VRC RES 2000-003 •c .•
V.R.C. RESOLUTION NO. 2000-03
A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF
THE CITY OF RANCHO PALOS VERDES ADOPTING
PROCEDURES FOR THE CONDUCT OF HEARINGS ON VIEW
RESTORATION PERMITS AND OTHER BUSINESS
WHEREAS, California Government Code Section 65804 requires the City to develop
and publish procedural rules for the conduct of zoning and planning hearings, so that all
interested parties will have advance knowledge of the procedures to be followed; and,
WHEREAS, the View Restoration Commission serves as an advisory agency to the
City Council with respect to proposed amendments to the View Restoration Ordinance
(portions of Municipal Code Section 17.02.040); and,
WHEREAS, pursuant to the requirements of the California Government Code and
the Rancho Palos Verdes Municipal Code, the View Restoration Commission desires to
specify procedural rules to govern the conduct of hearings on the land use matters under
their purview (View Restoration Permit applications);
BE IT RESOLVED that the following procedural rules shall, insofar as consistent
with applicable State laws and City ordinances, govern the conduct of all business,
including but not limited to View Restoration Permit hearings, before the View Restoration
Commission of the City of Rancho Palos Verdes:
1. MEETINGS, STUDY SESSIONS, SITE VISITS, AGENDAS, AND STAFF
REPORTS
1.1 Appointment:
Pursuant to Development Code Section 17.02.040(A)(17), the View Restoration
Commission consists of seven regular members and three alternate members
appointed by the City Council. The Chairperson is appointed by the Council and the
Vice Chairperson shall be elected by a majority of the View Restoration
Commission.
1.2 Quorum:
A quorum to conduct business shall consist of a minimum total of four regular and/or
alternate members of the Commission.
A minimum of four members who are eligible to vote must be present to render a
decision on a View Restoration Permit or an appeal.
1.3 Alternate Members:
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The three alternate members of the View Restoration Commission shall participate
in the same capacity as the seven regular members on all general matters before
the Commission, including, but not limited to, the adoption of rules, procedures and
guidelines; conducting study sessions and workshops; and making
recommendations to the City Council on potential amendments to Development
Code Section 17.02.040. However, an alternate member shall only participate in the
consideration of a View Restoration Permit or an appeal in the event that a regular
member is unable to consider the application, due to absence or abstention from the
hearing. In such cases, alternates will be utilized on a rotating basis.
1.4 Regular Meetings:
Regular meetings of the View Restoration Commission shall be held on the first
Thursday and may be held on the third Thursday of each month. If the regular
meeting date falls on a City holiday, then the meeting will be rescheduled to the next
business day. All regular meetings of the View Restoration Commission will be
called to order at 7:00 p.m., unless advertised otherwise, canceled, or rescheduled.
The Commission will, except under exceptional circumstances and with the
unanimous consent of the Commission, adjourn its meetings at 12:00 a.m. and not
consider new business items after 11:00 p.m., with any unfinished business being
continued to the next regular, adjourned, or special meeting. The City Clerk, or his
or her deputy, will post notice of any continued hearing or other unfinished business,
as may be required by law.
1.5 Special Meetings:
An emergency or special meeting may be called at any time by the Chairperson of
the View Restoration Commission, or by a majority of its membership, on its own
motion, or at the direction of the City Council. Written notice shall be sent by mail at
least twenty-four (24) hours before the time of a special or emergency meeting to
each member and to each local newspaper of general circulation, to each radio or
television station, or cable television operator, which has previously submitted a
written request for notice and any other person entitled to notice under the Ralph M.
Brown Act. The notice shall specify the time and place of the special meeting and
the business to be transacted. No other business shall be considered at the
meeting. Written notice may be dispensed to any member who at, or before, the
time of the meeting files an oral or written waiver of notice with the Director of
Planning, Building, and Code Enforcement. The waiver may also be given by
telegram. Written notice will also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
1.6 Adjourned Meetings:
The View Restoration Commission may adjourn any regular, adjourned regular,
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special, or adjourned special meeting to a time and place specified in the order of
adjournment pursuant to the procedures set forth in the Ralph M. Brown Act,
Government Code Section 54950, et seq.
