CC MINS 20090121 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
JANUARY 21, 2009
The meeting was called to order at 7:08 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on
file.
City Council roll call was answered as follows:
PRESENT: Stern, Long, Wolowicz, and Mayor Clark
ABSENT: Gardiner (excused)
Also present were Carolynn Lehr, City Manager; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/IT; Joel Rojas, Director of Planning, Building, and Code
Enforcement; Jim Bell, Director of Public Works; Ron Rosenfeld, Director of Recreation
and Parks; Greg Pfost, Deputy Planning Director; Eduardo Schonborn, Senior Planner;
Leza Mikhail, Associate Planner; Matt Waters, Senior Administrative Analyst; and, Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by City Attorney Carol Lynch.
PRESENTATION:
Scott Gobble, Southern California Edison (SCE) and Technology Works, provided a
presentation of SCE's plans to invest $15 billion to upgrade transmissions, utility poles,
etc. He announced new projects for 2009 and reported that SCE currently uses 17% of
renewable energy, but is working toward increasing that percentage to 20% within the
next two years, with new electric meters projected to be installed Citywide by 2012. He
reported that all of the overhead utility systems in the City of Rancho Palos Verdes were
installed before 1970, with the exception of the following areas: Del Cerro; Vigilance
and Hightide Drive; Berry Hill Drive; and Via Victoria, which paid assessments to
underground their utility systems.
Mayor Pro Tem Wolowicz voiced his concern regarding unexpected electrical supply
shortages which caused inconveniences for several City neighborhoods and requested
that residents receive proper advance notice from SCE in the future.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark introduced the Mayor's Rancho Palos Verdes Heroes Program to identify
and recognize the contributions that individuals and groups are making to the City. He
presented the first award to Ken Dyda for his hard work and dedication to the City of
Rancho Palos Verdes and the community over the last 35 years.
Mayor Clark deferred his report on the California Contract Cities Annual Meeting-
Council Legislative Interaction Summary to the end of the meeting.
Mayor Clark provided a PowerPoint presentation regarding the Gifts for Parks in the
City for monetary and material donations to the Point Vicente Interpretive Center;
donations to the REACH program; and, donations to the City's July 4th Celebration.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the December 16, 2008 City
Council meeting: Melani Edelstein and Helen Baldelli. 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:
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the
agenda with Item 19 (FYO7-08 Comprehensive Annual Financial Report) continued to
the next Council meeting agenda.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Hersh Kelley, Sierra Club, presented a letter and photographs of golf balls found on the
public trails and natural habitat areas around the driving range at Trump National Golf
Course. He expressed his concern and inquired if the City's approved mitigation
measures were being enforced.
Council discussion included the following topics: clarification of the mitigation measures
for the Trump National Golf Course project; lack of evidence of a safety issue found to
date; and, agreement to defer further discussion of the matter until Item 18 (Revision
"RR" to the Trump National Golf Course Project) on the agenda was considered.
Vickie Wippel, Waste Management, reported on the Cans for Cash Fundraiser, noting
that students from Mira Catalina Elementary, Miraleste Elementary, Soleado
Elementary, Pt. Vicente Elementary, and Miraleste Intermediate Schools collected over
1,100 lbs. of bottles and cans during the month of November 2008. She noted that
Waste Management donated the California Refund Value (CRV) amount of$775 to the
Palos Verdes Peninsula Unified School District and the City of Rancho Palos Verdes
donated $100 to each of the participating schools.
CITY MANAGER REPORT:
City Council Minutes
January 21, 2009
Page 2 of 18
City Manager Lehr proposed that the Team Building Meeting scheduled for February
21, 2009 be removed from the Master Calendar until a later date, when the full Council
could be present.
City Attorney Carol Lynch provided a brief summary on State law and the procedure to
address a Council Member's absences due to illness.
Mayor Pro Tem Wolowicz reported that he had recently spoken with and conveyed the
good wishes of the Council to Councilman Gardiner who was not attending Council
meetings due to his doctor's advice.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Long moved, seconded by Councilman Stern, to approve the Consent
Calendar with Item 9 (Appeal of the Planning Commission's Conditional Approval of the
Proposed St. John Fisher Master Plan) and Item 10 (California Coastal National
Monument— Memorandum of Understanding between the City and the Bureau of Land
Management) removed for separate consideration immediately after the Consent
Calendar.
