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5.6.20 Appointments Now Available for Limited Services

MODERATED LIMITED EXPOSURE APPOINTMENTS

The Palos Verdes Homes Association understands the need for Homeowners, Architects, Contractors and other industry professionals to have access to the archival depository of construction documents and historical records for every property in Palos Verdes Estates and Miraleste. Of greater importance is protecting every person’s health and safety during the global pandemic. To do both requires a controlled procedure to mitigate the inherent risk.

Beginning Wednesday May 6, 2020, the Palos Verdes Homes Association office will be transitioning to a limited ‘appointment only’ basis to:

  • Allow one project representative at a time the opportunity to review and/or trace existing architectural drawings to facilitate the advancement of their project.
  • Allow Homeowner to sign a plan release authorizing printers to produce copies of existing plans (validation of ownership is required – copy of the title or deed and valid driver’s license).  If homeowner is remote, please call PVHA for options.

All other services will follow the current procedures (updated April 8, 2020) by email and through the pick-up/drop-off bins until further notice or as we see fit.

Each representative must comply with all of the following mandatory criteria.  There will be no exceptions.

Appointment hours: 9:00am – Noon and 1:30pm – 4:00pm Monday, Wednesday, Thursday, Friday.  We will remain closed on Tuesdays.

Duration of Appointments:   30 minutes up to maximum of 60 minutes. Scheduled at :00 and :30 of the hour. Appt. times will be strictly observed – plan accordingly – no overlapping

Making your appointment:   APPOINTMENTS BY PHONE ONLY – 310 373 6721

You will be asked to provide the following information:

Your name – Phone number – Relationship to project – Address of project you wish to view – Reason for appointment – Address of other properties you wish to view – Plans will be ready for you when your appointment begins

What you will need:   A face mask that covers your nose and mouth must be worn at all times

You shall maintain social distancing guidelines

You shall bring your own tools and materials required to perform your task

IMPORTANT!  In the last 6 weeks, if you have had exposure to a person who has tested positive for the virus, or if you have exhibited any symptoms generally associated with the common cold, flu or coronavirus, then please stay at home and focus on getting better.  Do not put anyone at risk.

Thank you.

PVHA Staff

5.5.20 View Resolution No.187

RESOLUTION NO. 187

RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALOS VERDES HOMES ASSOCIATION ADOPTING GUIDELINES AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ASSOCIATION’S AUTHORITY TO MAINTAIN VIEWS, AND A POLICY THAT ENFORCEMENT OF THE ASSOCIATION’S AUTHORITY SHALL BE DONE BY INDIVIDUAL MEMBERS.

WHEREAS, ARTICLE V, SECTION 7 OF THE DECLARATION OF

ESTABLISHMENT OF BASIC PROTECTIVE Restrictions, Conditions, Covenants, Reservations, Liens and Charges and Certain Local Restrictions (Hereinafter referred to as “Restrictions”) of Palos Verdes Estates and portions of Miraleste provides in part:

“Representatives of the Homes Association… shall have the right at any time to enter on or upon any property for the purpose of cutting back trees or other plantings which may grow up to a greater height than in the opinion of the Homes Association is warranted to maintain the view and protect adjoining property.”

WHEREAS, The Board of Directors (the “Board”) of the Palos Verdes Homes Association (the “Association” or “PVHA”) adopted Resolution No. 146 in November 2000, Resolution 150 in November 2002, Resolution 156 in May 2005,

Resolution 159 in July 2006 Resolution 165 in March 2010, Resolution 169 in

March 2013, Resolution 172 in April 2015, Resolution 182 in July 2018 and Resolution 185 in May 2019 to establish procedures for its members to utilize the authority of the Association to correct view impairments created by trees or other plantings;

WHEREAS, the Association has had experience with Resolution No. 146, No. 150, No. 156 No. 159, No. 165; No. 169; No. 172; No. 182; and No.185;

WHEREAS, it is the Association’s policy to encourage voluntary resolution of view impairment disputes between Members who are directly involved whenever possible;

WHEREAS, PVHA interprets “view” as follows:

A. For properties purchased prior to the date of enactment of this Resolution, PVHA interprets “view” to mean the view that existed when the Restrictions were filed, June 26, 1923;

B. For properties purchased subsequent to the enactment of this Resolution, PVHA interprets “view” to mean the documented view that existed at any time since the property was most recently purchased for fair market value through an arm’s length purchase or sale, as evidenced by a deed.

