CC SR 20221101 01 - Portuguese Bend CVC Enforcement
PUBLIC HEARING
Date: November 1, 2022
Subject:
Consideration and possible action to adopt a resolution authorizing the Los Angeles County Sheriff’s
Department to enforce provisions of the California Vehicle Code (CVC) on the private roads owned
and maintained by the Portuguese Bend Community Association (PBCA).
Recommendation:
Adopt Resolution No. ___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, APPLYING TRAFFIC AND PARKING PROVISIONS OF THE CALIFORNIA VEHICLE
CODE TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS WITHIN THE PORTUGUESE BEND
COMMUNITY ASSOCIATION.
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Bradley
3. Request for Staff Report: Mayor Bradley
4. Staff Report & Recommendation: McKenzie Bright, Administrative Analyst
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Bradley
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITYOF RANCHO PALOS VERDES
CITY COUNCIL MEETING DATE: 11/01/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to authorize the Los Angeles County Sheriff’s
Department to enforce provisions of the California Vehicle Code (CVC) on the private
roads owned and maintained by the Portuguese Bend Community Association (PBCA).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. ___, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPLYING TRAFFIC AND
PARKING PROVISIONS OF THE CALIFORNIA VEHICLE CODE TO CERTAIN
PRIVATELY OWNED AND MAINTAINED ROADS WITHIN THE PORTUGUESE
BEND COMMUNITY ASSOCIATION.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. ___ (page A-1)
B. July 18, 2022, Portuguese Bend Community Association petition (page B -
1)
C. Public comments (page C-1)
BACKGROUND:
On July 18, 2022, the Board of Directors of the Portuguese Bend Community Association
(PBCA) submitted a petition to the City Council, pursuant to CVC § 21107.7, requesting
authorization for the Los Angeles County Sheriff’s Department (LASD) to enforce
provisions of the California Vehicle Code (CVC) on the private roads within the PBCA
(see Attachment B).
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RANCHO PALOS VERDES
Under CVC Section 21107.7, law enforcement officers can enforce certain provisions of
the CVC on private roads. Section 21107.7 identifies the required procedures for
enactment of enforcement on privately owned and maintained roads not generally held
open for public vehicular travel which, by reason of their proximity to or connection with
highways, are best served by enforcement of the CVC.
That process requires a mailing of notices to all property owners within the PBCA and a
public hearing before the City Council. The PBCA is responsible for providing a copy of
the mailing list to Staff for mailing of the notice by the City not later than 15 days prior to
the public hearing.
A list of all the private roads proposed for enforcement must also be provided to Planning
Staff. Finally, either a legal description of those streets to be subject to the CVC or a
description of those streets which defines their boundaries must be included either in the
petition or in the implementing resolution, if any, adopted by the City Council. In order for
the law enforcement officers to conduct enforcement patrols, the City Council has to adopt
a resolution granting that authority.
DISCUSSION:
Staff and the City Attorney’s office have determined that PBCA owns and maintains the
roadway behind the private gates on Peppertree Drive and Narcissa Drive, off Palos
Verdes Drive South. As a general rule, private roads are not subject to the CVC and
violations of that code are not enforceable by the LASD. In its petition, the PBCA alleges
vehicles routinely block access on egress roads, speed, and drive on vacant lots – in
addition to causing hit-and-run property damage, particularly to the entry gates.
As permitted by law, law enforcement agencies may only enforce certain sections of the
CVC on privately owned and maintained roads, such as driving under the influence of
alcohol. To permit broader enforcement of the CVC, the City Council must declare,
pursuant to CVC § 21107.7, that the affected residents and motoring public would be best
served by the application of the CVC to such private roads.
Should the City Council determine to adopt attached resolution and subsequent
installation of specified signage by PBCA on its property indicating the roads are subject
to the CVC, LASD would be permitted to enforce the general provisions of the code, such
as speeding, stop sign compliance, and no parking violations. The installation of specified
signage is a condition to the adoption of the resolution.
While adoption of the resolution would grant broad enforcement authority, it is anticipated
that the primary application by the Sheriff’s Department would be in responding to calls
regarding vehicles parked illegally, rather than active traffic patrols behind the gates. The
City shares two traffic deputies with the cities of Rolling Hills and Rolling Hills Estates,
and traffic enforcement tends to focus on high -traffic and high-issue areas, rather than
focusing on residential streets with minimal traffic concerns.
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Currently, PBCA Board members place warning flyers on illegally parked vehicles. Staff
would recommend that Board members continue to warn residents of noncompliance
prior to reporting, but adoption of the resolution would allow Board members to report
such vehicles to the Sheriff’s Department, and a deputy would be authorized to respond
and cite or warn the vehicle.
It is to be noted the LASD cannot tow illegally parked vehicles on private roads even
were the City Council to adopt the attached resolution. Illegally parked vehicles on private
roads must be towed by the PBCA using a private tow company as provided in CVC §
22658(a).
Staff and the City Attorney have determined there are no known conditions or legal
impediments that would prohibit the granting of the PBCA petition by the City Council
given the concerns expressed by the association as reflected in its petition.
Public Notice and Public Comments
On October 13, 2022, a public notice announcing this hearing was published in the
Peninsula News. On October 11, written notice was mailed to PBCA residents. As of
October 21, the City has received 18 comments in support of the petition, three opposed,
and one providing supplemental information (see Attachment C).
Those in support expressed concerns with parking in roadways and speeding that could
be cited by the LASD if this resolution is adopted. Staff also wishes to clarify certain
comments of those in support that LASD once enforced the CVC in the neighborhood:
LASD continues to have authority to enforce non -vehicle related crimes, such as
burglaries, but has never been authorized to enforce the CVC. Several commenters
attached a 1982 report from the PBCA board (on pink paper in the attachments) as proof
that LASD once enforced the vehicle code, but the calls cited in the report pertain to
suspicious vehicles (as possibly related to burglaries) rather than speeding/parking
enforcement as governed by the CVC.
Those opposed to the adoption of the resolution cited the following:
• Concerns of the safety of the roadways, including lacking appropriate signage and
requesting the City conduct a traffic study.
o Staff response: PBCA is responsible for maintaining and signing roadways;
the City has no responsibility for maintaining private roads. PBCA may
conduct a traffic study at its own expense.
• Concerns that public funds would be used to enforce the CVC on private roads.
o Staff response: PBCA has requested the enforcement of the CVC to protect
the safety of residents and visitors – roadway safety is a public concern.
• Request that the CVC only be enforced on the main roadways, such as Narcissa
Drive and Peppertree Drive, as other streets may be unduly burdensome.
o Staff response: It is anticipated that the primary application of CVC
enforcement will be in response to reported incidents, as opposed to
observed by deputies on patrols, if and when they occur; therefore, the
3
PBCA as the main reporting entity could solely report vehicles on Narcissa
and Peppertree. The PBCA has indicated to Staff that these roads are
where it enforces no streetside parking.
ADDITIONAL INFORMATION:
On October 4, 2022, Staff, the City Attorney, and Captain Powers of the Lomita Station
met with representatives from the PBCA to discuss their expectations for enforcement
and specified the type of enforcement they could expect to receive should the City Council
adopt the attached resolution.
If the resolution is adopted and signage is provided by the PBCA on streets as required,
LASD has agreed to enforce CVC violations in the PBCA within the budget and scope of
the City’s existing contract. LASD already enforces other laws in the PBCA; this would
extend its authority to traffic violations as well. The City Attorney’s office has reviewed the
resolution and approved it as to form.
Adoption of this resolution will not result in the acceptance of these private roads by the
City for maintenance.
CONCLUSION:
Staff recommends the City Council conduct the public hearing, hear the testimony of
PBCA residents and the public both in favor of and opposed to the petition and, in the
exercise of its sound discretion, determine whether to adopt the attached resolution (see
optional Attachment A).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Decline to adopt the attached resolution.
2. Identify issues or modified language to consider in the draft resolution and continue
the public hearing to a date certain for adoption.
3. Direct Staff to take no action at this time.
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Resolution No. 2022-__
Page 1 of 3
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
APPLYING TRAFFIC AND PARKING PROVISIONS
OF THE CALIFORNIA VEHICLE CODE TO CERTAIN
PRIVATELY OWNED AND MAINTAINED ROADS
WITHIN THE PORTUGUESE BEND COMMUNITY
ASSOCIATION
WHEREAS, on July 18, 2022, a Petition was submitted to the City of Rancho Palos
Verdes requesting the City Council hold a public hearing to determine whether the
interests of any residents along certain privately owned and maintained roads within the
City of Rancho Palos Verdes and the motoring public would be best served by application
of the provisions of the California Vehicle Code to such roads; and
WHEREAS, such action was taken by a majority of the Board of Directors of a
common interest development commonly known as the Portuguese Bend Community
Association; and
WHEREAS, a public hearing thereon was held by the City Council on November
1, 2022, upon 10 days prior written notice to all owners of such roads, pursuant to the
provisions of Section 21107.7 of the California Vehicle Code.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes DOES
HEREBY DECLARE, FIND, AND RESOLVE as follows:
Section 1: The foregoing recitals are true and correct and are incorporated herein
by reference.
Section 2: The privately owned and maintained roads within the City of Rancho
Palos Verdes as named in Exhibit “A” within the Portuguese Bend Community
Association, attached hereto and incorporated herein by this reference , which are not
generally held open for use of the public for vehicular travel but by reason of their
proximity to or in connection with public highways, the interests of any residents residing
along such roads, and the motoring public would be best served by application of the
provisions of the California Vehicle Code.
Section 3: The Vehicle Code shall apply to such roads, provided appropriate signs
are erected by the private road owner at the entrances to such roads, of such size, shape,
and color as to be readily legible during daylight hours from a distance of 100 feet,
indicating the road is subject to the provisions of the California Vehicle Code.
A-1
Resolution No. 2022-__
Page 2 of 3
Section 4: The City Clerk shall certify to the passage, approval, and adoption of
this resolution, and shall cause this resolution and its certification to be entered in the
Book of Resolutions of the City Council of the City.
PASSED, APPROVED AND ADOPTED THE 1st DAY OF NOVEMBER 2022.
___________________________
David L. Bradley, Mayor
ATTEST:
___________________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2022-___ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on November 1, 2022.
AYES:
NOES:
ABSENT:
________________________
Teresa Takaoka, City Clerk
A-2
Resolution No. 2022-__
Page 3 of 3
EXHIBIT “A”
Portuguese Bend Community Association (PBCA) privately owned and maintained
roads include:
• Cherry Hill Lane, from Limetree Lane to the point where Cherry Hill Lane splits
into east and west segments.
• Cinnamon Lane, from Narcissa Drive (south intersection) to Narcissa Drive (north
intersection)
• Cinnamon Lane, from Narcissa Drive (north intersection to north end)
• Figtree Road, from Narcissa Drive to southeast end
• Fruit Tree Road, from Narcissa Drive to north end
• Ginger Root Lane, from Narcissa Drive to Cinnamon Lane
• Limetree Lane, from Peppertree Drive to Tangerine Road
• Narcissa Drive, from Palos Verdes Drive South to north end (near Water Tank
Trail)
• Peppertree Drive, from Palos Verdes Drive South to Sweetbay Road
• West Pomegranate Road, from Peppertree Drive to north end at 3 W
Pomegranate Road
• East Pomegranate Road, from Peppertree Drive to south end
• Sweetbay Road, from Narcissa Drive to Peppertree Drive
• Thyme Place, from Cinnamon Lane to east end
• Tangerine Road, from Peppertree Drive to Limetree Lane
• West Narcissa Drive, from Narcissa Drive to west end
PBCA is located within the City’s Landslide Moratorium Area; roads may shift or deform
over time. The above list is intended to illustrate, in general terms, the locations of the
PBCA private roads intended for general public use as opposed to driveways or dirt
paths.
A-3
B-1
July 18, 2022
PO BOX 2908
Palos Verdes Peninsula
CA 90274
SUBJECT: Petition to Authorize the LA County Sheriff's Department to
Enforce the California Vehicle Code on Portuguese Bend Community
Association Private Roads
TO: The City Council of Rancho Palos Verdes, California:
WHEREAS The roads within the Portuguese Bend Community
Association (PBCA) are private and therefore not currently subject to
enforcement of the California Vehicle Code by the LA County Sheriff's
Department. The PBCA has been dealing with vehicles that ignore
warnings and continue to park on the community's two primary
roadways and designated fire roads, Narcissa Drive and Peppertree
Drive, potentially blocking fire trucks from reaching a fire in the
community. The community has also been dealing with such violations
as reckless speeding, ATVs driven through highly flammable vacant
lots, and hit and run damage to property, particularly to the entry
gates.
WE the undersigned Directors of the Portuguese Bend Community
Association petition the Rancho Palos Verdes City Council per Section
21107. 7 of the California Vehicle Code as follows:
Provide authorization to the LA County Sheriff's Department by ordinance or
resolution to enforce the California Vehicle Code on the private roads within
the common interest development known as the Portuguese Bend
Community Association (PBCA). The PBCA will conform to the uniform
standards and specifications adopted by the Department of Transportation
as to traffic signs, signals and markings.
