CC MINS 20090616 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 16, 2009
The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session.
The meeting reconvened at 7:05 P.M.
City Council roll call was answered as follows:
PRESENT: Gardiner,* Long, Stern, Wolowicz, and Mayor Clark
ABSENT: None
* Councilman Gardiner was present via teleconference from the following remote
site: 3115 Martingale Drive, Rancho Palos Verdes, CA. He left the meeting at 7:56 P.M.
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Joel Rojas, Director of Planning, Building, and Code
Enforcement; Jim Bell, Director of Public Works; Dennis McLean, Director of
Finance/Information Technology; Kathryn Downs, Deputy Director of
Finance/Information Technology; Eduardo Schonborn, Senior Planner; Sara Singer,
Senior Administrative Analyst; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Councilman Long.
CEREMONIAL:
Mayor Clark announced the retirement of Maintenance Superintendent Larry Still,
reviewed his accomplishments and presented him with a City tile.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark presented Aviation Survival Technician 2nd Class Mitch Latta; Aviation
Survival Technician 3rd Class Gabe Humphrey; and, Avionics Electrical Technician Brad
Young with the Mayor's RPV Heroes awards.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the June 2, 2009 City Council
meeting: Ralph Day and Clark Sandberg. He indicated that all winners receive a check
for $250 representing a year of free refuse service and urged everyone to participate in
the City's recycling program.
APPROVAL OF AGENDA:
Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to approve the Agenda
with Item Nos. 18 (Terranea Resort - Request for Financial Assistance Using Future
Transient Occupancy Tax Revenue— Ordinance No. 490) and 19 (Increase of Transient
Occupancy Tax Rate) moved to immediately after the Consent Calendar and the
following items continued to an Adjourned Regular Meeting to be held on June 18,
2009: Item Nos. 17 (Draft City Budget for Fiscal Year 2009-2010), 20 (2009 Five-Year
Financial Model), 21 (Five-Year Capital Improvement Plan), 22 (Introduce an Ordinance
of the City of Rancho Palos Verdes Creating Chapter 10.36 — On-Street Parking of
Oversized Vehicles) and 23 (Neighborhood Permit Parking Educational Outreach).
Discussion between staff and Council focused on whether there was time to consider
the entire agenda as presented this evening.
The motion carried on the following roll call vote:
AYES: Gardiner, Stern, Wolowicz, and Mayor Clark
NOES: Long
PUBLIC COMMENTS:
James Quong, Rancho Palos Verdes, reported being in foreclosure due to a dispute
with a contractor regarding work on his home and asked for the Council's or City
Attorney's assistance in the matter.
City Attorney Lynch provided brief comments regarding the City's involvement in the
matter and confirmed that Mr. Quong needs to hire an attorney to represent him in the
receivership case before the judge.
MAYOR'S ANNOUNCEMENTS (CONTINUED):
Sheriff's Captain Ronene Anda introduced Los Angeles County Sheriff Chief Cecil
Rhambo.
Cecil Rhambo, the new Chief of the Los Angeles County Sheriff's Department, reported
overseeing seven patrol stations, three bureaus, and the Community Law Enforcement
Program.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed on Item Nos. 8,
11, and 12, and there were three requests to speak regarding Item No. 12.
City Council Meeting Minutes
June 16, 2009
Page 2 of 17
Deputy City Manager Petru noted that regarding Item No. 7 (Extension to Lease
Agreements with Verizon Wireless and New Cingular Wireless Associated with the
Monopole at City Hall), only the lease agreement with Verizon Wireless would be
approved, and requested the continuance of the agreement with New Cingular Wireless
to the June 30, 2009 City Council Meeting.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the
Consent Calendar with Item No. 12 (Appeal of the Planning Commission's Approval of
Case No. ZON2007-00046 —Variance and Coastal Permit—for Property Located at 24
Sea Cove Drive) to follow immediately after the Consent Calendar and Item No. 7
modified to continue the Second Amendment to the Lease Agreement with New
Cingular Wireless to the June 30, 2009 Council Meeting.
