City Council Minutes 08/28/2002 RPV, City, Council, Minutes, 2002, Meeting RPV City Council Minutes for the 08/28/2002 Meeting

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
AUGUST 28, 2002

The meeting was called to order at 6:00 P.M. by Mayor McTaggart at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist. At 7:05 P.M. the meeting was reconvened.

Following the Pledge of Allegiance led by Councilman Gardiner, roll call was answered as follows:

PRESENT: Ferraro, Gardiner, Stern, Clark, and Mayor McTaggart
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; Deputy Planning Director Pfost; City Clerk/Administrative Services Director Jo Purcell, and Minutes Secretary Dianne McGivern.

RECYCLE DRAWING:

Vincent Chan, 3520 Heroic Drive, Rancho Palos Verdes, was selected as winner of a free year of refuse service valued at $250.

APPROVAL OF AGENDA:

City Clerk Purcell announced the distribution of late correspondence.

Councilwoman Ferraro moved for approval of the agenda, seconded by Councilman Clark. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilwoman Ferraro moved for approval of the Consent Calendar, seconded by Councilman Stern.

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.

Minutes (301)

Approved the minutes of August 6, July 2 and July 18th, as amended.

Councilwoman Ferraro and Councilman Gardiner abstained from voting on the minutes of the July 18, 2002 meeting with the School Board because they were not in attendance at that meeting.

Ordinance No. 379 - NPDES Regulations. (1204 x 1402)

ADOPTED ORDINANCE 379, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND URBAN RUNOFF POLLUTION CONTROL AND AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

Ordinance No. 380 - Purchasing Ordinance Revision (602 x 302)

ADOPTED ORDINANCE NO. 380, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PURCHASING AND DISPOSITION OF CERTAIN SUPPLIES AND EQUIPMENT AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

Commercial Refuse And Collection Agreement With Gemini Services, Inc. (1204 x 1301)

Authorized the Mayor and the City Clerk to execute a Nonexclusive Franchise Agreement for Commercial Refuse Collection and Disposal Services with Gemini Services, Inc. (Gemini) to be effective through December 31, 2002.

Resolution No. 2002-66 - Register of Demands.

ADOPTED RESOLUTION NO. 2002-66, 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: Ferraro, Gardiner, Clark, Stern, and Mayor McTaggart
NOES: None


PUBLIC COMMENTS

Resol. No. 2002-67 - Conformance with the 2002 L.A. County Congestion Management Program (CMP) (1203 x 1505)

Councilman Gardiner moved to waive the presentation of the staff report. Councilman Clark seconded. Motion carried.

The public hearing was opened, however, there being no response to Mayor McTaggart's request for public testimony, he declared the public hearing closed.

Councilman Gardiner moved, seconded by Mayor pro tem Stern to ADOPT RESOLUTION 2002-67, ADOPTING THE CITY'S 2002 LOCAL IMPLEMENTATION REPORT AND SELF-CERTIFYING THE CITY'S CONFORMANCE WITH THE 2002 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY.

Resolution Nos. 2002-68 and 69 - Belmont Village Assisted Living Facility CUP No. 195 (1203 x 701)

Associate Planner Blumenthal reported that in February 1999, the City Council conditionally approved the Brighton Garden project for the Marriott Corporation, which allowed the construction of a 122-unit assisted living facility for seniors on a 4.5 seven acre parcel. Subsequently, the Belmont Corporation entered into an agreement with Marriott Corporation to purchase the property and the project, and has submitted an application for the Conditional Use Permit and the grading permit for the property.

The Belmont Corporation had proposed minor modifications to the project that included adjusting the shape of the building from an H-shaped to a U-shaped building. The grading of the project had increased and the total now is 15,940 cubic yards. The building size increased to 19,000 square feet. The residents' room sizes increased and there was a decrease in the length of the building by 17 feet along Crestridge Road.

Mr. Blumenthal noted that the proposed building utilizes the same footprint and the same height of 35 feet as was previously approved. A Supplement to the Final Impact Report No. 27 was prepared as part of the analysis. The supplement focused on geology, transportation, air quality, and noise. All other environmental impacts caused by the modifications were found not to be significant. The supplement did include the statement about considerations to be adopted for the geology because of the grading over high and extreme slopes and for air quality because of short?term impact caused by the grading.

Mr. Blumenthal further noted that the supplement also included the fact there would be no other environmental impact which could not be mitigated below level of "significant."

