CC MINS 20090303 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 3, 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 7:30 P.M.
City Council roll call was answered as follows:
PRESENT: Long, Stern, Wolowicz, and Mayor Clark
ABSENT: Gardiner (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy 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; Greg
Pfost, Deputy Planning Director; Eric Mausser, Human Resources Manager; Kit Fox,
Associate Planner; Leza Mikhail, Associate Planner; Katie Howe, Administrative Analyst
II; and Carla Morreale, City Clerk.
Also present were Planning Commissioner Bill Gerstner; City Traffic Engineer Joanne
ltagaki, City Geologist Jim Lancaster; and, Tim Mullrenan, Financial Consultant with
Tierra West.
FLAG SALUTE:
The Flag Salute was led by City Manager Carolyn Lehr.
CEREMONIAL:
Mayor Clark congratulated the winners of the Whale of a Day Poster Contest and
invited them to display their posters for the audience.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the February 17, 2009 City
Council meeting: Mark Pope and Milton J. Norsworthy. 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:
City Council Minutes
March 3, 2009
Page 1 of 15
•
City Attorney Lynch announced that an item had come to the attention of the City
Manager after the posting of the agenda which required immediate action.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to add the Urgency
Item to the agenda.
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Councilman Long moved, seconded by Councilman Stern, to place the Urgency Item
after the Consent Calendar.
Without objection, Mayor Clark so ordered.
Councilman Long moved, seconded by Councilman Stern, to approve the Agenda, as
amended.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Long requested that Item 6 (Mayor's Appointment to the LAX Community
Noise Roundtable) be removed from the Consent Calendar.
Mayor Pro Tem Wolowicz noted typographical errors regarding Item 7A (Amendments
to the Competitive Service and Management Personnel Rules), where several
references to the Assistant City Manager should be changed to the Deputy City
Manager.
Councilman Long moved, seconded by Councilman Stern, to approve the Consent
Calendar with Item 6 (Mayor's Appointment to the LAX Community Noise Roundtable)
removed from the Consent Calendar for separate consideration after the Regular
Business items and Item 7A amended as stated.
City Council Minutes
March 3, 2009
Page 2 of 15
The motion passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
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 January 12, 2009 Special Meeting; January 13, 2009
Adjourned Regular Meeting; and, the January 21, 2009 Adjourned Regular Meeting.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Adoption of Ordinance No. 484— Prezoning Ordinance Related to the Highridge
Condominiums Project, Located at 28220 Highridge Road (1411 x 701)
ADOPTED ORDINANCE NO. 484, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, PREZONING THE 440-SQUARE-FOOT PORTION OF THE
HIGHRIDGE CONDOMINIUMS PROJECT (ASSESSOR'S PARCEL NO. 7589-007-
802), LOCATED AT 28220 HIGHRIDGE ROAD, AS "RESIDENTIAL, MULTI-FAMILY,
22 DWELLING UNITS PER ACRE" (RM-22).
Adoption of Ordinance No. 485 — Regulating Availability of Toilet and Hand
Washing Facilities for Food Peddling from Motorized Vehicles (202 x 1801)
ADOPTED ORDINANCE NO. 485, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 5.28 (PEDDLERS) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO REGULATE PEDDLING BY REQUIRING
TOILET AND HAND WASHING FACILITIES WITHIN 200 FEET OF FOOD PEDDLING
FROM A MOTORIZED VEHICLE.
Mayor's Appointment to the LAX Community Noise Roundtable (306)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
City Council Minutes
March 3, 2009
Page 3 of 15
ADOPTED RESOLUTION NO. 2009-13, 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.
Amendments to the Competitive Service and Management Personnel Rules (1202)
ADOPTED RESOLUTION NO. 2009-14, A RESOLUTION OF CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY OF RANCHO PALOS
VERDES TO IMPLEMENT AN AMENDMENT TO THE COMPETITIVE SERVICE
EMPLOYEE PERSONNEL RULES AND MANAGEMENT EMPLOYEE PERSONNEL
RULES.
Added to the Agenda as an Urgency Item:
Allocation of the American Recovery and Reinvestment Act of 2009 Funds (601)
City Manager Lehr provided an explanation of the Urgency Item to the Council.