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark*
NOES: None
ABSENT: Gardiner
* Mayor Clark abstained on Item 14 (Contract Addendum No. 4 for the Marymount
College Facilities Expansion Project Environmental Impact Report).
EMERGENCY STORM DRAIN PROJECT
Palos Verdes Drive South (PVDS) Storm Drain Rehabilitation (604 x 602)
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on
November 18, 2008, authorizing staff to proceed with emergency repairs to the PVDS
storm drain.
OTHER CONSENT CALENDAR ITEMS:
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.
City Council Minutes
January 21, 2009
Page 3 of 18
Approval of the Minutes (301)
Approved the Minutes of the August 5, 2008 Regular Meeting; September 2, 2008
Regular Meeting; September 16, 2008 Regular Meeting; October 7, Regular Meeting;
October 21, 2008 Regular Meeting; November 22, 2008 Adjourned Regular Meeting;
December 2, 2008 Adjourned Regular Meeting; and, December 6, 2008 Adjourned
Regular Meeting.
July 4th Celebration Contract Extension (1201)
Approved the proposal from Bell Event Services to continue to produce the City's
annual July 4th Independence Day Celebration for a period of five years (2009-2013
events), and authorized the Mayor and City Clerk to execute the attached agreement.
Gifts for Parks (602 x 1201)
Accepted the Gifts for Parks donations and directed staff to prepare donor letters of
appreciation for the Mayor's signature.
Amend and Extend Professional Services Agreement with SCS Engineers, and
Approve Budget Authorization for Grant from the Department of Conservation
(1301)
1) Amended the current professional services agreement with SCS Engineers to
enhance the scope of services to include administration of a new grant, and increase
their existing FY 08-09 agreement in the amount of$26,500 by an additional $15,000
for the administration of the grant, to a new not to exceed total of$41,500; 2) Extended
the current professional services agreement with SCS Engineers for two years, in the
amount not to exceed $28,000 for FY 09-10, and $30,000 for FY 10-11; 3) Authorized
the Mayor and City Clerk to execute a contract amendment with SCS Engineers to
amend the scope of services and budget, and extend the agreement by two years, in
the amount not to exceed $28,000 for FY 09-10, and $30,000 for FY 10-11, for
implementation of the SRRE, Used Oil Block and Department of Conservation Grant
programs, and other support services; and, 4) ADOPTED RESOLUTION NO. 2009-01,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION NO. 2008-47, THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2008-09, FOR A BUDGET ADJUSTMENT TO THE CITY'S
WASTE REDUCTION FUND.
Claim Against the City by Valerie Grant Smith (303)
Rejected the claim and directed staff to notify the claimant.
Notice of Completion for the Residential Street Overlay and Slurry Seal Project
(Area 7) (1404)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
City Council Minutes
January 21, 2009
Page 4 of 18
Completion with the County Recorder; and if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notice 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
$84,508.83 to Hardy & Harper, Inc. 35 days after recordation of the Notice of
Completion by the County Recorder contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond.
Appeal of the Planning Commission's Conditional Approval of the Proposed St.
John Fisher Master Plan: Conditional Use Permit (CUP) No. 96— Revision "D,"
Grading Permit, Minor Exception Permit, Sign Permit, and Environmental
Assessment (Case No. ZON2007-00492); Project Address: 5448 Crest Road (1804)
This item was removed from the Consent Calendar for separate consideration.
California Coastal National Monument— Memorandum of Understanding between
the City and the Bureau of Land Management (1201)
This item was removed from the Consent Calendar for separate consideration.
FY07-08 Redevelopment Agency Annual Report (602 x 1900)
Received and filed the FY07-08 annual report for the Redevelopment Agency.
Continuation of Funding for the City/Palos Verdes Peninsula Land Conservancy
(PVPLC) State Lobbyist (1203)
ADOPTED RESOLUTION NO. 2009-02, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING A BUDGET
ADJUSTMENT FOR $9,000 TO HELP FUND THE SERVICES OF MR. JOSEPH
CAVES OF CONSERVATION STRATEGY GROUP THROUGH THE REMAINDER OF
THE FY 2008-09 AS AN ADVOCATE OF THE CITY FOR SECURING STATE MONIES
FOR THE CITY'S CONTINUING OPEN SPACE ACQUISITIONS.
Notification of Vacancies on the Equestrian Committee (106 x 1808)
Received and filed the report.