1.7 Study Sessions:
The View Restoration Commission may hold a study session (workshop) as part of
a regular, adjourned, or special meeting. When a matter is set for a study session,
public testimony will generally be limited to five minutes or more per person, at the
discretion of the Chairperson. Public notice for study sessions on specific matters
for which public hearings are anticipated in the future will be given in the same
manner as that required for public hearings, and a record of the study session shall
be entered into the minutes of any such future public hearings.
1.8 Open and Closed Sessions:
Except as otherwise provided in the Ralph M. Brown Act, all meetings of the View
Restoration Commission shall be open and public, and all persons shall be
permitted to attend. The View Restoration Commission may, upon the advice of and
with the presence of the City Attorney or his or her assistant, hold a closed session
during a regular or special meeting, or at any time otherwise authorized by law, to
consider or hear any matter which it is authorized by state law to hear or consider
in closed session.
1.9 Site Visits:
Pursuant to Development Code Section 17.02.040(C)(2)(b), in order to be eligible
to participate in the public hearing on a particular View Restoration Permit, the
Commission member shall inspect the site prior to the public hearing. It is desirable
that all regular and alternate Commission members visit each site.
In order to conduct a public hearing on a View Restoration Permit application, all
regular and alternate members participating in the public hearing must have visited
each site prior to the hearing (as defined in the adopted View Restoration Permit
Guidelines).
Commission members shall report at each meeting on the status of site visits for
upcoming requests. Commission members who have not visited the site prior to the
posting of the meeting agenda shall inform the Staff, so that a determination can be
made that a sufficient number of Commission members have visited the site in order
to conduct the hearing.
Commission members are responsible for arranging visits to the sites. No more
than three Commission members may visit a site at the same time.
1.10 Agendas:
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At least seventy-two (72) hours before a regular meeting, copies of the View
Restoration Commission's agenda shall be posted and made available at the office
of the Director of Planning, Building, and Code Enforcement. In accordance with the
Ralph M. Brown Act, the Commission may not take action on any item that did not
appear on the posted agenda, unless an exception is made as permitted under
Government Code Section 54954.2. The Chairperson may rearrange the order of
presentation of items appearing on the agenda as he or she may deem necessary
or desirable for the conduct of the meeting. No person shall be entitled to rely upon
the order in which public hearing items appear on the posted agenda, and any public
hearing on any agenda may commence immediately upon the time the meeting is
called to order.
1.11 Staff Reports:
When staff reports exist on a View Restoration Permit application, they shall be
made public a minimum of three weeks (21 days) prior to the hearing. Any other
Staff report shall be made public at the same time the report is distributed to the
Commission, except in the case of attorney/client privilege memorandum. Staff
reports shall be prepared with recommendations and shall include the basis for
these recommendations.
2. PRESENTATION OF AGENDA ITEMS
2.1 Minutes and Recording:
Hearings shall generally be recorded by electronic device and shall be preserved a
minimum of 30 days following the hearing or longer, as is necessary, to allow the
Recording Secretary, or his or her deputy, to prepare minutes of the hearing and to
have them approved by the Commission. During that 30-day period, the tape
recording shall be available for inspection by the public.
When minutes are reviewed for approval, each Commissioner shall have the
privilege of asking staff to review the recording and to correct statements attributed
to that commissioner.
When a matter is contested and a request to copy and preserve the recorded
proceedings is made in writing to the Director of Planning, Building, and Code
Enforcement before the date of the hearing, the contested matter may be recorded
by electronic device, at the discretion of the Chairperson, and duly preserved. A
copy of any such recording may be purchased at its reproduction cost. Members of
the public may also record audio tapes of meetings without permission from the
Chairperson. In no way shall any such recording be deemed the "official minutes"
of the meeting.
2.2 Order of Presentation:
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Unless the Chairperson in his or her discretion should direct otherwise, the order of
the presentation should be as follows:
a. Public hearing opened.
b. Presentation of Staff report, including any environmental analysis or
recommendation.
c. Questions of Staff by members of City View Restoration Commission.
d. Presentation of the applicants.
e. Presentation of the foliage owners.
f. Presentation of persons in favor of the requested action.
g. Presentation of persons in opposition to the requested action.
h. Rebuttal comments by the applicant and/or the foliage owner, if requested.
i. Closing comments by Staff.
j. Public hearing closed.