Councilman Stern moved, seconded by Councilman Long, to authorize staff to attempt
to acquire the stimulus funds from the City of Rolling Hills at the lowest possible
purchase price up to .61/$1.00 for up to the full amount of$500,000.
Discussion between Council and staff included the following topics: Rolling Hills'
financial status and relationship as a neighboring city; the benefit of the possible
acquisition of the stimulus funds of the City of Rolling Hills to the entire Peninsula; and,
a suggestion that there be an appeal to the City of Rolling Hills to share the funds in the
spirit that they were intended.
Mayor Clark moved to amend the motion to state that as a first order, the City of
Rancho Palos Verdes should attempt to achieve a grant donation of the funds from the
City of Rolling Hills as it will benefit the roads the residents of both cities.
City Manager Lehr encouraged the Council to reach out to their peers on the Council for
the City of Rolling Hills.
The motion, as amended, to authorize staff to acquire the City of Rolling Hills' stimulus
funds for roadway projects at the lowest amount possible, up to .61/$1.00 for up to
$500,000, with a first attempt to receive the funds as a grant from the City of Rolling
Hills, and to authorize Mayor Clark to contact the Mayor of Rolling Hills regarding the
matter passed by the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
# # # # # #
City Council Minutes
March 3, 2009
Page 4 of 15
PUBLIC HEARINGS:
City Clerk Morreale reported that in connection with Public Hearing Item No. 8
(Proposed Affordable Housing Complex on RDA Property,) staff recommended that the
Redevelopment Agency (RDA) Meeting be convened, so that the public hearings being
held by the RDA and the City Council in connection with this matter could be held
concurrently.
Redevelopment Agency roll call was answered as follows:
PRESENT: Long, Stern, Wolowicz, and Chair Clark
ABSENT: Gardiner (excused)
Proposed Affordable Housing Complex (Case Nos. ZON2008-00649 and SUB2008-
00008) on RDA Property Located at the NW Corner of Crestridge Road and
Crenshaw Boulevard (1900 x 701)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests were included with the staff report, late correspondence was distributed prior to
the meeting, and there were 22 requests to speak on the item.
Deputy Planning Director Pfost provided a staff report and in-depth PowerPoint
presentation regarding the item.
Mayor Clark reported that the Crestridge/Seniors Project Subcommittee consisting of
Mayor Pro Tem Wolowicz and himself met with staff and the consultant and suggested
a comprehensive presentation on the matter. He disclosed that the Subcommittee, City
Manager Lehr, and Deputy Planning Director Pfost met with representatives from the
neighborhoods around the project to provide a preview of the information regarding the
Affordable Housing project.
David Yarden, Vice President and General Counsel, AMCAL, provided background
information and a PowerPoint presentation on AMCAL, and explained the standards,
criteria, and regulations regarding the management of the Affordable Housing
development. He briefly explained the ownership structure, application for tax credits,
and planning schedule timeline for the project.
Darin Hansen, Vice President of Forward Planning and Entitlements, AMCAL, provided
a PowerPoint presentation of the design of the project and specifics of the site plan for
the Affordable Housing development.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 9:05 P.M. to 9:18 P.M.
Mayor Clark declared the public hearing open.
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March 3, 2009
Page 5 of 15
Discussion between Council, staff and AMCAL representatives included the following
issues: the City's need to have its Housing Element in compliance with State law
regarding affordable housing with the explanation of consequences on non-compliance
from the City Attorney; the inability of the City to transfer its Regional Housing Needs
Assessment (RHNA) obligations to another city; the delays to the Redevelopment
Agency project from the original acquisition of the land in 2000; an explanation of the
tax credits from Mr. Yarden; a clarification regarding the density bonus for an affordable
housing project; praise for the thoroughness of the presentation; overview of the history
and review of the project by the Planning Commission, including concerns with the Zone
Text Amendment, Mitigated Negative Declaration (MND) or Environmental Impact
Report (EIR), left turns into the property, and the parking setback; focused advertizing in
local newspapers and the creation of a lease waiting list during the construction of the
project; the project as meeting a demographic need in the community; a request for an
EIR regarding traffic and geology issues; landscaping plan with some mature trees for
areas of sensitive impact to integrate well with the elevations of the project; issues
related to mix-used housing; issues regarding the use of a median to prevent left-hand
turns into the property and related issues; the feasibility and expense of a covered
parking structure; future funding sources; an assertion that affordable housing
requirements must be adhered to and the responsibility of Council Members to uphold
State law; a request for the public speakers to focus on the design of and concerns
regarding the affordable housing project; concerns with RHNA and the affordable
housing obligation under State law and the burden it places on cities; and, a request for
suggested alternatives to the proposed project.
