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CC MINS 20010116MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 16, 2001 The meeting was called to order at 6:30 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed to a closed session per the Brown Act Checklist. At 7:08 P.M. the meeting reconvened. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon ABSENT: None Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Deputy Director of Planning Dave Snow; Senior Planner Kit Fox; and, Deputy City Clerk/Recording Secretary Jackie Drasco. CEREMONIAL MATTERS: Mayor Lyon presented proclamations to Robert Linkroum, Producer of the live broadcasts of City Council meetings since 1987, and to Dan Colburn and Jack Carter, representing the Palos Verdes Peninsula Amateur Radio Club, whose volunteers have manned the cameras for live broadcasts of City Council meetings since 1984. RECYCLING DRAWING: The winner from the last drawing was Joseph Mannara, who will receive a check for $250, which represents a year of free refuse service. Another card was selected. APPROVAL OF AGENDA: Mayor Pro Tern McTaggart moved, seconded by Councilwoman Ferraro, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Mayor Lyon requested that the Service Contract for Phase II Assessment of City Hall item be removed from the Consent Calendar for discussion after the last item on the agenda. Mayor Lyon expressed her sympathy to Lois Larue in the loss of her son and asked that the meeting be dedicated to his memory. Lois Larue, 3136 Barkentine Road, expressed her thanks to the Mayor and described a memorial service she had attended that afternoon in honor of her son. Regarding the agenda, she felt that some speaker testimony was incomplete in the Minutes of December 19, 2000; that the Council assignments to represent the City at various outside groups was not balanced well between the Councilmembers. Mayor Pro Tern McTaggart moved, seconded by Councilwoman Ferraro to approve the Consent Calendar as follows: Minutes (301) Adopted the Minutes of December 5, December 19, 2000 and January 2, 2001. Notice of Completion for Construction of Catch Basin Inlet Filters (1204 x 604) (1) Accepted the work as complete. (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the Contractor posting an acceptable warranty bond, notify the surety company to exonerate the Payment and Performance Bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to United Storm Water, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project and the Contractor posting an acceptable warranty bond. Resol. No. 2001 -01 - Application for Grant Funds for Park Playground Accessibility and Recycling Grant Program (1204 x 1201 x 1301) (1) Authorized staff to apply for a grant from the State of California Park Playground Accessibility and Recycling Grant Program for park improvements. (2) ADOPTED RESOLUTION NO. 2001 -01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS NECESSARY FOR THE PROGRAM. Resol. No. 2201 -02 - Signal Modifications on Hawthorne Boulevard at Granvia Altamira/ Ridgegate Drive (1204 x 1503) (1) Approved the Plans and Specifications to modify the traffic signal on Hawthorne Boulevard at Granvia Altamira /Ridgecrest Road. (2) Awarded a construction contract to Steiny and Company, Inc. for an amount not to exceed $22,493, and authorized staff to spend an additional $3,007 for possible extra work for a total authorization of $25,500. City Council Minutes January 16, 2001 Page 2 (3) Authorized the Mayor and the City Clerk to execute a contract with Steiny and Company, Inc. (4) Authorized staff to negotiate the purchase of signal poles and mast arms in accordance with Section 2.44.140 of the Municipal Code for an amount not to exceed $ 71500. (5) Authorized the expenditure of up to $5,000 for construction inspection and administration services. (6) ADOPTED RESOLUTION 2001 -02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2000-33,-.THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000 -2001, FORA BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECT FUND AND GAS TAX FUND IN THE AMOUNT OF $381000. Time Extension for Conditional Use Permit No. 195 et al (1203 x 1804) Extended the approval of Conditional Use Permit No. 195 et al, for the Marriott Brighton Gardens Assisted Living Facility for one year, until February 2, 2002. November 2000 Treasurer's Report (602) Ordered received and filed. Resol. No. 2001 -03 - Register of Demands (602) ADOPTED RESOL. NO. 2001 -031 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. The motion to approve the consent calendar carried on the following roll call vote: AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon NOES: None # # # # # # # # # # # PUBLIC HEARINGS: Appeal of Coastal Permit No. 94- Revision `A' and Encroachment Permit No. 32 (Applicant: RPV Associates LLC, Tract