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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 View Restoration Commission Minutes January 17, 2002 Page 1 of 5 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 View Restoration Commission Minutes January 17, 2002 Page 2 of 5 .d 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 View Restoration Commission Minutes January 17, 2002 Page 3 of 5 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) View Restoration Commission Minutes January 17, 2002 Page 4 of 5 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. View Restoration Commission Minutes January 17, 2002 Page 5 of 5