Linda Puentes, Rancho Palos Verdes, stated that she was very discouraged that the
community does not have input on the affordable housing project, and noted that there
were no services or elevators for the senior residents as a part of the project. She
noted concerns with the parking, traffic, noise, and view impacts of the project. She
suggested that an affordable housing project would be more appropriate on Western
Avenue where there are shopping and banking facilities more available.
Howard Thrall, Rancho Palos Verdes, inquired if there were low income or senior
housing facilities as components of other recent developments, including St. John
Fisher, Trump National Golf Course, Terranea Resort, or Marymount College. He
inquired regarding the qualifying criteria needed for the tenants to rent the affordable
housing, and what the process was if the tenants did not comply with the rules of the
development.
Janet Thrall, Rancho Palos Verdes, asked those in favor of the project to stand, noting
that the residents clearly did not support the project, nor did the Planning Commission.
She stated the property does not fit the zoning or the variances, is across the street
from a major landslide that has not yet been reconciled. She noted that seniors in this
project would be isolated and not have access to transportation, markets, and
necessary medical care.
Sherry Skari, Rancho Palos Verdes, reported that she is the Neighborhood Watch
Coordinator for the Middlecrest neighborhood residents, where all the owners but one
City Council Minutes
March 3, 2009
Page 6 of 15
was against the affordable housing project. She expressed concerns regarding the
maintenance of the building, the nearby landslide, and suggested that affordable
housing be spread throughout the city.
Chuck Taylor, Rancho Palos Verdes, reported that the Planning Commission denied the
project based on the Zone Change, and expressed concerns regarding excessive
grading, high retaining walls, lack of EIR, high density structure which is not compatible
with the neighborhood, and lack of control over the tenants.
Ian Bisco, Rancho Palos Verdes, stated that he and his wife are strongly opposed to the
project since they moved away from Lomita to get away from numerous apartment
complexes. He stated he had concerns regarding the parking and lack of transportation
for seniors and opined the structure was not compatible with the neighborhood.
George Carter, Rancho Palos Verdes, stated that there will be problems with tenants
including difficulty with evictions if necessary, AMCAL will not be able to control the
tenants who live in the units, and inquired as to the benefit of the project to the residents
of Rancho Palos Verdes.
Ken Dyda,, Rancho Palos Verdes, stated that one of the benefits of this apartment
project would be that the City would get out of the real estate business, noted that he
was not aware of a large enough parcel along Western Avenue for an affordable
housing project, and expressed concern for transportation for seniors who would live in
the development.
John Polen, Rancho Palos Verdes, stated he had concerns regarding the economics of
the J ro'ect, noting that this project would be too expensive to develop on this lot and
p
would only provide 34 of the 60 required affordable housing units.
Jim Hathaway, Rancho Palos Verdes, stated that he agreed with the decision of the
Planning Commission, noting that this was the wrong site for an affordable housing
project.
Gene Steiger, Rancho Palos Verdes, stated he was opposed to the project noting that
affordable housing should be dispersed throughout the City and an EIR should be
required for the project. He expressed concerns with the maintenance of the building,
possibility of bankruptcy for AMCAL, and the validity of the traffic study.
Faye Steiger, Rancho Palos Verdes, opined that affordable housing should be divided
into 4 p rojects consisting of 6 units each because the project will cause property values
to decrease.
Fred Ash, Rancho Palos Verdes, stated that he was opposed to the project.