Contract Addendum No. 4 for the Marymount College Facilities Expansion Project
Environmental Impact Report (30800 Palos Verdes Drive East) (1203)
Approved Contract Addendum No. 4 to the Agreement for Consulting Services between
the City of Rancho Palos Verdes and Robert Bein, William Frost & Associates (RBF) for
the preparation of an Environmental Impact Report for the Marymount College Facilities
Expansion Project, in the amount of$7,640.
October 2008 Monthly Report of Cash Balances (602)
City Council Minutes
January 21, 2009
Page 5 of 18
Received and filed the October 2008 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-03, 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 Conditional Approval of the Proposed St.
John Fisher Master Plan: Conditional Use Permit (CUP) No. 96— Revision "D,"
Grading Permit, Minor Exception Permit, Sign Permit, and Environmental
Assessment (Case No. ZON2007-00492); Project Address: 5448 Crest Road (1804)
Shelly Hyndman, architect, St. John Fisher, stated that she would like to discuss
modifications to the conditions of approval proposed by the applicant.
Council and staff discussion ensued regarding the nature of the proposed modifications.
City Attorney Lynch clarified that modifications to the conditions that were clerical in
nature could be discussed, but if there were proposed content changes beyond the
Council's decision on the matter, the public hearing would need to be re-noticed and re-
opened.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to continue the item
to the February 17, 2009 City Council Meeting to provide an opportunity for staff to
analyze the changes presented by the applicant and determine whether or not a re-
noticed public hearing should be held on this matter.
Councilman Stern stated that he preferred that the item be continued for two weeks for
the applicant to work with staff to revise the resolutions so that they were consistent with
the Council's decision, noting that he did not want another public hearing on the item.
Councilman Long withdrew his motion and Mayor Pro Tem Wolowicz withdrew his
second to the motion.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to direct staff to work
with the applicant to revise the resolutions so they are consistent with Council direction
provided at the December 16, 2008 Council meeting; and direct staff to return with a
Consent Calendar item at the February 17, 2009 meeting.
Without objection, Mayor Clark so ordered.
City Council Minutes
January 21, 2009
Page 6 of 18
California Coastal National Monument— Memorandum of Understanding between
the City and the Bureau of Land Management (1201)
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to waive the staff
report.
In response to a question from Mayor Pro Tern Wolowicz, Council and staff discussion
included the following items: clarification of the wording of the Memorandum of
Understanding; concern about unfunded mandates; a suggestion to change wording
and add provisions to protect the City; an explanation that this would be a Cooperative
Agreement only; and, a suggestion to add "mutually agreed upon" and "as approved by
the City Council" to the terms of the agreement.
Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to authorize the
execution of a Memorandum of Understanding (MOU), as amended, between the City
of Rancho Palos Verdes and the United States Department of the Interior's Bureau of
Land Management to assist with the preservation and stewardship of the City's
coastline as part of the California Coastal National Monument program. The motion
passed by the following roll call vote:
AYES: Stern, Long, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
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 November 6,
2008] (701)
City Clerk Morreale reported that the public hearing was continued from November 6,
2008, late correspondence was distributed prior to the meeting, and there were fifty
requests to speak on the item.
Councilman Long moved, seconded by Councilman Stern, to hold each speaker to
three minutes each while the agenda item clock is set and runs for one hour for each
side to be heard.
Without objection, Mayor Clark so ordered.
Mayor Clark acknowledged that the speakers were not previously informed about the
time limit and encouraged each of the speakers to adhere to the time limit and restrict
their comments to raise only new items.
Senior Planner Schonborn provided a summary staff report regarding the item.
City Council Minutes
January 21, 2009
Page 7 of 18
Council discussion on the project included the following topics: the observation that
there is a high degree of interest in the item; a focus on the commercial versus
residential zoning decision; alternative uses of the property; the matter as a land use
decision; the automotive overlay zoning for the property; interest in the public's
suggestion of uses for the property instead of the current gas station; a request to hear
reasons for opposition; concern regarding governmental decisions that affect personal
and business property; and, concern with changes to zoning in the City and the General
Plan.
Several Council Members disclosed that they had recently met with the applicant, the
opponents of the zone change, and Mr. Kuykendall.
Mayor Clark declared the public hearing open.
