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20170307 Late CorrespondenceMarch 7, 2017 Mayor Campbell, Mayor ProTem Duhovic, and Councilmembers Brooks, Dyda, and Misetich I am in complete agreement with Eva Cicoria's letter on vehicle access in the Preserve. I want to enlarge on a couple of points: 1. First, a little history that some are not familiar with. The acquisition of the PV Nature Pre- serve was made possible through procurement of LA County and State bonds which were specifically stated for the acquisition of 'critical natural lands and wildlife habitat.' We had to prove that. Those funds covered more than 85% of the total cost. In addition, donations from the local community mounted to 15% of the total cost. The voters and local donors agreed to the commitment that the funds were for the purchase of critical open space and should be managed as such; not as an urban park with 4 to 6 foot wide jeep roads that will grow in width due to parking, passing, and the like. The property possesses wildlife and habitat of great importance: the Coastal Sage Scrub Habitat provides a high quality envi- ronment for the CA Gnatcatcher, Coastal Cactus Wren, El Segundo BlueButterfly, and Pa- los Verdes Blue Butterfly. Preserve visitors cherish the songs of birds, the solitude, walking on winding narrow trails and the feeling of being close to nature. 2. Second, I agree to limiting vehicle access to essential needs and NOT for convenience & ease of operation. I disagree that a roadway is required for public safety & to handle emer- gencies. A problem could arise anywhere. For example, back in 2005 or thereabouts, a woman on a PV Nature Walk badly sprained her ankle on Rim Trail. Bad spot and difficult to retrieve her even on foot. So a helicopter was brought in, dropped down on one rail, the woman & her basket stretcher were tied to the helicopter. She was flown up to Del Cerro, downloaded to an ambulance and off to the hospital. Very efficient and very clean and no vehicles were used on the trail. Also if the sheriffs were to chase after a recalcitrant biker in a Polaris, good luck. The biker is more agile, can dart into a narrow trail or go cross country. The Preserve would rather let the bike go than suffer more bruises and disturbed habitat. I understand the importance of developing a plan to control utility truck access. I object to daily use of a Polaris. They are 5 feet wide, have extremely heavy tread, gas driven, noisy, and po/- luting which detracts from the purpose of the Preserve. Please read Eva's letter carefully, study all the photos and consider how and why we acquired this very special gam. in our back yards. Violating and not respecting commitments made to secure the funds could create conflict with the resource agencies and local donors; something to avoid. Barbara Ailor PVPLC Volunteer Y.'~trl~~~~~~~~--,,.·-~,"ff,:;'::;; RECEl\IEv FFloM-~.~~- /.\NO MADE ft. PAFH OF THE RECORD AT THE COUNCIL MEETING OF:_.21_1.)_l'l.~·~- OFFICE OF lHE CITY CL.ERK CITY CLERK TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MARCH 7, 2017 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. 1 2 3 4 6 Description of Material Email exchange between Deputy City Manager Yap and Eva Cicoria; Emails from Cassie Jones, Jim Knight; Letter from Henry Jurgens Email exchange between Director Linder and Councilwoman Brooks; Email from Fran Simon Email from April Sandell Email from April Sandell Email exchange between Senior Administrative Analyst Waters and Paul Kim **PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, March 6, 2017**. Respectfully submitted, W:\01 City Clerk\LATE CORRESPONDENCE\2017 Cover Sheets\20170307 additions revisions to agenda.doc From: Sent: To: Cc: cicoriae@aol.com Tuesday, March 07, 2017 8:08 AM Gabriella Yap; CC Cory Linder; Katie Lozano; Ara Mihranian; Daniel Trautner; Ron Dragoo; avona@pvplc.org Subject: Re: Proof that Conqueror Trail segment is not a road--THE TRANSPARENCY PROBLEM Ms. Yap and other interested parties, Thank you for your response, Ms. Yap. I'm sorry that you are caught in the middle of this, but I don't believe that the trail segment at issue was 6 feet wide in 2007. I trust what I see with my eyes on the aerial photographs and what I know to be the case on the ground (and have tried to show in photos), over a memory of 10 years ago that conveniently supports staff's desire to have a road connecting Forrestal and Portuguese Bend Reserves. Are you aware that the trail segment at issue (or a large part of it) is in Portuguese Bend Reserve, not in Forrestal as the Staff Report asserts? This is just one error of many that I've found over the course of staffs reporting on this subject. And it matters. Until 2005, the parcels had different owners and different road systems, each of which stopped short of the canyon crossing to the other owner's land. Do you have some evidence that City staff came in and graded a road to connect the parcels between 2005 and 2007? Do you think the aerial photos I provided support such a claim? Apart from the negatives presented by a vehicle access throughway across Klondike Canyon, there is this issue of transparency that is troubling across the entire series of communications and City staff reports on the subject. I've seen this before, notably when the Annenberg project came up. As an involved resident, it is exceedingly frustrating to feel that staff is either uninformed or has some agenda about which they are not being forthright. When I have an interest in a topic involving the City, I start out assuming accuracy in reporting, then when I find something wrong, I assume it was lack of knowledge or an inadvertent error and try to correct it. At some point, though, it begins to look like self-serving obfuscation. I believe that staff reports, whether in Weekly Administrative Reports, public forums, or City Council meetings ought to be straightforward, consistent, and inform all interested parties of underlying, relevant facts and motivations. In the case of Conqueror Trail, each report that came out had inconsistent and sometimes inaccurate information, failed to include relevant information, and I am left feeling like staff was hiding the ball. It began when City staff failed to inform the public about what they were up to. I was in a meeting with staff just a week before this work was started in December and not a word was said about this plan. In the monthly meetings prior to this, we shared that volunteers had been raising concerns about the "eyebrow" forming at one end of the trail segment in question and about a 20 foot-long stretch at the end of the trail segment that was becoming denuded. We had discussed the possibility of placing rocks along the trail to better designate the trail bed. Not one word was mentioned about the plan to designate this for vehicle access, not to mention begin grading it. City staff has been asserting that this connecting road is needed for law enforcement and public safety, but in their Quarterly Public Forum presentation, they asserted that the Sheriff deputies are not asking for this increased access. 1 I . Then I came to learn that City staff has moved their offices to Ladera Linda and wants to be able to drive across from Forrestal to Portuguese Bend Reserve for "ease of operations". Not a word about that appears in the Staff Report though. I think the public would want to know about this because it speaks to whether this road connection is necessary or just convenient. And it speaks to the likely frequency of use--frequency of use being a piece of information that is also missing in the Staff Report but very important to the public. Last and perhaps most important, there is no mention in the Staff Report that the Conservation Easement recorded against Portuguese Bend Reserve in favor of the Palos Verdes Peninsula Land Conservancy specifically prohibits the City or its agents from using off-road vehicles at all and any other motorized vehicles except on vehicle access roads. Highlighting this might have raised the question of whether the Polaris should be in the Preserve at all. Moreover, if the determination is made that this trail segment is not and has not been a vehicle access road, then the City is prohibited from using it as such. It's no wonder staff is asserting that the trail segment has been used historically by motorized vehicles. But that doesn't make it true. This process and my efforts to coax greater transparency from staff have been exhausting and disheartening, to say the least. I guess we'll find out tonight whether public efforts to shed light on a subject are worthwhile or futile. Eva Cicoria Addendum: Here are some other errors and inconsistencies in the reporting related to the Conqueror Trail segment: Weekly Administrative Report of 12/14/16 On the one hand, City staff claims that they, along with PVPLC staff are in the process of developing a vehicle access plan, including determining which trails are needed for vehicular access. On the other hand, they assert that Conqueror Trail has been designated as one of these roads/vehicular access trails. Staff asserts that, "The entire [Conqueror] trail accommodated vehicle use in the 2004-2006 timeframe." Photographic evidence belies that. Now we are told that Public Works recalls driving across the trail segment in 2007 to inspect the Klondike Cyn drain. More likely Public Works drove in from Forrestal to inspect that drain. In the Administrative Report, Staff indicates they plan to widen the Conqueror Trail segment 3-4 feet; in the City Council Staff Report, they say 2-3 feet. The Administrative Report states that the segment of Conqueror Tr. which the City staff seeks to convert to a road is only .05 mi of a .57 mi. trail, in other words about 1/10th of the trail. Based on the map provided (ignoring the highlighting errors), the segment is actually more like 1/5th of the actual Conqueror Tr. Speaking solely about the map provided in the Admin Report as it relates to the sub-issue of Conqueror Tr. conversion to a road, it was inaccurate. The narrow segment that staff seeks to turn into a road is at the end of Conqueror Tr. where it meets Klondike Cyn. Tr., rather than in the middle of a single, longer trail as depicted in the map. The highlighted portion of the map depicts Conqueror 2 Tr. as being longer than it is, with the single-track segment that staff seeks to turn into a road being in the middle of it. Quarterly Public Forum presentation. Peppertree Trail is listed on the list of vehicle access roads, but is not highlighted on the map of Portuguese Bend Reserve. So is it in the road plan or not? Prickly Pear Trail is listed on the list of vehicle access roads, but is not highlighted or listed on the map of Alta Vicente Reserve. So is it in the road plan or not? Barkentine Trail is listed on the list of vehicle access roads, but is not highlighted or listed on the map of Three Sisters. So is it in the road plan or not? The power point presentation represented that Conqueror Trail was widened 2-3 feet. It was widened more than that in some areas. The presentation represented that Forrestal is only accessible for maintenance operations via Conqueror Trail, but it is and has been accessible via the asphalt road system. Staff Report. Right from the get go, the Staff Report is less than transparent. The agenda description is to "continue improvements" to Conqueror Trail. Why not call it what it is--trail widening to facilitate vehicle access? Then, as mentioned above, it refers to the trail work being in Forrestal Reserve. The trail segment staff seeks permission to work on is in Portuguese Bend Reserve. Of course, there are repeated assertions that the work is simply "restoring" vehicle access. There is no mention in the report of cactus wrens or California gnatcatcher sightings in the area. There is no mention that the Sheriff is not asking for this access road, although that is implied in repeated assertions that this work is being done for their benefit. There is no mention of staff's relocation plan. And then there is the failure to mention in the Staff Report or in any other report that the Conservation Easement recorded against Portuguese Bend Reserve in favor of the Palos Verdes Peninsula Land Conservancy specifically prohibits the City or its agents from using off-road vehicles at all and motorized vehicles of any kind except on existing roadways. (See Prohibited Uses, Section 3(b).) -----Original Message----- From: Gabriella Yap <gyap@rpvca.gov> To: cicoriae <cicoriae@aol.com>; CC <CC@rpvca.gov> Cc: Cory Linder <Coryl@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Daniel Trautner <DanielT@rpvca.gov>; Ron Dragoo <RonD@rpvca.gov> Sent: Tue, Mar 7, 2017 2:46 am Subject: RE: Proof that Conqueror Trail segment is not a road Dear Ms. Cicoriae, 3 Public Works confirmed that they drove a City vehicle to cross over the canyon back in 2007 during an inspection of the upper Klondike Canyon drain. They remember the road being about 6 feet wide then. They do not recall which month it was. Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 (310) 544-5203 Office From: cicoriae@aol.com [mailto:cicoriae@aol.com] Sent: Thursday, March 2, 2017 3:59 PM To: Gabriella Yap; CC Cc: Cory Linder; Katie Lozano; Ara Mihranian; Daniel Trautner Subject: Re: Proof that Conqueror Trail segment is not a road Thank you for this clarification Ms. Yap. Are you able to share with us information as to what month of what year (or even just what year) Public Works (or anybody else) drove a vehicle on the trail segment in question (as opposed to the wider segment of Conqueror Trail that is not in dispute and is to the right in the photos) and what size that vehicle was? There are steep slopes on each side of the trail segment at issue, so it's hard to imagine even a standard-size vehicle straddling the 2-3' wide trail bed of this particular segment successfully. Eva -----Original Message----- From: Gabriella Yap <gyap@rpvca.gov> To: cicoriae <cicoriae@aol.com>; CC <CC@rpvca.gov> Cc: Cory Linder <CoryL@rpvca.gov>; Katie Lozano <KatieL@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Daniel Trautner <DanielT@rpvca.gov> Sent: Wed, Mar 1, 2017 11:14 pm Subject: RE: Proof that Conqueror Trail segment is not a road Dear Ms. Cicoriae, The City Clerk's Office let me know your concerns earlier today and that you wanted your email included in the staff report instead of late correspondence. Generally, comments are not included in a staff report unless it's a public hearing where it's been noticed, or items like ordinances where they come up for two readings and the public could have comments after the first reading of the ordinance. Comments that come in after the agenda has been produced are always included as late correspondence. I can assure you that your letter was sent to the appropriate staff as well as received by the City Council this past weekend when you sent it originally, but we will include it again in Late Correspondence for the public. In regards to your assertions that Staff is "Relying on false history to support a case for building a road wastes the public's and City Council's time as we wade through what is fact and what is fiction", members of our Public Works Department who have been here a number of years and worked on projects in the Preserve confirmed that there was vehicle access previously. It was not frequent, but Conqueror Trail was used. I understand that Google maps shows a narrower stretch on Conqueror Trail. However, aerials can be misleading because of brush that has grown over and because, as mentioned above, the vehicles were not used frequently. The Conqueror Trail road was used when needed and I anticipate that would be the case in the future if the access road is reestablished. 4 While there was vehicle access there, that is not the reason for recommending Polaris access through the Conqueror Trail. Our recommendation is based on best management practices, safety needs, and maintenance of the preserve. Reestablishing this valuable access corridor between the Portuguese Bend and Forrestal Reserves (the most popular reserve) allows for better responsiveness by public safety, maintenance, and enforcement personnel. Currently, you would have to drive all the way around on surface streets to reach the other side of the preserve -not very efficient, especially if you have an emergency. I hope that you can see we are trying our best to balance these needs and responsibilities while still protecting the native habitat. Please let us know if we can be of any more assistance. Sincerely, Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5203 (310) 544-5291 (fax) From: cicoriae@aol.com [mail to :cicoriae@aol.com] Sent: Wednesday, March 1, 2017 10:41 PM To: CC Subject: Re: Proof that Conqueror Trail segment is not a road Mayor and Councilmembers, I was surprised and disappointed to see that the letter, below, which I submitted Saturday morning, was not included in the Staff Report for the March 7 Council meeting so that the general public could read and consider this research against the Parks and Recreation Department's representations. I contacted the City Clerk to confirm that it was received. She confirmed that it should have been included in Public Correspondence and that she would inquire of Parks and Recreation staff why it wasn't. Meanwhile, I want you all to know that I stand by my research and conclusions. Eva Cicoria -----Original Message----- From: cicoriae <cicoriae@aol.com> To: cc <cc@rpvca.gov>; citymanager <citymanager@rpv.com>; avona <avona@pvplc.org> Sent: Sat, Feb 25, 2017 9:00 am Subject: Proof that Conqueror Trail segment is not a road Mayor and Councilmembers, City Manager, PVPLC Executive Director, and other interested parties, This email is being sent in an effort to get all to stipulate, going into the March 7 City Council meeting, that the segment of Conqueror Trail which the City staff wants to widen to accommodate vehicles is not currently used by vehicles, possibly never has been, and certainly has not been for at least the past 15 years. 5 Following is a screenshot of the part of a City-prepared map (shown at Quarterly Public Forum 1/18/17) which indicates, in red, the segment of Conqueror Trail that City staff wants to widen to accommodate vehicle access. It is included here as a frame of reference for what follows. The photos below are a sequence of screenshots from Google Earth of the same segment of Conqueror Trail. After looking over these, do you think the photos support the City staff's claim, referring to Conqueror Trail, that "The entire trail accommodated vehicle use in the 2004-2006 timeframe, prior to continued storm runoff damage" (from Administrative Report for 12114/16) or that this segment of trail represents "6/100ths mi. washed out in 2008 by storm water runoff", or that what Parks and Rec staff commenced doing to this trail segment in December 2016 and seeks to complete was/is merely "maintaining vehicle access" (both statements from page 10 of Parks and Rec power point slide presentation at Quarterly Public Forum 1/18/17)? In each screenshot, note the narrow segment in question in the middle of the screenshot, compared to the wider segments of Conqueror Trail to the right, and Klondike Trail, to the left. (Numbers to the ri ht of each screenshot are the Goo le Earth dates assigned to that map.) 002.6 6 003.12 7 005.12 006.3 8 007.7 008.7 9 012.8 10 What appears to be some trail widening near the bend in the trail visible in the above 2016 map is actually an "eyebrow" on the hillside adjacent to the trail, reported many times over the past year as it has developed from bikers veering up the hillside as they speed around the bend. Relying on false history to support a case for building a road wastes the public's and City Council's time as we wade through what is fact and what is fiction, rather than focusing on what is in the best interests of making the Palos Verdes Nature Preserve the best accessible nature preserve it can be. Hopefully, you all agree that the photos show that neither the City, utility companies, nor anybody else has used the segment of Conqueror Trail in question as a throughway for vehicles for many, many years, if ever. It's not necessary and it's not wanted, but more on that after the City staff report comes out. Thank you for agendizing this matter for the March 7 City Council meeting and thank you for your time. Eva Cicoria 11 From: Sent: To: Subject: Attachments: Cassie <cassiej@aol.com> Monday, March 06, 2017 8:35 PM cc Conqueror Trail work. March_2017.pdf; ATTOOOOl.txt Dear council members and honorable mayor, Attached please find a letter from the PVPLC regarding Tuesday night's subject at the council meeting with respect to the Conqueror Trail work. I apologize for the lateness of it. We really appreciate everything that you along with the sheriff are doing to help improve user experiences on the preserves. While the staff is very eager to get the work done, I think we need to proceed in a stepwise fashion so that everything that needs to get done does get done, and that we don't have to repeat work or redo work (or worse undo work) later on. Thank you so much for your attention to this matter. Respectfully, Cassie Jones, Palos Verdes Peninsula Land Conservancy board of directors 1 I~ PRESERVING LAND AND RESTORING HABITAT FOR THE EDUCATION AND ENJOYMENT OF ALL March 6, 2017 The Honorable Brian Campbell, Mayor, Honorable Mayor Pro Tern Jerry Duhovic, and Honorable Councilmembers Susan Brooks, Ken Dyda, and Anthony Misetich City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Re: March 7 Agenda Item "Improvements to Conqueror Trail" Dear Mayor Campbell, Mayor Pro Tern Duhovic and Councilmembers Brooks, Dyda and Misetich: With respect to the agenda item regarding "Improvements to Conqueror Trail," the Palos Verdes Peninsula Land Conservancy (PVPLC) requests the City of Rancho Palos Verdes (City) to postpone widening of the Conqueror Trail until a comprehensive vehicle access plan for the Palos Verdes Nature Preserve can be formed. First though, PVPLC acknowledges the intent and effort of the City to address safety and enforcement matters raised by a substantial number of preserve visitors and applauds the willingness of the Los Angeles Sheriff's Department (Lomita Division) to enforce protection of habitat, user experience and safety. Enforcement was determined necessary due to trail use violations. Before addressing our Directors' concerns with the proposed agenda item, it is helpful to recall PVPLC's two important obligations with respect to the Palos Verdes Nature Preserve, as our comments arise from these obligations. One comprises PVPLC's rights and obligations in its role as habitat manager under its Management Agreement with the City. Pursuant to the Management Agreement, PVPLC carries out the obligations of the City with respect to habitat restoration and habitat and species monitoring (as set forth in the Natural Communities Conservation Plan, or NCCP), and also advises the City on best practices management for activities in the Preserve and provides monitoring and oversight of the City and third parties in connection with such activities. This role is PVPLC's most visible role and these obligations are those that are most often the topic of discussion. The other obligation, and equally important, is PVPLC's obligation to enforce the Conservation Easements recorded on the Preserve properties. The Conservation Easements create restrictions on the City's ability to undertake certain activities in the Preserve. While the City owns the Preserve properties, the City does not retain all rights incident to ownership. These two PVPLC roles correspond with the City's two primary obligations with respect to the Preserve: to forever maintain it as natural open space, and to restore habitat with the goal of restoring and encouraging endangered or threatened species. Under the controlling documents (the NCCP and the Conservation Easements), to which the City agreed, all activities in the Preserve must be consistent with 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7613 WWW.PVPLC.ORG conservation values expressed in the NCCP. In return for incurring these obligations and limitations, the City received the right to grant environmental permits for development projects outside the Preserve and for work inside the Preserve, rather than the City or developers having to wait years for federal and state environmental agencies to issue permits, or for environmental lawsuits to work their way through the courts. Both sets of corresponding PVPLC and City obligations are called upon to govern in the City's Parks and Recreation Department's (Department) recent widening of, and request to further widen, Conqueror Trail in Portuguese Bend Reserve (not in the Forrestal Reserve as the Staff Report erroneously indicates) in the vicinity of Klondike Canyon in order to make it accessible to motorized vehicles. Although PVPLC Staff worked with City Staff through the project form for the work already performed on Conqueror Trail, PVPLC Staff's review of the project was to consider only direct impacts and did not include a review of the indirect impacts associated with the added vehicle travel. PVPLC's Board believes there are broader, strategic impacts associated with the Conqueror Trail work and the increased vehicle traffic and potential for increased trail widening that the work portends. Input provided by the state and federal wildlife agencies with jurisdiction over the NCCP has shown their support for a review of these impacts. Specifically, the Department's completed work and proposed work raises three concerns. 1. Proliferation of Vehicles in the Preserve. Maintenance, management, enforcement and other activities in the Preserve (including public utilities and ACLAD access) are going to require some number of motorized vehicle trips in the Preserve. The purpose of the Preserve Access Protocol and Trail Maintenance and Inspection Program (referred to in this letter as the Access and Trail Maintenance plans) that are to be developed after adoption of the NCCP is to identify and control those trips. The Department is requesting to increase access but is not delineating its vision for how vehicle trips in the Preserve are to be managed. Rather, the Department continues a piecemeal approach wherein the Department requests seemingly small items one at a time, without providing the public (or PVPLC) a larger, comprehensive and forward-thinking plan that helps to understand impacts on the Preserve. Even in its own public reports, the Department refers to the current requested widening as being limited to smaller vehicles and not full-size trucks "at this time." Repeatedly returning to this conversation can be eliminated by postponing the widening until a detailed plan for future vehicular access can be formed. The point of the Preserve habitat-and the very reason for the existence of the NCCP-is to encourage an increase in currently endangered and threatened species, which become more threatened as lands outside of the Preserve are developed and redeveloped. Motorized vehicles are prohibited in the Preserve, except in certain limited circumstances, for a reason. Motorized vehicles are noisy (when powered by gas, which are the type used by the Department and the Sheriff), produce significant exhaust, contribute to erosion and raise considerable dust that coats adjacent habitat. All of these factors are known to adversely impact animals and birds. This is why motorized vehicles are often restricted in areas where protected species exist, particularly during breeding seasons. Introducing an uncontrolled, unlimited number of vehicles into the Preserve by creating one or more access points for convenience will actually be counterproductive to the reason for having enforcement to keep people on trails. The Department's current proposal may seem small and innocuous, but it is synchronous with increasing vehicle access throughout the Preserve and needs to be evaluated in that context. Moreover, increasing motorized vehicles in the Preserve is detrimental to the Preserve user experience and to the trail-adjacent habitat the motorized vehicle use is supposed to protect. More users, or more 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG vehicles, will veer off trail when users and vehicles meet. More trails will be proposed for widening to allow for vehicular use or to allow users and vehicles to safely pass. The dust raised from heavy motorized vehicle use thins and kills trail-adjacent vegetation. In this case, the cure becomes worse than the disease. Greater enforcement and better management are both laudable and attainable goals wanted by all concerned. But they have to be done with appropriate consideration for the impacts and whether they achieve the objectives or actually exacerbate the problem. 