Perry Cockreham, President, Ridgecrest Homeowners Association (HOA), comprised of
107 homes, Rancho Palos Verdes, stated that the residents have offered their input and
ideas to resolve the issues regarding the City property. He noted his community and
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March 3, 2009
Page 7 of 15
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the Ridgecrest HOA enthusiastically supported the last two senior affordable housing
projects for the property. He expressed concerns of the project regarding the impact on
property values, traffic impacts, and fiscal challenges to the City.
Kathy Hesse, Rancho Palos Verdes, stated she was opposed to the project for many
reasons and disappointed in the Council's receipt of input from the community.
Carmela Bonello, Rancho Palos Verdes, shared pictures of the view of the project site
from her home, noting the project appears to be a monstrosity when she looks out of
her door.
Council, staff, and AMCAL representatives discussed the following issues: the
appropriateness of the MND as long as any potentially significant impacts can be
mitigated to a level of insignificance; no evidence submitted regarding the need for an
EIR; adequate parking requirements on the property site by State law; dispersal of
affordable housing throughout the community rather than concentrated in one area; the
requirement for all residents living in the units to be 62 years of age and older; zoning
restrictions related to property along Western Avenue for the project; the requirement
for four onsite affordable housing units at the Trump property and two additional offsite
units to be built when the residential component of the project is completed; the
previous practice in the 1990s of a developer paying an "in-lieu of fee" instead of
providing affordable housing units, which left the City with the obligation to provide the
units; the `plan and not build' RHNA compliance strategy; the City's obligation to expend
the RDA funds on affordable housing; the risk of the City in not moving forward with the
plans causing it to be out of compliance with the General Plan; the purchase of the
property with housing set aside funds; meeting the housing needs for the seniors in the
community; targeted local advertising for tenants in compliance with the law; the laws
regarding discrimination against particular persons under the Federal Civil Rights Act
and the California State Unruh Civil Rights Act; the financing structure of the project; if
the property was sold, the funds would go back into the affordable housing fund and if
the funds are not used within three years the funds are turned over to the County to
build an affordable housing project in the City with the City having no zoning control
over the project; the screening policy and background check used for the potential
tenants; eviction rules determined by a judge regarding tenant problems; social services
that will be provided by AMCAL for its tenants; the Planning Commission's denial of the
project; subsequent changes to the project, including reduction in the number of units,
reduction in the size of the retaining wall, reduction in grading, the project no longer
over extreme slopes, and the maintenance of the same pad elevation; traffic study and
concern with left-hand turns out of the project onto Crestridge Road; restriction of left-
hand turns during peak hours and possibility of a median; and, the threshold for a
project to require affordable housing.
Mayor Clark closed the public hearing.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 11:26 P.M. to 11:32 P.M.
City Council Minutes
March 3, 2009
Page 8 of 15
Councilman Long moved, seconded by Councilman Stern, to adopt staff
recommendations Nos. 3 through 8, approving the 34 unit project and adopting the
amended resolutions and ordinances as specified by staff in late correspondence.
Council deliberation included the following topics: an assertion that accepting in-lieu of
fees instead of building affordable housing was not a good plan; consistent
neighborhood opposition to affordable housing projects; the need to comply with State
law; dissatisfaction with the affordable housing laws; clarification by Mayor Pro Tem
Wolowicz that he would vote against the motion due to the flawed nature of the RHNA
requirements; the intent of the property purchase in 2000 to meet the affordable housing
requirement; and, the demographics of the City which demonstrates the need for the
project for residents of the City.
The motion failed on the following roll call vote as four votes were necessary for the
urgency ordinance to pass:
AYES: Long, Stern, and Mayor Clark
NOES: Wolowicz
ABSENT: Gardiner
City Attorney Lynch clarified that there were four votes necessary for the Urgency
Ordinance to pass, but the other items in the motion passed.
Council and staff discussion ensued regarding splitting the vote on the matter, and the
intent of Mayor Pro Tem Wolowicz to state his opposition against the State RHNA laws
regarding affordable housing, but not to impede the Council's intention regarding the
project.
