20240917 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
'{(<
CITY OF v,1RANCHO PALOS VERDES
I
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
SEPTEMBER 17, 2024
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No. Description of Material
Non-Agenda Emails from Julie Smalling and Amy Ablakat
Respectfully submitted,
L:\LATE CORRESPONDENCE\2024\2024 Coversheets\20240917 additions revisions to agenda.docx
From:
Sent:
To:
Subject:
fjsmalling@aol.com
Tuesday, September 17, 2024 12:4 7 PM
CityClerk
Comment for Tonight's Council Meeting
Please include my following comment for the City Council meeting tonight, September 17, 2024.
Regarding the $5 million from Janice Hahn for "Landslide Relief," I strongly urge the council
to disperse all of this money directly to the 200+ households who have had utility services
cancelled. Do not keep in for the city to spend.
Please accept Hahn's offer to assist with creating and managing a disbursement program. Any direct
payment to residents will be hugely appreciated and go a long way in earning faith/ gratitude/ positive
relationships between residents and our city government.
For simplicity, I suggest an even split of the funds to all the households but recognize that the actual
damage to homes varies greatly. However you chose to disperse will be better than nothing; just give
it to the residents.
FYI, I am not included in the homes without power & gas. I am not asking for this money. I am
advocating for my neighbors who are suffering greatly and not getting the assistance they desperately
need.
Julie Smalling
4232 Exultant Drive
fjsmalling@aol.com
31 0-541-1654
1
Enyssa Sisson
From:
Sent:
To:
Subject:
Attachments:
Teresa Takaoka
Tuesday, September 17, 2024 2:52 PM
Enyssa Sisson
FW: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029
Housing Element
Schmitz and Associates Letter to City of Rancho Palos Verdes 09.17.24.pdf
Teresa Takaoka
City Clerk
terit@rpvca.gov
Phone -(310) 544-5217
Address:
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA
90275
Website: www.rpvca.gov
This c·nrnil rncss,19c contains information bclongin9 to tr1e City of Rancho Palos Vonfos, v,hk:h rnay be privileged,
confldent:id, and/or protected from disclosure. The inforr11ation is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, 01 copyinq is s!rictly m01u,,t,v1 lfyou .received this 0rnaii in error,
r:::-an, not an intended recipient, please notify the :,ender irnn1ediat:ely. Thank you tor yow· as:,istanc.P and
rnopCT<ltion.
From: Amy Ablakat <aablakat@schmitzandassociates.net>
Sent: Tuesday, September 17, 2024 2:44 PM
To: CityClerk <CityClerk@rpvca.gov>
Cc: Scott Hoeft <shoeft@schmitzandassociates.net>; Don Schmitz <dons@schmitzandassociates.net>; Cindy Martin
<cm a rti n@schm itza nd associates. net>
Subject: Fw: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029 Housing Element
To Whom It May Concern,
Please see email correspondence below and attached letter sent to the City Council today.
Thank you,
Amy Ablakat
1
□ Amy
Project Team Manager, Schmitz and Associates
0747.300.6982
Oschmitzandassociates.com
Oaablakat@schmitzandassociates.net
028230 Agoura Rd. Suite 200. Agoura Hills. CA 91301
IMFOi/TANT · Tile contonls of lriis email and ,my ott2crm1ent;; are confidcnti2L They c,110 intended for llio namod 1ocip,onlb) only. 11 you have received this
email by rniswkc, ph,aso notify the sender i1nrnodiatdy and do not d:sC:oso thr, contents to anyone or moko copies thereof.
From: Amy Ablakat <aablakat@schmitzandassociates.net>
Sent: Tuesday, September 17, 2024 1:18 PM
To: john.cruikshank@rpvca.gov <john.cruikshank@rpvca.gov>; eric.alegria@rpvca.gov <eric.alegria@rpvca.gov>;
david.bradley@rpvca.gov <david.bradley@rpvca.gov>; barbara.ferraro@rpvca.gov <barbara.ferraro@rpvca.gov>
Cc: Scott Hoeft <shoeft@schmitzandassociates.net>; Don Schmitz <dons@schmitzandassociates.net>; Cindy Martin
<cmartin@schmitzandassociates.net>
Subject: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029 Housing Element
Dear Councilmembers,
I hope this message finds you well. Please find attached letter regarding the City's proposed amendments to the 2021-
2029 Housing Element. We would like to reiterate key concerns about the amendment presented to the City Council on
September 3, 2024.
We wish to emphasize that the City missed critical deadlines in the Housing Element process. Any further restructuring
of the plan may lead to additional delays, potentially extending the program's timeline by another year of more. This
would significantly exacerbate an already critical situation.
We appreciate your attention to this matter and look forward to your timely response and consideration.
Thank you,
Amy Ablakat
□ Project Team Manager, Schmitz and Associates
0 747.300.6982
0 schmitzandassociates.com
2
D aablakat@schmitzandassociates.net
D 28230 Agoura Rd. Suite 200. Agoura Hills, CA 91301
IMPO!? !ANT: Tl1e contents or this email and any at!i,cl1rmmt0 aro confidentioL They ore tntenrJed for 1110 namo,l recipient(s) only. If you flavo received this
email by mistake, plooso notify the sondor immodintoly rmd do not disc!o.so tho contents to anyone or rrwke copies thereof.