No. 46628 (Oceanfront); Appellant: Rancho Palos Verdes City Council) (1203 x 1804) Mayor Lyon opened the public hearing on this request to appeal Coastal Permit No. 94- Revision `A' and Encroachment Permit No. 32. City Clerk Purcell announced that notice had been duly published and that there were written comments received by the City had been and made part of agenda packet City Council Minutes January 16, 2001 Page 3 Senior Planner Fox presented the staff report of January 16, 2001 and the recommendation to review the Planning Commission's approval of Coastal Permit No. 94- Revision `A' and Encroachment Permit No. 32. Councilman Stern disclosed that he met on January 14 for about an hour with Tim Hamilton of Capital Pacific Homes. (A memo regarding this disclosure is on file with the City Clerk's Office.) Rowland Driskell, 30 Via Capri, objected to the restrictive signs currently posted at the entrance to Oceanfront Estates and said that he sent an email voicing his concerns about the observation booths during the last hearing when he heard that no one objected to the observation booths. He felt that the booths were not necessary for deliveries and said that no other neighborhood was guarded. He confirmed that he lived in a limited access area but that the streets were private. (A copy of the wording of the current Oceanfront signs submitted by Mr. Driskell is on file with the City Clerk's Office.) Jeffrey Lewis, 2820 Via Pacheco, Palos Verdes Estates, CA 90274, brought a petition signed by 50 minors who had enjoyed riding bikes and hiking on this property before it was developed. He said that access to the ocean should not be denied and the observation booths would be uninviting to the public. (A copy of said petition is on file with the City Clerk's Office.) Virginia Leon, 30413 Via Cambron, said that lights from cars exiting the Oceanfront housing development flashed directly into her bedroom and that she was opposed to the observation booths because she thought they were inappropriate for the area. William B. Patton, 71 Marguerite Drive, representing the Lunada Point Homeowners Association consisting of 27 homeowners contiguous to Oceanfront Estates, spoke in support of the observation booths, stating that there was no restriction to public access and that the project complied with Coastal Commission guidelines. Rob Katherman, 19300 South Hamilton Avenue, #230, Gardena, CA 90248, representing Capitol Pacific Homes, stated that the observation booths were an important security feature to the families moving into Oceanfront Estates because of the free access to the coastal loop road. He felt the compromise reached by the Planning Commission balanced private property rights with and public access and said that more inviting, directional signs similar to those at Ocean Trails would be posted at more appropriate locations, including on the booths themselves. Tom Redfield, 31273 Ganado Drive, said that he was pleased with the manner in which the Planning Commission listened to the public and devised a compromise; however, City Council Minutes January 16, 2001 Page 4 he felt that an even better solution would have been to have no observation booths because of the intimidation factor and the setting of a precedent. He relayed specific incidents in which members of the public were discouraged, although not restricted, from entering the development. Penny Fooks, 30457 Via Cambron, said that although she had originally opposed the observation booths, her attendance at two Planning Commission meetings changed her mind. She felt that both sides were heard and that a good compromise was reached. She added that the booths would provide security not only for residents living in Oceanfront Estates but also for those walking nearby and that the homeowners within the development should be allowed to have these booths since they were willing to bear the cost. Ann Shaw, 30036 Via Borica, said that she was a member of the first Planning Commission and helped write the City's General Plan. She felt that the observation booths were in conflict to the intent of the General Plan. She said that there were many expensive homes in the City which did not have observation booths and she felt safe walking alone in the neighborhood near Oceanfront Estates. Tim Hamilton, representing Capital Pacific Homes, 30796 La Mer, Laguna Niguel CA 92677, said that the booths were merely for observation and that there was no intent to privatize the streets and that the personnel in the booths would have no authority to restrict access to the public. He said that four miles of trails had been built by Capitol Pacific and many people were using them. He said that they had been waiting for a letter indicating the City's dedication of the streets but it had not come and they had just recently opened the streets. He added that the