Name (Printed) Address (Printed)
Claudia Gutierrez 3 Clovetree Lane, RPV
Matthew Nelson 5 Clovetree Lane, RPV
Ben Zask 96 Narcissa Drive, RPV
Kent Attridge 15 Sweetbay Road, RPV
Claire Leon 38 Narcissa Drive, RPV
Appendix A: Additional Requirements for Petition Approval
1) Demonstrate that the Portuguese Bend Community Association (PBCA)
owns and maintains the private roads that are the subject of this
petition.
The roads within the PBCA boundaries are easements enforced by the
association on property owned by the property owners and members of
the PBCA and are thus private roads. This is documented in the PBCA
CC&Rs in all of the 13 Portuguese Bend Declarations of Protective
Restrictions, Article V, Section 1(b) and Article X, Section 2. Relevant
sections from the last of these Declarations, #13, dated August 20, 1958,
executed by Palos Verdes Properties, a partnership, accepted by
Portuguese Bend Community Association, a corporation, and approved by
Filiorum Corporation, recorded on the 11th day of December, 1958, in
Book M176, Pages 464, et seq. of official records of said county is
attached at the end of this document as Supporting Documentation #1.
2) Demonstrate the roads that are the subject of this petition are not
generally held open for use of the public for the purposes of vehicular
travel.
Restricted use of the roads is enforced by entry gates at the south ends
of Narcissa Drive and Peppertree Drive, the only two road entry points
into the PBCA properties. Limited entry through these gates is currently
enforced by either a four-digit punch code, key card, or programmed
remote control and not known by or released to the public. See Pictures
of Narcissa and Peppertree Gates and appropriate signage in Appendix B
below.
3) Demonstrate the roads that are the subject of this petition are, by
reason of their proximity to or connection with highways and “the
interests of any residents residing along the roads and the motoring
public, are best served by application of the provisions of the vehicle
code to the same.”
PBCA roads are entered through private gates from Palos Verdes Drive
South, the major highway serving the south side of Rancho Palos Verdes.
(See map in Appendix B) The PBCA is located in a Cal Fire designated
“Very High Fire Hazard Severity Zone”. (See
https://www.arcgis.com/apps/Styler/index.html?appid=5e96315793d445
419b6c96f89ce5d153). The community has had a significant problem with
vehicles parking on the two major but narrow roads serving the
B-2
community, Narcissa and Peppertree Drives, not only blocking passage by
fire trucks responding to a fire in the community but also impeding the
emergency exit of residents. Application of the California Motor Vehicle
Code will allow the Sheriff’s Department to authorize the immediate
towing of any vehicles blocking these roads. The community has also
been dealing with such violations as reckless speeding, driving ATVs
through highly flammable vacant lots, and hit and run damage to
property, particularly to the entry gates. The County Sheriff’s Department
has repeatedly told the PBCA community that these dangerous and life-
threatening violations are currently unenforceable by the Sheriff’s
Department without approval of this petition by the City.
4) Under California Vehicle Code 21107.7, this petition can be approved
and signed by a majority (three or more) of the five PBCA Board of
Directors. It is the Board’s intent to do so. For these signatures to be
valid, the PBCA needs to provide 1) certified copies of the necessary
association documents identifying the association directors, 2) the
scope of their signing authority, and 3) that the association is subject
to the Davis-Sterling Common Interest Development Act in Civil Code
4100.
1) Current Association Directors are identified in the official PBCA
website under the PBCA Directory:
https://portuguesebendcommunityassociation.com/pbca-directory.
2) The scope of the Directors’ signing authority is described in the
PBCA By-Laws, Articles IV and VIII and more generally under the
Articles of Incorporation. Copies of both are attached at the end of
this document as Supporting Documentations #2 and #3.
3) Under Civil Code 4100, the Portuguese Bend Community
Association falls under the Davis-Stirling Act category of a “Planned
Development” and as described in the Articles of Incorporation
above, has been incorporated as a nonprofit corporation with all the
duties and responsibilities defined by a planned development
including Civil Code 4175: (a) Common area that is owned either by
an association or in common by the owners of the separate
interests who possess appurtenant rights to the beneficial use and
enjoyment of the common area. (b) Common area and an
B-3
association that maintains the common area with the power to levy
assessments that may become a lien upon the separate interests in
accordance with Article 2 (commencing with Section 5650) of
Chapter 8. The PBCA is therefore by law subject to the Davis-
Sterling Common Interest Development Act.
B-4
Appendix B: Supporting Pictures
Narcissa Gate #1
B-5
Narcissa Gate #2
B-6
Peppertree Gate #1
B-7
Peppertree Gate #2
B-8
Peppertree Gate #3
B-9
Map of Portuguese Bend Community
B-10
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Supporting Documentation #1
Relevant Sections from Portuguese Bend Declaration No. 13 of Protective
Restrictions
B-11
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B-18
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Supporting Documentation #2
Relevant Sections from the By-Laws of Portuguese Bend Community Association
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PORTUGUESE BEND CO~'.MIDII::Y ASSOC:A~IO:N
ARTICLE l
De:f.'bi tions.
·,,
Certain t.e7o11~ ~s used :!n these ty-laws st.all be
used with th!! follrminir rssJ)ective neanings unlsss the
context clear:y indicates a different ~eaning the:sfor:
1, D~claration of Restrictions ,.
''Declaration of restricticns" or "deel~.r~tion"
shall mean Jec:aration ::-io. One of Frotect1ve ResLrlctlu1~s
filed for recol'u 011 the 23rd cay of August, 19'+7, as.
DocUllle11t No, 397 in tbe office of the Co·.111ty Recorder of
Los }.r.geleo County, C~liforni~, an~ all other now or r.ere•
after executed and r~corde~ declaratic~s o~ re~t.rictions .
perm:itt.ed under 1rticle VIII of said Jeclaration Ko, •:Jne
of Prote~tive Restrictions, as any such declaratior. may
be au.ended, ~o6ified or char.ged frofil tima to time.
2. ?.estricti::rns
The ter-m "restrictions" shall include all restrlc•
tlons, condltto::is, reservations, cove4an~~, li~us ar.d
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ARTICLE Pl
Board er Dire ctors
Section 1. Powe rs
The powers of ~I» corporation shall be exercised
by or unde r the author i~y of , and the ousines s and
ai'fain of the corporatiOc'l sr..sll bo controlled by tl:e
' board of directors, subje~t 1 howev er , to all of the
restr1ct1oci:i I provisior.s and li:nit atio:ns contained in
each declaration of r est ricticns.
Section 2 , Kimb8r of oi~Qctors
The board of direc tors s~al2 consist o! the nuncer
of director& n a.u:ed i n the articles of in~.orpo:r.,:,.t.1.on U!ltil
changed by a ~endment of tl:e a~ticl es or nn til ch~ed by
an ao:s.ndnen t of tbia ocotion cf theee b;•-laws fix.b.g or
ch~.ging s ue:! nmtber I adop tec. by the vote or written e.sse::i.t
of 0011be1·s entitle d t o exercise a ma j or i cy c ' tho ~ot mg
power; provided , howe\·er , the. t tile authorized nur.:::e r of
a1rectors l!h~.lJ. 111 no <?Vent be reduc ed to below throe {3}.
Section 3, El ection a~d Term cf Office
Th& direct~rs shal l be elA ~tQn At e~~h ll.I1J!Ua l
meeting of the rrember s, but if any such annual meet ing
ia not he ld , or the directors ar& not electe<l thereat, tM
directors may be elected at ·a special meeti:ig of members
B-23
.A.'RT !CLE VIII
Miscellaneous ~J:.QYisions
Section l, Checks. Drafts. :'::tc_,_
ill checks, drs..f'te or other orders for payu1ent of
money, notes or other e-,ri•:l.ences of indebte.dr.esR, isst1ed in
the name of or po:;ablo tc the corporation, an<i !1.11:, and all
secur1t1ea owned or held b:,, tbe corpo:-!l.tion requirL"lg
cignlltu?c for ~re.ns.f'er, st.all be signed or 1:mdorsed :y such
person or persons an~ 1n such ms.nner as, fron time. to time,
:ihe.11 be detel'lllined by resolution of the bou·d o: c.irector s.
Sect> on 2. Contracts, Etc., Sow Jxo~u-;;ed
The boar~ of directors, exce~t as 1n the bY•laws
other,rise provided, may outhorizo llny officer or officers,
a~e~t or agents, to enter into any ~on~ract or execute any
:lnc;trwnont 1n tho n,ur.o of and on behali' of the cO!'praUon,
and such authority may be general or confi::Ied to specific
instances; and unless so autl:orized by the board of directurs,
no officer• age~t or em:;:>loyee shall ha.ve .<inlf row11l' or ,rnthority
to bind the co:-poration by ar,:y C011t1'at:~ or engagemen~ O:!' to
pledge its :::ri!d.:i.t or to rl'mne.::-it liable :l'c::-any purpose or
to any an1uua t.
Soction ?• Inc~oction of ~o;por~te Ilecords
the mem~ersh1p register, the books rJ: account and the
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CE..'\TlF :CATL OF o'3:iRS'V.RY
n DO!l)I'Ofit ::ali!c,ri:.ia c o:·9cr ~t.1 0.t:.; anc.
as dtC.;r adopted a L L!J.e :'1::-s t maetir.6 cf t i:.e ':of.rd of
d~r~doi·s t hereot <1u~y ::ield ;~u.;u st 25, 191.7 ,
(SE:.!IL)
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Supporting Documentation #3
Articles of Incorporation of Portuguese Bend Community Association
B-25
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ARTICLES CF rr-::OR?O!U.'l'TOt-1
OF
PCRTUGUES!!l ~riv cor.w:m:TY ASSOCIATI::ir,'.
KliOii ALL 11:E)I BY ::"$SE P::IESm,:-rs:
Tr.at r.e, t!:.o t..'l.der .signe :i, all or whllm are
res~.clri~_ts of t:>ie S"!:ate of C:;::.ifornia, b.e·,e this day
voluntarily assor.i:lt!!r. 0 1 ::rselves -t:,getl:.:;,r :.'or tr.c ).::.tr-
:pose or i'o:'lling a r..o:i.:;i::-ofi'.: cor;:iora~ion ~nde:r Tli.•ri .. ~_hn
?IRS~, Pa::t IV, Title x:r of t:.e Ci vn Co:le of the
Stete ::>f California, and C:c hereby certify:
FIRS'.£: The name of t::i:.; cor;:or;itlon :.s:
PCRIUGUESE 3EKD :;Cj,51,JUJ::CTY ASSOCIATI·:)li
SECCt'D:
tion is fo::-r.-.e:. are i
( l) 'l'o rnr~hi:sP., cor..str·.1ct, ::.a:i;nro•1Q, l'S_;>G..~r,
.maintaio, ca::-e: f'::>r, c,m and i:,~pose cf i:a.rks, ;iark,va:{1:1,
playg:ounds, o:;:en spacas &:cd recreai;:'.011 ar~as, ter.nis
::curts, go::.1' coi:r,;es, club n::,1:sas, swi:rur.ing poci.$, bat!:
!:.ouses, J:athtng bee.ches, bo9.ta, boat ho·Jses, ;:,iars, o::iat
:skating r::.r..1:s, hangars ar.d f'::.eld:s for a:l.rc"·c:ft: ;:,a~-
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ARTICLES CF Il-~•'.'!0P.?0a.\.TI0N
OF
Tr.at r.e, t!:.o t..'l.der .signe :i, all or whllm are
rss!.de.::ts ot t~e s::ate of ca:::.ifornia, b.ave this day
voluntarily associatec. oi_:rselves t::igetter :'or tl:.e ).:Ur-
:pose or i'o:'lling a r..on;i::-ofi-:; cor;:iora~ion ~:nder Dhisi::.n
?IRS~, Pa~t IV, Titl~ x:I o~ t~a Civtl Colo of the
Ste:~!:! :Jf California, and e.c hereby certify:
.FIR.St: Th:: nBJUe of t.':.i;; cor;:or;itio11 :.s:
PCRI'UGUESE 3EKD ::;Cj,i,JUIITY A..SS0CIATD!i
SECCl-'D:
tion is forr..et. are:
pla:rg=o-unds, open spaces ar..d recrea ~:'.on ar~as, te1:nis
~curts, go:r ~oi:r,;es, club h:i;:sas, swi:rur.ing poci.$1 bat.!:.
:.ouses, ta thing bee.ches, bo9.ta, boat ho·Jses, ;:,iars, o:iat
landings, lifa raf'.;s, life gu,arC.$, ~.i:,:; saving ~;;\:f..r!'l t·Js,
skating i:-:.d:s, hang.;rs and field.,; for o:l.rc:•cft 1 '::>:md-
s-:::tinds, dat:.c~ng :;iavilions, M si:1os, pl.ac;;-1 or anusement 1
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reeds , alley~, irn lks , 11a nC1onts and/or r.:.~Ls of ;ray o,er
nhich the co;pora tion ha s jurisdictio~, to exerci se such
control as the cor~•:>r:i.t . .1.on mar dGiem do3.irable and to 1ssue
per.:n1 ts tc ma Ke cuts or excavations i n such streets ~ rcais
or ea ser.:e r.::;s \Yhen r.ecessa:ry .and to r1>quire be nds or d.e:;,osi ts
t he1·etur; a .:t.. to e.:-ect, c are fer, and ma intain ad equate signs
for mar~ing s t reet s, par ks ar.d ot:i.er ~r n ~Rrty .
