Loading...
2014-11-18_Fournier.pdfMINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS NOVEMBER 18, 2014 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 5:02 p.m. on Tuesday, November 18, 2014 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Gray, Mirsch and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Shahiedah Coates, Assistant City Attorney. Heidi Luce, City Clerk. Debi Fournier, 30 Crest Road East. Howard Weinberg, Attorney. Brandon Gill, Arborist, American Arbor Care. Michael Sherman, 33 Crest Road East. Samantha Lamberg, Attorney. Brad Travers, Arborist, Travers Tree Service Craig and Hanne Ekberg, 35 Crest Road East. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, OCTOBER 28, 2014 (SHERMAN/FOURNIER). Chairperson Smith noted one correction in the minutes to remove the reference to maintenance every two years for the trees that are being removed. Committee Member Mirsch noted that the section in the minutes relative to the cost allocation did not include details of the lengthy discussion that occurred regarding the allocation of cost and asked that the minutes reflect more details relating to her reason for opposition. Committee Member Mirsch asked that a statement be added to the minutes to reflect that her opposition to the cost sharing of the maintenance was also because she does not feel that the number of trees or the cost of maintaining those trees is sufficient reason to deviate from the normal distribution of costs. Following brief discussion, Committee Member Gray moved that the Committee on Trees and Views approve the minutes of the October 28, 2014 meeting of the Committee on Trees and Views as amended. Committee Member Mirsch seconded the motion which carried without objection. PUBLIC HEARING CONSIDERATION OF VIEW 1MPAMMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES PROPERTY OWNER: COMPLAINANTS: Minutes Committee on Trees and Views 11-18-14 33 CREST ROAD EAST MR. AND MRS. SHERMAN MR. AND MRS. FOURNIER, 30 CREST ROAD EAST AND CONSIDERATION OF A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT CAUSED BY SPECIFIC TREES LOCATED AT 33 CREST ROAD EAST AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. Chairperson Smith introduced the item and asked for staff's comments. Planning Director Schwartz stated that at the last meeting after a field trip to both properties and deliberation on the matter, the Committee directed staff to prepare a Resolution setting forth the restorative actions necessary to restore the view corridor from the Fournier property. She reviewed the Resolution which requires action on 63 trees and the hedge with two trees to be removed and sets forth the cost allocation whereby the complainant pays the cost for the initial restorative action and the cost for the maintenance is shared by both parties. She stated that the Resolution contains a condition that the exact location of Tree #51 shall be verified to confirm if it is on the Sherman's property or a neighboring property. She stated that based on staff and the City Attorney's review of the remediation actions required, it was found that the proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA) and the reasons for the exemption are included in the Resolution. She reviewed the Committee's options for action at this meeting which include: adopt the Resolution as presented; discuss the Resolution and adopt with non -substantive changes or continue the case to the next meeting of the Committee. She reviewed the changes to the Resolution that were made since it was provided to the Committee and the parties and provided a revised Resolution. The changes noted were in Section 7(A) to correct the location of the office to the "east of the main entrance" and in Section 8(C) to add a sentence after the first sentence stating that "Said costs shall be determined by the lowest of three bids obtained by the owners of 33 Crest Road East with any amount above the amount of the lowest bid being paid for by the owners of 33 Crest Road East." She further noted that the reference to maintenance of the removed trees every two years has been removed from the Resolution and as noted in the correspondence from Ms. Lamberg regarding Tree #71, the tree will be removed, including stumps and roots. She further noted that the reference to the last exhibit is purposefully blank because it can't be included until the restorative action has been completed. Planning Director Schwartz further commented that additional correspondence was received from Mr. Weinberg objecting to the cost allocation and from Ms. Lamberg asking for clarification on the Resolution. She noted that an additional correspondence was received from Mr. Weinberg at the meeting tonight which has been placed on the dais but has not been reviewed by staff. In response to Chairperson Smith regarding the cost sharing, Assistant City Attorney Coates confirmed that this is not the first time a Resolution has included that the parties share the maintenance costs. Chairperson Smith called for comments from the public. Howard Weinberg, Attorney addressed the Committee on behalf of the applicant further expressing his objection to the cost sharing of the maintenance costs as are outlined in the correspondence he sent to the City Attorney. He provided suggestions for specific textual changes to define the view plane and clarify the view that is to be restored and maintained. Michael Sherman, 33 Crest Road East addressed the Committee stating that the number of trees to be maintained to restore the applicant's view presents a financial burden and he feels the expense for the maintenance should be shared by the parties and the Committee has the authority to order as such. Ms. Lamberg, Attorney addressed the Committee on behalf of the Shermans stating that should the Committee be inclined to alter the cost allocation her client should be provided a full opportunity to respond to the legal arguments presented. She stated that she provided an e-mail that outlines the issues they have with the Resolution. Brief discussion ensued concerning adding more specific