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CC MINS 20100518 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 18, 2010 The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:05 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Long, Misetich, Stern, and Mayor Wolowicz ABSENT: None Also present were Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Tom Odom, Interim Director of Recreation and Parks; Eric Mausser, Human Resources Manager; Ara Mihranian, Principal Planner; Nicole Jules, Senior Engineer; So Kim, Assistant Planner; Katie Howe, Administrative Analyst II; Teri Takaoka, Deputy City Clerk; and, Carla Morreale, City Clerk. Also present were the following: Shiri Klima, Attorney, Richards, Watson & Gershon; Jim Lancaster, City Geologist, Zeiser-Kling Associates; and Bill Gerstner, Chair, Planning Commission. FLAG SALUTE: The Flag Salute was led by Deputy City Manager Petru. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz introduced the following speaker: Kay Finer, Executive Director of the Palos Verdes Chamber of Commerce who made an announcement regarding the upcoming Palos Verdes Street Faire and Music Festival on June 12-13, 2010. Mayor Wolowicz announced the restaurants in the City of Rancho Palos Verdes that have received certification as part of the Clean Bay Program Recognition for Businesses. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the May 4, 2010 City Council meeting: Annie Larson and Sam Sumich. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. City Council Minutes May 18, 2010 Page 1 of 13 APPROVAL OF THE AGENDA: Councilman Stern moved, seconded by Councilman Misetich, to approve the agenda, as amended, with Item No. 8 (Residential Development Standards Steering Committee Code Amendment and Zone Change) to follow after Item No. 11 (2010 Salary Survey). Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: Bernie Slotnick, Rancho Palos Verdes, stated that he attended one of the Community Workshops regarding the design of Grandview Park. He suggested the following for that site: access, pedestrians, and the handicapped; chemical process for maintenance of the restrooms; solar power generated restrooms; security cameras; improvement of trails; and planting of native habitat. He noted that Grandview Park was too small for a dog park and that there were drainage issues at the site. Anne Miyamura, Rancho Palos Verdes, stated she has the following concerns regarding the development of Lower Hesse and Grandview Parks: funding options for the development and maintenance of the parks; traffic issues at the busy intersections near both sites; and, potential noise generated from the dog parks. Susan Brooks, Mira Catalina Homeowners Association (HOA), Rancho Palos Verdes, stated that she has concerns regarding the San Ramon Landslide and Palos Verdes Drive East. She suggested that the Council impose a quasi moratorium on any building and grading in the area surrounding the San Ramon Landslide area. CITY MANAGER REPORT: Deputy City Manager Carolynn Petru announced that EDCO Trash Disposal Company will be distributing fliers through the mail regarding area collection days and conducting a public workshop on May 22, 2010 at 9:00 A.M. at Miraleste Intermediate School regarding the new trash hauling services to begin on July 1, 2010. Mayor Pro Tem Long reported that the City's Budget Workshop will be held on May 22, 2010 at 7:00 A.M. at Hesse Park. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Deputy City Clerk Takaoka reported that there were five requests to speak regarding Item No. 3 (Appeal of the Marymount College Facilities Expansion Project). City Council Minutes May 18, 2010 Page 2 of 13 Mayor Pro Tern Long moved, seconded by Councilman Misetich, to approve the Consent Calendar, with Item No. 3 removed from the Consent Calendar, as amended, to follow immediately after the approval of the Consent Calendar. Mayor Wolowicz requested that Item No. 4 (Turn Restrictions and Traffic Improvements on Palos Verdes Drive West and Hawthorne Blvd.) be modified to include a 6 month review by staff to assess if any additional measures are necessary with a status report to be brought back to the City Council. Mayor Pro Tern Long restated his motion, seconded by Councilman Misetich, to approve the Consent Calendar, with Item No. 3 removed from the Consent Calendar, to follow immediately after the approval of the Consent Calendar, and Item No. 4 to include a 6 month review and report as specified by Mayor Wolowicz. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None 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. Approval of the Minutes Approved the Minutes of the April 20, 2010 Regular Meeting, and the April 24, 2010 Adjourned Regular Meeting. Appeal of the Marymount College Facilities Expansion Project (Case No. ZON2003-00317) / 30800 Palos Verdes Drive East This item was removed from the Consent Calendar for separate consideration. Turn Restrictions and Traffic Improvements on Palos Verdes Drive West and Hawthorne Boulevard 1) ADOPTED RESOLUTION NO. 2010-32, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING TURNING REGULATIONS ON PALOS VERDES DRIVE WEST AT HAWTHORNE BOULEVARD; and, 2) Directed staff to monitor the program for 6 months and provide a status report to Council. Citywide Landscaping and Lighting Maintenance District City Council Minutes May 18, 2010 Page 3 of 13 1) ADOPTED RESOLUTION NO. 2010-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2010-2011 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS & HIGHWAYS CODE; 2) ADOPTED RESOLUTION NO. 2010-34, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2010-2011; and, 3) ADOPTED RESOLUTION NO. 2010-35, A RESOLUTION OF THE CIY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2010-2011 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS & HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. License Agreement with EDCO Disposal Corporation Authorized the Mayor and City Clerk to execute a license Agreement with EDCO Disposal Corporation for the temporary use of a portion of the City Yard facility. Register of Demands ADOPTED RESOLUTION NO. 2010-36, 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. PUBLIC COMMENTS: (Continued) Dr. Susan Liberati, Assistant Superintendent, Palos Verdes Peninsula Unified School District (PVPUSD), announced that people who are employed in the City of Rancho Palos Verdes for a minimum of 15 hours a week are eligible to apply to enroll their children in the PVPUSD pursuant to the Allen Bill. ITEM REMOVED FROM THE CONSENT CALENDAR: Appeal of the Marymount College Facilities Expansion Project (Case No. ZON2003-00317) / 30800 Palos Verdes Drive East Director of Community Development Rojas provided a brief introduction to the item. He noted that suggested changes had been submitted by representatives of Marymount City Council Minutes May 18, 2010 Page 4 of 13 College and a subsequent memorandum prepared by staff to highlight the changes staff agreed with and those with which staff was not in agreement; he noted this memorandum was included in the late correspondence distributed prior to the meeting regarding this item. Council and staff discussion ensued regarding several aspects of the project including the conditions of approval and the following items: suggested modifications to the Resolutions for purposes of clarity only; the decision before Council to either approve or not approve the Resolution reflecting the Council's decisions at the March 31, 2010 and May 18, 2010 meetings; estimated cost for the median barrier; construction phasing time and project schedule; use of amplified sound for outdoor events; setting up a mock-up of lighting fixtures; global climate change; and the use of temporary modular buildings. Don Davis, attorney for Marymount College, Burke, Williams and Sorensen, stated that the construction activity condition imposed by the Council was a non-standard condition and the temporary construction modular buildings would be located on site during Construction Phase One. He noted that the College was comfortable with the revision regarding the mock-up of the lighting fixtures as clarified. Discussion ensued between Council, the applicant, and staff. Lois Karp, Concerned Citizen's Coalition/Marymount Expansion (CCC/ME), Rancho Palos Verdes, stated that CCC/ME and the neighbors desired a shorter construction time period for the project with construction hours from 7:00 A.M. to 7:00 P.M. six days a week; and noted that CCC/ME has requested a Gant Chart and Phasing Chart and has not received them. She stated that she had not had time to review the 197 pages of changes regarding the project that were distributed as part of the late correspondence this evening and expressed concern that some of the suggested changes did not reflect the decisions as approved by the City Council and did not give the public adequate time to respond. Tom Redfield, (CCC/ME), Rancho Palos Verdes, stated that there were many unanswered questions and expressed concern regarding the project since the additional late correspondence materials were distributed two hours before the meeting. James Gordon, (CCC/ME), Rancho Palos Verdes, opined that the Gant Chart at Exhibit 3-8 in the Draft Environmental Impact Report (EIR) illustrates that 3 or 4 months of