of the related dangers imposed by such field use. • As a record of Marymount's Lacrosse team efforts, the following illustration is a page taken from their Spring, 2009 Alumni Publication TODAY. 81 Page ►mom MARYMOUNT LACROSSE CLUB IN SOUTHWESTERN CONFERENCE The Marymount Lacrosse Club finished a great season this year competing in the Southwestern Lacrosse Conference, which is comprised of 20 teams — all (except Marymount) from four-year institutions. Of Marymountis 18 players, W had never played lacrosse before this season.The team spent fall training learning the rules of the game and competing in a -tournament at Nola University. Players practiced three days a week as well as many Saturdays, to sharpen their stick skills.They met once a month to discuss team soucture, recruitment and school outreach. By spring, the members of the team had grown close and were ready for the challenging season awaiting them. Although the team did not produce a winning season this year, they stayed together and fought hard every game. All members of the team kept their spirits high and learned valuable lessons from each match.The team earned a great deal of respect in the league for competing so well against four-year institutions. The last game of the season proved the most memorable. With several injuries, the team was short five players going into the match. Seven new "players" were recruited at the last minute by scouring the residence hags. When students heard the lacrosse team needed help, tay literally dropped what they were doing and hopped on the team bus. In only two hours, the recruits teamed the rules of the game, were given their equlipment and suited up to lead Marymount to an amazingly close 9-7 defeat by Cal State Channel Islands. Way to go Lacrosse Club! As illustrated, the long Lacrosse throwing sticks provide the ability to send the Lacrosse balls long distances. 91 Page • The planned and extensive Barrier Wall necessitated by the location of any new playing field adjacent to Palos Verdes Drive East (PVDE) is a significant and costly new development that can be entirely avoided with the selection of the Alternative D -i, Option 3. CITY OF RANCHO PALOS VERDES PALOS VERDES DRIVE EAST BARRIER WALL ANALYSIS Note that this extensive new Barrier does not completely cover the Northern danger area where a protected left turn lane into Casalina Drive is required. • Recent experience has demonstrated that the proposed barrier wall will obstruct those cars exiting Casalina Drive and turning left ont PUDE going North. I personally witnessed a. screaming motorcycle coming uphill anround that sharp curve that would have been obscured from view of the left -turning Casalina resident. 10IPage */" • The proposed barrier is not foolproof and does not prevent accidents caused by errant balls. It merely serves to avoid head-on collisions and introduces significant new dangers as well by obstructing the view of left turning Casalina residents exiting onto PUDE going north.. • The proposed Alternative D-1, Option 3, is both feasible and environmentally preferable to the remaining options and locations. Adoption by the City Council of Alternative D-1, Option 3, above, is requested, is fully feasible and provides significant environmental benefits. (The following Transcript is from the November 4, 2009 City Council Meeting with Video Times as noted) Councilman Stern: Well I guess my question and you may have answered it and didn't understand, if they say they won't build it, even if it comes in that that's an alternative that would lessen environmental impact where does that leave us? City Attorngy Luch: Well it could, again it, I'm assuming for the moment that it is equal or greater environmental impact, it's not a problem because you're not required to approve something that has more impact. But if in fact this other alternative will have less impact, then the Council may be obligated, in fact, to approve that alternative. So, I don't know because I don't know what the environmental study will say exactly. Councilman Stern: Are we obligated to (3:51:26) do the least environmental impact solution? City Attorney Lynch: Typically, the City is required to try to implement the environmental solution that has the least environmental impacts that are reasonably feasible to implement. There is always, (um) if it is not reasonably feasible, then the answer is no. The question is, are there reasonably foreseeable environmental impacts that can be mitigated through an alternative project. Councilman Stern: Thank you. (3:51:53) 111 Page IAI W_ e Marymount Counsel Donald M. Davis: (4:01:39) "CEQA only requires you to review (a) reasonable range of alternatives that would significantly and substantially reduce impacts." (4:01:46) Section 21002 of the Public Resources Code adopts the policy that proposed projects should not be approved "if there are feasible alternatives or feasible mitigation measures available which would substantially lessen ... significant environmental effects...." "The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." James B. Gordon 121 Page /S®�15 From: Davis, Donald M. [DDavis@bwslaw.com] Sent: Monday, May 03, 2010 1:00 PM To: cc@rpv.com Cc: Michael Brophy; Michael Laughlin; Scott Boydstun; Randall