Alex DeGood, applicant representative, asserted that the subject property has had
continuous commercial use for decades; was zoned commercial by Los Angeles
County, and was situated away from the abutting residential development. He noted
that the property across the street was rezoned 25 years ago to Commercial Limited
(CL) even though the access to that property is much more difficult with poor line of
sight compared to the applicant's property. He reported that while the applicant's
property is failing as a gas station property, it should be rezoned as commercial
property since the recent traffic studies indicated that commercial uses would not
additionally impact traffic on Hawthorne or at the intersection.
Responding to a question from Councilman Stern as to why the zoning was residential
with a commercial overlay, Mr. DeGood explained that the City was zoned
overwhelmingly residential with very few commercial properties, but that 20 years later
the City changed the zoning to automotive overlay to adapt the zoning to the actual use
of the property as a gas station.
Further discussion between Council and staff included the following topics: clarification
of the reasoning for the overlay zoning; reasons that the gas station is no longer a
profitable enterprise at this location; the likelihood that the gas station will go out of
business no matter what the outcome of the meeting; investigation of other possible
uses under the automotive overlay zoning; the City's past denial of a request to add a
car wash to the gas station due to strong public opposition; an interest by the property
owner for a neighborhood-serving retail business; comparable site transformations
under the automotive overlay such as the Chevron station conversion to automotive
repair shop; and, a reiteration of the market forces not being present for the
sustainability of the site as a gas station.
Pantea Hannauer, Rancho Palos Verdes, provided a brief history of her family's
property; noted that due to declining sales, the gas station would be closing shortly;
suggested continued use of property in a way to serve the community; reported on
efforts to work with the community and reach out to the neighbors; mentioned letters of
support to maintain the site as a community service-based site; noted there has been
no interest in the property as currently zoned when the property was on the market;
City Council Minutes
January 21, 2009
Page 8 of 18
cited previous interest in the site by Trader Joe's, CVS, and Fresh and Easy Market;
commented on the recent receipt of a letter of interest by Petite Casino, a small café
business; and, clarified that the property currently provides automotive repair, but the
automotive uses have not been economically viable.
Steven Kuykendall, appellant's representative, Rancho Palos Verdes, provided a brief
history of the site noting that the previous the City Council had supported preserving the
automotive overlay to save the gas station.
Ken Dyda, Rancho Palos Verdes, provided history of the zoning for the area, noting that
due to time constraints regarding the determination of land use the entire area was
decided to be zoned residential in order to reserve the City's options to review the
matter at a later time.
Shadi Sharifi, Rancho Palos Verdes, reported that there had been no automotive or
residential interest in the property when it has been on the market and cited reasons
that a commercial use was the best use of the property.
Maritza Monheiser, Rancho Palos Verdes, voiced support for the zone change.
Daniel Jay, Rancho Palos Verdes, supported zoning the property commercial.
Nima Parsa, Rancho Palos Verdes, stated that the Planning Commission decision was
unfounded; acknowledged that people were resistant to change; and, noted that many
suggested uses of the property that were not economically viable.
Michael Soutar, Rancho Palos Verdes, expressed support for a commercial use citing
reasons that residential and automotive uses were not viable.
Michael Hope, Rancho Palos Verdes, expressed support for a commercial use of the
property, noting that an empty lot would not serve anyone.
Sylvia Rampino, Rancho Palos Verdes, expressed support for a commercial use;
questioned uestioned wh the property across the street was allowed to be commercial while this
property was not; noted that there would always be traffic, noise and environmental
issues at this location; and, referred to letters printed in the Palos Verdes Peninsula
News on January 15, 2009.
Parvi Skelly, Rancho Palos Verdes, stated that she supported the zone change.
Novin Afshar, Rancho Palos Verdes, stated she was a small business owner and
supported the zone change.
Mel Steinberg,, Rancho Palos Verdes, expressed opposition to a zone change.
Bruce Azad, spoke on his behalf and that of Parvin Azad, Rancho Palos Verdes,
expressed support for a commercial use.
City Council Minutes
January 21, 2009
Page 9 of 18
Sherry Hope, Rancho Palos Verdes, expressed support for a zoning change to
commercial.
Shahin Aarabi, Rancho Palos Verdes, stated that she supported a zoning change,
noting that petitions signed against CVS were not necessarily petitions against a zone
change and opined that traffic would not increase due to a zoning change, especially
since the new use is not yet known.
Andy Pourmanesh, Rancho Palos Verdes, stated that he supported the zoning change.
Rastin Ashtiani, Rancho Palos Verdes, expressed support for a zone change and
suggested that the only economically viable residential use at this point would be a
sober living house or a rehabilitation facility.