work will be spread over a 28 month period, and inquired about the $200,000 contribution towards the median barrier to be made by Marymount College. George Zugsmith, (CCC/ME), Rancho Palos Verdes, stated that he was concerned regarding the possibility of decisions to be made this evening regarding the 197 pages of late correspondence that was distributed prior to the meeting. City Council Minutes May 18, 2010 Page 5 of 13 Mark Wells, Rancho Palos Verdes, thanked all who have worked on the project for the last ten years, and stated that the resolutions should be adopted as written. Susan Brooks, Mira Catalina HOA, Rancho Palos Verdes, expressed concerns regarding the Marymount project due to potential geological issues. Community Development Director Rojas stated that the resolution that staff provided in the agenda packet reflected the record and actions of the Council. He reported that staff had received a letter from Marymount College with the suggested changes, all of which could be rejected if City Council so chooses, except for the language regarding the Green House Gases, which the City Attorney noted had been inadvertently left out of the document. City Attorney Lynch added that the Council decisions for the most part affirmed the Planning Commission's decisions, with a few minor modifications, and noted that the Council Resolutions were largely modeled after the Planning Commission Resolutions for that reason. She continued to explain that the language could always be improved upon, but with the exception of the Green House Gas issue, the Council could decide to adopt the original resolutions. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to adopt the resolutions as presented by staff, without any of the suggested changes by Marymount College, except as it relates to the Green House Gas Emissions; reject all changes proposed by Marymount College to the Conditions of Approval; and incorporate into the project conditions the new language regarding the lighting fixture mock-ups as read into the record by the Community Development Director. Community Development Director Rojas stated that the new language would be the following: "Prior to the installation of any onsite lighting for the parking lots and walkways, one illuminated mock-up of each type of light fixture that will be used for the parking lots and walkways, shall be set up for review and approval by the Community Development Director to ensure compliance with the Municipal Code. The applicant shall make any adjustments to the light fixture determined by the Director necessary to prevent the fixture from being excessively bright or creating other adverse impacts. Council discussion ensued. Mr. Davis stated that 80% of the information in the letter consists of an attempt to correct the record so it accurately reflects the action taken regarding the CEQA issues. Dr. Michael Brophy suggested that the Council take the time to review the changes proposed by Marymount College and not rush to judgment to approve what may be a flawed document. Discussion ensued between the Council, staff, and applicant. City Council Minutes May 18, 2010 Page 6 of 13 Mayor Pro Tern Long withdrew his motion. Mrs. Karp stated that she was in favor of the motion that was on the table. She noted that Mr. Davis stated that all of the changes as suggested by Marymount College have been in the record since February, and she inquired why there were changes being proposed this evening. She stated the resolutions on the Consent Calendar should be approved. City Attorney Lynch stated that Mr. Davis' suggestions about incorporations and clarifications from Appendix D, which was before the City Council, has superseded Appendix A with respect to the traffic, parking, climate change, and several other issues. She noted that the resolutions distributed as part of late correspondence are better resolutions than those in the packet. Councilman Stern moved, seconded by Councilman Misetich, to continue this item to June 1, 2010 and directed staff to finalize the resolutions only to the extent necessary to make them better documents in terms of documenting the record, and clarifying conditions of approval, which includes rejecting all changes to the conditions proposed by Marymount with the exception of the light fixture mock-up and changes regarding insurance and indemnification. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 9:36 P.M. to 9:42 P.M. # # # # # # PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: Mayor Wolowicz moved, seconded by Councilman Stern, to move Item No. 11 (2010 Salary Survey) to the May 22, 2010 Council Meeting, and the following agenda items to the June 1, 2010 Council Meeting: Item No. 8 (Residential Development Standards Steering Committee Code Amendment and Zone Change); Item No. 12 (Floor Area Ratios); and Item No. 13 (View Restoration Height Variation Permits). Without objection, Mayor Wolowicz so ordered. City Attorney Lynch requested that the Mayor open the Public Hearing for Item No. 8 (Residential Development Standards Steering Committee Code Amendment and Zone Change) to see if there were any requests to speak on that item. City Council Minutes May 18, 2010 Page 7 of 13 PUBLIC HEARINGS: Planning Case No. ZON2003-00377 (Code Amendment, Zone Change and Environmental Assessment): Residential Development Standards Steering Committee Code Amendment and Zone Change [Citywide] City Clerk Morreale reported that this public hearing was continued from May 4, 2010 and that there was one request to speak on the item. Bizhan Khaleeli, stated that he would be present at the June 1, 2010 Council Meeting to speak regarding the item. Councilman Stern moved, seconded by Councilman Misetich, to continue Item No. 8 to June 1, 2010. Without objection, Mayor Wolowicz so ordered. Appeal of the Planning Commission's Approval of a New Residence at 27001/2 San Ramon Drive City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, and there were nine requests to speak on the item. Assistant Planner Kim provided a brief staff report and PowerPoint presentation regarding the construction of a proposed two-story single family residence on San Ramon Drive. Discussion ensued between Council, staff and the City Geologist Jim Lancaster. Mayor Wolowicz declared the public hearing open. David Bence, attorney representing the appellants, Rancho Palos Verdes, stated that when San Ramon Drive was originally developed, this particular lot was not developed. He stated that the reason for the appeal was that there were many unanswered and serious safety concerns regarding the current project including geotechnical issues, since the project site sits on top of the South Shores Landslide and near the Tarapaca Landslide. He opined that the area may not be able to support the proposed retaining walls and raised issues regarding the driveway, drainage, construction impacts, grading and stability. Sara Dokter, Rancho Palos Verdes, stated that she had concerns with the following: current land movement at the location; location of the fire hydrant; steep grade; and retaining walls. City Council Minutes May 18, 2010 Page 8 of 13 Mark Matthews, Rancho Palos Verdes, thanked the Council for listening to the concerns of the residents regarding this project. John Maloney, architect representing the applicant Dr. Thompson, stated that the three appellants are concerned regarding the loss of free access to Dr. Thompson's private property once it is developed. He stated that the adjacent owner had signed an agreement to maintain the easement and knew there was a home to be built on the site. He reported that there is a utility pole that bisects the property line allowing access to the driveway, but noted that a tree and mail box would have to be removed. He stated that the owner has hired an experienced geotechnical engineer who said that there will be no adverse affects on the geologic stability of properties outside of the subject site. He noted the following proposed items for the project: a fire-proof concrete house with fire sprinklers; a turn around for vehicular access; two proposed fire hydrants (one to be located on the cul-de-sac); a 246 foot long fireproof fence; drought tolerant landscaping; and a drainage plan which will take water down to the bottom of the canyon. Cathrene Glick, representative of adjacent homeowners, engineering geologist and hydro-geologist American Geotechnical, Yorba Linda, stated that she had concerns that the geotechnical consultant has not been tasked with the earthwork and development planning review considerations where there is land movement or concerns and how the proposed development will affect the overall property and South Shores Landslide. She noted that the geotechnical report indicates the building of the keyway will cause encroachment onto City property. Councilman Misetich left the meeting at 10:49 P.M. William Gerstner, Chair, Planning Commission, Rancho Palos Verdes stated that the structural engineering of the project will be reviewed at some point in the process and noted that each of the four homes at the location each have a percentage of the shared increased risk of the area. Douglas Abernathy, representative of adjacent homeowners, geotechnical engineer, American Geotechnical, Yorba Linda, stated that Rancho Palos Verdes is familiar