Councilman Long moved, seconded by Councilman Stern, to ADOPT URGENCY
ORDINANCE NO. 486U, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, APPROVING A ZONE CHANGE (CASE NO. ZON2008-00649) ON A
PORTION OF AN EXISTING 19.63 ACRE PARCEL LOCATED AT THE NORTHWEST
CORNER OF CRESTRIDGE ROAD AND CRENSHAW BLVD. (APN#7589-013-905)
FROM OPEN SPACE HAZARD (OH) TO INSTITUTIONAL (I); AND ALSO AMENDING
MUNICIPAL CODE SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER
DEFINING THE LAND USE CATEGORY "HOMES FOR THE AGED"; AND
DECLARING THE URGENCY THEREOF.
The motion carried on the following vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Councilman Long moved, seconded by Councilman Stern, to adopt Recommendation
Nos. 3, 4, 6, 7, and 8 which read as follows: 3) ADOPT RESOLUTION NO. 2009-15, AS
City Council Minutes
March 3, 2009
Page 9 of 15
AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR THE
PROPOSED PROJECT; 4) ADOPT RESOLUTION NO. 2009-16, AS AMENDED, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CONDITIONALLY APPROVING A GENERAL PLAN AMENDMENT, CONDITIONAL
USE PERMIT, GRADING PERMIT, AND VARIANCE FOR A 34-UNIT AFFORDABLE
HOUSING COMPLEX; 6) INTRODUCE ORDINANCE NO. 487, AS AMENDED, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING A ZONE
CHANGE (CASE NO. ZON2008-00649) ON A PORTION OF AN EXISTING 19.63
ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD
AND CRENSHAW BLVD. (APN#7589-013-905) FROM OPEN SPACE HAZARD (OH)
TO INSTITUTIONAL (I); AND ALSO AMENDING MUNICIPAL CODE SECTION
17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE LAND USE
CATEGORY "HOMES FOR THE AGED"; 7) Enter into an Agreement with AMCAL
Multi-housing Inc., to provide financial assistance for certain predevelopment expenses,
with the assignment of certain rights to the City; and, 8) Continue the public hearing to
March 17, 2009, so the Council/Agency can consider whether to enter into a Disposition
and Development Agreement with AMCAL Multi-housing, Inc., which will establish the
contractual responsibilities of the Developer and the City/Agency in connection with the
development of this project.
The motion carried on the following vote:
AYES: Long, Stern, and Mayor Clark
NOES: Wolowicz
ABSENT: Gardiner
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 11:57 P.M. to 12:04 A.M.
RECESS THE REDEVELOPMENT AGENCY MEETING:
At 12:05 A.M. Mayor Clark recessed the meeting of the Redevelopment Agency.
Zone Change Amendment Initiation Request (CASE NO. ZON2009-00053);
Applicant: City of Rancho Palos Verdes; Property Addresses: the Portuguese
Bend Club East, Tract 16540, Which Encompasses the Following Properties:
4156, 4150, 4144, 4136, 4126, 4124, 4112, 4110, 4104, and 4048 Palos Verdes Drive
South; 4111, 4109, 4105, 4101, 4100, 4108, 4112 Sea Horse Lane; and, 4194, 4187,
4188, 4184, 4181, 4178, 4174, 4173, 4171, 4170, 4164, 4161, 4158, 4157, 4151, 4150,
4147, 4144, 4130, 4125, 4118, 4115, 4110, 4105, and 4100 Maritime (1802)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there was one request to speak.
Councilman Long moved, seconded by Councilman Stern, to waive the staff report.
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March 3, 2009
Page 10 of 15
Without objection, Mayor Clark so ordered.
Mayor Clark declared the public hearing open.
City Clerk Morreale called the speaker and reported that he was no longer present.
Mayor Clark closed the public hearing.
Councilman Stern moved, seconded by Councilman Long, to direct Staff to proceed
with the proposed "clean up" zone change for the East Tract 16540 Portuguese Bend
Club properties by changing the current zoning of the neighborhood from two separate
Single-Family Residential zoning districts (RS-2 and RS-5) to one Single-Family
Residential zone (RS-5) to maintain consistency with the City's Local Coastal Specific
Plan and existing development.