(3) '.l'o a:;-pruve or disapprove as a!ld to t.!:e ex-
t en t provided ir. aq !'estri ~tio::i.s er con tractua l aareer.ent
oove:rir.g ~ro ;:,ert:; sv.b ject to t he :·c1i-1 sµ1ctlon or tee co~ora -
t1on, plans a:id plot ?!ans for ~he erection, ccnst:ucticn,
maintenance .ir.d/cr al t crotion of b1..lild.l.:1gs, iw.,.1:::J.1,p , fences,
sic.e r.alks, wa lls, iriv1o.s, tent s, a~1:1ings , scUl]Jt;;.r :'..r.gs , pole s ,
f.l'"i v:i .Rs, ce s si:ools and ot!--.P.r s tru.ct:irac ~ czct.·,a tion.'3 upon
:i;rOJ:•e:r ty subject to the jurisdiction of the c-:i.:-po:ati::>::1, an::.
alsc, as :;;::-0v5.ded in said. ::-e.;tri c .i.ons a nd/or c:i ntra otual
agreenents, g r ad1~ plans and plans f::>r lamsclpiag 1 plant-
ir.g a~d shr;;.bbery UP~O a::1y p:rope::-ty s~bj ect to the juri sc jc-
t1o n of th~s cc rporat1on; to regula ~e ond/or pr chf o1t the
e rectior., posting, i;ast:.ng ani di ~pla:r i:ig ~on any part of
tile proi;e rtr :!>Ubject to tli~ ~o.rl sdictlo::1 or i he ccrpo:.:t1on
all bill'.::oa :e.3 1::nd/or s igns of all lir.:l.s and c.!".aract e r and to
r em:ive and/or dod roy all .sig:is plac ed , erected or r.iail!ta~nud
upon said ,roi:e rty r.it:::.Out pro~r eut~o rit,: all as provioed
B-29
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in the res L:-1ct1cns, C'.'.mC:i tions anc. covenants 11.!lich may af-
fect the pro~ertr subject to t.!l!s cor:i;oration's j-:.irisdictio:1,
(4) ro fix, estalll!.sh, leV'/ and collect ann1.1.ally
or othe:rwise .such c.!:ar;les anc./or assessme:::t" apn-, I?. ach and
IW!!ry bt,::::.d:.:1g s:i. te, lot or parcel and. the kp::-ovemellts
thereon e11:braced wi th:!.u t:1(;) i::::rperty su.bject tc the jt.riscuc.
t:!.on of this corµora tion which ir.i.y -oe subject to an::. in ac-
co::-dance with the rest::-ictions, con::.itior.s and covenants
,.af'i'ectir.g saii i;ropert;r; pro-Jide::. tha't the amount of each
such c.l':a::.-i;!e or assess.:nent shall he dP.tP-r..ni.r.,;,d as p:::-<YJ::.ded
in said restrictions, condi. ti(:n:, end con,nant .. by ohe bca1·u
or di!:"ec-:;crs er th'..s corpcntior.,
(,5') To exyer.c. the mo:Jeys collected IY/ this c:irpora-
t ion fro:ri such asses suents art. c:1arge s and ot.her s'JJns rac ei ved
.for the pay:nent and ci:sc~arge of c:is,;s, expenses ar..:. obllga-
poses for which tt.J. s cor-po:-atio::i is fo:rmed; to ).la:, taxes anti
assessme:r..ts ·;;h:::h may t~ lev:ed by ar,.y p:tbl:.c a:.1thority c,por.
property o;med by the c:ir;;,oraticn er 01::.er its jurisdiction,
(6) To aj:prove or disappro-,re a:l subdivisi:ins or
te11t a::1i in the JJ'..a::u:er pro·d.de:: by rest1·:.ction.s, i.:o-,rer:ants
and condi ti:J:r.s i;-erta:.:Jing t:-sa.!d pro~erty,
(7) To rerno,re, clea~ up anc/or 'burn g::-ass ani
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weeds Rl".d tn rP.~:1..-e. any tmsightly or obnc,::toue. thi~s from
.::my hnilrH t..g site., lot or i:arcel un:ie;-its juri.::diction and
to tak~ such action with rQference to cuch ·ou11:i~ng .sites,
lots and parcels as may be neeecsary or icsirable to keep
the prcJ)ert, ~eat snd in good order.
(8) i'o J)l'<lVide, in so far o.s it may ltiwfully do
:io, !or community .fi:,,c o.nd/or police p:otection, fer the
protection of ell or i::r:y po.rt o.f the .:,:ro·pert:r uncler t:..e
jurisc.ict::.on o.f the corp:>ra~:.on and/or tlle ::,wners an:i resi-
de11ts thereof,
(~) ~o enter i:ito agreecents 1 contracts and
an·a.ngements wi t.h a.cy :mn:?r of e. bu~ldir.f, site, lot or p::.r-
'cel 1.111der the ~uri:;dictior: of the cor,ioratl.on· for ccn:;t::-1:ctior:
tectlng, mai.utabin,g Ol" th~ r'!:ic.e:::in!: of spec::..il .services
generally :!.::1 co:m<=c ·,:.on with :;i.:,ch l:uilC:.:in& :.i te, lot Ol' parcel
an:1/ er the lmproven:e:x~s t.b~ .r:c u.:1,
(10) To :L'l.spect an:: supervise the t:la1sLru,.,t.to11 of
b~ilct:'..:igs and st::-uctures apo.r: any !)r:>pe::-ty s· . .:t'Jjl:!d ·.o the
jUrisdl.ction cf the c·:i:!'p::iratlcn t':I the ~xte.nt sr..d hi act:u::::1-
a~ce with the ])ower s and. rights co::iferrec. upcn 1 t ~Y virt~e
ot restric'tions o::-cor,t:a:tual ag:.-ee:nen-:s :1h::.ch now are or
hereafter u2y De esta~:isted; to provide by reg~l&tions fo~
ance of cert:'.fi.catas, the :r.aking of inspecti:ms, the
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SUJ)':r visi,n of construction e~..d l i ke m.atte rs.
(ll) To exercise such powers oi' er.i'orce::ten t,
con trol, interpreta t icn, modifica tion and caccell3ti::>!l of
covenant s : co~ditions , re s erva~i ~~s , re s~rict1ons, l !ens
and/e r cb.l,.rges im:;:o ~ef up,,n ar..;-propa rts-over ·,1hich th~
cor,?ora t.:.o n J-..as jurls-iicticn which :.ow are or hereafter
~a y be •1eEt-3 d i:1, delegat'9:i to , or assigned to tl:e cor-
po ration , a!l:i to pay all expens es inc:.der_t e~ t::ie:-eto; to
a."ld/o r any pe rso!l o;r,..ing i::i:,, ~ildinii; _site , l ot or parcel_
su b;;ect to it.; j·.lrisdi::tior. or 1:i. :h0 r.air.e of ano. Oll be -
ha lf a::d as the agent of any <:•~me r of any ~uc:. b.:.ild1ng
s ite , l ot or p~rcel , act:ons and s,1ts ;::, r estrain and en-
join the creaci or threatened breach of an, rest=~c~ion,
coni~ ti-:m or c on:1ar,t c:r_d/or to e:if:i rce ea ch ar,d every re-
et:-i ction, co::idit ion, cc,er.an t, re sa r·va tior., lien or cha rge
affecti:1g p:o;erty sub ject to the jurisdictior.. of the corpora-
(12) ~ esteclish, cail:.ta in a~i oper&te s ~ch depe~t-
u nts, b::>aris a::id co:::-.mit;ees as ma y oe p:-o ,1ided for in the
by -laws of the cori:c ration, ;lit:. such :;io;rers and a ~th!:>r ity
las .said b1 -l.'.i\>:; ::ic.y pro,·ide , and t:, ma ke .r umls of the · c orr.ora -
tion a·1a;i.lab le :.'o r t.!J:2 u.se c-f s·:ich departl!e::i.ts, boa rds E.r.d
co~~ittee s ; to e~p lo; a tnt,::iager, secret~ries , engineers ,
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aud i tors, l egal coun~~1, techni cal consul:;ants or a:iy ot her
em ployee s or ass i Dta!'lt,; p:r,w i ded ;'or by t ;i.e by -!aw~ of the
corporation c ::-author ized by its bca rci of 6.i recto-rs ; to :;;:ay
all expe:1Ses ~ecessar y or i n:::idental to th; coneuct and
ca::-ryi ng ::m of t he bu s:'..ne s .; of t he ccrpo:-at/.::,n ; to ;,ee p records
of all ma t t grs ;;ert~bing t o t he operatl.or_ ~f tte business or
1.1ff2irs cf the cor pora';!.on , in::l udln& rsccrt.s of :::arti.:':'..cates
of comple';i on and co::i,:i an-ze, ap:orov?.1s c:: disa fr,rovolo,
charge s , levi es and assess::-.ent s, fir..an c.ia l affa irs of t ile
~or;,ora';ion ani al~ otJ::~.r perti .r.ent matters ; anc. t :; pubJ.:'..sh
reports and bulle tins of the affa1~s of the cor,OTaticn fro~
tiu.e ~u time an~ to i s s•le c e::-t .:.f i ed -~o p:e s o:: :'..t s re ~o::-d s 'i!".d
dr>c\~.ents anc. t o o:.l:e ond col~.ect a -:barge ~b er aror .
(13 ) To ent e::-into, make , per forc, ~nf.. ca~y out
co~trac t s of eve:-y li:id a nd C!la r a :::te r 11h5.ct ma y 1:e necessa :-y
or c o:i.ve nier..t for t hs :::i1:.s iness of t !li.s cor;ior a tion with a ny
s:,ndica te, co r pvi-a '.ion :;>:-i vat,e, pub::.1~ o :.-r:unic:.;:al, any
1:ody pol ::.t i c , a::,y st~t i;,, ter r itor y o:.> mun::.c i 911 li t y of t he
Unitsd Sta tes , er 1ritb tl::e go vernment cf the Uni t ed St a tes
or a.,y de l)<lrtce nt1 b~a nc!-1 , board, ccBl!!is~iJ~ or cJntracti!\6
i;u';:io rit;; the reof, or w::.tt any f ore:.gn go 'fcrm1e nt .
(14) To buy, l ease a s le:; see or o~h e!'·,~i s e I acqu.:re,
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prope!.'tl' ac,:uired, or for a~zy of th"' ether o?ljec,;s or ,:,~-
po~9s of t:1is cor,oration or ~n connection with its busilless;
to secure such bor..as, i:eb~nt.11re.9, notes and other obl~g~ticns
·by iuoJ•Cg;;~e u1· r.io:-tgages, o:.-deed or deeds of tr1Jst, or plecgA
or othe:r ::.i er.. upon any or a 11 of ~.!:e p:rope ::-ty I rig!:ts, pri ,;;1.
1.;?ges or f::.-,ar.chises ::.f' this oorporat:.::m, v;hcrcsoever sit:.iated,
acc;,uirei or to be ac::i~ired, and to ;i~.eag.,, seli or otherwj_se
d::.s_po~::i or au:; aml all o! such '!:or..ds • de'bentures, notes ani
otr.er obiigati:m.s of ~21is co::-pc::-atiol~ fo:· :'.. ts co1·_!:ora ~e
ptl:'pos ~s.