restrictive signs which had been posted were intended for the model homes and the construction zone. He said that they had worked with the Planning Commission to make the buildings as low key as possible and to ensure that no ocean views were blocked. He felt the observation booths would add a measure of safety for the community as well as residents of Oceanfront Estates. There being no further testimony, Mayor Lyon closed the public hearing. Council discussion focused on continued opposition from the appealing councilmembers based on their belief that these booths were not in keeping with the intent of the General Plan; the compromise which scaled back the booths and relocated them farther from the arterial; the more inviting signs which would indicate clearly that public access was not prohibited; the possibility that the booths might be a deterrent to someone who had criminal intent; and, the measure of security which might be provided to the surrounding community. Councilman Byrd moved, seconded by Councilwoman Ferraro, to deny the appeal with the condition that the developer agree in writing that the guards be instructed not to City Council Minutes January 16, 2001 Page 5 deny access to anyone to use the public streets. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, and Mayor Lyon NOES: McTaggart and Stern It was noted that access to the construction zones would be still be protected. It was the consensus that a resolution reflecting the Council's comments would be presented at a future meeting. RECESS & RECONVENE: At 8:10 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:25 P.M. PUBLIC COMMENTS: Don Shults, 2129 Velez Drive, distributed two handouts to the Council which warned about defective attic- installed furnaces which have caused two fires in the Peninsula /South Bay area. He provided a phone number for the Gas Company which would inspect residential furnaces. He also discussed a program adopted in New York and being considered by the City of Los Angeles to allow residents to be placed on a "do not call" list and which requires telemarketers to honor these requests and be fined up to $2,000 per call for non - compliance. (Copies of both handouts are on file with the City Clerk's Office.) Bob Fisher 30545 Rhone Drive, alerted the City Council to landscaping which needs to be trimmed to a lower level to clear the view of the corner at the intersection of Crest Road and LeCroix Drive. REGULAR BUSINESS: Proposal for the Use of Upper Point Vicente Park (1201 x 1804) Barbara Gleghorn presented a proposal from Save Our Coastline II as an alternative to the use of upper Pt. Vicente Park for a golf course associated with the Long Point project. She asked the Council to honor the proposal made originally to the Federal Government for the use of this land and said that many residents supported this concept and that there were many community groups willing to assist in this effort. She discussed improvements to be made on the property and suggested that an ad hoc citizens' committee be appointed to receive public input and assist in the planning of an enhanced Point Vicente Park. (A copy of Ms. Gleghorn's remarks is on file with the City City Council Minutes January 16, 2001 Page 6 Clerk's Office.) Jim Knight furnished additional details regarding this proposal, stating that the City's General Plan provided a vision for preserving natural open space for passive recreational uses and that the SOC II proposal was the fulfillment of that vision. He explained the enhancement of Point Vicente Park, stating that it was a simple plan which was supported by citizens and community groups ready to assist in its implementation which provided educational, historical, and environmental benefits. Other advantages of the plan discussed by him included the fact that no fertilizer, pesticides or herbicides would be required, nor would grading, acquisition expense, or amendment to the General Plan. He urged the Council to examine the concept, receive input and assistance from the community and move forward with a fully developed plan. Barbara Gleghorn concluded the presentation by requesting that SOC II's proposal be included in the Environmental Impact Report and she urged the Council to encourage public input for alternatives other than the SOC II proposal. She felt that both actions would ensure that the City made the best decision regarding Point Vicente Park. Alyda White, 32614 Coastsite Drive, President of the Palos Verdes Peninsula League of Women Voters, said that the League supported the SOC II proposal but that there might be other proposals for this public land which they might support in the future. She repeated the League's request from the December 19 Council meeting that the Council authorize a questionnaire to be sent to each resident asking for their ideas for the use of this