WHEREAS, the Association wishes to implement directives set forth in the Restrictions and adopt written procedures regarding its view impairment authority so that members may better understand the procedures and remedies available pursuant to Article V, Section 7, with the hope that this understanding will further promote the voluntary resolution of view impairment disputes;

WHEREAS, the Association wishes to provide guidelines for the evaluation and resolution of view impairment disputes; implement a clear process to residents for managing view issues and establish procedures for its Members to utilize the authority of the Association to correct view impairments which cannot be resolved between the parties;

WHEREAS, the Association hereby provides Members with this process for the resolution of view impairment disputes;

WHEREAS, the Restrictions do not state that the Association has the exclusive enforcement rights;

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following procedure for the application of the Restrictions to view impairment disputes, and a policy that enforcement of view impairment disputes shall be done by individual Members, not the PVHA.

1.   DEFINITIONS

“Scenic View” shall mean a view of the community and its special features such as landscapes, ocean, coastlines, city lights, canyons, golf courses, parkland, architecture, and greenery. This visually impressive scenic vista is to be evaluated from the “Main Viewing Area” of the residence.

“Main Viewing Area” shall mean the primary living area of a residential structure. If the primary living area of a principal residence is not located on the ground floor, the main viewing area means the primary living area of the principal residence. The “main viewing area” may be an abutting outdoor deck or patio area located at relatively the same elevation as the primary living area of a residence.

Bedrooms, master bedroom retreats, offices, hallways, closets, laundry rooms, mechanical rooms, bathrooms and garages shall not be considered main viewing areas.

“Significant View Obstruction” means a substantial obscuring of the scenic view, diminishing it’s attractiveness and enjoyment by the Member.

The following unranked criteria shall be considered in determining whether a Significant View Obstruction has occurred:

  1. The extent to which the foliage obstructs a scenic view from a Main Viewing Area.
  • The location of the obstruction within a view frame; foliage located within the center of a scenic view is more likely to be found to create significant obstruction than obstruction located on the outer edge of a scenic view.
  • The quality of the scenic view being obstructed, including obstruction of landmarks, vistas or other unique features.
  • The extent to which the scenic view has been diminished over time by factors other than tree growth, such as new additions or residences.
  • The extent to which the scenic view contributes to the value and enjoyment of the Member’s property.

2.   VIEW RESTORATION PROCEDURE

The following process shall be used in the resolution of view obstruction disputes between Members.

A.  Initial Discussion

A Member who believes that foliage on the property of another Member has caused a significant obstruction of scenic views from the Member’s main living area shall be known as the Complaining party. A Complaining party shall notify the foliage owner in writing of such concerns. The notification should, if possible, be accompanied by personal discussions to enable the Complaining party and foliage owner to attempt to reach a mutually agreeable solution.

The notification to the foliage owner should include this statement:

A foliage owner who prevails in litigation shall not be entitled to recover his/her/its attorneys’ fees and costs if the foliage owner has declined to participate in the Initial Discussion or mediation processes set forth in Sections 2 A&B of this Resolution.

B.  Mediation

If the Initial Discussion attempt fails, the Complaining party shall propose mediation as a means to settle the view obstruction dispute. The Complaining party shall invite, by registered or certified letter with return receipt, the foliage owner to participate in mediation.

A complaining party shall notify the PVHA of any request for mediation pursuant to the provisions of this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.

The foliage owner shall have twenty (20) calendar days from service of a written request for mediation, as indicated on the return receipt, to accept or reject the offer of mediation. Failure to respond in writing by registered or certified letter with return receipt within twenty (20) calendar days shall be deemed a refusal of mediation.