(18) •ro aCG.U.ire b,r purc:..ase, exc'.:'.tange, .~uh.aoript..fon
o::-other.,1ise, and -~;;, :.:·ecrd-.,e, m:.>rtgage, cor.vey 'b;; deed of trust,
j:ledge, aell, cs:iigr:, tra:1S.f'er, exc.!:-..ange ,;:,;: othervs:'.se dis:;:ose of
sMres cf. .s-::,:1~1!'. of, i,r ·1::iti.:ig tr·-1s-;; f.!9rt5.±':f.catas or other cer-
tificates for stares of the stoc:-c of, or any bo.:ids o!." ot::er
secu::-it:ie.s, evide1~::es o;; i11del:tedi.1ess or ,;1;11~" LL.1~1s ~r~at~d
by, a:o,y 0th.er corp:iration er c:irpor,3,":;ione. ori;onizcd 1.Ulder the
lev,s of the State of 8al:.forr,ia or o:' any ot:,er st,::ite, ::il' n.f.
any counLry·, na U,01: 01· gvve1·1:ca!mt, and to pay-there:'.':,r, in
wh:ile o!' :.n i:a:::-t, with cc.ah o::-othe::-pr~perj;y or lfith oo:::id:;;
or otner obl.'..gatio.?:.s .:f this c::,rpora':ion, ar.d ;:l:ile the o,mer
or ho~::ler of ars such sha::-es, or votir.g tru~t ce!."tit.:.cates or
other certificates for sl:.ares, o:· b,;,1:tls ur •:ither Sl:!ci;.1•ities or
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Pro;,ert:;r over .vl:ich the corporo: tlon has jurisdic-
tion o:. subject to t.t.e jurisdict.!.un of -che cor;,ora tion, as
thesa ~er~s are used in these a.::-t1cles ~f :~corporasion,
sr..all be pro;ierty ar..d :an::.s noi; or !te!'~af:er subject to
restrictions, co;er~nts, condi~ions, reservations, lia~s
an:i/or charges referrad to end described :.n the ::iy.1a•1rs of
the co?~oration, including any amer.dments thereto, and em-
braced within tl:at certain area situate in the Cour.·,;y of
Los A,1geles, State :>t Galifc.::-nia, and. more :i:al'tict:lF.r] y
d<'lS¢r.1be.d ~,n saic. by-la•.~s, inolud.in6 any sc:oh ame::idmsnts
T.f.!3:>: l'he pl·lncipal off.tee tor the transac~:lon
of the tusiness of this c,:,rporation 1s to be located in the
County of Los A~geles, State er Ca!ifJrr.ia,
POU3TH: The nu..ber of dir~cto~s of the corpora-
tion sl::al! be f':•.e, w:iich :nnber shall cor,stitu-:;e the au;;:10:rize-:I.
nu~be~ of directc:s until cha~ged by amendce~t of these articles
or by a b,;r-la,; ad:):pted by the me.~br..rs; a~d -;be r..a;:;es and ad-
d.resses -:f t~e ;;erson., ,vho are app::,inted to act a.c; the fi:,,.c;t
directo:,:,s of tr.is cor::,orati:>n are as .:'ol:.o,;;~:
~ ADD3ESS
619 s, coc.r..ran
Los An;;eles 36, Calif,
James Z, Lud:i.am 2131 F:,xhill Drive
Los Angel~ .. 35, Calif,
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m.;mbers of t his Cjt pjration, ani eac h men.ber shall recei ~e
such pro ?ort i j rr of such r ena ining pro~erty anc ass ets as i s
eq ual to '!;!:J.e ra tio of the ne:nbcl.'shi p or meu:ber shl.J:s he:d by
!:um t o t he t:>t al numter of ~ent-ers.~ps o~ th:.s co::-pora tioa
the.:i out st anding ; prov~d ed , h o:ve·,er , t:.:at if '::hi s ccrpo::-ati jn
holds afll of i ts assets on any trus t , auch ass et s so held i n
trust shall ~e dis?osed of i n such IDE.or.er as may bE tte.:i pro ~
vided by l s.w , or , i::' there is ;:ic su ch provi.s io.:-., t hen b such
ma nner as aay be direc'::ed b:; c.ecre e of the Sup erio r Co:.::rt of
t he cou.'i -:::y in ~;lli.ch thi s cc:-po:ra ti :>:i tr.en h?.s j ts princi~al
rn ViI'.'.TI:S5 ,'i:JBEO:-' we .ha ve he reunto se t j Ut ha.n.ds and
sea ls t!:.i.s 29t~ da7 :>£ Jilly , 19(-7 ,
J Ai.'.E., E • ::.unui.;
J arr.e.s J:, t·;C:lai:::
J a;o€ s ::; • 2e-:ir.a !'
·EJLtEK "l'H0I.:PS0 K
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::; T llT:l: OF CALIFC?. ill A
CO J}ITY OF !:JS il :\°G:i;L;:3
}
} ss
)
On t his 29th cay of~,, l94'l 1 ,ero~e me , the
undersigned 1 a rJQ Lai-, i'\,bli c i !1 a:1d fo:r '::he :J ounty of
Los !ngoles , State ~f Ca l ifc~n l~, ~er~o~all1 a ~peared
sons · .. 2:ose :ia:11e ~ &r e subs cr!.1:cd '::o tie 11;.thin ins trur.tent,
an d 2e :r.no;:;J.eilgad t o m~ -:h at t he:,, exec·-tted .';he same ,
and af.f:l.xe u :ll,Y officid M al the day o:1d ye;;r in -this
ci;rti:'~ ca t e :'l.r.s t. 2 bov e wr Hter...
(S
E
A
L)
?II.ED:
Sec . of S'::o.te
Cou:ity Clerk
lfotu, ?1.b:ic :..n ;i n::. ;;or t he CoUI:ty
of Los A~g e:es, St at~ of C~llf~:ni ~a
J\ug • 18 1 194?
Ai;g . 2C , 1 947
-14-.
ATTACHMENT C
PUBLIC COMMENTS
COMMENTS IN SUPPORT
Ben Zask, Tom Hoffman, Corinne Gerrard, Claudia Gutierrez, Jeanne Smolley, Max
and Sandra Hooper, Colleen Miller, Reynolds Maxwell, Roma Barba, Michael L. F.
Gutierrez, Suzanne Black Griffith, Dave Zelhart, Jeremy Davies, Kevin Krose, Madeline
McJones, Kristen Cumby, Lisa Wolf and Sara Staniunas, Constance Kellogg
COMMENTS IN OPPOSITION
David Leeper, Nassim Moradi, Portuguese Bend Resident
ADDITIONAL
Claudia Gutierrez
C-1
COMMENTS IN SUPPORT
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McKenzie Bright
From:McKenzie Bright
Sent:Monday, October 17, 2022 8:10 AM
To:Ben Zask
Subject:RE: November 1 Meeting
Good morning Mr. Zask,
Thank you for your comment, it will be attached to the staff report for the November 1 meeting.
To participate in person: the meeting will be held in McTaggart Hall at Hesse Park and begins at 7pm. You can fill out a
speaker card when you arrive to indicate you would like to speak.
Please let me know if you have any questions.
Thank you,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: Ben Zask <bzask.pbca@gmail.com>
Sent: Saturday, October 15, 2022 3:52 PM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: November 1 Meeting
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
I would like to participate in person at the meeting. As a resident of Portuguese Bend I would like to make a brief
statement
of why I support the proposal.
Thank You,
Ben Zask
96 Narcissa Dr, Rancho Palos Verdes, CA 90275
C-3
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310‐429‐8852
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McKenzie Bright
From:McKenzie Bright
Sent:Monday, October 17, 2022 2:14 PM
To:tom hoffman
Cc:Suzanne Hoffman; Claudia Gutierrez
Subject:RE: PB parking enforcement
Good afternoon Mr. Hoffman,
Thank you for your comments, they will be attached to the staff report for the November 1 meeting.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: tom hoffman <comptonhoffman@yahoo.com>
Sent: Monday, October 17, 2022 1:38 PM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: Suzanne Hoffman <shoffmanpvcr@gmail.com>; Claudia Gutierrez <claudia.pbca@gmail.com>
Subject: PB parking enforcement
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Ms. Bright,
As a 23 year resident of Portuguese Bend I have witnessed the gradual erosion of the original
architectural standards for the PBCA. Lack of enforcement of these standards slowly rendered them
practically ineffective. As a result our neighborhood looks much different and not as appealing as
originally intended.
We are now witnessing the same lack of enforcement for the no street parking law that is and has
been in effect for longer than I've lived here. Some residents have decided to scoff at the restrictions
and are free to do so if there are no legal consequences. To repeat, these restrictions have been in
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effect for longer than I've been in PB. If our parking laws go unenforced the streets will begin to look
like parking lots further eroding the aesthetic appeal of our neighborhood. There will inevitably be
more pressure to use the street as a parking lot as the zoning laws are relaxed and more than one
residence is permitted on lot. If we don't draw the line right now the violations will only increase.
Some complain that the service personnel will be inconvenienced. So be it. All our residential
driveways are large enough to accommodate service vehicles. The only exception would be for large
private gatherings. These exceptions could be granted on a case by case basis. The host would be
required to notify the board in advance allowing the board to notify the Sheriff.
There is absolutely no benefit to the larger community to allow street parking. There are a host of
benefits to allowing the Sheriff's Dept. to issue citations not the least of which is the added security
the patrols will bring.
Best Regards,
Tom Hoffman
5 Plumtree Road
C-6
October 18, 2022
Corinne Gerrard, Resident
Portuguese Bend
Rancho Palos Verdes,
Ca., 90275
To; Honorable David L. Bradley, Mayor
The City Council of Rancho Palos Verdes
McKenzie Bright, City o Rancho Palos Verdes
Administration Department City Manager’s Office
The Private Roads within the community of Portuguese Bend are generally not held open for
public use. Vehicular travel from Public roads to the Portuguese Bend Private roads are used
by the residents, the Portuguese Bend riding club, Pony club, workers and guests.
Safety for life & limb for residents, pedestrians, motoring public, includes keeping ingress/
egress open for firetrucks, resident & animal evacuation, fire or emergencies. Control of
speeding vehicles, preventing unforeseen damage by being proactive would “Best serve” your
constituents & the community of Portuguese Bend .
As a resident for 37 years, former HOA President for PBCA and concerned neighbor, I request
& support that The City of Rancho Palos Verdes “Provides authorization” to the LA County
Sheriff’s Department by ordinance or resolution to enforce the California Vehicle Code on
Authorizing the Los Angeles County Sheriff’s Department to enforce the provisions of the
California Vehicle Code for infractions on the private roads within the common interest
development known as the Portuguese Bend Community Association (PBCA)
Respectfully,
Corinne Gerrard
C-7
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McKenzie Bright
From:Claudia Gutierrez <claudia.pbca@gmail.com>
Sent:Tuesday, October 18, 2022 3:14 PM
To:McKenzie Bright
Subject:Portuguese Bend Resolution for Sheriff to enforce CA Vehicle Code
Attachments:PBCA No Parking Warning Flyer.pdf
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Mayor Bradley and City Council;
Over the past two years the public usage of the PBCA has increased due to the 1,000 acres of open space surrounding
our community, vehicles tailgate behind an incoming car and then park on our roads to go hiking or go to the
beach. When the City's Abalone Cove beach parking is full, vehicles park at the Narcissa Gate lot, every summer I post
the PBCA flyer on the illegally parked vehicles, at least 20 to 30 in a three month period of summer. What we call the
deadend of Narcissa, there is open space access and I also post on vehicles the warning flyer that our roads are private,
along with the deadend at Peppertree and Narcissa, the same access point that the Park Rangers use to patrol the Open
Space owned by RPV. Everytime I post a warning flyer I am putting myself at risk for a confrontation. Even though both
our gated entry points are clearly marked they are private and the roads being fire lanes.
Years ago I served on the PBCA Board, we the Directors would call the Sheriff to cite or tow vehicles and give speeding
tickets. Then recently to the PBCA surprise we were advised by the Sheriff when they were called out for illegally parked
vehicles on our main fire road that they do not have jurisdiction on our roads. We then learned about the Petition
requirement.
For several months the PBCA gave notice to the membership and placed on the Agenda about the California Vehicle
Code and the item was discussed at length over three different meetings. The majority of the membership approved
the idea, the Board voted and the motion was carried to file the Petition.
Our society has changed, the public not entering our roads and a few new owners' attitudes have changed, the rules do
not apply to them. In November of 2021 I gave a new vacant lot owner the attached flyer, the new property owner had
three vehicles parked on Peppertree, the sun was setting, so that is a dangerous situation. I received several complaints
from members because they almost hit the parked vehicles. I videoed my entire discussion with the new vacant lot
owner. Recently I was served with a Temporary Restraining Order, almost one year later, by the vacant lot owner. Next
week the PBCA lawyer is representing me in court, my video is proof of my innocence. I was verbally abused by 4 adults
and 5 dogs while I gave the new owner the warning flyer. This is a risk no volunteer Director should be receiving. The
flyer is attached and has been used for decades.
In speaking with Captain Powers he explained that RPV has one patrol car that enforces the Vehicle Code, that they will
not tow vehicles, but give warnings and citations if necessary. That is all we ask. Right now we have zero support from
the Sheriff in regards to any illegally parked vehicles. Currently a Director would have to call the tow truck company, be
present, sign the papers to have a vehicle towed, all while risking our safety. The PBCA gives warnings by the attached
flyer, but we do not have an avenue for citations.
The PBCA would greatly appreciate the Council passing this Resolution to ensure the safety of the PBCA Directors and
members of our community.
Claudia Gutierrez
PBCA Director
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VP, Treasurer, Roadsides West & East
310 872-4874
claudia.pbca@gmail.com
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.ol...
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TO ALL RESIDENTS AND NON-RESIDENTS:
.-• I I , -• •.-"""'• Ir
POBOX2908
Palo Verde P ninsula
CA90274
Portuguese Bend is a private community. Posted at both entrance gates are signs "NOTICE ALL ROADS ARE FIRE
LANES ILLEGALLY PARKED VEHICLES MAY BE TOWED AWAY C.V.C. 22658a Sheriff Dept 310 539-1661" If you park on
any of the roads your vehicle can be towed at your expense. Parking on ANY PBCA road to access the Nature Preserve
trails for hiking, cycling, visiting the beach, or visiting your property is prohibited. If you are not a property owner
within the PBCA you are TRESPASSING, AS ALL PBCA ROADS ARE PRIVATE.
Guests •or workers of residents must park on the resident's property, off the street, when they are visiting or working .
. ~f your vehicle is towed, you can recover it at:
REDONDO BEACH TOWING 310 530-0140
1417 Pennsylvania Avenue
Lomita, CA 90717
.-l
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McKenzie Bright
From:Claudia Gutierrez <claudia.pbca@gmail.com>
Sent:Tuesday, October 18, 2022 6:54 PM
To:McKenzie Bright
Subject:Re: Portuguese Bend Resolution for Sheriff to enforce CA Vehicle Code
Attachments:PBCA Feb 9, 1982 Annual Report.pdf
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Please add this interesting find to my earlier email please, PBCA February 9, 1982 Annual Report, two pages regarding
agreements made with the Sheriff...