language in the Resolution with regard to the timing of trimming of the Pine Trees. The Committee Members concurred that when the Pine Trees are to be trimmed, Mr. Sherman should consult his arborist with regard to timing of the trimming. Ms. Lamberg further commented that she feels that language in Section 8(B) should be changed to reflect that the Sherman's will select a contractor to perform the initial restorative action provided that the full amount of the deposit has been received including the portion of the deposit from the Occhipintis. Craig Ekberg, 35 Crest Road East addressed the Committee to express his opinion that the complainant should be required to share some of the burden of the cost of the ongoing maintenance of the trees. Minutes Committee on Trees and Views 11-18-14 -2- Assistant City Attorney Coates provided comments in response to some of the points raised in the correspondence received from Mr. Weinberg concerning the cost allocation. With regard to the applicant not being aware that they may be required to pay some of the ongoing maintenance costs, she stated that the FAQ page on the City's web site specifically addresses the cost allocation and states that "in certain situations, when appropriately justified, this assignment of cost may be modified." She provided further clarification relative to the implementation section of the Ordinance stating that the section refers to subsequent maintenance as well as initial restorative action. She further stated that the City does have enforcement mechanisms available and with regard to recording the document on the Title, doing so simply advises future owners of the financial obligation but does not affect the future conveyance of property. She further discussed the grounds for modifying the allocation of costs and suggested adding an additional finding that deals not just with the number of trees but also with the fact that in order to preserve the restored view which is a benefit to the complainant, the scope of the maintenance is different and represents an increased burden on the Shermans. With regard to the issue raised regarding defining the view plane, she stated that a photograph taken after the restorative action is complete is the most detailed comprehensive way to document the view. Ms. Coates provided further comments in response to the issues raised in the e-mail from Ms. Lamberg. She stated that it is outside the Committee's authority to direct a party, other than those involved in this case, to do anything specific to this case. With respect to other matters raised by Ms. Lamberg, she stated that the contractor selected to do the work should complete the work in compliance with professional standards; and with regard to the question regarding maintenance cost, that correction was already made by Planning Director Schwartz earlier this evening. in response to Committee Member Gray, Ms. Coates stated that the City Attorney's office has reviewed the Resolution and feels it is legally defensible. She recommended adding the additional finding she mentioned earlier regarding the increased maintenance as additional support for the allocation of costs. Following brief discussion, the Committee concurred that the following sentence should be added to Section 7(G): As further grounds justifying modification in the allocation of the maintenance costs, the Committee finds that preservation of the views created by this Resolution requires a substantial change in the maintenance of trees on 33 Crest Road East. With regard to matter of the deposit, Ms. Lamberg suggested that a clause be added in the beginning of Section 8(B) to clarify that provided that 100% of the deposit has been received, the work shall be completed by the Shermans. Discussion ensued concerning adding the language suggested by Ms. Lamberg. In response to Committee Member Gray, Assistant City Attorney Coates commented that she is not opposed to adding the language as follows: Provided that the full cash deposit referenced in Section 8(A) is received, the work for the initial restorative action shall be completed. The Committee concurred with making that change. Committee Member Gray moved that the Committee on Trees and Views adopt the Resolution as amended above. Chairperson Smith seconded the motion. Committee Member Mirsch commented that the View Ordinance does not specifically provide for modification to the allocation of cost for subsequent maintenance of the trees and she finds it misleading to potential applicants that such language is only referenced in the FAQ's. She stated that she still does not feel that the complainant should have to pay any portion of the ongoing maintenance costs given that the Committee found that the view existed previously and the Resolutions restores a view to which the Committee found the applicant was entitled to under the Ordinance. She stated that she cannot make a finding to support allocating any of the ongoing maintenance costs to the applicant. Committee Member Mirsch further commented that she agrees with an individual's property rights to have trees but that a property owner also has a responsibility to maintain their property, which includes the trees. She suggested that the Ordinance be amended to more clearly define the cost allocation options. Following discussion concerning the cost allocation with Committee Member Gray and Chairperson Smith both expressing support for the cost allocation as provided for in the Resolution, the motion to adopt the Resolution as amended carried with Committee Member Mirsch opposed. Committee Member Mirsch stated for the record that she is only opposed to the part of the Resolution related to sharing of the maintenance costs. Minutes Committee on Trees and Views 11-18-14 -3- Z" Chairperson Smith adjourned the meeting at 6:16 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, December 16, 2014 beginning at 5:00 p.m. in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfitlly submitted, *&66 Heidi Luce City Clerk Approved, Ji1W. Smith Chairperson Minutes Committee on Trees and Views 11-18-14 -4-