Fred Lavi, Rancho Palos Verdes, stated that he favored a commercial use property with
a one-story restriction.
Faredeh Ashtiani, Rancho Palos Verdes, expressed support for a commercial use and
questioned the motivation behind the opposition.
Ali Salehi, Rancho Palos Verdes, expressed support for a commercial use and opined
that it was inappropriate for the community to tell a business owner how long he should
stay in the same business or what other use of the property would be economically
viable. He pointed out that taxes could be generated from a commercial property and
observed that the applicants and supporters were overwhelmingly from the Middle
Eastern background and opponents were not.
Marcos Habif, Rancho Palos Verdes, supported the zone change.
Mayor Clark requested that the Council and the public not engage in discussion outside
the public hearing during the break.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 9:28 P.M. to 9:38 P.M.
Sandra Genis, representative, Friends of Rancho Palos Verdes, pointed out that the
suggestion has been made to compare the applicant's property to other properties in
the vicinity, but opined that each property is unique, and the zoning for the subject
property is different from the zoning of adjacent properties; stated that the Mitigated
Negative Declaration (MND) was inappropriate and asked for a denial of the requested
zoning change; discussed the conditional General Plan amendment; warned that the
zoning change could have a significant impact on noise, traffic, and aesthetics, noting
that the traffic studies did not reflect the entire situation; and, compared peak hour traffic
statistics of the current gas station to probable numbers with commercial use buildings
at 11,000 square feet rather than 18,440 square feet in size.
City Council Minutes
January 21, 2009
Page 10 of 18
John McTaggart, Rancho Palos Verdes, opined that the current gas station could
succeed with better business management and noted he did not believe the numbers in
the traffic study. Responding to Council inquiry he discussed the history of the zoning
of the area and for the 7/11 site across the street; the original spot zoning by the County
of Los Angeles; the initial intention of the City regarding the zoning for the specific
property; and, the City's later rezoning as automotive overlay.
Melvin Hughes, Rancho Palos Verdes, explained that the County of Los Angeles
originally allowed development of the area without regard to the residents in the area;
acknowledged that the City has come a long way by accepting input from residents;
listed the previous gas stations that changed into residential properties; and, asked that
the appeal be denied. He briefly quizzed the Council about Emergency Preparedness.
Stuart Friedland, Rancho Palos Verdes, stated that he opposed the zone change and
changes to the General Plan; expressed concern with improper use of authority if high
standards are not upheld; and, noted that he could not see any compelling interest of
the community that would be served by not upholding the General Plan.
Lindley Ruddick, Rancho Palos Verdes, stated that the City Council should uphold the
Planning Commission's decision on this project and deny the appeal. He stated he was
opposed to the zone change; pointed out that the property was purchased with full
knowledge of the zoning; noted that residents would be burdened with the zone change
and cited neighborhood opposition; and, pointed out differences between the 7/11 and
the Valero sites.
Les Chapin, President of Pacific View Homeowner's Association (HOA), Rancho Palos
Verdes, reported that a majority of the HOA Board was opposed to the zone change.
Jarel Wheaton, Rancho Palos Verdes, stated that he was opposed to a zone change for
the property.
Kathy Tyndall, Rancho Palos Verdes, presented a map illustrating the location of the
811 residents in the immediate area adjacent to the 7/11 and Valero sites who signed a
petition and are opposed to a zone change for the Valero property.
Connie Semos, Rancho Palos Verdes, stated that she is disturbed by the thought of a
possible 11,000 square foot building at the site, noting that the beautiful vista from the
intersection outweighs the busy corner for future development of the site for residential
development. She expressed opposition to a zone change noting that if a change of
use must be made, it should be to residential and presented drawings to demonstrate
the viability of 3 to 4 residential homes on the site.
Joan Davidson, stated that the MND did not discuss buffer zones, variances or Air
Quality Management District (AQMD) compliance; provided background information on
the automotive overlay zoning; questioned how an educated California Environmental
Quality Act (CEQA) decision could be made without necessary data regarding traffic
City Council Minutes
January 21, 2009
Page 11 of 18
impacts; questioned how parking needs would be met with an 11,000 square foot
building on the property; pointed out that traffic studies did not comply with Metropolitan
Transportation Authority (MTA) standards; and, requested an Environmental Impact
Report (EIR) for traffic impacts and alternative residential use studies for this property.