Claudia Gutierrez
PBCA Director
VP, Treasurer, Roadsides West & East
310 872-4874
claudia.pbca@gmail.com
On Tue, Oct 18, 2022 at 3:28 PM McKenzie Bright <mBright@rpvca.gov> wrote:
Good afternoon Ms. Gutierrez,
Thank you for providing these comments and the flyer – they will be attached to the staff report for the November 1
meeting.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
C-11
C-12
ACCESS
CONTROL
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After unanimous agreement by the Board, and
nearly unanimous positive feedback from the
community, a new gate was placed in operation
during July at the Narcissa entrance. The present location
was chosen after much heated discussion, and with some strong
dissent among Board members. The issuance of cards and code
numbers seems to have progressed without any serious problems.
The gate is currently operable by code numbers from approximately
(the timer is not that accurate) 6 a.m. to 8;30 p.m. The
telephone system has not always been as hoped for, and the
Board continues to monitor and discuss alternatives. Thus far,
serious problems have been minifflal.
Budget restrictions have postponed some modific-
ations on the gate, and the replacement of the often resurrected
Peppertree gate. However, with time these will, hopefully, be
accomplished.
Related to access control is security. While the
gate has reduced many of the "cruising" and cul-de-sac party
re l ated problems, some others continue. Burglary is at a relat-
ively low rate, but instances are still occurring. Please
continue to report suspicious vehicles or at least jot down
license plate numbers and descriptions of the car and person.
Just watching a 4bad guy' is usually enough to scare him off. Police
relations are excellent at this time, and in spite of limited
man power (approximately 1.5 cars in R.P. V. at night) response
time is usually pretty fast.
Off-road vehicles continue to be a problem, especially
during warmer weather. During the past year, their use in the
area has resulted in two deaths, several injuries, and our biggest
concern, a brush fire. Again, report this activity to the sheriff;
while they can do nothing at the time, enough complaints will result
in the assignment of very effective special units. Most of these
vehicles are improperly adapted, and very capable of starting fires.
Many residents have questions regarding parking in
Portuguese Bend as a whole, and the gate areas particularly. The
following are the agreements made with the sheriff:-
1. Peppertree, Narcissa, and secondarily Sweetbay, are considered
access roads. There is no parking on these roads. ·
2. Other roads are termed residential streets where parking is
permitted, if not blocking access for emergency vehicles. This is
obviously to be enforced with great understanding, but is demanded
by Fire Department regulations, clearly for everyone's benefit.
Please note: clearance of less than 15 feet across is restriction
of access on a straightaway; more may be required on curves. The
department demands 26 feet on all access roads without any parking
within those boundaries.
/Because
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Because of the above, there is absolutely n o
parking near Peppertree gate , inside or o u t . To prov i de beac h
access, t he parking area behind the fence, off the road, near
the Narcissa gate has been opened for parking by P. RC.A.
resident members only, i n good standing (taxes paid) who display
a current sticker (at this wr iting, it is green on white)
permanently attached to t he vehicle. We have had many excuses on
notes in windows which are b elievable and usually false, None
will be accepted. Please use commonsense in parking; do not block
other vehicles. Obstructing vehicles will be towed away; tow
trucks will not merely move a car. If you really break down and
leave y o ur car in a restricted area, notify the access control
director, to prevent towing, particularly in summer daytime.
Enforcement tends to be stricter at that time, when outside beach
visitors are more of a problem.
Should you have any q u e s tions regarding the above,
contact a Director. If you h ave questions regarding .the security
a s pect of your own home, yo u may call myself or the Sheriff's
Department Community Relation s Area for suggestions.
FINANCE &
LEGAL
Respectfully submitted
Craig Ehlenberger
A number of steps were taken this year
our fiscal con tro l and accountability.
financial status of the corporation is
in the attached detailed report.
Respectfully submitted
John A. Tretheway
to improve
The
described
C-14
October 17, 2022
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re; Authorizing the Los Angeles Sheriff's Department to enforce provisions of the California Vehicle
Code on private roads owned and maintained by the Portuguese Bend Community Association.
I would encourage the City Council to approved this authorization. It is for the safety of residents,
guests, visitors and commercial enterprises while in the community with respect to motor vehicles.
Thank you.
Jeanne Smalley
56 Limetree Lane
Rancho Palos Verdes, CA 90275
1
McKenzie Bright
From:Sandra Hooper <sandyphooper@gmail.com>
Sent:Wednesday, October 19, 2022 7:27 AM
To:McKenzie Bright
Subject:Portuguese Bend Sheriff enforcement
Good Morning McKenzie,
We are in favor of the Sheriff department enforcing no‐parking zones along the roadway and enforcing speeding
regulations within the Portuguese Bend Community.
Illegal and dangerous parking and exceeding the speed limits are both safety issues that need to be addressed within all
areas of Rancho Palos Verdes, and Rancho Palos Verdes residents all need to follow the traffic and parking regulations.
Our opinion is that the Sheriff’s department needs to enforce these rules.
Sincerely,
Max and Sandra Hooper
17 Sweetbay
C-15
1
McKenzie Bright
From:Colleen Miller <colleen.miller1014@aol.com>
Sent:Wednesday, October 19, 2022 7:39 AM
To:McKenzie Bright
Subject:Parking and Sheriff in Portuguese Bend
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
I'm a 36 year resident. In the past we saw the presence of law enforcement in our community that some look at as a little
"off the grid"
28 years ago I got a rolling stop ticket at Narcissa and Cinnamon. Officer Lopez was a common sight in our community.
This year, we have had 3 home invasion robberies on my street. There are many new residents and visitors to the Horse
barns, that are not aware seemingly of traffic speed limits and parking limitations. We are considered a fire area and
these streets must remain accessible in case of fire to be used for fire lanes.
Please return the enforcement of State, County and City of RPV laws to our community.
Colleen Miller
9 Cinnamon Lane
Rancho Palos Verdes CA 90275
310-462-1586
C-16
1
McKenzie Bright
From:McKenzie Bright
Sent:Wednesday, October 19, 2022 9:58 AM
To:Reynolds Maxwell
Cc:Claudia Gutierrez
Subject:RE: support for PBCA measure to return to enforcement of parking on private roads
Good morning Mr. Maxwell,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting. One
clarification – this will be going before the City Council as a resolution, rather than a ballot measure. The City Council’s
decision after the public hearing conducted on November 1 will be to either adopt the resolution, authorizing the
Sheriff’s Department for enforce the vehicle code, or not adopting the resolution.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: Reynolds Maxwell <rmaxwell@headwalldevelopment.com>
Sent: Wednesday, October 19, 2022 8:45 AM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: Claudia Gutierrez <claudia.pbca@gmail.com>
Subject: support for PBCA measure to return to enforcement of parking on private roads
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello Ms. Bright and City Council‐
I am writing to voice my strong support for the ballot measure that Claudia is spearheading on behalf of PBCA to have
the sheriff’s office enforce the parking policies which we have for our private roads within PBCA. My parents Bob and
McNair bought their house at 7 E Pomegranate Rd in 1971. My sister and I grew up here and we still own it. Parking by
non‐residents on our road of Pomegranate has been an issue on and off for decades (we have an amazing view of the
C-17
2
ocean so people come up and park to look at the view and often do drugs while doing so). We would greatly appreciate
returning to the enforcement of our parking policies which we’ve had by the Sheriff’s department since 1982.
Thank you very much for your consideration of this matter and the hard work you do on behalf of all the residents
within our community.
Best,
Reynolds
Reynolds M. Maxwell
Headwall Development, LLC
919.593.1190
headwalldevelopment.com
Licensed Real Estate Broker:
OR & NC
CCIM
C-18
From:Roma Barba
To:McKenzie Bright
Subject:Please Restore Sheriff Enforcement in Portuguese Bend
Date:Wednesday, October 19, 2022 9:05:36 AM
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello McKenzie,
I live at 72 Narcissa Drive. I'd like for the Sheriff to reinforce no parking on Narcissa
Drive since it's a fire zone. We get random people who don't live here parking their
cars along Narcissa to hike the trails, so it would be very helpful to have the no
parking zones enforced, which is along all of Narcissa Drive. It's very dangerous too,
with several blind spots.
Thank you so much. Reach out anytime if you have any questions or want to talk to
me about this. Thank you for your time and consideration.
Cheers,
Roma BarbaBroker Associate | Lauren Forbes GroupDRE01359711
550 Silver Spur Road, Suite 110
Rancho Palos Verdes, CA 90275
m: 310.422.0652
LaurenForbesGroup.com
Ranked #1 on Zillow in Manhattan Beach + Hermosa Beach by client reviews!
Take a look at our listings!
C-19
1
McKenzie Bright
From:Michael L. Fiorentino Gutierrez <michael.g.fiorentino@gmail.com>
Sent:Wednesday, October 19, 2022 5:47 PM
To:McKenzie Bright
Subject:Please uphold the California Vehicle Code in PBCA
Attachments:PBCA Feb 9, 1982 Annual Report.pdf
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Good evening,
I am in full support of the California Vehicle Code being enforced in Portuguese Bend. As shown in the attached
document, the Sheriff had been enforcing the California Vehicle Code regularly since February 1982 (and previous to
that). It is unclear why the Sheriff chose to terminate their agreement with Portuguese Bend without notice.
I grew up in Portuguese Bend and would regularly see the Sheriff patrol the community throughout the 1990s and
2000s.
I have now returned to reside in Portuguese Bend and would like to see the CVC enforcement continue so that our
community can at the very least get assistance when there is a situation. It is an extremely dangerous liability to depend
on residents to enforce regulations against both outsiders and other residents without any police presence.
I also monitor the security cameras at both gates for Portuguese Bend, and I can fully attest to the fact that Portuguese
Bend absolutely needs Sheriff's protection. I have video evidence (that I can share upon request) of numerous crimes
occurring at both gates ‐ including non‐residents lying‐in‐wait and blocking the Peppertree Gate exit waiting to accost
someone.
We have numerous incidents of vandalism caught on video (including this year) in which the assailants caused tens of
thousands of dollars in damage to our gate systems, yet when we provided license plates and video evidence to the
Sheriff, they refused to provide help on ALL of these occasions because they refused to honor the CVC agreement that
has already been in place with Portuguese Bend since before 1982.
In addition to all of that, we also had multiple robberies earlier this year (in which the Sheriff was of minimal assistance
as well).
Additionally, Portuguese Bend is a very high fire hazard zone and has already experienced a fire in 2022. All Portuguese
Bend roads are fire roads and we have issues with certain residents and non‐residents blocking very important streets
with their street parking. Again, this is a situation where it is a dangerous liability to expect residents to approach these
individuals and deal with it without police presence ‐ especially in the situation of towing a vehicle.
We also have new residents and non‐residents that have become extremely aggressive towards elderly residents, and
we NEED Sheriff's protection from them. There are non‐residents regularly coming into our neighborhood with their
vehicles and dogs. They park illegally on fire roads and let their dogs attack residents. This has happened on multiple
occasions this year.
Furthermore, we regularly have outsiders that enter the neighborhood when visiting Abalone Cove, and again this is a
situation where we can't expect residents to deal with the enforcement of parking regulations and towing vehicles. It is
too much of a liability.
C-20
2
All of these crimes will undoubtedly continue to occur, especially without CVC enforcement.
To prevent Portuguese Bend's safety and security from deteriorating any further, we need the California Vehicle Code
enforced. Furthermore, we need the Sheriff to be responsive and ready to assist when we call upon them.
Portuguese Bend residents pay taxes just like every other resident in Rancho Palos Verdes; therefore, we are legally
entitled to CVC protection upon request.
I am looking forward to the CVC being enforced in Portuguese Bend.
Best regards.
‐‐
Michael L. F. Gutierrez
MTS Ventures Co. Partner
C-21
C-22
ACCESS
CONTROL
-3-
After unanimous agreement by the Board, and
nearly unanimous positive feedback from the
community, a new gate was placed in operation
during July at the Narcissa entrance. The present location
was chosen after much heated discussion, and with some strong
dissent among Board members. The issuance of cards and code
numbers seems to have progressed without any serious problems.
The gate is currently operable by code numbers from approximately
(the timer is not that accurate) 6 a.m. to 8;30 p.m. The
telephone system has not always been as hoped for, and the
Board continues to monitor and discuss alternatives. Thus far,
serious problems have been minifflal.
Budget restrictions have postponed some modific-
ations on the gate, and the replacement of the often resurrected
Peppertree gate. However, with time these will, hopefully, be
accomplished.
Related to access control is security. While the
gate has reduced many of the "cruising" and cul-de-sac party
re l ated problems, some others continue. Burglary is at a relat-
ively low rate, but instances are still occurring. Please
continue to report suspicious vehicles or at least jot down
license plate numbers and descriptions of the car and person.
Just watching a 4bad guy' is usually enough to scare him off. Police
relations are excellent at this time, and in spite of limited
man power (approximately 1.5 cars in R.P. V. at night) response
time is usually pretty fast.
