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VRC MINS 19940519 411 411 APPROVED Al 6/2/94 MINUTES 410 VIEW RESTORATION COMMITTEE CITY OF RANCHO PALOS VERDES MAY 19, 1994 The meeting was called to order at 7:00 p.m. by Chairman Clark at Hesse Community Park, 29301 Hawthorne Blvd. PRESENT: Eastwood, Goern, Green, Scala, Sweetnam, and Chairman Clark. ABSENT: Black, Boudreau, Cartwright, and Weisz Committee Members Scala arrived at 7:30 p.m. Also present were Planning Administrator Carolynn Petru and Recording Secretary Michelle Kennerson. The flag salute was led by Planning Administrator Petru. CONSENT CALENDAR A. Minutes of April 21, 1994 Chairman Clark asked Ms. Petru for clarification on the section of the minutes dealing with immunity for the Committee Members. 110 Ms. Petru responded that what the City Attorney was referring to is if an allegation is made that a Committee Member has acted in violation of the Fair Political Practices Act, conferring with the City Attorney will not provide the Committee Member with immunity. Chairman Clark noted that imbedded in the minutes there were several action items. Committee Member Sweetnam moved, seconded by Committee Member Eastwood to approve the minutes. The vote was unanimous (5-0) . Chairman Clark recognized Planning Commission Chairman Gilbert Alberio who was in the audience. Commissioner Alberio remarked how he was glad the View Restoration Committee was meeting again and discussed with Chairman Clark and Staff two possible dates of the joint meeting of the Planning Commission and View Restoration Committee: June 9, 1994 or June 16, 1994. REVIEW OF DRAFT ADMINISTRATIVE PROCEDURES Chairman Clark, Committee Member Sweetnam and Staff discussed Section 1. 1 (Quorum) of the Draft Administrative Procedures with regards to the number of alternate members required for a quorum to conduct regular business and to hear View Restoration Permits. Chairman Clark suggested discussing this item further at the next 1111 regular meeting of the Committee. Staff suggested preparing the language in question in bold and italics, so the Committee can 111 refer to it quickly. Chairman Clark agreed and asked that the alternate language also be indicated with in brackets. Committee Member Sweetnam suggested to Staff that they add a section to the draft document regarding the Committee hearing non-case items as a whole. Staff responded that a new Section can be added for review at the next meeting. Chairman Clark referred to Page 2 , Section 1.2 (Regular Meetings) dealing with the meeting times ending at 12 : 00 a.m. Mr. Clark continued to say the document reads that the meeting could continue past midnight by the majority vote of the Committee. However, he would prefer that it read "by a unanimous vote" . Mr. Clark suggested that the Committee should not be making decisions and considering important city business the wee hours of the morning. Making it a unanimous vote will ensure that the meetings will end at midnight. Committee Member Sweetnam, referring to Page 3 , Section 1.7 (Site Visits) , stated that the sentence was not clear. Chairman Clark suggested that the sentence be chang to read "In order to conduct a public hearing on a View Restoration Permit application all of the Committee participating in the public hearing must • visit each site as defined in the adopted Guidelines" . Chairman Clark suggested for consistency and in keeping with the 4111 powers of the Chairperson, that the last word of the second paragraph in Section 2 .2, be changed from "Committee" to "Chairperson" . The sentence would then read " All speakers will be limited to a five (5) minute or less presentation, as determined by the Chairperson. Chairman Clark suggested the last line of the second paragraph of Section 2 . 2 be omitted so the text reads "Except when necessary for immediate clarification of a particular point, no person shall be allowed to speak a second time until all others wishing to speak have had an opportunity to do so, and then only at the discretion of the Chairperson" . Chairman Clark also suggested on Page 4, Section 2 . 2 (d) through Section 2 . 2 (h) , that language be introduced to this section indicating these are nominal times. Therefore, the Chairperson at his/her discretion, depending upon the complexity of the case and the number speakers would determine the specific time. Staff suggested that the introductory sentence read "The Chairperson in his/her discretion should direct . . . the order and duration of presentation" . Committee Member Sweetnam suggested that in the first paragraph of Section 2 .7 (Evidence Received Outside a Hearing) , the word VIEW RESTORATION COMMITTEE MINUTES 1111 MAY ,19, 1994 PAGE 2 411 411 "independently" should be omitted so the text would read "If any 1111 Committee member visits a site or receives any information at a site visit or through any other means pertinent to a pending matter, he or she will disclosed the information or evidence so received during the hearing on the matter" . Committee Member Sweetnam also suggested that, as discussed earlier in the meeting, the language on Page 8 , Section 4 . 