VRC MINS 19940721 110 f
411 APPROVED
8/4/94st\I
0‘
MINUTES
VIEW RESTORATION COMMISSION
CITY OF RANCHO PALOS VERDES
JULY 21, 1994
The meeting was called to order at 7: 08 p.m. by Chairman Clark at
Hesse Community Park, 29301 Hawthorne Boulevard.
PRESENT Commissioners Black, Eastwood, Goern, Green, Scala,
Sweetnam, Weisz and Chairman Clark.
ABSENT Commissioner Boudreau and Vice Chairman Cartwright (both
excused) .
Also present were Planning Administrator Carolynn Petru and
Recording Secretary Patricia Gehris.
The flag salute was led by Commissioner Weisz.
Chairman Clark noted for the record that this is the first meeting
in which this body is convened as a sanctioned and recognized
"Commission" . He then requested that Staff order new business
cards and badges for the Commissioners. Staff indicated that this
activity has already been initiated.
CONSENT CALENDAR
A. Joint Subcommittee Minutes of June 9, 1994
Commissioner Green moved, seconded by Commissioner Sweetnam, to
approve the Joint Subcommittee Minutes of June 9, 1994, as written.
There being no objection, Chairman Clark so ordered, (3-0) .
B. Minutes of June 16, 1994
Commissioner Goern requested Staff to change her absence to read as
"excused" on Page 1, since she informed Planning Administrator
Petru prior to the meeting that she would be absent. Chairman
Clark approved this action.
Chairman Clark requested Staff to rephrase the double negative on
Page 2 in Paragraph 1 under definitions regarding "distant mountain
views" and "bathrooms".
Furthermore, Chairman Clark requested Staff to research the issue
on bathrooms as a protected viewing area, particularly in light of
the past litigation against the City mentioned by Councilman
McTaggart at the Joint Workshop.
111 111
Commissioner Sweetnam moved, seconded by Commissioner Black, to
approve the Minutes of June 16, 1994, as amended. There being no
exception, Chairman Clark so ordered, (8-0) .
C. Minutes of June 23, 1994
Chairman Clark stated there still exists an action item to be
addressed on Page 4 in the second paragraph as far as language
clarification. He requested that Planning Administrator Petru,
Commissioner Sweetnam, and himself meet to address this issue.
The Commission requested Staff to provide each of them with copies
of the Fences, Walls, and Hedges Ordinance.
Commissioner Weisz moved, seconded by Commissioner Eastwood, to
approve the Minutes of June 23, 1994, as written. There being no
objection, Chairman Clark so ordered.
FOLLOW-UP DISCUSSION OF JOINT WORKSHOP WITH THE CITY COUNCIL
Chairman Clark announced that the Minutes for the Joint Workshop
will be approved by City Council.
Chairman Clark stated that he felt the workshop was a useful and
positive meeting. He commented that it was apparent the City
Council members present at the meeting had spent time researching
the View Ordinance. However, there are still potential issues
regarding viewing areas, i.e. multiple versus single. Therefore,
Chairman Clark requested that the City Attorney attend one of the
Commission's future meetings to discuss this subject in more depth,
since it may have legal ramifications.
Chairman Clark also stated that City Council seemed quite
interested in the concept of charging a fee for individuals who
abuse the City's Code Enforcement services in terms of view
maintenance, and in the Commission's suggestions on establishing a
new fee structure for View Restoration Permits.
Planning Administrator Petru agreed that the Joint Workshop was
very productive. In addition, she requested that the Commission
discuss the procedure for delivering a package of recommended
changes to the View Restoration Ordinance and the Commission's
Guidelines to the Council by September 1994.
Commissioner Scala addressed the issue of outdoor privacy and
requested a general consensus of the Commission on how this issue
will be interpreted, so that the public would be advised as far as
the Commission's intentions on outdoor privacy.
V.R.C. Minutes
July 21, 1994
Page 2
111 111
Chairman Clark stated that the Commission had already recommended
a change to the Ordinance to include specific language regarding
outdoor and indoor privacy.
Chairman Clark questioned Staff about whether other cities had
policies regarding the protection of privacy.
Planning Administrator Petru answered that, certainly within the
Los Angeles Basin, the issue of protecting outdoor privacy is
becoming an increasingly sensitive issue, which many cities are now
beginning to address.