property and what they would be willing to assist with or support financially. She also repeated the League's offer to help with the formulating and tabulating the survey. She urged the Council to be pro- active in preserving this public land. (A copy of Ms. White's remarks is on file with the City Clerk's Office.) Leah Marinkovich, 28544 Montereina, said that she was speaking in support of the SOC II proposal for herself as well as two homeowners associations, Rolling Hills Riviera and Palo de Cino. She felt that this public land should remain accessible to everyone. She described per participation in working with the City of Los Angeles to establish the White Point Nature Preserve. John Beringer, 3412 Seaglen Drive, said that he was a past President and current Treasurer of the Rancho Palos Verdes Council of Homeowners Associations and that this organization had been involved in preparation and implementation of the City's General Plan. He said that the General Plan provides for the preservation of natural open space, as does SOC II's proposal which he supported. (A copy of Mr. Beringer's remarks is on file with the City Clerk's Office.) Paul Payne, 52 Via Capri, said that he was speaking for himself and as President of the Villa Capri Homeowners Association, and that originally there was support for the Long City Council Minutes January 16, 2001 Page 7 Point project because it was felt that property values would be enhanced but recently there were misgivings about having a golf course or a driving range near their homes. He expressed the Homeowner's Association support of the SOC II proposal. Stephen Carpenter, 6230 Scotmist Drive, felt that public land should remain available for the general public; that historic military sites on this property should be preserved; and that there are enough golf courses on the Peninsula already. Marianne Hunter, 1 Cinnamon Lane, said that she was impressed with the creativity and intelligence exhibited by the creators of the SOC II proposal and she thought that government should represent the will of the people. She urged the Council to preserve public land because it is irreplaceable and said that there were many people in the community willing to help with the implementation of the SOC II proposal. Jim Hathaway, 28955 Crestridge Road, asked the Council to seriously consider the SOC II proposal because the residents want this type of plan and it is the right thing to do. Gerlinde Ryan, Barkentine Road, asked that the Council restrict the Long Point project to Mr. York's own land and to keep public land accessible to everyone as the Federal Government intended when it gave the land to the City. She felt that the residents should vote on the use of public land, not the City Council. Holly Caine, 52 Avenida Corona, felt that the Long Point project should revert back to the plan which was approved previously, which is a hotel and a nine -hole golf course on the Long Point property only and that the public land should remain available for the public. She questioned the viability of the Long Point project as currently proposed. Angela Brinkmann -Busi, 2141 West 35th Street, San Pedro, speaking for the California Native Plant Society, said that during early NCCP meetings, Dr. John Atwood had determined that the upper Point Vicente Park had the highest success rate of gnatcatcher fledgling survival; the land also had cactus wren; and, it was a crucial site as a connection between habitats for distribution of species. She urged the Council to seriously consider the SOC II proposal and use this public open space for the NCCP. Ilse Oetiker, 6504 Via Baron, read from a letter from the California Coastal Coalition, made up of local environmental groups concerned about loss of open space on the Peninsula, which urged the Council to preserve views and habitat for sensitive species and plant communities and to support the SOC 11 proposal. (A copy of a letter from Kay Bara of the Coastal Conservation Coalition is on file with the City Clerk's Office.) Holly Gray, 16 Limetree Lane, read from a letter from the South Bay Audubon Society supporting the SOC II proposal and the NCCP, which offered the group's assistance in City Council Minutes January 16, 2001 Page 8 being part of a community effort to enhance habitat values and to create educational programs through its Audubon YES! Program, their youth environmental service volunteer program. (A copy of a letter from Jess Morton, President of the Palos Verdes /South Bay Audubon Society, is on file with the City Clerk's Office.) Ann Shaw, 30036 Via Borica, read 40 names of citizens who supported the SOC II proposal, most of which chose no #.to speak. (A copy.of said list is on file with the City Clerk's Office.) Council expressed its appreciation to SOC II for their substantial effort in preparing and presenting the