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**ITEM 8.1.4 -- Letter to West LA Area Planning Commission regarding 1525 Palisades Drive** April 10, 2018 Esther Margul
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**ITEM 8.1.4 -- Letter to West LA Area Planning Commission regarding 1525 Palisades Drive**
April 10, 2018 Esther Margulies, President West Los Angeles Area Planning Commission Henry Medina WLA Parking Enforcement Facility 11214 W. Exposition Boulevard Los Angeles, CA 90024 Re: _1525 Palisades Drive, Proposed Eldercare Facility_ _Case No. ZA-2017-2170-ELD-CDP-SPR and ENV-2017-2171-CE_ On
November 2, 2017, I wrote to inform the Zoning Administrator (ZA) of the PPCC Board’s motion regarding the eldercare facility proposed for 1525 Palisades Drive, Pacific Palisades (Property) pursuant to the above-referenced Case (Eldercare Project). As a recap, on
October 26, 2017, the Pacific Palisades Community Council (PPCC) Land Use Committee considered the Eldercare Project and produced an advisory opinion to the PPCC Board that the Eldercare Project was an appropriate use for the Property. The full board of the PPCC then discussed the matter and passed the motion below, after hearing presentation from both sides and listening to testimony from residents. _PPCC finds that the proposed eldercare facility is an appropriate use. We note community concerns about height, safety, access, noise, disruption and proximity to zoned open space. The developer assures us that the Palisades Dr. driveway will be modified to exit only. Further, the developer assures us that he will be responsive to complaints about outdoor light._ Since that time, questions have been raised as to the breadth of the PPCC’s finding and the extent of the affirmation the finding conveyed with respect to the Eldercare Project. In the interest of full and complete communication, I now offer the following additional comments, which are intended to clarify and contextualize the PPCC Board’s action.
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* With its motion, the Board intended to say only that we thought an eldercare facility was an appropriate land use at the Property. The finding was limited to the appropriateness of the use. The motion was not intended either to imply support for the design of the proposed building or to address the question of whether the Eldercare Project was in conformity with the California Coastal Act or applicable City of Los Angeles regulations including the required findings for approval of a Coastal Development Permit (LAMC 20.2) or Site Plan Review (LAMC 15.05).
* The Board declined to consider, or make any determination, about the Eldercare Project’s compliance with the California Environmental Quality Act (CEQA); and whether or not the City acted properly in June, 2017 when it determined the project was categorically exempt from the provisions of CEQA. The Board made this decision after making clear that we lacked the requisite knowledge and expertise to engage in a well-informed debate on this aspect of the project.
* The Board and its Land Use Committee, in aggregate, spent approximately three hours on
October 26, 2017 hearing from local residents and deliberating the Board’s position on the Eldercare Project. In its adopted motion, the Board noted “community concerns about height, safety, access, noise, disruption and proximity to zoned open space.” A large number of residents attended these meetings to express their support or opposition, indicating an extreme level of community engagement in this issue. Our intent in noting the areas of concern in our motion was to communicate the types of concerns expressed by many residents, to City decision makers.
* In our letter to the ZA, we noted that the developer acknowledged community concerns with respect to the height and scale of the building at the
October 26, 2017 meeting, and made a verbal commitment to be mindful of those concerns. Our intent in making these statements was to bring the primary scope of community feedback to the attention of the City decision-makers, in case they had relevance in the ZA crafting of conditions or requirements for the Eldercare Project, should it be approved.
* The PPCC Guiding Principles state in part, that “the PPCC maintains that planning and zoning regulations, building codes, rules, restrictions, and ordinances have been established for the good of the community. They should be applied, upheld and enforced by the Zoning Administrator, Building and Safety, and other governing bodies with jurisdiction over the approval, execution, and enforcement processes.” These principals were drafted purposefully, and are found in our Bylaws. Without expressly stating this in each of our positions, we incorporate them by inference and insist that all laws be scrupulously applied. The Guiding Principles also include, by inference, all applicable State and local laws and regulations affecting development in the Coastal Zone.
It is my hope that this letter helps clarify the limited scope of the finding adopted by PPCC, i.e., that the Eldercare Project would be an appropriate use, and that it assists the West LA Area Planning Commission in its evaluation of appeals of the Zoning Administrator’s
January 26, 2018 decision regarding the Case. Sincerely, Maryam Zar, Chair, Pacific Palisades Community Council **ITEM 8.1.5 – Bylaws Suggestion from Chair** **PPCC Bylaws referral issues;
April 12, 2018; Submitted by the Chair** _For consideration by Bylaws Committee, and findings advised to the board by
May 24, 2018._ **_Election related issues:_** **Independent oversight/administration of elections** In NC elections, ballot counting and certification is done by an independent office (The City Clerk), not the individual councils.