1 (Voting) should be changed to read "Approval of any motion brought before the View Restoration Committee shall require the affirmative vote of a majority g of the memberspresent [four votes] , unless otherwise specified by law" . Chairman Clark referred to Page 10, Section 4 .4 (Continuances) and asked Staff if the language in the section is consistent with the City Council and Planning Commission procedures. Staff responded that it is consistent with Planning Commission and would have check the languages regarding the City Council. Mr. Clark asked if any member of the public can request a continuance. Staff responded that this is true for the Planning Commissionp rocedures, but that the request would still have to be approved by the Commission. Chairman Clark stated that he would like his middle initial used for all documents he signs, so that the signature block will read "Lawrence E. Clark" . 1111 The Committee directed Staff to bring back a final draft of the Administrative Procedures at the next regular meeting on June 2 , 1994 . KEY ISSUES LIST Chairman Clark added "City-owned Foliage" to the Key Issues List. Mr. Clark continued that, with 10 members on the Committee, a "homework assignment" would be given to each member and they would then brief the entire Committee on their topic at the next meeting. Committee Member Sweetnam agreed with Mr. Clark and added that the Key Issues List needed to be defined, in order for the members to research their particular topics. He suggested at the next meeting, when all the members present, that Staff review ig the key issue and define it forhe members. Committee Member Eastwood concurred with Committee Members Sweetnam's suggestion. After discussion among the Committee regarding the benefits of defining each key issues, Staff was directed to expand the Key VIEW RESTORATION COMMITTEE MINUTES 11/1 MAY 19, 1994 PAGE 3 Issues List to include a discussion of each topic and bring this 1111 item back to the Committee on June 2, 1994 . REPORTS AND COMMUNICATIONS A. STAFF 1. Amendment to the View Restoration Ordinance (Appeals) Planning Administrator Petru reported that the City Council adopted the proposed Amendment to the View Restoration Ordinance (Appeals) on May 17, 1994. This established a procedure by which decisions of the View Restoration Committee may be appealed to the City Council, regarding the interpretation or application of the provisions of the View Preservation and Restoration Ordinance. However, the Ordinance does not allow the City Council to conduct a de novo (i.e. new) hearing on the merits of the View Restoration Committee's decision. Committee Member Goern asked Staff if the View Restoration Permit fee could be lowered since the City Attorney's attendance at the View Restoration Committee Meeting was no longer necessary. Staff responded the matter would be looked into and stated there. may be a possibility that the fee could be lowered. Committee Member Scala stated that he had reviewed all of the 11/1 files for the past View Restoration Permits and suggested that there should be more uniformity among the photographs taken for the cases. He suggested more panoramic views be taken. Chairman Clark stated that the photos need to be taken from the primary viewing area on the property, which is designated by the property owner, and can vary from one property to another. He continued to say he was not sure that absolute uniformity was possible. Ms. Petru stated that the City does have a panoramic camera and has used it to take photographs of panoramic views, especially for Height Variation Permits. However, the process of developing the photos is very expensive. Staff is researching the possibility of having the photos developed less expensively. 2 . Laguna Niguel Free Dispute Newspaper Article Chairman Clark commented on the article submitted by Mr. Edith Brines and noted an interesting similarity between Rancho Palos Verdes and Laguna Niguel in trying to balance the enjoyment of resident's trees and foliage verses preserving their neighbor's views. Mr. Clark added that many cities are watching to see what VIEW RESTORATION COMMITTEE MINUTES 11/0 MAY 19, 1994 PAGE 4 411 finally happens in Laguna Niguel because they are also interested 11/0 in how to deal with this issue. 3 . City Council/View Restoration Committee Joint Workshop Planning Administrator Petru reported that at the last City Council meeting on May 17, 1994, the City Council considered Chairman Clark's letter regarding the Key Issues List, and established a date for a Joint Workshop with the Committee. The Joint Workshop was set for Thursday, June 30, 1994 between 7: 00 p.m. and 9: 00 p.m. at Hesse Park. Chairman Clark asked that a copy of his letter to the City Council be distributed to the Committee Members. B. COMMITTEE None. COMMENTS FROM THE AUDIENCE None. ADJOURNMENT The meeting was duly adjourned at 8:04 p.m. 1111 The next regular meeting of the View Restoration Committee was scheduled for Thursday, June 2, 1994 at 7: 00 p.m. at Hesse Park. VIEW RESTORATION COMMITTEE MINUTES 11/1 MAY 19, 1994 PAGE 5