Fulton; Joel Rojas; Ara M; Carol W. Lynch; David Snow Subject: Marymount College Comment Letter - City Council Meeting of May 4, 2010 Attachments: Scan001.PDF <<Scan001.PDF>> Dear Mayor Wolowicz, Mayor Pro -Tem Long, and Councilmembers Campbell, Misetich, and Stern: As set froth in the attached letter, Marymount College requests that the City Council take the following actions at its meeting of May 4, 2010: (1) approve the College's application for outdoor athletic facilities on the west side of the campus; (2) reject the east side athletic field CEQA alternatives; (3) clarify or modify the Council's direction with respect to proposed Condition of Approval No. 136 regarding outdoor campus events; and (4) acknowledge Marymount's offer to make a contribution towards potential City traffic safety improvement to Palos Verdes Drive East near the campus. On behalf of the College, I look forward to discussing these matter further at the scheduled hearing. Donald M. Davis Partner t dd ?tdt tsk aOW$:P SLiN. fid V Burke, Williams & Sorensen, LLP 444 South Flower Street Suite 2400 Los Angeles, CA 90071 213-236-0600 phone 213-236-2700 fax 213-236-2702 direct www.bwslaw.com The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee. The information transmitted is subject to the attorney-client privilege and represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (213) 236-0600. 5/3/2010 / o T `% 151 444 South Fiower Street - Suite 2400 Los Angeles, California 9007 1-2953 voice 213.236.0600 - fax 213.236.2700 BURKE. WILLIAMS & SORENSEN, LLP www.bwslaw.com May 3, 2010 VIA E-MAIL, & Hand Delivery Writer's Direct Dial: (213) 236.2702 Our File No: 04693-0001 ddavis@bwslaw.com Steve Wolowicz, Mayor Members of the City Council City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Re: Marymount Campus Modernization Plan: City Council Hearing of May 4, 2010 Dear Mayor Wolowicz, Mayor Pro -Tem Long, and Councilmembers Campbell, Misetich, and Stern: For the reasons set forth in this letter and in the record of these proceedings, Marymount College requests that the City Council take the following actions at its meeting of May 4, 2010: (1) approve the College's application for outdoor athletic facilities on the west side of the campus; (2) reject the east side athletic field CEQA alternatives; (3) clarify or modify the Council's direction with respect to proposed Condition of Approval No. 136 regarding outdoor campus events; and (4) acknowledge Marymount's offer to make a contribution towards potential City traffic safety improvement to Palos Verdes Drive East near the campus. 1. Approve Marymount's application for an athletic field and tennis courts on the west side of the campus with the recommended additional netting and fence heights. Marymount appreciates the City Council's apparent willingness to reconsider its denial of the College's application to build a multi-purpose athletic field on the western portion of its campus. Approval of either of the College's athletic field proposals would be fully consistent with the City Council's prior vote on March 31, 2010 to certify the project's Final Environmental Impact Report (FEIR) in that the FEIR found that both the College's original application for the field at the far westerly side of the campus and its alternative application shifting the field slightly to the east (Alternative No. D-2), with the incorporation of certain mitigation measures, would not result in any significant environmental impacts. LA #4819-0299-4694 v I BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 2 As indicated in the staff report for this meeting, the FEIR recommended the use of retractable netting that could be elevated to approximately 20 feet in height to contain errant balls. (See Mitigation Measure TR -6.) The Council has directed staff to assess the feasibility and potential impacts of increasing the height of the netting up to 30 feet. Staff concludes at p.13-10 of their report that "the limited use of a retractable net, at a height of 30 -feet, would [not] result in adverse view impacts experienced from the roadway or from neighboring properties to the north." The College's concurs with this determination based on the facts presented in the staff report. The College further notes that because the field is actually cut into the site, there is a 10-12 foot height difference between the surface of the field and the surrounding "berm" on the north side of the field, and thus less than 20 feet of netting (80% open to light and air) would actually be exposed to public view in this vicinity. The College's architect has indicated that it is feasible for the College to provide the suggested 10 additional feet of net height. Accordingly, if desired by the City Council, the College is prepared to accept, as a condition of approval, providing additional mitigation beyond Measure TR -6, in the form of retractable netting along the northwestern and southwestern corners of the athletic field. In terms of preferred site plans, with the additional field netting, the College hopes that the City Council would also reconsider approving Marymount's original site plan for the athletic field and tennis courts because it does not separate or impact the instructional and competitive use of the tennis courts as does Alternative No. D-2.' On the other hand, if the City Council is only willing to approve the College's other submittal (Alternative No. D-2), which proposes to shift the field further east by placing two tennis courts at the most westerly side of the campus, then the College requests that the fencing for these tennis courts remain at 10 feet, or if additional fence height is desired, then such additional height should be limited to the west and south sides of the courts, which are closest to the road, and not the entire perimeter of the courts. 