2. Potential Violation of Conservation Easements. The applicable Conservation Easement (the segment under consideration by Council is in the Portuguese Bend Reserve, not Forrestal as stated by City Staff) prohibits motorized vehicles except on "existing roadways." The term "existing roadways" is not defined, nor is there a map or other guidance as to what constitutes an existing roadway. However, evidence exists in terms of historical use, historical aerial photographs, and previous City statements (including in connection with the Public Use Master Plan development) that show that existing roadways are and have consistently been very limited. Objective evidence strongly indicates that the segment of Conqueror Trail between the Portuguese Bend and Forrestal Reserves was not and has not been used as a roadway. The portion of Conqueror Trail that lies within Forrestal Reserve has existed as a roadway providing access to the Klondike Canyon waterway, and the portion of Klondike Canyon Trail from the so-called Sandbox to the junction with Conqueror Trail has also existed as a roadway for utilities access. But the 250-300 foot segment of Conqueror Trail between those trails shows no evidence of having been a roadway. In fact the substantial cut and fill performed by or at the City's request on this segment of Conqueror Trail, if necessary to allow vehicle use as contended by the Department, would show that the trail could not have previously been used by vehicles. Thus, the use of the roadway in question by motorized vehicles constitutes a potential violation of the Conservation Easement. The relevant Conservation Easement also prohibits grading and other earthworks in the Preserve (which includes the building ofroads) except to the extent such grading is "allowed by the NCCP." Grading permitted under the NCCP is found under the covered projects section, which identifies work for which damage to habitat and covered species is deemed mitigated by the NCCP. Grading for roadways is not specifically provided in the NCCP, except in a few instances where existing well access or utility access may be cleared so long as there is no habitat or covered species lost. 3. Rush to implementation. PVPLC's Board of Directors believes the approval of new vehicular access at this time is premature and not in line with the expectations of the NCCP. Consideration of any new vehicular access should be required to go through the agreed-upon process of developing the Access and Trail Maintenance plans, which could conceivably be completed this year. As part of this process, new vehicular access should go through the associated public process. It should not be rushed to implementation, with public input sought only because community reaction demanded transparency from our local government. The state and federal wildlife agencies have also advised that the project pending before Council should be included in a Preserve Access Protocol. A rush to implementation is not supported by the facts and circumstances in light of the near adoption of the NCCP. No emergency situation exists that has been identified to the public. Despite the Department's statements that they are simply maintaining a previously existing roadway, no evidence has been provided in support of that claim and substantial evidence has been provided to the contrary. Even assuming Department's 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG actions are maintaining an existing roadway, Conqueror Trail existed in its pre-widened condition for many years with no detrimental effect. With no immediate emergency, and with the development of a comprehensive plan to address the very access issues the City is concerned about being just on the horizon, why the rush to push this through? Enforcement is the most commonly cited concern but, again, it can wait another few months for a comprehensive vehicular access enforcement plan. Even if enforcement is a key driver, we believe-and the NCCP demands-that enforcement be executed in balance with resources to ensure public safety while treading lightly on the land. Although it gets infrequent mention, the Department has or will be placing its own staff in Ladera Linda, leading to the conclusion that the Department is keenly interested in this access for convenience, but that does not require urgency, as evidenced by the fact that since PVPLC and its volunteers have maintained the Preserve for years without the necessity of this particular access point. Moreover, convenience alone is not sufficient justification to override the conservation principles governing the Preserve. Given all the foregoing concerns, the Board of Directors of PVPLC urges City Council to direct City Staff to delay widening of Conqueror Trail until such widening can be considered in the broader context of the NCCP and Conservation Easements and addressed in the comprehensive, transparent and publicly available roadway and vehicle access plan for the Preserve. Again, we acknowledge the City's intent and effort to address safety and enforcement matters raised and applaud the enthusiasm and willingness of the sheriffs to enforce protection of habitat, user experience and safety. Sincerely, Cassie Jones President, Board of Directors, Palos Verdes Peninsula Land Conservancy 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG Teresa Takaoka From: Sent: To: Cc: Subject: Jim Knight <knightjim33@gmail.com> Tuesday, March 07, 2017 11:30 AM cc Andrea Vona (avona@pvplc.org) Agenda item 1 3-7-2017 To: the Mayor and City Council From: Jim Knight Date: 3/7/2017 RE: Agenda Item # 1 Dear Mayor and Councilmembers, The staff report to widen Conqueror Trail is missing some very important information. 1) The "2015 Comprehensive Management and Monitoring Report for the Rancho Palos Verdes Draft Natural Communities Conservation Plan and Habitat Conservation Plan" clearly shows several Gnatcatchers observed very near, if not next to, Conqueror Trail. The report goes on to state that the Gnatcatcher count was down from a previous survey done in 2012. The (coastal) California gnatcatcher Polioptila californica californica is listed as a Federally Threatened species and is one of the prime reasons the NCCP and the Nature Preserve were created. The NCCP document, and State funding conditions, clearly state that protection of habitat and sensitive species are the primary goal of the Preserve and that the Public Use Management Plan is secondary and must not impact this primary goal. I do not see this issue discussed in the staff report given to you. I was unaware that Kurt Loheit is the official habitat manager for the PVPLC as stated in the staff report but, if he has not made the city staff aware of this, then I am sure someone in the PVPLC can verify the information. 1 I 2) The staff report states that the project area consists of an improved multi-use trail that has been historically used for vehicular access. This statement is misleading. First, if you look at historic aerial photos from Google Earth (as Eva Cicoriae has sent to you), you can clearly see that this is a narrow trail, not a road. The staff report is mixing apples and oranges. Historically it is true that emergency and utility vehicles have had access to the Preserve for public safety and maintenance. The NCCP does allow for emergency access knowing that it is only on an occasional basis. But to open this trail for ATV vehicles to regularly travel this segment has an entirely different ongoing impact that could have serious effects on a Federally Threatened Species. The enforcement of Preserve rules seems to be operating well with the existing conditions. I have not seen a report that the Sheriff, the Volunteer Patrol or any other enforcement entity has indicated this trail access needs to be widened for public safety. 3) The Staff report states that the City does not believe in widening trails to accommodate particular user groups, nor does the City believe that all the Preserve trails should be widened to accommodate vehicles. Despite what the city believes, if you build it they will come. Please do not widen this trail segment as it could cause serious impacts to the primary purpose of the Preserve. Thank you, Jim Knight 2 Honorable Mayor Campbell, Mayor Pro Tern Duhovic, and Councilmembers Brooks, Dyda, and Misitich Re; regular business item #1, Conqueror Trail, Vehicular access on the Palos Verdes Nature Preserve, March 7, 2017 My name is Henry Jurgens, I have been a resident of Rancho Palos Verdes for 34 years. I am a Docent and current Treasurer of Los Serenos de Point Vicente and past president of the Palos Verdes Land Conservancy. I strongly object to turning trails into access roads for vehicles. When trail usage was developed for the Preserves many outreach community workshops were held. I find it incredible that Council will consider roads being built without a single event involving the community. Additionally, the Land Conservancy holds a Conservation Easement over the Preserve and Federal and State monies that were given to purchase the land under the NCCP indicate that the terms of these agreements are in conflict with what Council proposes. RECEIVED CITY Of-RANCHO PALOS VERDES MAR 0 7 2011 -CITY ClERK'S OFFf"cE- ( . From: Sent: To: Cc: Subject: Matt Waters Tuesday, March 07, 2017 2:03 PM Nathan Zweizig Teresa Takaoka FW: Bubbles Design- Late correspondence for Civic Center item tonight From: Cory Linder Sent: Tuesday, March 07, 2017 1:43 PM To: Susan Brooks <SusanB@rpvca.gov> Cc: Doug Willmore <DWillmore@rpvca.gov>; Matt Waters <MattW@rpvca.gov>; Ron Dragoo <RonD@rpvca.gov> Subject: RE: Bubbles Design- Hi Councilwoman Brooks: I got your voice mail message and as you recall, the preliminary rendering we shared in the staff report was more to give people an idea as to the location and whether Bubbles should be vertical or horizontal. It was merely something to get the creativity flowing and was by no means our proposed design. I will clarify that as well at the meeting tonight. One of the recommendations tonight is to seek a professional who can take a rendering to the next level with the elements desired by the community and the Council. If you have any other questions, just let me know. THANKS, CORY CORY A. LINDER, Director Department of Recreation and Parks City of Rancho Palos Verdes From: Susan Brooks Sent: Tuesday, March 07, 2017 1:33 PM To: Matt Waters <MattW@rpvca.gov>; Cory Linder <CorvL@rpvca.gov>; Ron Dragoo <RonD@rpvca.gov> Cc: Doug Willmore <DWillmore@rpvca.gov> Subject: Bubbles Design- Hi. I just checked the website for The Workshop-LA, and the designer who was working with us on the Recognition Wall was Scott Martin, Not Alex Ocampo. Anyway, that wall WILL be built eventually, and the design is upscale with curves that mimick the ocean. It is beautiful. I'd like to see if we can incorporate that style into this design. Who knows, they could eventually be in the same general location. Check this out: http://www.theworkshop-la.com/ 1 2. Best, Susan Susan Brooks Councilwoman Rancho Palos Verdes (Home) 310/ 541-2971 (City Hall) 310/544-5207 ~/mvca.gov/ Sent from my iPhone ~ EJ1 2 From: Sent: To: Subject: Attachments: Hello, Fran Simon <fransimonrpv@gmail.com> Tuesday, March 07, 2017 3:31 PM CC; Matt Waters Tonight's council meeting discussion of Bubbles -letter attached Letter to Mayor & City Council re-Bubbles March 2017.docx Attached you will find my letter to the Mayor and the members of City Council regarding tonights council meeting issue discussing "Bubbles". Thank you for your attention to this matter. Sincerely, Fran Simon 1 2. March 7, 2017 Dear Mayor Campbell and members of City Council, My name is Fran Simon and I am a resident of Rancho Palos Verdes and the President of Los Serenes de Point Vicente. Today I am writing to you as a resident. I am in favor of Bubbles being displayed on the Point Vicente Interpretive Center's property at the entry marquee #3. I would like to see the 2 white sided dolphins on display with Bubbles, after all they are a team. One of the white sided dolphins is completely refurbished and looks beautiful and is currently on display inside the Point Vicente Interpretive Center. From what I understand the other one is in storage. I