VRC MINS 20020117 APPROVED 3/15/02
VIEW RESTORATION COMMISSION
REGULAR MEETING
January 17, 2002
Chairman Alberio called the meeting to order at 7:10 pm at Fred Hesse Community
Park, 30940 Hawthorne Boulevard. The Pledge of Allegiance followed, led by
Commissioner Franklin.
Present: Chairman Alberio, Vice-Chair Slayden, Commissioners Franklin, Iseda,
Dyda, De Moraes, Weber and Ginise.
Absent: Commissioner Drages.
APPROVAL OF AGENDA
Commissioner Franklin moved to approve the agenda as presented. There being
no objection, the agenda was approved. (7 - 0)
COMMUNICATIONS:
Staff: Assistant Butler communicated that each commissioner had received the Geo-
technical preliminary site review findings for VRP #98 and the Staff Report for VRP #
118. He also expressed the need for the Commission to approve a date and time for
the VRC meeting video recording.
Commission: Commissioner Franklin stated he would like to know the history of VRP
#48.
CONSENT CALENDAR:
1. MINUTES OF JANUARY 3, 2002.
Commissioner Franklin moved to approve the minutes as presented seconded
by Commissioner Dyda. Motion carried (7- 0).
CONTINUED BUSINESS: NONE
PUBLIC HEARING:
2. VIEW RESTORATION PERMIT NO. 98: Nick Papadakis, 3228 Parkhurst Drive
and Ms. Gayle Goodwin, 30638 Lucania Drive (SDJ)
Project Coordinator Steven D. Jones presented the staff report history of VRP #98. He
stated that Mr. Papadakis had filed the application alone and that Ms. Goodwin was
added at a later date. He also said that there were multiple foliage owners that had
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January 17, 2002
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a
reached agreement with the applicants. He added that Mr. Dawson and Ms. Zyetz
were the only remaining foliage owners included on the application. He continued
stating that, in total, three pre-application meetings had been held for the item that
was being heard. He further stated that the applicants and foliage owners were to be
commended for their endeavors at reaching an agreement without city intervention.
Commissioner Dyda made a motion to open public hearing seconded by
Commissioner Iseda. Motion carried (7- 0).
Nick Papadakis, 3228 Parkhurst Drive (Applicant): Mr. Nick Papadakis stated the lot
which his home sits on was cut in 1960 and it enjoyed a full view of the Pacific Ocean
and Catalina Island. Mr. Papadakis commented that he and Ms. Goodwin were willing
to remove and replace all trees with a slower-growing variety of tree. He also stated
that he would greatly appreciate the restoration of a view of which is reasonable and
possible.
Gayle Goodwin, 30638 Lucania Drive (Applicant): Ms. Gayle Goodwin stated that she
has been a resident of Rancho Palos Verdes since 1966 and had a view that
consisted of Orange County, the Los Angeles/Long Beach Port, Catalina Island and
across the Pacific Ocean. She also stated that the removal of the three pine trees,
and not the lacing of them, would restore that view.
Stephen T. Dawson, 3321 Deluna Drive (Foliage Owner): Mr. Stephen Dawson
passed out a packet to the commission and stated that he had grievances with the
staff report; he also stated the he disagreed with the memo from Dave Hayes
(Arborist). He further stated that he offered to have the trees on his property removed
for the applicants in previous pre-application meetings. He also commented that the
biggest issues were hill stability and cost.
Catherine Zyetz, 3321 Deluna Drive (Foliage Owner): Ms. Catherine Zyetz
stated that City Staff had been very helpful and earnest in its pursuit to get this permit
resolved in the early neighborhood consultation period. She also stated that View
Restoration Permit#98 should be denied because it will not satisfy either applicant, or
proceed with the removal of the three pines trees and the trimming of the other two
trees that were mentioned.
Greg Applegate, 1131 Lucinda Way (Expert Arborist - F/O): Mr. Greg Applegate stated
that he is a Registered Consulting & Certified Arborist. He also stated that he would
like to have seen the whole issue of topping trees, dropped. He commented that he
worked on wholesale tree farms for over twenty years and that he had done a formal
appraisal of the Dawson trees using the Council of Tree and Landscape Appraisers
Guidelines. The large Aleppo Pine came out at $70,000.00, the two Canary Island
Pines came out at 20,000.00 each. Mr. Applegate stated that a light lacing would be
sufficient somewhere in the area of 20% - 25%.
