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City Council Agenda 10-24-2016MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, OCTOBER 24, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:02 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Heidi Luce, City Clerk. Diana Nuccion, 18 Portuguese Bend Road. Howard Weinberg, Attorney (18 Portuguese Bend Road). Hal Light, Attorney (15 Portuguese Bend Road). William and Judith Hassoldt, 15 Portuguese Bend Road. Ruben Green, Consulting Arborist. Dr. Mark Minkes, 44 Chuckwagon Road. Marge Schm it, 17 Buggy Whip Drive. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Payment of Bills. RECOMMENDATION: Approve as presented. B. Financial Statement for the Month of August and September, 2016. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for September, 2016. RECOMMENDATION: Receive and file. D. SECOND READING AND ADOPTION OF ORDINANCE NO. 347 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN -NUMBERED YEAR BEGINNING IN NOVEMBER 2020. RECOMMENDATION: Waive full reading and adopt ordinance. E. Consideration of Resolutions pertaining to the City of Rolling Hills General Municipal Election scheduled for Tuesday, March 7, 2017: (1) RESOLUTION NO. 1192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (2) RESOLUTION NO. 1193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR 0 CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 (3) RESOLUTION NO. 1194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. RECOMMENDATION: Adopt as presented. Councilmember Pieper moved that the City Council approve the items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. Mayor Dieringer stated that if there is no objection, Item 10A under Matters from Staff will be taken out of order. Hearing no objection, she so ordered. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2016. Finance Director Shea presented the quarterly investment report for the quarter ending September 30, 2016. Councilmember Wilson moved that the City Council receive and file the quarterly investment report for the quarter ending September 30, 2016. Councilmember Pieper seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS RE -OPEN A PUBLIC HEARING TO CONSIDER TWO APPEALS OF THE COMMITTEE ON TREES AND VIEWS' RESOLUTION NO. 2015-03-CTV RELATING TO THE VIEW IMPAIRMENT COMPLAINT FILED BY THE PROPERTY OWNERS OF 18 PORTUGUESE BEND ROAD REGARDING TREES LOCATED AT 15 PORTUGUESE BEND ROAD FOR THE LIMITED PURPOSE OF RECEIVING ADDITIONAL EVIDENCE ON THE ISSUE OF THE VIEW THAT EXISTED WHEN THE COMPLAINANTS ACQUIRED THE PROPERTY. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the background on this matter and stated that this is a re -opened public hearing on a view impairment case that was decided by the Committee on Trees and Views and then appealed to the City Council by both parties in the case. She stated that the original view impairment complaint was filed by the property owners at 18 Portuguese Bend Road (Nuccion) regarding trees located at 15 Portuguese Bend Road (Hassoldt) and the Committee on Trees and View issues a decision in which out of the 11 trees at issue, nine were to be trimmed every two years to restore and maintain the view from the property at 18 Portuguese Bend Road. She further stated that both parties appealed that decision to the City Council and the City Council held several public hearings; visited the site and in April directed staff to prepare a resolution confirming the Committee on Trees and Views decision to restore the view. She stated that staff, in preparing the resolution, reviewed the evidence and recommended an intermediary step to allow the applicant to submit additional information to clarify whether or not there was a view in April of 2009 when the Nuccions acquired the property. She stated that both parties have submitted pictures, declarations and evidence with regard to this matter; and additional information was received today and has been placed on the dais for the City Council's consideration. Ms. Schwartz stated that the City Council's task for this meeting is to review the evidence and determine if adequate, persuasive evidence has been submitted to establish by clear and convincing standards that the view existed in 2009 when the Nuccions purchased the property. She stated that the City Council may, upon review of the evidence, direct staff to prepare a resolution upholding the Committee on Trees and Views decision; amend the decision as the City Council find appropriate; determine that sufficient evidence does not exist to establish that the view existed in 2009; or request additional information. She stated that the City Council may also determine the scope of the view to be restored in order to prescribe the appropriate remediation; or uphold the Committee's decision in that regard. Minutes City Council Meeting 10-24-16 In response to Councilmember Wilson, City Attorney Jenkins stated that remanding the matter back to the Committee on Trees and Views for further review is an option if the City Council believes that further review by the Committee would aid the City Council in making its final decision. City Attomey Jenkins reviewed additional background on this matter stating that in June, at Mr. Light's request, the City Council asked Mr. Weinberg to produce the photographic evidence including the metadata associated with the photographs and provided a deadline by which that evidence was to be submitted. He noted that although the photographs were not submitted within the allotted time, there was likely no prejudice in that regard and the hearing was just pushed back until the evidence was received and both parties had time to review the evidence. City Attorney Jenkins further stated in response to Mr. Light's c -mail that was received today and placed on the dais asserting that Mr. Green's declaration was not given appropriate consideration, that he further reviewed the declaration and the comment in the staff report may have been too summary; and that Mr. Green's declaration could be used indirectly, to discuss the issue of what the view may have been in 2009. He further emphasized that the City Council's task tonight is to review the evidentiary material submitted, take additional public testimony and then weigh the evidence in order to describe with specificity the evidence which is persuasive and why. In response to Councilmember Pieper with regard to the metadata provided, City Clerk Luce stated that the metadata information is provided in the table submitted by Mr. Weinberg and the information was verified against the actual photographs by staff. It was noted by Mayor Dieringer that one additional photograph dated July 14, 2010 has been submitted. In response to Mayor Dieringer with regard to that specific nighttime photograph, City Attomey Jenkins stated that the declaration from Diana Nuccion states when and from where the photo was taken. Also in response to Mayor Dieringer regarding two other photographs submitted with a handwritten date, Ms. Schwartz stated that those photographs were submitted with the original application. Brief discussion ensued concerning the viewing area, the photographs submitted and whether or not any tree trimming occurred prior to 2011. Mayor Dieringer called for public comment. Diana Nuccion, 18 Portuguese Bend Road addressed the City Council to clarify that the photographYdatcd July 14, 2010 was originally submitted to the City in February 2015. With regard to previous 'tree trimming, Mrs. Nuccion stated that they did one tree trimming in 2011 and the trees were subsequently maintained every six months. She stated that the declarations from Mr. James (Robby) Roberts and Mrs. Schmit and the MLS listing all confirm that there was a view in 2009. - Howard Weinberg, Attomey (Nuccion) addressed the City Council stating that although not from 2009, the evidence submitted confirms that a view did exist from the property in 2009. He stated that the photographs along with the declarations and MLS listing submitted provide further evidence that there was a view. He further commented that Ms. Kostiuk's analysis further supports that there was a view based on the tree heights calculated as compared to the laser measurements. With regard to Mr. Green's declaration submitted by the Hassoldts, he commented that he does not believe it diminishes the other evidence submitted. Hal Light, Attorney (Hassoldt) addressed the City Council stating that the evidence submitted by Ruben Green is the most probative evidence submitted and he believes it should be given the appropriate weight. He stated that the photographs submitted by the Nuccions are all from February 2011 or later and he does not believe the evidence provided confirms that a view existed in 2009 when the Nuccions acquired the property. He compared the evidence submitted by Ms. Kostiuk with the evidence submitted by Mr. Green and asserted that Mr. Green's evidence contradicts Ms. Kostiuk's evidence proving that the view could not have existed in 2009. He further asserted that the evidence suggests that the trees were trimmed between 2008 and 2009 to create the view. Mr. Light further expressed concern regarding the way the evidence was submitted and stated that he believes that is was not submitted in a straightforward manner. Ruben Green, Consulting Arborist addressed the City Council to further explain the declaration he submitted and reviewed the aerial images that he used to make his assertion that the view could not have existed in 2009. In response to Mayor Dieringer regarding the number of trees shown in the clump of trees shown on the 2008 image, Mr. Green stated that he did not visit the property, but he would estimate it to be 5-6 trees. In response to Councilmember Pieper, he stated that he can't confirm which trees are on the property at 13 Portuguese Bend Road or 15 Portuguese Bend Road. In response to Mayor Pro Tem Black with regard to correlation between the aerial images and the MLS images submitted by the Nuccions, Mr. Green stated that the vantage points in the MLS photographs are skewed and cannot be compared. Discussion ensued concerning the variance in the perspective of the aerial photographs and the comparison between the different years depicted in the aerial images. Minutes City Council Meeting 10-24-16 Mark Minkes, 44 Chuckwagon Road addressed the City Council stating that views are as important in the community as horses and horse trails. Marge Schmit, 17 Buggy Whip Drive addressed the City Council stating that there was a view from the property at 18 Portuguese Bend Road as evidenced during the 4"' of July parties thrown by the Nuccions where city lights and fireworks could be seen. Mr. Weinberg further stated that the Nuccions are requesting that the view be restored to the view that existed when the trees were at the top of the pole as depicted in the images provided. He stated that the declaration should be given the appropriate weight and the City Council should determine based on the evidence provided that the Nuccions have proved with reasonable certainty that a view existed. Mr. Light further stated that he does not believe that the evidence submitted proves that a view existed in 2009 when thc Nuccions purchased the property and further repeated his assertion that the view was created by a tree trimming done prior to 2011. Hearing no further public comment. Mayor Dieringer closed thc public hearing. Mayor Dieringer stated that before the City Council is to determine what specific view existed as of the date of acquisition. In response to Councilmember Pieper's inquiry regarding the maturity of the two olive tress and Mayor Dicringer with regard to what the City Council is considering, City Attorney Jenkins stated that the matter before the City Council is to determine if a view existed at the time of acquisition; unless, a Councilmember makes a motion to broaden the discussion to reconsider the maturity issue. Discussion ensued concerning what view existed when the property was acquired and the photographic evidence that was submitted to support the Nuccions claim that there was a view when they acquired the property in 2009. Mayor Pro Tem Black commented that he finds the declarations submitted by the neighbors affirming that that there was a view along with the photographic evidence submitted form 2010 as persuasive, clear and convincing evidence that a view existed when the property was acquired by the Nuccions. He stated that he would move that the City Council reaffirm the previous direction and direct staff to prepare a resolution upholding the decision of the Committee on Trees and Views. Mayor Dicringer commented that she does not find the photographic evidence persuasive because there is no reference point as to where the photograph was taken form and there has been no testimony to confirm where the photograph was taken from. She further stated that she does not believe the evidence submitted proves that the view existed. City Attorney Jenkins commented that it would be appropriate before a motion is made and before the matter is debated to take comments from thc other members of the City Council. Councilmember Wilson commented that he agrees with Mayor Pro Tem Black and he also finds the declarations compelling, especially the one from Mr. Roberts. He also commented that he finds the photographs submitted persuasive and the aerial images in his opinion do not outweigh the photographic images. Recognizing that a member of the public wanted to address the City Council, Councilmember Mirsch moved that the City Council reopen the public hearing with a limit of three minutes per speaker. Mayor Pro Tern Black seconded the motion which carried without objection. Judith Hassoldt, 15 Portuguese Bend Road addressed the City Council regarding the declaration from Mr. Roberts to question the validity of the declaration based on the fact that Cathy Roberts handled the escrow and the matters related to the property not Mr. Roberts. Diana Nuccion addressed the City Council stating that Mr. Roberts lived at the property with Dr. Roberts for the last few years prior to his death and Cathy Roberts lived in Utah. Howard Weinberg commented that all of the declarations stated that the view that existed in 2009 was better than the view depicted in the photographs submitted as evidence from 2011. William Hassoldt, 15 Portuguese Bend Road addressed the City Council to point out a discrepancy in the declaration submitted by Mr. Cardenas as compared to the other declarations. Minutes City Council Meeting 10-24-16 Hal Light commented that the City Council should consider Exhibit C to Mr. Green's report because it shows that it is not possible to for the view to have been better in 2009. He further questioned the date that Mr. Roberts declaration was submitted, asserting that it was submitted before the parties were informed that additional evidence would be allowed; and stated that he attempted to communicate with Mr. Roberts but he would not respond. In response to Mr. Light's assertion, City Attorney Jenkins stated that his office prepared the June staff report and the first time either of the attorney's saw the staff report was when he sent the staff report to both attorneys concurrently. He further noted that Mr. Weinberg attempted to submit additional evidence at the June meeting, but that evidence was not accepted because the public hearing was closed; and it was at that meeting that the City Council decided to reopen the public hearing which is where we are tonight. Hearing no further public comment. Mayor Dieringer closed the public hearing. Councilmember Mirsch commented that she does not find the photographs to be clear and convincing evidence that the view existed when the Nuccions acquired the property, but she does find the other testimony and the declarations persuasive. She stated that she personally knows two of the individuals that submitted declarations and has respect for their integrity. She further commented that she finds Mr. Roberts declaration compelling as well. She stated that she believes, based on the declarations, that the Nuccions have submitted clear and convincing evidence that a view existed when thc property was acquired. Councilmember Pieper commented that he agrees with Councilmember Mirsch and he too gives great weight to the declarations as evidence that the view existed when the Nuccions acquired the property. Mayor Dieringer commented that the statute requires that the City Council determine what specific view the Nuccions had when they acquired the property and she does not believe that clear and convincing evidence has been submitted to make that determination. Mayor Pro Tem Black moved that the City Council find that there has been clear and convincing evidence submitted that a view existed at thc time the current property owner at 18 Portuguese Bend Road acquired the property and direct staff to prepare a resolution upholding the Committee on Trees and Views decision relating to the view impairment complaint filed by the property owners of 18 Portuguese Bend Road regarding trees located at 15 Portuguese Bend Road. Councilmember Wilson seconded the motion, which carried with Mayor Dieringer opposed. OLD BUSINESS None. NEW BUSINESS Nonc. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) Councilmember Pieper reported that the ad hoc committee is still working diligently to come up with a compromise to amend the View Preservation Ordinance. He reviewed the timetable that the committee has established stating that the committee plans to meet two more times to discuss amendments to the view preservation ordinance. Discussion ensued concerning placing a moratorium on filing applications under the City's view preservation ordinance while the City is considering options to amend the view preservation ordinance or if Measure B is repealed. Following discussion, Councilmember Pieper moved that the City Council direct the City Attorney to prepare a ballot measure to repeal Measure B to be placed on the March 7, 2017 ballot if the election is not cancelled. Councilmember Mirsch seconded the motion, which carried without objection. Minutes City Council Meeting 10-24-16 1 Following discussion concerning the options for removing the ballot measure form the ballot if it is placed on the ballot, the City Council scheduled an adjourned regular meeting of the City Council to be held on Wednesday, December 14, 2016 for the purpose of removing the potential ballot measure should there not be sufficient candidates to necessitate holding an election on March 7, 2017. The Committee was asked to report again at the November 14, 2016 City Council meeting. DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS' COYOTE CONTROL PROGRAM. (ORAL REPORT) Recognizing that number of coyote sightings and incidents in the City appears to be increasing, Councilmember Pieper suggested that the City Council consider other options beside the County to supplement the City's coyote control program. City Manager Cruz presented three options that he is aware of for addressing the coyote issue: contracting with a private firm for coyote control; coordinating with the Mayor of the City of Torrance to pursue a regional approach; and working with other cities on the Peninsula in their educational campaign. Following brief discussion, the City Council directed the City Manager to pursue those options. MATTERS FROM STAFF Taken out of order — sec above after Consent Calendar. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. AD.IOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:58 p.m. to a joint meeting between the City Council and Planning Commission scheduled to be held on Tuesday, November 1, 2016 beginning at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. The next regular meeting of the City Council is scheduled to be held on Monday, November 14, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Bea Dieringer Mayor Minutes City Council Meeting 10-24-16 CITY 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 21" day of October, 2016, I serve the within City Council Meeting - 10/24/2016 a copy of which is annexed hereto and made a part hereof, and the person, or persons, named below were emailed or mailed the agenda: E -MAILED MAILED Interested RH Web site listSery Parties Interested parties DropBox City Attorney CouncilMembers Dieringer, Pieper, Black, Mirsch and Wilson DELIVERED City Manager City Council Also posted at City Hall, at www.Rolling-Hills.org and PDF's in DropBox. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 21' day of October, 2016 at Rolling Hills, California. Ewa Nikodem Administrative Assistant 10/24/16 CC meeting Hassold Nuccion Case: email agenda and staff report to the below: First Last e-mail mail Agenda only William Hassoldt hassoldt@earthlink.net 10 Pine Tree Lane Hal Light hallight@hjllaw.com attorney Stephen Nuccion snuccion@yahoo.com 18 Portuguse Bend Road Howard Weinberg howard@weinberglaw.la attorney Please email agenda only to the folowing: Roger Hawkins rehawkinslaw@gmail.com work email: reh@tsyslaw.con Sean Cardenas seancard@yahoo.com AGENDA REGULAR MEETING MONDAY, OCTOBER 24, 2016 7:00 P.M. 84 al Rea, gal INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS Next Resolution No. 1192 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordnance No. 347 This is the appropriate time for members of the public to make comments regarding the items un the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Payment of Bills. RECOMMENDATION: Approve as presented. B. Financial Statement for the Month of August and September, 2016. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for September, 2016. RECOMMENDATION: Receive and file. D. SECOND READING AND ADOPTION OF ORDINANCE NO. 347 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN -NUMBERED YEAR BEGINNING IN NOVEMBER 2020. RECOMMENDATION: Waive full reading and adopt ordinance. E. Consideration of Resolutions pertaining to the City of Rolling Hills General Municipal Election scheduled for Tuesday, March 7, 2017: (1) RESOLUTION NO. 1192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE Page I of I PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (2) RESOLUTION NO. 1193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 (3) RESOLUTION NO. 1194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. RECOMMENDATION: Adopt as presented. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS A. RE -OPEN A PUBLIC HEARING TO CONSIDER TWO APPEALS OF THE COMMITTEE ON TREES AND VIEWS' RESOLUTION NO. 2015-03-CTV RELATING TO THE VIEW IMPAIRMENT COMPLAINT FILED BY THE PROPERTY OWNERS OF 18 PORTUGUESE BEND ROAD REGARDING TREES LOCATED AT 15 PORTUGUESE BEND ROAD FOR THE LIMITED PURPOSE OF RECEIVING ADDITIONAL EVIDENCE ON THE ISSUE OF THE VIEW THAT EXISTED WHEN THE COMPLAINANTS ACQUIRED THE PROPERTY. 7. OLD BUSINESS NONE. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) B. DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS' COYOTE CONTROL PROGRAM. (ORAL REPORT) City Council Agenda 10/24/16 Page 2 of 2 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2016. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, November 14, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 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 nccd special assistance to participate in this meeting due to your disability, please contact the 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. City Council Agenda 10/24/16 Page 3 of 3 CHECK CHECK NO. DATE 24525 10242016 24526 10242016 24527 10242016 24528 10/24/2016 24529 10242016 24530 10/24/2016 24531 10/24/2016 24532 10/24/2016 24533 10/24/2016 24534 10242016 24535 10/24/2016 24536 10/24/2016 24537 10242016 24538 10242016 24539 10/24/2016 24540 10/24/2016 24541 10242016 24542 10242016 24543 10/24/2016 24544 10242016 • PR LINK 10/14/2016 * PR LINK 10/142016 city 0/k? , h4// Agenda Item No: 4-A Mtg. Date: 10/24/16 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 3771521 FAX: (310) 377-7288 10/24/2016 - CHECK RUN PAYEE BEA DIERINGER BOLTON ENGINEERING CORPORATION COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES DAILY BREEZE HASLER 1&S STRIPING INC. VOID USCM VOID KONICA MINOLTA BUSINESS LA COUNTY SHERIFF'S DEPARTMENT MARTIN & CHAPMAN CO. MCGOWAN CONSULTING OPUS BANK PACIFIC COAST LANDSCAPE REMOTE SATELLITE SYS INTL THE GAS COMPANY VANTAGEPOINT TRANSFER AGENTS, JENKINS & HOGIN, LLP PR LINK - PAYROLL PROCESSING PR LINK - PAYROLL 21 & PR TAXES DESCRIPTION CA JPIA HOTEL REIMBURSEMENT MAPPING SERVICES AUG COYOTE CONTROL SEPT ANIMAL CONTROL SEPT ADVERTISING -PUBLIC NOTICE OCT2016 POSTAGE EXISTING PAVEMENT MARKINGS INV CHECK PRINTING ERROR OCT DEFERRED COMP PROGRAM CHECK PRINTING ERROR MONTHLY COPIER SVC CONTRACT LOMITA STATION CONTRACT ELECTION WORKSHOP AND HANDBOOK STORM WATER MGMT CONSULTING SEPT CREDIT CARD CHARGES OCT LANDSCAPE MTC MONTHLY SVC FEES SEPT GAS UTILITY BILL OCT DEFERRED COMP PROGRAM SEPT CITY ATTORNEY SERVICES Processing Fee Pay Period - Sept. 28, 2016 Through Oct. 11, 2016 I, Raymond R. Cruz, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of S67,547.01 for the payment of above item • Previously Disbursed AMOUNT 257.64 2,500.00 3,748.95 1,034.33 385.20 2,958.69 1,383.00 1,380.00 86.25 25,735.10 200.00 2,367.80 1,328.43 565.00 97.90 17.52 182.00 5,767.20 54.95 17,497.05 67,547.01 49.995.01 Printed on Recycled Paper ASSETS Cash & Cash Equivalents Cash & Cash Equivalents - Capital Project Fund Poppy Trail Grading Bond Accounts Receivable Prepaid Expense & Deposits LIABILITIES FUND BALANCE Unassigned Fund Balance 4,402,527 TOTAL UNASSIGNED FUND BALANCE 4,402,527 TOTAL UNASSIGNED FUND BALANCE & LIABILITIES $ 4,438,017 CITY OF ROLLING HILLS BALANCE SHEET August 31, 2016 GENERAL& DEPOSIT COPS& COMMUN. CAPITAL FUND FUND CLEEP FACILITIES $ 4,380,737 34,833 22.447 TOTAL ASSETS $ 4,438,017 Accounts & Contract Payable Employee Benefits Payable Deposits Deferred Revenues TOTAL LIABILITIES 2,675 18,803 14,012 35,490 COMPOSITION OF CASH Petty Cash $ 1,500 OPUS Bank - Checking Account OPUS Bank - Money Market Opus Bank Interest Checking Calif. State Local Agency Investment Fund Malaga Bank - Preferred Bank - CD's 28,812 51,954 1,004,157 4,793,969 495,000 $ 6,375,392 $ 1,771 $ 84,713 $ 305,000 $ 306,771 306,771 306,771 MUNICIPAL SELF- REFUSE TRAFFIC TRANSIT UTILITY INSUR. COLLECT. SAFETY PROP A,C,M FUND & TDA 18,282 $ 260,374 $ 240,606 .$ (465) $ 152,867 $ 1,236,507 S 84,713 S 222,332 144,576 18 282 $ 482,706 S 385,182 $ (465) $ 152,867 $1,236,507 - 84,713 $ - $ 126,918 $ 126,918 $ - $ 18,282 482,706 258,264 (465) 152,867 1,236,507 84 713 18,282 482,706 258,264 (465) 152,867 1,236,507 $ 306,771 $ 84,713 $ 18,282 $ 482,706 $ 385,182 $ (465) $ 152,867 51,236,507 Prepar /( Terry Finance Director Appr•. ., By: Raymond R. Cruz, City Man Date YTD TOTAL BEGINNING OF YEAR TOTAL $ 6,375,392 $ 6,891,267 305,000 305,000 401,741 407,570 22,447 37,436 5 7,104,580 $ 7,641,273 $ 129,593 $ 470,261 2,408 325,574 325,574 14,012 14,012 469,179 812,255 $ 6,635,401 6,829,018 6,635,401 6,829,018 S 7,104,580 $ 7,641,273 CITY OF ROLLING HILLS SUMMARY STATEMENT OF REVENUES AND EXPENDITURES Actual Compared to Annual Budget July 1, 2016 to August 31, 2016 GENERAL, Fund Revenues Expenditures Net Revenue before transfers Tmnsfers in (out) Net Revenue CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue CAPITAL IMPROVEMENT FUND Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue COMMUNITY FACILITIES Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue MUNICIPAL SELF-INSURANCE Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue REFUSE COLLECTION Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRAFFIC SAFETY Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRANSIT - PROPOSITION A, C & M Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue UTILITY FUND Revenues Experiditures Net Revenue before transfers Transfers in (out) Net Revenue TOTAL ALL FUNDS Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue This Year Last Year This Year Better (Worse) Annual Budget & Adj. Remaining Budget S 38,211 S 70,773 S (32,562) 1,931,600 S 1,893,389 240,677 121,809 (118,868) 1.842,793 1,602,116 (202,466) (51,036) (151,430) 88,807 291,273 4,000 4,000 - (344,050) (348,050) (198,466) (47,036) (151,430) (255,243) (56,777) - - - 115,125 115.125 9,683 7,158 (2,525) 164,000 154.317 (9,683) (7,158) (2,525) (48,875) (39,192) - - 0 (9,683) (7,158) (2,525) (48,875) (39,192) 100 100 - - 62.700 62,700 - - - (62,600) (62,600) - - - 62,600 62,600.00 0 - 218 218 6000 6,000.00 (218) 218 (6,000) (6,000.00) - (218) 218 (6,000) (6,000.00) 132,668 128,392 4,276 771,900 639,232 126,918 125,997 (921) 761,508 634,590 5,750 2,395 3,355 10,392 4,642 (4,000) (4,000) - (24,000) (20,000) 1,750 (1,605) 3,355 (13,608) (15,358) - - - 50 50 465 1,182 717 55,500 55,035 (465) (1,182) 717 (55,450) (54,985) - - - 55,450 55,450 (465) (1,182) 717 . - - 465 13,248 13,190 58 85,786 72,538 - - - - 190.000 190,000.00 13,248 - 13,190 58 (104.214) (117,462) 13,248 - 13,190 58 (104,214) (117,462) ♦ - - - 150.000 150,000.00 - - - (150.000) (150,000.00) - - - 250.000 250,000.00 - - - 100,000 100,000.00 184.127 212,355 (28,228) 2,904,561 2.720,434 377.743 254,364 (121,379) 3,232,501 2.854,758 (193,616) (44,009) (149,607) (327.940) (134,324) S (193,616) S (44,009) S (149,607) 5 (327.940) S (134,324) RH inc 16-17 10/16/2016 8:03 AM a RH bal_fyl6-17 CITY OF ROLLING HILLS BALANCE SHEET September 30, 2016 10/16/2016 9:24 AM MUNICIPAL GENERAL & DEPOSIT COPS & COMMUN. SELF- REFUSE TRAFFIC TRANSIT UTILITY CAPITAL FUND FUND CLEEP FACILITIES INSUR. COLLECT. SAFETY PROP A, C. M FUND & TDA ASSETS Cash & Cash Equivalents $ 4,287,735 $ 1,771 $ 76,421 $ 18,282 $ 260,374 $ 238,806 $ (547) $ 160,623 $ 1,236,507 Cash & Cash Equivalents - Capital Project Fund - - - - - Poppy Trail Grading Bond - 305,000 Accounts Receivable 6,117 - 222,332 209,281 Prepaid Expense & Deposits 20,213 - - TOTAL ASSETS $ 4,314,065 $306,771 $ 76,421 $ 18,282 $ 482,706 $ 448,087 $ (547) $ 160,623 $ 1,236,507 LIABILITIES Accounts & Contract Payable $ - $ $ $ - $ - $ 190,377 $ - $ $ Employee Benefits Payable 3,226 - - Deposits 18,803 306,771 - Deferred Revenues 14,012 - - - TOTAL LIABILITIES 36,041 306,771 190,377 FUND BALANCE Unassigned Fund Balance 4,278,024 76,421 18,282 482,706 257,710 (547) 160,623 1,236,507 TOTAL UNASSIGNED FUND BALANCE 4,278,024 76,421 18,282 482,706 257,710 (547) 160,623 1,236,507 ruTAI. UNASSIGNED FUND BALANCE & LIABILrFIE: $ 4,314,065 $306,771 $ 76,421 $ 18,282 $ 482,706 $ 448,087 $ (547) $ 160,623 $ 1,236,507 COMPOSITION OF CASH Petty Cash $ 1,500 OPUS Bank - Checking Account 14,182 OPUS Bank - Money Market 220,627 Opus Bank Interest Checking 1,004,694 Calif. State Local Agency Investment Fund 4,543,969 Malaga Bank - Preferred Bank - CD's 495,000 $ 6,279,972 Prepare, Terry She' finance Director Appr d By: Raymond R. Cruz, City$ar(ager Date /o -v(-/4 Date 11)1 BEGINNING YTD OF YEAR TOTAL TOTAL $ 6,279,972 $ 6,891,267 305,000 305,000 437,730 407,570 20,213 37,436 $ 7,042,915 $ 7,641,273 $ 190,377 $ 470,261 3,226 2,408 325,574 325,574 14,012 14,012 533,189 812,255 6,509,726 6,829,018 6,509,726 6,829,018 $ 7,042,915 $ 7,641,273 CITY OF ROLLING HILLS SUMMARY STATEMENT OF REVENUES AND EXPENDITURES Actual Compared to Annual Budget July 1, 2016 to September 30, 2016 GENERAL Fund Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue CAPITAL IMPROVEMENT FUND Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue COMMUNITY FACILITIES Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue MUNICIPAL SELF-INSURANCE Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue REFUSE COLLECTION Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRAFFIC SAFETY Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRANSIT - PROPOSITION A, C, M & TDA Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue UTILITl' FUND Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TOTAL ALL FUNDS Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue This Year Last Year This \'eor Better (Worse) Annual Budget & Adj. Remaining Budget $ 52,918 $ 117,302 $ . (64,384) , 1,931,600 $ 1,878,682 383,364 236,419 (146,9451 1,842,793 1,459,429 (330,446) (119,117) ,(211,329) 88,807 419,253 6,000 6,000 - - (344,050) (350,050) (324,446) (113,117) (211,329)_ ' (255,243)_ 69,203 - - - 115,125 115,125 17,975 • 16,728 (1,247) 164,000 146,025 (17,975) (16,728) (1,247) (48,875) (30,900) 0 (17,975) - (16,728) (1,247) (48,875) (30,900) • - - - 100 100 - - - 62,700 62,700 - - - (62,600) (62,600) - - - 62,600 62,600.00 - - _ 0 217 217 6,000 6,000.00 - (217) (217) (6,000) (6,000.00) - (217) (217) (6,000) (6,000.00) 197,573 192,700 4,873 771,900 574,327 190,377 188,995 (1,382) 761,508 571,131 7,196 3,705 6,255 10,392 3,196 (6,000) (6,000) - (24,000) (18,000) 1,196 (2,295) 6,255 (13,608) (14,804) - - - 50 50 547 2,539 1,992 55,500 54,953 (547) (2,539) (1,992) (55,450) (54,903) - - - 55,450 55,450 (547) (2,539) (1,992) - 547 21,003 21,028 (25) 85,786 64,783 - - - 190,000 190,000.00 21,003 21,028 (25) (104,214) (125,217) 21,003 21,028 (25) (104,214) (125,217) • - 150,000 150,000.00 - - - (150,000) (150,000.00) - - - 250,000 250,000.00 - - - 100,000 100,000.00 271,494 331,030 (59,536) 2,904,561 2,633,067 592,263 444,898 (147,3652 3,232,501 2,640,238 (320,769) (113,868) 87,829 (327,940) (7,171) $ (320,769) $ (113,868) $ 87,829 $ (327,940) $ (7,171) RH in 16-17 10/16/2016 9:31 AM CITY OF ROLLING HILLS RESIDENTIAL ALLIED WASTE RECYCLE NOW REPORT Report Date: 2016 MONTH 2016 January February March RECYCLED (tons) 74.63 82.00 83.40 86.74 April May June July August September 120.19 100.07 GREEN WASTE (tons) 83.74 66.79 106.96 100.87 102.06 96.02 85.65 105.38 118.68 October November December Year to Date Totals: 856.75 Average Monthly Totals: 2016 95.19 103.09 104.95 100.16 864.63 96.07 C&D C&D Disposal Diversion Recycled Disposed Tonnage 4.33 1.85 151.42 51.49% 3.20 1.37 155.47 49.22% 11.44 4.10 134.50 59.28% 4.97 1.37 118.77 61.58% 35.79 12.62 163.93 59.38% 52.70 19.13 134.20 61.87% 113.19 41.37 124.30 64.57% 57.46 18.35 150.33 61.35% 16.05 5.35 141.45 61.54% - - - 0.00% - - - 0.00% - - - 0.00% 299.12 33.24 105.52 1,274.36 315.97 308.83 340.40 312.72 434.59 402.12 467.60 436.47 381.68 0.00 0.00 0.00 59.42% 11.72 141.60 0.59 MONTHLY TOTALS (tons) 3,400.38 377.82 RECEIVED OCT 1 7 2016 City of Rolling Hills By TO: FROM: THRU: SUBJECT: ace", stir¢ INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4-D Mtg. Date: 10/24/16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HEIDI LUCE, CITY CLERKCX\U RAYMOND R. CRUZ, CITY MANAGER SECOND READING AND ADOPTION OF ORDINANCE NO. 347 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN -NUMBERED YEAR BEGINNING IN NOVEMBER 2020. DATE: OCTOBER 24, 2016 ATTACHMENTS: Ordinance No. 347 RECOMMENDATION It is recommended that the City Council waive full reading and adopt Ordinance No. 347. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY Ali 1 ER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN -NUMBERED YEAR BEGINNING IN NOVEMBER 2020. The Ordinance was considered and introduced at the October 10, 2016 meeting of the City Council. BACKGROUND: The City of Rolling Hills currently conducts its general municipal election on the first Tuesday after the first Monday in March of each odd -numbered year. As the City Council was briefed previously, Senate Bill 415 (SB415), which was signed into law by the Governor on September 1, 2015, requires cities to adopt a plan to change its election date by January 1, 2018 if certain criteria are not met, as an effort to address low voter turnout in municipal elections. The new law prohibits the City from conducting an election on a date other than a statewide election date, if doing so in the past has resulted in a turnout that is 25% or more below the average turnout in that jurisdiction, in the last four statewide general elections. In an analysis of voter turnout, it was determined that the City falls below this threshold and is therefore required to switch to statewide general election dates, based on the criteria established in SB 415. The chart below outlines the Rolling Hills voter turnout percentages for the last four (4) statewide general elections and the voter turnout percentage of the City's last general municipal election. STATEWIDE ELECTION DATE - ROLLING HILLS Election Date Registered Ballots Cast Percentage Average City Turnout (%) over 4 State Elections Minimum City Turnout to Avoid State Cycle (25% less than average from previous column) Nov. 4, 2008 1,413 1,262 89.31 % 74.41% 55.81% Nov. 2, 2010 1,448 1,059 73.14% Nov. 6, 2012 1,491 1,202 80.62% Nov. 4, 2014 1,494 815 54.55% LAST STANDALONE ELECTION DATA - ROLLING HILLS March 3, 2015 1508 658 43.64% (below required threshold) DISCUSSION: SB 415 requires that by January 1, 2018, cities must adopt a plan to consolidate future elections with a statewide election not later than the November 8, 2022 statewide general election. Because it is not anticipated that the County will have the process and systems in place to handle these consolidated elections until 2020, it is the staff's recommendation that the City proceed with its next two general municipal elections as planned and consolidate beginning in November 2020. The City's next two general municipal elections are scheduled for March 7, 2017, where two (2) Councilmembers will be elected; and March 5, 2019 where three (3) Coucilmembers will be elected. These two elections would be the City's last stand-alone elections, before consolidating with the County of Los Angeles beginning in November 2020. In order to accommodate this change, the City would reduce the terms of Councilmembers elected in the 2017 and 2019 elections by four (4) months; meaning they would serve a term of 3 years and 8 months instead of the hill 4 years. Councilmembers elected to office in March 2017 and March 2019 would have terms ending November 2020 and November 2022 respectively, as shown in the following chart: Elected Date (by standard odd -year municipal election) End of Term New End of Term Councilmember 1 March 2017 March 2021 November 2020 Councilmember 2 March 2017 March 2021 November 2020 Councilmember 3 March 2019 March 2023 November 2022 Councilmember 4 March 2019 March 2023 November 2022 Councilmember 5 March 2019 March 2023 November 2022 FISCAL IMPACT The City typically budgets $30,000-$35,000 for its general municipal election. For the last three elections, the City of Los Angeles has consolidated its election for the Los Angeles Community College District board member seats with the City's election and Rolling Hills was reimbursed by the City of Los Angeles for approximately 40-50% of election the cost. After reimbursement, the average cost of the City's elections falls within the range of $17,000 - $21,000 every two years. A preliminary cost estimate received from the Los Angeles County Registrar -Recorder's Office for a consolidated election for two (2) City Council seats and two (2) ballot measures was $12,550. Before each election, the City will receive a cost estimate from the County Registrar -Recorder's Office and will budget accordingly. CONCLUSION It is recommended that the City Council waive hill reading and adopt Ordinance No. 347. HL Election Date Owngejtaffreport.docx THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 347 AN ORDINANCE OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF ODD -NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVEN -NUMBERED YEARS BEGINNING IN NOVEMBER 2020. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A. The City's General Municipal Elections are currently held on the 15' Tuesday after the 15' Monday in March of each odd -numbered year. B. Senate Bill 215 was signed by the Governor in September 2015 and commencing January 1, 2018, prohibits a political subdivision, as defined, from holding an election other than on a statewide election date, if holding an election on a non -concurrent date has previously resulted in voter turnout for a regularly scheduled election in that political subdivision, being at least 25% less than the average voter turnout within the political subdivision for the previous 4 statewide general elections. C. The City of Rolling Hills did not meet the qualifying criteria to continue to conduct stand-alone elections and must move its elections to the date of the statewide general election. SECTION 2. The City wishes to change its election date and consolidate its elections with the state-wide general election conducted by the County of Los Angeles on the Tuesday after the first Monday in November of even -numbered years, beginning November 2020. SECTION 3. Pursuant to §1301 of the Elections Code of the State of California, the City will continue to hold their elections on the first Tuesday after the first Monday in March of each odd - numbered year until such time as the County approves the consolidation of future general municipal elections. SECTION 4. If the County approves the City's request, pursuant to Section 10403(b) o the Elections Code, no elected city office term affected by a subsequent adjustment to City election dates by ordinance shall be increased or decreased by more than (12) months. SECTION 5. Pursuant to Elections Code Section 1301, the City requests the County of Los Angeles approve consolidation of the City's general municipal election with the statewide municipal election. SECTION 6. Pursuant to Elections Code Sections 1301 and 10403.5, this ordinance shall not become operative until approved by the Los Angeles, County Board of Supervisors. SECTION 7. Pursuant to Elections Code Section 10403.5(e), within 30 days after the ordinance becomes operative, the City's election official shall cause a notice to be mailed to City of Rolling Hills registered voters. SECTION 8. The City Clerk shall forward a copy of the ordinance to the Los Angeles County Registrar -Recorder and Los Angeles County Board of Supervisors requesting approval by Board Resolution. SECTION 9. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this ATTEST: HEIDI LUCE, CITY CLERK Ordinance No. 347 2 day of 2016. BEA DIERINGER, MAYOR STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 347 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF ODD-NUMBERD YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVEN -NUMBERED YEARS BEGINNING IN NOVEMBER 2020. was approved and adopted at a regular meeting of the City Council on October , 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 347 3 1e�,ail Ra fTlta INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 FAX (310) 377-7288 Agenda Item No. 6-A Mtg. Date: 10/24/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY NATALIE C. KARPELES, ASSISTANT CITY ATTORNEY SUBJECT: RE -OPEN A PUBLIC HEARING FOR THE LIMITED PURPOSE OF RECEIVING ADDITIONAL EVIDENCE AND CONSIDERING FURTHER THE SOLE ISSUE WHETHER A VIEW EXISTED AT THE TIME THE OWNERS OF 18 PORTUGUESE BEND ROAD ACQUIRED THE PROPERTY IN THE CASE 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. DATE: October 24, 2016 ATTACHMENTS: A) Complaint and Request for Mediation Application submitted by the Nuccions, April 24, 2014 (pages 11-34) B) Declaration of Mr. Martin Jimenez, October 15, 2015 (pages 35-36) C) Email Exchanges between the Nuccions and the Hassoldts (pages 37-48) D) Nuccions' Request for Public Hearing, December 22, 2014 (pages 49-72) E) Nuccions' Request for Public Hearing, February 4, 2015 (pages 73-94) F) Photograph received by the City on April 25, 2016 (pages 95-96) G) Arborist Report of Mr. Sane Shota, June 16, 2015 (pages 97-126) H) Arborist Report of Mr. William McKinley, June 17, 2015 (pages 127-136) I) Arborist Report of Mr. David De la Torre, September 2, 2015 (pages 137-179) J) Correspondence submitted by Mr. Howard Weinberg on June 13, 2016 including Declarations of James Roberts and Sean Cardenas; and Report on Satellite Images and Tree Heights (pages 180-220) K) Summary of Nuccion digital photos submitted by Mr. Howard Weinberg on July 20, 2016 (pages 221-258) L) Summary of Nuccion digital photos submitted by Mr. Howard Weinberg on September 12, 2016 (pages 259-280) M) Correspondence submitted by Mr. Howard Weinberg on October 14, 2016, including Declarations of Steven Nuccion; Diana Nuccion; Margaret Schmit; Suzanne Sussman; Keither Kelley; Karina Santana; Yasmine Ryan; Sean Cardenas; and James C. Roberts III (pages 281-404) N) Correspondence submitted by Harold Light on October 14, 2016, including Declarations of Ruben M. Green and Harold J. Light (pages 405-497) ISSUE: At the conclusion of the public hearing and after considerable deliberation on the Nucciori s view application, on April 25, 2016, the City Council directed staff to return with a resolution declaring that the view from 18 Portuguese Bend Road is significantly impaired due to the trees located on 15 Portuguese Bend Road, and setting forth restorative action to abate the impairment. Following the April 25, 2016 meeting, staff reviewed the entire record of this case in order to identify all of the evidence proffered by the Nuccions in support of the existence of a view at the time they acquired the property. What makes this case unusual and complicates the factual findings is that the Nuccions had the opportunity to and in fact did arrange for the trimming of the trees on 15 Portuguese Bend Road prior to the date that the Hassoldts purchased the property. Thus, it was especially important to identify evidence of the existence of a view that clearly and convincingly predated any trimming by the Nuccions of trees on 15 Portuguese Bend Road in order to prepare the resolution requested by the Council. The City Attorney and staff determined that it would be beneficial to introduce an intermediate step in the process in order to assure that the findings placed into the resolution are consistent with the Council's direction and with the requirements of the applicable provisions of the Municipal Code. The City Attorney made this suggestion to the Council at its June 13, 2016 meeting. Meanwhile, Mr. Howard Weinberg (attorney for the Nuccions), had submitted additional new evidence in anticipation of the June 13 meeting, which the City Attorney advised could not be considered because the public hearing had been closed on April 25th. Consequently, the Council decided to re -open the public hearing on a future date for the sole purpose of receiving additional evidence and considering the issue of whether a view existed at the time the Nuccions' acquired the property at 18 Portuguese Bend Road. The Council established a deadline for the production of the additional evidence so that both sides would have the opportunity to review it prior to the re -opened hearing. In addition, the Nuccions through their legal counsel committed to produce to the Hassoldts the metadata for the photographs on which they rely by a date certain. The Nuccions did not produce the metadata timely, but eventually did so on September 12, 2016. Both parties otherwise timely produced additional evidence on October 14, 2016. To briefly reiterate, the Nuccions request that their panoramic view from Santa Monica to Mt. Baldy be restored to the cut lines that existed when they purchased the property in 2009. The applicants stated that the trees on 15 Portuguese Bend Road block the view of the City lights to the north of Rolling Hills. In support of their assertions, the Nuccions have provided the City with testimony and various photographs. In opposition to the Nuccions' complaint, the Hassoldts have provided opposing testamentary evidence. Presently at issue is whether the Nuccions have demonstrated by clear and convincing evidence that a view existed at the time they purchased their property in 2009. This staff report will examine the universe of admissible evidence presented with regard to this issue. SUMMARY OF THE EVIDENCE PRESENTED ON THE EXISTENCE OF A VIEW: Mr. and Mrs. Steve Nuccion purchased the property located at 18 Portuguese Bend Road in April of 2009. The Nuccions have stated that one of the reasons they purchased their home at Number 18 was because it had a view, The Nuccions purchased the home through a foreclosure sale and they devoted their finances into restoring the home.2 The Nuccions obtained a certificate of occupancy and moved into the home in July of 2009? In early 2011, the Nuccions began trimming the trees located on 15 Portuguese Bend Road4 in an effort to assist Dr. James Roberts (then owner of Number Testimony of Mr. Steve Nuccion, November 23, 2015 City Council Meeting: "We purchased our home in April of 2009. One of the reasons we purchased our home in April of 2009 was because there was a view. That view was something that we felt was materially beneficial to the value of the house and to our enjoyment of the house." Declaration of Mr. Steve Nuccion (October 14, 2016),117 Declaration of Ms. Diana Nuccion (October 14, 2016), ¶ 7 2 Testimony of Mr. Steve Nuccion, November 23, 2015 City Council Meeting: "When we bought the home, it was an incomplete home — it had been foreclosed, there was no certificate of occupancy — I had — every dollar that we had we pumped into finishing the house, getting a certificate of occupancy. There is no way that 1 had money to pay for neighbor's trees, or things like that..." Declaration of Mr. Nuccion, ¶ 9 Declaration of Ms. Nuccion, ¶ 9 3 Testimony of Mr. Steve Nuccion, November 23, 2015 City Council Meeting: "We moved into the home and obtained a certificate of occupancy in July of 2009." 4 Attachment A - Request for Mediation Application submitted by Mrs. Nuccion, March 24, 2014: "[I]t is all new growth from the past 3 years."(i.e. 201 1) Testimony of Mr. Steve Nuccion, November 23, 2015 City Council Meeting: City Council: "Approximately when was it after you moved in in July of 2009 that you did make any kind of cuts?" Mr. Steve Nuccion: "You know, I don't have a direct recollection of the day. It was some time afterwards, but I do not recall when." CC: "Would it have still been in 2009, or are we talking about 2010, or 2011, or later than that?" SN: "I'm sorry, I don't have a direct recollection of what the day is. Any number 1 give you would be a guess." CC: "You don't remember the year either?" 15) in maintaining his property and to preserve their views.5 Indeed, the Nuccions had trimmed the trees at Number 15 for years6, until the sale of Number 15 from the Estate of Dr. James Roberts to Mr. and Mrs. William Hassoldt in 2012.7 Up until that time, the Nuccions claim that they had a panoramic view° from the Santa Monica Mountains to SN: "Offhand 1 don't, so — when we purchased the home, we had a view, so I doubt that it would have been in 2009 or 2010 because the view would have been up. It may have been later in 2010, it may have been in 2011, but as 1 said, 1 don't have a direct recollection of the day so any particular day 1 give you would not be specific." Attachment B - Declaration of Mr. Martin Jimenez, October 15, 2015: "In early 2011, 1 did tree trimming work at 15 PBR at the request of Diana Nuccion..." Declaration of Mr. Nuccion, ¶ 13:11-16: "In early 2011, a tree fell in the rear yard of the Hassoldt Property... At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 2011." Declaration of Ms. Nuccion, ¶14:25-2: 'In early 2011, a tree fell in the rear yard of the Hassoldt Property... At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 201 1." Declaration of Mr. James C. Roberts III (June 9, 2016), ¶ 13: "1 recall that the Nuccions had an arborist trim trees on the Hassoldt Property in the middle of 2011..." 5 Attachment C - Email from Mrs. Nuccion to Mrs. Hassoldt, March 14, 2014: "We worked with [Dr. Roberts] and his family to help maintain our views and preserve his property." Testimony of Mr. Steve Nuccion, March 17, 2015 Committee on Trees and Views Meeting: "When we bought our house there was a view. We did help [Dr. Roberts] maintain it over the years we were there, which was approximately two or three." Declaration of Mr. Nuccion, ¶ 13:1 1-16: "In early 2011, a tree fell in the rear yard of the Hassoldt Property... At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 2011." Declaration of Ms. Nuccion, ¶14:25-2: 'In early 2011, a tree fell in the rear yard of the Hassoldt Property... At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 2011." 6 Request for Mediation Application submitted by Mrs. Nuccion, March 24, 2014: "We had trimmed the trees @ #15 for years." 7 Attachment D - Letter from Mr. and Mrs. Nuccion to the CTV, dated December 15, 2014: "We acquired our property in March of 2009. At that time, and up until the sale of 15 Portuguese Bend Rd. from the estate of Dr. James Roberts to William and Judith Hassoldt, we had a panoramic view from the Santa Monica Mountains to Mount Baldy. It is now occluded by overgrown trees that have had negligible maintenance since the transfer of owners." s Declaration of Ms. Margaret Schmit (October 11, 2016), ¶ 9:26-2: "The view included the cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property." Declaration of Ms. Suzanne Sussman (October 11, 2016), ¶ 10: "I recall the view from the pool area of the Nuccion Home being 180 degrees with a city view. 1 don't recall a restricted view due to trees." Declaration of Mr. Keith Kelley (October 14, 2016), ¶ 12: "The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards downtown Los Angeles, Mount Ba1dy9, including a view of the city lights10, which have become obstructed since the Hassoldts purchased Number 15.11 Despite the Nuccions' repeated assertions that they wished to maintain their view and repeated offers by the Nuccions to pay for the continued trimming of the trees on Number 1512, the Hassoldts continued to maintain that no view existed from Number continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on 15 PB Property." Declaration of Ms. Karina Santana (October 10, 2016), 1113: "The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property." Declaration of Ms. Yasmine Ryan (October 3, 2016),111 1: "The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property." Declaration of Mr. Sean Cardenas (June 10, 2016),118:23-24: "The view from the Nuccion pool area was a broad (perhaps panoramic) view that was not obstructed by any trees on the Hassoldt Property." Declaration of Mr. Roberts, ¶ 9:22-25: "From [the pool] on the Nuccion property, I could clearly see over the tops of the trees on the Hassoldt Property to the City View beyond them, with an unobstructed panoramic view from approximately the telephone pole on the westerly side to the far easterly side of the Hassoldt Property." 9 id. 1 ° Testimony of Mrs. Nuccion, March 17, 2015 Committee on Trees and Views Meeting: "We bought the house in 2009. We had a great view. You could see a band of mountains. It wasn't pure city, you could see the lights through it, usually at night, but it was mostly mountains and the downtown area." Declaration of Mr. Nuccion, ¶ 20; see also Exhibit B attached thereto. Declaration of Ms. Nuccion, ¶ 20; see also Exhibit B attached thereto n Id. Declaration of Mr. Nuccion, ¶ 23:2-3: "Since the date the Hassoldts acquired the Hassoldt Property, they have refused to reduce the height or spread of the trees on their property." Declaration of Ms. Nuccion, ¶ 23:15-16: "Since the date the Hassoldts acquired the Hassoldt Property, they have refused to reduce the height or spread of the trees on their property." Declaration of Mr. Kelley, ¶ 14;21-23: "The trees on the 15 PB Property that now block the view from the Nuccion Home were substantially shorter in 2008 and did not at that time block the view from the pool area of the Nuccion Home." 12 Email from Mrs. Nuccion to Mr. Hassoldt, December 2, 2013: "I know we have asked about trimming your trees. 1 hope you can understand how frustrating it has been watching our view slip away every month. This past summer was the first time we could not see the Wilson Park fireworks on July 4'h and now our Mt. Baldy view is completely obstructed. We had offered previously to pay your trimmers to do the work..." Email from Mrs. Nuccion to Mr. and Mrs. Hassoldt, January 2, 2014: "I am writing again about the trees in our view. I am including a picture taken June 2011 which clearly shows that we had a panoramic view from pool level. (The palm trees were easily th tallest of your trees) Our view is now 90% 1813, and, through their actions, indicated that they would not facilitate the trimming of their trees14. In support of their position, the Nuccions initially provided the City with seven (7) undated photographs purporting to establish the existence of a view from Number 18.75 Later on in the process, these photos were supplemented and four bore handwritten dates claiming that the photographs were taken in either 2010 or 2011.16 Pursuant to a recent request for the production of metadata, the earliest photograph submitted for the Council's consideration was taken on July 14, 2010.17 Lastly, the Nuccions have provided a 2008 MIS listing for the property purporting to show the view from 18 Portuguese Bend Road.18 obstructed from the house level. We have offered to pay for your trees to be cut by a tree trimmer of your choice, but you have not responded." 13 However, see Declaration of Mr. Roberts, ¶ 5:15-16 "For at least the years 2005 through 2011, I was personally involved in the care and maintenance of the trees located on the Hassoldt Property..." See also, ¶ 6:19-21: "1 cannot precisely remember the dates, but 1 am certain that during 2007 and 2008, most of the tall trees on the Hassoldt Property were trimmed significantly, resulting in both crown reduction of those trees and thinning of those trees." 14 Email from Mrs. Hassoldt to Mrs. Nuccion, March 14, 2014: "I will compare the information 1 received when 1 met with American Arbor to your information. I spent a lot of time with him and expressed my priorities. 1 am sure your perspective is somewhat different than ours. It was very specific about crown reduction limits. The limits spelled out in my bid. 1 do not see these limits on your information. Also the fact that we do not want to create a health issues for our trees in this drought is important. We do not have the ability to water most of these trees. Both companies I contacted stipulated water at trimming time was essential..." Email from Mrs. Hassoldt to Mrs. Nuccion, April 12, 2014: "The reality is we must agree to both propertys sharing the value of these lovely established trees. Destroying them is an unreasonable demand for one property owner. We still don't clear cut. And we don't do anything in a draught." Testimony of Mr. Hassoldt, CTV Meeting May 14, 2015: "The Nuccions say they purchased the property in 2009. They continually talk about 'the 2009 cuts,' the '2009 cuts,' they want to everything reduced to 'the 2009 cuts.' Well, I'm contending that there was no view when they moved in. And that they went to Dr. Roberts and they had an agreement with him and they cut the trees down to 'the 2009 cuts' and that's what they took the pictures of. They don't have any pictures of or any proof of anything before they moved in — they can't say — there's no prior resident. It was a vacant house. There was no interest in Dr. Marshall spending more money; he went bankrupt. So there is no interest in any body trimming those trees before the Nuccions moved in." Testimony of Mr. Hassoldt, CTV Meeting July 7, 2015: "1 am disputing whether there was a view when the property was acquired in 2009. If they had a view in 2009, why did they cut the trees? ...They cut the trees to create the view and the pictures they show are after they cut the trees... I haven't seen any pictures from before..." 15 Attachment A 16 Attachment E 17 Declaration of Mr. Nuccion, ¶ 20; also, see Exhibit B attached thereto Declaration of Ms. Nuccion, ¶ 20; also, see Exhibit B attached thereto 18 Declaration of Mr. Nuccion,11 8; also, see Exhibit A attached thereto Declaration of Ms. Nuccion, ¶ 8; also, see Exhibit A attached thereto While formal rules of evidence are generally inapplicable to administrative hearings, a few items of evidence have been provided for the Council's consideration which merit additional discussion. Specifically, the Council is now being asked to consider two unsigned declarations; an unauthenticated MLS listing photograph; testimony from various experts regarding the maturity of the trees on the Hassoldt property; photographs unrelated to the view impairment issue; and statements provided by the attorneys representing the Nuccions and the Hassoldts in this mat -ter. First, the declarations of Yeong Yae Kim and Lianne Koeberle should be disregarded because they are not signed. Until such time as they are signed, these documents lack both authenticity and testamentary value, and are therefore improperly submitted as evidence. Second, the Nuccions submitted evidence of an MLS listing of the property which purports to depict a photo taken from the rear of the property. Arguably this photo was taken prior to the date the Nuccions acquired the property, however it is unclear exactly when this photo was taken, from which vantage point, and by whom19. Third, the information provided by Ms. Anastasia Kostiuk related to the height of the trees and her opinions as to their maturity is currently not at issue and is therefore irrelevant for the purposes of the Council's determination. Likewise, the declaration of Mr. Ruben M. Green, the sole purpose of which is to discredit the information provided by Ms. Kostiuk, is also irrelevant. Equally irrelevant are the "[t]wo photos showing broken tree limbs (2/1/16 and 9/29/16)."20 These photographs neither prove nor disprove the height of the trees when the Nuccions purchased their property in 2009. Lastly, the declarations, information, statements, conclusions, opinions and/or impressions made by the attorneys representing the homeowners in this matter are not evidence. In other words, Mr. Light and Mr. Weinberg are not witnesses; while their statements may assist the Council in interpreting the evidence, they are not evidence and should not be afforded any evidentiary weight. DISCUSSION: As noted above, the complaining party must establish: (1) by clear and convincing evidence that a view existed at the time the current property owner actually acquired the property; and (2) that the trees in question were "maturing," as that term is defined by industry standards predominantly accepted by arborists at the time they acquired the property.21 The burden of proof to show that any view is impaired shall be upon the party claiming such impairment, and the standard shall be by clear and convincing evidence22 The Rolling Hills Municipal Code establishes a priority ranking of evidence, 19 While the Declaration of Mr. Kelley confirms the accuracy of the MLS listing, no additional information is provided regarding the photograph itself. See Declaration of Mr. Kelley, ¶¶ 8-9. 