appreciate the city staff's rendering of what the backdrop and container for Bubbles might look like, but the lettering fonts that were used look a little too cartoonish for an Interpretive Centers entrance. The sign to The Point Vicente Interpretive Center should be as large and as consistent as all the other park signage throughout RPV. It is also important to have a sign explaining the history of Bubbles. I also think that a container with flowers around the border is not a good idea. As we all know, flowers die during drought season, additionally Bubbles is a sea creature. Maybe something like a cement enclosure with waves carved into it and the waves painted blue (or not} would be more appropriate for the exhibit. Thank you for your attention to this letter. Sincerely, Fran Simon 17 Packet Road Rancho Palos Verdes, CA 90275 From: Sent: To: Subject: April Sandell <hvybags@cox.net> Tuesday, March 07, 2017 8:24 AM cc 3 AND 4 ON TONIGHT'S AGENDA Dear Mayor and Council Members, Just stop it. Yours truly, April L. Sandell 1 3. f-Lf. From: Matt Waters Sent: To: Tuesday, March 07, 2017 1:59 PM Paul Kim Cc: Subject: Gabriella Yap; Kit Fox; Nathan Zweizig; Teresa Takaoka RE: Civic Center Survey Results are In! Dear Mr. Kim, Thank you for your email. I will make sure it is added as late correspondence for tonight's Council meeting. Sincerely, Matt Waters Senior Administrative Analyst City of Rancho Palos Verdes Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.palosverdes.com/rpv mattw@rpvca.gov -(310) 544-5218 p -(310) 544-5291 f From: Paul Kim [mailto:scpaulkim@hotmail.com] Sent: Tuesday, March 07, 2017 1:47 PM To: Matt Waters <MattW@rpvca.gov> Subject: Fw: Civic Center Survey Results are In! Hi Matt, Thanks to you and the city for doing the survey and actually gathering the opinions of the residents. If you can forward this email to the City Council at tonight's meeting, I would appreciate it. I would like to address question 2t: "Establishing more formal trailheads (with parking) to allow for access to the Preserve and to relieve pressure on neighborhoods located near other trailheads" I am very pleased to see that this proposal received the 2nd highest level of support and that most of the residents in Rancho Palos Verdes agree with my and my neighborhood's sentiments that there needs to be a separate entrance to the trails AWAY from residential neighborhoods. I live in the Del Cerro neighborhood near the Portuguese Bend Preserve trails, and what used to be a quiet (typical RPV) neighborhood has now become a complete fiasco and a very noisy commercial atmostphere, 1 G& with 500 to 1000 visitors and cars coming in and out of our residential neighborhood, all times of the day and night, 7 days of week. With the recent increase in crime and home invasion burgleries in RPV, and with the city allowing night time hikes, it has become extremely difficult to distinquish between hikers and would be home invasion burglers, especially at night. I implore the city council to listen to the voices of the RPV residents (via the survey results} and 1} establish a formal entrance to the Portuguese Bend Preserve trails at the bottom of the hill on the south side, within the preserve, AWAY from neighborhood homes and 2} close off the trail entrance in the residential neighborhood area of Del Cerro. This would not only be beneficial to the residents of RPV but also to the many hikers who use the trails. (Hikers have always complained that the Portuguese Bend trails are backwards -that they start at the top and go down and have to climb back up.} Thank you, SC Paul Kim RPV resident From: Civic Center Master Plan <listserv@civicplus.com> Sent: Friday, March 3, 2017 4:05 PM To: scpaulkim@hotmail.com Subject: Civic Center Survey Results are In! View this in your browser This message from the City of Rancho Palos Verdes is being sent to subscribers of this list who might be interested in its content. Please do not press "reply" when responding to this message, it is a non-monitored email address. If there is contact information it will be included in the body of the message. This message has been sent compliments of the City of Rancho Palos Verdes. 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To unsubscribe, click the following link: the link doesn't the link into your browser. 3 TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MARCH 6, 2017 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA _____________________________________________________________________ Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, March 7, 2017 City Council meeting: Item No. Description of Material 1 Email exchange between Deputy City Manager Yap and Eva Cicoria; Email exchanges between Administrative Analyst II Lozano and: Noel Park; Jorg and Anke Raue; Virginia Cicoria; Emails from: Eva Cicoria; Joan Kelly; Kurt Loheit 2 Email exchanges between Senior Administrative Analyst Waters and: Yvetta Williams; Ann Zellers and Paul Port; Emails from: Betty Riedman; Natalie Massey 4 Emails from: Rod Uyeda; Sandra Valeri Respectfully submitted, _____________________ Emily Colborn W:\01 City Clerk\LATE CORRESPONDENCE\2017 Cover Sheets\20170307 additions revisions to agenda thru Monday.doc From: Gabriella Yap Sent: To: Thursday, March 02, 2017 4:06 PM cicoriae@aol.com; Gabriella Yap; CC Cc: Subject: Cory Linder; Katie Lozano; Ara Mihranian; Daniel Trautner RE: Proof that Conqueror Trail segment is not a road Dear Ms. Ciccoriae, Yes, I'll forward your email and have Staff respond. Sony this is so brief-in meeting now. Gabriella Sent from my Samsun g device --------Original message -------- From: cicoriae@aol.com Date : 3/2/2017 3:59 PM (GMT-08:00) To: Gabriella Yap <gyap @rpvca.gov>, CC <CC@rpvca.gov> Cc: Cory Linder <C oryL@rpvca.gov>, Katie Lozano <KatieL @rpvca.gov>, Ara Mihranian <AraM @rpvca .g ov>, Daniel Trautner <DanielT@rpvca.gov> Subject: Re: Proof that Conqueror Trail segment is not a road Thank you for this clarification Ms. Yap. Are you able to share with us information as to what month of what year (or even just what year) Public Works (or anybody else) drove a vehicle on the trail segment in question (as opposed to the wider segment of Conqueror Trail that is not in dispute and is to the right in the photos) and what size that vehicle was? There are steep slopes on each side of the trail segment at issue, so it's hard to imagine even a standard-size vehicle straddling the 2-3' wide trail bed of this particular segment successfully. Eva -----Original Message----- From : Gabriella Yap <gyap@rpvca .gov> To: cicoriae <cicoriae@aol.com>; CC <CC@rpvca.gov> Cc: Cory Linder <Coryl@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>; Ara Mihranian <AraM@rpvca .gov>; Daniel Trautner <DanielT@rpvca.gov> Sent: Wed, Mar 1, 2017 11 :14 pm Subject: RE : Proof that Conqueror Trail segment is not a road Dear Ms. Cicoriae, The City Clerk's Office let me know your concerns earlier today and that you wanted your email included in the staff report instead of late correspondence . Generally, comments are not included in a staff report unless it's a public hearing where it's been noticed, o r items like ordinances where they come up for two readings and the pub lic could have comments after the first reading of the ordinance . Comments that come in after the agenda has been produced are always included as late correspondence. I can assure you that your letter was sent to the appropriate staff as well as received by the City Counci l this past weekend when you sent it originally, but we w i ll i nclude it again in Late Correspondence for the public. 1 /. In regards to your assertions that Staff is "Relying on false h istory to support a case for building a road wastes the public 's and City Council's time as we wade through what is fact and what is fiction", members of our Public Works Department who have been here a number of years and worked on projects in the Preserve confirmed that there was vehicle access previously. It was not frequent, but Conqueror Trail was used . I understand that Google maps shows a narrower stretch on Conqueror Trail. However, aeria ls can be misleading because of brush that has grown over and because, as mentioned above, the vehicles were not used frequently. The Conqueror Trail road was used when needed and I anticipate that would be the case in the future if the access road is reestablished. While there was vehicle access there, that is not the reason for recommending Polaris access through the Conqueror Trail. Our recommendation is based on best management practices, safety needs, and maintenance of the preserve. Reestablishing this valuable access corridor between the Portuguese Bend and Forrestal Reserves (the most popu lar reserve) allows for better responsiveness by public safety, maintenance, and enforcement personnel. Currently, you would have to drive all the way around on surface streets to reach the other side of the preserve -not very efficient, especially if you have an emergency. I hope that you can see we are trying our best to balance these needs and responsibilities while still protecting the native habitat. Please let us know if we can be of any more assistance . Sincerely, Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5203 (310) 544-5291 (fax ) From: cicor iae@aol.com [mailto:cicoriae@aol.com ] Sent: Wednesday, March 1, 2017 10:41 PM To: CC Subject: Re: Proof that Conqueror Trail segment is not a road Mayor and Councilmembers, I was surprised and disappointed to see that the letter, below, which I submitted Saturday morning, was not included in the Staff Report for the March 7 Council meeting so that the general public could read and consider this research against the Parks and Recreation Department's representations. I contacted the City Clerk to confirm that it was received. She confirmed that it should have been included in Public Correspondence and that she would inquire of Parks and Recreation staff why it wasn't. Meanwhile, I want you all to know that I stand by my research and conclusions . Eva Cicoria -----Original Message----- From : cicoriae <cicoriae@aol.com > To: cc <cc@rpvca.gov >; citymanager <c itymanager@rpv .com >; avona <avona@pvplc.org > Sent: Sat, Feb 25, 2017 9 :00 am Subject: Proof that Conqueror Trail segment is not a road Mayor and Councilmembers, City Manager, PVPLC Executive Director, and other interested parties, This email is being sent in an effort to get all to stipulate, going into the March 7 City Council meeting, that the segment of Conqueror Trail which the City staff wants to widen to accommodate vehicles is not 2 currently used by vehicles, possibly never has been, and certainly has not been for at least the past 15 years. Following is a screenshot of the part of a City-prepared map (shown at Quarterly Public Forum 1/18/17) which indicates, in red , the segment of Conqueror Trail that City staff wants to widen to accommodate vehicle acc~ss. It is included here as a frame of reference for what follows. The photos below are a sequence of screenshots from Google Earth of the same segment of Conqueror Trail. After looking over these, do you think the photos support the City staff's claim, referring to Conqueror Trail, that "The entire trail accommodated vehicle use in the 2004-2006 timeframe, prior to continued storm runoff damage" (from Administrative Report for 12/14/16) or that this segment of trail represents "61100ths mi. washed out in 2008 by storm water runoff", or that what Parks and Rec staff commenced doing to this trail segment in December 2016 and seeks to complete was/is merely "maintaining vehicle access" (both statements from page 10 of Parks and Rec power point slide presentation at Quarterly Public Forum 1/18/17)? In each screenshot, note the narrow segment in question in the middle of the screenshot, compared to the wider segments of Conqueror Trail to the right, and Klondike Trail, to the left. (Numbers to the right of each screenshot are the Google Earth dates assigned to that map.) 3 2004.4 2005.1 4 5 6 013.4 7 016.2 What appears to be some trail widening near the bend in the trail visible in the above 2016 map is actually an "eyebrow" on the hillside adjacent to the trail, reported many times over the past year as it has developed from bikers veering up the hillside as they speed around the bend . Relying on false history to support a case for building a road wastes the public's and City Council's time as we wade through what is fact and what is fiction, rather than focusing on what is in the best interests of making the Palos Verdes Nature Preserve the best accessible nature preserve it can be. Hopefully, you all agree that the photos show that neither the City, utility companies, nor anybody else has used the segment of Conqueror Trail in question as a throughway for vehicles for many, many years, if ever. It's not necessary and it's not wanted, but more on that after the City staff report comes out. Thank you for agendizing this matter for the March 7 City Council meeting and thank you for your time. Eva Cicoria 8 From: Sent: To: Cc: Subject: Hello Mr. Park, Thank you for your email. Katie Lozano Thursday, March 02, 2017 4:19 PM noelparkone@gmail.com cc FW: Agenda Item 1, 3/7 /17 Council Meeting The contributions to Rancho Palos Verdes residents' quality of life by both the PVPLC organization, donors, and volunteers (including yourself) are immeasurable. They are a critical reason why the Palos Verdes Nature Preserve exists, and the Preserve is cherished by residents, and not initially anticipated, the larger LA County area. The City values their opinions and understands-and is grateful for-their desire to be active participants in the protection and operation of the