2. Reject CEQA athletic field Alternative No. D -'E as environmentally inferior and infeasible. Marymount was surprised and disappointed to see that significant additional time and resources were spent trying, but ultimately failing, to find a configuration for an athletic field on the east side of campus under Alternative No. D-1 that would not result in significant new and unavoidable environmental impacts. As stated on pages 13-6 and 13-8 of the staff report, each of the two additional alternative field configurations studied would necessitate placing additional parking where it would create a significant aesthetic impact to the College's neighbors to the north. Accordingly, the City Council has no legal authority under CEQA to recommend any of the variations on Alternative No. D-1. See attached original field site plan and cross-sections showing difference in grade between the field and PVDE. LA #4819-0299-4694 v l BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 3 Under CEQA, a project alternative may only be considered where it: (1) offers substantial environmental advantages over the project proposal; and (2) may be feasibly accomplished in a successful manner considering economic, environmental, social and technological factors involved. (Pub. Resources Code §§ 21002, 21061.1; CEQA Guidelines § 15364; Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 565.) Because none of the three alternative site plans analyzed under Alternative No. D-1 fully avoids significant effects on the environment based on the evidence presented by staff, the first prong of this test is not satisfied, and therefore under CEQA, no further consideration of these alternatives is warranted. (See Public Resources Code § 21002.1 and CEQA Guidelines § 15126.6; see also Mann v. Community Redevelopment Agency (1991) 233 Cal,App.3d 1143, 1151 [alternative properly rejected due to lack of evidence demonstrating a substantial environmental benefit].) For the record, Marymount offers the following additional potential environmental impacts as grounds to reject the two further configurations for Alternative No. D-1 analyzed in the staff report. Marymount is compelled to do so because the staff report omits some potentially significant issues previously raised by staff under very similar circumstances with respect to the College's proposal to construct residence halls and an athletic building in the same general vicinity. • The alternatives would require construction on a man-made extreme slope, which activity staff has previously discouraged and recommended that the Planning Commission not support with respect to the College's application for the residence halls. • The alternatives would require significant grading of the extreme and natural slope in order to construct retaining walls at heights of 30-40 feet,2 which activity would be inconsistent with General Plan Urban Environment Element Policy 11 [control alteration of natural terrain). • Retaining walls with heights up to 30-40 feet running the length or width of the field and extending down over the slope would appear to introduce a new visual character impact far greater than the minimal intrusion of the athletic building that staff previously recommended be pushed back 10 feet from the top of the slope. 2 Although the staff report estimates the maximum retaining wall heights at 20-25 feet, the College's consultants believe the resulting heights would be 30-40 feet (based on a surface elevation of the field of about 908' or 910'. LA #4819-0299-4694 v I BURKE, WILLIAMS & SORENSEN, LL? Marymount College Comments City Council Meeting of May 4, 2010 Page 4 According to the College's engineering geologist, Associated Soils Engineering, Inc., the use of retaining walls in this area would likely require a caisson and grade beam foundation system at depths on the order of 1 to 1.5 times the height of the proposed walls. This could introduce significant new geologic and soil issues, and these potential new construction impacts would, at minimum, need to be evaluated for their significance due to the proximity of the retaining walls to adjoining residential properties. Finally, with respect to the "feasibility" prong of the CEQA-test for project alternatives, these configurations are not feasible for the College from a practical planning standpoint or economically. The western portion of the campus allows Marymount flexibility to alter the configuration of the field should such future need arise. The proposed east -side configurations offer no such flexibility, as any alteration to the field would, at minimum, require the construction of costly new and higher retaining walls. In terms of