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City Council Meeting 03-21-2016 Field TripCITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the day of l8`" of March, 2016, I serve the within City Council — Adjourned Regular Meeting Agenda 03/21/16 Field Trip to 15 & 18 Portuguese Bend Road (Resolution 2015-03-CTV Appeal) a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid; in - the United States mail at Rolling Hills, California addressed as follows: E -MAILED MAILED Interested Parties NONE and their Attorneys RH ListSery DROPBOX DELIVERED City Attorney City Council Members City Manager Also posted at City Hall and at www.Rolling-Hills.org/CityCouncilAgendas I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the 18'" day of March, 2016 at Rolling Hills, California. Heidi Luce City Clerk 0 7 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 21, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 6:00 p.m. at 18 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Others Present: PUBLIC HEARING Black, Dieringer, Mirsch, Wilson and Mayor Pieper. Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Wendy Starks, Associate Planner. Howard Weinberg, Attorney (Nuccion). Hal Light, Attorney (Hassoldt). William Hassoldt, applicant (15 Portuguese Bend Rd). Roger Hawkins, Resident. Brandon Gill, Arborist. Luke Midura, Arborist. CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: PROPERTY OWNER: COMPLAINANTS: 15 PORTUGUESE BEND ROAD MR. AND MRS. HASSOLDT DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD The City Council and the parties present assembled on the driveway at 18 Portuguese Bend Road. Mr. Weinberg distributed a larger aerial photo of the trec survey than was previously submitted. Planning Director Schwartz briefly reviewed the background of the appeals. All present walked onto the patio above the pool at 18 Portuguese Bend Road, Rolling Hills, California to view the trees and the view. Mayor Pieper stated that the purpose of the site visit is to: 1) See the view and the viewing area. 2) Determine if there is a view. 3) Determine if the viewing area is appropriate. 4) If the viewing area is determined to be appropriate, is it obstructed? It was confirmed that the aerial photographic evidence provided by Dr. and Mrs. Nuccion was from July 2010. Mr. Light advised that trees on 15 Portuguese Bend Road have been trimmed in January 2016. Planning Director Schwartz, Mr. Hassoldt, and Mayor Pieper identified each of the trees subject to this case, including the ones that are not part of the complaint (#7, Acacia, and #10 of the list provided by the Nuccions). It was stated that trees #8 and #13 on the new list arc Olive trees that were deemed mature by CTV and were not recommended for restorative action by the CTV. In response to an inquiry, Planning Director Schwartz advised that the purchase date for 18 Portuguese Bend Road is April 2009. The City Council agreed there is a view from the patio viewing area and that the viewing area is appropriate. Mayor Pro Tem Dieringer added that there are views of city lights and mountains per statute. Minutes — Adjourned Regular City Council Meeting 03-21-16 Wendy Star Associate PI ner A discussion ensued as to whether the trees block the views, if they are mature, and if they are mature, were they mature in 2009, and if the property owners had a view in 2009. Councilmember Black observed that it is clear the trees have grown since the photographic evidence and that the view is obstructed. Councilmember Mirsch confirmed that the 2 Olive trees are the only ones that were declared mature per the Committee on Trees and Views and that the l'inc tree that abuts both property lines is not a part of this complaint. Mayor Pro Tem Dieringer asked that since the regulations have changed, does the complaint need to go back to the CTV, and Councilmember Black advised a vote can be taken by the City Council on that matter during the regular meeting of the City Council on March 28, 2016. Councilmembers directed staff to obtain an opinion from the City Attorney whether the case can be decided by the City Council or does it have to go back to the CTV and whether the new regulations and interpretation of Measure B should be applied to this case or the old ones. The group proceeded to the pool area, where the Councilmembers stated that some of the pictures were taken from, and determined that the vantage point from this patio is different. The City Council and the parties present then proceeded to the property located at 15 Portuguese Bend Road to view the subject trees. Mr. Hassoldt and Mayor Pieper identified each of the trees in the complaint. Councilmembers observed that some of the trees were cut previously as the cut lines were visible, that tree #7, the Acacia has been cut, that trees #2 and #3, Palm Trees, have been trimmed