The motion passed by the following roll call vote:
AYES: Gardiner, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes (301)
Approved the Minutes of the May 7, 2009 Regular Meeting.
Contract for Citywide Fuel Modification FY08-09 (1204)
Approved the amendment to the contract with Ranchito Tivo Boer Goats to perform
brush clearance for fuel modification.
Notice of Completion for the FY 2008-2009 Sidewalk Repair Program (1405)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder's Office and, if no claims are filed 35 days after
recordation, notify the surety company to exonerate the Payment and Performance
Bonds; and, 3) Authorized the Director of Public Works to release the 10% retention
payment in the amount of$32,743.20 to CJ Construction, Inc. 35 days after recordation
of the Notice of Completion by the County Recorder's Office contingent upon no claims
being filed on the project and the contractor posting an acceptable warranty bond.
Amendment to the Community Development Block Grant (CDBG) Program
Pursuant to the American Recovery and Reinvestment Act (ARRA) of 2009 (601)
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June 16, 2009
Page 3 of 17
1) Approved the proposed Community Development Block Grant-Recovery Act
(CDBG-R) project and budget; and, 2)ADOPTED RESOLUTION NO. 2009-36, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
TO AMEND THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
Memorandum of Understanding with the City of Los Angeles related to the
Justice Assistance Grant (JAG) for Law Enforcement Services (602 x 1206)
Authorized the Mayor and City Clerk to execute the Memorandum of Understanding
with the City of Los Angeles for the Justice Assistance Grant.
Extension to Lease Agreements with Verizon Wireless and New Cingular Wireless
Associated with the Monopole at City Hall (1601 x 1201)
1) Approved the Fourth Amendment to the Lease Agreement with Verizon Wireless to
extend the term of the agreement to June 30, 2014; and, 2) Continued the consideration
of the Approval of the Second Amendment to the Lease Agreement with New Cingular
Wireless to the June 30, 2009 City Council Meeting.
Award of Contracts for On-Call Professional Services (1204)
1) Authorized the award of a three-year contract for on-call professional services to the
following firms: Adams Consulting Engineers; AEI Consultants; AMEC Earth &
Environmental, Inc.; BOA Architecture; Bureau Veritas; CBM Consulting, Inc.; Charles
Abbott Associates, Inc.; DMc Engineering; Dudek & Associates; Group Delta
Consultants; Harris & Associates; Helix Environmental, Inc.; Huitt-Zollars; Hunter
Kennedy & Associates; John David Cicchetti; John M. Cruikshank Consultants, Inc.;
John L. Hunter& Associates; KDM Meridian; Kleinfelder Consultants, Inc.; Lenocker &
Associates; Merit Municipal Engineering Services; Nobel Systems; PBS&J; PVPLC;
RBF Consulting; SA Associates; The Traffic Solution; Tran Systems; Willdan; and
Zieser Kling; and, 2)Authorized the expenditure of funds with each of these firms within
budget limitations, with a not to exceed amount of up to $25,000 for any single project.
Palos Verdes Drive East Interim Safety Improvements Grant Application Update
(602 x 1404)
Received and filed the 2008 Highway Safety Improvements Program (HSIP) Grant
Application update for the Palos Verdes Drive East Interim Safety Improvements
project.
Adoption of Ordinance No. 489, an Ordinance of the City of Rancho Palos Verdes,
Amending Chapter 5.24 (Massage Establishments and Technicians) of the City's
Municipal Code (202)
City Council Meeting Minutes
June 16, 2009
Page 4 of 17
ADOPTED ORDINANCE NO. 489, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 5.24 (MASSAGE ESTABLISHMENTS AND
TECHNICIANS) OF THE CITY'S MUNICIPAL CODE.
City Investment Policy - FYO9-10 (602)
Adopted and filed the FY09-10 Investment Policy for the City of Rancho Palos Verdes.