proposal. It was noted that the draft EIR would be circulated beginning on February 5 or thereabouts, and that the public could contact Deputy Director of Planning Dave Snow or check the City's web site to comment, receive more information or be placed on mailing list to receive notices. RECESS & RECONVENE: At 9:35 P.M.,, Mayor Lyon declared a recess. The meeting reconvened at 9:45 P.M. Larry Vivien, 2324 West 37th Street, San Pedro, CA 90732, Conservation Chairman for the Sierra Club, spoke in support of the SOC II proposal and reiterated his comments from previous meetings that the NCCP should be completed before development is considered. He said that the upper Point Vicente Park is one of the most important habitats on the Peninsula and that it must be preserved. Council discussion focused on the timing of the EIR and City Manager Evans said that it would be possible to include this proposal in the EIR. Councilman Stern moved, seconded by Mayor Pro Tern MCTaggart, to request that staff address the SOC II proposal as an alternative in the EIR for the Long Point project. Motion carried. Resol. No. 2001 -04 -Staff Assistance in the Public Works Department (1204 x 1202) Director Allison presented the staff report of January 16, 2001 and the recommendation to (1) Authorize staff to obtain engineering services for the Public Works Department to maintain the current level of services until the two vacancies in the Public Works Department are permanently filled. (2) Adopt the proposed resolution amending Resolution 2000 -33, the Budget Appropriation for Fiscal Year 2000 -2001, for a budget adjustment to the General, Gas Tax, and Capital Improvement Project Funds in the amount of $60,000. City Council Minutes January 16, 2001 Page 9 City Clerk Purcell indicated that after the agenda packet was prepared, written comments had been received by the City and was forwarded to the Council. After a short discussion, Councilwoman Ferraro moved, seconded by Councilman Stern to (1) Authorize staff to obtain engineering services for the Public Works Department to maintain the current level of services until the two vacancies in the Public Works Department are permanently filled. (2) ADOPTED RESOLUTION 2001 -04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2000 -33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000 -2001, FOR A BUDGET ADJUSTMENT TO THE GENERAL, GAS TAX, AND CAPITAL IMPROVEMENT PROJECT FUNDS IN THE AMOUNT OF $60,000. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon NOES: None Authorization to File Conditional Use Permit Applications for Wireless Telecommunication Facilities on City Property (I 101 x 1601) Assistant City Manager Petru presented the staff report of January 16, 2001 and the recommendation to authorize the City Manager to sign two applications for Conditional Use Permits on behalf of the City for proposed wireless telecommunications facilities at Ladera Linda Community Center (Verizon) and City Hall (Metricom), thereby allowing these applications to proceed through the required permit review process. Council discussion centered on proposed antennas being placed below the parapet wall at City Hall so they would not be visible from a distance, proper noticing of nearby residents; and the requirement to prepare a view analysis for each site. Heather McCarty, WFI /Metricom, 101 S. First Street, #202, Burbank, CA 91502, explained that the service Metricom was proposing would be wireless Internet rather than cellular phone service. Tom Hamel, WFI /Metricom, 101 S. First Street, #202, Burbank, CA 91502, distributed brochures explaining their service, a photograph illustrating one of the antennas, and a list of references and explained that they have no installations in the City presently but are proposing two sites in Rancho Palos Verdes, one at City Hall and another at Ocean Crest Apartments. (A copy of the materials distributed is on file with the City Clerk's Office.) Councilman Byrd moved, seconded by Councilwoman Ferraro, to authorize the City Manager to sign two applications for Conditional Use Permits on behalf of the City for City Council Minutes January 16, 2001 Page 10 proposed wireless telecommunications facilities at Ladera Linda Community Center (Verizon) and City Hall (Metricom), thereby allowing these applications to proceed through the required permit review process. Motion carried. Long Point Resort Project Proposal (310 x 1804 x 602) Councilman Stern presented the staff report of January 16, 2001 and the following recommendations: (1) Withdraw permission previously granted to York Long Point Associates to submit a plan using City owned property for the Long Point Resort Project so long as the Long Point Resort Project does not maximize utilization of its privately owned property for golf and continues to allocate Long Point land for use for (a) Resort