20 See Exhibit D to the October 14, 2016 declaration of Stephen Nuccion; see Exhibit D to the October 14, 2016 declaration of Diana Nuccion 21 Rolling Hills Municipal Code § 17.26.090 22 Id. with photographs ranked first, expert testimony ranked second and "other evidence" ranked last 23 The standard "clear and convincing evidence" is not defined in the Rolling Hills Municipal Code, but is generally defined in the law to mean highly probable or reasonably certain; evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the facts for which it is offered as proof.24 This is a greater burden than preponderance of the evidence (a.k.a. "more likely than not"), the standard applied in most civil trials, but less than the criminal standard of beyond a reasonable doubt. Therefore, for view restoration to be ordered, the decision - maker must be reasonably certain that the complainant had a view at the time he or she acquired the property and that the vegetation now obscuring the view was not "mature" at that time. 1. Do the Photographs Submitted by the Nuccions Establish by Clear and Convincing Evidence that a View existed at the time they Actually Acquired the Property? The Nuccions actually acquired the property in April of 2009. The seven (7) photographs submitted by the Nuccions in April of 2014 were undated.25 In January of 2015, these same photographs were resubmitted and hand -dated "December 25, 2011; March 2011; July 2010; and July 2011."26 The hand-written dates reflect the Nucciori s "best guess" as to when the photographs were taken. On June 13, 2016, the Nuccions submitted one photograph depicting a nighttime view from the rear of the property; according to the metadata, this photo was taken on July 14, 2010. Most of the photographs do depict a view from 18 Portuguese Bend Road. The evidentiary value of the photographs, however, is compromised by the uncertainty as to when they were taken. In particular, the evidence does not clearly establish whether the photographs were taken before or after the Nuccions first trimmed the trees at 15 Portuguese Bend Road. If the photographs were taken after they first trimmed the trees, then the view shown in the photographs does not necessarily depict the view that existed when the Nuccions acquired their property in 2009. The best photographic evidence provided by the Nuccions is the nighttime photograph taken in July 2010 - after the Nuccions had acquired the property and before any trimming had been conducted by them. 2. Does the Expert Testimony Establish by Clear and Convincing Evidence that a View existed at the time the Nuccions Actually Acquired the Property? 23 Rolling Hills Municipal Code § 17.26.090(3) 24 See In re Angelia P. (1981) 28 Cal.3d 908, 919 25 Attachment A 26 Attachment E As indicated in Section II above, no expert testimony was offered regarding the status of the Nuccion's view in 2009. While expert arborists were employed by the Nuccions, the Hassoldts and the City to determine the maturity of the trees on Number 15, these persons did not make a determination as to what the Nuccions' view was or would have been in April of 2009. The closest these persons come to any sort of a view determination is to state that visible prior cut lines existed on some of the trees at Number 15.27 During his testimony, Mr. Nuccion indicated that the trees were not trimmed in 2009, but rather at some point in either 2010 or 201138 Therefore the observed prior cut lines would, at best, indicate the height of the trees in either 2010 or 2011 - not when the Nuccions "actually acquired the property." 3. Does the Other Evidence Establish by Clear and Convincing Evidence that a View existed at the time the Nuccions Actually Acquired the Property? In addition to photographic and/or expert evidence, the view ordinance allows a complainant to demonstrate the existence of a view by "other evidence." "Other evidence" may include testamentary evidence from the parties and others as well as any other type of documentation of a view. In this case, the Nuccions have provided numerous declarations from persons who visited the Nuccion property either at or about the time it was purchased, or prior to the trimming of the trees in 2011. Additionally, the Nuccions assert that they purchased the property because of the view they had of the city lights, the Santa Monica Mountains and Mount Baldy.29 They stated in emails to the Hassoldts and they testified to the Committee on Trees and Views that they enjoyed a panoramic view when they purchased the property - their statements are quoted verbatim in footnotes 1, 4, 7 and 9 above. In opposition, Mr. Hassoldt has disputed that there was a view in 2009 from Number 18, asserting that if a view existed at that time, there would be no need to trim the trees in 20093° The Hassoldts further contend that the Nuccions took the enclosed photographs after the trees had been trimmed.31 While ranked lowest in evidentiary weight in the ordinance, non -expert testamentary evidence may nonetheless be sufficient on its own to prove or disprove the required elements of the City's View Impairment Ordinance by clear and convincing evidence. 27 Attachment G - Arborist Report of Mr. Dane Sltota, June 16, 2015: "Most of the trees inventoried had been pruned thereby the present height of the trees have been manipulated." Attachment H - Arborist Report of Mr. William McKinley, June 17, 2015: "The growth that 1 was able to observe since the last time the trees were trimmed extended as much as 15 to 20 feet beyond the previous pruning cuts." Exhibit 1 -Arborist Report of Mr. David De la Torre, September 2, 2015: "Trees #2, #3, #3A, #4, #5, #6, #6A, #9, #9A show signs of `TOPPING' trim method prohibiting the trees `NATURAL' height potential. Topping of the tree branches causes a `WATERSPROUT' growth condition." 28 Set forth in footnotes 4-7 29 Set forth in footnotes 1, 7 & 10 39 Set forth in footnote 14 3' id. In weighing the testimony presented, the Council may determine the credibility of the evidence by considering, among other things, whether the statements made are consistent with each other, consistent with the declarants' behavior, and reasonable in light of all the other evidence presented. If Council believes a statement to be true, the testimony of a single witness is enough. When faced with conflicting testamentary evidence, the Council must determine which is more credible considering common sense, personal experience, and all of the circumstances surrounding this issue. CONCLUSION With the totality of the evidence compiled in this staff report, Councilmembers are in an improved position to identify the evidence they find persuasive and why. The City Attorney and staff recommend that the Council consider the summation of the evidence set forth above and then either: 1. Reaffirm its direction that staff return with a resolution upholding the decision of the Committee on Tress and Views; 2. Determine that insufficient evidence has been presented to establish by clear and convincing evidence that a view existed at the time the Nuccions purchased their property and provide both parties with an opportunity to resubmit additional evidence and reopen the matter; or 3. Determine that the Nuccions have not established by clear and convincing evidence that a view existed at the time they purchased their property and direct staff to return with a resolution reversing the decision of the Committee on Tress and Views. Please note that should the Council reaffirm the decision of the Committee on Tress and Views, an order for any restorative action may only extend to the view that existed at the time the Nuccions actually acquired the property. In order to adequately define the extent of any restorative action necessary to abate the view impairment, the Council must determine the scope of the Nuccions' view in 2009 when the property was purchased; the Nuccions' descriptions of their view as it existed in 2009 have been set forth in footnotes 7-10, above. Agenda Item No: 6-A Mtg. Date: 10/24/16 A. Complaint & Request for Mediation Application submitted by the Nuccions, April 24, 2014 THIS PAGE INTENTIONALLY LEFT BLANK RECEIVED REQUEST FOR MEDIATION APR 2 4 2014 ABATEMENT OF VIEW IMPAIRMENT City of Rolling Hills By COMPLAINANT'S NAME: 41U C C Ord /� ADDRESS: IS rpnZ rL, ofr � /`-ia ain • PHONE NO. & EMAIL: E-3-4--4 //At-go cx e , ad koo • cern MAILING ADDRESS IF DIFFERENT FROM ABOVE: LEGAL DESCRIPTION: LOT NO. ASSESSORS BOOK NO. PAGE PARCEL TREE OWNER'S NAME: - 4-sT S /JOZ.Q /' ADDRESS: 1 T 7otrc)Gf(2fsc`— PHONE NO.: J NATURE OF PROPOSED PROJECT Describe in detail the nature of the proposed view restoration. Include documentation showing a good faith effort to effect a solution to the view impairment with tree -owner and evidence that the owner of the vegetation has refused to comply. %•-)P At{ — r nitn eat cf .t --%t-bt L #r 10 a L a Lk -t ye.../7/a,Alt e Ai A-tLoi; Sf 4.4 c -4-r- it S f 4-47 ��c- �1 - / roe � alc -/ �D �G2� j/ 4,tee rot `!%t 7 !t re re t% ra7�C�/e,� // , fE -f d/ I. L /arn efd r�9 t �C --A n n- , / -7/FX City of Rolling Hills View Impairment Complaint Form 1/21 yra4.. I (Revised 10-2013) oescribe how the view is impaired and describe the area of your house or yard from which the view is impaired; iS ezdt it E-4-4-) refislit Felt- 41-4- jaacsg- �. c.. dE art ,iF.1--, ' -C� t(c - re 't %u 7i_s. a (t —'r u—a f —1) Describe what views will be restored by elimination or trimming of the vegetation. s--4/ i£_.{ room- — 4 '' i,�± --(3 k_(2c.anr.1 � ef[.LeA--4! /L1rh�y firm four o /.tt- j O 61/7;/e Describe what action is specifically proposed to restore the view (i.e. topping, trimming, removal of vegetation). APPLICATION FEE An application fee of $1,000.00 for mediation must accompany the application. Make check payable to the CITY OF ROLLING HILLS. Additional fees will occur if review by Committee on Trees and Views will be needed (please see page 8 of the application for details). City of Rolling Hills - 4 - View Impairment Complaint Form devised 10.2111) 2/21 l OWNER'S DECLARATION REQUEST FOR MEDIATION 1 (We) declare under,Qenalty of perjury that the foregoing is true and correct. Executed at j p U r this day of si California, 20 fl By: By: arAi Address8 201/1-n) . tit NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of Califomia, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. APPLICANT: DATE FILED: 9 j 2 I '( REPRESENTATIVE: FEE: - I- o`ao COMPANY NAME: RECEIPT NO: l `o I' lib COMPANY ADDRESS: BY: COMPANY PHONE NO. PROPERTY ADDRESS: City of Rolling Hills View Impairment Complaint Form (Revised 10-2013) 3/21 4/21 5!21 i/1s /s c�2u.r 6/21 ' -io • 31110111.0... ?eppe- 2.3. acct.& 7/21 ?tot rs 06 11°° ?0,41'.#. j 11 9/21 10/21 Subject: Trees From: Diana Nucdon (dnucclon@yahoo.com) To: hassoktt@earthlink.net; Cc: snucdon@yahoo.com; Date: Monday, December 2, 2013 11:05 AM Hi William, I know we have asked about trimming your trees. I hope you can understand how frustrating it has been watching our view slip away every month. This past summer was the first year we could not see the Wilson Park fireworks on July 4th and now our Mt. Baldy view is completely obstructed. We had offered previously to pay your trimmers to do the work. We are not inclined to wait for the pole work to be finished as it has no baring on the trees. We are happy to provide you with photos of our view before you became the owners. I know you were a supporter of Measure B because of your dealings on Pine Tree Ln. I think In reverse, it also ensures our documented view. Thank you, Diana Nuccion 11/21 Subject: Fwd: trees From: Diana Nuccion (dnucdon@yahoo.com) To: ° snucdon@yahoo.com; Date: Friday, January 3, 2014 1:09 PM Sent by Diana Nuccion's personal assistant Begin forwarded message: From: "Judith Hassoldt" <hassoldt@earthlink.net> Date: January 3,2014,10:08:06 AM PST To: "Diana Nuccion" <dnuccion@yahoo.com> Subject: Re: trees Diana We have been celebrating the holidays. 1 have contacted a qualified tree service. I will be meeting with them after the holidays. I intend to discuss the professional approach to shaping and thinning the trees. I. will share with you what we determine as a way to correct the damage these trees have suffered. Judith Original Message From: Diana Nuccion To: Judith Hassoldt Cc: Steve Nuccion Sent Thursday, January 02, 201410:45 AM Subject: trees Hello William and Judith, I hope you had a great Holiday season. I am writing again, about the trees in our view. I am including a picture taken June 2011 which clearly shows that we had a panoramic view from pool level. (The palm trees were easily the tallest of your trees) Our view is now 90% obstructed from the house level. We have offered to pay for your trees to be cut by a tree trimmer of your choice, but you have not responded. We are not willing to wait for your construction plans to be finalized. It is especially offensive as you do not occupy the property. I am sure you understand the need to be cooperative as the utility pole situation is also riding on cooperation.... Please let us know of your plans as soon as possible. Thank you, 12%21 I Diana and Steve Nuccion 131 1 Subject: Re: e-mail From: Diana Nuccion (dnucdon@yahoo.com) To: hassoldt@eanhlink.net; Date: Wednesday, January 29, 2014 5:05 PM No, these guys were Edison, it was an Edison truck.... Sent by Diana Nuccion's personal assistant On Jan 29, 2014, at 4:32 PM, "Judith Hassoldt" <hassoldt@earthlink.net> wrote: Diana Could the folks you saw taking photos have been actually taking photos of our house. Sounds crazy but it could have been engineers? I met with two companies regarding the trees. They were arborist. They did not recommend cutting them in this draught unless they had significant water on them throughout this spring and summer. They were very surprised that the trees that were cut severely last year lived to need lacing. We have contracted with the company that cleaned the hillside last year.They are coming out this Friday to clean and trim the hillside. Judith 11121 Subject: Fwd: peppers From: Diana Nucdon (dnucdon@yahoo.com) To: snuccion@yahoo.com; Date: Sunday, February 16, 2014 4:24 PM Sent by Diana Nuccion's personal assistant Begin forwarded message: From: "Judith Hassoldt" <hassoldt@earthlink.net> Date: February 15, 2014, 9:39:30 AM PST To: "Diana Nuccion" <dnuccion@yahoo.com> Subject peppers Diana We have been able to water the Pepper trees that are in front of the PBRd fence as American Arbor directed us to try to do to save them.We continue to water them heavily and they appear hardy. If you would like to lace them as AA suggested. We will continue to keep them watered so they will survive this drought. This should give you increased viewing. The bid from AA for shaping and crown reduction of the road side (2) Peppers is $400.o0 Wm talked to the gardener from Dennee east and west about our Peppers. However we have not bee able to contact him or meet with him. His name according to Wm is " Artemio." American Arbor contact is Brandon 310-257-8686. Regards, Judith 15/21 Subject: Re: American Arbor Care From: Diana Nuccion (dnucdon@yahoo.com) To: hassoldt@earthlink.net; Cc: snuccion@yahoo.com; Date: Friday, March 14, 201412:09 PM Judy, You told me that the trees could not be trimmed. What he told me is you did not WANT to trim them. I asked a trimmer you trust and recommended. I have shown you pictures of our panorarnic view, which I intend to recover. If you are telling me that you are declining our offer to trim, while your house is vacant, then I will go to the City and start official paperwork. Remember Measure B which you endorsed specifically says if I had a view, 1 am entitled to it and that the owner of the two properties with seniority of ownership will prevail. Please reconsider over the weekend as I will begin paperwork Monday at City Hall. Thank you, Diana Sent by Diana Nuccion's personal assistant On Mar 14, 2014, at 11:40 AM, "Judith Hassoldt" .chssoldt@earthlink.neb wrote: than I will compare the information i received when 1 mct with American Arbor to your information. I spent a lot of time with him and expressed my priorities. I am sure your perspective is somewhat different then ours. I was very specific about crown reduction Iimits.The limits are spelled out in my bid. I do not see these limits on your information. Also the fact that we do not want to create a health issues for our trees in this draught is important.. We do not have the ability to water most of these trees. Both companies I contacted stipulated water at trimming time was essential. . I am confused why Brandon gave you a bid for tree cutting on our property I had recently met whim I have his estimate for the work I am willing to have done on my desk? This is unsettling at the very least. He should have told you he had prepared as estimate for this tree work. He should have known the whole process is controlled by the owner of the property. Having a contract cross my desk for tree work on my personal property is not very comforting. These trees add important value to our property. I believed Brandon represented a tree service I could trust. He has other properties with estimates prepared for us . .. Neighbors taking over the important issues of cutting tress on their neighbors property is troubling.. I will forward you a copy of the tree work we were considering.There are clear limits. In any case scenario we will engage the arborist. Regards Judy From: Diana Nuccion To: Judith Hassoldt Sent Wednesday, March 12, 2014 9:47 AM Subject: Fw: American Arbor Care 16/21 Hi William and Judy, I had Brandon out to discuss your bid. He suggested trimming the acacia next to the peppers as well since ft would be out of proportion to leave it. I asked him about your comment that he did not recommend trimming the eucalyptus. He said maybe you misunderstood, he says it would be fine to trim them. He sent me this bid for trimming them. He would also shape the palms. You had mentioned your architect said when you do remodel, you would take out the olives. He gave a bid to trim them as well, but also remove them if you like. Please take a look at his proposal and let me know. We are happy to pay for all of it. I'm sure the property will look much improved and we will be able to enjoy the summer. Thank you, Diana And Steve On Wednesday, March 12, 2014 8:57 AM, Stephanie Tellez <stephanie13aac@gmail.com> wrote: Good Morning Diana, Please review the attached proposal. Feel free to contact us if you have any questions and send a quick reply to confirm of receipt of this proposal. We look forward to working with you. Sincerely, Stephanie A man doesn't plant a tree for himself. He plants it for posterity. Alexander Smith • Stephanie Tellez Office Manager American Arbor Care 2049 Pacific Coast Hwy., Suite 214 Lomita, CA 90717 (310) 257-8686 office (310) 257-8666 fax https://www.facebook.com/AmericanArborCare www.americanarborcare.net 17/21 Neatriallew American Arbor Care 2049 Pacific Coast Hwy. Suite 214 Lomita, CA 90717 Customer Diana Nucclon 18 Portuguese Bend Rd. RH, CA 90274 (310) 377-4540 Proposal Date Proposal 1/15/2014 1139 Jobsite 15 Portuguese Bend Rd. RH, CA 90274 Desaiptlon Oty Rafe Total (1) Eucalyptus In front of 13 Portuguese Bend Rd. - lace, shape, crown reduce & fertilize 850.00 850.00 Note: Eric Is Infested w/ Lerp Psyllid (1) Eucalyptus along roadway easement - lace; shape, crown reduce & fertilize 750.00 750.00 (2) Washingtonla Fan Palms - trim 300.00 300.00 ( 1 ) Eucalyptus & ( 1 ) Olive tree In SW comer - him to old cuts for New 300.00 300.00 (1) Eucalyptus by garage - lace, shape & crown reduce 400.00 400.00 (2) California Peppers - shape w/ crown reduction only 400.00 400D0 ( 1 ) Olive tree In SE comer - lace, shape & crown reduce 100.00 100.00 (1 ) Acacia In SE corner - lace, shape & crown reduce 100.00 100.00 (2) Olive trees in lawn lace, shape crown reduce & balance 825.00 825.00 Option: ( 2) OINe trees In lawn - remove w/stumps $1,500 Notes: slump grind Is - 8-8' below grade option cost not included In total Total $3,825.00 'The above cost is based on the Job being done in Its entirety. Any modifications may result in a revised proposal. *We remove any debris generated from our work. 