Appeal of the Planning Commission's Approval of Case No. ZON2007-00046,
(Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive (1804)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2009-37, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
# # # # # #
Items Removed from the Consent Calendar:
Appeal of the Planning Commission's Approval of Case No. ZON2007-00046,
(Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive
Pamela Simes, Rancho Palos Verdes, speaking for herself and her husband, Don
Fleming, thanked the Council for upholding the appeal and requested the Council
approve the resolution to uphold the appeal and overturn the Planning Commission's
decision.
Councilman Long moved, seconded by Mayor Clark, to adopt the staff recommendation.
Council discussion ensued on a request to delay the decision on the matter for two
weeks.
Councilman Stern proposed a substitute motion, seconded by Mayor Pro Tem
Wolowicz, to continue the item to the June 30, 2009 City Council Meeting.
The substitute motion passed on the following roll call vote:
AYES: Stern, Gardiner, Wolowicz, and Mayor Clark
NOES: Long
REGULAR NEW BUSINESS:
City Council Meeting Minutes
June 16, 2009
Page 5 of 17
Terranea Resort - Request for Financial Assistance Using Future Transient
Occupancy Tax Revenue — Ordinance No. 490 (1804)
Councilman Long stated that he would be recusing himself from the discussion of the
item; and City Manager Lehr also recused herself from discussion of the item. They left
the Council Chambers at 7:51 P.M.
City Attorney Lynch explained that this item was on the agenda for reintroduction of the
ordinance due to substantive modifications to the ordinance for purposes of clarity as a
result of Council comments made at the June 5, 2009. She reported that there were
further details to finalize regarding issues concerning Lowe's letter of representations to
the City and its advisors, which would hopefully be finalized by June 30, 2009.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to: REINTRODUCE
ORDINANCE NO. 490, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ESTABLISHING A HOTEL INCENTIVE PROGRAM AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
The motion passed by the following roll call vote:
AYES: Gardiner, Stern, Wolowicz, and Mayor Clark
NOES: Long (recused)
Councilman Long and City Manager Lehr returned to Council Chambers.
Councilman Gardiner discontinued participation in the meeting at 7:56 P.M.
Increase of Transient Occupancy Tax Rate (1501)
City Attorney Lynch provided a brief staff report regarding the item. She reported that in
order for the item regarding the proposed increase of the Transient Occupancy Tax
(TOT) rate to be placed on the ballot, the matter would require four affirmative votes of
the City Council; and in order for the measure to pass, it would require a majority
approval by the voters.
Council discussion ensued regarding the possible increase of the Transient Occupancy
Tax (TOT) rate to be similar to that of other coastal cities with resort hotels.
Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to place an increase of the
City's Transient Occupancy Tax on the November ballot thereby directing that the
ordinance and appropriate resolutions be prepared and presented for adoption at the
June 30, 2009 Council meeting.
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
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June 16, 2009
Page 6 of 17
ABSENT: Gardiner
Mayor Clark suggested that he and Mayor Pro Tern Wolowicz consider serving on the
subcommittee to draft the argument in favor of the ballot measure.
PUBLIC HEARINGS:
Citywide Landscaping and Lighting Maintenance District (901)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and late correspondence was distributed to Council prior
to the meeting.
Mayor Clark opened the public hearing.
There were no requests to speaker on the item.
Councilman Stern moved, seconded by Councilman Long, to waive the staff report.
Mayor Clark closed the public hearing.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to: 1) Conduct a
public hearing on the proposed levy and collection of assessments within the Citywide
Landscaping and Lighting Maintenance District for Fiscal Year 2009-10 and the
Engineer's Report prepared in connection therewith; and, 2) ADOPT RESOLUTION
NO. 2009-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM
AND ASSESSMENT FOR THE 2009-10 FISCAL YEAR IN CONNECTION WITH THE
CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE.