Off-road vehicles continue to be a problem, especially
during warmer weather. During the past year, their use in the
area has resulted in two deaths, several injuries, and our biggest
concern, a brush fire. Again, report this activity to the sheriff;
while they can do nothing at the time, enough complaints will result
in the assignment of very effective special units. Most of these
vehicles are improperly adapted, and very capable of starting fires.
Many residents have questions regarding parking in
Portuguese Bend as a whole, and the gate areas particularly. The
following are the agreements made with the sheriff:-
1. Peppertree, Narcissa, and secondarily Sweetbay, are considered
access roads. There is no parking on these roads. ·
2. Other roads are termed residential streets where parking is
permitted, if not blocking access for emergency vehicles. This is
obviously to be enforced with great understanding, but is demanded
by Fire Department regulations, clearly for everyone's benefit.
Please note: clearance of less than 15 feet across is restriction
of access on a straightaway; more may be required on curves. The
department demands 26 feet on all access roads without any parking
within those boundaries.
/Because
C-23
-4-
Because of the above, there is absolutely n o
parking near Peppertree gate , inside or o u t . To prov i de beac h
access, t he parking area behind the fence, off the road, near
the Narcissa gate has been opened for parking by P. RC.A.
resident members only, i n good standing (taxes paid) who display
a current sticker (at this wr iting, it is green on white)
permanently attached to t he vehicle. We have had many excuses on
notes in windows which are b elievable and usually false, None
will be accepted. Please use commonsense in parking; do not block
other vehicles. Obstructing vehicles will be towed away; tow
trucks will not merely move a car. If you really break down and
leave y o ur car in a restricted area, notify the access control
director, to prevent towing, particularly in summer daytime.
Enforcement tends to be stricter at that time, when outside beach
visitors are more of a problem.
Should you have any q u e s tions regarding the above,
contact a Director. If you h ave questions regarding .the security
a s pect of your own home, yo u may call myself or the Sheriff's
Department Community Relation s Area for suggestions.
FINANCE &
LEGAL
Respectfully submitted
Craig Ehlenberger
A number of steps were taken this year
our fiscal con tro l and accountability.
financial status of the corporation is
in the attached detailed report.
Respectfully submitted
John A. Tretheway
to improve
The
described
1
McKenzie Bright
From:Suzanne Grifftih <suzannejoyblack@yahoo.com>
Sent:Wednesday, October 19, 2022 6:54 PM
To:McKenzie Bright
Subject:Portuguese Bend Sheriff Protection
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
My husband and I live at 13 Fruit Tree Road in Portuguese Bend. We are in favor of the proposed Petition to request
Sheriff protection again in Portuguese Bend.
Thank You!
Suzanne Black Griffith
Sent from my iPhone. Please forgive any typos.
C-24
1
McKenzie Bright
From:McKenzie Bright
Sent:Thursday, October 20, 2022 11:20 AM
To:Dave Zelhart
Cc:claudia.pbca
Subject:RE: Fire Road Access
Good morning Mr. Zelhart,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting. The
City Council will be considering a resolution to authorize the Sheriff’s Department to enforce the California Vehicle Code
(CVC) on PBCA private roads. This item is coming before the City Council because the PBCA Board of Directors submitted
a petition, pursuant to CVC section 21107.7, to authorize the Sheriff’s Department to enforce the CVC on association‐
owned private roads, as the CVC otherwise does not apply to private roads. The City Council will consider this resolution
after conducting a public hearing on November 1.
If the resolution is adopted, the Sheriff’s Department would have the authority to cite vehicles illegally parked.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
•Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at rpvca.gov/
participate.
•In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: Dave Zelhart <dzelhart@tesi.tech>
Sent: Thursday, October 20, 2022 11:08 AM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: claudia.pbca <claudia.pbca@gmail.com>
Subject: Fire Road Access
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
C-25
2
Dear McKenzie,
As I understand it, there is a motion before the City concerning the ability to keep our fire roads clear of illegally parked
automobiles.
I am completely in favor of this happening. There have been too many times where it is difficult to get my pick‐up past
an obstruction and to get to my house. A fire truck or ambulance has no chance.
Sincerely,
Dave Zelhart
6 Sweetbay Road
RPV, CA 90275
562‐480‐0207
NOTICE: This communication may contain privileged or confidential information.
If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing
the contents. If you were an intended recipient, you must maintain any privileged or confidential information in complete confidence and use only for its intended
purpose. Thank you.
NOTICE: This communication may contain confidential and privileged information and is for the sole use of the intended recipient(s).
If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without reviewing, using,
disclosing, copying or distributing the contents as such actions are prohibited. If you were an intended recipient, you must maintain any privileged or confidential
information in complete confidence and use only for its intended purpose. Thank you.
This email message has been delivered safely by Mimecast. For more information please visit
http://www.mimecast.com
C-26
1
McKenzie Bright
From:Jeremy Davies <jeremydavies2014@gmail.com>
Sent:Thursday, October 20, 2022 6:43 PM
To:McKenzie Bright
Subject:Re: Draft Resolution 1022
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Mckenzie
Many thanks for your prompt response and clarifications.
Jeremy Davies
On Thu, Oct 20, 2022 at 5:07 PM McKenzie Bright <mBright@rpvca.gov> wrote:
Good afternoon Mr. Davies,
Thank you for your suggestions – they will be attached to the staff report for the November 1 meeting.
The language within the draft resolution, if adopted, grants the Sheriff’s Department the authority to enforce the
California Vehicle Code (CVC). In terms of stop sign and speed compliance, a deputy must observe the infraction in
order to cite it. In terms of parking violations, it is anticipated that the primary application will be in response to calls
reporting a vehicle parked illegally (such as, reported by the PBCA Board). While the Sheriff’s Department currently has
authority to cite non‐CVC related infractions within PBCA, it is most likely CVC‐related infractions will be reported
rather than observed on the patrols, when they occur. Additionally, while the Sheriff’s Department would be
authorized to cite or warn vehicles in violation of the CVC, LASD cannot tow vehicles on private property.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
C-27
2
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited.
If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: Jeremy Davies <jeremydavies2014@gmail.com>
Sent: Thursday, October 20, 2022 4:50 PM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: Claire Leon <claire.pbca@gmail.com>; Claudia Gutierrez <claudia.pbca@gmail.com>; Kent Attridge
<kent.pbca@gmail.com>; Ben Zask <bzask.pbca@gmail.com>; Matt Nelson <Matt.pbca@gmail.com>; Gordon & Claire
Leon <gordon.leon@gmail.com>; kimnelson <kimnelson@cox.net>
Subject: Draft Resolution 1022
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear McKenzie,
I have the following observations on draft resolution 1022.
I believe that the PBCA intended that the Sheriff should have access into the community to assist the Board in enforcing
the citation of and the removal of vehicles specifically parked on the two principal fire truck access roads to our
Community, namely Peppertree Drive and Narcissa Drive. In addition, I believe that the objective was to also support
the Board in enforcing vehicles to stop at Stop signs and to not exceed the posted speed limits by the PBCA. May I
suggest that the final wording be modified to better circumscribe the Board's intent. I am suggesting that the Board
C-28
3
establishes a process for involving the Sheriff particularly with the demands on Sheriff resources that does not result in
frivolous calls to the Sheriff department.
With best regards
Jeremy
C-29
1
McKenzie Bright
From:Kevin Krose <kevinkrose11@gmail.com>
Sent:Thursday, October 20, 2022 8:30 PM
To:McKenzie Bright
Subject:Notice of California Vehicle Code
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
McKenzie,
I wanted to share my support of restoring the protection we’ve had since 1982. As a resident of Portuguese Bend, this is
very important to me and the community.
Thanks,
Kevin Krose
310‐775‐7561
C-30
1
McKenzie Bright
From:Madeleine McJones <homecoding@gmail.com>
Sent:Friday, October 21, 2022 4:37 AM
To:McKenzie Bright
Subject:Support for LACO Sheriff enforcement in PBCA fire roads
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello
This is important as we the home owners of PBCA need this action to be able to enforce blocking cars left in the middle
of the street parking. Fire truck and evacuation is critical here. There needs to be no questions or issues only immediate
enforcement equally on our small roads. Our lives may depend on these decisions.
Kindly allow this enforcement in PBCA as soon as possible.
Madeleine McJones
#3 Tangerine RPV CA
C-31
1
McKenzie Bright
From:McKenzie Bright
Sent:Monday, October 24, 2022 8:14 AM
To:Kristen Cumby
Subject:RE: Portuguese Bend resident requests support for sheriff presence and enforcement of fire road
ticketing and towing
Good morning Ms. Cumby,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting.
The proposed resolution, if adopted, grants the Sheriff’s Department the authority to enforce the California Vehicle
Code (CVC) on PBCA roads – the CVC does not otherwise apply to private roads. While the Sheriff’s Department would
be authorized to cite or warn vehicles in violation of the CVC, such as parking illegally, LASD cannot tow vehicles on
private property.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Kristen Cumby <kristencumby@cox.net>
Sent: Friday, October 21, 2022 11:35 AM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: Kristen Cumby <kristencumby@cox.net>
Subject: Portuguese Bend resident requests support for sheriff presence and enforcement of fire road ticketing and
towing
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello McKenzie
C-32
2
I have lived and owned my home in Portuguese Bend for 30 years.
I support having the sheriff allowed to ticket and tow any vehicle parked on any of our fire roads here in Portuguese
Bend.
In the past we were able to contact sheriff to ticket and/or tow cars illegally parked on fire roads but now that is no
longer the rule in effect. This has created an environment where cars are parking illegally with no concern.
May I have your support in this effort to keep all of the neighbors here safe in the event of fire or other need for clear
access for emergency vehicles in my neighborhood?
Thank you so much,
Kristen Cumby
9 Limetree Lane
Rancho Palos Verdes, CA 90275
310 502‐0105
Sent from my iPhone
C-33
1
McKenzie Bright
From:Sarah Staniunas <pbrc1@verizon.net>
Sent:Friday, October 21, 2022 12:22 PM
To:McKenzie Bright
Subject:Draft Resolution 1022
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear McKenzie Bright,
We are contacting you as residents of Portuguese Bend in support of Draft Resolution 1022. Our community struggles to
maintain safe driving speeds and clear roads for emergency vehicle access.
I am concerned that with out the help of law enforcement, adherence to safety and posted traffic laws will continue to
go unheeded.
Please help!
Thank you
Lisa Wolf and
Sarah Staniunas
Portuguese Bend Riding Club
www.pbrcride.com
310‐377‐3507 office
816‐996‐3175 mobile
C-34
1
McKenzie Bright
From:McKenzie Bright
Sent:Monday, October 24, 2022 8:35 AM
To:Constance Kellogg
Cc:Ben Zask; Peggy Sivert Zask; Dave Zelhart; Claudia Gutierrez; Corinne Gerrard; Corinne Gerrard
Subject:RE: PBCA Street Parking
Good morning Dr. Kellogg,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting.
The City Council will be considering a resolution to authorize the Sheriff’s Department to enforce the California Vehicle
Code (CVC) on PBCA private roads. This item is coming before the City Council because the PBCA Board of Directors
submitted a petition, pursuant to CVC section 21107.7, to authorize the Sheriff’s Department to enforce the CVC on
association‐owned roads, as the CVC otherwise does not apply to private roads. If the resolution is adopted, the
Sheriff’s Department would have the authority to cite or warn vehicles parked illegally.
Please let me know if you have any questions. Should you wish to participate in the meeting, you
may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: Constance Kellogg <psych2heal@yahoo.com>
Sent: Friday, October 21, 2022 4:27 PM
To: McKenzie Bright <mBright@rpvca.gov>
Cc: Ben Zask <bzzask@gmail.com>; Peggy Sivert Zask <pszask@gmail.com>; Dave Zelhart <dzelhart@tesi.tech>; Claudia
Gutierrez <clauderpv@hotmail.com>; Corinne Gerrard <corinne.pbca@gmail.com>; Corinne Gerrard
<corinne.gerrard@gmail.com>
Subject: PBCA Street Parking
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
C-35
2
To Whom It May Concern,
I understand that there is some disagreement stemming from some individuals thinking it is "ok" to
park on the street, or more appropriately, to park in such a manner on the street that traffic is blocked.
I am appalled that this would even be considered as anything but illegal for several reasons. Let me
outline these reasons below:
I am a long term resident of PBCA having moved into 42 Peppertree Drive, Rancho Palos Verdes, CA
when I was 6 years old upon the purchase of the property by my parents in 1971. As a result, I have a
very long history with this community and understand the nuances around these particular properties
relating to the landslide and property lines. Therefore, I find it outright DANGEROUS for the City of
Rancho Palos Verdes, PBCA, and/or Los Angeles County or California State legislature to allow
parking in the street in such a way that roadways are blocked.
1) I remember while growing up on 3 different occasions being called by the Fire Department to
evacuate my home with all the animals because of a fire.
2) As recently as June 26, 2022 there was a fire in the bean field kitty corner to my Dad's property
and where my son currently resides.
3) There are only 2 access roads into and out of PBCA, namely Peppertree Drive and Narcissa Drive.