Public hearings may be reopened by motion of the Commission majority at any time
during the meeting to permit additional testimony and evidence, either to permit
reconsideration of an action or for any other reason. Any questions of the applicant
or foliage owner, or of the interested public, shall be made during the public hearing.
2.3 Rules of Evidence:
Hearings and meetings before the View Restoration Commission need not be
conducted according to formal rules of evidence. Any relevant evidence may be
considered if it is the sort of evidence upon which responsible persons are
accustomed to rely in the conduct of serious affairs. The Chairperson may exclude
irrelevant or redundant testimony and may make such other rulings as may be
necessary for the orderly conduct of the proceedings while ensuring basic fairness
and full consideration of the issues involved. Any Commissioner may raise a point
of order with the Chairperson to exclude irrelevant or out-of-order testimony from the
public. Evidentiary objections shall be deemed waived unless made in a timely
fashion before the View Restoration Commission.
2. 4 Burden of Proof:
The burden of proof of all legal prerequisites to the granting of the relief or action
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sought shall be upon the party requesting such relief or action.
2.5 Oral Evidence, Time Limits, and Number of Speakers:
A request to speak on an item must be submitted to the View Restoration
Commission Secretary prior to the completion of the remarks of the first speaker on
the item. No request forms will be accepted after that time and no additional
speakers will be allowed to speak on the item being discussed.
The Chairperson's instructions to the audience will generally follow these guidelines:
a. Any person desiring to speak must first be recognized by the Chairperson.
b. All participants must speak from the podium.
c. All speakers must first state their full names and addresses, and the
names of any persons in whose behalf they are appearing (if any).
d. All comments must be made clearly and audibly.
e. Repetition of comments should be avoided and speakers will be
discouraged from reading a submission which has been copied and
distributed to the Commission or is contained in the agenda packet.
f. Normally, the applicants and foliage owners will be limited to a five (5)
minute presentation and a three (3) minute rebuttal (if requested). All other
persons in favor or opposed to the requested action will be generally limited
to a three (3) minute presentation each.
g. 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.
h. Due to unusual complexity or a large number of speakers on a particular
case, the Chairperson, at his or her discretion, may allocate more than five
(5) minutes per side and allow those wishing to speak on each side to
designate a spokesperson or to divide the allotted time among themselves.
2.6 Questioning of Speakers:
Any person, other than a Commission member, desiring to direct a question to a
speaker or staff member shall submit the question to the Chairperson, who shall
determine whether the question is relevant to the subject of the hearing and whether
or not it should be answered by the speaker or staff member. Direct questioning of
speakers or staff members may be allowed only in extraordinary circumstances, at
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the discretion of the chairperson.
2.7 Evidence Received Outside a Hearing:
The Commission does not encourage the receipt of information or evidence on a
particular pending matter outside of hearings. If any Commission member receives
information during a site visit or through any other means, which they feel is
pertinent to a pending matter, he or she shall disclose the information or evidence
so received during the hearing on the matter. The applicant or foliage owner shall
have the opportunity to supplement or rebut the information or evidence so
disclosed, and failure to do so shall be deemed a waiver of any objection regarding
the information or evidence.
2. 8 City Attorneys:
The Chairperson (or any member of the Commission via the Chairperson) may
request the Director of Planning, Building, and Code Enforcement to request the City
Attorney (or his or her assistant) to explain, either in writing or orally to Staff, as
appropriate, a legal opinion on a particular matter. The City Attorney or his or her
assistant may further advise the Chairperson on matters of evidence and procedure
which may arise, including, but not limited to, the desirability of closed sessions to
discuss pending or potential litigation. Commission members are able to contact the
City Attorney directly with regard to any concerns about potential conflicts of
interest.
MOTIONS
3.1 Motions - Second:
Action upon an order, resolution, ordinance, or any other action of the Commission
may be proposed by any member by a motion. The Chairperson may make a motion
only after all other members of the view Restoration Commission present have had
an opportunity to make a motion on the question. Before a motion can be
considered or debated it must be seconded, at which time it shall be on the floor and
must be considered. If not seconded, the motion is lost for lack of a second and
shall be so declared by the Chairperson.
3.2 Amendment of Motion or Substitute Motion:
A motion on the floor may be amended at any time before adoption or rejection.
When an amendment is offered, the View Restoration Commission will debate
and take action on the amendment before acting on the original motion. If the
amendment is not adopted, the original motion will then be considered. If the
amendment is adopted, the original motion as amended will then be considered.
3.3 Withdrawal of Motion or Second:
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A motion may be withdrawn by the maker at any time before adoption or rejection,
with consent of the second. A second to a motion may be withdrawn by the
seconding member at any time before adoption or rejection of the motion. The
motion will then be lost for lack of a second and so declared by the Chairperson
unless seconded by another person.
3.4 Tabling a Motion:
At any time after a motion has been seconded, any member may move to table a
motion. If the tabling motion is adopted, the original motion will remain on the floor
but may not again be considered at the meeting at which it was made. The original
motion will be considered and voted upon at a regular meeting of the View
Restoration Commission, specified in the motion, unless again tabled at that time.
If not considered at such meeting, it will be deemed lost. If the tabling motion is not
adopted, consideration of the original motion will continue.
3.5 Discussion, Closure, and Questions:
After a motion has been seconded, any member may discuss or comment on the
subject of the motion. The Chairperson will recognize members of the View
Restoration Commission with the desire to speak, beginning with the motion's
maker, and will protect each speaker from disturbance
or interference. When no member wishes to discuss or comment further, the
Chairperson will call for a vote on the motion. Any member of the View Restoration
Commission may at any time move to close the debate.
3.6 Motions for Reconsideration:
Motions for reconsideration of a matter may be made by any member who voted
with the prevailing majority on the matter to be reconsidered. Any member of the
View Restoration Commission may second a motion to reconsider. Motions to
reconsider shall be made at the same meeting as the original motion. If the matter
to be reconsidered was considered at a public hearing, the public hearing will be
reopened before additional evidence is received.
4. DECISION-MAKING
4.0 Voting Eligibility_:
4.01 All members of the View Restoration Commission, including alternates, shall be
eligible to vote on any motion on a general matter, providing they meet the following
criteria:
a. Absentees: A View Restoration Commission member who is absent from
a discussion on any topic other than any portion of a hearing on a View
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Restoration Permit or an appeal, may vote on any other matter before the
Commission at the time it is acted upon, provided that he or she has either
reviewed the approved minutes of the hearing or listened to the staff tape
recording of the entire portion of the hearing from which he or she was
absent, provided that a tape recording exists, and if she or he has examined
all of the staff report or minutes presented during the portion of the hearing
from which he or she was absent and states for the record before voting that
the member deems himself or herself to be as familiar with the record and
with the evidence presented at the hearing as he or she would have been
had he or she personally attended the entire hearing.
4.02 Members and designated alternate members voting on a View Restoration
Commission decision must meet the following criteria in order to be eligible to vote
on a View Restoration Permit or an appeal:
a. Commission members or alternate members who live or own property
within 300 feet an applicant or a foliage owner are not eligible to participate
in deliberations or vote that application.
Commission members or alternate members who live or own property within
300 to 2,500 feet of an applicant or a foliage owner shall determine, after
consultation with the City Attorney (at the member's discretion), if the project
would affect them financially and, if so, shall notify the Staff to disqualify them
from deliberations on that application.
b. The Commissioner must not have participated in any pre-application
meeting on the View Restoration Application or an appeal under
consideration.
c. The Commissioner must have visited the site prior to the meeting at
which a final decision vote is taken.
d. The Commissioner must not have been absent from any portion of a
hearing of the View Restoration Application or appeal under consideration.
e. The Commissioner must not have voluntarily recused himself from any
previous hearing on the View Restoration Permit or an appeal under
consideration.
f. The Commissioner must have attended all previous hearings on the View
Restoration Permit or an appeal under consideration. If not eligible to vote
during a portion of a hearing, a commissioner or ineligible alternate shall be
seated in the audience to become eligible in a continued hearing.
g. Alternate members who were not designated and/or who were not eligible
to participate in an earlier session may become eligible and may participate
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in a continued hearing if there are fewer than seven other eligible voting
members and if they meet criteria (a) through (f).