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Zone Text Amendment to the Commercial Limited (CL) Zoning District (Case No.
ZON2009-00034) [Continued from May 5, 2009] (1801)
City Clerk Morreale reported that this public hearing was continued from May 5, 2009.
Senior Planner Schonborn provided a brief summary report and PowerPoint
presentation.
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June 16, 2009
Page 7 of 17
Council and staff discussion included the following topics: the classification of a
particular type of store as a liquor, convenience, or grocery store; the requirement for a
Conditional Use Permit (CUP) for a convenience store; clarifications and proposed
modifications to particular sections of 17.14.030 for purposes of consistency, regarding
the particular zoning uses that would require the approval of the Planning Commission
versus the approval of the Director of Planning; the State law that allows the concurrent
sale of alcoholic beverages and motor fuel at the same site; and, the appeal process
that is available for applicants when the Director of Planning makes a determination.
Jim Herrera, Rancho Palos Verdes, Pierson Properties representative, stated that they
hoped to keep their property in the Miraleste Plaza zoned CL without the need for a
CUP overlay as he believed it would be a burden.
Joan Davidson, Palos Verdes Estates, stated that she believed the item was on the
agenda because of the Valero application, and that small businesses would suffer if the
Zone Text Amendment is approved.
David Hsu, Rancho Palos Verdes, stated that the current zoning was working and
voiced support for no change to the current zoning.
Mayor Clark closed the public hearing.
Council and staff discussion continued on the following issues: classifications of
particular types of stores, including definitions of liquor, convenience, or food markets;
the history of the item; conditionally permitted uses vs. by-right uses of particular types
of stores; the concurrent sale of alcoholic beverages and motor fuel as permitted by
State law; an unwillingness to burden small businesses; support for and opposition
against requiring CUPs for pharmacies, liquor stores, and food markets; and a question
regarding the need to modify the CL Zoning.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to adopt Alternative
3, denying the proposed Code Amendment, thereby making no changes to existing
Municipal Code Chapter 17.14, other than the modifications as discussed by staff to
clarify the inconsistencies in that particular chapter.
Councilman Long requested a split vote on the question, since he was in favor of the
language clarifications.
The maker and seconder of the motion agreed to split the question.
Councilman Stern moved, seconded by Mayor Pro Tern Wolowicz, to make the
technical clean-up modifications to Municipal Code Chapter 17.14 as discussed by
Council and staff.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
City Council Meeting Minutes
June 16, 2009
Page 8 of 17
NOES None
ABSENT: Gardiner
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to adopt Alternative
No. 3, thereby making no changes to the Commercial Limited Zoning.
The motion failed on the following roll call vote:
AYES: Stern and Wolowicz
NOES: Long and Mayor Clark
ABSENT: Gardiner
Councilman Stern moved, seconded by Councilman Long, to table the item.
The motion failed on the following roll call vote:
AYES: Stern and Long
NOES: Wolowicz and Mayor Clark
ABSENT: Gardiner
Further Council and staff discussion ensued on what they were voting on and how to
proceed with the matter.
Mayor Clark moved, seconded by Councilman Long, to continue the item to a future
meeting.
Councilman Long withdrew his second and the motion for continuance died for lack of a
second.
City Attorney Lynch explained the next steps which would require the introduction of the
ordinance as amended by providing the clean-up clarifications as outlined by the City
Attorney and staff.
Councilman Long moved, seconded by Councilman Stern, to INTRODUCE
ORDINANCE NO. 491, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING SECTION 17.14.030 OF CHAPTER 17.14
(COMMERCIAL LIMITED ZONE DISTRICT) OF TITLE 17 OF THE CITY'S MUNICIPAL
CODE.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
RECESS AND RECONVENE:
City Council Meeting Minutes
June 16, 2009
Page 9 of 17
Mayor Clark called a brief recess from 8:59 P.M. to 9:13 P.M.