3
September 17, 2024
Mayor John Cruikshank
Mayor Pro Tern Eric Alegria
Council member David L. Bradley
Council member Barbara Ferraro
Council member Paul Seo
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Schmitz & Associates, Inc.
28230 Agoura Road, Suite 100
Agoura Hills, CA 91301
RE: City Council Meeting on September 17, 2024
Following our discussion with the California Department of Housing and Community Development (HCD)
regarding the City of Rancho Palos Verdes proposed Housing Element 2021-2029, we would like to
reiterate some points regarding the proposed amendments to the Housing Element, that went before
City Council on September 3, 2024. We are writing to stress that the City has lapsed in meeting the
deadlines for their housing element. Attempts to again restructure the plan could further delay the
program for another year or more, exacerbating an already critical situation.
Additionally, such delays could result in HCD determining the City is not in compliance, potentially
triggering the application of Builder's Remedy under California law, which could significantly alter the
City1s ability to control development projects. Builder's Remedy is a legal provision that becomes
applicable when a city of local government is out of compliance with California's housing element laws.
Under the Housing Accountability Act ( HAA), if a local jurisdiction fails to adopt a compliance housing
element as required under Regional Housing Needs Allocation (RHNA), developers may bypass local
zoning regulations to fast track housing projects that include a certain percentage of affordable housing.
Please note, Courts have upheld the remedy as a way to promote housing development when cities have
failed to meet their state-mandated housing obligations. Given the potential consequences, it is critical
that the City of Rancho Palos Verdes consider the following points and avoid further delays.
Concerns Regarding Timing of Local Coastal Plan Amendment and Extension
The City of Rancho Palos Verdes' 2021-2029 Housing Element, RHNA obligation, and related
Local Coastal Plan ( LCP) amendment request has been in process with the City of RPV for three years. It
requires Coastal Commission approval of the related LCP amendment, and has been pending with the
Commission for several months. Now Commission has extended the item for a full year, the maximum
time allowed pursuant to the Coastal Act. The City's Housing Element is already three years overdue,
and a full year extension should not have been necessary. According to email correspondences between
the City of Rancho Palos Verdes and Coastal Commission staff, the City requested an extension for the
amendment. This was not a directive that was initiated by Coastal staff. Please note that on May 3, 2024,
LCP amendment request no. LCP-5-RPV-24-0017-1 was deemed to be complete and in proper order for
filing pursuant to the requirements of Coastal Act section 30510 and Section 13 553 of Title 14 of
California Code Regulations.
Pursuant to Coastal Act section 30512(a) and 30514, an LUP amendment must be scheduled for a pL1blic
hearing and the Commission must take action within 90 working days of receipt of a cornplete submittal.
The 90 th day for this LUP amendment was September 11, 2024. Commission staff received a one-year
extension to September 11, 2025.
The City failed to substantially comply with State law from October 15, 2021, until June 12, 2024, when it
finally put forth a revised Element which the HCD found in compliance with statutory requirements. A
full year time extension will further deprive the public of an Element designed to increase housing stock.
Clustering Development on a Few Parcels Violates State Housing Laws
Please note that the removal of certain sites, specifically Site #16 (APN#7573-006·
024)(Southeast of Clipper Road and Palos Verdes Drive), means there will be no opportunity sites
proposed south of Palos Verdes Drive and eliminates ALL SITES PROPOSED IN THE COASTAL ZONE. The
area in Yellow on the map represents the Coastal Zone.
All Coast
The ONLY coiH,tal
site (APN 7573-
006-024), south
P.nlos Verdes Dr1
is proposed to b-,
eliminated.
All RHNA
opportunities
are proposed
removed [] Coastal Zone
The Proposed Housing Element Revisions violate: AB 686 and HU D's Affirmatively Furthering Fair
Housing (AFFH), and the California Coastal Act Section 30604(h)
• The Clipper parcel, Site #16 (APN#7573-006-024)(Southeast of Clipper Road and Palos Verdes
Drive) should remain on the site inventory list to comply with AB 686, Fair Housing Act and
Coastal Act Section 30604 (h),
• Assembly Bill 686 -prohibits local governments from segregating or concentrating
affordable housing to a few neighborhoods. Yet, the City is trying to eliminate the only
site in the Coastal Zone, pushing opportunity sites away from the coast.
• The Fair Housing Act aka "Affirmatively Furthering Fair Housing" ("AFFH") -requires
Cities to eliminate segregation and foster inclusive communities. This requires including
sites within the coastal zone. The City attorney opined at the last hearing that this is an
issue.
• The California Coastal Act, Section 30604(h) -requires Cities to consider "Environmental
Justice" to ensure fair treatment and equitable distribution of environmental benefits,
such as access to the Coast.
• It is not a show of good faith for the City to focus on eliminating above-moderate RHNA units
because they are the most likely to go forward.
• The Clipper site, Site #16 (APN#7573-006-024)(Southeast of Clipper Road and Palos Verdes
Drive) has an actual project in the design phase, there have been multiple conversations and
meetings with the City, and it should not be removed from the site inventory list.
Please ensure that these considerations are taken into account as the City moves forward with the
appropriate Housing Element process, The City is already behind in meeting its current housing
element requirements. Amending atthis stage and removing the Clipper site will likely lead to further
delays in addressing housing needs of the community. It is crucial that the City avoid any actions that
could prolong the process and instead focus on meeting existing housing obligations.
Sincerely Yours,
Don Schmitz
Schmitz and Associates, Inc.