Ann Stone, Rancho Palos Verdes, expressed opposition to a zone change and concern
with traffic safety at the intersection of Hawthorne Boulevard and Gran Via Altamira and
overbuilding on arterials in the City.
Joy Cinero, Rancho Palos Verdes, expressed concern for the preservation of the quality
of life and uniqueness of the City of Rancho Palos Verdes and opposition to a zone
change for the Valero property.
John Freeman, Rancho Palos Verdes, stated that the City Council decision should be in
conformance with the Land Use Plan in the General Plan, noting that if the existing use
of the site fails or is not economically viable, the property use should revert back to the
underlying zoning.
Bill Semos, Rancho Palos Verdes, expressed opposition to a zone change for the
Valero site, noting that such a change will dramatically change the community from its
existing character. He stated that the Council needs to be sensitive to the views of the
property owner as well as the neighbors in the area.
Helen Fung, Rancho Palos Verdes, expressed opposition to a zone change for the
property, citing traffic impacts and traffic safety.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 10:34 P.M. to 10:42 P.M.
David Hsu, Rancho Palos Verdes, expressed opposition to a zone change, citing
concern with the potential for decreased property values, and suggested revisiting the
issue once the appellant has a specific proposal prepared.
Yongsun Paik, Rancho Palos Verdes, expressed opposition to a zone change, noting
that the property owners were fully aware of the zoning at the time of their purchase of
the property.
Victoria Thurlow, Rancho Palos Verdes, expressed opposition to a zone change and
concern with overdevelopment and commercialization of the community, which has the
potential to lead to increased crime and noise.
Diana Feinberg, Ridgegate East HOA Board, Rancho Palos Verdes, stated that the
Board of Directors unanimously voted against a zone change. She noted she was
opposed to changing the General Plan to help out business owners.
City Council Minutes
January 21, 2009
Page 12 of 18
Patricia Parker, Rancho Palos Verdes, expressed opposition to a zone change for the
property.
William Parker, Rancho Palos Verdes, expressed opposition to a zone change and
urged the Council to uphold the Planning Commission decision and deny the appeal.
Jim Beggans, Rancho Palos Verdes, expressed opposition to a zone change for the
Valero property citing traffic and noise impacts. He stated that the economic viability of
the property should be determined by the market, not the City Council.
Tanja Buceir, Rancho Palos Verdes, expressed opposition to a zone change for the
property; noted a correction regarding the distance between the gas station and her
property line; and, provided suggestions for property uses and ways to expand the
existing business.
Nancy Hyman, Rancho Palos Verdes, opposed a zone change, citing traffic impacts,
and the potential once the property was rezoned to commercial for a large commercial
monstrosity on the property.
Dr. Eva Muchnick, Rancho Palos Verdes, expressed opposition to a zone change.
Leslie Hayakawa, Rancho Palos Verdes, expressed opposition to a zone change and
was insulted b y the insinuation that the reason for the denial of the appeal might be for
racial motives.
Shao-I Hu, Rancho Palos Verdes, expressed opposition to a zone change, noting that
after he expressed his opposition to the CVS project, he was refused service at the
station.
Steven Kuykendall, appellant's representative, Rancho Palos Verdes, provided a
PowerPoint presentation illustrating examples of property use possibilities and possible
perimeter wall placement.
Mayor Clark declared the public hearing closed.
Council and staff discussion included the following issues: reasons for the initial zoning
of the property by the City of Rancho Palos Verdes with the intention to rezone later;
traffic statistics from the traffic study; uses for the property that would not require a
Conditional Use Permit (CUP) under the current application; the possibility for the
Council to make all uses on a CL zoned property subject to a CUP; denial of the project
without prejudice; the requirement for Planning Commission approval for changes from
a use that does not require a CUP to a use that does require a CUP for a property;
change from one CUP required use to another CUP required use; the City's lack of
ability to regulate or control property that is used as a long-term care facility; the
suggestion to consider the initiation of the change in the CL zone to require CUPs for all
uses to be approved by the Planning Commission and consider at the same time the
zone change for this property; no requirement for the permit streamlining act on this
City Council Minutes
January 21, 2009
Page 13 of 18
application; the existence of a small number of comparable neighborhood clusters of
homes; and, the risk of the submission of an application for an existing use that does
not presently require a CUP.
Mayor Clark summarized the concerns of the applicants and the opponents and
concluded that since staff had not changed its position after all of the input, he agreed
with the staff recommendation.