Appeal of the Planning Commission's Denial of Case No. ZON2008-00091 for a
General Plan Amendment and Zone Change for Property Located at 28103
Hawthorne Boulevard (Valero Gas Station Site) [Continued from May 5, 2009]
(701)
City Clerk Morreale reported that this public hearing was continued from May 5, 2009.
Council and speaker discussion ensued on how much time would be necessary and
how they would proceed with the amount of speakers present.
Councilman Long moved, seconded by Councilman Stern, to grant the appellant 12
minutes to speak and up to 12 minutes of rebuttal time if needed, and to grant the
opponents a total of 45 minutes to speak.
Without objection, Mayor Clark so ordered.
Senior Planner Schonborn presented a brief staff report highlighting the key points
regarding the project.
Councilman Stern reported that he had met with Steve Kuykendall and the owners at
the site two weeks ago. Councilman Stern received clarification that even if the zone
change was approved, the automotive overlay would remain as a continued use as a
matter of right.
Steve Kuykendall, representative, Rancho Palos Verdes, provided background on the
project; noted the current use provided the highest negative impact of any commercial
use; opined that a retail business would serve the neighborhood better than three
homes; reported that the owners were willing to execute a development agreement in
order to provide an added level of protection for the community regarding existing and
future uses; discussed the current economic situation; and, noted that without a zone
change no options would be available to the owners.
Dr. Pantea Hannauer, Rancho Palos Verdes, reported a brief overview of the history of
the project site; reported losing a potential buyer due to the zoning change issue; noted
that the community had been polarized over the project; clarified that the gas station is a
commercial entity; and, requested that the Council grant the zone change for the project
site.
Members of the audience in support of the zone change for the project raised their
hands at the request of Mr. Kuyendall and Mayor Clark.
A discussion ensued between the Council and Mr. Kuykendall regarding: the inability of
the station to meet the minimum number of gallons required to be sold per month and
requirements to update the site according to Air Quality Management District
regulations; clarification that the owners would be amenable to entering into a
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June 16, 2009
Page 10 of 17
development agreement by which any new use permitted in the CL zone other than the
current use would be subject to a full fledged review; appeal rights; the difficulty of the
current economy; and, current needs for automotive uses.
Lindley Ruddick, Rancho Palos Verdes, read the definition of the Commercial Limited
Zone from the Municipal Code and presented a map indicating that the majority of
nearby neighbors opposed the zone change. He noted that the City's Code was clear
as to what would happen if the service station ceased to exist and opined that
commercial development was not a viable option for the project site.
Stuart Friedland, Rancho Palos Verdes, stated that the Valero Gas Station does not
have enough business for the simple economic reason that the gasoline was not price
competitive to other stations. He stated that the Council should use the General Plan
and the Municipal Code to preserve the community.
Bill Semos, Rancho Palos Verdes, opined that a zone change was a serious matter,
and that a zone change at this site was not justified.
Helen Fung, Rancho Palos Verdes, expressed opposition to a zone change and stated
that the project site had enough space for only one business.
Mel Steinberg, Rancho Palos Verdes, expressed opposition to a zone change and cited
a similar project in Los Angeles where homeowner opinions were honored. He
requested that the City Council respect the will of the people in the community.
Ann Stone, Rancho Palos Verdes, expressed opposition to a zone change for the
project location; stated that the project should be defined, so that any and all issues
including traffic and safety can be addressed.
Joy Ciniero, Rancho Palos Verdes, expressed opposition to a zone change for the
project site, noting that a properly managed gas and automobile service station would
be supported by the community and profitable.
Connie Semos, Rancho Palos Verdes, presented a map representing a survey of the
neighbors east of Gran Via Altamira and north of Hawthorne that are opposed to a zone
change and asked that the copies of the petitions and comments be part of the
administrative record.
Kathy Tyndall, FOR RPV, Rancho Palos Verdes, stated that there is a deficiency in the
General Plan noting that the City could not designate a property for a use without an
intensity indicator.
