The City Council on Tuesday unanimously enacted view restoration rules that regulate foliage height in the Trousdale Estates . “The ordinance allows a resident … who believes that his or her view is being blocked by privately owned foliage on a neighbor’s property to send a certified letter to the neighbor … asking that they trim the vegetation,” according to a statement released by the city. If view and foliage owners cannot agree on a resolution, the view owner would offer mediation to the foliage owner via a neutral party to reach an agreement, the statement explains. If no agreement results after the mediation, the view owner may apply for a Planning Commission hearing and decision, which can be appealed to the city council. If the council denies a view owner’s appeal, he or she may initiate private legal action. Tuesday’s update, which reflected staff revisions to the proposed ordinance inspired by residents’ views expressed at the Nov. 3 council meeting, established the following: There is a 15-foot maximum height limit for foliage measured according to a property’s grade in relation to the height of a home’s roof. If a foliage owner denies access to his or her property in order to prevent a view restoration survey, “the survey shall be prepared using other available information,” according to a presentation by Senior Planner Michele McGrath. Regarding enforcement, “the city shall take such action as appropriate to ensure initial compliance with the view restoration permit,” City Attorney Larry Wiener said after council members requested a language adjustment. If the city determines a resident is in compliance with the ordinance, “any further dispute … shall be resolved by a civil action initiated by the view owner,” according to McGrath’s presentation. “The prevailing party in any such civil action … shall be entitled to recover its reasonable attorney fees and costs incurred in the litigation.” Planning staff will report back to the council within 12 months on the ordinance’s impact. Additional guidelines for the ordinance are in the works and will be discussed at the Dec. 19 Planning Commission meeting, according to the statement. The fully developed set of rules will be posted on the city’s website in January. Be sure to follow Beverly Hills Patch on Twitter and “Like” us on Facebook . The rest is here: Council OKs Trousdale View Restoration Rules
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Robert Ross: Friend of Health Reform, Friend of the Court
On Friday, October 28, in an action unanimously supported by our Board of Directors, The California Endowment filed an amicus curiae brief with the United States Supreme Court in support of the federal government’s request that the Court accept an appeal of a lower court decision invalidating a portion of the Affordable Care Act. While the new health reform law continues to endure all manner of political and legal attacks across the nation, it is our view that this new law offers the best pragmatic set of remedies to solve the crisis of our dysfunctional, too-expensive, and unfair health care system. Why is our foundation doing this? It is our view that the minimum coverage requirement — also referred to as the individual mandate — is central to making the Affordable Care Act work. It is clearly linked to commerce because uninsured Californians using expensive emergency rooms and hospitals for needed care drive up health care costs, and negatively impact our state’s business climate. Moreover, let us count the ways of why this new law is critical to our nation’s health and economic viability: It will provide an opportunity for most of America’s nearly 50 million uninsured citizens to access quality, affordable health care. It eliminates the decades-long discrimination and denial of coverage by health insurance companies against Americans who are sick or have a pre-existing health condition. It provides subsidies for hard-working Americans who cannot afford health care in today’s health insurance market. It provides small businesses with tax credits to support the purchase of health coverage for their employees. It begins the long-needed transformation of health care financing to be driven by quality, value, and results — and not by services rendered. It provides free preventive health services in a systematic approach — which many private health insurers have already begun to do in an effort to reduce the costs associated with expensive, avoidable care later on. It supports the entrepreneurial spirit of America, by strengthening the likelihood that self-employed Americans will be able to purchase affordable health coverage in an open insurance market. This new health law is worth fighting for, and we hope you agree. If you wish to read the foundation’s amicus brief, authored by preeminent attorney Kathleen M. Sullivan, click here . Originally posted here: Robert Ross: Friend of Health Reform, Friend of the Court