If either one of those roads is blocked fully or partially then it makes it impossible for residents of
PBCA to leave the area creating a dangerous situation that could be life threatening.
I do not believe that either the city of Rancho Palos Verdes, the PBCA Board Members, the County of
Los Angeles, or the State of California would be willing to risk the lives of the PBCA residents and the
animals that live behind these gates because somebody would not want to follow basic California
driving laws. The California Department of Motor Vehicles under Special Parking Rules states, "when
you park alongside a curb on a level street, the front and back wheels must be parallel and within 18"
of the curb". It further states there is no parking or stopping on a street, highway, or freeway unless
for emergency purposes only. I understand that to mean if there is no emergency then it is illegal to
park anywhere on a street, highway, or freeway for safety reasons. Living in PBCA has further road
challenges because the streets for as long as I can remember have been narrow allowing at best 2
cars on the road at one time (one travelling in each direction).
Please for the safety of the residents of PBCA, their animals, and common law do not allow residents
to park in the streets of the PBCA. Thank you!
Kind Regards,
Constance Kellogg, Ph.D., LMFT, LPCC
"You are braver than you believe,
ou seem,
CONFIDENTIALITY NOTICE:
C-36
3
This e-mail communication, including any attachments, may contain confidential and/or legally-
privileged information. It is solely for the use of the intended recipient(s). Any unauthorized
interception, review, use, or disclosure is prohibited and may violate applicable laws, including the
Electronic Communications Privacy Act. If you are not the intended recipient, please contact the
sender by reply e-mail and permanently delete the original and any copies of this email and any
attachments thereto, and also destroy all other copies of the message.
C-37
COMMENTS IN OPPOSITION
C-38
1
McKenzie Bright
From:McKenzie Bright
Sent:Thursday, October 20, 2022 2:04 PM
To:David Leeper
Subject:RE: portuguese bend resoloution
Good afternoon Mr. Leeper,
If the resolution is adopted, it will grant authority for LASD to enforce the CVC – it does not have any impact on the
responsibility for the roadway nor the roadway conditions you mentioned, which remain PBCA’s.
As they are private roadways, the City is not responsible for their maintenance. The adoption of the resolution would
not have any impact on this.
Again, all of your comments are being included with the staff report.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: David Leeper <davidleeper2@hotmail.com>
Sent: Thursday, October 20, 2022 12:54 PM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: Re: portuguese bend resoloution
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Yes, I know that is the purpose, however, the question is what, if anything, is the legal effect of a resolution
to enforce traffic laws on roads which have no engineering? In other words, what is the legal effect of
the City authorizing enforcement on roads which do not have :
(1) normal warning signs or stop sign at blind intersections,
(2 ) where the speed limit, if posted, is merely decided by one or more directors, without
an engineer or similar professional,
(3 ) where there are steep embankments, next to the road, with no barricades,
(4 ) where the roads curve around large tree(s), a few inches from the road edge, etcetera.
Should the City require a professional's report stating that the
C-39
2
roads are currently reasonable safe before the City gets involved?
What does the City's insurer advise?
thanks,
d.
From: McKenzie Bright <mBright@rpvca.gov>
Sent: Tuesday, October 18, 2022 10:06 AM
To: David Leeper <davidleeper2@hotmail.com>
Subject: RE: portuguese bend resoloution
Good morning Mr. Leeper,
Thank you for your comments and your recommendation that a traffic study be conducted by PBCA prior to adoption of
the resolution, they will all be included in the report.
To your question: yes, the City Attorney’s Office has reviewed the materials for the City Council’s consideration. The
purpose of the resolution, if adopted, is to simply grant LASD authority to enforce the CVC on the private roads owned
and maintained by PBCA.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: David Leeper <davidleeper2@hotmail.com>
Sent: Tuesday, October 18, 2022 7:16 AM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: Re: portuguese bend resoloution
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
Your message(s) seems to indicate that the City will not possibly have any liability
as a result of the proposed resolution.
However, the legal authority cited in your email merely authorizes the resolution.
Is there any legal authority which indicates that the City would not
have any liability for any dangerous conditions on the roads as a result
of the passage of the proposed resolution?
Has an attorney been asked to give an opinion
as to whether the City might be assuming some liability?
Some facts are that some roads, like Peppertree Dr.,
have large trees a few inches from the edge of the pavement,
C-40
3
and the road abnormally curves around the tree(s).
Also, there is no normal barricade above a steep embankment.
Also, Peppertee Dr. has three or four blind intersections with no normal warning signs, nor stop signs.
The question is how much would the passage of the proposed resolution get the City involved?
It seems as if an injured accident victim could rationally claim
that the passage of the proposed resolution impliedly
or tacitly approved any speed limit(s) posted, and other road conditions,
on the grounds that the City would not be expected to approve of enforcement
of traffic laws on unsafe roads, or with unsafe speed limits.
Conclusion: As a condition of approval of the resolution,
compliance with safety requirements,
as determined by a traffic engineer,
seem advisable, with requirements updated every few years,
and an indemnification provision.
From: McKenzie Bright <mBright@rpvca.gov>
Sent: Monday, October 17, 2022 2:03 PM
To: David Leeper <davidleeper2@hotmail.com>
Subject: RE: portuguese bend resoloution
Good afternoon Mr. Leeper,
Thank you for your additional comments, they will be attached to the staff report.
For some additional information, the California Vehicle Code (CVC) does not apply to private roads, therefore the
Sheriff’s Department (LASD) does not have authority to enforce it. One notable exception is driving under the influence,
which is enforceable regardless of the location of the incident, but in general, vehicle‐related infractions are not
enforceable on private roads. For example, if a car were parked blocking the roadway of a private road, law
enforcement could not cite the vehicle. Speeding enforcement is also governed by the CVC.
CVC § 21107.7 identifies procedures for either the majority of property owners of a private road or a majority of the
board of directors of a common interest development, such as PBCA Directors, to request this enforcement. On July 18,
the PBCA Board of Directors submitted a petition to the City, pursuant to this section, requesting authorization for LASD
to enforce the CVC on private roads. Under this section, the City Council must hold a public hearing before considering a
resolution to this effect and determining whether to adopt it.
If the City Council were to adopt the resolution, authorizing the enforcement of the CVC on PBCA private roads, LASD
would have the authority to cite the vehicle parked blocking the roadway, as provided in the example above. If the City
Council does not adopt the resolution, there would be no change to existing procedures. Regardless of whether the
resolution is adopted or not, PBCA/the homeowners retain all responsibility for maintaining the roadway, as they are
private roads.
Again, thank you for your additional comments. Your concerns will be called out in the staff report.
Sincerely,
McKenzie
C-41
4
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: David Leeper <davidleeper2@hotmail.com>
Sent: Monday, October 17, 2022 11:10 AM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: Re: portuguese bend resoloution
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
I believe that the police can't VALIDLY enforce a speed limit
without an engineer's survey determining a safe speed,
and then posting sufficient signs.
Secondly, PB roads are NOT owned by one entity that can give
permission for traffic enforcement, like in a shopping center situation.
Instead, all the lot owners have an easement over all the roads.
There is a question as to whether the current directors have
the power to LAWFULLY give enforcement powers.
Thirdly, if the City assumes enforcement powers, does not the City also impliedly
assume some responsibilities? Responsibilities could include normal signage,
(warnings of blind intersections, or stop signs),
normally installed barricades above steep areas, (Peppertree Northerly of Limetree),
and other normal safety features on roads?
Where possible, safe roads may include straightening roads to give reasonable visibility
from "blind" driveways, and warning signs at blind intersections.
Would the City have an engineer do a report on the roads?
Thus, would not the City be exposed to liability if the City just caused traffic tickets and related fines,
but did not cause any normal safety features on the roads?
To some people, this might appear to be, or smell like,
just collecting money without taking any responsibility.
Thus, the City may want to wait until a traffic engineer's report is done,
listing safety related, and enforcement related problems,
and then getting any such problems fixed and approved by the engineer,
and possibly by the City's insurer,
as a condition to any City involvement in traffic enforcement.
Liability and responsibility may come with the benefits.
thanks,
d.
From: McKenzie Bright <mBright@rpvca.gov>
C-42
5
Sent: Monday, October 17, 2022 8:09 AM
To: David Leeper <DavidLeeper2@hotmail.com>
Subject: RE: portuguese bend resoloution
Good morning Mr. Leeper,
Thank you for your comments, they will be attached to the staff report for the November 1 meeting. The City Council
will be considering this item because the PBCA Board of Directors submitted a petition, pursuant to California Vehicle
Code (CVC) section 21107.7, to authorize the Sheriff’s Department to enforce the CVC on association‐owned private
roads.
To your question: the resolution will apply to the private roads owned and maintained by PBCA. In terms of signage,
PBCA retains responsibility for erecting signage and/or traffic markings.
Please let me know if you have any additional questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Thank you,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From: David Leeper <DavidLeeper2@hotmail.com>
Sent: Saturday, October 15, 2022 11:27 AM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: portuguese bend resoloution
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
The police may not continue to enforce, if cases get dismissed.
Cases could get dismissed if defendants question the current conditions
of the roads, which lack engineering of the roads,
such as by argument that the roads do not have proper signs.
Speed limits require engineering.
Peppertree Dr. is the main road used by trucks, but there are four (4) blind
C-43
6
intersections, with no stop signs nor warning signs, and Peppertree Dr. has
become much more winding than when the original 25 mph speed limit was posted,
in the 1950's.
Before enforcement, it should be determined and documented what the speed limits should be,
and what signs are needed at blind intersections, (normally 15 mph), and where the limit lines should
be at the stop signs.
Also, Vanderlip Dr. is a very narrow street, and it is not in the association, so is it included?
thanks, david leeper
C-44
1
McKenzie Bright
From:McKenzie Bright
Sent:Thursday, October 20, 2022 7:49 AM
To:Nassim Moradi
Subject:RE: No to Parking Restrictions in Portuguese Bend
Good morning M. Moradi,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting.
Please let me know if you have any questions. Should you wish to participate in the meeting, you may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Nassim Moradi <nassim.moradi@yahoo.com>
Sent: Wednesday, October 19, 2022 7:57 PM
To: McKenzie Bright <mBright@rpvca.gov>
Subject: No to Parking Restrictions in Portuguese Bend
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council
I oppose the resolution regarding “enforcing no parking on fire roads in Portuguese Bend to be enforced by Sheriff.“ I
agree that the main roads of the community such as Narcissa Drive should be no parking zone but for other streets it is
not practical and will become a hardship for homeowners.
Respectfully
NM
C-45
1
McKenzie Bright
From:McKenzie Bright
Sent:Thursday, October 20, 2022 1:50 PM
To: ; CityClerk; David Bradley; CC
Subject:RE: Response to letter Portuguese Bend
Good afternoon,
Thank you for providing these comments – they will be attached to the staff report for the November 1 meeting.
The City Council will be considering this item pursuant to California Vehicle Code (CVC) section 21107.7, which was
initiated by a petition submitted by the PBCA Board. After conducting a public hearing, the City Council will consider a
resolution authorizing the Sheriff’s Department to enforce the CVC on roads owned and maintained by PBCA. The CVC
does not apply to private roads, except via a process outlined in CVC 21107.7, and in rare circumstances such as driving
under the influence. If the resolution is adopted, deputies would have the authority to cite general CVC infractions. If
the resolution is not adopted, there would be no change in enforcement as it pertains to the CVC.
Please let me know if you have any questions. Should you wish to participate in the meeting, you
may do so:
Virtually – you may sign up to receive the Zoom link or to leave a pre‐recorded voice message at
rpvca.gov/participate.
In person – in McTaggart Hall at Hesse Park. The meeting begins at 7pm.
Sincerely,
McKenzie
McKenzie Bright, Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310‐544‐5305 | mbright@rpvca.gov
Connect with the City from your phone or tablet, download MyRPV.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
From:
Sent: Thursday, October 20, 2022 1:28 PM
To: McKenzie Bright <mBright@rpvca.gov>; CityClerk <CityClerk@rpvca.gov>; David Bradley
<david.bradley@rpvca.gov>; CC <CC@rpvca.gov>
Subject: Response to letter Portuguese Bend
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Makenzie Bright,
C-46
2
I am a resident of Portuguese Bend, as noted in the notice of a hearing letter, I have opted to omit personal details.
I share grave concerns with regard to the notion of Sheriff's vehicle enforcement in the small community of
Portuguese Bend.
If any area needs policing, it's not Portuguese Bend. Claudia Gutierrez and the board are trying to exploit their position
and garner special treatment. The proposal has stirred up a hostile response, some residents plan on drawing media
attention to such resources being committed to a private road and gated community. Legal counsel is currently being
sought to look into the matter.
Portuguese Bend should hire a private security company to maintain the appearance of order, not expect to utilize the
Sherrif department as private security.
In addition, I do not want gardeners, nannies, and young adults to be harassed under the guise of vehicle enforcement.
The Sheriff's department should focus its resources on other aspects of the city. The road/parking lot is not generally
considered to be open to the public for vehicular traffic use. For the ticket/citation to stand, the prosecution must prove
that the roadway was open for use by the general public.
Portuguese Bend residents can monitor their own community and find methods to remedy the minor infractions the
community faces. THIS IS A PRIME EXAMPLE OF A GROSS MISUSE OF FUNDS.