recently. Mr. Light advised that in response to Mr. Jenkins, the City Attorney, who advised at a previous meeting that the owner could trim the trees to ensure the trees' health while this case is being considered, the owners trimmed and cleaned some of the trees. Mayor Pro Tem Dieringer inquired if the CTV determined the two trees were mature using the current definition. Mayor Pieper advised that they did not as the City Council established the definition recently. Mayor Pieper confirmed that all Councilmembers have seen the trees and know where each one is. There being no further questions or comments, the public hearing was continued to Monday, March 28, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. OPEN AGENDA - PUBLIC COMMENT None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 6:45 p.m., to an adjourned regular meeting of the City Council to be held on Monday, March 28, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 l'ortuguesc Bend Road, Rolling Hills, California. Respectfully submitted, Approved, Jeff Pieper Mayor Minutes — Adjourned Regular City Council Meeting 03-21-16 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 AGENDA - ADJOURNED CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, MARCH 21, 2016 FIELD TRIP MEETING TIME/LOCATION: 6:00 P.M. 18 PORTUGUESE BEND ROAD & 15 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING A. CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING. FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD 4. OPEN AGENDA - PUBLIC COMMENT 5. ADJOURNMENT Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. INCORPORATED JANUARY 24, 1957 TO: FROM: THRU: SUBJECT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 FAX (310) 377-7288 Agenda Item No. 3-A Mtg. Date: 03/21/16 FIELD TRIP HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTORTO RAYMOND R. CRUZ, CITY MANAGER I�' " TWO APPEALS DECISION: LOCATION OF TREES: PROPERTY OWNER: COMPLAINANTS: OF COMMITTEE ON TREES AND VIEWS 15 PORTUGUESE BEND ROAD MR.AND MRS. HASSOLDT DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD DATE PUBLISHED: November 12, 2015 NOTICE TO INTERESTED PARTIES: March 18, 2016 ATTACHMENTS: List of Trees & Aerial Plan submitted 03/16/16 Previous List of Trees & Aerial Plan Appeal Application Photographs RECOMMENDATION 1. The City Council, in response to the appeal, is requested to visit both properties; first, 18 Portuguese Bend Road and observe the trees marked on the tree survey, subject to the appeal, and the view from the area of the property defined by the complainants to be their viewing area; and second, 15 Portuguese Bend Road to observe the trees subject to the appeal. Further, it is recommended that the City Council receive public testimony and additional information, if any, and adjourn the meeting to the regular City Council meeting to be held on March 28, 2016 starting at 7:00 PM PREVIOUS MEETINGS, DOCUMENTATION AND REQUEST: 2. The City Council held a public hearing on November 23, 2015 in the matter of two appeals of a decision of the Committee and Trees and Views in the above case and 0 scheduled a field trip to subject properties on January 11, 2016. During the course of the past 2 months both parties requested continuation of the case. The field trip has been scheduled for March 21, 2016 to be followed by the regular City Council meeting on March 28, 2016. PLEASE REFER TO THE DOCUMENTS AND BACKGROUND INFORMATION PROVIDED TO YOU FOR THE NOVEMBER 23, 2015 MEETING. 3. At the November meeting, the City Council requested that an accurate tree survey of the view obstructing trees on 15 Portuguese Bend Road be prepared and submitted by the property owners of 18 Portuguese Bend Road and that the trees be labeled in the field. At the meeting the owners of 15 Portuguese Bend Road agreed to provide access to their property for the purpose of conducting the tree survey. The owners of 18 Portuguese Bend Rd. submitted tree aerial and a list of obstructing trees, which is enclosed. Since the methodology and depiction of the trees on the current survey differ from the survey of trees submitted by the Nuccions to the CTV in their initial application, enclosed is also the aerial photo and the list previously submitted. The new list contains a column that relates each NEW tree number to the old numbering system. Also enclosed with this report are pictures submitted by the initial complainants for the request for a hearing to the Committee on Trees and Views. 4. Before the City Council are two appeals of a decision of the Committee on Trees and Views ("Committee") adopted on October 7, 2015. The appeals were filed by the property owners of 15 Portuguese Bend Road on whose property the trees are located and by the complainants at 18 Portuguese Bend Road. Section 17.54.060(B -C) of the Municipal Code provides the City Council with the authority to uphold, overturn or otherwise modify the Committee's original action; or remand the application back to the Committee for further review and direction. 