Chairman Clark stated that the burden of proof for unreasonable
infringement on outdoor privacy should be on the foliage owners.
Commissioner Green noted that the statute already recognizes
outdoor privacy as a right protected by the Code.
Commissioner Goern and Commissioner Weisz commented, however, that
the View Restoration Commission still has discretion in considering
each individual case.
Chairman Clark added that the Commission will work towards a
balanced solution when neighbors cannot reach a decision on their
own.
Chairman Clark suggested that Staff provide the Commission with
copies of the Draft Minutes from the June 30, 1994 Joint Workshop
with the City Council. He requested that Staff advise the
Commission of any changes made by the Council.
Planning Administrator Petru agreed and stated the Joint Workshop
Draft Minutes will be delivered to the Commissioners. Furthermore,
Staff will advise the Commission of any changes that the Council
made to the minutes.
REPORTS AND COMMUNICATIONS
A. STAFF
Planning Administrator Petru stated that due to recent changes in
the Brown Act, the title of the agenda item "Reports and
Communications" will be changed to "Items to be Placed on Future
Agendas" . Therefore, if any Commissioner wishes to add an item
onto the agenda, he or she needs to call Chairman Clark or Planning
Administrator Petru before the agenda packet is sent out, so that
the topic can be placed on the agenda and discussed at the upcoming
meeting.
V.R.C. Minutes
July 21, 1994
Page 3
411
Commissioner Scala requested that Staff research the status of the
three cases where the foliage owners had complied with the
requirements of the View Restoration Permit.
Chairman Clark stated these cases are pending action items for
Staff. He requested Staff create a permanent category on future
agendas for the status of Action Items.
Commissioner Sweetnam questioned if the City Council once had a
similar procedure.
Planning Administrator Petru stated that due to the changes in the
Brown Act, the Council eliminated the "Status of Directives" from
their agenda, but that Staff could provide the Commission with a
separate informational list.
Commissioner Sweetnam agreed that an action item list, separate
from the agenda, would be fine.
Planning Administrator Petru stated that it could be included in
the packets that are delivered. However, if the Commission wanted
to discuss any of the items, they would have to be scheduled on a
future agenda.
B. COMMISSION
Commissioner Weisz requested Staff to research the appropriate
method of calculating the View Restoration Permit application fees.
He requested Staff to determine the amount of hours that a staff
consultant or contractor would need to write a report. In
addition, he requested an estimate of the cost of the service, such
as base fee or rate times a multiplier.
Chairman Clark requested Staff approach the calculations from a
budgetary standpoint.
Chairman Clark asked about topics for the next agenda.
Commissioner Weisz stated that certain topics from the Key Issues
List, such as soils engineers and hedges, were not discussed before
the workshop with the Council.
Chairman Clark requested that Staff prepare a Remaining Key Issue
List for the August 4, 1994 meeting. The Commission can then
determine if a special meeting is necessary to complete the
Commission's recommendations to the City Council on changes to the
Code and Guidelines. The final package of language revisions
should go to the City Council by September 1994.
V.R.C. Minutes
July 21, 1994
Page 4
411 411
Commissioner Black stated she will be unable to attend the
September 15, 1994 meeting due to a religious holiday; therefore
she requested an excused absence.
Commissioner Green stated he will be out of town during the August
4, 1994 meeting; therefore he requested an excused absence.
Commissioner Goern stated she will be out of town during the August
18, 1994 meeting; therefore she requested an excused absence.
Commissioner Black moved to change the September 1, 1994 meeting to
September 8, 1994, due to the Labor Day Holiday Weekend, seconded
by Commissioner Green. The motion passed by acclamation, (8-0) .
AUDIENCE COMMENTS (regarding non-agenda items) - None.
ADJOURNMENT
Commissioner Sweetnam moved, seconded by Commissioner Green, to
adjourn the meeting. The motion passed, (8-0) .
The meeting was duly adjourned at 7:56 P.M.
The next regular meeting of the View Restoration
Commission is scheduled for August 4, 1994, at 7 : 00 p.m.
(VIEW RESTORATION DISK#1-MINUTES.721)
V.R.C. Minutes
July 21, 1994
Page 5