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VRC MINS 19900802 4111 111 g/b/go MINUTES VIEW RESTORATION COMMITTEE CITY OF RANCHO PALOS VERDES AUGUST 2, 1990 The meeting was called to order at 7:07 p.m. by Chairman Clark at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Committeemembers Boudreau, Burrage, Cartwright , Eastwood, Lorenzen, Murphy, Quatrochi , Sweetnam, Weisz , Chairman Clark ABSENT None Also present were Director of Environmental Services Robert Benard, Senior Planner Carolynn Petru, Assistant City Attorney Deborah Hakman and Recording Secretary Lucile Rogers. COMMUNICATIONS Senior Planner Petru reported that the Point Vicente Interpretive Center has invited Committeemembers and other members of the community to see their new shell and fossil collection at a wine and cheese reception on Friday, August 10 from 7:00 to 9:00 p.m. Assistant City Attorney Hakman summarized her memorandum of July 18, 1990 regarding "Committee Jurisdiction over the Palos Verdes Peninsula Unified School District , " stating that the View Restoration Ordinance gives the Committee jurisdiction over the school district ; however , state law allows the schools to exempt themselves from city zoning ordinances. Mr. Benard said staff is not aware of any action by the school district to exempt themselves. If a case arises involving school property the "good neighbor policy" should be invoked first. Ms. Burrage commented that in the past the school district has removed trees whenever they have been asked to do so. CONSENT CALENDAR There were no items on the consent calendar. PUBLIC HEARINGS Public hearings have not been held to date , and no members of the public were present. -1- CONTINUED BUSINESS - Draft View Restoration Committee Rules of Procedure Vice Chairman Sweetnam noted that the Committee should be uniformly referred to as "the View Restoration Committee" throughout the Rules of Procedure. He also suggested that the second sentence of Paragraph 4. 1 . 1 be changed to read: "A quorum consists of four (4) Committee members or alternates. " Chairman Clark questioned Paragraph 4. 1 .6 regarding absentees . After discussion it was agreed the first sentence would be amended to read: "A Committee member who is otherwise qualified but is absent from any portion of a hearing . . . had he or she personally attended the entire hearing . " Committeemembers agreed that Paragraph 2.4 will be amended to show that procedures for closing and reopening public hearings would be by motion and majority vote. Regarding Paragraph 2.8, Chairman Clark asked whether the Committeemembers might have direct access to the City Attorney. It was explained by Mr. Benard that in order to maintain control over legal costs it is City policy to require committee or commission members to make such requests through the Director of Environmental Services. In case of a conflict , the matter would be brought to the City Manager for a final determination. There was a discussion of Paragraph 4. 1 and agreement to leave it as it reads in the draft. Vice Chairman Sweetnam moved that the Draft Rules of Procedure be accepted as amended. The motion was seconded by Committee Member Quatrochi and carried unanimously, NEW BUSINESS An article on the View Restoration Committee which appeared in the August 1 Daily Breeze was read, and the general feeling was that it was accurate as far as it went . More information needs to be disseminated so the public will really understand the functions of the Committee. Chairman Clark advised he will be meeting with the City Manager to discuss the concept of a spot on Channel 3 and other forms of media coverage to ensure the accurate and complete coverage of the Committee 's purposes and accomplishments. It was suggested that the press be invited to the first public hearing, on September 6. Staff will make the arrangements. -2- 110 110 STAFF REPORTS Senior Planner Petru advised that eight applications for View Restoration Permits have been received to date, as indicated in her memorandum of August 2, 1990. It is anticipated that the first three applications will be considered at the meeting of September 6, 1990. Site visits by Committeemembers may begin after August 6 (only to the first three applicants) . Staff was requested to provide to the Committee the status of future applications as they are received , but without the specific addresses. The question of the personal liability of Committeemembers arising out of the performance of their duties was addressed by Assistant City Attorney Hakman. She explained that the likelihood is extremely remote, the only areas of possible liability being defamation, civil rights violations (due process or discrimination) , or violations of the Brown Act or Fair Political Practices Act (illegal meetings or conflicts of interest) . State law requires cities to defend and indemnify any employee acting within the scope of his employment , and Attorney Hakman added that appointees would be considered "employees" in this context. Committeemembers expressed their pleasure with the reported obligation of the City to defend them. Director of Environmental Services Benard cautioned Committee- members and staff to be sure they have valid authorization to go onto a specific property . The foliage owners as well as the applicants will be directed by Staff to provide written authorization as to when it is permissible to enter their property. Name tags and business cards will be provided to Committeemembers and should be carried on all site visits . In addition, business cards should be left in mailboxes or elsewhere if the property owner is not at home during the visit. By show of hands, Committeemembers preferring to make site visits during the week were: Burrage, Lorenzen, Murphy, Sweetnam and Weisz. The remaining Members (Boudreau, Cartwright , Clark, Eastwood and Quatrochi) indicated their preference for weekend visits. Staff will provide maps with the packets sent to Committee Members . Chairman Clark inquired as to the status of mileage reimbursement for Committeemembers and Mr. Benard replied it is being held in abeyance until the issue of Council compensation has been dealt with. In response to an inquiry, staff reported that they met with Dr. Frank to discuss his correspondence to the Committee. As a result of the meeting , Dr . Frank will be asked to restate his concerns to the City and appropriate action will be taken. -3- Committeemember Cartwright mored the August 16 meeting be dispensed with. The motion was seconded by Committeemember Murphy and passed unanimously. ADJOURNMENT The meeting was adjourned at 8:45 p.m. to September 6, 1990 at 7:00 p.m. # # # -4-