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5CDRAFT MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS JANUARY 28, 2015 CALL MEETING TO ORDER Agenda Item No. 5-C Meeting Date: 02-17-15 A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 10:00 a.m. on Wednesday, January 28, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 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. Samantha Lamberg, Attorney. Howard Weinberg, Attorney. Craig Ekberg, 35 Crest Road East. Debi Fournier, 30 Crest Road East. Michael Sherman, 33 Crest Road East. Annie Occhipiniti, 34 Crest Road East. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMNu 1 t ht; ON TREES AND VIEWS, WEDNESDAY, NOVEMBER 5, 2014 (SHERMAN/OCCHIPINTI). The Committee noted a few typographical errors to be corrected. Following brief discussion, Committee Member Gray moved that the Committee on Trees and Views approve the minutes of the November 5, Minutes Committee on Trees and Views 01-28-15 DRAFT 2014 meeting of the Committee on Trees and Views as amended. Committee Member Mirsch seconded the motion which carried without objection. MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, NOVEMBER 18, 2014 (SHERMAN/FOURNIER). Committee Member Gray moved that the Committee on Trees and Views approve the minutes of the November 18, 2014 meeting of the Committee on Trees and Views. Committee Member Mirsch seconded the motion which carried without objection. PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 33 CREST ROAD EAST PROPERTY OWNER: MR. AND MRS. SHERMAN COMPLAINANTS: MR. AND MRS. OCCHIPINTI 34 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 Occhipinti property. She stated that the Resolution was prepared as directed at the last meeting and includes cost sharing of the maintenance costs of the common trees between three parties, the Shermans, Occhipintis and Fourniers at 30 Crest Road East who also filed a similar complaint against the trees located on the Sherman property. She further stated that since the Committee's last meeting, the Fournier's filed an appeal of the decision in their case requesting that the City Council reconsider the cost sharing of the maintenance costs and the requirement that the Resolution be recorded against the Fournier property. The City Council upheld the Fournier's appeal and adopted a Resolution which assigned all maintenance costs to the Shermans and removed the recordation requirement. She stated that based on the City Council's action, an alternate Resolution mirroring the City Council's action in the Fournier case has also been prepared for the Committee's consideration in the Occhipinti case. She stated that since the alternate Resolution was prepared, Mr. Weinberg, the attorney for the Occhipinti has suggested some non -substantive changes. She stated that staff has prepared a revised alternate Resolution and she distributed copies of the revised Resolution in redline format. She then reviewed the alternate Resolution stating that it is the same as was requested except that it eliminates the cost sharing for the maintenance costs and the recordation requirement. In response to Chairperson Smith, Assistant City Attorney Coates confirmed that she has no objections to the proposed changes. Ms. Coates noted one typographical error on both versions of the alternate Resolution in the third line of Section 10 to delete the word "and" so it would state "However, trees on the property not included in this Resolution shall be maintained at current configuration." Minutes Committee on Trees and Views 01-28-15 -2- DRAFT Chairperson Smith called for public comment. Samantha Lamberg, Attorney addressed the Committee on behalf of the Shermans to express concern regarding the change in Section 9 recommended by Mr. Weinberg. She stated that she does not feel it is appropriate that a "series of photographs" be taken. She further stated, with regard to ongoing maintenance obligation in Section 10 that she feels that there are certain trees, specifically the Monterey Pines (Tree #112-117 and Tree #121) and the King Palm (Tree #88) that were exempted from the ruling and from any cutting and she asked for clarifying language be added as follows in the second line of Section 10: "However, with the exception of Trees 88, 112-117 and 121, new growth shall be removed..." Howard Weinberg, Attorney addressed the Committee on behalf of the Occhipintis in response to Ms. Lamberg's comments. He stated that he does not feel it is possible for a single photograph to capture the restored view because there are three designated viewing areas. He further stated with regard to Section 10 that he feels the view should be protected from new growth. Craig Ekberg, 35 Crest Road East addressed the Committee requesting, as Ms. Lamberg suggested that the Pine Trees be exempted from any action. He further commented that he was disappointed by the City Council's action to assign the ongoing maintenance cost to the Shermans given that it was his understanding that the Committee provide more of a view than it would have because of the cost sharing. Samantha Lamberg further commented that including the King Palm in any action would require it to be topped which would kill the tree. She reiterated her request that this tree be exempted from any action. Debi Fournier, 30 Crest Road East addressed the Committee in support of the Occhipinti's request and suggested that the ongoing maintenance costs be allocated to the Shermans as was ordered by the City Council in her case. Michael Sherman, 33 Crest Road East addressed the Committee to request that the King Palm be exempted from any action given that it is the type of palm that its fronds fall all regularly and should