Preserve. Regarding the procedure that City and PVPLC staff put together to improve transparency on Preserve projects and maintenance, it was unfortunate that not many attended the January 18th Preserve Public Forum Meeting to see the presentation on vehicle access and the Conqueror Project. Three individuals spoke on the item. However, we have had some phone calls since then, and staff was able to email the interested individuals the presentation and discuss the topic with them. One piece of misinformation that has been circulating, that the City is trying hard to correct, is that City Staff is interested in widening all trails, and creating a new network of roads to increase vehicle use in the Preserve. However, we are not looking to create new roads or increase traffic, rather to create better connectivity by improving this 240-foot long stretch. Regarding Ms. Cicoria's maps, it can be difficult to use aerials to determine trail use, as less frequent use results in less scarring on a trail. However, senior Staff who have been with the City many years confirmed vehicle use (on a lesser scale) on this section of Conqueror. But it is important that the purpose of restoring the connection isn't that it has had historic vehicle use, but rather that is a valuable public safety and maintenance corridor between two of the City's most popular nature reserves, and the recommendation for vehicle access on it would be made regardless of the historic use. While the purpose of the Palos Verdes Nature Preserve is habitat conservation, the City, with strong public support, chose to open the Preserve to the public for passive recreational use. With public use, and especially use at the level the Preserve gets, and the fact that our most popular reserve areas are located in active landslides, effective management becomes necessary to protect both the resource and the public. Management includes enforcement, public safety, habitat/species conservation, maintenance, risk management, public education ... and much more. Per the Preserve planning documents, the City and PVPLC both have management roles. While PVPLC's role is habitat manager, the City's responsibilities include enforcement, public safety, and maintenance. In fact, the City is the agency ultimately responsible for the success or failure of the Preserve, including its natural resources. Staffs' goals are to protect this valuable and community cherished resource, and also the people using it. You are absolutely correct that its success requires harmonious management between the managing partners. 1 /. Please feel free to contact me directly. Thank you, Open Space Manager/Administrative Analyst II Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov From: Noel Park [mailto:noelparkone@gmail.com] Sent: Thursday, March 02, 2017 11:42 AM To: CC <CC@rpvca.gov> Subject: Agenda Item 1, 3/7 /17 Council Meeting I am strongly opposed to this Agenda Item. The staff report states that a "more transparent process" has been established to enable Preserve access issues to be addressed. That this is not true is illustrated by what happened after staff presented its proposed access plan at the January 18 Preserve Public Forum meeting. At the very next Council meeting a large number of stakeholders spoke out against the plan, a clear indication that there had NOT been effective public outreach or input. While they would be too modest to say so, I would remind you that those stakeholders represent families who, in aggregate, have contributed hundreds of thousands of dollars and hundreds, if not thousands of volunteer hours to the Nature Preserve. They are stakeholders in the strongest sense of the word. To rudely ignore their concerns is insulting, and clearly not the way we want to run our City. As the staff report correctly points out, the NCCP requires that an access plan be jointly established by the Land Conservancy, the City, the cognizant wildlife agencies, and other government entities and/or utility companies requiring access. This has not been done. To begin road development on a piecemeal basis in the absence of a plan would be improper and premature. The Nature Preserve is not an urban park. While Land Conservancy members and the City contributed substantial funding for its acquisition, State bond financing played a major role as well. The purpose of the State grants was habitat restoration and protection, and hopefully recovery, of threatened and endangered species. This is also clearly the mission of the NCCP. These goals are not advanced by introducing more motorized vehicles into the Preserve. I spoke out loudly in favor of contracting with the Sherrif for policing the Preserve. Now the law of unintended consequences has taken a hand. If I had known that it would result in this push to widen trails to let them ride around more in their Polaris, I might have kept my mouth shut. The idea of City staff riding around in their "Gator" is even more troubling. I direct your attention to the maps submitted by Ms. Eva Cicoriae documenting the untruth of the claim that the Conqueror Trail was previously a road. This proposal gives the strong impression of a tone deaf attempt by staff to go forward with its unilateral, unvetted, unapproved access plan on a piecemeal basis. By this means, it would outflank, and hopefully silence, the deeply concerned stakeholders. I devoutly hope that you will not allow this to happen. 2 Finally, I am bound to say that the whole tone of this staff report, and the events leading up to it, give a me a strong feeling of an impending power struggle between City staff and the Land Conservancy over control of the Preserve. The report characterises the role of the Land Conservancy as "habitat management". Well, the whole of the Preserve is habitat, including the road(s) and trails. Any change to the them, particularly increased use of motor vehicles, is a change to the habitat. There is no one more qualified to manage the Preserve than the Land Conservancy. The Preserve must be managed in a truly harmonious way by the Land Conservancy, the City, and the stakeholders, who have so much of their own money and sweat equity invested. For the City staff to try to shove its agenda down the throats of the others involved is a great mistake. It would only lead to greater problems and less than optimum results in the future. Thank you for your patience and consideration. Noel Park 6715 El Rodeo Road RPV 90275 3 From: Sent: To: Subject: Noel Park <noelparkone@gmail.com> Friday, March 03, 2017 11:45 AM Katie Lozano; CC Agenda Item 1, 3/717 Council Meeting This is in response to your email of 2/2/17. While presented in courteous language, the underlying message of your email is that the City intends to widen the trail, whether these critical stakeholders like it or not. This is unacceptable. The preliminary access plan presented at the sparsely attended routine meeting you referenced is supposed to be finalized by consensus of all of the partners. It provoked an immediate large response at the subsequent City Council meeting. Now a piecemeal implementation is proposed, with no prior notice to, much less consultation with, those partners. To call this a public and transparent process is, to put it in the most charitable possible terms, incorrect. If there is any sincerity in your closing statement. "You are absolutely correct that its success requires harmonious management between the managing partners", this is not the way to achieve it. Noel Park 6715 El Rodeo Road RPV 90275 1 /. From: Sent: To: Cc: Subject: Hello Ms. Raue, Katie Lozano Monday, March 06, 2017 3:11 PM Anke Raue (ankeraue@verizon.net) cc FW: agenda item for Tuesday Thank you for your email. Staff actually believes that restoring this vehicle access corridor will help deputies catch and correct motorized vehicle misuse in the Preserve. Our misuse patterns are that dirt bikes tend to come in illegally from the Forrestal entry points. Larger vehicles do not access this area likely because of the post placed in the center of the entry point (however this type of vehicle diversion device can be removed with a key by authorized personnel). Just a few months ago, Deputies encountered dirt bikes on Forrestal Drive (likely leaving Forrestal Reserve). If small vehicle access were restored to this trail, deputies would also be able to pursue dirt bikers entering Forrestal (this can't be done successfully on foot). Other vehicle use patterns we are seeing are dirt bikes entering from Palos Verdes Drive South into Lower Portuguese Bend, and recreational vehicles (like ATVs and golf carts ... and occasionally 4x4 trucks) entering from the private Portuguese Bend Community and Rolling Hills entry points afterhours. However, these recreational vehicles tend to enter the Preserve from private communities to off road or "play" a bit and then return. We don't anticipate them driving all the way over to Forrestal. We are working hard to correct this vehicle misuse, as it is very damaging to habitat and trails. One important way we are working to combat it is to analyze and address our numerous entry points (authorized and unauthorized) into Portuguese Bend Reserve. There are currently over 15 in Portuguese Bend alone. Thank you, Open Space Manager/Administrative Analyst II Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov From: Anke Raue <ankeraue@verizon.net> Sent: Sunday, March 5, 2017 5:02:33 PM To: CC Subject: agenda item for Tuesday Regarding staff report on widening of Conqueror Trail: most of the Reserves are getting more intensive usage every year, generating costly maintenance problems and destruction of habitat! At first reading it makes sense to allow ways for sheriff patrols a faster response opportunity, but on the flip side it surely will also invite an increase in "scofflaws" with motorized vehicles using the PVDrive/ Forrestal/ Del Cero drive through! We implore you to think about this very carefully! 1 /. Sincerely. Jorg and Anke Raue 28813 Rothrock Dr RPV 2 From: Sent: To: Cc: Subject: Hello Ms. Cicoria, Katie Lozano Monday, March 06, 2017 3:21 PM ginnymayc@gmail.com CC; 'Andrea Vona' (avona@pvplc.org) FW: Conqueror Trail in the PV Nature Preserve Thank you for your email and your long-time support of the Palos Verdes Nature Preserve. Staff agrees that it would be ineffective to rely solely on law enforcement to correct environmental degradation caused by public use in the Preserve. Effective management includes enforcement and so much more-and management tools become even more necessary in open space areas that are governed by Natural Community Conservation Permits, because the City will be held to more stringent standards for habitat and species conservation by the state and federal governments. However, we are finding right now, that our Preserve Deputies are providing a high level of service that is very effective. While the goal is to govern the Preserve consistent with its founding principles, we're finding that a higher level of management is necessary than what was originally anticipated largely because of the unexpected popularity of the Preserve and increasing level of use (mostly by visitors from the larger LA County area-who are unaware of the Preserve's founding principles). This is resulting in repercussions on Preserve natural resources, safety, and neighbors, such as the noise and parking impacts to Del Cerro neighbors, cliff jumping deaths at Abalone Cove, trail damage because our trails are not designed or engineered to withstand the level of use they are getting, and more. In fact, the City currently spends more than three times its originally projected budget on Preserve management. However, we are not alone in that exhaustion of natural open space areas is a top trending concern California land managers are working to address, because communities love and want these areas. The City and PVPLC will need to review and implement adaptive management strategies to protect this resource moving forward. Regarding the specific Conqueror Trail Project, repairing this road would not result in a net increase of vehicle activity in the Preserve, rather it would create connectivity for enforcement where it is specifically needed between 2 of our 3 most heavily used Reserves: Portuguese Bend and Forrestal. The last substantial increase in vehicle use in the Preserve was in 2009, when the City chose to provide dedicated enforcement in the Preserve. City Staff is dedicated to working with our management partners to look at effective management practices that will best protect the Preserve, its visitors, and the principles on which it was founded. Please feel free to contact me directly. Thank you, Open Space Manager/Administrative Analyst II Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 Js.atifil@mvca ._ggy From: Virginia Cicoria <ginnymayc@gmail.com> Sent: Saturday, March 4, 2017 12:03:23 PM To: CC 1 /. Cc: Andrea Vona Subject: Fwd: Conqueror Trail in the PV Nature Preserve Honorable Mayor Campbell, Mayor Pro Tern Duhovic, and Councilmembers Brooks, Dyda, and Misetich, The founding vision for the Palos Verdes Nature Preserve was a place for quiet retreat in natural open space. That vision began to be realized with the establishment of a nature preserve that offers retreat to not only people but to rare and threatened birds and butterflies. While there will be threats to that vision from time to time, we--RPV, PVPLC, law enforcement, and volunteer caretakers of the Preserve--should keep our eye on the vision and implement practices to facilitate that vision, erring on the side of less urban intrusion, rather than responding by building infrastructure and introducing vehicles to control Preserve visitors and their behavior. If