Dennis Yniguez, 1428 Spruce Street (Expert Attorney - F/O): Mr. Dennis Yniguez
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January 17, 2002
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stated that he had been an attorney for 20 years along with being a Consulting &
Registered Arborist who owned a tree company. He also stated that the trees
contribute four things to slope stability. He said that trees (1) blocked rain from hitting
the swell directly, (2) provided duff, which he continued on saying was the dropping of
leaves for nutrients by decomposition, (3) trees helped to stabilize and hold the
hillside together, and (4) trees absorbed water, transported and helped aid
photosynthesis. Mr. Yniguez also stated that the only real conclusion should have
been removal with the stipulation that the foliage owners be provided an irrigation
system and new fence.
RECESS AND RECONVENE:
At 9:15 P.M., after two hours of testimony, the View Restoration Commission took a
short recess and reconvened at 9:20 P.M.
Mr. Nick Papadakis stated in rebuttal that Mr. Dawson never offered removal; he also
stated that if some type of compromise were offered, they would not have been there
that night.
Ms. Gayle Goodwin stated in rebuttal that she had a conversation with Mr. Dawson
one night in her back yard. She went on saying that she couldn't negotiate with him
then, because she was part of the application with Mr. Papadakis. She also stated
that the only offer ever put on the table was the reduction of the Ficus. She further
stated that at no time was removal of any trees/foliage offered.
In rebuttal, Mr. Dawson requested that the most important issues of slope stability and
cost be taken into account when the commission made its decision.
Dennis Yniguez stated that the commission was empowered to order landscaping for
any and all the foliage owners as replacement compensation.
Greg Applegate stated that cutting down the trees would be similar to turning them
into some type of hat rack. He also stated that there were ways to keep the pine trees
out of the view without removing them.
In her rebuttal, Ms. Zyetz stated that replacement was acceptable for the pine trees to
the property owners. She also stated that she was concerned about short and long
term effects to privacy and soil stability.
Commissioner Dyda moved to close the public hearing seconded by
Commissioner De Moraes. Motion carried (7 - 0)
Commissioner Franklin stated that he would like to have some more time to think
about the item. He continued on that later in the meeting he would like to make a
motion to come to a decision at the next VRC meeting. He also stated that it simply
was not enough information a make a firm decision. He further stated that his feelings
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January 17, 2002
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were based on the fact that the other case that Mr. Papadakis was involved in was not
enforced by the city. He concluded that staff should refer VRP #48 to the City Council.
Chairman Albedo stated that he wanted staff to bring any and all information
pertaining to VRP #48 to the next VRC meeting.
Commissioner Dyda stated that VRP#48 was never upheld due to the fact that Mira
Catalina School was determined to be exempt. He also stated that VRP #48 has no
relevance to VRP #98.
Commissioner Franklin stated that he was concerned with the support of the slope. He
also stated that he would not like the commission to make a decision that might
adversely affect the slope safety on the Dawson/Zyetz property.
Commissioner Dyda felt that the commission should deal with the correct names of
the foliage to alleviate any confusion.
Commissioner Dyda moved for the correction of table #1 and the Exhibit "A",
item five, to reflect the change of species to Kaffir plum from Brazilin pepper
tree, seconded by Commissioner Franklin. Motion carried. (7- 0).
Commissioner Dyda moved that staff recommendation in item one be amended
and applied to item #2 and item #3 to read: Option one -with the consent of the
foliage owners, remove the existing tree and replace; Option two - If the foliage
owners do not consent to removing the tree, lace throughout to provide a view
of the horizon and offshore Islands through the trees as seen from the
Papadakis viewing area located at 3228 Parkhurst. Reduce the density of the
foliage of the tree by selective pruning of the foliage and small branches to
create a viewing window from the pad level up to the horizon line as seen from
the Goodwin property located at 30638 Lucania. This should be done during the
cooler months of the year (Nov. - Mar.) seconded by Commissioner Franklin.
Motion carried (7- 0).
Commission discussion followed concerning the slope stability on the Dawson/Zyetz
property and how best to mitigate the negative effects of tree removal.
Project Coordinator Jones stated that the commission had done everything that was
needed up to that point. He continued that the issue at hand was that of the
replacement ratio. He also stated that if slope stability was still a concern, the
commission could order a geo-technical consultant to review the slope again, pending
the foliage owner's consent to removal.
Commissioner Dyda moved that VRC Resolution #2002- 03 with exhibit "A" be
adopted as amended, seconded by Commissioner Franklin. A roll call vote was
taken and the motion passed. (4 - 3)
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January 17, 2002
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t
ITEMS TO BE PLACED ON FUTURE AGENDAS:
Staff: NONE
Commission: NONE
COMMENTS FROM THE AUDIENCE
(Regarding non-agenda items): None
ADJOURNMENT: 11:26 PM
The next regular meeting is tentatively scheduled for February 7, 2002 at 7:00 P.M. at
Hesse Park.
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January 17, 2002
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