Thank you for your time,
Portuguese Bend resident
C-47
QUESTIONS OR ADDITIONAL
C-48
1
McKenzie Bright
From:Ara Mihranian
Sent:Tuesday, October 18, 2022 9:09 AM
To:McKenzie Bright; Karina Banales
Subject:FW: Notice for California Vehicle Code/PBCA Board Support
Attachments:RPV Notice Authorizing the Sheriff to enforce the CA Vehicle Code.pdf; PBCA Letter Petition for CA
Vehicle Code Oct 2022.pdf; PBCA No Parking Warning Flyer.pdf
From: Claudia Gutierrez <claudia.pbca@gmail.com>
Sent: Monday, October 17, 2022 8:13 PM
Subject: Notice for California Vehicle Code/PBCA Board Support
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Members,
On October 11th the City of RPV mailed a Notice for a Petition the PBCA Board filed with the City for the Sheriff to
Enforce the Vehicle Code. Please read the attached letter explaining it.
Take care,
Claudia Gutierrez
PBCA Director
VP, Treasurer, Roadsides West & East
310 872-4874
C-49
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C-50
To PBCA Members;
Over the past year on the PBCA Agenda has been the California Vehicle Code. After three Noticed
meetings, discussion was held and a vote taken by the Board to file a Petition before the City of RPV to
have the California Vehicle Code enforced in Portuguese Bend.
History: In the past the California Vehicle Code was enforced by the Sheriff on our private roads.
Because of a change in the law for private roads, now a Petition must be filed to request that the Sheriff
enforce the vehicle code on private roads. Years ago, while I served on the Board and the Architectural
Committee, myself and the other Directors on occasion would call the Sheriff to assist with vehicles not
abiding by the posted speed limits, failing to stop at the posted stop signs and street parking on the
main fire roads of Narcissa and Peppertree.
Over a year ago when the Sheriff was called regarding illegal parking, we were informed that our private
roads do not have Sheriff protection for illegal parking, speeding, in fact the Sheriff gave an example
that a 10 year old could be driving a car and they have no jurisdiction to cite the parents.
I have heard let’s just police ourselves like in the old days. Well in the old days we were policed by the
Sheriff. The PBCA will continue to set the speed limits and what streets have no street parking, which is
Peppertree and Narcissa. If you read page 11 B)2) of the PBCA Architectural Standards, it states:
“Parking is prohibited on all PBCA roads and right-of-ways. Upon complaint from any PBCA member, the
board will post a warning on the vehicle and, after 24 hours, may have any car, truck, trailer, or other
vehicle located on PBCA roadways towed at the owner’s expense.”
Many of these warnings have been posted on vehicles, attached is the warning flyer that has been
issued for decades. This flyer is also posted on vehicles that are parked on our private roads using the
open space surrounding our community and at the Narcissa Gate lot when the public parks to access the
beach across the streets.
At both entry gates is the posted signs that All Roads are Fire Lanes. Yet we have both residents and the
public still parking on our main roads of Peppertree and Narcissa consistently. Every summer I post at
least 20 of these flyers on public vehicles parked at the Narcissa Gate lot, several given to the same
resident and their workers on Narcissa for over a year, and one to a vacant lot owner who parks on
Peppertree with their guests. Both of these mentioned continue to park on Narcissa and Peppertree.
The Sheriff has been called and we were told that they do not tow vehicles, they only show up to keep
the peace. Currently a Director has to call the tow truck company, be present when it arrives and sign
their name to have the vehicle towed. PBCA does not have a citation process.
C-51
PO BOX 2908
Palos Verdes Peninsula
CA 90274
The PBCA for the past several years has had problems with excessive speeding, reports of 60mp just this
past weekend. The PBCA installed speed bumps on various streets. We continue to have speeding
problems, the PBCA has no citation process for that.
Society has changed, attitude of some residents has changed, and it is sometimes not safe for Directors
to try to enforce the no parking on Narcissa and Peppertree. We have zero enforcement for failure to
adhere to the posted speed limits or the posted Stop signs.
Every time a flyer is posted on a vehicle, we risk a confrontation. We are volunteer Directors, and we
feel it is best to have the Sheriff be able to enforce the California Vehicle Code on our roads, just as they
did in the past.
In speaking with Captain Powers, he indicated they have one patrol car for RPV for vehicle code
enforcement, he said they will not tow vehicles, but the Sheriff can give warnings and citations.
The question came up about immigration status being questioned, that is not part of the vehicle code.
Another question was about illegal building, that is not part of the vehicle code.
This does not make our roads public.
Our roads do not have to change in dimension or curbing, this is just for the vehicle code.
The Board felt to ensure the safety of our community this Petition to allow the Sheriff to enforce the
California Vehicle Code on our roads is important and we hope you support this resolution.
Sincerely,
Claudia Gutierrez
VP, Treasurer, Roadsides West & East
C-52
C-53
•'
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TO ALL RESIDENTS AND NON-RESIDENTS:
.-• I I , -• •.-"""'• Ir
POBOX2908
Palo Verde P ninsula
CA90274
Portuguese Bend is a private community. Posted at both entrance gates are signs "NOTICE ALL ROADS ARE FIRE
LANES ILLEGALLY PARKED VEHICLES MAY BE TOWED AWAY C.V.C. 22658a Sheriff Dept 310 539-1661" If you park on
any of the roads your vehicle can be towed at your expense. Parking on ANY PBCA road to access the Nature Preserve
trails for hiking, cycling, visiting the beach, or visiting your property is prohibited. If you are not a property owner
within the PBCA you are TRESPASSING, AS ALL PBCA ROADS ARE PRIVATE.
Guests •or workers of residents must park on the resident's property, off the street, when they are visiting or working .
. ~f your vehicle is towed, you can recover it at:
REDONDO BEACH TOWING 310 530-0140
1417 Pennsylvania Avenue
Lomita, CA 90717
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C-54
----
October 11 , 2022
ADMINISTRATION DEPARTMENT
CITY MANAGER'S OFFICE
NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Rancho Palos Verdes will conduct
a public hearing on Tuesday~ November 1, 2022_, at 7:00 p.m to consider the following:
Authorizing the Los Angeles County Sheriff's Department to enforce provisions of
the California Vehicle Code on the private roads owned and maintained by the
Portuguese Bend Community Association.
If you have any comments or concerns about the proposed application of the California Vehicle
Code to the private roads within the Portuguese Bend Community Association , please
communicate those thoughts in writing to McKenzie Bright , Administrative Analyst , by noon on
Friday, October 21, 2022 . Please note that written materials, including emails , submitted to the
City are public records and may be posted on the City 's website. Accordingly , you may wish to
omit personal information from your written materials as it may become part of the public record .
Written comments submitted after noon on October 21 , 2022 , will be provided to the City Council
as late correspondence .
The meeting will take place remotely in accordance with Government Code Section 54953(e) et
seq . (AB 361 ), and Resolution 2022-55 adopted by the City Council on September 20 , 2022, and
will be conducted through a hybrid combination of in-person and/or virtual attendance of the five
members of the City Council and invited staff at Hesse Park, Mc Taggart Hall , 29301 Hawthorne
Boulevard and via teleconference using the Zoom platform and broadcast live on the City 's
website at rpvca .gov/agendas and on RPVtv channels Cox 35 and Frontier 39 .
If you would like the opportunity to discuss or review the draft resolution language , it is on file in
the City Manager's Office at 30940 Hawthorne Boulevard, Rancho Palos Verdes, and is available
for review from 7 :30 AM t.9 5:30 PM MoAda-y tArougl:l-Thursday , and from 7 :30 AM to 4 :30 PM
Friday .
The November 1, 2022, City Council staff report will be available on the City 's website ,
rpvca .gov/agendas , on Tuesday , October 25 , 2022 , under "City Council meeting ."
If you have any questions regarding this action or to view the proposed resolution , please contact
McKenzie Bright at mbright@rpvca .gov .
Ara Mihranian
City Manager
NOTE : STATE GOVERNMENT CODE SECTION 65009 NOTICE : If you challenge this application in court, you
may be limited to raising only those issues you or someone else raised in written correspondence
delivered to the City of Rancho Palos Verdes during the public review period described in this notice.
30940 HAWTH0 R'IE BLVD./ RAN CHO PA!0S VER0E S, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA .GOV
1
McKenzie Bright
From:Ara Mihranian
Sent:Wednesday, October 19, 2022 7:12 AM
To:McKenzie Bright; Karina Banales
Subject:Fwd: Update: Notice for California Vehicle Code/PBCA Board Support
Attachments:PBCA Feb 9, 1982 Annual Report.pdf
Ara Michael Mihranian
City Manager
___________________________________
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30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310-544-5202 (telephone)
310-544-5293 (fax)
aram@rpvca.gov
www.rpvca.gov
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From: Claudia Gutierrez <claudia.pbca@gmail.com>
Sent: Wednesday, October 19, 2022 4:35:03 AM
Subject: Update: Notice for California Vehicle Code/PBCA Board Support
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Members:
Please find attached the Annual Report dated February 9, 1982, two pages which indicate an agreement with the
Sheriff's Office, regarding the parking on fire roads in Portuguese Bend.
Please realize members we had this enforcement by the Sheriff for decades and for some reason it changed without
notification to the PBCA. The Petition is requesting to restore the protection we had since 1982.
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Many members are mistaken that this is something new, and oppose it for unwarranted and unrelated reasons, which I
addressed in my previous email letter.
This is to prove that the PBCA had an agreement with the Sheriff to begin with. Once again the PBCA Board would
appreciate your support in this resolution and to write to the City Council by the due date of October 21, 2022 to
McKenzie Bright at mbright@rpvca.gov
Thank you.
Claudia Gutierrez
PBCA Director
VP, Treasurer, Roadsides West & East
310 872-4874
claudia.pbca@gmail.com
C-56
C-57
ACCESS
CONTROL
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After unanimous agreement by the Board, and
nearly unanimous positive feedback from the
community, a new gate was placed in operation
during July at the Narcissa entrance. The present location
was chosen after much heated discussion, and with some strong
dissent among Board members. The issuance of cards and code
numbers seems to have progressed without any serious problems.
The gate is currently operable by code numbers from approximately
(the timer is not that accurate) 6 a.m. to 8;30 p.m. The
telephone system has not always been as hoped for, and the
Board continues to monitor and discuss alternatives. Thus far,
serious problems have been minifflal.
Budget restrictions have postponed some modific-
ations on the gate, and the replacement of the often resurrected
Peppertree gate. However, with time these will, hopefully, be
accomplished.
Related to access control is security. While the
gate has reduced many of the "cruising" and cul-de-sac party
re l ated problems, some others continue. Burglary is at a relat-
ively low rate, but instances are still occurring. Please
continue to report suspicious vehicles or at least jot down
license plate numbers and descriptions of the car and person.
Just watching a 4bad guy' is usually enough to scare him off. Police
relations are excellent at this time, and in spite of limited
man power (approximately 1.5 cars in R.P. V. at night) response
time is usually pretty fast.
Off-road vehicles continue to be a problem, especially
during warmer weather. During the past year, their use in the
area has resulted in two deaths, several injuries, and our biggest
concern, a brush fire. Again, report this activity to the sheriff;
while they can do nothing at the time, enough complaints will result
in the assignment of very effective special units. Most of these
vehicles are improperly adapted, and very capable of starting fires.
Many residents have questions regarding parking in
Portuguese Bend as a whole, and the gate areas particularly. The
following are the agreements made with the sheriff:-
1. Peppertree, Narcissa, and secondarily Sweetbay, are considered
access roads. There is no parking on these roads. ·
2. Other roads are termed residential streets where parking is
permitted, if not blocking access for emergency vehicles. This is
obviously to be enforced with great understanding, but is demanded
by Fire Department regulations, clearly for everyone's benefit.
Please note: clearance of less than 15 feet across is restriction
of access on a straightaway; more may be required on curves. The
department demands 26 feet on all access roads without any parking
within those boundaries.
/Because
C-58
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Because of the above, there is absolutely n o
parking near Peppertree gate , inside or o u t . To prov i de beac h
access, t he parking area behind the fence, off the road, near
the Narcissa gate has been opened for parking by P. RC.A.
resident members only, i n good standing (taxes paid) who display
a current sticker (at this wr iting, it is green on white)
permanently attached to t he vehicle. We have had many excuses on
notes in windows which are b elievable and usually false, None
will be accepted. Please use commonsense in parking; do not block
other vehicles. Obstructing vehicles will be towed away; tow
trucks will not merely move a car. If you really break down and
leave y o ur car in a restricted area, notify the access control
director, to prevent towing, particularly in summer daytime.
Enforcement tends to be stricter at that time, when outside beach
visitors are more of a problem.
Should you have any q u e s tions regarding the above,
contact a Director. If you h ave questions regarding .the security
a s pect of your own home, yo u may call myself or the Sheriff's
Department Community Relation s Area for suggestions.
FINANCE &
LEGAL
Respectfully submitted
Craig Ehlenberger
A number of steps were taken this year
our fiscal con tro l and accountability.
financial status of the corporation is
in the attached detailed report.
Respectfully submitted
John A. Tretheway
to improve
The
described