'We are not responsible for damage due to hidden conditions. Especially under ground Installations. 'Payment is due upon completion of work performed. tuote Is valid for 45 days only. In the event any decisions regarding final specifications for the above work need to be made, either now or while work is In progress, please print or type name & telephone number of the designated individual who will be empowered to make those decisions. Name Date Please indicate acceptance by signing this proposal and returning to the above address. Upon receipt, work will be scheduled to begin. Accepted by Date Brandon Gill Member of ISA Certified Arborist WE -6574A State Contractors license 814653 t -t. r.va (310) 257-8888 'F✓.;: (310) 257-8868 stephanle13aac®gmall.com www.amerlcanarborcare.not 18/21 Subject: Re: Fwd: Steve From: Stephen Nucclon (snucdon@yahoo.com) To: dnucdon@yahoo.com; hassoldt@earthllnk.ne; Date: Saturday, April 12, 2014 1137 AM Judy, Perhaps I was not clear. We have not asked to destroy or clear-cut your trees. We have asked to have the trees trimmed to the level they were at when we bought our house 5 years ago. This is our right based on the city wide view preservation policy. We have tried to be very reasonable with you. We agreed to use your arborist and to pay for the routine trimming. We agreed to let you supervise. We needed to plan a date with the company and we sent you an email asking if that date worked. You did not respond. Implying that we were able to cut Dr. Roberts trees because he was dying is inflammatory and inappropriate. We worked with him and his family to help maintain our views and preserve his property. We worked together for the mutual benefit of both parties. We have spoken with many neighbors about our situation and our interactions with you. We are very comfortable with our high level of support in the community. Concems about the building of our house are irrelevant as we were not involved and we saved the community the blight of a foreclosed home. The Edison situation is coming to a head and a difficulty exists for your plans. If we grant SCE an easement to keep the pole in its present location, the wires that go from the pole on 18 to the pole on 15 could not be undergrounded. If you choose to take the pole from our property to your property, you would need a new easements which would be unlikely to be granted. I would also find it hard to believe that SCE would be interested in doing this at their expense if they have just paid for an easement on our property. The matter gets quite complicated. We worked with SCE for years to come to a resolution, and we were very close. We elected not to take the settlement SCE offered us in hopes of reaching an agreement that helped all the surrounding properties. At this time, it no longer seems like we are able to work together in a constructive manner so we are working on an independent solution. I will again be willing to compromise with you. This is my proposal. 1. You allow the trees to be trimmed by American Arbor on April 21. We will pay for this. You may supervise. We request the red Eucalyptus tree by the pole be lowered to pole height and the mix of Eucalyptus and Olive trees that are presently growing in between the Verizon lines be lowered as well. All of these trees have been trimmed before and have grown. Proper trimming will not kill or devastate the trees. 2. In exchange for #1, we will not file a complaint with the city, we will not protest or attempt to delay your construction plans and we will delay reaching a settlement with SCE until you have a presented a plan that reworks the wires. 19/21 Please let me know soon. Steve Nuccion On Saturday, April 12, 2014 11:07 AM, Diana Nuccion <dnucdon©yahoo.com> wrote: Sent by Diana Nuccion's personal assistant Begin forwarded message: From: ',Judith Hassoldt" <hassoldt@earthlink.net> Date: April 12, 2014, 10:42:25 AM PDT To: "Diana Nuccion" <dnuccion@yahoo.com> Subject Steve Steve You are free to purse your view corridor issue via the city, And we will respond. We have made a reasonable offer to trim the trees and lower crowns. If you think our neighbors in this community will see your reasoning of wanting our trees removed,and or disfigurred?..We disagree. The reason you were allowed to clear cut for the past several years was because Dr Roberts was dying. No one will feel you were kind to anyone but youseff. The view of your house looming over the drive up PBRd is in the records as being a major problem at public hearings. The community showed up with rage.. The trees at #13 blocked opened vlsuality of your home's vlew from the road way. The trees at #13 are mentioned in the Planning Commissions minutes as well as the City Council's minutes regarding your properties development The trees were considered Iri many Planning Commislons public hearings. The fellings of the community was that the open view of houses and pools were not in character of RH. The reality is we must agree to both propertys sharing the value of these lovely established trees. Destroying them is an unresonable.demand for one property owner. We still don't clear cut. And we don't do anything In a draught. The problem of these trees has a long history of debate as the city reacted to the previous owners building on top of the existing owners property line. The fact that the trees at #13 softened the visual Impact of your pool was considered by everyone. I believe the concern "hotel' was mention.Now you want to revisit this Issue?. the pad placement. Good news first we are working with a designer to change the pad on the present home. We wish to inlarge house to the front. Of course 20121 the sucess of our plan will require the Olives to be moved The plan needs to be approved and If we get our proposed foot print approved we will solve your Issues. The electrical issues on the pole and the lines in our yard have gone no where. Howerver, with our building plan maybe something good can finally develop with these power Iines.Our plan will focus on the lines in rear yard being modifyed.As the lines will be In the way of our project.The possibility of undergrounding would clear the sky. The Issue for our personal property rights trump Edison's do nothing attitude. Construction will bring them to the table to work with a contractorandto get those lines undergrounded. Your assumption that we don't live in our house is a no brainer as the house is unliveable. However, we did offer to allow you to achieve view corridors while we work on conceptual plan approval, We are working on plans, Your cooperation will speed up long tern view improvement.. We see great potenial for this property. A nice family home after being neglected and an eye sore for years. Dr Roberts was dying for many years. Even as the sub divider abused the property line and graded sub standardly. Some people can see the reality, It was not a fair fight. Well now the sad mess can be Improved for all of us. You will have a home ajcent to your home. Your pool will not loom over the small back yard of #13. Now conversations can be heard from pool to patio at #13. A great win will be the under grounding at the very least. Maybe they will send the wires accross the canyon toward Dennee where they should be.He really doesn't have rights here. Please think about the results we are working on. If we should sell without creating a new home a buyer would to slap a coat of paint on the house ....and rent it.We don't want that for Rolling Hills. Regards, the Hassoldt 21/21 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 B. Declaration of Mr. Martin Jiminez, October 15, 2015 My name is MardD Jimenez. I own Jimenez Tree Service, and I am a license tree cutter. In early 2011, I did tee trimming weak at 15 PBR at the request of DianaNeocion. Among the tees I cut was the eucalyptus by the driveway bel iedthe palm tree, which tee I topped pa Ms. Nuccion's instructions. Dated: October 25, 2015 tittle -fit/ i%r' et"O Martin Jimancz Agenda Item No: 6-A Mtg. Date: 10/24/16 r C. Email Exchanges between the Nuccions and the Hassoldts THIS PAGE INTENTIONALLY LEFT BLANK Subject: Trees 'From: Diana Nuccion (dnuccion@yahoo.com) To: hassoldt@earthlink.net; snuccion@yahoo.com; Date: Monday, December 2, 2013 11:05 AM Hi William, I know we have asked about trimming your trees. I hope you can understand how frustrating it has been watching our view slip away every month. This past summer was the first year we could not see the Wilson Park fireworks on July 4th and now our Mt. Baldy view is completely obstructed. We had offered previously to pay your trimmers to do the work. We are not inclined to wait for the pole work to be finished as it has no baring on the trees. We are happy to provide you with photos of our view before you became the owners. I know you were a supporter of Measure B because of your dealings on Pine Tree Ln. I think in reverse, it also ensures our documented view. Thank you, Diana Nucoion 11/21 Subject: Fwd: trees From: Diana Nuccion (dnuccion@yahoo.com) To: snuccion@yahoo.com; Date: Friday, January 3, 2014 1:09 PM Sent by Diana Nuccion's personal assistant Begin forwarded message: From: "Judith Hassoldt" <hassoldt@earthlink.neb Date: January 3, 2014, 10:08:06 AM PST To: "Diana Nuccion" <dnuccion@yahoo.com> Subject: Re: trees Diana We have been celebrating the holidays. F have contacted a qualified tree service. I will be meeting with them after the holidays. 1 intend to discuss the professional approach to shaping and thinning the trees. 1. will share with you what we determine as a way to correct the damage these trees have suffered. Judith Original Message From: Diana Nuccion To: Judith Hassoldt Cc: Steve Nuccion Sent: Thursday, January 02, 2014 10:45 AM Subject: trees Hello William and Judith, I hope you had a great Holiday season. I am writing again, about the trees in our view. I am including a picture taken June 2011 which clearly shows that we had a panoramic view from pool level. (The palm trees were easily the tallest of your trees) Our view is now 90% obstructed from the house level. We have offered to pay for your trees to be cut by a tree trimmer of your choice, but you have not responded. We are not willing to wait for your construction plans to be finalized. It is especially offensive as you do not occupy the property. I am sure you understand the need to be cooperative as the utility pole situation is also riding on cooperation.... Please let us know of your plans as soon as possible. Thank you, 12/21 IDiana and Steve Nuccion 13/21 Subject: Re: e-mail From: Diana Nuccion (dnuccion@yahoo.com) To: hassoldt@earthlink.net; Date: Wednesday, January 29, 2014 5:05 PM No, these guys were Edison, it was an Edison truck.... Sent by Diana Nuccion's personal assistant On Jan 29, 2014, at 4:32 PM, "Judith Hassoldt" <hassoldtgearthlink.net> wrote: Diana Could the folks you saw taking photos have been actually taking photos of our house. Sounds crazy but it could have been engineers? I met with two companies regarding the trees. They were arborist. They did not recommend cutting them in this draught unless they had significant water on them throughout this spring and summer. They were very surprised that the trees that were cut severely last year lived to need lacing. We have contracted with the company that cleaned the hillside last year.They are coming out this Friday to clean and trim the hillside. Judith 14/21 Subject: Fwd: peppers • From: Diana Nuccion (dnuccion@yahoo.com) To: snuccion@yahoo.com; e: Sunday, February 16, 2014 4:24 PM Sent by Diana Nuccion's personal assistant Begin forwarded message: From: "Judith Hassoldt" <hassoldt@earthlink.neb Date: February 15, 2014, 9:39:30 AM PST To: "Diana Nuccion" <dnuccion@yahoo.com> Subject: peppers Diana We have been able to water the Pepper trees that are in front of the PBRd fence as American Arbor directed us to try to do to save them.We continue to water them heavily 1 they appear hardy. If you would like to lace them as AA suggested. We will continue to keep them watered so they will survive this drought. This should give you increased viewing. The bid from AA for shaping and crown reduction. of the road side (2) Peppers is $4OO.00 Wm talked to the gardener from Dennee east and west about our Peppers. However we have not bee able to contact him or meet with him. His name according to Wm is " Artemio." American Arbor contact is Brandon 310-257-8686. Regards, Judith 15/21 Subject: Re: American Arbor Cart. From: Diana Nuccion (dnuccion@yahoo.com) To: hassoldt@earthlink.net; Cc: snuccion@yahoo.com; Date: Friday, March 14, 2014 12:09 PM Judy, You told me that the trees could not be trimmed. What he told me is you did not WANT to trim them. I asked a trimmer you trust and recommended. I have shown you pictures of our panoramic view, which I intend to recover. If you are telling me that you are declining our offer to trim, while your house is vacant, then I will go to the City and start official paperwork. Remember Measure B which you endorsed specifically says if I had a view, 1 am entitled to it and that the owner of the two properties with seniority of ownership will prevail. Please reconsider over the weekend as I will begin paperwork Monday at City Hall. Thank you, Diana Sent by Diana Nuccion's personal assistant On Mar 14, 2014, at 11:40 AM, "Judith Hassoldt" <hassoldt@earthlink.neb wrote: Diana I will compare the information I received when I met with American Arbor to your information. I spent a lot of time with him and expressed my priorities. I am sure your perspective is somewhat different then ours. I was very specific about crown reduction Iimits.The limits are spelled out in my bid. I do not see these limits on your information. Also the fact that we do not want to create a health issues for our trees in this draught is important.. We do not have the ability to water most of these trees. Both companies I contacted stipulated water at trimming time was essential. . I am confused why Brandon gave you a bid for tree cutting on our property I had recently met wlhim I have his estimate for the work I am willing to have done on my desk? This is unsettling at the very least. He should have told you he had prepared as estimate for this tree work. He should have known the whole process is controlled by the owner of the property. Having a contract cross my desk for tree work on my personal property is not very comforting. These trees add important value to our property. I believed Brandon represented a tree service I could trust. He has other properties with estimates prepared for us . .. Neighbors taking over the important issues of cutting tress on their neighbors property is troubling.. I will forward you a copy of the tree work we were considering.There are clear limits. In any case scenario we will engage the arborist. Regards Judy From: Diana Nuccion To: Judith Hassoldt Sent: Wednesday, March 12, 2014 9:47 AM Subject: Fw: American Arbor Care 16/21 Hi William and Judy, I had• Brandon out to discuss your bid. He suggested trimming the acacia next to the peppers as well since it would be out of proportion to leave it. I asked him about your comment that he did not recommend trimming the eucalyptus. He said aybe you misunderstood, he says it would be fine to trim them. He sent me this bid for imming them. He would also shape the palms. You had mentioned your architect said when you do remodel, you would take out the olives. He gave a bid to trim them as well, but also remove them if you like. Please take a look at his proposal and let me know. We are happy to pay for all of it. I'm sure the property will look much improved and we will be able to enjoy the summer. Thank you, Diana And Steve On Wednesday, March 12, 2014 8:57 AM, Stephanie Tellez <stephanie13aac@gmail.com> wrote: Good Morning Diana, Please review the attached proposal. Feel free to contact us if you have any questions and send a quick reply to confirm of receipt of this proposal. We look forward to working with you. Sincerely, Stephanie . man doesn't plant a tree for himself. He plants it for posterity. Alexander Smith Stephanie Tellez Office Manager American Arbor Care 2049 Pacific Coast Hwy., Suite 214 Lomita, CA 90717 (310) 257-8686 office (310) 257-8666 fax https://www.facebook.com/AmericanArborCare www.americanarborcare.net 17/21 Subject: Re: Fwd: Steve 'From: Stephen Nuccion (snuccion@yahoo.com) To: dnuccion@yahoo.com; hassoldt@earthlink.ne; e: Saturday, April 12, 2014 11:37 AM Judy, Perhaps I was not clear. We have not asked to destroy or clear-cut your trees. We have asked to have the trees trimmed to the level they were at when we bought our house 5 years ago. This is our right based on the city wide view preservation policy. We have tried to be very reasonable with you. We agreed to use your arborist and to pay for the routine trimming. We agreed to let you supervise. We needed to plan a date with the company and we sent you an email asking if that date worked. You did not respond. Implying that we were able to cut Dr. Roberts trees because he was dying is inflammatory and inappropriate. We worked with him and his family to help maintain our views and preserve his property. We worked together for the mutual benefit of both parties. We have spoken with many neighbors about our situation and our interactions with you. We are very comfortable with our high level of support in the community. Concerns about the building of our house are irrelevant as we were not involved and we saved the community the blight of a foreclosed home. Edison situation is coming to a head and a difficulty exists for your plans. If we grant SCE an easement to keep the pole in its present location, the wires that go from the pole on 18 to the pole on 15 could not be undergrounded. If you choose to take the pole from our property to your property, you would need a new easements which would be unlikely to be granted. I would also find it hard to believe that SCE would be interested in doing this at their expense if they have just paid for an easement on our property. The matter gets quite complicated. We worked with SCE for years to come to a resolution, and we were very close. We elected not to take the settlement SCE offered us in hopes of reaching an agreement that helped all the surrounding properties. At this time, it no longer seems like we are able to work together in a constructive manner so we are working on an independent solution. I will again be willing to compromise with you. This is my proposal. 1. You allow the trees to be trimmed by American Arbor on April 21. We will pay for this. You may supervise. We request the red Eucalyptus tree by the pole be lowered to pole height and the mix of Eucalyptus and Olive trees that are presently growing in between the Verizon lines be lowered as well. All of these trees have been trimmed before and have grown. Proper trimming will not kill or devastate the trees. 2 'n exchange for #1, we will not file a complaint with the city, we will not protest or attempt to i:. ,y your construction plans and we will delay reaching a settlement with SCE until you have a presented a plan that reworks the wires. 