costs, the west -side field can be made of natural grass and is estimated to cost less than $500,000. An athletic field on the east side of campus, according to the College's construction management firm (Stegeman and Kastner, Inc.), would add incremental construction costs in excess of $1.6 million to this figure due to the costs associated with the use of synthetic turf (approx. $850,000) and the grading and extra construction needed for a field resting on massive retaining walls that extend over a slope.' In sum, the lack of any superior environmental benefits to an east -side field and the infeasibility of such a plan have been readily apparently to the College since the outset of this project, which is why the College has only applied for and is only prepared to construct an athletic field on the west side of its campus. Marymount respectfully requests that the City Council also accept these facts and approve the College's application to construct an athletic field and tennis courts on the west side of campus, with the additional mitigation measures proposed by staff. 3. Amend Proposed CUP Condition No. 136 establishing a new cap on outdoor campus events, including religious services. At the hearing on March 31, 2010, Marymount requested that the City Council either reject or modify the changes being proposed by staff to CUP Condition No. 136 as it was approved by the Planning Commission. 3 See attached Stegeman and Kastner letter dated April 30, 2010. LA 114819-0299-4694 vl BURKL, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 5 The condition approved by the Planning Commission read as follows: 136) The use of outdoor amplification equipment, with the exception of annual graduation ceremonies, shall be prohibited unless a Special Use Permit is obtained. Such activities and other outdoor events should attempt to be located as far away from residential areas as possible. Subsequent to such approval, in their report of September 12, 2009, staff proposed to amend the condition to establish a cap on the number of outdoor events that could take place on campus using amplified sound pursuant to a special use permit as permitted under the current CUP. Here is the amendment offered by staff: 136) The use of outdoor amplification equipment for outdoor eventsshalI be prohibited unless a Special Use Permit is obtained. Prior to September 1St of each year, the College may request an annual Special Use Permit to conduct no more than 24 outdoor events that include amplified sound, including sporting events, graduation ceremonies, and evening tent events, during the next 12 months (ending August 31st} Such activities and other outdoor events shall be allowed to occur at Chapel Circle, the plazas adjacent to the library and the Auditorium (as shown on the site plan approved by the City Council), and the outdoor pool area. The Athletic Field and Tennis Courts may only be used with amplified sound for graduation ceremonies . In the early morning hours of April 1, 2010, Mayor Pro -Tem Long made an omnibus motion that attempted to address all of the College's concerns regarding the CUP. Without explanation, the request to amend this condition was denied. This result is inconsistent with the City Council's general position not to change existing conditions where there is no evidence to support such changes such as the appellant's attempt to restrict the approved campus hours of operation. Here, staff has never offered any substantive explanation as to the need for such a cap, other than its apparent recognition there was no cap on outdoor events. This amendment is a particularly unwarranted intrusion on campus operations due to the fact that the City already has in place a vehicle to monitor such events in the form of the Special Use Permit requirement. Although the SUP process creates an added burden on the College, Marymount has lived with this process for two decades, in part, because changes can be made administratively by staff in a relatively prompt manner. The proposed arbitrary cap on events, however, would require a discretionary approval and noticed public hearing before it could be amended should the College need a add a single additional event. Accordingly, the College requests that as part of its direction to Staff on the preparation of the final project resolutions that these staff changes be deleted altogether or modified as set forth below to allow a more reasonable number of events (e.g., 35 events), LA 114819-0299-4694 v] � �� ,, BURKE, WILUAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 6 Here is Marymount's proposed revision: 136) The use of outdoor amplification equipment for outdoor eventsshall be prohibited unless a Special Use Permit is obtained. Prior to September 1s' of each year, the College may request an annual Special Use Permit to conduct no more than 35 outdoor events that include amplified sound during the next 12 months (ending August 31). Such activities and other outdoor events should attempt to be located as far away from residential areas as possible. 