Loading...
CC DM 20200602 B - 20191119 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING NOVEMBER 19, 2019 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Duhovic at 5:35 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY GC SECTION 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation in four (4) cases. 2. PENDING LITIGATION – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. BS174116 3. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) DRAFT - City Council Minutes November 19, 2019 Page 2 of 10 Based on facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 4. PENDING LITIGATION – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:37 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 6:55 P.M., the Council reconvened the meeting for a Study Session. STUDY SESSION PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: SS1. Review of Tentative Agendas and Ongoing City Council Goals and Priorities Discussion ensued among Council Members and Staff regarding items on the upcoming City Council meetings as listed on the tentative agendas. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None ADJOURN TO REGULAR MEETING: DRAFT - City Council Minutes November 19, 2019 Page 3 of 10 At 7:04 P.M. the Study Session was adjourned to the Regular meeting. REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Duhovic at 7:05 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney; Angelina Garcia, Interim Director of Finance; Ara Mihranian, Director of Community Development; Octavio Silva, Senior Planner; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s Department PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Doug Willmore, City Manager. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to: Closed Session No. 1 related to three cases involving former Councilmember Brian Campbell in securing his compliance with specific California Public Records Act requests (CPRA), matter was discussed and direction was given to the City Attorney’s Office to take no further action in recovering the monetary value of any “damages” sustained by the City in its efforts to compel Mr. Campbell to comply with the CPRA; Closed Session No. 1 (fourth case) discussed a strategy that can avoid litigation and Council unanimously directed the implementation of the strategy discussed; Closed Session No. 2, item was discussed with no reportable action taken; Closed Session No. 3, litigation avoidance strategy was discussed and reviewed and approved by the Council however no reportable action taken; Closed Session No. 4, an interim ruling issued be the Los Angeles Superior Court was made and the City’s position moves forward to a favorable resolution in its favor. MAYOR’S ANNOUNCEMENTS: DRAFT - City Council Minutes November 19, 2019 Page 4 of 10 1. Heroes Among Us Presentation Mayor Duhovic and the City Council honored Retired United States Navy Radioman John Needham for his dedicated heroic military service and presented him with a proclamation. 2. Farewell presentation to outgoing City Manager Doug Willmore Mayor Duhovic and the City Council expressed farewell wishes to outgoing City Manager Doug Willmore. The Council commended Mr. Willmore for his years of service to the City and his exemplary leadership. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the November 6, 2019, City Council meeting: H.G. Raymond and Joanne Buckland. He indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. He noted that in addition to winning the Recycler Drawing, the two indivi duals also won a Personal Emergency Preparedness Kit from the City valued at $60.00. APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None PUBLIC COMMENTS: The following members of the public addressed the City Council: Noel Weiss, Lori Brown, Nadia Georgieva, Matt Martin, Barbara Sattler, Susan Wilcox, and Minas Yerlian. CITY MANAGER REPORT: City Manager Willmore announced the following: City recruitment for Planning Commission and various advisory boards vacancies, and extra efforts are being made to address and rectify multiple traffic complaints related to the Cal Water project on Crenshaw. CONSENT CALENDAR: DRAFT - City Council Minutes November 19, 2019 Page 5 of 10 City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items C, D, and G and announced that Staff has requested to pull Item G and to be heard at a future meeting. Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the Consent Calendar with Item G removed and to be heard at a future meeting. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None A. Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this me eting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. B. Register of Demands Adopted Resolution No. 2019-60, 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. C. Consideration and possible action to award a professional services agreement to DCA Civil Engineering Group, Inc. for design services associated with the Crest Road to Crestridge Canyon Storm Drain Project (1) Awarded a professional services agreement to DCA Civil Engineering Group, Inc. for engineering design services for the Crest Road to Crestridge Canyon Storm Drain Project, in the not-to-exceed amount of $139,877; and (2) Authorized the Mayor and City Clerk to execute the professional services agreement, subject to approval as to form by the City Attorney. D. Consider approval of an Interim City Manager Employment Agreement with Ara Michael Mihranian, AICP (1) Approved an “Interim City Manager Employment Agreement” between the City of Rancho Palos Verdes and Ara Michael Mihranian, AICP; and (2) Authorized the Mayor to execute the same following approval as to form by the City Attorney E. Consideration and possible action to approve an agreement with Terry Rodrigue of Interwest Consulting Group, Inc. to provide services as the Interim Director of Community Development DRAFT - City Council Minutes November 19, 2019 Page 6 of 10 Authorized the Mayor and City Clerk to enter into an agreement, in a form approved by the City Attorney, with Terry Rodrigue of Interwest Consulting Group, Inc. to provide Interim Director of Community Development services F. Consideration and possible action to approve an amendment to the license agreement with T-Mobile Communications for an antenna at Ryan Park Authorized the Mayor and City Clerk to approve an amendment to the license agreement with T-Mobile Communications, in a form approved by the City Attorney, for an antenna at Ryan Park. G. Consideration and possible action to approve entering into an Agreement with Vigilant Solutions, Inc. to purchase Phase 2 ALPR cameras for Eastview neighborhoods along Western Avenue This item was pulled for consideration at a future meeting. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to adopt the final Rancho Palos Verdes Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) City Clerk Colborn reported that notice of the public hearing was duly published, no written protest was received, late correspondence was received and distributed prior to the meeting, and there were requests to speak. Mayor Duhovic declared the public hearing open. Katie Lozano, Senior Administrative Analyst, presented a brief staff report and PowerPoint presentation. The following members of the public addressed the City Council: Scott Birken (Counsel for Jim York), Allen Franz, Noel Park, Barbara Sattler, Al Sattler, Bill Allor, Eva Cicoria, Jim Knight, and Minas Yerlian. With no other requests to speak, Mayor Duhovic declared the public hearing closed. Mayor Duhovic called for a brief recess at 8:38 P.M. The meeting reconvened at 8:50 P.M. Discussion ensued among Council Members and Staff. DRAFT - City Council Minutes November 19, 2019 Page 7 of 10 Mayor Duhovic moved, seconded by Councilwoman Brooks, to (1) Adopt Resolution No. 2019-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE CITY’S NATURAL COMMUNITY CONSERVATION PLAN/HABITAT CONSERVATION PLAN (NCCP/HCP), as amended per the corrections provided by Staff as late correspondence included herein, and errors in documents will be corrected; (2) Initiate code amendment proceedings to amend the Rancho Palos Verdes Municipal Code to reflect the NCCP/HCP as follows: a. Title 15 (Fire Code); b. Title 16 (Subdivision Ordinance); c. Chapter 17.41 (Coastal Sage Scrub Ordinance); d. Chapter 17.70 (Site Plan Review); e. Chapter 17.72 (Coastal Permit Process); and f. Chapter 17.76 (Grading Ordinance); (3) Direct Staff to prepare the Preserve Access Protocol (PAP) for the City Council adoption at a future duly-noticed public meeting; and (4) Authorize Staff to record the NCCP/HCP-required conservation easements for the Preserve properties. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None 2. Consideration and possible action to certify the updated Final Environmental Impact Report (Final EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions and to introduce an ordinance revising the City’s Landslide Moratorium Ordinance to allow for the residential development of 31 undeveloped lots in Zone 2 City Clerk Colborn reported that notice of the public hearing was duly published, late correspondence was received and distributed prior to the meeting, and there were requests to speak. Mayor Duhovic declared the public hearing open. Octavio Silva, Senior Planner, presented a brief staff report and PowerPoint presentation and introduced Joe Power, Environmental Consultant with Rincon Consulting. The following members of the public addressed the City Council: Gordon Leon, Jeremy Davies, Maria Gutierrez, Dennis Gaveluer, Leanne Tidwell, Neil Siegel, Robyn Friend, Robert Bacon, Mike Chiles, Jennifer Mendoca, Mike Nopper, Peter Nopper, Jim Knight, Suzanne Griffith, Steve