it grow taller only a thin line would be in the view. Annie Occhipinti, 34 Crest Road East addressed the Committee stating that they would be willing to pay to remove and replace the King Palm should it grown into the view. In response to the comment regarding the Committee giving more of a view than it would have, Assistant City Attorney Coates clarified that the Committee's deliberation on the views for each case was based on a separate discussion from the discussion regarding cost allocation. In response to Chairperson Smith with regard to how the Committee should proceed, Ms. Coates stated that the City Council's action on the appeal only affects the one specific aspect of the Committee's proposed Resolution in this case and their decision was specific to that particular case. She further stated that the public hearing is still open and the Committee may reevaluate any aspect of its decision. Minutes Committee on Trees and Views 01-28-15 f)91VIWI Chairperson Smith asked the other Committee Members for their thoughts on whether or not the Committee should look at the trees again and reevaluate its determination. Committee Member Gray stated that he feels that the Committee should reevaluate the entire case and explained his reasoning for thinking so. He further suggested that this case be continued until after the Fournier's trees are trimmed to evaluate what view has been created in this case and then determine if any further action is necessary. Committee Member Mirsch stated that she does feel it is necessary for reevaluate the entire case but suggested that the Committee may wish to clarify how to handle King Palm. Discussion ensued concerning the options before the Committee. Chairperson Smith stated that she does not feel the Committee should delay its action nor does she feel the Committee needs to reevaluate the entire case but that the Committee may wish to discuss the King Palm. Further discussion ensued concerning whether or not to reevaluate the Committee's original determination with Committee Member Gray reiterating his feeling that the Committee should wait until the trees are trimmed in the Fournier case to determine if any further action is necessary to restore the view from the Occhipinti property. Chairperson Smith stated that she understands Committee Member Gray's position, but she feels the Committee should move forward with this case. She further commented that the Committee should revisit the Resolution to re -consider the King Palm. Committee Member Mirsch stated that she too feels that the Committee should re -consider the King Palm to evaluate its impact on the view should it continue to grow. She further reiterated that she does not feel that the Committee needs to reevaluate its original determination. Chairperson Smith suggested that the Committee move forward with adopting the alternate Resolution. Discussion ensued concerning the changes Mr. Weinberg suggested to the alternate Resolution. Regarding the change in Section 9 in reference to taking a "series of photographs," Chairperson Smith stated that she does not have a problem with more than one photograph, but she feels a "series" is open- ended and makes it more complicated. In response to Committee Member Mirsch, Assistant City Attorney Coates recommended the following language: "...and take photograph(s) from the designated viewing areas..." In response to Chairperson Smith, Ms. Coates stated that she does not have any objections to Mr. Weinberg's suggestions but she feels that the staff prepared Resolution is appropriate with the change she mentioned earlier in Section 10 to delete the word "and." In response to Committee Member Mirsch with regard to Mr. Weinberg's suggested change in Section 7G, Ms. Coates commented that the replacement Ianguage could provide helpful clarification and she recommended it be inserted. The Committee concurred. With regard to Section 8C, the Committee concurred to leave the "o" lower case. With regard to 8D, the Committee concurred to accept the change from "decision" to "resolution". In Section 8E, the Committee concurred to accept the change to capitalize "Initial, Restorative Action". In Section 8G, Ms. Coates suggested that the Committee accept the change to add the language "...existing on the date of this Resolution". The Committee concurred. Mr. Sherman further addressed the Committee regarding the King Palm and suggested that the Committee amend the Resolution to reflect the offer made by Ms. Occhipinti to remove and replace the tree, at the Occhipinti's expense, should the King Palm tree obstruct the view in the future. Mr. Weinberg agreed on behalf of the Occhipintis. Assistant City Attorney Coates clarified that although the King Palm isn't specifically referenced in the Resolution, there is a provision in Section 11 that allows the parties to agree to alter the Committee's decision upon mutual agreement and that seems the appropriate way to address the issue raised regarding the King Palm. Mr. Weinberg stated that the Occhipintis will agree to a side letter to do as Minutes Committee on Trees and Views 01-28-15 -4- Mr. Sherman suggested. Committee Member Mirsch moved that the Committee adopt Resolution No. 2015-02 CTV with the amendments agreed to above. Chairperson Smith seconded the motion which carried with Committee Member Gray opposed. ADJOURNMENT Chairperson Smith adjourned the meeting at 11:17 a.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, February 17, 2015 beginning at 5:00 p.m. in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider a new case before the Committee. Respectfully submitted, City Clerk Approved, Jill V. Smith Chairperson Minutes Committee on Trees and Views 01-28-15 -5-