On July 23, 2002, the Planning Commission conducted a public hearing. Four people spoke in favor of and one person spoke against the proposal. During that hearing, the Commission discussed a potential trail with regard to the project. The approval in 1999 did not include a trail in the plans and staff felt if a trail was to be provided, it should be incorporated into the adjoining properties, as there would be greater opportunity for trail connection. After consideration of all the written and oral evidence, the Planning Commission recommended that the City Council certify the Supplement to Final Impact Report No. 27 and approve Conditional Use Permit No. 195, Revision A and Grading Permit No. 1903, Revision A subject to the recommended conditions of approval.

Mr. Blumenthal presented a site plan and indicated that the elevations remain the same as previously approved.

Mayor pro tem Stern indicated a concern regarding religious services being conducted on Saturdays and the notation that it is proposed that construction take place on Saturdays.

Mr. Blumenthal indicated that currently there was no opposition from the neighboring temple.

Mayor McTaggart questioned staff regarding the air conditioners being located next to the wall. He voiced concern over the potential for noise. Mayor pro tem Stern agreed that it could be a problem.

Mr. Blumenthal informed the Council that the Belmont Corporation does not use cooling towers. They opted to use air conditioning condensers located along the building, so that the matter of noise should not be a concern.

Mayor McTaggart pointed out the inadequacy of the employee parking as an issue that needs to be addressed. He suggested that some additional parking could be provided for employees near the property boundaries. He expressed another concern that the vans used for transport may take up additional parking, causing a further problem.

Mr. Rojas informed the Council that allowances were made for additional parking along the side of the building, which could be designated as employee parking, only.

Mayor McTaggart pointed out that the Planning Commission only allowed for a six-foot wall adjacent to the parking area, and stated that he felt this would not be sufficient to attenuate the potential noise issues.

Mayor McTaggart raised a question regarding the plans for excavation for the parking area and driveway, so that there would not be damage to the foundation. He indicated that he had expressed these concerns early on and had received no answers.

Councilwoman Ferraro indicated that landscaping would help to mitigate the noise issues, and that there would probably not be as many cars ingressing and egressing the site as contemplated.

David Hail, representing the Belmont Corporation, addressed the Council. He offered to put up rendering boards, but Council felt they were unnecessary. He indicated that there were 20 employee parking spaces and that there were several options available for locating the van parking.

Mr. Hail indicated that the temple activities take place on a second story and that the noise from the construction site would be minimal. He also addressed the transformer, indicating that California Edison provided the unit and that Belmont had no control over that. He did state that it is situated behind a 6-foot wall, six feet away from the property line, and felt that this distance would be sufficient.

He suggested the utilization of a shuttle service as transportation for the residents. Mayor McTaggart accepted and encouraged this idea. Councilman Gardiner suggested putting a provision in the conditions that states that the employees cannot park in the front of the building between certain hours. This condition would result in there being more parking during the daytime when there is more activity.

Mr. Hail agreed.

Councilwoman Ferraro moved to adopt RESOLUTION NO. 2002-68 CERTIFYING THE SUPPLEMENT TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 27; AND ADOPT RESOLUTION NO. 2002-69, APPROVING WITH CONDITIONS, CONDITIONAL USE PERMIT NO. 195, REVISION "A" AND GRADING PERMIT NO 1903, REVISION "A" (CASE NO. ZON2001-00055.) with the following conditions: (1) to have the trash enclosure and transformer relocated; (2) to have the trash enclosure and transformer soundproofed; (3) to have a six-month review added; (4) to designate an area of the property that will be reserved for employee or van parking; and, (5) to provide a shuttle service for the residents. Mayor pro tem Stern seconded the motion.

There being no objection, Mayor McTaggart so ordered.

RECESS AND RECONVENE

At 8:04 p.m., Mayor McTaggart declared a recess. The meeting was reconvened at 8:17 p.m.

PUBLIC COMMENTS

Lois Larue, 3136 Barkentine Road, expressed her concern that P.M. was designated in lower case rather than "P.M." in upper case in the minutes of August 6, 2002.

PUBLIC HEARINGS:

Long Point Resort Project - CUP No. 215 (1203 x 1804)

Senior Planner Ara Mihranian pointed out that at the August 6, 2002 meeting, the Council reviewed the project draft conditions of approval. At the time, the Council reviewed each condition and made specific modifications. As a result of that review, there were several issues that the Council felt were not resolved in the conditions of approval. Council directed staff to meet with the applicant's team as well as the community interest groups to address these concern, specifically the ones pertaining to drainage, water quality, landscaping and biological issue.