Goldburg, Jesus Gutierrez, and Pat Hirata. With no other requests to speak, Mayor Duhovic declared the public hearing closed. DRAFT - City Council Minutes November 19, 2019 Page 8 of 10 Mayor Duhovic moved to extend the meeting to 10:45 P.M. Without objection, Mayor Duhovic so ordered. Discussion ensued among Council Members and Staff. Mayor Duhovic moved, seconded by Councilwoman Brooks, to (1) Adopt Resolution No. 2019-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING AN ENVIRONMENTAL IMPACT REPORT; MAKING CERTAIN ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR PLANNING CASE NO. PLCA2018-0004 (CODE AMENDMENT) FOR AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL AMENDING EXCEPTION CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31 UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE MORATORIUM AREA, as amended; (2) Introduce Ordinance No. 631, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO AMEND EXCEPTION CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT 31 UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE MORATORIUM AREA, as amended; and (3) Both the resolution and ordinance `will include the proposed amended language (where applicable) presented by Staff and the suggestions offered by Mayor Pro Tem Cruikshank will be included in the final Environmental Impact Report and Mitigation Monitoring and Reporting Program. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic moved to extend the meeting to 11:20 P.M. Without objection, Mayor Duhovic so ordered. 3. Consideration and possible action to recover costs associated with the City’s abatement of property as a special assessment, in the form of a lien, on the property located at 4405 Miraleste Drive City Clerk Colborn reported that notice of the public hearing was duly published and no written protest was received. Councilwoman Brooks moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. DRAFT - City Council Minutes November 19, 2019 Page 9 of 10 Mayor Duhovic declared the public hearing open. W ith no requests to speak, Mayor Duhovic declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to adopt Resolution No. 2019-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS AND AUTHORIZING A LIEN FOR RECOVERING NUISANCE ABATEMENT COSTS TO BE PLACED ON THE SUBJECT PROPERTY LOCATED AT 4405 MIRALESTE DRIVE (APN 7561-024-002) The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None REGULAR BUSINESS: 4. Consideration and possible action to approve a proposal from the Palos Verdes Peninsula Land Conservancy for a grant of up to $307,200 for removing acacia plants and mowing dry brush (including mustard) and grasses in the Palos Verdes Nature Preserve City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were requests to speak. Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. The following members of the public addressed the City Council: Adrienne Mohan, PVPLC Executive Director, Noel Park, Barbara Sattler, Al Sattler, and Eva Cicoria. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to (1) Receive and file the grant request from the Palos Verdes Peninsula Land Conservancy; (2) Approve a grant of $307,200 for removing acacia plants and mowing dry brush (including mustard plants) and grasses in the Palos Verdes Nature Preserve; (3) Authorize an additional appropriation of $307,200 for the requested grant; and (4) direct Staff to work with the Conservancy to prepare a comprehensive fuel modification plan and total cost estimate. The motion passed on the following roll call vote: DRAFT - City Council Minutes November 19, 2019 Page 10 of 10 AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 11:24 P.M., Mayor Duhovic adjourned to 6:00 P.M. on December 3, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. /s/ John Cruikshank Mayor Pro Tem Attest: /s/ Emily Colborn City Clerk From: Sent: To: Cc: Subject: Attachments: Katie Lozano Tuesday, November 19,2019 12:25 PM CityCierk Ara Mihranian; Cory Linder NCCP/HCP and Staff Report Edits Submitted through Late Correspondence NCCP-HCP Edits Late Corr.docx Staff would like to submit these changes to the NCCP/HCP and staff report as late correspondence. Thank you, Katie 1 I DRAFT - City Council Minutes November 19, 2019 Attachment No. 1 Page 1 of 5 Staff is submitting these four changes/corrections to the NCCP/HCP and staff report into the record. 