you approve the proposal to build a throughway down Purple Sage Trail and Conqueror Trail to Klondike Canyon Trail, you will set the Preserve on a course that we don't believe we will be able to recover from. This is not hyperbole. You will be saying, in effect, that the only way to protect the Preserve and the people in it is to have vehicles driving around in it. I don't believe that is true. The Volunteer Trail Watch boots-on-the ground method supports maintenance, public safety, enforcement, and education while having minimal impact on the ground or on the nature of the Preserve. And the program has grown to 75 members at present. It is within your power to help chart a course for the Palos Verdes Nature Preserve that is consistent with the vision of those who founded the Land Conservancy and the Preserve and those who continue to support it. Please leave this trail segment to be a trail and not a road. Very truly yours, Virginia Cicoria cc: Andrea Vona, Executive Director of the Palos Verdes Peninsula Land Conservancy 2 From: Sent: To: Cc: Subject: Attachments: cicoriae@aol.com Saturday, March 04, 2017 8:13 PM cc avona@pvplc.org Conqueror Trail Appendices A and B.pdf Mayor Campbell, Mayor Pro Tern Duhovic, and Councilmembers Brooks, Dyda, and Misetich, City Staff commenced a project to widen a segment of Conqueror Trail (the "Trail Segment") for vehicle access in early December 2016, with the justification that they were simply maintaining an existing roadway. City staff insists that "the entire trail accommodated vehicle use in the 2004-2006 timeframe, prior to continued storm runoff damage." Evidence I submitted by letter dated January 25, 2017 shows that the Trail Segment was too narrow to accommodate vehicle use before, during and after that time frame, and that what staff is actually asking you to approve is conversion of the Trail Segment to a roadway for motorized vehicles. Appendix A, attached, provides further evidence of that. I believe, and terms of the Conservation Easement agree, that vehicle use in the Preserve should be severely limited. I'm aware of cactus wrens and California gnatcatchers just off Conqueror Trail in the area we're discussing and I don't believe vehicles should be frequenting that area on a regular basis. Moreover, I will show you some photographic evidence of the damage vehicles have done to the Preserve's habitat, topography and scenic landscape, undermining our preservation and protection efforts. City staff asserts that a road throughway is needed for public safety. I'm going to show you that assertion is suspect. I hope that in the end you agree that not only is a vehicle access road across the Trail Segment not needed, it is counterproductive to our preservation efforts. VEHICLE USE IN THE PRESERVE SHOULD BE SEVERELY LIMITED. Every vehicle trip through the Preserve has impacts--impacts on the trails, habitat, and trail users' enjoyment and sense of tranquility. Vehicles bring dust, noise and an increased sense of urbanization of the Preserve. Vehicle trips may also represent stressors that have impacts on threatened species. Vehicles, authorized and unauthorized, routinely widen trails, even when the trails are already 10 feet wide, by going off trail to get out of the way of trail users or to park. Unauthorized vehicles have entered the Preserve at vehicle access points, then continued onto narrower trails and done considerable damage. Errors have also been made by personnel authorized to enter the Preserve with their vehicles. These errors have had an enormous impact, creating visual blight, trashing habitat, shutting down trails at times, and adding a large maintenance and repair burden. Habitat restoration is slow and topography rehabilitation simply doesn't happen, so the public feels the impacts of these vehicle assaults for many years. These impacts are many multiples of the impact of a hiker, horse, or bike off trail. There is considerable photographic evidence of this over the years. I refer you to Appendix B, attached. There is no dispute that some vehicular access into the Preserve is necessary, but vehicular access in the Preserve is extensive and growing, much of it simply because in the moment it is easier and City staff is accustomed to it in managing parks. There is a heavy cost, though, both on the ground and to the quality of the trail user experience. THE STAFF CLAIM THAT A ROAD THROUGHWAY FROM FORRESTAL TO PORTUGUESE BEND/ RESERVE IS NEEDED FOR PUBLIC SAFETY IS SUSPECT. 1 • 1) In a true emergency, fire and law enforcement personnel will go where they need to be whether the area is accessible by road, trail or otherwise. There are many areas of the Palos Verdes Nature Preserve that are not accessible by dirt road; there are areas that are not even accessible by trail. We don't know where a particular emergency may occur in the future and to plan vehicle access roads in anticipation of emergencies that may or may not occur makes no sense in a nature preserve. 2) Sheriff deputies are not seeing a lot of activity in the Preserve that raises public safety concerns. I refer you to the RPV/LASD Deputy Activity Reports. Sheriff deputies have issued citations to very few Preserve visitors over their first six months of patrolling in the Preserve. The RPV/LASD Deputy Activity Reports indicate that over the six months from July-December 2016, in 1,568 hours of active patrol, Sheriff deputies issued 41 citations. Citations were issued for dogs off leash or on the beach, people off trail or in closed areas, and bikers on non-bike trails. It's reasonable to infer that the deputies are not seeing a lot of crime in the Preserve. The reports mention assist events, but don't elaborate, except that on one occasion they indicate that the deputies assisted LACF with a rescue at Abalone Cove. I don't believe there is any dispute regarding the necessity for the Beach School and Olmstead vehicle access roads in Abalone Cove. Moreover, the City staff presentation at the Quarterly Public Forum (page 14 of the power point) indicated that the Sheriff is not asking for more vehicle access. 3) Sheriff deputies' use of an off-road vehicle to patrol the Preserve may be as much (or more) of a hindrance to improving public safety and rules compliance as it is an aide. I do see quite a bit more activity in the Preserve that I believe would be subject to citation under RPV ordinances beyond what the Sheriff citations suggest exists. Why is that? The Sheriff relies primarily on visibility as a deterrent effect, rather than on citations. The Sheriff's presence (visibility and noise from their Polaris) deters rule-breaking activity while the Sheriff is present--no rule-breaking translates to no citation. But visibility is only a temporary deterrent; people revert to rule-breaking when the Sheriff is out of sight. That's when I and others see people violating rules, and often on the more narrow trails. I believe the Sheriff would be more effective wandering the trails on foot, equine, or bike, issuing more citations that are likely to have a more lingering effect than the sighting of a Sheriff vehicle. Here's an example: The October-December Deputy Activity Report states that "Fossil Trail and Exultant Trail are being monitored at random times, from the intersection of Forrestal Drive and Main Sail Drive .... Cyclists have been observed riding in the reserve, but none have been seen on Exultant Trail." Most sightings I've had of cyclists on Exultant Trail (a narrow, non-bike trail) have been when I'm on the trail itself, not from the road. It is unlikely that a cyclist would be so bold as to ride on a non-bike trail when they see the Sheriff watching the trail. 4) In those few instances when use of a vehicle might seem to be desirable to chase down somebody travelling faster than the Sheriff deputies can on foot, one has to ask whether that improves or threatens public safety. Do we want the Sheriff speeding through the Preserve on their Polaris in order to catch a rule-breaking mountain biker? That would escalate the public safety concern it seems to me. Enforcement issues should be identified and discussed before the Preserve is permanently altered to accommodate law enforcement vehicles (and very likely other vehicles in the future). I want to continue to support our deputies and there are enforcement issues, such as the tendency of Preserve visitors to not carry ID, which should be addressed. Providing another road for the Sheriff is not going to solve them. As for maintenance, each of the Reserves in the Preserve has access from one or more adjacent roads. Forrestal has access from Forrestal and Main Sail Drives; Portuguese Bend has access from Crenshaw 2 and Palos Verdes Drive South; Filiorum has access from Crenshaw and Pacifica, Three Sisters has access from Ocean Terrace Drive and Barkentine Road, Abalone Cove has access from Palos Verdes Drive South, etc. The downsides to having a shortcut for vehicles across the Reserves from one to another far outweigh the benefits. Last, City Council asked for civic involvement. The community of people who want to take care of and improve the Preserve has delivered its involvement, but our support is for a nature preserve, not an urban park. Please join us in our endeavor to make the Palos Verdes Nature Preserve the best it can be and do not approve an escalation in vehicle use of any kind in the Preserve, including this requested roadway development. Ultimately, these efforts will accrue to the benefit of the City of Rancho Palos Verdes. Thank you for your time and consideration. Eva Cicoria 3 Appendix A Trail Segment is not a Roadway City staff claims that the aerial photos I submitted on February 25, 2017 “can be misleading because of brush that has grown over and because . . . the vehicles were not used frequently.” If you look at the many years of aerial photos I provided, there isn’t much change in the width of the Trail Segment over the years, regardless of season—certainly not enough to accommodate a Public Works vehicle. Following are some from-the-ground photos showing the width of the Trail Segment in 2015 and 2016 (prior to staff commencing work), illustrative of the width of the Trail Segment over the previous decade. Photo of part of the Trail Segment, taken 3/13/15 For perspective on how wide the Trail Segment was before widening commenced in December 2016, we measured the gabion width. It is just under 3’ wide. This photo, taken on 3/13/15, shows part of the Trail Segment at issue (part that City Staff widened in December 2016). Because the photo was taken to show litter off the trail, it isn’t a direct shot of the trail. It does clearly show the gabion. The gabion is just under 3’ wide, so the trail along here was something less than that in width. Not counting the gabion, this canyon crossing is now about 7-8’ wide, so the trail was widened by at least 4’ and probably 5’. The aerials do show that this short stretch at the gabion was widened in the 2008-2009 timeframe, but that widening did not extend beyond the gabion into the remainder of the Trail Segment. This 7/22/15 photo shows the same segment of Conqueror Tr., shows how narrow the Trail Segment was (“single track”) beyond the gabion, and shows that the hillside was being denuded by bikers riding up the slope as they rounded the bend, creating what they call an “eyebrow”. Trail Segment 7/22/15 Trail Segment 6/10/16, showing the original trail bed and erosive effects caused by natural erosion and bikes riding up hillside. The Trail Segment 12/10/16 after grading. Trail Segment 1/30/17 The remainder of the Trail Segment City staff seeks to widen (photo 3/3/17). Leave it a trail, not a road. Appendix B Vehicle Impacts in the Preserve More vehicle use is not going to protect the Preserve. Case in point, Burma Road. Burma Road didn’t always look like this. One impact related to vehicle use is road grading. This photo (from 6/10/16) shows how Burma Road has been graded from time to time to eliminate ruts and accommodate vehicles. That grading scrapes away soil, leaving the trail lower than the landscape. When vehicle access roads are graded to lower than the adjacent landscape, the trail users‘ view is impacted, so they tend to migrate off trail to higher ground, creating parallel trails as shown in this photo of upper Burma Road. Another impact of vehicles is when they routinely pull off trail to allow trail users to pass. This pulverizes trailside habitat, which then begins to look like part of the road and is used by others as such. No matter how wide a trail already is, it is not immune from trailside impacts of vehicles. No matter whether the trail is already 7, 10, or 20 feet wide, trucks and other vehicles routinely pull off trail to park and to turn around. Water Tank Trail and Peppertree Trail, showing signs of vehicles pulling off trail or turning around. The landscape is eventually denuded and vegetation cannot thrive, as seen here with this buckwheat struggling under vehicle impact off Peppertree Trail. Most frequently, the damage is done by authorized vehicles, such as by this truck pulling off trail in Abalone Cove Reserve, damaging a restoration area. October 2011 June 2016 More vehicle use is likely to increase these incidents. You may recall an incident several years ago, when a contractor reportedly drove up the wrong trail, widening it and doing enormous damage to a segment of Peppertree Trail and much of Toyon Trail, neither of which were vehicle access roads. After years, Toyon Trail was “fixed”, but it will be many years before the native vegetation is restored. Peppertree Trail remains altered by that incident and subsequent use. An incident on Panorama Trail, (photo late March 