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CC MINS 19980120 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JANUARY 20, 1998 The meeting was called to order at 5:40 P.M. by Mayor Ferraro at the Hesse Park Fireside Room, 29301 Hawthorne Boulevard. Roll call was answered as follows: PRESENT: McTaggart, Byrd, Lyon, Hollingsworth and Mayor Ferraro. ABSENT: None. Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Assistant City Manager Carolynn Petru, Interim Planning, Building and Code Enforcement Director Joel Rojas, Project Coordinator Trayci Nelson, Administrative Services Director/ City Clerk Jo Purcell, and Recording Secretary Chandra Kincaid. PUBLIC HEARING View Restoration Permit No. 37 - Appeal (Applicant: Dr. Kenneth Daponte, 3662 Greve Drive; Foliage Owners: Mr. Roy Lorenz (1203 x 1806) Project Coordinator Nelson presented the staff report of January 20, 1998, and the recommendation to Adopt Resolution No. 98 -; affirming the decision of the View Restoration Commission and approving View Restoration Permit No. 37 upon finding that all applicable findings have been correctly made and all provisions of Section 17.02.040(C)(2) have been complied with. Ms. Nelson confirmed that Mr. Patton took issue with the recommendation to top down two Fir Pine trees on his property which does not relate to a privacy issue. However, regarding Mr. Lorenz' property, it is a privacy issue. Roy Lorenz, 30419 Ganado Drive, read from a letter he prepared for this hearing; and pointed out that Proposition M is in violation of the United States and California Constitutions; and that any agreement entered into by him is to be considered made under protest and under duress and coercion of unwarranted police action by RPV. Kenneth Patton, 30411 Ganado Drive, finished reading Mr. Lorenz's letter. John Echevarrieta stated that Proposition M deceived the people into thinking that if there was existing foliage it would be grandfathered in. He also stated that Mr. Lorenz is a clean, honest, and decent man who has complimented the neighborhood for 35 years. He further described Proposition M as a lemon and stated that he has a petition signed by 48 residents disagreeing with Proposition M. Kenneth Daponte, 3662 Greve Drive, explained that the issues in the appeal having to do with privacy are non - existent because he cannot see any portion of the Lorenz' residence from his viewing area; and regarding a safety issue, he explained that has been addressed by the geotechnical expert who says that there is no safety issue. He also noted that the VRC was a compromise because the trees that will be reduced will be higher than the ridge line; and requested that, based on those facts, and the fact that he is going to replace any trees that are removed with reasonably sized trees, this appeal be denied and proceed with VRC's recommendations. Mr. Lorenz clarified that, regarding the second paragraph of his letter in which he referred to Dr. Daponte gaining a view that was not attached to his property when he purchased it, explained that you do not own the view, you own the space. He also stated that, as a compromise, he would be willing to have the Monterey Pines removed. Discussion ensued in an attempt to reach a compromise as to which trees should be replaced /removed. Mr. Lorenz explained that the Monterey Pine trees provide shade in the summertime and protect against the wind in the winter. Dr. Daponte noted that he has paid for this application fee twice; and that his offer of replacing Mr. Lorenz' trees should the other ones die is still good. Mr. Lorenz commented that he has offered to compromise by allowing Dr. Daponte to either remove the trees on the side or remove the Monterey Pines; and mentioned that he does not understand why Dr. Daponte should be allowed to remove all of his trees. Mrs. Lorenz mentioned that Dr. Daponte's trees blocks his own view; that his fence is located on their property; and that the trees provide much needed privacy. On a motion by Mayor Pro Tem Hollingsworth, seconded by Councilman Byrd, Mayor Ferraro closed the public hearing. Councilwoman Lyon moved, seconded by Councilman Byrd, for the City Council to dismiss the appeal and affirm the View Restoration's decision, with the modification to accept the offer made by Dr. Daponte. (Discussion ensued after the motion regarding the issues in this case.) *An amended. City Council Minutes Adjourned Meeting - January 20, 1998 Page 2 motion ultimately carried without objection; see the bottom of this page. At Council's request Ms. Nelson reviewed the map and stated what would happen to each tree according to the proposed VRC plan and any compromises that have been made. Councilwoman Lyon agreed to accept, as an amendment to her motion, that tree No. 14 on Mr. Lorenz' property be removed and replaced. Responding to Council's suggestion Dr. Daponte agreed to include any tree of those stipulated for possible removal to include the removal, grinding out of the stump, and replacement of a tree of a substantial size -- 15 gallon tree. It was the decision of Mr. Patton to remove trees No. 1 -3 from his property. Mr. Lorenz requested that an arborist come to his property to help him make a decision regarding his trees. Dr. Daponte requested that a dollar amount be placed on the cost of each replacement tree; and noted that the 15- gallon trees that he has proposed cost $75 each. City Attorney Lynch recommended bringing this item back to the next City Council meeting, after receiving a recommendation from an arborist in order to frame the language for the resolution. Council suggested that the arborist bring forth a recommendation as to the type of replacement trees that are best suited along with a cost estimate. The motion was amended and adopted in the following form: Affirm VRC's recommendation with the following modifications: Remove all of Mr. Patton's trees No. 1 -3 as shown on the diagram; that Dr. Daponte will remove and replace trees No. 1 -7, 10, 11, and 14 on the Lorenz' property in addition to the other items that he has already agreed to remove and replace with 15- gallon trees, including stump removal; and that the arborist between now and the approval of the resolution wi I I go out to the Lorenz' property and make recommendations to Mr. Lorenz and the City. Motion carried without objection. Council requested that the arborist determine exactly how many of trees needed to be City Council Minutes Adjourned Meeting - January 20, 1998 Page 3 replaced. ADJOURNMENT: At 6:55 P.M., the hearing was formally adjourned on motion of Councilman Byrd. ATTEST: I R1IN CLERK UP \CITYCLERKWIINUTESW12098AD.CCM City Council Minutes Adjourned Meeting - January 20, 1998 Page 4