URGENCY ORDINANCE NO. 480U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 6 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, WHICH EXTENDS THE DEVELOPMENT AGREEMENT FROM OCTOBER 22, 2008 THROUGH JANUARY 22, 2009, AND DECLARING THE URGENCY THEREOF.
Ordinance No. 480U- Exhibit A
WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with private property owners; and
WHEREAS, the Rancho Palos Verdes City Council (the “City Council”) previously adopted Ordinance No. 328 approving that certain Development Agreement (the “Development Agreement”) by and between the City of Rancho Palos Verdes (the “City”) and Palos Verdes Land Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the Development Agreement), dated as of November 20, 1997, and recorded on December 8, 1997, as Instrument No. 97-1929840 in the Official Records of Los Angeles County, California; and
WHEREAS, pursuant to Government Code Section 65868, development agreements may be amended; and
WHEREAS, the City Council previously approved an Amendment to Ocean Trails Development Agreement (the “First Amendment”), by and between the City and Ocean Trails, L.P., the successor in interest to Palos Verdes Land Holdings Company, L.P. and the Zuckerman Entities, on September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official Records of Los Angeles County, California. Additionally, the City Council previously approved a second Amendment to the Ocean Trails Development Agreement (the “Second Amendment”), by and between the City and VH Property Corp., a Delaware corporation, on March 4, 2003, and recorded as Instrument No. 03-1139102. Furthermore, the City Council previously approved a third Amendment to the Ocean Trails Agreement (the “Third Amendment”) by and between the City and VH Property Corp., a Delaware corporation, on November 20, 2007. Furthermore, the City Council previously approved a fourth Amendment to the Ocean Trails Agreement (the “Fourth Amendment”) by and between the City and VH Property Corp., a Delaware corporation, on March 4, 2008. Furthermore, the City Council previously approved a fifth Amendment to the Ocean Trails Agreement (the “Fifth Amendment”) by and between the City and VH Property Corp., a Delaware corporation, on July 15, 2008. The Development Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are sometimes referred to collectively herein as the “Agreement”; and
WHEREAS, VH Property Corp. (“Developer”) is the successor in interest to Ocean Trails, L.P; and
WHEREAS, the parties wish to extend the life of the Development Agreement from October 22, 2008 through January 22, 2009; and
WHEREAS, the City Council conducted a duly noticed public hearing on October 21, 2008, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Fourth Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The proposed Sixth Amendment to the Development Agreement makes a minor amendment to the Development Agreement to extend its life from October 22, 2008 through January 22, 2009. This minor change to the Development Agreement does not make any physical change to the Project or to the conditions of approval that were imposed on the Project and conforms to the maps and policies of the City's General Plan. Accordingly, the revision to the Development Agreement is consistent with all applicable provisions of the General Plan.
Section 2. The proposed Sixth Amendment to the Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5.
Section 3. The proposed Sixth Amendment to the Development Agreement will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the general public, since the project will be constructed in accordance with the plans that were approved previously by the City Council, including any amendments to the plans that have been approved previously by the City Council.
Section 4. The proposed Sixth Amendment to the Development Agreement does not alter the clear and substantial benefit to the residents of the City of the Project, since the proposed amendment makes no substantive changes to the Project or to the Development Agreement.
Section 5. During the ten-year term of the Development Agreement a major landslide occurred on the property that is subject to the Development Agreement. The landslide delayed completion of the project for several years while the landslide was being studied and repaired. In addition, two additional landslides on the property caused geologic concerns regarding the completion of the portion of the project that is within Tentative Tract Map No. 50666. The geologic issues were not easily resolved and required a panel of three experts to be retained by the City, as requested by the Developer. Some of these issues still need to be resolved before the development of the project can be completed. The failure to resolve these geologic issues in a satisfactory manner could result in additional land failures on the site, which could have an immediate and adverse impact upon the public health, safety and welfare. If the Development Agreement is not extended to January 22, 2009, the parties will not be able to revise its terms before it expires. This ordinance, therefore, is necessary for the immediate protection of the public health, safety and welfare and shall take effect immediately upon adoption as an urgency ordinance.
Section 6. For the foregoing reasons, and based on the information contained in the staff reports, supporting documentation, minutes and other records of the proceedings, all of which are incorporated herein by this reference, the City Council hereby approves the proposed Sixth Amendment to the Development Agreement with VH Property Corp., which amendment is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 7. The City Clerk shall cause this Urgency Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.
Section 8. This Ordinance shall go into effect and be in full force and effect immediately upon its passage. This ordinance is effective until 11:59 p.m. on January 22, 2009, unless further extended by the City Council by the adoption of another ordinance.
PASSED, APPROVED and ADOPTED this 21st day of October 2008.
/s/ Douglas W. Stern
/s/ Carla Morreale
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES)
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. 480U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 21, 2008 by the following vote:
AYES: Clark, Long, Wolowicz and Stern