Joan Davidson, Palos Verdes Estates, expressed opposition to a zone change at the
project site; questioned whether all alternatives for the Valero property had been
explored; and, provided a PowerPoint presentation of the possible uses of the property
and visual representations as provided by the owners.
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June 16, 2009
Page 11 of 17
Yolanda Hsu, Rancho Palos Verdes, expressed concern with pedestrian and
automobile traffic in the area and reported that her son had issues with fraudulent use of
his credit card after the card was denied at the Valero Gas Station.
David Hsu, Rancho Palos Verdes, stated that the 7-11 Store was not a good
development and noted that a new development at the Valero project site would bring
additional concerns with traffic, noise, crime and safety, and a potential negative effect
to property values in the area.
Dr. Ram Potukuchi, Rancho Palos Verdes, stated that the Valero Gas Station was not
competitive and not service user friendly. He expressed concern that a strip mall with
cheap shops and liquor would be allowed to operate at the project location.
John Freeman, Rancho Palos Verdes, expressed opposition to a zone change, noting
that there were only the three following choices: a new commercial zone; a return to
residential zoning at the location; or leave the zoning as it currently exists, with no
changes.
Nima Gavin, Rancho Palos Verdes, expressed support for the zone change; disagreed
with the staff report which indicated that the Valero property and the 7-11 property
received equal treatment as the 7-11 as a commercial limited property has more
options; noted that the Valero Gas Station's prices were comparable to other stations;
and asserted that there were too many gas stations in the area to sustain this one.
Rastin Ashtiani, Rancho Palos Verdes, spoke in support of the zone change at the
project site.
Farzad Vandani, Rancho Palos Verdes, spoke in support of a zone change at the
project site.
Mahmud Tajalli, Rancho Palos Verdes, spoke in support of a zone change for the
Valero Gas Station.
Fred Lavi, Rancho Palos Verdes, spoke in support of a zone change and expressed
surprise that the owner wanted to down-zone his property.
Magda Kispal, Rancho Palos Verdes, expressed support for a zone change which she
believed would help serve the neighborhood and pointed out that the Planning
Commission would have to approve any project for the site.
Bruce Azad, Rancho Palos Verdes, supported the zone change, noting that the
business served the community in conjunction with the other businesses across the
street; rebutted increased traffic concerns; and discussed the following issues:
economic diversity; the automotive overlay ordinance; and, the disparity between the
way the project property and the ones across the street are being treated. He asserted
that the business was unable to expand and thrive due to the misalignment between its
current use and the zoning of the site.
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June 16, 2009
Page 12 of 17
Saeedeh Tajalli, Rancho Palos Verdes, spoke in support of the zone change and the
potential for a future business at the site.
Diana Feinberg, Ridgegate East Homeowners Association (HOA), Rancho Palos
Verdes, reported that the Board of the Ridgegate East HOA opposed a zone change for
the project site; noted that the traffic studies had not reflected increases in traffic due to
the Terranea Resort; and requested that the Valero Gas Station site remain as an
automotive overlay use.
Ana Ferasat, Rancho Palos Verdes, stated that she appreciated the due process that
she has observed as a part of the appeal process, noting that a zone change was
intended to accommodate changing circumstances. She suggested that the traffic
issues could be resolved by bringing in better businesses that people could walk to and
noted that it was harmful that people had suggested that the business owners were
dishonorable.
George Bender, Rancho Palos Verdes, stated that automotive repair businesses across
the country were thriving and noted that 60% of residents were leaving the peninsula for
auto repair services down the hill.
William Parker, Rancho Palos Verdes, stated that he urged the Council to uphold the
Planning Commission findings and recommendations to deny the proposed zone
change, noting that the property owner's proposals for the project site were big box
businesses which would not be compatible with the neighborhood.