Councilman Long highlighted the following points: clarification that petitions collected
against the CVS application did not apply to this issue; concern about variances and an
adequate buffer between commercial property and residences; doubt that another
commercial project would be submitted without a zone change; reference to former gas
stations that are now vacant lots; comments that a zone change would be inconsistent
with the General Plan; comparisons of the property to other successful conversions of
properties to residential use; the possibility of unintentional encouragement of the
clustering group homes; the apparent design of the property as a commercial use
corner; the possibility that the square footage of homes for the location might end up
totaling more than a CUP required building; the City's reliance on adequate commercial
service of neighboring cities; and, traffic issues and impacts related to the location.
Councilman Stern commented on the following topics: the fact that the property had
never been zoned as residential; disagreement that the property could be incorporated
as residential into the neighborhood; the original intention for zoning of the property; the
site as not being economically viable as an existing gas station; the notion that the site
does not service the neighboring community in the property with the present zoning of
automotive overlay; the possibility that the site zoned as CL would serve the community
better; and, the ability of the City to retain control of the uses by requiring a CUP. He
reviewed the requirements to amend the General Plan and opined that those
requirements had been met and asked the City Attorney for assistance with the
language requiring the appropriate sequencing for the approval of CUPs for uses at the
site if the zoning is changed to CL.
Councilman Stern moved, seconded by Councilman Long, to approve CL zoning for the
site with the requirement for a CUP for all uses, with the required language to be
submitted by the City Attorney.
Councilman Wolowicz expressed strong opposition to a pharmacy use at the site and
noted that he was in favor of denying the request for a zone change without prejudice,
requesting that the appellant return with a new appeal with the understanding that the
City Council would place limitations on the project for a very narrow use.
Councilman Stern clarified that his motion included limitations by making the change to
the CL zone by ordinance, so that a CUP would be required for any entity use at the
site. He noted that if the amendment to the Municipal Code was not satisfactory to the
Council it could be revisited and voted on at a later time.
City Council Minutes
January 21, 2009
Page 14 of 18
Additional discussion between Council and staff included the following issues:
clarification of the motion; concern about bureaucracy if a new appeal is presented;
concern about continuation of the item because appeal was for zone change;
clarification that the property owner could close the gas station but retain the auto repair
and convenience store; and, clarification that the owners of three properties currently
under CL zoning would have the opportunity to comment on the CL zone change.
Councilman Stern moved, seconded by Councilman Long, to continue the item to April
21, 2009 and direct staff to initiate and bring forth a Code Amendment prior to that time
that requires the approval of a Conditional Use Permit for any use in the CL zone.
The motion passed by the following roll call vote:
AYES: Long, Stern, and Wolowicz
NOES: Mayor Clark
ABSENT: Gardiner
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 12:16 A.M. to 12:25 A.M.
Revision "RR" to the Trump National Golf Course Project (1411)
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included with late correspondence which was distributed prior to
the meeting.
Deputy Planning Director Pfost presented a summary staff report.
Council and staff discussion included the following topics: timing for the replanting of
coastal sage scrub at the site; omission of fencing along the southerly side of the project
site; landscaping at the end of the driving range; operational changes to the driving
range; clarification that all previous approvals by the Council must be met before the
final permanent opening of the driving range; temporary use of the driving range could
be revoked or not extended again; clarification that the geological issues were resolved,
but the proposed revisions to the Clubhouse building design were still in review; and,
clarification that the Clubhouse Terrace expansion can be pursued by the Trump
organization.
Mayor Clark declared the public hearing open.
Barbara Sattler, California Native Plant Society, Rancho Palos Verdes, commended the
City for its efforts to assure that the geological stability of the site was adequate, noting
that in the landslide of 1999 over 14 acres of preserve and restoration areas were lost
along with a portion of the golf course; voiced concern for repetitive temporary permit
extensions for the driving range with no evidence of any mitigations for the coastal sage
scrub; requested that native habitat restorations begin immediately; expressed concern
City Council Minutes
January 21, 2009
Page 15 of 18
about proposed changes to the project; pointed out that native planting had not begun in
the unplanted portions of the project site; stated that there were reports of neighbors
installing gates and access ways resulting in fragmented trails across the open space
area of the property; expressed concern for public safety and the native habitat; and
inquired as to the details of the plan for the proposed lot line adjustment; and, noted that
there should be an immediate implementation of the replanting of 0.6 acres of coastal
sage scrub.