19/21 Please let me know soon. Steve Nuccion On Saturday, April 12, 2014 11:07 AM, Diana Nuccion <dnuccion@yahoo.com> wrote: Sent by Diana Nuccion's personal assistant Begin forwarded message: From: "Judith Hassoldt" <hassoldt@earthlink.net> Date: April 12, 2014, 10:42:25 AM PDT To: "Diana Nuccion" <dnuccion@yahoo.com> Subject: Steve Steve You are free to purse your view corridor issue via the city, And we will respond. We have made a reasonable offer to trim the trees and lower crowns. If you think our neighbors in this community will see your reasoning of wanting our trees removed,and or disfigurred?..We disagree. The reason you were allowed to clear cut for the past several years was because Dr Roberts was dying. No one will feel you were kind to anyone but youself. The view of your house looming over the drive up PBRd is in the records as being a major problem at public hearings. The community showed up with rage.. The trees at #13 blocked opened visuality of your home's view from the road way. The trees at #13 are mentioned in the Planning Commissions minutes as well as the City Council's minutes regarding your properties developmen.t The trees were considered in many Planning Commisions public hearings. The fellings of the community was that the open view of houses and pools were not in character of RH. The reality is we must agree to both propertys sharing the value of these lovely established trees. Destroying them is an unresonable.demand for one property owner. We still don't clear cut. And we don't do anything in a draught. The problem of these trees has a long history of debate as the city reacted to the previous owners building on top of the existing owners property line. The fact that the trees at #13 softened the visual impact of your pool was considered by everyone. I believe the concern "hotel" was mention.Now you want to revisit this issue?. the pad placement. Good news first we are working with a designer to change the pad on the present home. We wish to inlarge house to the front. Of course 20/21 the sucess of our plan will requir^ the Olives to be moved The plan needs to be approved i If we get our proposed foot print appr, we will solve your issues. The electrical issues on the pole and the lines in our yard have gone no where. Howerver, with our building plan maybe something good can finally develop with these power Iines.Our plan will focus on the lines in rear yard being modifyed.As the lines will be in the way of our project.The possibility of undergrounding would clear the sky. The issue for our personal property rights trump Edison's do nothing attitude. Construction will bring them to the table to work with a contractorandto get those lines undergrounded. Your assumption that we don't live in our house is a no brainer as the house is unliveable. However, we did offer to allow you to achieve view corridors while we work on conceptual plan approval, We are working on plans, Your cooperation will speed up long term view improvement.. We see great potenial for this property. A nice family home after being neglected and an eye sore for years. Dr Roberts was dying for many years. Even as the sub divider abused the property line and graded sub standardly. Some people can see the reality, It was not a fair fight. Well now the sad mess can be improved for all of us. You will have a home ajcent to your home. Your pool will not loom over the small back yard of #13. Now conversations can be heard from pool to patio at #13. A great win will be the under grounding at the very least. Maybe they will send the wires accross the canyon toward Dennee where they should be.He really doesn't have rights here. Please think about the results we are working on. If we should sell without creating a new home a buyer would to slap a coat of paint on the house ....and rent it.We don't want that for Rolling Hills. Regards, the Hassoldt 21/21 Agenda Item No: 6-A Mtg. Date: 10/24/16 D. Nuccion's Request for Public Hearing December 22, 2014 OD1 THIS PAGE INTENTIONALLY LEFT BLANK December 15, 2014 City of Rolling Hills RECEIVED Committee on Trees and Views 2 Portuguese Bend Rd. Rolling Hills, CA 90274 DEC 12 2014 Dr. and Mrs. Stephen Nuccion City of Rolling Hills 18 Portuguese Bend Rd. By Rolling Hills, CA 90274 RE: Obstructed view and failed mediation Dear Sirs/Madam; We, Stephen Nuccion and Diana Nuccion are requesting a Public Hearing as it pertains to our previous panoramic view at 18 Portuguese Bend Road. We acquired our property In March of 2009. At that time, and up until the sale of 15 Portuguese Bend Rd. from the estate of Dr. James Roberts to William and Judith Hassoldt, we had a panoramic view from the Santa Monica Mountains to Mount Baidy. It is now occluded by over grown trees that have had negligible maintenance since the transfer of owners. We have tried, unsuccessfully, to act as neighbors to offer to pay to have the view maintained. When that failed, we carne to the City and filed for arbitration. After months of wrangling, Colleen Berg, the arbitrator, had a signed arbitration agreement (dated July 31, 2014) between parties to cut the overgrowth at 15 Portuguese Bend Rd. between the months of October 1, 2014 and November 30, 2014. American Arbor was retained for the work. Three dates were set by American Arbor and all three were cancelled by Judith Hassoldt. The entire scope of work was to be ONE day of trimming at a cost of approximately $3500.00 We are requesting intervention by the View Committee on our behalf, as negotiating with the Hassoldts has proven futile. c Steph and •iana Nucccion Thank you, 3/21 5 i OWNER'S DECLARATION ±CEIVED REQUEST FOR HEARING DEC 2 2 2014 BEFORE THE COMMITTEE ON TREES AND VIEWS City of Rolling Hills I (We) declar un r penalty of perjury that the foregoing is true and correctPY Executed at v this ._Pa `2 day of By: By: EL —tai OE /z— , California, ,20_/� //9-e1/i4- Afcz' cc o/ 5Tf.00el xJ ,AJUC /6t a.4o . itfo. A • dress NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the Information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. APPLICANT: DATE FILED: t 2-122-1 toici it Z, ,000 REPRESENTATIVE: FEE: COMPANY NAME: RECEIPT NO: f 03 I 1 COMPANY ADDRESS: BY: o COMPANY PHONE NO. %to. 31 9 SyD PROPERTY ADDRESS: City of Rolling Hills - 9 - View Impairment Complaint Fonn 1/21. (Revised 10-2013) CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT REQUEST FOR HEARING BEFORE THE COMMITTEE ON TREES AND VIEWS STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) sa CITY OF ROLLING HILLS ) J/ t/ UCCr (rot I , declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally described as: /g Peato Ut 20 Executed at , California, this _ day of , 20 . City of Rolling Hills View Impairment Complaint Form t. S COMMITTEE ON TREES & VIEWS: Forms:VIEW IMPAIRMENT rev 10_2013.door -10- (Revised 10-2013) December 15, 2014 City of Rolling Hills Committee on Trees and Views 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dr. and Mrs. Stephen Nuccion 18 Portuguese Bend Rd. Rolling Hills, CA90274 RECEIVED DEC 2 2 2014 City of Rolling Hills By RE: Obstructed view and failed mediation Dear Sirs/Madam; We, Stephen Nuccion and Diana Nuccion are requesting a Public Hearing as it pertains to our previous panoramic view at 18 Portuguese Bend Road. We acquired our property in March of 2009. At that time, and up until the sale of 15 Portuguese Bend Rd. from the estate of Dr. James Roberts to William and Judith Hassoldt, we had a panoramic view from the Santa Monica Mountains to Mount Baidy. It is now occluded by over grown trees that have had negligible maintenance since the transfer of owners. We have tried, unsuccessfully, to act as neighbors to offer to pay to have the view maintained. When that failed, we came to the City and filed for arbitration. After months of wrangling, Colleen Berg, the arbitrator, had a signed arbitration agreement (dated July 31, 2014) between parties to cut the overgrowth at 15 Portuguese Bend Rd. between the months of October 1, 2014 and November 30, 2014. American Arbor was retained for the work. Three dates were set by American Arbor and all three were cancelled by Judith Hassoldt. The entire scope of work was to be ONE day of trimming at a cost of approximately $3500.00 We are requesting intervention by the View Committee on our behalf, as negotiating with the Hassoldts has proven futile. c Thank you, fi g-' StepheKand Diana Nucccion 3/21 Memorandum of Understanding Be it known to all parties that Steve and Diane Nuccion residing at 18 Portuguese Bend Road, Rolling Hills, CA, hereinafter referred to as "Property Owners-Nuccion". William and Judith Hassoldt owners of property 15 Portuguese Bend Road, Rolling Hills, CA hereinafter referred to as "Property Owners-Hassoldts" on this _ day of July 2014, agree as follows: The "Property Owner-Hassoldt" agrees to the following: 1. Allow the prescribed trimming to the following trees: a) Reduce the height of one (1) Pepper tree and adjacent Acacia and Olive trees located along the fence in the front yard. Trees to be reduced in height to match the height of the adjacent pepper tree and shapM Height of adjacent pepper tree indicated by a blue line. See photo #1 attached. b) Remove dead and bottom fronds off two (2) palm trees located in the front yard. Fronds will be removed to create a "V" shape foliage c) Reduce the height and shape one (1) Eucalyptus tree located on the south side of the driveway. Height reduction to previous cut marks. Property Owner-Hassoldt, at his discretion may want additional height reduction, to be discussed with attending arborist and it is at his discretion. d) Reduce the height and shape two (2) Olive trees located in the front yard, one near the front door and one nearer the driveway. Both to be reduced to previous cut marks and shaped. e) Reduce the height of foliage in the area of the yellow line in the attached photo #2. Foliage in this area includes two (2) Pepper trees, one (1) Elm, one or two (1-2) Eucalyptus trees and one (1) Olive tree. Trees identified above to be reduced to previous cut marks and shaped. This foliage is located near the chain link fence between the back yard and canyon area. Note: it is not possible to identify/see potential volunteer growth that may be mixed in with this area. If there is additional foliage not specified above and we are not able to see at this time, that foliage in the immediate area of the yellow line may also be trimmed to the same height f) If the foliage identified above is trimmed per this agreement, and that trimming exposes a Pepper tree located between the 1 4121 g) garage and barn of the property, that tree may also be trimmed to be at a height as to be out of the view. Trim and shape one (1) Eucalyptus tee located near the power pole on the Property Owner -Hassoldts property. The "thumbprint" of the tree to be reduced in size, but not to exceed the amount the arborist feels would jeopardize the health of the tree or to would expose the pole to the Property Owners- Hassoldts. 2. The Hassoldts (Owner) will obtain a bid from American Arbor, a licensed and bonded tree service. The Hassoldts( Owner) will schedule the work as described in Item No.1.a-g above. The initial work to be completed within the months of October or November 2014, pending attending arborist's schedule and seasonal recommendations. 3. If foliage begins to grow back into the view, the Nuccions may contact the Hassoldts requesting maintenance. When maintenance is performed it will be done based on the advice of the Arborist, considering the drought conditions nesting season and the health of the trees. In consideration of the above, the "Property Owner-Nuccion" agrees to the following: 1. Upon completion of the work as described in items la -g above, pay $000.00 to American Arbor for the foliage trimming. Method of payment dependent on the approved vendor's policies and procedures. The parties hereby acknowledge and agree that the City and the attending Mediator are not a party to this agreement and has no responsibility to enforce or liability for the actions taken by the parties to implement its terms. This agreement is personal to the current property owners and does not constitute an encumbrance of any nature on the property itself. Property Owner-Hassoldt Date Property Owner-Nuccion Date 2 '5121' the amount the arborist feels would jeopardize the health of the tree or to would expose the pole to the Property Owners- Hossoldts. 2. The Hassoldts (Owner) will obtain a bid from American Arbor, a licensed and bonded tree service. The Hassoldts( Owner) will schedule the work as described in Item No.l.a-g above. The initial work to be completed within the months of October or November 2014, pending attending arborist's schedule and seasonal recommendations. 3. If foliage begins to grow hack into the view, the Nuccions may contact the Hassoldts requesting maintenance. When maintenance is performed it will be done based on the advice of the Arborist, considering the drought conditions nesting season and the health of the trees. In consideration of the above, the "Property Owner-Nuccion" agrees to the following: 1. Upon completion of the work as described in items la -g above, pay $000.00 to American Arbor for the foliage trimming. Method of payment dependent on the approved vendor's policies and procedures. The parties hereby acknowledge and agree that the City and the attending Mediator are not a party to this agreement and has no responsibility to enforce or liability for the actions taken by the parties to implement its terms. This agreement is personal to the current 'priiperty owners and does not constitute an encumbrance�ceof any nature;• . pra'.! € property itself. � i�dA.,/ / �C GDat Property Owner-HascolJr � t,Ey;4�y --�/ Date 7fi��/';'tr Y O 4��' i R, - 4; Property Owner -Marion Date 6/21 Photo #1 �:...:� .._ - 42'x; ' 're < . Photo #2 3 7/21 r 07/31/2014 13:48 FAX Wool venewsdlir • American Arbor Care 2049 Pacific Coast Hwy. Suite 214 Lomita, CA 90717 Ctshdnter Diana Nucdon ;18 Portuguese Bend Rd. RH, CA 90274 (310) 377-4540 Proposal Crate Proposal 828/2014 1514 Jobsim William 8 Judith Hassoldt IS Portuguese Bend RH, CA 90274 DosoriptIon Oty Ras Total Reduce the height o1 (1) Pepper tree and adjacent Acacia a Olive trees 650.00' 550.00 located along the fence in the front yard. Trees to be reduced In height to • match the height of the adjacent pepper tree and shaped. Height of adjacent ;pepper tree Indicated by blue lino. Remove dead 6 bottom fronds of (2 }palm trees located In from yard. Fronds 30040. 300.00' :Mil be removed to create a 'V' shape foliage. Reduce the height and shape 1 1) Eucalyptus tree located on the south side of 700.00 700.00 the driveway. He4gM reductton to previous cut marks. : Reduce the night and shape (2) OMe bees burled In the hunt yard. one 02640: 626.00 ' near the front yard and one nearer the driveway. Both to be reduced to • previous cut marks & shaped. TOMO 'The above cost Is based on the job being done in its entirely. Any modifications may result m a revised proposal. 'We remove any debris generated from our work. 'We we not responsible for damage due to hidden conditions. Especially under ground installations. Payment Is due upon completion of work performed. 'Quote is valid for 48 days only. In the event arydecisions regarding finals fice0ons for the above work need to be made, either now or while work is In progres0, pie or type name 8 t number of the designated Individual who will be empowered to make those decisions. r. p '2 i' 9 y f -j 0 Name \� • Date -31— 1 4l 31 7 Please Indicate acceptance by signing this proposal and returning to the above address. Upon receipt, work will be scheduled to begin. Accepted by Data Brandon Gill Member of ISA Certified Arborist WE -6574A State Contractors License 814663 Phone (310) 257-8808 Fax (310) 257-8888 atephenfel3aectligmail.00m :8/21 www.amedcararborcare.not customer • Diane Nuabn '18 Portuguese Bend Rd. :RH, CA 00274 •(310)377.4540 William & Judith Hassoldt 15 Portuguese Bend RH, CA 00274 Deeatefon City Rate Total Reduce the height of foliage In the area of the yellow Itne. Foliage In this wee 650.001 850.00' 'includes ( 2) Pepper bees, ( 1 ) Elm tree. (1- 2 ) Eucalyptus trees and ( 1 ) Olive tree. Trees Identified above to be reduced to previous ad marts a shaped. This foliage is located near the chain fink fence between the back yard & canyon area. Note: It Is not possible to Idam6y/see potential volunteer growth that may be mixed In with this area. If there is additional foliage not specified above and we are not able to see at this time, that foliage In the immediate area at the yellow line may also be aimmed to the same height. It foliage Identified above Is Mmmed per this agreement and that trimming 200.00 200.00. exposes a Pepper tree located between the garage and barn of the property, that tree may also be trimmed to be at height auto be out of the view, as defined by the City of Rolbig Hib. ' (1) Lit. Eucalyptus by power pale - trim 400.00' 400.00' 'Note: Cost to trim this Eucalyptus Is approximate contingent on how much work Is involved. Tote@ $3,425.00 'The above cost is based on the job being done in its entirety. Any modifications may result In a revised proposal. 'We remove any debris generated from our work. 'We are not responsible for damage due to hidden Conditions. Especially under ground installations. 'Payment is due upon completion of work performed. 