5. Appeals A. The appeal by Mr. and Mrs. Hassoldt (tree owners) has been filed on the basis: • The Nuccions have not established, by clear and convincing evidence or at all, the existence of a protected view over Number 15 (15 Portuguese Bend Road); • Each of the trees subject to the complaint are exempt because they were mature on April 22, 2009 (when the Nuccions acquired the property) • Other various bases for the appeal. i. The Hassoldts were not properly noticed of the view complaint case filed by the Nuccions ii. The View Ordinance fails to provide procedure to require service of view complaint iii. Upholding the CTV resolution would be in excess of the jurisdiction of the City iv. The remediation actions will provide an unobstructed view and not "view corridors" to the Nuccions v. No view existed when the Nuccions acquired the property and therefore the decision of the CTV is unlawful vi. The Nuccions have failed to establish by "clear and convincing evidence" that they had a view when they purchased the property and that the trees were not mature when they acquired the property. The details of the statement of Appeal are enclosed as Attachment C to the report provided to you for the 11-23-15 City Council meeting. B. The appeal by Dr. and Mrs. Nuccion (complainants) has been filed on the basis that: • The Committee erred in its decision that the two Olive trees subject to the complaint were mature when the Nuccions purchased the property, and are therefore not eligible for remediation; and • The Committee abused its discretion by rejecting one arborist report that concluded that the Olive trees were not mature and accepting another arborist report that concluded that the Olive trees were mature; and that the decision of the Committee to render those trees mature is not supported by substantial evidence. The details of the statement of Appeal are enclosed as an Attachment D to the report provided to you for the 11-23-15 City Council meeting. 6. Pursuant to Section 17.54.060 of the Zoning Ordinance, the appeal hearing shall be limited to the issues raised by the appellants identified above and conducted as a de novo hearing, meaning that a new hearing shall be held and new evidence may be considered; however, the scope of the City Council's review shall be limited to those issues identified in the two appeals. The City Council shall consider all information in the Committee's record, as well as additional information presented at the appeal hearings, before taking action. 7. The City Council, in response to the appeal, is requested to consider the record on this case, receive public testimony and additional information, if any, and provide direction to staff. Staff consulted with the California Fair Political Practices Commission (FPPC) regarding whether the location of Mayor Pieper's home within 500 feet of 15 Portuguese Bend Road creates a conflict requiring recusal. The FPPC determined that no conflict exists and Mayor Pieper may participate in the proceedings. BRIEF BACKGROUND (A detailed report was provided to the City Council for the 11/23/15 meeting) 8. On April 24, 2014, Dr. and Mrs. Nuccion, the owners of 18 Portuguese Bend Road ("Complainants"), filed a View Impairment Complaint ("Complaint") against trees located on property owned by Mr. and Mrs. Hassoldt at 15 Portuguese Bend Road. The Complaint was referred to a mediator and after that mediation failed to achieve an agreement, on December 22, 2014, with clarified request letter and other information, on February 4, 2015 the Complainants applied to the City for resolution of the complaint before the Committee on Trees and Views. 9. In the application, the complainants requested that their view be restored to the cut lines that existed when they purchased the property, which (they stated) are clearly visible on the trees. They stated that to the best of their ability they are providing pictures of their view and how it is obstructed (at time of application submittal). The complainants purchased the property in April 2009 and proof of purchase was submitted to the City. The applicants stated that the trees block the view of the City lights to the north of Rolling Hills. They stated that in the past they had a clear view from Santa Monica to Mt. Baldy and that their primary viewing areas are the rooms on the north side of the residence and the patio immediately adjacent thereto. 10. Between March 2015 and October 2015 the Committee held several public hearings including a field trip on April 21, 2015 to both properties. 