It can be perceptually damaging when our elections are administered by board members and individuals who at times have been very vocal about their preferences for people and issues that have impacted the board. _Perceptions_ can be just as important as conduct when it comes to maintaining the public trust.
When candidates have clearly been preferred by the counters, there is a perception of impartiality and a question of conflict that _must_ be addressed.
The election Committee can be made of board members – preferably those whose positions on issues and candidates are not obvious – but those tasked with tallying the vote must be independent and unconnected to the outcome of the vote.
Suggestion for Consideration: to appoint the non-voting legal advisor as the Chairman of the election committee, with the final authority over the appearance of the ballot, which ballots are disqualified, and the final certification/count. **PPCC Logo on Campaign Materials** Just as using the city seal on campaign materials is a disqualifying offense in NC elections, using the PPCC logo on campaign materials should be expressly prohibited in the Bylaws.
This could be interpreted as a Council's endorsement of the candidate. **Multi-modal Voting** Paper ballots must be preserved for those who do not feel comfortable with digital ballots.
Voters should not be dissuaded from voting one way or another by members of the EC.
Voters should not, for example, approach the Farmers Market table ready to vote and then be told it is preferable that they vote online. **Release of Results** Full results of the election, including vote totals should released publicly, all at once, when available. **Alternates Process** The same people (or substantially the same people) may not administer the elections and also be the ones who nominate the Alternates.
This creates a tension whereby a candidate cannot challenge the EC's conduct during the campaign, or the results of the election, without fearing retaliation during the Alternate selection process.
Suggestion 1: Having the newly elected Rep nominate their alternates, and then have them confirmed by the council voting members at a subsequent meeting.
Suggestion 1: Having a second place finisher (within a certain vote differential) automatically qualified as the 2nd Alternate. **_Non election related matters:_** **Recording or live broadcast of Proceedings** All PPCC meetings or committee meetings shall be audio recorded and made available to the public via the PPCC website.
Justification: The majority of Palisades residents do not choose to attend meetings unless there is an issue that interests them.
There are other residents who do not want to attend full meetings but would be interested in what their elected representatives are doing on their behalf.
The minutes of the board meetings are broad and do not represent the complete discussions or supporting material that makes up board votes.
Additionally, there have been multiple instances where both board members and participants have said things that are later contested or argued.
This amendment would eliminate this unnecessary conflict and make everyone accountable.
Most modern public organizations and representative bodies make their proceedings available live or via online archive.
The PPCC is no different and should be accessible to the public it serves in as many venues as possible, in keeping with the times, to fulfill its mission and remain relevant to the Palisades constituency.
The technical requirements to fulfill this responsibility is simple and free. **Statements of Conflict of Interest** The PPCC board consists of residents with broad professional experience and, in some cases, influential connections.
These resources are invaluable when discussing particular subjects or motions before the board, but they can also give rise to conflicts, or the impression thereof.
Both the Bylaws and Robert’s Rules of Order outline procedures for conflicts of interest, but do not include a method for board members or the public to systematically and defensibly ask about those conflicts, or a codified manner of addressing them. A simple form or questionnaire distributed to members at the start of their service outlining their potential and real conflicts of interest through professional or social circles will ensure that the community can review and discover these potential conflicts, and the EC should have a tolerance for community or board members to question those conflicts and the appropriateness of members to serve on committees or vote on matters that may benefit them directly or indirectly.
The Chair should be able to be required and able defend his/her appointees frankly and openly. **Term Limits** Consider whether Term Limits should be set for all officer roles.
Consider whether term limits should be set for Area representatives.
Please advise the pros and cons that were considered. **Other**
Summary
This document contains two items: a clarification letter from PPCC Chair Maryam Zar to the West LA Area Planning Commission explaining that the PPCC's October 2017 motion supporting an eldercare facility at 1525 Palisades Drive was limited to finding the use appropriate and did not address design, coastal compliance, or CEQA issues; and a set of bylaws suggestions from the Chair submitted for committee consideration covering election administration, voting procedures, meeting recordings, conflict of interest statements, and term limits.