1. References to Sections of the Municipal Code in the staff report and Section 6 of the NCCP/HCP will be corrected using the following updated reference numbers: • Title 8: Fire Code • Section 17.70: Site Plan Review • Section 17.72: Coastal Permit Process • Section 17.76: Grading Ordinance 2. After the City Council approved the draft NCCP/HCP in March 2018, staff made a change to the first bullet under Section 5.4.1 in response to a public comment. The underlined text was removed. However, subsequently, staff realized that the text better communicated the intent of the content without the modification. Staff is recommending that the language in the first bullet under Section 5.4.1 remain unchanged, and the same as was approved by the City Council in 2018. Below is the language that will remain under the first bullet under Section 5.4.1 (Operation and Maintenance). • Landslide abatement and monitoring activities that do not result in the loss of Covered Species and/or habitat. The regular maintenance and repair of existing drainage facilities and Existing Preserve Roads or trails that accommodate authorized vehicles within the Preserve that do not result in the loss of Covered Species and/or their habitat. 3. The last 2 paragraphs of NCCP/HCP Section 5.3.1 have been modified as shown below in tracked changes for further clarification. (deleted text shown as red and strike-through and added text shown as red and underlined) • 5.3.1 Lower Filiorum Development The Lower Filiorum property, also known as the Point View property, is 95 acres and zoned single-family residential. Approximately 46.82 acres of the property are located outside the City's Landslide Moratorium Area (LMA) and approximately 48.18 are located within the LMA. The property is located within a portion of the plan area that is considered essential for NCCP/HCP purposes to maintain Preserve connectivity and was identified as a Regionally Important Habitat Linkage during Preserve planning and design (EIR 2004). The width and the amount of area required for the creation of functional corridors/linkages generally depends on many factors, including the target species, surrounding land use and potential for detrimental edge effects, length of the corridor, and 2 corridor habitat quality. Recommended corridor widths can range from 100-300 feet for plants and invertebrates, 200 feet to 1 mile for sensitive interior bird species, to greater than 3 miles for larger predators (Bentrup 2008). In coastal southern California NCCP planning, regional corridors are routinely planned to have a minimum width of 1,000 feet (Bond 2003, MSCP 1997); however, such corridor planning is also intended to provide for movement of larger mammals, such as mule deer (Odocoileus hemionus) and mountain lion (Puma concolor), which are not DRAFT - City Council Minutes November 19, 2019 Attachment No. 1 Page 2 of 5 considered in this NCCP/HCP. Given the composition of species expected to occur within the plan area and the wildlife species identified for coverage under the NCCP/HCP, a 300-foot live-in corridor through the lower Filiorum property is expected to be sufficient to maintain Preserve connectivity and viable populations of covered species and other common local fauna. The City-approved 2004 NCCP/HCP identified and required a 300-foot-wide, live-in wildlife movement corridor be established along the eastern side of the property within the lMA. The corridor to be conserved was part of an identified 40-acre conservation obligation for developing the 95-acre Point View property. In 2003, the Point View property was reported to be comprised of 70 acres of non-native grassland, 2.5 acres of coastal sage scrub (CSS}, 9.4 acres of disturbed CSS, 6.9 acres of exotic woodland, and 5.2 acres of disturbed vegetation (NRC 2003). The required minimum of 40 acres of dedicated Preserve included 1.5 acres to be provided as mitigation for previous unauthorized brush clearing activities and 38.5 acres of mitigation for CSS and grassland losses resulting from anticipated future development of the 95-acre lower Filiorum parcel. Since 2004, the property owner proposed, and the City approved in 2012, developmentl in the eastern portions of the lower Filiorum property. This included approval to convert 25.5 acres of the property to agricultural use, which required payment of $97,800 to the City; however, no contribution to the wildlife corridor was established as part of the City's approval. Although the project approval did not preclude the ability to establish a live-in wildlife corridor elsewhere through the lower Filiorum property, the development of agriculture, a golf course, and the event garden substantially reduces opportunities to establish the wildlife corridor that was expected to be largely contained within the boundaries of the lMA. Development of the area originally identified for a corridor, along the eastern side of the property in the lMA, results in the need to establish a wildlife corridor in an alternate location on the property to ensure functional Preserve connectivity and meet the requirements of a NCCP. Due to the importance of the lower Filiorum property as a regional linkage, specific conservation goals and standards continue to apply under this NCCP/HCP. These include establishing a functional, live-in wildlife movement corridor that maintains a minimum 300-foot