Villas, (b) West Casitas, (c) Parking at West Casitas, (d) East Casitas, (e) Bungalows and (f) exterior parking. (2 Direct City Staff and the Planning Commission that they shall not accept a design of the Long Point Resort Project that fails to maximize the use of the Long Point property to the fullest extent possible for the hotel and golf course, and instead uses the acreage for Resort Villas and Casitas, exterior parking and other uses that minimize the ability of the developer to site the maximum number of golf holes on its privately owned property. A primary goal to be achieved by the City Staff and the Planning Commission is to configure the Long Point Resort Project so that the developer substantially reduces or eliminates its need for city owned property in order to have a nine -hole golf course. (3) Direct the Finance Advisory Committee to undertake an analysis of the financial implications to the Long Point Resort Project of scaling back the Long Point Resort Project to not include the Resort Villas, Casitas, and other facilities which use acreage on the Long Point privately owned property, and thereby increase the "need" of the developer for use of city owned property. The Finance Advisory Committee should seek to evaluate the financial implication of eliminating Resort Villas, Casitas, and other facilities that use acreage. (4) Request that the developer of the Long Point Resort provide to the city a detailed plan of operation for its proposed golf course so that the City Council may begin to obtain public input and evaluate whether the plan is consistent with the city's desires and the requirements of the grant deed that the city hall property be used for recreational purposes for the general public. (5) The City Council should solicit public input and provide direction to the city committees and commissions that are addressing various aspects of this project. There are significant policy determinations that must be made. The City Council is the only body that should be addressing those issues. The City Council is the only elected body, answerable to the residents for the decisions we make. City Council Minutes January 16, 2001 Page 11 Councilman Stern stated that his recommendations are an attempt to achieve the benefit of revenue from the Long Point Project while still preserving public land. Council discussion centered on compliance with the process to have the Planning Commission, not the City Council, first review development proposals submitted to the City. It was argued, however, that this proposal was different because the developer is requesting that the project be built on land which he does not own, but which is public land. Other Council comments included whether a nine-hole golf course is economically Y feasible; whether the entire golf course would fit on the shape of the land gained on the developer's property if auxiliary elements of the hotel were eliminated; and, the general opinion that revenue from the hotel would be more significant than from the golf course. Vic Quirante, 29369 Quailwood, spoke in support of Councilman Stern's suggestions and felt that he, like many residents, did not want to use public land for the Long Point project. He said that he thought the projected income from golf was exaggerated and that this land should not be traded for even a large amount of revenue. Robert A. Nelson, 6612 Channelview Court, spoke in opposition to Councilman Stern's suggestions because he felt the project should be discussed as a whole and input from the financial consultant should be part of the proposal. He suggested that revenue to the City from this project would make possible the cleanup of Pt. Vicente Interpretative Center. George Gleghorn, 28850 Crestridge Road, spoke in support of Councilman Stern's suggestions, and said that he felt the process was designed to handle developments proposed by someone who owns the property and that it does not accommodate the issues in this instance. Leah Marinkovich, 28544 Montereina, representing Rolling Hills Riviera and Palos de Cino Homeowner Associations, agreed that the process did not seem to apply to this situation and wanted to see the public land preserved for public use. Paul Payne, 52 Via Capri, President of Villa Capri Homeowners Association, spoke in support of Councilman Stern's suggestions and felt that generation of revenue for the City while still meeting the needs of the residents would be possible if alternatives for the Long Point project were considered. Tom Redfield, 31273 Ganado Drive, felt that the Council should give strong direction to the Planning Commission because there were so many options it was difficult to know how to proceed. He said that he did not believe that a nine -golf course was feasible City Council Minutes January 16, 2001 Page 12 because neither serious golfers nor