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VRC MINS 19960516 • APPROVED JANUARY 16, 1997 ( 1 CITY OF RANCHO PALOS VERDES VIEW RESTORATION COMMISSION REGULAR MEETING MAY 16, 1996 The meeting was called to order by Chair R. Green at 7:04 P.M. at Hesse Park Community Building, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed, led by Chairman Green. PRESENT: View Restoration Commissioners Black, Boudreau, Gee, Goern, A. Green, Karmelich, Long, Vice Chair Sweetnam, Chair R. Green. ABSENT: Commissioner Marshall was excused. Also present was Director of Planning Building and Code Enforcement Petru, Senior Planner Rojas and Recording Secretary Kennerson. APPROVAL OF AGENDA Vice Chair Sweetnam moved to accept agenda, as presented, seconded by Commissioner Black. Approved, (9-0). COMMUNICATIONS Staff presented a sample View Restoration Permit Staff Report for review by the Commission. APPROVAL OF CONSENT CALENDAR 1. MINUTES OF APRIL 4, 1996 Vice Chair Sweetnam moved to approve the minutes as amended, seconded by Commissioner Black. Approved without objection (9-0). 2. VIEW RESTORATION COMMISSION RULES AND PROCEDURES Commissioner Long asked Staff about the use of tape recordings for transcribing minutes. He commented on the 30 day advance notice requirement to review the taped minutes by the public and how they would know to request a copy of the taped meeting before the actual hearing date. Director Petru responded by saying that this area is governed by the Brown Act. The Brown Act requires that the City keep the recordings for 30 days and designates how requests to obtain copies of recordings are handled. 0 I The Commission continued to review the Rules and Procedures. Vice Chair Sweetnam commented on page 10, regarding tie votes. Mr. Sweetnam clarified that 4 votes affirm a motion on a view restoration permit. Because of that, it is not likely that there would be a tie. The Commission continued to review the Rules and Procedures. Roll call vote was taken. Vice Chair Sweetnam moved to adopt View Resolution No. 96-1; thereby approving revised View Restoration Commission Rules and Procedures, (9-0). NEW BUSINESS 3. Presentation to Homeowner Associations on the View Preservation and Restoration Ordinance and the View Restoration Permit Process. Director Petru stated that in the past the Commission had discussed the above item, and that Staff receives requests for members of the Commission to make presentations to the various HOA's on the View Restoration Permit process. Ms. Petru further stated that last week she received a request for such a presentation to be made to the Crestmont HOA. She said that since it had been some time since such a presentation had been made, she discussed it with Chair R. Green to see how the Commission would like to proceed and what role would they like Staff to take. Vice Chair Sweetnam suggested that staff put together an outline of a presentation for the HOA's and bring the outline back at the next View Restoration Commission meeting. Ms. Petru mentioned that the questions that are asked at HOA meetings stray off the permit process and into other aspects of the code, like documentation of existing views, things that are not covered under the application. The Commission directed staff to prepare a standard presentation for the Commission to present to Homeowner Associations, after the City Council adopts the Development Code revisions and new View Restoration Permit Guidelines. VIEW RESTORATION COMMISSION MINUTES MAY 16, 1996 PAGE 2 • I ITEMS TO BE PLACED ON FUTURE AGENDAS Commission Vice Chair Sweetnam raised the subject of using a mediator to satisfy the early neighbor consultation requirement for view restoration permits. Chair R. Green commented that in court arbitration, 60% of the matters that come to arbitration take less than 2 hours from start to finish. He concluded by saying that if the Commission can do anything to cut down the number of hearings, the Commission should do it. He said he is fearful that if there is over 100 applications, the Commission may be overwhelmed. Commissioner Boudreau asked Staff how many individuals are on the interested parties list. Ms. Petru responded that there were about 80 altogether. Commissioner A. Green suggested that notice of the View Restoration Permit process be included in an information packet. Vice Chair Sweetnam agreed with Commissioner A. Green by stating that Staff should handle the notification. Commissioner Boudreau commented that as a body, the Commission has to be neutral. She continued to say that some citizens may view the Commission as ready to cut down all trees. Commissioner Gee stated that he hoped applicants could come to a mutual understanding with the foliage owners rather than taking the matter to a time consuming hearing. The Commission discussed ways of eliminating the amount of time each case may take. Senior Planner Rojas commented that the way the application process is set up, the applicant has to submit proof that they have been trying to work things out with their neighbor, and that perhaps the Commission may want to require the applicant and foliage owner to come into City Hall and meet with Staff and try to come to an agreement before they submit an application. Vice Chair Sweetnam agreed and added that the option should be given to the applicant if they would like mediation. VIEW RESTORATION COMMISSION MINUTES MAY 16, 1996 PAGE 3 • • ' The Commission directed Staff to examine the concept of using an arbitrator to satisfy the early neighborhood consultation requirement for a view restoration permit as part of its future review of the view restoration permit guidelines. There were no comments from the audience. Vice Chair Sweetnam said that a neighbor consultation requirement already exists. The trouble has always been getting adequate proof of the consultation. He suggested that the consultation be conducted with a third party, such as staff member or an outside mediator. Chair R. Green stated that the foliage owner would not be compelled to meet with the applicant until after an application is filed and the foliage owner becomes part of the process. Mr. Rojas suggested in order to deem an application complete, both parties have to meet with Staff. In either case, whether it is before or after the submittal of an application, the Commission still has the dilemma of the foliage owner not willing to participate. Ms. Petru stated that one of the findings necessary to grant a View Restoration Permit, is that the applicant comply with the early neighbor consultation process. She added that the Commission defines what the process is through the guidelines. Ms. Petru added that the Commission could add additional neighbor consultation options, similar to arbitration, like Mr. Rojas suggested The Commission and Staff continued to discuss different options regarding mediation and arbitration. ADJOURNMENT Vice Chair Sweetnam moved to adjourn the meeting, which was seconded by Commissioner Gee. The meeting was duly adjourned at 8:08 P.M. to Thursday, June 6, 1996 at Hesse Park, 7:00 P.M. N:\GROUP\PLANNING\VRC\96MIN05.16 VIEW RESTORATION COMMISSION MINUTES MAY 16, 1996 PAGE 4