2016) is suspected to be an authorized vehicle on the wrong trail. In June 2016, Public Works reportedly erroneously conducted work on a different section of Conqueror Trail. •On a Wednesday, there was evidence of a large tractor and another vehicle on Klondike Canyon Trail impacting the trailside. •On Friday of the same week, the same tractor tread was found on Conqueror Trail and Purple Sage Trail. •We later learned this was Public Works at work. •The damage remains today. Conqueror Trail Incident (photo 6/10/16): Public Works dug into the hillside apparently to get soil to fill a rut. Off of Conqueror Trail 6/10/16 Do you recognize this? It is Conqueror Trail 6/10/16, with the Trail Segment in the background of the Public Works debacle. Imagine what might have happened had the Trail Segment been wider at this time and this worker had decided to try that route. Purple Sage Trail 6/10/16: Public Works apparently sought to collect dirt from here, too. None of this has been repaired or restored. Unauthorized users have also caused damage after entering the Preserve on vehicle access roads. A January 2016 incident on Garden Trail damaged the trail and the adjacent landscape and crushed cactus plantings. January 2016 Incident on Garden Trail January 2016 Incident on Garden Trail January 2016 Incident on Garden Trail In an April 2016 incident, an unknown vehicle decimated trailside habitat on lovely Landslide Scarp Trail (photos 4/7/16) after coming up wider Peppertree Trail. April 2016 Incident on Landslide Scarp Trail April 2016 Incident on Landslide Scarp Trail ( This is Purple Sage Trail, which runs between Conqueror Trail and Main Sail Drive in Forrestal Reserve. Routine vehicle use of this trail would be a threat to this trail, the adjacent habitat, the cactus wrens and California gnatcatchers that inhabit the area, as well as a threat to the trail user experience. From: Sent: To: Subject: March 4th 201 7 Members of City Council Joan Kelly < katelinkelly649@gmail.com > Monday, March 06, 2017 1:40 PM cc Conqueror Trail Widening I am very concerned about the widening of the section of Conqueror trail and any further widening of trails in the Palos Verdes Peninsula Land Conservancy Preserve. I feel that we are sending a mixed message to the public and setting a precedent I am a trail Watch Volunteer and I have been asking and educating hikers and bikers to stay on trail. This is especially vexing during the dry spells as the trails are more difficult to define. It is our purpose to encourage the public to stay in the bed of these trails and not encroach on the delicate vegetation at the trail margins. This may all seem trivial but it isn't. Wild life depends on our vigilance and support. A widened trail becomes wider and wider over time and there is no going back. Look at what has happened to the Burma trail going down from Del Cerro. It has become so wide now that it has actually become two trails side by side. Overkill to coin a good phrase I have donated a lot of my time to the Volunteer Trail Watch and I am embarrassed to see a sudden widened trail that I was not notified of and to have a member of the public asked me about the widening Oops I did not even know and what could I say!!. Members of the public are becoming confused, unsettled and upset. Afamily living near me has cut their funding to the Conservancy altogether because she is petrified to ride her horse up there any more. On top of bikes now motorized vehicles and extra widened trails. Where is our peace and tranquility gone? Little by little this precious resource is being peeled away. I fear that this will affect the ongoing funding to the Land Conservancy if this trail widening is for access for maintenance I feel much can be done using a small motorized cart accessed from a truck that can be parked at an access point nearby. Trail widening is a big deal and it should be done through the same due process as any road widening and allow for public input. The parks are our parks and we all should have a say We have worked SO hard over the years and this is a slap in the face. Our object is to protect all the wild life and maintain a peaceful environment for all. This is the last remaining open space between the Santa Monica mountains and Laguna Beach. So here are my questions Is a trail widening absolutely necessary for safety issues? if so why? For maintenance issues? On record how often have they required this kind of access? What guarantee do we have to averting this happening in the future on other trails? Thank you Joan Kelly katelinkelly649@gmail.com 1 From: Sent: To: Subject: Attachments: Katie Lozano Monday, March 06, 2017 3:51 PM CityClerk FW: Letter for Conqueror agenda item 3_7 _2017 Conqueror Agenda Item.docx Late correspondence from Mr. Lo he it for the Conqueror Trail agenda item. 1 / Councilwoman Brooks, I am writing this letter in support of the Staff recommendation to complete work on the Conqueror Trail, and taking the opportunity to add input on the link between this single task and my view on creating a comprehensive management plan. The Conqueror work supports a vital connection between Portuguese Bend and Forrestal as it relates to best management practices. It also represents an incremental step in expanding management practices to include the whole as opposed to individual pieces. In order to protect the resource in its entirety, it is necessary to manage the resource. In order to manage the resource, it is necessary to have the management tools. For consistency and the ability of the public to see how public land is being managed tools are documented in the form of policies, procedures and processes. As the local public entity charged with oversite of public land within it's boundaries the City has the responsibility to provide the necessary leadership so that management tools are developed and implemented consistent with protection and public use. From a management perspective the work on Conqueror Trail has roots in the ability to effectively traverse between Portuguese Bend and Forrestal with a minimum of response time. This can be critical when public safety is involved. Transport or access time during an emergency may literally be the difference between a life or death situation. In a realistic situation First Responders present in Portuguese Bend must exit via Crest Road or Palos Verdes Drive South in order to access Forrestal if they use any transportation mode other than by foot. Several minutes of response time can be saved by the simple inclusion of improving Conqueror to allow for the Sheriff's quad or other First Responder personnel access between the sites. As mentioned earlier the work on Conqueror is only a piece of a comprehensive management plan that needs to address all elements of public land. Current management practices have ample room for improvement and the City should be looking at improving existing tools, and defining and developing the additional tools essential for management best practices. I would recommend and encourage that City Council support Recreation, Parks and Open Space as the lead to define, develop and document a comprehensive management plan. The Recreation, Parks and Open Space staff under Cory Linder's leadership and open space experience is well positioned to take the task on. As you may be aware I actively support the City and PVPLC with guidance, direction and labor not only for trail maintenance but management advice as well. With the recent rains several people have contacted me with questions on what do we do? This includes questions from City staff, PVPLC, and individuals who know me. There also seems to be a desire to fix things with an underlying urgency. I recognize the desire, however I'm reminded of the current statements both the City and PVPLC refer to in the PUMP document: there is "no obligation" to maintain trails. Now that the rain has exposed multiple maintenance issues, it has also exposed the issues with the "no obligation" philosophy. Trail maintenance is a required effort in public land management. An unmaintained trail can become a safety issue and an increased risk to the public if left unaddressed. Trail maintenance is preventative and addresses issues before they become safety concerns. Maintenance is a crucial part of risk management and another tool in the management box. To clarify my position, I will continue to support trail maintenance and management as described above through my volunteer efforts. My rationale to continue is not primarily based on interaction with the City or PVPLC, it is because after 30 years of National, State and local engagement clearly the public expects its managing agencies to embrace, support and maintain the trails they use. The "no obligation" and public expectations are an intersection that should not be reliant on volunteer efforts to address. The desire to effectively manage public land and trails should be driven by the City Council. I would argue that the City does have an obligation no different than any other public services offered. Recent steps put in place by Recreation, Parks and Open Space are aligned with public services infrastructure. In particular, the Open Space Management is a tangible tool that is already showing a positive return. Like other plan elements OSM is one tool of many however my opinion is we still have opportunities to add to the toolbox. From an outside perspective OSM has all the criteria of an obligation (funded staff whose duties have included trail maintenance). With the maintenance role OSM is playing it would be a positive step for the City Council to revisit the need for such a statement of "no obligation". Developing a comprehensive management plan will take focus and time. It does not have to be a burden as there are multiple resources, experience and documentation to draw from. California has been managing public lands of every type for over 100 years. The key is pulling the applicable resources, information, facts and data together and tailoring to the local needs. This is not an unknown process, it just needs the proper advocacy and support, and that starts at the City Council level. Public land has to be managed for all the public. Based on my experience I contend the open space is arguably a regional public resource despite some local viewpoints to minimize public access. Acceptance of the fact that a plan has to manage to the broader public presents a challenge, but does not diminish the task at hand. Part of the challenge includes integration of the NCCP. The NCCP is a conservation plan, not a management plan, and is yet another tool in the toolbox. Like any tool, it can be misused. Our collective objective is a plan to maximize all the tools for the public benefit and resource protection. This includes looking at how to balance competing interests and occasionally making the hard decisions that meet the primary goals and objectives for the public at large while remaining in compliance with existing policies. I also recognize the potential funding and resource implications of developing a comprehensive plan. This is where drawing upon existing information plays a significant role. Leveraging work already done goes a long way in establishing a working draft plan. Networking with other agencies experiences, lessons learned, and established documentation requires only research and contact. Once compiled the tailoring step can begin and lead the way to an established plan. Networking and material gathering can be accomplished through a collective effort where my experience may be of benefit. There is no short-term solution. This is a constantly evolving effort. What is necessary is to start with a baseline to guide the way for future management and define the expectations for a clear, consistent, pro-active management philosophy to assure future generations will enjoy their public lands. I will continue to offer my support to help provide advice or guidance towards a management plan. Thank you for your time, Kurt Loheit -----Original Message----- From: Matt Waters Sent: Friday, March 03, 2017 10:08 AM To: Yvettawill@cox.net Cc: Cory Linder <CoryL@rpvca.gov>; Matt Waters <MattW@rpvca.gov> Subject: RE: Bubbles and white sided dolphins Hi Yvetta, Thanks for your comments. The conceptual designs shown in the Staff Report and Attachment Bare not final designs or even designs were necessarily considering. They are essentially visual aids for the Council and public to get a better sense of the location and scale of the potential sites. If approved, we would be seeking the services of a professional designer to come up with a design. Happy to include Paul in the mix when and if we get to that stage in this project. Sincerely, Matt Matt Waters Senior Administrative Analyst City of Rancho Palos Verdes Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.palosverdes.com/rpv mattw@rpvca.gov -{310) 544-5218 p -(310) 544-5291 f -----Original Message----- From: Yvettawill@cox.net [mailto:yvettawill@cox.net] Sent: Thursday, March 02, 2017 7:20 PM To: Matt Waters <MattW@rpvca.gov> Subject: Bubbles and white sided dolphins BUBBLES Page 4 drawing is UGLY. Throw that concept away. Also Bubbles is much longer than what is shown. This location is good. if Bubbles is laying down people would be much more likely to want to get on top of it. It would be nice to use Bubbles and the two white sided dolphins which we have. One of our docents Paul is a designer and he would like to work on a concept. Please give him time to see what he comes up with. It would show off the best the way Marineland showed it. Bl It is a lot taller than any of the design concepts showed. B7 is ugly and would be a mistake.Don't like the heart shaped