Acceptance of mediation by the foliage owner shall be voluntary. If mediation is accepted, the parties shall mutually agree in writing upon a mediator within twenty (20) days of the acceptance of mediation, unless a different date is mutually agreed upon, or the offer of mediation shall be deemed to have been declined.

If mediation is accepted, the parties shall conduct a mediation within forty- five (45) calendar days of the foliage owner’s acceptance of mediation, unless a

different date is mutually agreed upon in writing. It is recommended that the services of a professionally trained mediator be employed.

The mediation meeting may be informal. The mediation process may  include the hearing of viewpoints of lay or expert witnesses, and may include a site visit to the properties of the Complaining party and the foliage owner.

The mediator shall consider the purposes and policies set forth in this Resolution in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall help the parties to resolve their dispute by written agreement in order to reduce the potential for litigation.

A complaining party shall provide the PVHA with a copy of a mediated agreement reached pursuant to this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a                    Member or participate in the dispute resolution process in any way.

C.  Litigation

         (a)  In those cases where the Initial Discussion process fails, and mediation is declined by the foliage owner, or fails, civil action may be pursued by the Complaining party for resolution of the view obstruction dispute in the Superior Court under the provisions of this Resolution.

        (b)  A Complaining party shall provide the PVHA with a copy of the lawsuit, and any settlement agreement. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.

3.   Apportionment of costs

  • Cost of mediation. The Complaining party and foliage owner shall agree on the allocation of mediation costs, or allow the mediator discretion for allocating costs.
  • Cost of litigation. To be determined by the court or through a settlement, subject to the following exception: a foliage owner shall not be entitled to recover his/her/its attorneys’ fees or costs if the foliage owner declined to participate in the Initial Discussion or mediation process set forth in Sections 2 A&B,  above. The notice of the view obstruction dispute and the request for mediation provided by the Complaining party in accordance with Section 2 shall inform the foliage owner of this provision, and the consequences of

non-participation in the Initial Discussion and mediation processes.

  • Cost of restorative action. To be determined by mutual agreement or court order.
  •  Restorative Action

The PVHA advises that the following criteria be applied to Restorative actions:

(a)  Trimming of trees and shrubs should conform to ANSI standards and be performed  by an ASI licensed arborist;

(b)  Topping and severe pruning should be avoided due to the damage such practice causes to the tree’s form and health;

(c)  Restoration actions may include, but are not limited to the following, in order of preference:

          (1)  Trimming.  Trimming is the most preferable purning technique that removes excess foliage and can improve the structure of the tree;

          (2)  Vista Pruning.  Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree’s growth pattern or health.  Topping should not be done to accomplish vista pruning;

          (3)  Crown Reduction.  Crown reduction is preferable to topping or tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the tree(s) in question;

          (4)  Stand Thinning.  The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings;

          (5)  Topping.  Eliminating the upper portion of a tree’s trunk or main leader.  Topping is only to be permitted for trees specifically planted and maintained as a hedge;

          (6)  Heading.  Eliminating the outer extent of the major branches throughout the tree.  Heading is only to be permitted for trees specifically planted and maintained as a hedge;

          (7)  Tree/Vegetation Removal.  Tree or vegetation removal, which may be considered when the abovementioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits lots due to tree removal;

(d)  LA County Fuel Modification standards also apply to Palos Verdes Estates, restricting tree placement and limiting the height of hedging depending upon their distance from structures.  Refer to LA County Fuel Modification specifications when selecting replacement vegetation.

(e)  The California Department of Fish and Game restricts trimming during the breeding season of raptors and other migratory non-game birds February 1 through September 1.  Refer to the Federal Migratory Bird Treaty Act and the California Fish and Game Code sections 3503, 3503.5 and 3513, when scheduling restorative actions;

(f)  Inclusion of a maintenance schedule in the agreement for trimming based on the individual species of tree and future view impacts.

5.   Liabilities

  • Members agree that the use of the process set forth in this Resolution shall not create any liability on the part of PVHA.

PASSED, APPROVED AND ADOPTED this 28th day of April, 2020.

                                                                                                                                                                                    Marlene Breene – President

Attest:

Savery Nash – Manager

2020 Election Update

At the January 14th Annual Meeting of the PVHA is was announced that there were 1864 valid ballots received or 34.4% of the properties, therefore short of the quorum requirement of 35% quorum requirement established by the court settlement and clearly short of the 50% quorum in the PVHA Bylaws.  . The measure to reduce the quorum to 35% passed 1229 to 534.  Without a quorum no business could be conduced and the Board adjourned until the regular Board Meeting on January 28th.

                      At the January 28th Board Meeting it was announced that, in the absence of a quorum, the current Board would stay in place.   It was then announced that Carol Swets had resigned and then President Dale Hoffman announced his resignation.  Current Board members are  Marlene Breene, Richard Fay and Charles Tang.  For information purposes the recent vote was announced as:

                                 John Harbison        1254

                                 Marlene Breene    1222

                                 Ried Schott            1209

                                 Gayne Brennerman       1087

                                 Richard Fay            1047

                                 Charles Tang                      963

At the February 25th Board meeting the current Board will decide on a process for filling the vacant Board seats.

Board of Director’s Candidates for 2020 Election

Six members have submitted verified petitions to be on the ballot for the 2020 PVHA Board Election. They are incumbents are Marlene Breene, Richard Fay and Charles Tang and also Gayne Brenneman, John Harbison and Reid Schott. All five seats on the PVHA Board are up for election. Ballots will be mailed in the fall and the results announced at the PVHA annual meeting on January 14, 2020.

Meet the Candidates:

DICK FAY, Incumbent

After retiring from ARCO, he and a partner started a web site development business which they ran for 15 years and sold in 2015.  Born and raised in Philadelphia, Dick has a bachelor’s degree in Mathematics from Duke University and a master’s degree in Applied Statistics from Villanova University. 

Now fully retired Dick and his wife live in Montemalaga.  He enjoys traveling, photography, golf and following his favorite sports teams.

MARLENE BREENE, Incumbent

Special studies on the Olmsted firm, both at Parsons and through symposia by the National Association of Olmsted Parks, instilled a deeper insight into the history of our community and sparked inspiration for the future.  Marlene is currently a member of the Association of Professional Landscape Designers, the Mediterranean Garden Society, the California Native Plant Society, and the Palos Verdes Peninsula Land Conservancy.  Extensive volunteer efforts past and present include board member for the Lunada Bay Homeowners Association, steering committee for Beautify Lunada Bay, Committee Chairperson for PTA, and docent activities for the Palos Verdes Art Center and the Palos Verdes Peninsula Land Conservancy. 

Seeking good schools and the best climate in Los Angeles, Marlene and her husband Patrick first arrived in Lunada Bay with 2 preschoolers in tow and a ‘dream fixer’ property. After many busy years, the 3 daughters are grown, Patrick is now retired and the house needs another ’fix’. Everything circles back.  Marlene continues to enjoy working in our extraordinary community and is enthusiastic about contributing to the Palos Verdes legacy.

GAYNE BRENNEMAN, MD

Goal:  In seeking election to the PVHA Board, Gayne would be honored to continue her community service by contributing to the happiness, and tranquility found in PVE, and maintaining Olmsted’s vision:  “…PRESERVE, INCREASE, ENHANCE, AND PROTECT, the homeowners property values, views, trees and plants.”

Personal: A Board-certified cardiac anesthesiologist, Gayne has been a resident of Palos Verdes Estates since 2000 and has been married to Bob Slay MD, an ER doctor, for 43 years.  Gayne and Bob moved to bucolic Palos Verdes Estates to raise their family their 2 grown children, both of whom, attended PV schools, USC Business School, and live nearby.

Gayne has been in private practice in Texas and San Diego, VA hospital, Richmond VA, and HMO practice at Kaiser Sunset, until retiring in 2016. She is currently a freelance anesthesiologist on a part-time basis for a variety of local hospitals.

Relevant Experience:  As HOA President of her vacation condo in Idaho, she has successfully fought against high density re-zoning, supported sunlight and view protections, improved transparency and digitalized communication, and CC&R adherence and enforcement.

Elected Positions:  

  • President of HOA for her Sun Valley, Idaho condo for 27 years
  • Class Agent for her medical school class, for the past 37 years
  • Anesthesiologists of California Representative, District #13, from 1999 – 2002, and Alternate Delegate from 2002 – 2005

Additional Accomplishments: 

  • Contributing author to numerous cardiac anesthesia literature and books
  • Editor – Kaiser Permanente Journal
  •  Who’s Who of American Women, 1996 and 2019
  •  “A.M.A.” Physician’s Recognition Award 1985, 88, 97, 00, 02
  • Who’s Who in American Business, 1998
  • America’s Top Physicians, Consumer Affairs 2005
  • U.S. News & World Reports ‘TOP DOCTOR’S” 2015
  • Contributor, and featured on the cover of The Battle Buddy Diet on nutrition

Education:

  • UCSB, political science, 1973
  • Medical school, internship, and residency, at UTHSC, 1977-1984
  • Fellowship at UAB in 1988
  • Harvard Business School, graduate courses with a focus on “Complex Negotiations and Strategic Planning”

Additional Appointments/Guest Lecturing/Community Involvement:

  • Lecturer – Cardiac anesthesia to the Kaiser School of Anesthesia for 12 years, and the
  • Lecturer – American Association of Operating Room Efficiency “Use of Palm Pilots
  • Appointed assistant professor at U.S.C., M.C.V., and U.C.S.D.
  • Developed the #1 mobile app for Cardiac echo diagnostics, worldwide for 3 years, 2003-06.
  • Guest lecturer for ‘Grand Rounds’, at Kaiser Sunset, and Cottage Hospital, Santa Barbara.
  • Most interestingly, she lectured on ‘open heart’ an  esthesia to the Queen Alia Institute, in Jordan, at the request of his majesty, King Hussain, and President Reagan’s consultant for the state department.

Personal Interests:  Gayne travels extensively both domestically and internationally.  She loves downhill skiing, bicycling, and computer programming – particularly custom macros.

CHARLES TANG, Incumbent

Charles Tang has been a resident of Palos Verdes Estates since 1995. After a successful 35 year career at The Aerospace Corporation, he became a serial entrepreneur and created several companies including a technology venture capital firm, a real estate investment company, and a nonprofit educational company to help disadvantaged people become financially literate. In addition, he continues to teach system architectures, technology startups, and managing engineering innovation at Loyola Marymount University and the University of Southern California. 

His educational background includes a MBA from Pepperdine University and PhD/MS/BS degrees in electrical engineering from the University of Southern California. All three of his now grown children attended PV schools from Lunada Bay elementary to PV High and Peninsula High.  In his spare time, he enjoys driving and working on his cars and motorcycles. Charles and his family love Palos Verdes Estates and he is looking forward to ensuring that the beauty and unique quality of life in Palos Verdes will endure for the enjoyment of future generations.

L. RIED SCHOTT   

Ried has had successful careers in commercial real estate and investment banking.  In conjunction with work he has lived in Cincinnati, Denver, Chicago, Atlanta, New York and Los Angeles, before settling in PVE 15-years ago.  He has remained active with property management through his own firm and has been an angel investor with Tech Coast Angels for two decades, investing in nearly a score of start-up companies.  Ried presently serves as a Director of a non-profit Housing Corporation and recently established a charitable foundation.  He also serves on the Board of a Home Owners Association with a budget and issues that are similar to those involving PVHA.  Ried’s formal education includes liberal arts studies at Ohio Wesleyan and a business degree from the University of Denver.  His education was supplemented with graduate school studies and extension courses (at NYU and UCLA).

Ried has resided in Malaga Cove for 15-years.  He has been engaged in local and area activities, which include being a Volunteer Parkland Ranger, a member of the PV Golf Club, a former Advisory Board Member of the Malaga Homeowners Association and is a member of the Manhattan Country Club.