Tanja Bucur, Rancho Palos Verdes, stated that she was opposed to a zone change for
the project site and expressed concern over the following points regarding the project
site: historical investigation regarding site contaminants; structural investigation of the
property in the CEQA process including imported fill for the site; present and future
exposure issues to adjacent properties; and the impacts to the neighbors in light of prior
use of the site. She noted that a zone change would not make site a viable commercial
entity, discussed the need for a variance and required setbacks and landscape buffers
required by the General Plan. She expressed concern with increased pollution, traffic,
noise and lower property values.
Ms. Davidson (given speaker time of Michael Majid) concluded her earlier presentation
regarding her opposition to the zone change and provided PowerPoint images
illustrating developments proposed by the owners of the Valero Gas Station. She noted
that she preferred the current zoning of the gas station or automotive use for the project
site, but would support as a second choice the site reverting to the underlying zone,
which is residential.
Jim Moore, Pacific View HOA, Rancho Palos Verdes, reported that the community was
full of active organizations and volunteers and noted that he had found nothing of record
to indicate that the Valero business had offered support to the community organizations
over the years. He noted that the station's prices were not competitive, complained
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June 16, 2009
Page 13 of 17
about not having enough business, and objected to the removal of the air pump that had
been at the station for many years.
Mr. Kuykendall, in rebuttal clarified that there was currently no proposed project for the
Valero Gas Station site and that the automotive overlay zone would remain for the
property. He discussed the traffic studies, noting that the current use, which has been
in place for 40 years is probably the highest commercial traffic impact that there could
be. Mr. Kuykendall cited difficulties with the current economic environment, financing,
and the lack of economic viability of the current business. He reported that a potential
buyer had backed out of considering the property since the land was not properly
zoned. He reiterated that the offer of the owners to provide a development agreement
for any use of the site to go through a CUP process. He asserted that any future
commercial use of the site would have less impact on the community than the current
use.
Discussion between Council and staff included the following issues: procedures in order
to move forward with a zone change and development agreement as proposed by the
applicant; evaluation of contamination issues and remediation if necessary; issues
regarding traffic, ingress and egress to the site, curb cuts, and access points; the effect
of CL zoning or a development agreement on the City's ability to dictate conditions; and
the difficulty of requiring an applicant to mitigate existing possible deficient conditions.
Mayor Clark closed the public hearing.
Councilman Long moved, seconded by Councilman Stern, to direct staff to return with
the necessary resolutions to affect a zoning change of the property to Commercial
Limited and concurrently bring back a development agreement meeting the criteria
discussed requiring that any use other than uses that fall within the existing Automotive
Service Overlay would be required in the development agreement to go though the full
CUP process, and that the property remain Automotive Overlay. Councilman Stern
seconded the motion.
City Attorney Lynch pointed out that any change from one automotive overlay use to
another would require a CUP.
Councilman Long agreed to incorporate that into his motion.
Councilman Long stated that the issue being considered is a zone change, not a project
and if a future use is considered a public hearing would be required. He opined that
residential use of the property was not desirable; the current use of the property as an
automobile service station is of limited utility; automotive uses within the region were
vanishing; the current zoning did not made sense; and, CL zoning with the control of
future uses through the CUP process would make sense for the property site.
Councilman Stern stated that residential zoning for the particular site was not part of a
well thought out plan at the time that it was zoned and opined that the best future use
was to transition the zoning for that site out of Automotive Overlay to Commercial
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June 16, 2009
Page 14 of 17
Limited, with the requirement for a development agreement so that the City has
complete control over the development, which will give the community adequate
protection.
Mayor Clark proposed a substitute motion to adopt the staff recommendation to deny
the appeal and affirm the Planning Commission's recommendation to deny Case No.
ZON2008-00091 for a General Plan Amendment and Zone Change for property located at
28103 Hawthorne Boulevard (Valero Gas Station Site).
Mayor Pro Tem Wolowicz seconded the motion for purposes of discussion.