4. Marymount supports the recommended traffic safety improvements proposed for Palos Verdes Drive East in the vicinity of the College identified in the Preliminary Study Report previously accepted by the City Council, and would be willing to make a significant contribution towards the inclusion of a concrete median barrier as part of such City project. As a matter separate from the College's proposed campus modernization plan, the College has reviewed the Palos Verdes Drive East (PVDE) Preliminary Study Report ("Report") commissioned by the City and subsequently accepted by the City Council earlier this year. The College was at the time, and remains, supportive of the recommended safety improvements for the segment of roadway between the College and Ganado Drive, which include: • Reduce the width from four lanes to two lanes. • In conjunction with the lane reduction, provide a two-way left turn lane. • In conjunction with the lane reduction, provide right turn/deceleration lanes on the southbound side, where feasible. • Install bike lanes on both sides of the street.4 Marymount understands that during the public meetings on the draft Report some residents actually suggested the construction of a concrete median barrier along the curve between the College and Ganado Drive, but such an improvement was ultimately not included in the adopted Report. The College further understands that the City Council may have a renewed interest in the potential inclusion of a median barrier along this segment of PVDE as part of its future roadway safety improvement project, and the College has reviewed with interest the feasibility analyses and cost estimates for such a median prepared by.Willdan Engineering and Adams Engineering that were included in the agenda packet. 4 See Report at p.85 LA 04819.0299-4694 v 1 7 &� P BURKE, WILLIAMS & SORENSEN, LLP Marymount College Comments City Council Meeting of May 4, 2010 Page 7 Of the two studies, the second median barrier option proposed in the Willdan study appears to be the most compatible with the safety improvements that have already been endorsed by the City Council in the Report, and also appears to be both feasible and cost- effective. In reviewing the breakdown of Willdan's $455,400 cost estimate for this option, the costs directly attributable to the addition of a concrete barrier (i.e., excluding the pre-existing road narrowing, lane restriping, and drainage work) appear to be on the order of approximately $100,000. Marymount has had a long-standing desire to see traffic safety improvements made to PVDE in the vicinity of the campus. To that end, the College would be prepared to contribute up to $200,000 towards the construction of a concrete median barrier in this segment of PVDE along with the related safety measures previously identified and approved by the City Council in the Report if the City proceeds with such a project. If subsequently desired by the Council, the College would be willing to confirm this offer as part of a more formal contribution agreement. in conclusion, Marymount appreciates the Council's consideration of the four matters set forth in the letter, and trusts that the scheduled hearing is truly the last hearing before the Council takes its long-awaited final action on the FEIR and requested entitlements for Marymount's campus modernization plan. Sincerely, BURKE, WILLIAMS & SORENSEN, LLP 6,1S DONALD M. DAVIS Attachments: Stegeman and Kastner letter dated April 30, 2010 (alternative field costs) cc: (Via E -Mail only) Dr. Michael Brophy Michael Laughlin, Psomas Joel Rojas, Community Development Director Ara Mihrananian, Principal Planner Carol Lynch, City Attorney Dave Snow, Assistant City Attorney LA #4819-0299-4694 v 1 ® /! 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LW 0 0" o a : Q d' N O 07 O7 01 W ; ail f�� =•F : V G i1. i x,ss5M d0 N .... 0 000 S00 Ot Qi Cf 00 00 y4yomwwl aInd DEVELOPMENU, P -OJE CI AND CGNST.R3CT10N MANAGEMENT Apd130, 2010 Mr. Don Davis Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071 Subject: Marymount College, Palos Verdes Campus Improvement Plan Project Dear Don: We have made a preliminary review of the alternate athletic tiled layouts proposed by the City of Rancho Palos Verdes M the Staff report for the May 4 2020 public hearing on the Appeal of the Marymount College Facilities Expansion Project. As requested we have developed a preliminary conceptual construction cost estimate as the incremental cost of the City proposed alternate plan D-1, Option 2, compared to the construction cost of the athletic field in the configuration included in the FEIR. This conceptual cost estimate address only the athletic field and does not include any costs for redesign or additional costs to address other programmatic scope displaced by the proposed afiemate design. Our initial estimate incremental construction cost for the alternate plan D-1, Option 2 is approximately $1,650,000. We can provide a more accurate estimate through development of additional information on this proposed alternate, the rough order of magnitude of cost should not significantly. Please let me know if you have any questions. Sincerely, R. Randall Fulton Executive Vice President and Principal 2601 Oc; an F'r:ak Suite 300 Sui> n f-Ainic;r, CA 904U-51 (3 3%) 4,150-9010 PAX (31 0) raj;? =tiht1 Scin iKh 471.13 :;C. .;;r:c:::iaitG . yl rIE•;a,CtnIC't. CA4.. $g �,�... . 6• . 7an F,:i.;,,•�,,.taf>; wi10's.,.;r•�:K:�;��:�x:;..,•;,7U-k.cc��;: