MAY 3, 2005 BORDER ISSUES STATUS REPORT MAY 3, 2005 BORDER ISSUES STATUS REPORT

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: DIRECTOR OF PLANNING, BUILDING & CODE ENFORCEMENT

DATE: MAY 3, 2005

SUBJECT: BORDER ISSUES STATUS REPORT

Staff Coordinator: Kit Fox, AICP, Senior Planner

RECOMMENDATION

Review the current status of border issues and provide direction to Staff, as appropriate.

EXECUTIVE SUMMARY

This month’s report includes:

BACKGROUND

The following is the regular monthly report to the City Council on various "border issues" potentially affecting the residents of Rancho Palos Verdes. The complete text of the current status report is available for review on the City’s website at:

http://www.palosverdes.com/rpv/planning/border_issues/2005/20050503_BIStatusRpt.htm

DISCUSSION

Current Border Issues

Ponte Vista Project at Former Navy Housing Site, Los Angeles (San Pedro)

In a Daily Breeze article on April 6, 2005 (see attachments), the high bidder in the Ponte Vista auction identified himself as Bob Bisno of Century City-based Bisno Development Company. Based upon comments attributed to Mr. Bisno, it appears that he intends to develop the site with high-density multi-family units, and to construct substantially more units than the two hundred forty-five (245) homes that currently exist on the site. The property is currently zoned R-1 by the City of Los Angeles, so we anticipate that a change in zoning will be required to implement the developer’s proposal. However, Mr. Bisno has expressed confidence that he will reach agreements with the designated homeless services providers (HSPs) to buy out their interests in a 19.58-acre portion of the 61.53-acre site. Staff will continue to monitor the progress of the sale through the close of the escrow period, including the status of any alternate agreements that may be reached between the developer and the HSPs.

Liquefied Natural Gas (LNG) Import Terminal, Port of Long Beach

Staff recently contacted the Port of Long Beach regarding the status of the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the proposed liquefied natural gas (LNG) import terminal. The draft EIS/EIR was originally expected to be released in the first quarter of 2005. The anticipated release date is now June 2005.

New Border Issues

Montrose Settlements Restoration Program, Offshore from Palos Verdes Peninsula

From the late 1940s until the early 1970s, Torrance-based Montrose Chemical Corporation (Montrose) and several other South Bay manufacturers discharged DDTs and PCBs into the waters off the Palos Verdes Peninsula through the Los Angeles County Sanitation Districts’ White Point outfall. The presence of these chemicals in near-shore waters has resulted in the decline of bald eagles, peregrine falcons and other seabirds in the Channel Islands, and has also resulted in the issuance of fish consumption advisories and the enactment of commercial catch bans affecting the waters off the Peninsula.

During the 1990s, the state and federal governments pursued litigation against Montrose and the Sanitation Districts, which culminated in a series of settlement agreements resulting in the payment of $140.2 million plus interest to the state and federal governments. The Natural Resource Trustees in the Montrose case were allocated $63.95 million to pay for past damage assessments, and to plan and carry out a natural resource restoration plan. To manage this effort, the Natural Resource Trustees created the Montrose Settlements Restoration Program (MSRP) in 2001. The overall goals of the MSRP are to:

The specific restoration objectives of the MSRP are to restore fishing services; fish and the habitats on which they depend; and populations of bald eagles, peregrine falcons and other seabirds. The focus of the MSRP is the stretch of Southern California coastline from Point Dume to Dana Point, also including the Channel Islands.

On April 5, 2005, the City received notification of the availability of the Programmatic Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Draft MSRP Restoration Plan. A copy of the Executive Summary is attached to this report, and additional information and the complete text of the EIS/EIR is available on-line at:

http://www.montroserestoration.gov

The preferred alternative for the Draft MSRP Restoration Plan identifies seventeen (17) potential restoration actions to implement the goals and objectives of the MSRP. Among the restoration actions that might affect the City is the construction of artificial reefs and fishing access improvements. In the preliminary studies leading to the development of the current draft plan, improvements to the Point Vicente Fishing Access were identified as a potential restoration project. The Draft MSRP Restoration Plan contains no details or specifics regarding the nature or scope of such possible future improvements, but Staff presumes that they would probably require City and/or Coastal Commission approval.

The public comment period for the EIS/EIR ends on May 23, 2005. Therefore, Staff has prepared the attached draft comments for the City Council’s review and comment.

Respectfully submitted:

Joel Rojas, AICP, Director of Planning, Building and Code Enforcement

Reviewed by:

Les Evans, City Manager

Attachments:

Daily Breeze article regarding Ponte Vista auction (dated 4/6/05)

Executive Summary for MSRP Draft Programmatic EIS/EIR (released 4/8/05)

Draft comments on MSRP Draft Programmatic EIS/EIR (dated 5/3/05)