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Chair Blank stated that he felt it was reasonable to try and get all the parties together to try and resolve the issue. He noted that between the end of January and the first Zoning Administrator hearing of April 16, 2008, it appears that permission was given for the pool and that at least one party thought there was permission given for the wall. He inquired if there were minutes or notes produced from those actions or record of discussions that took place during the three to four months when things were happening. Ms. Amos replied that there is no record or meeting minutes during that time period because what took place were internal conversations with staff; no official public hearings were held. Chair Blank asked Ms. Amos if she was under the impression that the wall was approved in January 2008. Ms. Decker explained that the City had a change in project planners for this application. She noted that Ms. Amos is not the original project planner. With respect to whether or not there were notes and/or minutes and whether or not these decisions were memorialized, she explained that the Director's instruction to staff regarding various decisions made are not always memorialized via email or written notes. She stated that the Director has the authority to make these decisions, which staff then carry out. She added that on any given day, there are numerous decisions that the Director makes that are not memorialized by notes, and there are no effective minutes of everyday activities taken by staff. In response to Chair Blank's inquiry regarding when the original project planner left the project, Ms. Decker replied that she left the City in March 2008 and that Ms. Amos took over at the end of March or the beginning of April. Chair Blank inquired if a search had been done of Mr. Iserson's emails to see if there is any correspondence which might provide some information. Ms. Decker said no and added that staff typically tries to clean up their emails before they leave. Chair Blank questioned if there was any retention period for emails on City business. Ms. Decker replied that the City does not have a policy as far as retention of emails for correspondence and that staff is currently discussing this matter. Commissioner O'Connor noted that staff first thought the wall should not go forward and then later indicated that it was fine. He added that the Commission also heard tonight that a wall four-foot tall or less does not require permitting. He asked staff if this was something staff did not realize in the past. Ms. Decker replied that the process under question was the grading of the site and the removal of the required screening along that particular boundary. She stated that the screening was previously within the 15-foot drainage easement area adjacent to the existing four-foot tall redwood fence along that boundary. She noted that the approval for both the swimming pool and the retaining wall were given by Planning staff in terms of the site being astraight-zoned parcel rather than a PUD. She added that staff at the counter would not have readily found the conditions of approval associated with a tract map. She stated that what EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 17 of 25