11. Following the public hearings and the field visit, the Committee found that: a. a view as defined in the Municipal Code existed from 18 Portuguese Bend Road when the Complainants acquired the property, b. the view from the Complainants' property is significantly impaired because 11 trees located at 15 Portuguese Bend Road impair the view of the City lights from the Designated Viewing Areas, and c. restorative action is necessary to abate the view impairment by creating view corridors and views through trees. 12. At its April 21, 2015 meeting, the Committee directed staff to bring a Resolution addressing 11 trees at 15 Portuguese Bend Road. Those trees were to be laced, trimmed and lowered to the previous cuts. Mr. and Mrs. Hassoldt attorney submitted a letter challenging the resolution on the following points: 1) that the Committee should have been provided with additional evidence regarding the tree including an independent arborists' report and a civil engineer's report and 2) that the Committee did not consider or discuss the maturity of the trees. The Assistant City Attorney advised the Committee that they should make a finding regarding maturity. 0 At the meeting staff reiterated that the Ordinance as amended by Measure B, does not differentiate with regard to the type of restorative action when it exempts mature trees and does not provide guidance as to the determination of maturity when trees have been trimmed in the past. The Committee decided that an independent arborist should be consulted to determine the maturity of the trees. Staff was directed to procure an independent Arborist to conduct a study of the subject trees and return with findings. 13. After several postponements of the meetings and challenges by the parties, the City selected David De La Torre as the independent arborist. Both parties presented to the Committee Arborist Reports prepared by their selected arborist. The findings in those reports were conflicting; and both the applicants and the owners of the trees urged the Committee to consider their arborist's report. 14. At the September 22, 2015 Committee meeting, Mr. De La Torre presented his findings where he concluded that of the 11 trees at issue, only two (Tree #4A and #7, both Olive Trees) were not mature in 2009, and the remainder were mature and would therefore be ineligible for remediation under Measure B. However, he also found that many of the trees that he deemed mature show signs of "TOPPING" trim method prohibiting the tree's "NATURAL" height potential and he recommended trimming of those trees. 15. The City's arborist used an acceptable methodology in the field of arboriculture to determine whether a tree is mature or not. The applicants and free owners' arborists disputed City arborist's conclusion, but none showed how they came to their conclusion that the trees in question were either mature or not mature (mature - Hassoldts arborist; not mature-Nuccions arborists). In their report they relied on their experience, literature and knowledge of the field to make their case. One of the arborists provided a definition of maturity as when a tree reaches its highest potential height, but did not substantiate what that is in the case of the trees in question. [See Arborists reports in Attachment E-2, CTV Staff Reports dated 7/7/15, 7/21/15 and 9/22/15 of your Agenda Item 5B of the Appeal packet -(binder) dated 11/23/15]. 16. Notwithstanding Mr. De La Torre's findings, and considering the other reports, the Committee reviewed historical photographs in ROLLING HILLS The Early Years, by A.E. Hanson (1978), and determined that the photographs of the general area of the property at 15 Portuguese Bend Road shows that only two (tree #9 and #9A on the old list and #8 and #13 on the new list) of the obstructing trees, both Olive trees, existed at the time of the photograph and therefore were mature when the Complainants acquired their property in 2009, and are therefore ineligible for remediation under Measure B. The Committee found the remaining nine trees not to be mature and ordered restorative action as follows: TYPE OF TREE & TREE # LOCATION ACTION MAINTENANCE 1 Eucalyptus NO ACTION NO ACTION 2 Eucalyptus- along Roadway easement -front Lace, shape & crown reduce to no higher than the current height of Palm Trees Every two years 3 Washington Fan Palm - along N/E side of property Remove the dead fronds Every two years 3 -A Washington Fan Palm - along N/E side of property Remove the dead fronds Every two years 4 Eucalyptus & various volunteers- S/W corner of lot Lower the canopy and trim to old cuts for city view Every two years 4-A Olive & various volunteers- S/W corner of lot Lower the canopy and trim to old cuts for city view Every two years 5 tus- by garage Eucalyptus- g g Reduce crown to the height of top of pole Every two years 6 California Pepper- along front Shape & reduce canopy to old cuts Every two years 6-A California Pepper -along front Shape & reduce canopy to old