Mayor Clark stated that the Planning Commission and staff made the correct decision,
noting that he believed that the proposed zone change would be to accommodate a
business enterprise gone awry. He opined that in the present economic environment,
people are not buying new cars and a properly managed automotive repair service is a
very robust and viable business entity.
Mayor Pro Tem Wolowicz stated that he was open to a zone change, but only when
there is a specific project on the table for consideration. He acknowledged the difficulty
the property owners faced with the property; took offense to unkind and unjust
comments about the business owners; considered the project, not the people involved
with the project; disliked government intervention; and, took personal exception to the
yellow signs posted by those opposing the project. He concluded that he would not
support a zone change at this juncture, but would consider the change when a
meritorious project is proposed for the site.
Council discussion continued regarding the merits of the motion and substitute motion
on the floor.
The substitute motion to adopt the staff recommendation failed on the following roll call
vote:
AYES: Wolowicz and Mayor Clark
NOES: Long and Stern
ABSENT: Gardiner
Councilman Long proposed a substitute motion to continue the matter. The motion died
for lack of a second.
The original motion to support the zone change failed on the following roll call vote:
AYES: Long and Stern
NOES: Wolowicz and Mayor Clark
ABSENT: Gardiner
City Attorney Lynch stated that no approval of the appeal meant that the Planning
Commission's decision would stand.
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June 16, 2009
Page 15 of 17
Councilman Stern received clarification from City Attorney Lynch that Council's action
would require that subsequent requests would be barred for one year.
Councilman Stern moved, seconded by Mayor Clark, to adopt the staff
recommendation, without prejudice, by minute action only, with no findings made.
The motion carried by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 11:27 P.M. to 11:38 P.M.
Draft City Budget for Fiscal Year 2009-2010 [Continued from June 2, 2009] (602)
This item was continued to June 18, 2009.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS (continued):
2009 Five-Year Financial Model (602)
This item was continued to June 18, 2009.
Five-Year Capital Improvement Plan (602)
This item was continued to June 18, 2009.
Introduce an Ordinance of the City of Rancho Palos Verdes Creating Chapter
10.36 (On-Street Parking of Oversized Vehicles) of Title 10 of the Rancho Palos
Verdes Municipal Code (1502)
This item was continued to June 18, 2009.
Neighborhood Permit Parking Educational Outreach (1502)
This item was continued to June 18, 2009.
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, that the Oral Reports
be deferred to the meeting on June 30, 2009.
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June 16, 2009
Page 16 of 17
Without objection, Mayor Clark so ordered.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following items: 1)With respect to the conference
with Real Property Negotiators regarding the Potential Purchase of Open Space, a
report was provided and no action taken; 2) With respect to the existing litigation with
Rancho Palos Verdes Neighbors for Community Compatibility v. City of Rancho Palos
Verdes, a report was provided and no action taken; 3)With respect to the existing
litigation with the VH Property Corp. and VHPS LLC v City of Rancho Palos Verdes, a
report was provided and no action taken; 4) With respect to the potential litigation based
on a threat of litigation received in a letter from Mr. Brant H. Dveirin, attorney for Mr.
Conroy, a report was provided and no action taken; 5) With respect to the potential
litigation based on a threat of litigation received in a letter from Mr. Richard
Knickerbocker, attorney for Mr. and Mrs. Trowbridge, the City Council gave unanimous
direction (3-0) with Councilman Long abstaining, to not proceed to file an action at this
time; and, 6)With respect to the potential litigation regarding a lawsuit against the
County pertaining to the County's use of a portion of the Contract Cites' Liability Trust
Fund, a report was given and no action taken. Councilman Gardiner was absent for the
entirety of the Closed Session.
ADJOURNMENT:
Adjourned at 11:40 P.M., to Thursday, June 18, 2009 at 7:00 P.M. at Fred Hesse
Community Park.
,44ro
400
Mayor
Attest:
City Clerk
W:\City Council Minutes\2009\20090616 CC MINS MTG.doc
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June 16, 2009
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