The motion carried on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Second Amendment to the City Manager's Employment Agreement (1101)
City Attorney Lynch provided a brief report regarding the item and the direction provided
by the Council in the Closed Session.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to approve the
Second Amendment to the City Manager's Employment Agreement, as amended.
The motion carried on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Council Members praised the City Manager's performance and reported that the
increase in her salary represented their confidence in her continued good service,
teamwork with her peers and senior staff, and excellence in facing multiple challenges
and providing service to the community.
Planning Case No. ZON2009-00007 (Code Amendment and Environmental
Assessment): Revisions to the Landslide Moratorium Ordinance (Chapter 15.20 of
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March 3, 2009
Page 11 of 15
the Rancho Palos Verdes Municipal Code) to Establish an Exception Category to
Allow the Development of Undeveloped Lots in Zone 2 (1801)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to waive the staff
report and go directly to public speakers.
Without objection, Mayor Clark so ordered.
Martin Burton, attorney with Gilchrist and Rutter Professional Corporation, representing
resident Dr. Lew Enstedt and the Portuguese Bend Alliance for Safety, spoke about the
Monks case, the proposed MND versus an EIR, CEQA regulations, and impacts on the
access roads into Zone 2, where the Monks case has decided that undeveloped lots
can be developed. He opined that a full-scale analysis with an EIR discussing all
impacts on the environment needed to be addressed and would not be overly
burdensome.
Yen Hope, attorney representing Dr. Enstedt and the Portuguese Bend Alliance for
Safety, urged the Council to reject the plan for a MND and instead prepare a full EIR for
the possible development in Zone 2. She stated that it is clear that an EIR should be
prepared to address significant impacts on biological resources, geology and soils,
transportation and traffic, population, housing, utilities, services, air quality, greenhouse
gases, and issues related to Altamira Canyon and runoff into the ocean.
Yogesh Goradia, Rancho Palos Verdes, reported that he owns one of the Zone 2 lots
and that the staff report indicated that individual lot owners may be required to pay for
geological or geotechnical studies, which he opined was impractical and would not yield
satisfactory results. He pointed out the differences between geology and soils studies
and suggested that if there was concern, the City should review all of the geological
studies that have been done and decide whether homes should be allowed to be built or
not, noting that the City could require soils reports for the individual lots.
Lowell Wedemeyer, Rancho Palos Verdes, reported that he lives near the area under
discussion and that the residents are very concerned about possible landslides and soil
stability. He noted that there was urgency regarding the sixteen Monks plaintiffs' lots as
a result of the court order and opined that the City should proceed under the court order
and issue permits, but that there should be the establishment of some standards. He
reported that there was an effort in the community to develop more precise geological
reports with the development of a new standard in place of the 1.5 factor of safety,
which would require the Planning Commission to balance all of the harms from the new
development against the social utility of the new construction as required by the
California and U.S. Supreme Courts.He noted that it was not clear that the boundaries
of Zone 2 are properly aligned geologically and opined that a MND cannot sufficiently
address the matter, asking for additional time for the community to examine the
situation in order to present a plan to the Council.
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March 3, 2009
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•
Lew Enstedt, Rancho Palos Verdes, stated that due to the fragility of the area it would
be prudent for the City to study the issue with an EIR before building permits are issued.
Cassie Jones, Rancho Palos Verdes, stated that there will likely be development in the
Zone 2 area and expressed concern regarding the access to the area on roads that are
unstable, narrow and problematic; grading problems in the area; and difficulties with
water pressure and sewers in the region.
Marianne Hunter, Rancho Palos Verdes, stated she was disappointed that the Council
had given up on the Portuguese Bend area, and that the Council was not looking for
alternatives to deal with the issues they were facing or calling on the Legislative and
Resource Agencies that were available.
Bill Hunter, Rancho Palos Verdes, stated that he learned that one appellant court judge
could make a decision that property rights weighed more than the needs of a
community, noting that carving up sixteen lots in a landslide area was a bad idea. He
urged the Council to require an EIR for the properties in the area.
Gary Stokoe, Rancho Palos Verdes, stated that he was disappointed in the City's
response to his concerns and supported the request for an EIR.