Vincent Stellio, Executive Vice President of Development, Trump National, reported that
there have been scheduling issues with the planting of the 0.6 acres of native plants
due to the approval of the sanitation and sewer lines prior to the planting; clarified
permit requirements for the planting of the coastal sage scrub, noting that already 22
acres have been planted; reported that signs along the trails have been installed and
staff is employed to continuously monitor the golfers and keep the public safe; reported
that the shot projection was no longer necessary as there have been no reports of
people being hit by golf balls; observed that the trails were not being utilized; agreed to
a condition to install a wall or fence at a later time if safety was in question; expressed
concern for preservation of the Gnatcatcher; and referenced setback lines and lot line
adjustments on the proposed plans to be submitted with the applications.
Discussion between the Council and Mr. Stellio included the following topics: the
outdoor Terrace at the Clubhouse; the projected date for completion of plantings by July
21, 2009 dependent on Los Angeles County approval of storm drain and sewer lines; a
suggestion to condition the planting of the outstanding 0.6 acres of coastal sage scrub
to the building permits for the houses; development of the houses dependent on the
housing market; and, operational changes at the driving range.
Mayor Clark declared the public hearing closed.
Councilman Stern moved, seconded by Councilman Wolowicz, to 1) ADOPT
RESOLUTION NO. 2009-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING ADDENDUM 38 TO ENVIRONMENTAL
IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 482U, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING
AMENDMENT NO. 7 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT,
AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO JULY
22, 2009, AND DECLARING THE URGENCY THEREOF; 3) Authorize the Mayor and
the City Clerk to execute the documents on behalf of the City; 4) Extend Vesting
Tentative Tract Map No. 50666 consistent with the term of the Development Agreement;
and, (5) ADOPT RESOLUTION NO. 2009-05, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING
PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE
DRIVING RANGE TO JULY 22, 2009.
The motion passed by the following roll call vote:
AYES: Long, Stern,,Wolowicz, and Mayor Clark
City Council Minutes
January 21, 2009
Page 16 of 18
NOES: None
ABSENT: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to suspend the rules
and continue with the next items on the agenda.
Without objection, Mayor Clark so ordered.
REGULAR NEW BUSINESS:
FY07-08 Comprehensive Annual Financial Report (602)
The Council continued this item to the February 3, 2009 City Council meeting.
Repeal of Resolution No. 2002-43 (1801)
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to waive the staff
report and approve the staff recommendation to ADOPT RESOLUTION NO. 2009-06, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
WHICH WILL REPEAL RESOLUTION NO. 2002-43, IN RESPONSE TO THE DECISION
BY THE COURT OF APPEAL IN THE MONKS CASE.
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Mayor's Appointment of City Council Members to Intergovernmental
Organizations and Associations (306)
Mayor Clark moved, seconded by Councilman Stern, to continue the item to February 3,
2009.
Without objection, Mayor Clark so ordered.
Letter of Support— Reappointment of Mayor Clark to the California Coastal
Commission (306 x 309)
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to waive the staff
report and approve the staff recommendation to authorize staff to compose a letter on
behalf of the City Council, for signature by the Mayor Pro Tem, to the Chair of the
California State Senate Rules Committee endorsing the re-appointment of Mayor Larry
Clark to the California Coastal Commission.
City Council Minutes
January 21, 2009
Page 17 of 18
Without objection, Mayor Clark so ordered.
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tern Wolowicz commented that the last City Council Oral Reports were
provided on November 6, 2008 and the Council discussed placement on the agenda,
with a suggestion to provide oral reports as written reports that are part of the agenda.
Mayor Clark moved, seconded by Councilman Stern, to defer the item to the next
meeting.
Without objection, Mayor Clark so ordered.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tern Wolowicz moved, seconded by Mayor Clark, to defer Council
discussion of future agenda items.
Without objection, Mayor Clark so ordered.
ADJOURNMENT:
At 12: 59 A.M., Mayor Clark adjourned the meeting in recognition of the new President
of United States, President Barack Obama, to Saturday, January 31, 2009 at 9:00 A.M.
at Hesse Park for the Community Leader's Breakfast to be followed by the Tactical
Planning Workshop.
Mayor
Attest:
C
1,
City Clerk
W:\City Council Minutes\2009\20090106 CC MINS.doc
City Council Minutes
January 21, 2009
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