Mr. Mihranian indicated that pursuant to the Council's direction, staff held several meetings with the applicant's team and the community interest groups to resolve the issues. He indicated that they also met with the project's water quality expert to address water quality issues. He stated that as a result of these meetings, several of the concerns raised at the August 6, 2002 meeting were addressed and were included in the conditions presented to Council.

With respect to the conditions of approval, Mr. Mihranian elaborated that he had prepared a comparison document to facilitate in that review. He explained that it consisted of a red line document of the original conditions presented to Council on August 6, 2002, in comparison to what was presented to Council in the current agenda packet. Additionally, he stated that he had prepared a modified table that was distributed to Council, and a memo in response to a comment letter that was distributed to Council over the weekend, which addressed specific concerns regarding the lower pool facility.

City Attorney Lynch indicated that the changes in the resolutions were typographical and stylistic in nature, but that no substantive changes were made to the resolutions.

Mr. Mihranian summarized the decisions of the Planning Commission regarding the variance that was originally proposed and presented on July 9, 2002. The original proposal divided the structure between an area set aside for hotel guests and an area for the public. He explained that at that time, staff raised a concern regarding the specific design and representation of the public amenity components of the plan. Staff had recommended to the Commission, as well as to the applicant, that the area be expanded to include additional amenities. Because of these concerns, the applicant revised the design of the layout and increased the public amenities by extending the deck area.

Mr. Mihranian stated that another concern raised at the Planning Commission meeting was the issue of a fence for pool security creating a view obstruction for visitors. The applicant modified the fence so that it is open and permeable like a wrought iron fence, and has situated it so that there will be no view impairment.

Mr. Mihranian added that the public amenities now include public restroom facilities and an outdoor shower. He also stated that there is now access to the food and kitchen facilities, and that tree planters and tables will be provided that will offer shaded seating areas.


Mr. Mihranian addressed the specific coastal access trail that leads to the shore and the design of the structure for A.D.A. compliance. He informed the Council that the design had been adjusted, making the pool, the decking, and the cabana areas larger.

Mr. Mohler indicated the pool size to be approximately an 80-foot by 60-foot rectangle. He added that with all the changes, the area now encompassed 1,400 square feet.

Councilman Clark inquired if members of the public now had access to food service, a public restroom, shower, water fountain, tables, and a bench and tree area.

Mr. Mohler informed Council that all of those amenities were strategically placed along the path as it continues down to the beach where there is public access to the beach and the lower trail that connects to the bowl area and lookout bar.

Mr. Mihranian discussed each of the Conditions of Approval and answered questions to the Council's satisfaction.

Mr. Robert Lowe addressed the Council regarding the purchase of Ocean Trails by Donald Trump. He indicated that Credit Suisse, the owner of Ocean Trails, had changed their plan and that the Trump organization would be financing the remaining work at Ocean Trails.
He indicated that since Donald Trump had made the announcement, they have had two conversations with him. He stated that they both clearly understand and have agreed that the two assets working together are important to the value of each asset. Mr. Lowe stated that Donald Trump assured him and vice versa that they would in good faith attempt to arrange that kind of ongoing working relationship. He indicated that Donald Trump has a reputation for doing high quality work.

Councilman Clark inquired how the change would affect the proposed relationship between the patrons of the Long Point Resort and Ocean Trails.

Mr. Lowe responded that he would not know until plans were complete how it would affect tee times, etc. He was confident that Ocean Trails would benefit by having patrons of the Long Point Resort play golf there.

Several of the conditions were discussed in detail and the applicant satisfactorily answered all of the Council's questions.

RECESS AND RECONVENE:

At 10:38 P.M., Mayor McTaggart declared a recess. The meeting was reconvened at 10:46 P.M.

Resolution Nos. 2002-70 and 71 - Long Point Resort Project - CUP No. 215 (1203 x 1804)

Mayor McTaggart opened the hearing for public comment.

Jim Knight, 5 Cinnamon Lane, commended staff on a job well done. He mentioned a meeting with the applicant's water quality experts where bioswales were discussed. He indicated his concern that the applicant's experts indicated that very little scientific study has been done on the impact of the bioswales on the habitat in the area. Mr. Knight discussed a meeting with Mike Mohler and his staff landscape architect at White Point that was very productive. He described adding native color and blooms with pleasant aromas that he felt would bring an attractive quality to the hotel on the buffer area. He indicated that the natives have educational value.