'Quote is valid for 45 days only. hi the event any decisions ragardin final specifications for the above work need to be made, either now or while work is in progress. please pdnLor typep(e & telephone number of the designated individual who will be empowered to make those decisions. Name t 1� Date Please indicate acce signing this proposal and returning to the above address. Upon receipt, work will be sohedufed to begin. Accepted by Date Bandon Gil Member of ISA Certified Arborist WE -8574A State Contractors License 814853 Phone (310)257-6606 Fax (310)257-8609 tJ ill) al I-aa4e etepftaniel3sec®gme0.wm Page 2 Desafpdon : Reduce the height of foliage in the area of the yellow line. Foliage in this area I includes ( 2 ) Pepper trees, (1) Elm tree, (1 - 2) Eucalyptus trees and (1 ) I Olive tree. Trees Identified above to be reduced to previous cut marks & shaped. This foliage is located near the chain link fence between the back yard & canyon area. Note: it Is not possible to Identity/See potential volunteer growth thtbq)ay be i mixed In with this area. 8 them Lc arklitlnnal fnllmno lira cnwie.ri a awl www.amorbanarbmcare.nat Rate Total '156:661:i 50.00i 650.00 i I 1 Save home Save image X Close iit-, t__,,,,,i ,,,,)-, ./,,_,ti,_) 1•/21 Save home Save image X Close laUi--.54c'y Vi 11/21 4 .00140140401 646 dr anci v,5 \ c a De 1 18/21 p 9-'-'io- .address: Attn: File No. 045094AB Phone No. Fax No. LOAN #: 201177087 CLOSING INSTRUCTIONS Lender: COUNTRYWIDE BANK, FSB Address: Office #: 0000015 17204 HAWTHORNE BLVD. TORRANCE, CA 90504 Attn: Loan No. 201177087 Phone No. (310)370-4633 Fax No. (310) 371-5495 Borrower: STEPHEN NUCCION DIANA NUCCION Seiler: SAI DAKIS CONSTRUCTION, INC Loan Type: CONY UNINSURED Lien Position: 'ST Property Address: 18 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274-5071 Initial Payment (excluding impounds): 15,034.30 Loan Term (months): 360 Initial Interest Rate: 5.750 First Payment Date: JUNE 01, 2009 Maximum Principal Balance: 0.00 Sales Price: 3,435,000.00 Loan Amount: 2,576,250.00 Draw Amount (HELOC and Construction Only): 0.00 Anticipated Closing Date: 03/30/2009 Anticipated Funding Date: 03/30/2009 ARM Loan: Index: Margin: Periodic Cap: Ceiling: Floor: Interest Rate Change Date: Payment Change Date: �Buydown Loan: ❑Negative Amortization: Wiring Instructions (except for any portion of an unwanted HELOC draw): The Bank of New York 48 Wall Street New York, NY ABA# 021000018 Countrywide Home Loans Acct# 8900404639 Reference: 201177087 Attn: Treasury Department Closing Instructions icoas.US 09/08).02(Br) 0.000 0.000 20/21 Prepared by: OLGA E. SERRANO COUNTRYWIDE BANK, FSB DATE: 03/30/2009 BORROWER: STEPHEN NUCCION CASE NO: LOAN NO: 201177087 PROPERTY: 18 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274-5071 Office I: 0000015 17209 HAWTHORNE BLVD. TORRANCE, CA 90504 Phone: (310)370-4633 Office Fax No.: (310)371-5495 NOTICE CONCERNING YOUR ESCROW ACCOUNT Yuur loan was originated by an operating subsidiary of Bank of America, N,A, ('Bank of America"). As a federally chartered bank, Bank of America L eabjcot to federal law and the Office of the Comptroller of the Currency regulations, and hi most eases is not subject to state laws that regulate or otherwise affect its credit activities. The federal law and regulations that Bank of America is subject to do not require the payment of interest on escrow accounts. Accordingly, you will not receive interest on your escrow account even if your state has a law concerning the payment of interest on escrow accounts. Escrow Account Nate E042-XX 07/08)0) Page 1 at 1 111111111 2 0 1 2 0 1 7 7 0 8 7 0 0 0'0 0 E 9 4 2 21121 Agenda Item No: 6-A Mtg. Date: 10/24/16 E. Nuccion's Request for Public Hearing February 4, 2015 THIS PAGE INTENTIONALLY LEFT BLANK January 30, 2015 City of Rolling Hills View Impairment Committee 2 Portuguese Bend Rd Rolling Hills, CA 90274 RE: 18 Portuguese Bend Road -Impaired view Dear Committee Members; RECEIVED FEB 042015 City of Rolling Hills By We are filing a complaint against Mr. and Mrs. William Hassholdt, owners of 15 Portuguese Bend Road. We have enjoyed a panoramic view from our residence at 18 Portuguese Bend Road for many years, we bought our horne in Spring of 2009. We have been trying to follow "neighborly" standards in offering to pay for the trimming of trees at the Hassholdt property for the last two years. To say we have had a difficult time would be an understatement. Many emails along with photographic proof were provided to the property owner. After being ignored, we filed for mediation. The owners of 15 PBR signed a mediation agreement, then willfully disregarded it. We are now coming before the Committee for a judgement on our view. We are providing, to the best of our ability, before and after photos of our obscured view. There is a panoramic photo of city lights and a contrast photo of what we see now. There are fp main sections of trees on the north side of our home that are creating a large L shaped curtain if front of our property, on the Hassholdt property; #1 is in the southwest corner of 15. It is a cluster of trees, eucalyptus and pepper but in addition, many volunteer trees. This area must be kept clear as they are interfering with the utility and power lines. #2 is another cluster of trees; palms and eucalyptus on the south side of the driveway at 15. The palms had, again, always been the tallest trees. They are now eclipsed by the eucalyptus to the north. #3 Easement trees along PB Road. These are a mixture of peppers and acacia trees. All have become overgrown. #4 is a "red" eucalyptus on the west side of the power pole (in easement between 15 and 13) it had always been far below the top rung of the power pole. #5 There are also two olive trees that are on the property. We are asking that the trees be kept at their °cut lines" that is very obvious to the naked eye, and the new growth be removed. 1/19 We have a bid from American Arbor. The scope of work was to be approximately $3800.00 and take ONE DAY of trimming. We have now spent far in excess of that and certainly hope any findings will be binding on the property. We do not intend to play this game with the Hassholdts again as this has been very stressful. Thank you for your time, Diana an eve Nu 18 Portuguese Bend Rd. Rolling Hills, CA 90274 310-377-4540 2/19 RECEIVEL0 FEB 0 4 2015 Cty of Roiling Hills By 3/19 RECE1VEu FEB 0 4 2015 City of Rolling Hills By iZic. Ds; ‘9011 4/1 RECEIVLI2 FEB Dk2015 City of Rolling Hills By 511, 101 RECEIVED FEB 0 4 2015 City of Rolling Hills RN/ 440Any 6/19 (83 ak Waft.. RECEI v FEB C 11 2015 City of Roiling Hills By 7/19 $� RECEIV ' AD4- FEB 0 4 2015 City of Rolling Hills By py fer r ; .' .. F;. ' •:. . • .•4r a. 8/19 C2.2) dii 8spolt-- RECEIVL FEB 0 4 2015 City of Rolling Hills By r RECEIVED FEB 0 4 2015 City of Rolling Hills By RECEiVt.. FEB 0 4 2015 City of Rolling Hills RECiiVLi. L+J FEB C 4 2015 City of Rolling HlilS By tfr FEB 0 4 2015 City of Rolling Hills By American Arbor Care 2049 Pacific Coast Hwy. Suite 214 Lomita, CA 90717 Customer Diana Nuccion 18 Portuguese Bond Rd. RH, CA 90274 (310) 3774540 RECEIVED FEB 042015 City of Rolling Hills By Proposal Date Proposal 4 1/15/2014 1139 Jobsite 15 Portuguese Bend Rd. RH, CA 90274 Description try 'tta r. (1) Eucalyptus In front of 13 Portuguese Bend Rd. - lace, shape, crown reduce & fertilize 850.00 850.00 Note: Euc Is Infested w/ Lerp Psy!lid (1) Eucalyptus along roadway easement - lace, shape, crown reduce & fertilize 750.00 750.00 (2 ) Washingtonla Fan Palms - trim 300.00 300.00 (1) Eucalyptus & (1) Olive tree In SW corner - Mm to old cuts for view 300.00 300.00 (1) Eucalyptus by garage - lace, shape & crown reduce 400.00 400.00 (2) California Poppers - shape w/ crown reduction only 400.00 400.00 (1) Olive tree in SE comer - lace, shape & crown reduce 100.00 100.00 (1 ) Acacia in SE corner - lace, shape & crown reduce 100.00 100.00 ( 2 ) Olive trees in lawn lace, shape crown reduce & balance 625.00 625.00 Option: ( 2 ) Olive trees In lawn - remove w/stumps $1,500 Notes: stump grind is - 6-8° below grade option cost not included in total Total $3,825.00 'The above cost is based on the job being done in its entirety. Any modifications may result in a revised p oposal. 'We remove any debris generated from our work. 'We are not responsible for damage due to hidden conditions. Especially under ground installations. Payment is due upon completion of work performed. 'Quote is valid for 45 days only. In the event any decisions regarding final specifications for the above work need to be made, either now or while work is in progress, please print or type name & telephone number of the designated individual who will be empowered to make those decisions. Name Date Please indicate acceptance by signing this proposal and returning to the above address. Upon receipt, work will be scheduled to begin. Accepted by Date Brandon Gill Member of ISA Certified Arborist WE -6574A State Contractors License 814653 P > (310) 257-8686 r'-..' (310) 257-8666 stephaniel3aao@gmail.com www.americanarborcare.net RECIVEU FEB 0 4 2015 City of Rolling Hills By Stedfvow A' $.wusi tamer V/S Ay Sr pqpt#fOCSL70t r rl FEB 0 4 2015 City of Bolting Hills By a,a 3 prra � a 19/19 °►3 n goV r .i ) .1 r THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 F. Photograph received by the City on April 25, 2016 RECEIVED APR 252016 City of Rolling Hills By Pj CO h'h,P1-1 net .Ha .L fl1stysalci-e IMG_3400.jpg Properties General Securty Details Previous Versions Property Value Description The Subject Rating Tags Comments Origin Authors Date taken 7/18/2011 6:16 PM Program name DuickTme 7.6.6 Date acquired CoPydgtt Image Image ID Dimensions 1536x2048 Width 1536 poets Height 2048 pixels A V Remove Properties and Personal kdoneation } Agenda Item No: 6-A Mtg. Date: 10/24/16 L G. Arborist Report of Mr. Dane Shota June 16, 2015 THIS PAGE INTENTIONALLY LEFT BLANK RECEIVED William and Judith Hasseidt Residence 15 Portuguese Bend Road Roiling Hails, Cslfornia giessaiss* =war 't w ■ r Consulting Arbolist Report 6/16/15 By CEtrrtt--Ilan nx RORIST • IBA JUL 062015 City of Rolling Hills By Dane S. Shota Certified Arborist, ME 3436A B.S. Ornamental Horticulture California Polytechnic University, Pomona, California ORE Uc #01782475 16835 Algonquin Street d 172, Huntington Beach, CA 92649-3825 Office (714) 377-1181, ArbordaneQyatoo.com 1 TABLE OF CONTENTS rrs Objective Limitation 3 Definition of Mature Trees --- inventory of Mature trees 3 3 Comments- 4 Pruning Information on Mature Trees 5 Pictures of the Mature Trees 5 Job site and owners contact information- 24 Consulted on lobs--- 25 Consulting Arborist Resume as 2 Objective: I met with William and Judith Hassoldt on 6/11/15 to discuss the trees that would have been mature at their home in Rolling Hills prior to 2009. A tot of the trees that are mature were planted In 1937. Limitations This recommendation does not constitute a complete risk assnsment or warranty against continued decline or failure. Definition of Mature Trees - Recently planted trees & saplings; not fully established. (Generally capable of being transplanted or easily replaced.) -Young: Establishing; usually with good vigor, but as yet of limited significance in the landscape. -Early-Mature; established; normally vigorous & increasing in height. Of increasing landscape significance. - Mature; Fully established trees around the middle half of their usual life -expectancy; generally retaining good vigor and achieving full height but their crowns still spreading. -Late-mature: Fully established trees, retaining moderate vigor but with growth slowing. -Old: Fully mature trees in last quarter of their usual life - expectancy; vigor declining. - Ancient: Very old; low vigor; liable to decline. May include important Veteran Trees. inventory of Mature trees at the site: F T'X WD'X DIAMETER " 1. Olea europea, Olive 40'X30':.9",16",13", 10", 8" 2. Olea europea, Olive 45'X40'(14", 14", 14", 12" 3. Pittosporum undulatum, 20'X25'X6", 6", 6", 4", 4" 4. Eucalyptus sp. 70'x40' x34" 5. Washingtonia robusta 60' 6. Washingtonia robusta 50' 7. Laurus nobilis, Bay Laurel 20'X15' 8. Laurus nobilis, Bay Laurel 20'X1S' 9. Schinus molie, California Pepper 50'X40' 10.Pinus 60'X30'X18" 11.yucca 10'X8'X18", 9", 5", 3", 5", 4", 6", 8", 9" 12.Eucalyptus 1514301;16" 13. Pittosporum undulatum 20'X15'(6",9" 14. Pittosporum undulatum25'X20'X17",16" 15. Pittosporum undulatum 20'X15'X9" 16. Pittosporum undulatum 20'X15'X11" 17. Pinus canariensis, Canary island Pine 50'X20'(20" 18.Pittosporum undulatum 33'X20'(13", 8", 13" 19. Eucalyptus 60'X40'(19" 20. Eucalyptus 50'(25'X13" Comments: Most of the trees inventoried had been pruned thereby the present height of the trees have been manipulated. 4 Pruning Information on Mature Trees http://mtnrr.treesaregood.coratre+ re/resources/Prunhng_Matureirees.pdt - On palm ti ees, no green palm fronds are to be pruned off as they are still part of the photosynthesis process. - Mature trees are not as vigorous as young tress and cannot take too much stress. One of the stresses is too much. priming at one time. - The £mine (hormones) to heal wounds are in the smaller branches so large pruning wounds are not recommended. Pruning techniques will be followed from Structural Pruning, A Guide for the Green Industry 2013. No more than 15 percent of the forge is to be pruned et one time. Pruning is to be supervised by s Certified Arborist. - Any work is to abide by the current ANSI specifications. - It is recommended that any removal ar pruning of trees cheek with the City if a permit is ner:ecary before starting the pnaning project If there is any stump grinding that is going to be done bele* ground Dig Alert is to be notified. - An ISA Certified ied Arborist Utility Specialist is needed when trees are near or touching electrical lines. 1. Olea europea, Olive 40'X30'X9", 16", 13", 10", 8" M tar s Tl e. 6 3. Pittosporum undulatum, 20'X25'X6", 6", 6", 4", 4" 4. Eucalyptus sp. 70'X40'X34" Illatu_? _:' 9 5. Washingtonia robusta 60' 6. Washingtonia robusta 60' rift.' ". d•e T '_'e s. OJniiy D;a5 F ~;-.7A:s zre 6.3 _ i ti .W ; off. P£dr tisEy grew. tr oo.ds will be L ft en. to 10 7. Laurus nobilis, Bay Laurel 20YXl5' 8. Laurus nobilis, Bay Laurel 20'X15' 11 9. Schinus rnolle, California Pepper 50'X4►' 12 11.Yucca IO'X8'X18", 9", 5", 3", 5", 4", 6", 8", 9" 14 • Pe 13. Pittosporum undulatum 20'X15'X6",9" .a. .w. 4 16 Trees 19 and 20 are considered separate trees for they have their own basil flare to the roots. 23 SITE ,WCATiON AND CONTACT INFORMATION Owner: William and Judith Hassoidt, AMA LLC lob location: 15 PorepgaeseBend road, Raffling Bilis, CA 90274 Parcel 7569-014-007 Cell (310) 567-3141, Home (310) 3774114 24 42,2.. Specializing in establishing trees, Soil Science, monitoring soil moisture, troubleshooting, and tree appraisals/inventories. DANE S. SHOTA CERTIFIED ARBORIST HAS CONSULTED ON: ARMAGEDDON -A TOUCHTONE RELEASE BERTH 93 - PORT OF LOS ANGELES BOEING - LONG BEACH CABRILLO BEACH -SAN PEDRO DALE VS. LA. OTY DEFENCE FUEL REGION WEST- REMEDIATION OF MIRE IN SAN PEDRO ECNO PARK LAKE - LOS ANGELES HUNTINGTON BEACH -PYTOREMEDIATION GORDON GIBSON CONSTiUCUON-SANTA MONICA GUASTI WINERY -ONTARIO LA. QTY HALL LA. CRY VS. LA. COUNTY UTILE CD. OF MARY HOSPITAL- TORRANCE LOYOLA MARYMOUNT COLLEGE- WESTCHESTER U3E VS 0E401 HOTEL -SANTA MONICA NORWALK TANK FARM-REMEDLATION OF MTBE & 1.2 DCATOKICTTY PALS VERDES HOA PASADFNATOURNAMENT OF ROSES CORPORATE BUILDING -PASADENA PEGASUS SCHOOL- HUNTINGTON BEACH PORTS 0' CALL- SAN PEDRO RONALD REAGAN FEDERAL BUILDING - SANTA ANA SAMSQUB- FOUNTAIN VALLEY ST. REG6 MONARCH BAY -DANA POINT STUART UTILE-THE MOVIE THE WATERFRONT BEACH RESORT- A HILTON HOTEL HUNTINGTON BEACH TOYOTA TRUCK BED DIVISION - DOWNEY TRI-POINTE HOMES WALT DISNEY CONCERT HALL - LA WAYFARERS CHAPEL - PALDS VERDES WESTFIELD SHOPPING CENTER -CANOGA PARK 25 Dane S. Shota PROFILE 16835 Algonquin Street 0172 Huntington Beach, CA 92649-3825 Office: (714) 377-1181 arbordanet yahoo.com http://www. finkedin.comipub/dene-s-shotat22Ja681912 Result -oriented individual with over 28 years of professional experience in project management covering the landscape and agribusiness industries. Consultant for nursery, landscape, and tree orchard industries. Introduce unique approaches to project management and problem -solving which Includes incorporating macroeconomic forces, business excellence, and financial modeling to bring measureable results to projects and processes. • Facilitates complex decision -making • Leadership experience processes • Continuous improvement • Solution -oriented project management • Agribusiness and operations excellence • Cognitive agility • B.S. Ornamental Horticulture, Business Social agility Minor • Knowledge of real estate business • Licensed Real Estate Agent • Consultant for plant/soil health • HorticulturistlCertified Artwrist • Highly motivated individual CAREER Dane S. Shota t Associates — 2003 to puosemt President, Owner, and CEO — Huntington Beach, CA Speaker for other Atborists for 'Ground up Approach' dealing with moisture sensors and lab testing • Guest speaker for Cal Poly Pomona's students and PAPA for 'Trouble Shooting in the Landscape' and BloLife Complex Oversee and troubleshoot the work of landscape contractors and landscape architects - Landscape Architect soil specifications Use of cutting edge soil technology to transition from synthetic fertilizer to organic fertilizer Able to get organic fertilizers to work by getting the soli sustainably healthy Transform subsoil Into soli plants will flourish Turn plants around that could not grow well with recommendations from the soil lab Into soil that plants will flourish Biotrfe Complex expert Soil Permaculture expert Overlook and monitor the transplantation of large specimen trees Care for trees with moisture sensors Pre and post landscape construction, planting, planning, and repair Tree inventory and appraisals 26 Tree selection for site development Installation of tree nursery Irrigation Phytoremedlation with the use of trees Tum plants healthy in the nursery where plants will not respond from fertilizer applications Buying and selling of nurseries. Nursery stock cost estimations Previous plant broker for commercial and governmentjobs. Orange Coun y Nursery -1983 to 2003 Senior Sales Representative f Consuiting Arborist — Moorvsrh, CA #1 Sales Representative in southern California Instructed nurseries and landscape contractors about the growth and development of trees, troubleshooting and landscape problems Advisor on product lines grown in the nursery Marketing specialist vAth goal of increasing product sales; Expanded new sales territories bringing in new clients Worked trade shows and attended trade dinner meetings es guest speaker and musk: performer Corey's Nursery — 9882-9P88 Foliage Plants Sales Representative — Claremont, CA Opened up central coast sales territory Brought In corporate sales accounts Sold out inventory Monrov?a Nursery Company Inc. —1982 intern — Azusa, CA Worked all aspects of nursery from propagation, distribution, and sales Learned to successfully communicate vAt h workers in Spanish EDUCATION B.S. Ornamental Horticulture, Business minor, California Stabs Polytechnic University Pomona, 1983 PROFESSIONAL LICENSEES, COMMITTEES AND SKILLS Conversational Spanish -language skills Knowledge o! Excel and MS Cffice, Power point, and Acrobat Certified Arbortst #WE3436A, Member of the international Society of Arborleulture Entrepreneurial: ial: Established business, Dace S. Shots & Associates Real Estate licensee #61782473 Coomercla!P,esdential Member of the Commercial AStzacs of t reege County 27 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 H. Arborist Report of Mr. William McKinley June 17, 2015 THIS PAGE INTENTIONALLY LEFT BLANK �z� 4 McKinley & Associates (818) 240-1358 June 17, 2015 Ms. Diana Nuccion 18 Portoguese Bend Rolling Hills, CA 90274 Dear Ms. Nuccion: Recently you contacted me regarding concerns over the growth of your neighbor's trees and how they were impacting your view. 1 was asked to inspect the trees and provide my observations and recommendations. The following letter summarizes my findings: Background At our meeting on Monday, June 15, 2015 at approximately 4:30 p.m. you directed me to the back yard of the property at 18 Portoguese Bend, Rolling Hills. I was guided to the pool deck/patio arca where you pointed out the various trees which were obscuring and blocking your view looking to the north. I was told that there has been an ongoing dispute over the neighbor not trimming and maintaining the trees at the property at 15 Portoguese Bend immediately to the north of your property. You explained that the City has a view ordinance which requires the trees to be trimmed and lowered to allow for view. I was told that there is one exemption where trees which are determined to be mature are exempt from this trimming requirement. You told me that the new neighbors at 15 Portoguese Bend acquired the property in 2012 and that prior to that time the trees on that property had been properly pruned, lowered and maintained. 1 was instructed to prepare a brief letter documenting my observations and recommendations. Observations The subject property is in a private gated hillside community. Despite the highly developed appearance of the area there are still remnants of native shrubs and trees in the ravines and adjacent natural areas. The subject property is very clean and well maintained including the trees and the landscape. While standing on the pool deck and patio of the subject property I was directed to view the neighboring arca on the northwest sidc. 1 could see Eucalyptus, Olive and Victorian Box Pittosporum trees growing along the neighbor's property on the west side. These trees were overgrown and clearly had not been trimmed and maintained in years. Looking further to the northwest I could see a large Eucalyptus tree, possibly a Red Gum, near a utility pole 1 was told that this tree encroached inside the area which is rnandated to be cleared by the local utility and fire department. Victorian Box Piltosporum trees growing on the northwest side varied in health. Several trees had yellow, sparse foliage indicating stress. Looking north 1 noted that there Arborists and Environmental Consultants 4 McKinley & Associates (818) 240-1358 Observations -Continued were 2 large Olive trees. One grows near the neighbor's chimney and one appears to be growing over and near thc neighbor's roof. Both appear to be in violation of vegetation clearance requirements set by the fire department. While looking northeast I was able to observe 2 large Mexican Fan Palms cast of the Olive trees. The crowns were full of dead, dry fronds and infructescenses. The California Pepper viewed in the northeast area was overgrown and very dense. I was only able to view the trees from the deck and from the easement area between the properties and the street. 