with landslides and opined that the City should study the South Shores Landslide before loading up the head scarp of the landslide and allowing concentrated drainage to enter the canyon. He stated that there should be additional site borings at the project location, additional slope stability analysis, and review of proposed pilings which will be holding up vertical cut. Susan Brooks, Rancho Palos Verdes, stated that something has to be done about the Monks' lawsuit because the City is operating by fear when other projects of this nature arise. She stated that there should be a comprehensive slope stability analysis since there are clear concerns regarding the grading plan for this project and noted the Fire Department should review the fire hydrant issue again. City Council Minutes May 18, 2010 Page 9 of 13 Gregory Lash, Rancho Palos Verdes, stated that he has concerns with the following: expansion and construction around the San Ramon and Tarapaca canyons; geology of the landslide areas; and additional borings for the project site. Sam Van Wagner, Rancho Palos Verdes, stated that he supported the appeal, noting that all of his points had been previously articulated. Discussion ensued between Council, City Geologist Lancaster, and staff. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:36 P.M. to 11:46 P.M. Ms. Doktor, in rebuttal, stated that in 1962 when the lot was split she believed that a structure could not be built on the remainder parcel of the lot since the setbacks were not the required 20 feet in distance. She inquired if there would be adequate water pressure once the proposed project was built, and who would be responsible for her home and her property when the project was constructed. Mr. Bence, in rebuttal, stated that this lot was dangerous in its positioning compared to many other lots due to the close proximity of San Ramon Canyon and South Shores Landslide, and he noted that the situation needs to be analyzed carefully to determine where the terminus of the head scarp of the South Shores Landslide is located to determine the slope stability. Mr. Maloney, in rebuttal, stated he had nothing to add to his initial comments. In response to Council's question, he explained that there are numerous steps regarding geology and investigations to be performed in the process of the development of the project; and noted that there will be verification points by engineers and City staff all along the way. Mayor Wolowicz declared the public hearing closed. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendation to: ADOPT RESOLUTION NO. 2010-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL FILED BY THREE SEPARATE PROPERTY OWNERS, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE A SITE PLAN REVIEW AND GRADING PERMIT, TO ALLOW DEVELOPMENT OF A VACANT LOT WITH A NEW 3,463 SQUARE-FOOT, TWO- STORY RESIDENCE AT 2700 %/2 SAN RAMON (Case No. ZON2009-00396) The motion passed on the following roll call vote: AYES: Campbell, Long, Stern, and Mayor Wolowicz NOES: None City Council Minutes May 18, 2010 Page 10 of 13 ABSENT: Misetich RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 12:05 A.M. to 12:09 A.M. REGULAR NEW BUSINESS: Palos Verdes Nature Preserve Nighttime Use Administrative Analyst Howe provided a brief staff report and PowerPoint presentation regarding the proposal to allow limited nighttime hiking in the Palos Verdes Nature Preserve. Discussion ensued between Council and staff. Bill Gerstner, Rancho Palos Verdes, stated that staff and the Sierra Club have worked well together. He reported that Sierra Club Members have suggestions regarding the use of the Preserve which would work better for their organization since they have been hiking on the Peninsula since the 1970s. Barry Bonnickson, Palos Verdes/South Bay Sierra Club, San Pedro, provided background information regarding the Sierra Club; past use of the Palos Verdes Nature Preserve; and the value that the Sierra Club hikes add to the City of Rancho Palos Verdes, including neighborhood watch activities, the August 27, 2009 report of the Portuguese Bend fire by a Sierra Club hiker, and the Sierra Club watchful eye over abuse that could take place during the nighttime. Frances Dozier, Palos Verdes/South Bay Sierra Club, Torrance, stated that she participates in the nighttime hikes and noted that she would like the Palos Verdes Nature Preserve to remain open for public use. Steven Morris, Torrance, stated that he has attended weekly hikes with the Sierra Club for the last three years and noted that the Sierra Club has always been very respectful of its surroundings. He noted that he has taken his college students out on nighttime "star parties" to view the nature around them that they have never before experienced. He asked that the Council not add any impediments to those that already exist. Judy Shane, Redondo Beach, stated that Sierra Club Members have respect for the environment and desire to foster in others respect and appreciation of the environment around them. Akram Baluch, Rancho Palos Verdes, stated that he hikes with the Sierra Club since his retirement and encouraged the City to continue to allow the Sierra Club access to the Palos Verdes Nature Preserve. City Council Minutes May 18, 2010 Page 11 of 13 Emile Fiesler, stated that he is an active hiker and a passionate naturalist and environmentalist. He commented that it is common knowledge that regular exercise is essential for good health, including walking and hiking several times a week, noting that nature hikes are preferred over the use of a treadmill. Gene Vitkus, Rancho Palos Verdes, stated that he has hiked with both the Palos Verdes Peninsula Land Conservancy and the Sierra Club, noting that the Sierra Club hikes are more focused on fitness. He encouraged the City to allow continued public access to the Preserve. Jerry Pupa, Redondo Beach, stated that he is a Sierra Club member and reported that the Sierra Club leaders are reasonable and logical, noting that the presence of Sierra Club members in the Preserve is an asset. Keith Martin, Pasadena, stated that he has been participating in the conditioning hikes since 1989 and is currently the Outings Chair for the Palos Verdes/South Bay Group. He stated that the leaders are competent, well-trained, and responsible and encouraged the City to allow the nighttime hikes as currently conducted. Jacques Monier, Torrance, stated that he has been a leader with the Sierra Club for over 25 years and has performed work over the years in maintaining the Preserve. He stated that the Sierra Club is capable of monitoring its activities because of its long- standing leadership, work, and use of the Preserve area. Discussion ensued between Council and staff. Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy, stated that she checked with the Department of Fish and Game and U.S. Fish and Wildlife regarding the nighttime use of the Preserve. She noted that lighting, if permanent, would be an issue, which is not being considered at all; the nighttime use of the Preserve would need to be incorporated into the Natural Community Conservation Plan (NCCP) document as a covered activity in the Preserve; and, there should be some type of limit to the nighttime use. Ms. Vona stated that it was up to each agency to determine the number of participants and hikes that should be allowed based on its resources, hours of operation, and administration. Jewel Johnson, Park Ranger, Mountain Recreation and Conservation Authority, stated that the recommendation by staff was very generous, and usually nighttime hikes are supervised by a naturalist or a volunteer. She suggested at the very least unsupervised groups need to indicate the following: 1) location of the group hike; 2) number of participants; and 3) the start and end times of the hike. She reported that the only nighttime activities in the Santa Monica Mountains is either through the camps led by staff or a Park Ranger; and full-moon hikes as determined by the National Park Service months in advance. She recommended setting boundaries or limitations for all public nighttime users of the Preserve. City Council Minutes May 18, 2010 Page 12 of 13 Mayor Pro Tern Long moved, seconded by Councilman Campbell, to approve the nighttime use of the Palos Verdes Nature Preserve with a total number of hikes limited to 20 per month, with no more than 12 hikes allotted to any single organization, and the requirement for organizations to provide the City with requested hike routes 72 hours in advance of the scheduled hike. The motion passed on the following roll call vote: AYES: Campbell, Long, Stern, and Mayor Wolowicz NOES: None ABSENT: Misetich CITY COUNCIL ORAL REPORTS: This item was deferred to the next meeting. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the one item discussed in Closed Session, the Council unanimously (5-0) moved to receive and file the report provided and took no action in the filing of an amicus brief regarding the Carpenteria case. ADJOURNMENT: At 1:15 A.M. on May 19, 2010, Mayor Wolowicz adjourned the meeting to Saturday, May 22, 2010 at 7:00 A.M. at Fred Hesse Community Park for an Adjourned Regular Meeting/Budget Workshop. 4MOP .dL. ' 14 . or Attest: &t&C/ City Clerk W:\City Council Minutes\2010\20100518 CC MINS.doc City Council Minutes May 18, 2010 Page 13 of 13