Ann Shaw, 30036 Via Borica, spoke regarding the lower pool facility. She stated that she felt it is a terrific facility, but that she is disappointed with the location of the pool. She outlined the differences between the two coastal setback lines and indicated that under the Code, nothing can be built except landward of the inner line, which is the construction structure setback line. She pointed out that the lower pool is currently slated to be built seaward of the setback line and suggested that the applicant would need to either apply for a variance permit or redraw the lines.

Mayor McTaggart offered that the City could not do that because the geology is unique to this area and not consistent with the entire coastline. Mayor McTaggart stated that the reason the line was drawn was to protect the bluff tops from erosion, and when something is proposed seaward of that line and the geologist says it is safe, then that is acceptable.

Ms. Shaw addressed the proximity of the project to the slide area. She suggested that the City use extreme caution regarding the location of the swimming pool. She stated that this may be a very geologically sound area, and that she understands the pool is going to be double-lined with a water monitor, but that if it leaks there would be potential damage to the cliff. She indicated grave concern that water could erode the cliff, possibly causing the pool to slip and harm people.

Mayor McTaggart encouraged Ms. Shaw to read the geology report showing the strength of the geology underneath the proposed location.

Robert Haas, 20 Sea Cove, commented that it was very obvious that the Council was going to approve the project and that staff and the Council are putting enormous time and effort into arriving at conditions that will make it palatable to the residents of the City. He indicated that the reality is that the City was formed with the principal purpose in mind of preserving the rural and suburban atmosphere for the enjoyment and welfare of the residents. He reminded the Council that no decision has been made; that they are free to decide what they think is best for the community. He stated that the fundamental fact is that this project is invasive to the community. He described the project as the antithesis of the reason the community was formed and stated that the traffic issues have not been addressed and that he hoped that this project would not be something the City would regret.

Lois Larue, 3136 Barkentine Road, first stated that there was a large pile of trash in front of her house, but indicated it was a long story. She stated that it was her understanding that the Council was to discuss the Long Point project this evening, but that it seemed the only item being discussed was the swimming pool on the bluff. She congratulated the docents of Point Vicente and described their exhibit of the earliest people on the Peninsula displayed in the glass case, referring to them as the Tongvas. She informed the Council that in the museum in Malaga Cove there is information about the Gabrielino Indians and their relationship with the Catholic Church and the San Gabriel Mission. She indicated that the Indians were actually Tongvas, not Gabrielino Indians. She congratulated the City for getting it right. She also congratulated Barbara Sattler for pronouncing White Point correctly. She stated that the San Pedro Bay Historical Society took this to heart, studied it, and decided it was White Point and not White's Point.

Craig Mueller, 3559 Sea Glen Drive, stated that he reviewed the entire list of conditions. He expressed excitement towards the Long Point project and indicated that his concern has always been to have visual and physical access to the property. He stated that his main concern is with the height of the fence separating the public area from the pool area. He suggested that the fence be built five feet high to accommodate the shorter people in the community who would lose the benefit of a view because of a taller fence.
He thanked the Council for taking on the job of reviewing the project and indicated that he felt Staff was doing an excellent job.

Lenay Bilsky, 4255 Palos Verdes Drive South, stated that she was disappointed in the use of the land and questioned if the building was sited to capture the best views of the coastline.

Marcella Low, Palos Verdes Chamber of Commerce, vice president of Government Affairs. Ms. Low indicated the Chamber's support of the project.

Roy Campbell, 550 Silver Spur Road, discussed the survival of the eucalyptus trees and the pepper trees on the Peninsula. He offered that the palm trees and the olive trees are not self-propagating.

Barbara Sattler, suggested outsourcing for getting a supply of the native plants for revegetation so there would be an adequate supply of them available for planting at the site. She stated that permission from the Dept. of Fish and Game is required and that this procedure is in place to preserve the genetic integrity of the plants.

Mayor pro tem Stern moved for approval of the project and adopt as amended to include the changes indicated RESOLUTION NO. 2002-70, CERTIFYING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT MAKING CERTAIN ENVIRONMENTAL FINDING, AND RESOLUTION NO. 2002-71 APPROVING WITH CONDITIONS, THE LONG POINT RESORT HOTEL PROJECT as amended. Councilwoman Ferraro seconded the motion.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, Clark, Stern, and Mayor McTaggart
NOES: None

ADJOURNMENT: Mayor McTaggart adjourned the meeting at 12:08 p.m.

/s/ John C. McTaggart
Mayor

Attest:

/s/ Jo Purcell
City Clerk