width and connects the Upper Filiorum Reserve to the Abalone Cove Reserve. Establishing this corridor will require conserving approximately 58 percent of the remaining undeveloped 69.5 acres of the property in a contiguous configuration. This would still allow for approximately 42 percent development of the property that was not addressed in the 2012 approval, provided that the development is consistent with and does not compromise the NCCP/HCP's conservation goals and standards. Most importantly, future development could not preclude establishment of the 300-foot-wide wildlife corridor for the City to still meet the requirements of the NCCP/HCP. The final configuration of the wildlife corridor will be established through future discussions between the landowner, the City, and the Wildlife Agencies. The local fire authority will also need to sign off on a final design. For the purposes of the DRAFT - City Council Minutes November 19, 2019 Attachment No. 1 Page 3 of 5 NCCP/HCP, any type of man-made improvement, including agricultural land use and/or a golf course, is considered development and would not count toward the necessary on-site conservation or be acceptable for use as a live-in corridor. These unnatural landscapes fail to provide the necessary resources for Covered Species to successfully complete all life stages, including, but not limited to, breeding, nesting, fledging, egg laying, and pupation. Sensitive species such as the gnatcatcher are not commonly observed in human modified habitats (Crooks eta/. 2001), making it necessary for the corridor to be comprised of native or naturalized vegetation (i.e., non-native grasses). If agricultural fields or other existing improvements are abandoned and restored to natural habitat, they can be counted toward the conservation and corridor requirement if those acres are arranged in an appropriate overall configuration. The conservation requirement outlined in the preceding paragraph will be established on the Lower Filiorum property through mitigating for future development impacts on site and/or through acquisition of the property by the City or PVPLC. Mitigation will occur on site and contribute to the conservation and corridor requirement due to the Lower Filiorum property's essential role as a movement corridor for Covered Species. As indicated previously, the remainder of the Preserve has been assembled and connectivity through the Lower Filiorum property is the lone remaining, but essential, component for the NCCP/HCP and the Preserve conservation and connectivity goals. Future development on the property will negatively impact covered species' movement through the Preserve, creating greater impacts than development in other portions of the Plan Area. To maintain connectivity and offset impacts, if a portion of the remaining 69.5 acres of open space on the property is proposed for development, a prorata share at a 1.4:1 ratio (conservation:development) will be required to be conserved prior to initiation of construction activities. Mitigation will occur on site and contribute to the 58 percent conservation and corridor requirement due to the Lower Filiorum property's role as a key species movement corridor. The mitigation ratios for the aggregate native grassland, non-native grasslands, and for CSS are comparable to other Private Projects in the Plan Area and NCCP/HCPs. The mitigation ratio required for impacts to habitat is consistent with other NCCP/HCPs and is necessary due to the impacts of Covered Species that use habitat on the property directly or indirectly through loss and fragmentation of habitat. In the event the above referenced conservation goals for the required a wildlife movement corridor (afMI 58 percent conservation of the remaining undeveloped 69.5 acres ) re~yiren:~eRt have been met through acquisition of property er etl:ler dediGatieRs eR tl:le preperty, impacts on the balance of the property prejeGt in:~paGts GaR may be mitigated through payment into the City's in-lieu fee program. Any required fuel modification for future projects shall not encroach into the conserved area; therefore, the corridor location/design will need to be coordinated with the local fire authority. 4. The fuel modification map (Figure 5-1 below) will be modified in the NCCP/HCP to reflect fuel modification along Vanderlip Drive in the area encircled. The City will work with the L.A. County DRAFT - City Council Minutes November 19, 2019 Attachment No. 1 Page 4 of 5 Fire Department and the L.A. County Agricultural Commissioners Office to establish the appropriate fuel modification fo r this area . logond .FutiMOdNM NCCP Presave 0 Subarea Plan Bouridory L"]Jurisdktiooal s-d«y •• .,. (.~ '·- '· Fed -------- Brush Managemen t in Preserve for Fire Preventio n Purposes FIGURE []]] DRAFT - City Council Minutes November 19, 2019 Attachment No. 1 Page 5 of 5