investors would be interested and that the hotel should be built without a golf course. Larry Vivien, 2324 West 37th Street, San Pedro, CA 90732, representing the Sierra Club, spoke in support of Councilman Stern's suggestions and questioned whether the City needed revenue enough to sacrifice public land. He cited other historical and open space sites in the area which had been preserved and felt that preserving the Nike site and bunkers near City Hall was important. Joe Deeble, 3 East Pomegranate, spoke in support of Councilman Stern's suggestions; felt that the Council should give firm direction to the Planning Commission; that a successful project could be built on a beautiful piece Of property such as Long Point; and, that to continue to lead Mr. York to believe that he might be able to use City property was a disservice to him as well as to residents. It was the consensus of Council that the use of City -owned property for this project should be mimized and that staff should provide the tape of this meeting to any interested member of the Planning Commission or any other group reviewing the Long Point project, and possibly the developer. Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to direct the developer and the City's consultants to conduct a financial assessment regarding the potential impact that may result from the exclusion of the villas and /or the casitas and other facilities from the Long Point Resort Project. Upon completion of the financial assessment, the Financial Advisory Committee shall review the financial assessment as a part of its review of the pending HVSI limited study of the proposed Project. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon NOES: None Service Contract for Phase II Assessment of City Hall (11101 x 1201) After a brief discussion regarding uses of the property and costs for the Phase II examination of the soil being borne by the City, Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve execution of the professional service contract with The Source Group for a Phase II assessment of City Hall grounds. City Council Minutes January 16, 2001 Page 13 The motion carried on the following roll call vote: AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon NOES: None CLOSED SESSION REPORT: Regarding the property at 30678 Palos Verdes Drive East, City Attorney Lynch reported that the Council unanimously agreed to make an offer to purchase the property less some of the real estate broker commission and a lease back of the property at market rates. Regarding the Echevarrieta case, City Attorney Lynch reported that the Council unanimously authorized her office to seek publication of the opinion and directed her office not to proceed to remove foliage until the appellate process is complete. Also, City Attorney Lynch reported that the Council voted unanimously (4 -0 -1) (Councilmember Stern was not yet present) to add an item to the Closed Session agenda regarding the City's claim against Los Angeles County concerning the Point Vicente Interpretive Center. This item came up after the posting of the agenda, and there is an immediate need to take action because of the need for the County of Los Angeles to ascertain, before the next City Council meeting, whether the County can be represented by Richards, Watson & Gershon in an unrelated matter. Regarding this additional item, she reported that the Council voted unanimously (5 -0) to waive a potential conflict of interest by the City Attorney's office pertaining to the Pt. Vicente Interpretative Center cleanup due to representation of Los Angeles County and the City of Vernon by Richards, Watson & Gershon in an unrelated dispute regarding the payment of a special tax by certain railroads to the City of Vernon. ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish /need to report on Council assignments.) Mayor Pro Tern MCTaggart, Mayor Lyon, and Councilman Stern reported on duly noticed meetings held on January 8, 2001, in Sacramento with State legislators Senator Betty Karnette and Assemblyman Alan Lowenthal. Councilman Stern disclosed that on December 23, 2000, he spoke on the telephone for about 15 minutes with Charles Brumbaugh, the developer for the Senior Housing Center proposed to be built near Crenshaw and Crestridge and on January 12, 2001, with Ken Zuckerman and Barbara Dye of Ocean Trails in order to be prepared to serve as one of the Council Liaisons to Ocean Trails. (A memo regarding this disclosure is on file with the City Clerk's Office.) City Council Minutes January 16, 2001 Page 14 ADJOURNMENT: Adjourned at 11:34 P.M. to January 30 at 7:00 P.M. for a joint workshop with the City Council, Finance Committee, and the Recreation & Parks Committee. r :r FA O ATTEST: f f 6A J� CITY CLERK WA2001 City Council Minutes \01162001 cc min.doc City Council Minutes January 16, 2001 Page 15