Gordon Leon, Rancho Palos Verdes, stated that he had summarized his concerns with
the MND in an email to the Council and urged the Council to require an EIR for Zone 2.
He expressed concern for the many substandard homes in the Zone 1 and Zone 3 and
the pent-up remodeling demand for 64 homes which have been restricted from
remodeling for over 30 years, none of which was addressed in the MND.
Dan Pinkham, Rancho Palos Verdes, stated that he supported an EIR for the
development of properties in the Zone 2 area, including a study regarding access and
fire safety in the area.
Joan Kelly, Rancho Palos Verdes, stated that there would be problems in the Zone 2
region and opined that the City should purchase the land in that area. She noted that a
Hold Harmless Agreement would not be worth the paper it was written on.
Tim Kelly, Rancho Palos Verdes, stated that there would be a potential for 47 homes to
be built in the Zone 2 region in a very short time and noted that a development of this
size in the City would normally require major infrastructure improvements and the City
would require an EIR to determine the effects of such a large project. He opined that
the City needed to review the development of Zone 2 in such a manner that an undue
financial burden would not be placed on those who will not gain financially from the
development.
Jeromy Davies, Rancho Palos Verdes, stated he lives on a small cul-de-sac
immediately adjacent to 30 percent of the future development of the 47 single family
residences referred to in the City's environmental checklist form. He supported an EIR
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March 3, 2009
Page 13 of 15
for the development, noting that the Portuguese Bend residents want to ensure that
prior to issuance of permits for new residences, the Zone 2 Ordinance revisions address
all of the known impacts to the area.
Lynn Petak, Rancho Palos Verdes, expressed concern with the problems regarding the
increase of water from all over the hill that flows down Altamira Canyon and threatens to
destroy her property.
Council and staff discussion included the following issues: concern with a MND versus
an EIR; focus on the methods to study in order to condition the permits and
development as thoroughly as possible to mitigate any negative impacts based on
evidence as projects are presented for approval; considerable financial expenses to the
City and residents due to past and future potential lawsuits; that the reason behind the
adoption of the Landslide Moratorium was based on safety; the process that led up to
the determination that an EIR was not necessary; the opportunity to review the
additional materials and public input received to evaluate if a MND or a focused EIR
would be necessary; and, the proactive support of the City and Council Members and
financial risk to the City in the Monks court case.
Councilman Stern moved to continue the item.
City Attorney Lynch stated that the item should be re-noticed and MND re-circulated
due to additional mitigation measures that staff will add.
Councilman Stern withdrew his motion to continue the item.
Councilman Long moved, seconded by Councilman Stern, to: 1) Receive public
comments; and, 2) Receive and file the report.
Without objection, Mayor Clark so ordered.
ITEM REMOVED FROM THE CONSENT CALENDAR:
Mayor's Appointment to the LAX Community Noise Roundtable
City Clerk Morreale reported that this item had been removed from the Con sent
Calendar by Councilman Long for separate consideration.
Council discussion followed regarding the possibility of advertising the vacancy to
accept applications from the public.
Councilman Stern moved, seconded by Mayor Clark, that the City Council designate
Beverly Ackerson as the City's resident representative and Senior Administrative
Analyst Gary Gyves as the alternate representative to the LAX Community Noise
Roundtable for calendar year 2009 with the issue reevaluated next year to determine
whether or not to continue the appointments in calendar year 2010.
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March 3, 2009
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The motion carried on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Clark
NOES: Long
ABSENT: Gardiner
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to defer this item to
a future meeting.
Without objection, Mayor Clark so ordered.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Stern moved, seconded by Mayor Clark, to defer the item to a future
meeting.
Without objection, Mayor Clark so ordered.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council conducted the performance evaluation of
the City Manager and provided direction to the City Attorney regarding amendments to
be made to the agreement, with unanimous Council approval, and with Councilman
Gardiner absent.
ADJOURNMENT:
At 1:35 A.M. on Wednesday, March 4, 2009, Mayor Clark adjourned the meeting.
, gp •
Mayor
Attest:
//
City Clerk
W:\City Council Minutes\2009\20090303 CC MINS.doc
City Council Minutes
March 3, 2009
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