cuts Every two years 7 Olive Tree- along front; S/E corner Shape, reduce crown and balance to 2009 view Every two years 8 Acacia NO ACTION NO ACTION 9 Olive Tree- lawn area NO ACTION NO ACTION 9-A Olive Tree- lawn area NO ACTION NO ACTION TOTAL 9 Trees Subject to Initial Restorative Action The initial action is to be completed at the cost of the owners of 18 Portuguese Bend Road, the initial complainants in this case; and the two-year maintenance is to be implemented by the owners of the trees. Hassoldt Property Tree Survey Mao Key ISA Certified Arborists: Brandon Gill (WE -6574A) / Luke Midura (MN -4572A) Legal Description: M.B. 201-29-35 Rolling Hills Lot No. 78 Tree # Species Common Name Old List #s 1 Eucalyptus camaldulensis Eucalyptus (Red Gum) 2 2 Washingtonie robusta Fan Palm 3 Washingtonia robusta Fan Palm 4 Schinus molls 3 3A California Pepper 6 'Olive i 7 'California Pepper I' 6A Acacia 8 5 Olea europaea 6 Schinus molle 7 Acacia spp. 8 Olea europaea 9 Olea europaea 10 11 12 'Olive I 9A Olive 4A Schinus molls 1California Pepper not on old list Eucalyptus nidis !Gum) i 4 Eucalyptus camaldulensis :Eucalyptus (Red Gum) 5 13 Olea europaea Olive 9 No # Eucalyptus camaldulensis Eucalyptus (Red Gum) 1 - removed RECt%.V MAR 14 VAS City of Houury ""` By 9 Tree 1 - Eucalyptus camddul... 9 Tree 2- Washinglonio robust. q Tree 3- washingtada robust. Tree 4- Schism male 9 Tree 6.Olea europ.e. q Tree 6 -Scrims male 9 Tree 7 -Acacia app. 9 Tree 6- Olee eumpses 9 Tree 9- Olea europ.0 Tree 10-Schinua molle • Tree 11 - Eucalyptus r dis 9 Tree 12 - Eucalyptus calmed.. 9 Tree 13 Oleo axop.es Agenda Item No: 3-A Field Trip Mtg. Date: 03/21/16 Revised Page #9 COMMITTEE ON TREES AND VIEWS ORDER FOR RESTORATIVE ACTION —OCTOBER 2015. TYPE OF TREE AND TREE # LOCATION ACTION MAINTENANCE 1 Eucalyptus NO ACTION NO ACTION 2 Eucalyptus- along Roadway easement -front Lace, shape & crown reduce to no higher than the current height of Palm Trees Every two years 3 Washington Fan Palm- along N/E side of property Remove the dead fronds Every two years 3 A Washington Fan Palm- along N/E side of property Remove the dead fronds Every two years 4 Eucalyptus & various volunteers- S/W corner of lot Lower the canopy and trim to old cuts for city view Every two years 4 A Olive & various volunteers- S/W corner of lot Lower the canon and trim to old cuts for city view Every two years 5 Eucalyptus- by garage Reduce crown to the height of top of pole Every two years 6 California Pepper- along front Shape & reduce canopy to old cuts Every two years 6-A California Pepper -along front Shape & reduce canopy to old cuts Every two years Olive Tree- along front; S/E corner7 Shape, reduce crown and balance to 2009 view Every two years 8 Acacia NO ACTION NO ACTION 9 Olive Tree- lawn area NO ACTION NO ACTION 9-A Olive Tree- lawn area NO ACTION NO ACTION TOTAL 9 Trees Subject to Initial Restorative Action e 4 is i , t 4 1 kt Bit Save home Save image X Close lett", vt PECEt VELA DEC 2 2 2201. 6/8 Save home Save image X Close C 7/8 mV� L_a ta:Lbp V.7 FEB 0 4 2015 City of Rolling HilI 3y 3/19 liV a t 'J d FEB 04 2O5 City of Rolling Hilts By r poll! 4/19 5) ,.f.•• �a y FEB 0 4 rtesa City of Roiling Hills By m ®5,„ FEB 0 4 203 City of Rolling Hills Easy 6/19 dl Matt.. 'aI4,0,: FEB P4 W3 City of Holing Hills • 7119 er Bye ity tat Rcs:r.g H.d 8/19 f CJ U £115 G.iJ 0@ 0 cs. M4r 3 ,) 21E City of Rolling Hi! • / pt FEB �v City of Roh:ng Sy 1 rf — o h.cAd I h CJMoitsi poc.lak. - 15 PORTUGUESE BEND ROAD -Trees TYPE OF TREE AND TREE # LOCATION ACTION MAINTENANCE 1 Eucalyptus NO ACTION NO ACTION 2 Eucalyptus- along Roadway easement -front ' Lace, shape & crown reduce to no higher than the current height of Palm Trees Every two years 3 Washington Fan Palm- along N/E side of property . Remove the dead fronds . Every two years 3-A Washington Fan Palm along N/E side of property Remove the dead fronds Every two years 4 Eucalyptus & various volunteers- S/W corner of lot Lower the canopy and trim to old cuts for city view Every two years 4-A Olive & various volunteers- S/W comer of lot Lower the canopy and trim to old cuts for city view Every two years 5 Eucalyptus- by garage Reduce crown to the height of top of pole Every two years 6 California Pepper- along front Shape & reduce canopy to old cuts Eve two years Every 6-A California Pepper -along front Shape & reduce canopy to old cuts Eve years Every two Olive Tree- along front; S/E comer7 Shape, reduce crown and balance to 2009 view Everytwo years 8 Acacia NO ACTION NO ACTION 9 Olive Tree- lawn area Lace, shape, reduce crown and balance to 2009 view Every two years 9-A Olive Tree- lawn area Lace, shape, reduce crown and balance to 2009 view Every two years TOTAL 11 Trees Subject to Initial Restorative Action The locations of the above listed trees are shown on the aerial photograph attached hereto