In making improvements to his home in PVE, Ried needed to submit applications to the Art Jury and the PVHA for; 1) changes to building’s exterior, 2) rebuilding a porch, 3) installing solar panels and 4) view restoration.  This personal experience has provided Ried with important insight on the processes and issues involving the Art Jury and PVHA, and ways they can be simplified and improved.

JOHN HARBISON

He has lived in Palos Verdes Estates and been a member of PVHA since 1992. In the recent Panorama parklands litigation, he fought for the protection of our CC&Rs and Deed Restrictions, which is integral to the stewardship responsibilities of the PVHA. Now that the lawsuit is settled, John looks forward to the potential opportunity to channel his deep understanding of the CC&Rs and PVHA by-laws into protecting and implementing the vision set by the founders of our community.

John Harbison is Chairman Emeritus of Tech Coast Angels – the largest Angel investor group in the US, where he has invested in over 60 startups. He has served as a Director on Boards of many early stage companies and enjoys mentoring and helping those companies succeed. Previously he co-founded Next Autoworks, a disruptive new American car company, backed by investors such as Kleiner Perkins and Google Ventures. Before that he served as CEO of SilentRunner Inc., a network security software company, and as President of Raytheon Commercial Ventures Inc. where he launched four businesses in two years leading to two successful exits and a third company which introduced the first automotive blind spot radar and grew to $700 M in sales in 8 years. Earlier in his career, he was a strategy consultant and partner at Booz•Allen Hamilton where he led the firm’s Aerospace/Defense Practice and its Strategic Alliances functional practice —  both to global pre-eminence — and opened its Los Angeles office. He has an BA from Harvard College, an MS in accounting from NYU Stern (resulting in a CPA) and an MBA from Harvard Business School.

His two sons grew up in the PV schools, attending Montemalaga, PVIS and Peninsula High. He has served on the Board of the Greater Los Angeles Council for the Boy Scouts of America since 1994 and was Chairman for two terms from 2000-2001.

This year’s ballot will also include an advisory question on reducing the quorum requirement to 35% from the current 50%. PVHA has not achieved the 50% quorum since 2009.

2020 Board Election

Six members have submitted verified petitions to be on the ballot for the 2020 PVHA Board Election. They are incumbents are Marlene Breene, Richard Fay and Charles Tang and also Gayne Brenneman, John Harbison and Reid Schott. All five seats on the PVHA Board are up for election. Ballots will be mailed in the fall and the results announced at the PVHA annual meeting on January 14, 2020.

This year’s ballot will also include an advisory question on reducing the quorum requirement to 35% from the current 50%. PVHA has not achieved the 50% quorum since 2009.

Annual Meeting and Board of Directors Election

Annual Meeting and Board of Directors Election

Per the Palos Verdes Homes Association ByLaws, the 93rd Annual Meeting of members will be held January 8, 2019 at 8pm in Palos Verdes Estates City Council Chambers.

The close of elections is Wednesday January 2, 2019 at 4:30pm.

In the months of October, November and December, members will receive Annual Meeting information, member verification and Board of Directors election ballots.  Please help us reach a quorum required to conduct business by returning your member verification and ballot by
mail to the Inspector of Elections at the address on the return mailing envelope as soon as possible before the busy holidays.  NOTE: Per election rules, ballots can not be accepted at the PVHA offices. Do not leave ballots at the PVHA door or on the counter.  They can not be considered valid and will not be counted.  However, as a convenience to members, a secure ballot box monitored by the Inspector of Elections will be available at Palos Verdes Estates City Hall during their office hours up to the close of elections Wednesday January 2, 2019 at 4pm.

Please be certain you have followed the voting instructions included in your mailing when returning the ballot and member verification so that your ballot is valid and will be counted.

If you have any questions,  feel free to contact the PVHA office at 310-373-6721 or stop by.  We are here to help you.  Please keep in mind that PVHA offices will be closed for the Holidays the following days:  November 22 and 23.  December 24 – 28 2018, and New Years Day 2019.

Even if you wish to abstain from voting, please return your member verification so that a quorum may be achieved. 

All ballots must be returned to the Inspector of Elections.   No ballots can be accepted at the PVHA office or at the Annual Meeting.