base. See what Paul comes up with . He is a very good artist and designer. An idea, but let us do it right!!!! Yvetta Williams 1 {l. From: Matt Waters Sent: Friday, March 03, 2017 1:35 PM To: Ann Zellers <AnnZ@rpvca .gov>; Daniel Trautner <DanielT@rpvca .gov >; Emily Rodin <Emi lyR@rpvca.gov > Cc: Paul Port <paul@rubjoemeat .com >; Cory Linder <Coryl@rpvca .gov >; Yvettawill@cox .net ; Matt Waters <MattW@rpvca.gov> Subject: RE: bubbles option Hi An n, Thanks for forwarding me this email. Pau l's ideas will definitely be considered if Council approves moving forward with this project. I did receive an emai l from Yvetta already. Both emails will be added as late cor respondence for the March 7 Council meeti ng next week. Sincerely, Matt From: Ann Zellers Sent: Friday, March 03, 2017 12:52 PM To: Matt Waters <MattW@rpvca.gov >; Daniel Trautner <DanielT@rpvca .gov >; Em ily Rodin <EmilyR@rpvca.gov > Cc: Paul Port <paul@rubjoemeat.com > Subject: FW: bubbles option Hi Matt, Some of my docents looked at the draft of ideas for where to place Bubbles that Dan sent to all of us . I know you heard from Yvetta on this. Regarding Paul Port's ideas, some of them are below . Please note that he thought there were 3 whitesided dolphins when there are actually 2. He also said, that if the figure was cemented in the ground correctly it might weather any freak storm we sometimes get. Just some thoughts, please consider. And, please let me know you got this. Thankyou, Ann Zellers From: Paul Port [mailto :paul@rubjoemeat .com ] Sent: Thursday, March 02, 2017 10:47 PM To: Ann Zellers <AnnZ@rpvca.gov > Subject: bubbles option Ann, Per our conversation, I think the attached( first picture below) is the best location for Bubbles. I see the need to be "understated" in locating of the sculptures (i.e., NO big bases, fountains, walls, waves, etc). the only thing that might be needed is a 4-6 foot high fence around the "land island". I feel that Bubbles should not be located in the front or entrance area of PVIC , it would be better if it were a little surprise as you walk the grounds around the center. The other location would between the 4 palms to the left of the center, it is also surrounded by picnic tables. Note that the scale might not be exact. Regards, Paul 1 4 Palms to the left of the center 2 From: Sent: To: Cc: Matt Waters Monday, March 06, 2017 3:32 PM BW Riedman Subject: Nathan Zweizig; Teresa Takaoka RE: Placement of Bubbles Hi Betty, Thanks for your feedback. Your email will be included as late correspondence. Thanks, Matt From: BW Riedman [mailto:rabbit943@gmail.com] Sent: Sunday, March 05, 2017 1:21 PM To: Matt Waters <MattW@rpvca.gov> Subject: Placement of Bubbles Hi Matt I am writing pertaining to the proposed placement of the Bubbles statue at Lower Point Vicente. As you know, I am a Volunteer with the Los Serenos docents and, as such, am at PVIC a lot. I do know that the Marineland Exhibit inside PVIC is a major attraction to the visitors to the Center and the Bubbles statue would be a nice enhancement. However, I do NOT want the City to pay for this! Unless someone is willing to step up to the plate and totally absorb the cost of refurbishing and placing the statue (once a site has been determined), the City should not be spending money on this when there are other more pressing enhancements that can be made to the Interpretive Center. That being said, I think that locations 2 or 4 would be the best choices to place the statue. They do not present a driving hazard and people could easily take pictures with and of Bubbles without causing any disruption. Re Location 2 - I do not understand the Con of it being "accessible by public" - I would think that is what you would want. And as for the location being "incongruous" because of the palm trees, I would think it would depend on which direction from which you are looking. Certainly in the front of Marineland, there wasn't an ocean view and here there would be. Re Location 4 -I do not comprehend the Cons on this site either. How is it visually distracting -visually distracting from what? From the amphitheater? Mostly when at the amphitheater, one is looking towards the ocean, not towards the homes. Actually, looking at the proposed location, the existing trees would block the view of the statue from the amphitheater and I don't know what the scale has to do with it. Plus, because it's to the SIDE of the amphitheater, it's not all that visible or distracting and it does NOT take away from the coastline view as it's not between the walkway and the ocean view. Locations 1 and 6 --I agree -these would present big driving hazards. Location 3 --The cons have merit and it would create a driving hazard if people (particularly children) were running across the road to see it. 1 i Location 5 --I think this is a BIG NO NO. In addition to the weddings and other functions that take place at PVIC and the thousands of photos taken from that side of PVIC of the ocean, sunsets, the lighthouse and Catalina Island, that statue would not be a good addition to those photos. I, for one, would not want that statue in my photo if I'm trying to take a photo of any of the above stated objects. Unfortunately, I cannot attend the City Council meeting to voice my concerns and it's my understanding that you will put my email in late correspondence for the Councilmembers to consider. Thank you. Betty Riedman 3668 Cliffsite, RPV 2 From: Matt Waters Sent: To: Monday, March 06, 2017 3:35 PM Natalie Cc: Subject: Cory Linder; Nathan Zweizig; Teresa Takaoka RE: Bubbles Dear Ms. Massey, Thank you for your email and comments regarding the potential placement of the Bubbles statue. Your email will be added as late correspondence for tomorrow night's meeting. Sincerely, Matt Waters Senior Administrative Analyst City of Rancho Palos Verdes Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.palosverdes.com/rpv mattw@rpvca.gov -(310) 544-5218 p -(310) 544-5291 f From: Natalie [mailto:2natalie@cox.net] Sent: Saturday, March 04, 2017 7:42 PM To: Matt Waters <MattW@rpvca.gov> Subject: Bubbles Dear Mr. Waters, I am a volunteer for the Los Serenos organization and also a volunteer for the American Cetacean Society (ACS) Gray Whale Census and Behavior Project. I am a resident of Rancho Palos Verdes. As a member of the Los Serenos organization, I was provided a copy of the staff report for the refurbishment and installation of Bubbles and we were asked to submit any comments to you. First, I want to say I am thrilled that RPV is considering this project. As a child growing up in PV, our family often went to Marineland. The Bubbles and dolphin statues at the entrance were always a delight to see. In recent years I worked on the PVIC Marineland exhibit as it was constructed. The ACS gray whale census project is conducted from the back patio of PVIC. We not only count the whales, we also interact with the guests who are visiting the center. There is no question that our project is an important element of the visitor experience. We help the visitors spot the whales and also provide valuable information about the whales as well as answer their many questions. 1 I reviewed the 6 locations identified as possible sites for Bubbles and agree that option 3 is the best location. But I would like to add some concerns about options 4 and 5. Especially location 5, the overlook. It is imperative that we have visibility of as much ocean as possible as we track, identify and record each whale sighting. Location 5 would severely block some of the most important and critical viewing area of our project. But equally important, that area is used by most visitors to view the spectacular ocean. To block or obstruct that particular viewing area would be very unpopular. Location 4 by the amphitheater might (depending on the final location) obstruct a portion of our viewing area to the north. I propose that location 5 be completely removed as an option. It should not be considered as a location for Bubbles. I agree that location 3 is the best option, but I would like to see an alternate design in that location with Bubbles erected in a vertical position as she was at the Marineland entrance. That is how we will always remember her. I wish I could attend the upcoming city council meeting on 3/7/17 but I have another commitment that evening. Thank you for your time. Very truly yours, Natalie Massey 310-377-1734 2 From: Sent: To: Subject: Rod Uyeda < relaxinrod@gmail.com > Monday, March 06, 2017 7:57 AM cc Social Host Ordinance I will probably not be able to make Tuesday's meeting, however, I do really like the "revised" ordinance as put forth in the Staff report for Tuesday. I also strongly agree with both of Mr. Siegel's points. Thank you for showing strong leadership and leading the way on the Peninsula! Rod Uyeda Chief of Police Manhattan Beach (retired) Resident of RPV 1 -----Original Message----- From: Kit Fox Sent: Monday, March 06, 2017 8:42 AM To: Teresa Takaoka <TeriT@rpvca.gov> Subject: FW: Social Host Liability Ordinance Late Correspondence on Item 4 Kit Fox, AICP City of Rancho Palos Verdes (310) 544-5226 kitf@rpvca.gov -----Original Message----- From: Sandra Valeri [mailto:smhvaleri@cox.net] Sent: Wednesday, February 22, 2017 6:53 PM To: CC <CC@rpvca.gov> Cc: Gabriella Yap <gyap@rpvca.gov>; Doug Willmore <DWillmore@rpvca.gov> Subject: Social Host Liability Ordinance Dear Council Members, I want to thank you all for your avid support last night in support of enacting a social host liability ordinance. The speed in which you responded to this request from the community is phenomenal. Though not said at the meting, it is our ardent wish to have ordinances in place before the Prom and Graduation season begins. I don't know if that is possible or not, but your quick reaction gives us hope. Also I want to assure you that the PVP Council of PTA's is addressing all the other cities on the peninsula to enact similar laws. We have already contacted council members at all the other 3 cities. We are actually on the agenda for an upcoming PVE meeting to explain the facts and reasoning behind the request of implement these ordinances. We wholeheartedly agree that for this to work, it needs to be a united front. The following comments reflect my own personal opinion; I'm not speaking officially for the Council or any group. I think RPV staff did an outstanding job drafting this ordinance. And I appreciated the scrutiny that you and members of the public gave the draft ordinance. I really like the idea of including a "good Samaritan" clause. I think it's important that everyone knows that they should never pause in calling for life saving assistance. Removing "loud and disorderly" is also a good call. Even though most of the drinking parties tend to be huge loud affairs, a smaller gathering should not be exempt if it is reported. I don't think the "cultural" exemption to the rule is a problem as Council member thought it might be, because it ONLY applies to parents or guardians and their own children. To use last night's example: an Irish parent may feel it is culturally appropriate for their child to toast St Patrick and the removal of the snakes with an alcoholic beverage. That would be protected under the "cultural" clause. However inviting all the neighborhood children to join in this toast and drink is NOT covered under the current cultural wording. Personal confession: My parents found it "culturally appropriate" to give me 1/2 a glass of champagne on important occasions (about 3-4 times a year) when I was growing up. While not "religious", this type of personal parenting choice should still be excluded from the ordinance. I personally think the wording as it stands is good. Please reread it, and see if staff or city attorney think I am interpreting it correctly. 1 l/ I also appreciated the comment from the community member who was concerned that the ordinance be tailored narrowly enough to prevent an innocent homeowner from being charged. With these parties spreading by social media, kids could show up at the wrong address, purposely send kids to the wrong address as a prank or with malice, a mob could crash a small private party, or break into a vacant home to party. If a homeowner or resident "self-reports" a mob of underage drinkers invading their property, maybe they should also be exempt? I do believe that we should amend this ordinance in the near future to also apply to marijuana, but I'm glad that you decided not to delay the initial implementation for those changes. The opioid issue is also very important. I'm not so sure that it belongs in the social host ordinance, because it's not usually a drug which adults are providing at parties. It is a very important topic to address, but I think it will need some more study to better understand how opioids are being used in our community, by who, when, where, and how are they getting them.We certainly can't stand idly by while this epidemic claims our children. I also think a couple very good points were made last night about holding the kids personally responsible for their own choices and actions too. Ticketing the parents at a party may not be enough. Besides breaking up parties, maybe our deputies should set up sobriety check points as the kids are leaving? Most of our kids are "good", and they want to get into top colleges. They really don't want a stain on their record. The possibility of getting a DUI or drinking underage ticket, might be enough to get a lot of these kids to make other choices. Besides, when a party is broken up, do we really want to just send a lot of impaired teenage drivers onto the streets? Something to think about. Thank you again for all your hard work on behalf of our community. Sandy Valeri 2