4.1 Voting,:
Approval of any motion on a general matter brought before the View Restoration
Commission shall require the affirmative vote of a majority of the members present
and voting.
In order to render a decision of the Commission on a View Restoration Permit or an
appeal, a minimum of four affirmative votes are required when seven or six
members are eligible to vote; a minimum of three affirmative votes are required
when five or four members are eligible to vote.
Failure of a motion shall not be considered as having completed action on a View
Restoration Permit or appeal. After an initial vote, the Commission may revise
and/or rephrase any motion until the required number of affirmative votes can be
obtained.
Absent obtaining the required number of affirmative votes, the application shall be
continued until the required number of affirmative votes on a motion can be
obtained.
4.1.1 Tie Votes:
Any tie vote shall constitute a denial of the motion and may be reconsidered by a
motion offered by any member who voted on the matter. If there is no action by an
affirmative vote, the result is denial of any general motion or any amendment to any
motion under consideration. If the motion under consideration pertains to rendering
a decision on a View Restoration Permit or an appeal, the Commission shall
continue discussing the motion as required by paragraph 4.1.
4.1.2 Abstentions:
Abstentions shall not count as votes for the purpose of determining whether there
has been an affirmative vote of a majority of the members present, but shall be
counted for the purpose of determining whether a quorum is present, unless the
abstention was due to a conflict of interest, in which case the Commission member
cannot be included in the quorum.
4.1.3 Roll Call:
Voting upon a motion may, at the discretion of the Chairperson, and shall, upon the
request of any member, be by roll call. When voting is not by roll call, the
Chairperson may, in the absence of objection by any member of the View
Restoration Commission, declare an item to be unanimously approved.
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4.1.4 Motions Include Staff Recommendation:
A motion to adopt or approve staff recommendations or simply to approve the action
under consideration shall, unless otherwise particularly specified, be deemed to
include adoption of all proposed findings and execution of all actions recommended
in both the written staff report on file on the matter and any oral staff report
presented during the hearing.
4.2 Findings:
On any matter for which state law or city ordinance requires the preparation of
written findings, the staff report submitted on the matter will contain findings
proposed for adoption by the City View Restoration Commission. Any motion directly
or impliedly rejecting the proposed findings should include a statement of alternative
or modified findings or a direction that the matter under consideration be continued
for a reasonable period of time in order for staff to prepare a new set of proposed
findings consistent with the evidence which has been presented and the decision
which is anticipated.
4.3 Consent Items:
Items that require little or no discussion by the View Restoration Commission may
be considered as consent items. The View Restoration Commission will act on these
items in one motion at the beginning of the meeting. Approval by the View
Restoration Commission of consent items means that the staff recommendation was
approved along with the findings and conditions set forth in the staff report. Any
member of the View Restoration Commission, the applicant, or members of the
public may request that consent items be considered in their regular order on the
agenda. Removal of an item from the consent calendar is subject to approval by a
majority of the Commission members present.
4.4 Continuances:
Upon a showing of good cause and by request of the applicant, member of the
public, or member of the View Restoration Commission, the Chairperson, at the
time set for a hearing on a particular item, may order the hearing to be continued
to a specified date and time. Upon the request of any member of the View
Restoration Commission, continuance decisions shall be made by a motion and
roll call vote of all members present.
5. CONSTRUCTION AND EFFECT
5.1 Construction:
These procedural rules shall be construed and applied so as to ensure a full and fair
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hearing of relevant evidence which is offered on a land use matter and to facilitate
an orderly analysis of evidence and issues by the View Restoration Commission.
Adoption and implementation of these rules is intended to be consistent with the
provisions of California Government Code Section 65010(b).
5.2 Chairperson's Rules of Order:
When there is no provision of these rules of procedure applicable to the conduct of
the meeting or hearing of the View Restoration Commission, the Chairperson shall
devise appropriate rules and make final decisions on any points of order which may
arise with the concurrence of the majority of the Commission.
PASSED, APPROVED and ADOPTED this 7th day of September, 2000
ae.it........
Gilbert Alberio
Chairman
, View Restoration Commission
Joel ' ojas
s ire or of Plan 11111, Building
and Code Enforcement.
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