1 did not enter the neighbor's property at any time. Based upon what 1 was able to observe the neighbor's trees were still actively growing and therefore in my professional opinion they were still maturing and had not reached the mature stage. The growth that I was able to observe since the last time the trees were trimmed extended as much as 15 to 20 feet beyond the previous pruning cuts. The trees are clearly not being maintained and arc not only blocking views of the surrounding area from.the subject property but they are in some cases so overgrown that they impact nearby utility wires and pose a potential fire hazard. Recommendation After inspecting the trees I would recommend that the trees be trimmed and lowered to where they had been previously pruned to back prior to 2012. If possible crown reduction should be performed whereby side lateral branches become thc new top of the tree rather than simple topping. The lowering of the crowns will not cause the trees to die if the trees are trimmed in the late fall or early winter and if they are kept properly watered and hydrated. The Mexican Fan Palms need to have the crowns cleaned and the dead fronds and infructescenses removed so that they do not attract rats and vermin and do not pose a potential fire hazard. All tree work should be performed under the supervision of an I.S.A. Certified Arborist and should attempt to follow ANSI A-300 Pruning Standards. Summary/Conclusion In summary, the trees growing on the neighboring property at 15 Portoguese Bend generally appear to be maturing trees and thus they are still subject to the City view ordinance requirements. These trees have not been pruned and maintained since the property was last purchased in 2012 and they are clearly overgrown and have not been maintained. There arc fire code and utility clearance code issues which must be addressed through pruning of the trees. All trcc work should be performed under the supervision of an I.S.A. Certified Arborist and should attempt to follow ANSI A-300 Pruning Standards. If the trees arc pruned in the late fall or early winter and are kept well watered and hydrated then they should continue to grow and thrive. Arborists and Environmental Consultants 4 McKinley & Associates (818) 240-1358 Limitations Information contained in this letter covers only those items that were examined and reflects the condition of those items at the time of inspection. The inspection was limited to visual examination of accessible items. Arboriculture is not an exact science. Observations and opinions expressed here are based upon the latest university and scientific information available. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the trees or property in question may not arise in the future. Thank you for the opportunity to serve you and your environmental and horticultural needs. If you have any further questions, please feel free to contact me at on my business cell phone at (818) 426-2432 or you may call my office phone at (818) 240-1358 and leave a message. Yours truly, William R. McKinley, Consulting Arborist American Society of Consulting Arborists Certified Arborist # W E -4578A Intonational Society of Arboriculture Arborists and Environmental Consultants From: "McKinley, William" <WMcKinlevna,GlendaleCA.GOV> Date: June 29, 2015 at 2:12:15 PM PDT To: Stephen Nuccion <snuccione,vahoo.com> Subject: RE: 18 Portuguese Bend Road Hi Stephen! I am swamped. 1 cannot write any more reports at the moment. It may be 2 months before 1 can catch up. To answer your question, different Cities have different sizes for trees defined as mature and or protected based upon some level of maturity. Trees basically continue to grow and expand until they reach their peak. That peak will vary based upon species, site conditions and water availability. Generally speaking most Cities start considering trees as approaching maturity when they reach between 8 and 12 inches in diameter at D.B.H. (Diameter Breast Height or Diameter as measured 4.5 feet above the ground). The trees were obviously still growing in 2009 and they continue to demonstrate that they are growing and have vigor today. Since they are still growing they continue to be maturing and have not reached their peak or zenith. 1 would say for this reason they are not yet fully mature. 1 will not be available anytime soon for any hearings. My schedule is just too full. I hope this explanation is sufficient to forward to this board of review. Best Wishes! William R. McKinley, Consulting Arborist 4 McKinley & Associates American Society of Consulting Arborists Certified Arborist #WE -4578A International Society of Arboriculture THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 I. Arborist Report of Mr. David De La Tone September 2, 2015 @ID- THIS PAGE INTENTIONALLY LEFT BLANK DaYid De La Torre Certified Arborist Consulting RECEIVED Report SEP 0 2 2015 City of Rolling Hills By 15 Portuguese Bend Rd. Rolling Hills, Ca. 90274 Table of Content Scope of work p. 1 Tree List p. 2-3 Determining the age of trees p. 4 Tree Description p. 5-6 Conclusion p. 7-9 Calculation p. 10-12 Tree Photos p. 13-37 Recommendation p. 38-39' Scope of Work The City of Rolling Hills seeks a licensed arborist trained by the International Society of Arboriculture to develop a report for presentation to Committee on Trees and Views. The report is to evaluate 11 trees on the property at 15 Portuguese Bend Road and advice the committee whether those trees were "Mature" or "Maturing in the year 2009, when the owners of 18 Portuguese Bend acquired the property. The eleven trees on the property of 15 Portuguese Bend Road have been identified as in the line of sight of and blocking the city light views. Per Exhibit B, the trees are numbered 1-9A. The report should be detailed to identify, tree by tree and the justification for identifying each tree as "Mature" or "Maturing. The final report is to be presented at an initial meeting attended with the Committee on Trees and views. 1 Tree List # 2 Eucalyptus Camaldulensis # 3 Washingtonia Robusta # 3A Washingtonia Robusta # 4 Eucalyptus Rudis # 4A Olea Europaea # 5 Eucalyptus Camaldulensis # 6 Shinus Molle # 6A Shinus Molle # 7 Olea Europaea #9 Olea Europaea # 9A Olea Europaea 2 ( 1 Determining the age of trees Determining the age of tree involves several different methods. 1. If possible determine when the trees were planted. 2. Multiply the diameter by the growth factor : >Measure the trunk width at 4.5 feet off the ground. Calculate the diameter (circumference divided by 3.14 Pi) >Multiply the diameter and the tree species' average growth factor = estimate of age 3. Use of Increment Borer tool: this will take a small sample from the tree bark to the pith (tree centre). It's a way to count the tree's rings without cutting down the tree. 4. Felling the dead tree: by cutting the trunk you can count the growth ring to determine the age. This is method is used primarily for dying or dead trees. 5. Measure the circumference of the trunk at 4.5 feet off the ground and multiply by 1= estimate of age. In determining the age of the trees, the history of the initial planting of the trees was unavailable due to newer ownership of the property. Method 2 and 5 was the method 1 used to determine the age which involved the least amount of disturbance to the trees. 4 Tree Descriptions Eucalyptus Camaldulensis / Red Gum Eucalyptus: 45' — 150' Height / 45' — 105' Spread Median Sized Leaves / Bark: Long, slender, lance shaped, pendulous, green leaves. Trunk is tan, mottled (smooth,white,cream and pale grey with yellow,pink or brown patches. Flowers/Fruit are white to pale yellow, small capsules. Eucalyptus Rudis / Flooded Gum Eucalyptus: 30'- 60' Height / 24'-40' Spread Median sized Leaves / Bark: Juvenile leaves are oval, Grey green to green leaves, 4"- 6", lance shaped leaves. Rough bark, persistent, dark gray brown, with fine fissuring which extends to the large branches. Flowers / Fruit: white flower clusters, small 34" wide capsules with flat discs. Olea Europaea / Olive: 25'-30' Height / 25'-30' Spread Slow Growth Leaves / Bark: Willow like foliage is soft gray green. Trunk is smooth gray and branches become gnarled and picturesque in age. Schinus Molle / California Pepper: 25'- 40' Height / 25'-40' Spread Small to Median Sized Leaves / Bark: Trunks of old tree are heavy and fantastically gnarled, with knots and burls that often sprout leaves and small branches. Heavy green leaves with many narrow leaflets to 2" long, dropping 4- 5 yr- Tree Descriptions 6inch clusters of tiny yellowish white summer flowers. Rosy berries in fall, winter Washingtonia Robusta / Mexican Fan Palm: up to 100' tall, 10' wide leaf stalk cluster,trunk is slightly curved or bent depending on wind conditions, slimmer than the W. Filifera. Head of bright green foliage is more compact, leaf stalks are shorter, with a red streak on the undersides. Source : Sunset Western Garden Book 2001 Edition IL Conclusion On July 16, 2015 a survey was conducted at 15 Portuguese Bend Rd. Rolling Hills Ca. to determine whether a list of trees provided by the City of Rolling Hills (Per Exhibit B) are protected under the Municipal Code Chapter 17.26 Amendment Measure B. Upon the verification of species, measuring and calculations of the trees, the conclusions are as followed. Trees #2, #3, #3A, #4, #5, #6, #6A, #9, #9A have been determined to have reached their "MATURE" life cycle stage. These trees are considered protected under the Municipal Code Chapter 17.26 / Amendment Measure B. Trees #2, #3, #3A, #4, #5, #6, #6A, #9, #9A show signs of "TOPPING" trim method prohibiting the tree's "NATURAL" height potential. Topping of tree branches cause a "WATERSPROUT" growth condition. Watersprouts are a condition of multipal, vigorous, epicormic growth sprouts competing for dominance. Watersprouts are normally weak attachments. Structural pruning is necessary to correct the problem. Trees #4A and #7 have been determined to have "NOT" reached their "MATURE" life cycle stage. These trees are "NOT" protected under the Municipal Code Chapter 17.26 / Amendment Measure B. Trees #4A and #7 show signs of previous felling cuts at ground level causing new watersprout / sucker growth. New growth has "NOT" reached their "MATURE" life cycle stage. Conclusion In determining the age of the trees my best educated guess using methods 2 and 5 are as followed. Keep in mind that the climatic and environmental conditions factor into the development of the trees and therefore some though planted in the same time period may result in size differentials. Tree #2 : Eucalyptus Camaldulensis was 86 years old in 2009 Tree #3 : Washingtonia Robusta was 44.25 years old in 2009 Tree #3A : Washingtonia Robusta was 44.3 years old in 2009 Tree #4 :Eucalyptus Rudis was 120 years old in 2009 Tree #4A : Olea Europaea was 17 years old in 2009 Tree #5 : Eucalyptus Camaldulensis was 46.75 years old in 2009 Tree #6 : Schinus Molle was 30 years old in 2009 Tree #6A : Schinus Molle was 28 years old in 2009 Tree #7 :Olea Europaea was 15 years old in 2009 Tree #9 :Olea Europaea was 141 years old in 2009 Tree # 9A :Olea Europaea was 115 years old in 2009 8 Conclusion Although trees 2,#3,#3A,#4,#5,#6,#6A,#9,#9A have reached their mature state they will benefit from corrective crown restoration trimming techniques to remove watersprout condition and provide the structural integrity of the trees and prevent weak branch attachment from detaching causing safety concerns. These techniques are described in the recommendation portion of this report. Trees #4A and #7 that are "NOT" protected under the Municipal Code Chapter 17.26/ Amendment Measure B and are still maturing would also benefit from the crown restoration trimming technique if there is a desire to keep them or remove altogether if necessary. 9 Tree Calculations # 2 Eucalyptus Camaldulensis; Current estimated height 60' Circumference: 115" Calculation #1: 115"C x 1= 115 yrs. minus 5 yrs. = 110 yrs Calculation #2: 115"C divided by 3.14 = 36.5" D x 2.5 Growth Factor = 91.5 yrs. Minus 5 yrs. = 86 yrs. # 3 Washingtonia Robusta; Current estimated height 50'-55' Circumference : 62" Calculation #1: 62"C x 1= 62 yrs. minus 5 yrs. = 57 yrs. Calculation #2: 62"C divided by 3.14 = 19.7"D x 2.5 Growth Factor -49.25 yrs. Minus 5 yrs. = 44.25 yrs. # 3A Washingtonia Robusta; Current estimated height 50'-55' Circumference: 65" Calculation #1: 65°Cx 1= 65 yrs. minus 5 yrs. = 60 yrs. Calculation #2 : 65°C divided by 3.14 = 19.7"D x 2.5 Growth Factor = 49.3 yrs. Minus 5 yrs: 44.3 yrs. # 4 Eucalyptus Rudis; Current estimated height 30'-35' Circumference: 158" Calculation #1:158"C x 1= 158yrs. minus 5 yrs. = 153 yrs. Calculation #2:158"C divided by 3.14 = 50.3"D x 2.5 Growth Factor = 125 yrs. Minus 5 yrs. = 120 yrs. 10 tso Tree Calculations #4A Olea Europaea; Current estimated height 17-20' Circumference : 24° C Multiple Trunks / Water Spouts Calculation #1: 24°C xl = 24 yrs. minus 5 yrs. = 20 yrs. Calculation # 2: 24°C divided by 3.14 = 7.6"D x 3 Growth Factor = 22.9 yrs . Minus S yrs. = 17 yrs. #5 Eucalyptus Camaldulensis; Current estimated height 60'-65' Circumference : 65" Calculation #1: 65°C x 1= 65 yrs. Calculation #2: 65°C divided by 3.14 = 20.7"D x 2.5 Growth Factor = 51.75 yrs. Minus 5 yrs. = 46.75 yrs. # 6 Schinus Molle; Current estimated height 20'-25' Circumference : 45" Calculation #1: 45°C x 1= 45 yrs. Minus 5 yrs. = 40 yrs. Calculation #2: 45"C divided by 3.14 = 14.3"D x 2.5 Growth Factor = 35.75 yrs. Minus 5 yrs. = 30 yrs. # 6A Schinus Molle; Current estimated height 15' Circumference : 42" Calculation #1: 42°C x 1= 42 yrs Minus 5 yrs. = 37 yrs. Calculation # 2: 42°C divided by 3.14 = 13.37°D X 2.5 Growth Factor = 33.4 yrs. Minus 5 yrs. = 28.4 yrs. 11 Tree Calculations #7 Olea Europaea; Current estimated height 25' Circumference: 21" Calculation# 1: 21°C x 1= 21 yrs. Calculation #2: 21"C divided by 3.14 = 6.68"D x 3 Growth Factor = 20.04 yrs. Minus 5 yrs. = 15 yrs. 9 Olea Europaea; Current estimated height 50' Circumference: 153" Calculation #1:153"C x 1= 153 yrs. Minus 5 yrs. = 148 yrs. Calculation #2: 153"C divided by 3.14 = 48.7"D x 3 Growth Factor = 146.1 yrs. Minus 5 yrs. = 141.1 yrs. #9A Olea Europaea; Current estimated height 50' Circumference: 126" Calculation #1:126"C x 1= 126 yrs. Minus 5 yrs = 121 yrs. Calculation #2: 126"C divided by 3.14 = 40.1"D x 3 Growth Factor = 120.3 yrs. Minus 5 yrs. = 115.3 yrs. 12 Eucalyptus Camaldulensis ( Red Gum) along roadway easement -front Eucalyptus Camaldulensis ( Red Gum ) show signs of "Topping" cuts Tree # 4 Eucalyptus Rudis ( Flooded Gum ) —S/W corner of lot 18 Eucalyptus Rudis ( Flooded Gum ) S/W Corner of Lot Olea Europaea (Olive) SW of Property Olea Europaea (Olive) SW of Property / volunteer growth Eucalyptus Camaldulensis (Red Gum) N. of garage 16, Eucalytis Camaldulensis ( Red Gum ) N. of garage Eucalyptus Camaldulensis (Red Gum) N of garage Eucalyptus Camaldulensis (Red Gum ) N. of garage Tree # 6A •r Schinus Molle ( California Pepper) Inside fence along roadway 2 ��"��jf, 1 �XJ.yyS i'I'Yr 29 Schinus Molle ( California Pepper ) Along Front Lot Olea Europaea ( Olive) Along front S/E corner Tree#7 Olea Europaea ( Olive) Along front S/E corner 32 Olea Europaea (Olive) N. Lawn area Recommendation Trees #2, #3, #3A, #4, #5, #6, #6A, #9, #9A require trimming to ISA Standards. Using crown thinning, vista pruning, crown reduction and crown restoration will insure the integrity of tree structure. These trees have been previously topped and have sprouted vigorous waterspout limbs. Crown restoration will improve their structure and appearance. Crown restoration consists of the selective removal of some watersprouts, stubs and dead branches to improve a tree's structure and form. Choose one to three sprouts from the ends of damaged branches to become permanent branches and to form a more natural appearing crown. Selected vigorous sprouts may need to be subordinated to control length growth and ensure adequate attachment for size of sprout. In some cases heading cuts are used to initiate new shoot development from a damaged branch as an alternative to removing the branch altogether. Restoration usually requires several pruning's over a number of years. Trees #4A and #7 could be removed is so desired or would also benefit as well from crown restoration trimming techniques Source; International Society of Arboriculture / Arborist Certification Study Guide 38 i rterkrort,wenbiss Thinning out Is also known es selective cutting or droperotching. It Involves complete removal of a branch back to the main stem, or to another lateral branch, or to the point of origin. With thinning out, the overall general shape of the tree Is kept. Pruning wounds we closer to the stem and heal more rapidly. In addition, stimulation of new growth Is distributed over many growing points. Topping is a more severe type of pruning and consists of cutting the top of a tree in a "flat -top" or "snowball -cone" shape. With topping, enacts will be far more negative. Numerous new shoots will develop rapidly, producing many fast-growing, succulent sprouts. The tree will appear bushy, and the new shoots will generally form more structurally weak Junctures with the main branch of the limb. Branches will tend to angle up very closely to the tree trunk, producing weak crotches. 39 "0-9 Agenda Item No: 6-A Mtg. Date: 10/24/16 J. Correspondence submitted by Mr. Howard Weinberg on June 13, 2016 including Declarations of James Roberts and Sean Cardenas; and Report on Satellite Images and Tree Heights THIS PAGE INTENTIONALLY LEFT BLANK The Weinberg Law Group June 13, 2016 Via Email and Hand Delivery City Council City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: 18 Portuguese Bend Rd. (Nuccion) - Appeal Regarding Resolution by Planning Commission CTV Councilmembers: We represent Steven and Diana Nuccion, Trustees of The Nuccion Family Trust, under trust dated October 2007 (the "Nuccions"), the owners and residents of 18 Portuguese Bend Road (the "Property") in the City of Rolling Hills. On April 24, 2014, the Nuccions filed a view impairment claim against the owners of 15 Portuguese Bend Road, Rolling Hills (the "Hassoldts"), consistent with Section 17.26 (the "View Restoration Law") of the Rolling Hills Municipal Code ("RHMC"). The Tree and View Committee has conducted a series of public hearings on the matter. At the City Council hearing on April 25, 2016, this City Council voted to make the required findings and draft a resolution granting to the Nuccions a view restoration determination. During that hearing, the counsel for the Hassoldts made arguments that, at least in his mind, the Nuccions bad not established that in 2009 they had a view that was not obscured and should be protected. In response to those arguments, this letter provides the City Council with additional substantial evidence that in 2009 the Nuccions did, in fact, have a significant view across the Hassoldt property that was not obscured and should be protected. RECEIVED JUN 13 2015 City of Holing Hills By City Council City of Rolling Hills June 13, 0216 Page 2 One of the Photographs in the Nuccion Application was Incorrectly Labeled 2010, but was Actually Dated 2011. The Hassoldt's counsel correctly identified during the Apri125, 2016 hearing that one of the photographs in the Nuccion Application was incorrectly labeled 2010, when in fact that • photograph was taken in 2011. This photograph is attached to both Declarations that are included with this letter. We apologize to the City Council for the confusion caused by this innocent mistake. The Nuccions honestly believed that photograph was from the summer of 2010, until the Hassoldts pointed out that the meta -data embedded in the electronic version of the photograph showed it was taken in 2011. After that hearing, the Nuccions reviewed that pool photographs and all of the photographs on their computer from the same time period and have now confirmed that the Hassoldts are correct the pool photograph was taken in 2011. We cannot determine whether it was taken before or after pruning of some trees was done on the Hassoldt Property in 2011. However, this mistake does not diminish or change the primary facts that the Nuccions did have a panoramic and unobstructed view across the Hassoldt Property in 2009. The Nuccions have testified that they had a view. The Nuccions have provided prior photographic evidence of tree heights. The Nuccions have testified that the property, when sold to them in 2009 was advertised as having a panoramic view. That, together with all of the additional evidence included with this letter establishes unequivocally that such a view existed. Declarations from James Roberts and Sean Cardenas Proving the 2009 View. Attached to this letter as Schedule #1 is a Declaration from James Roberts. James is the son of Dr. Roberts, who lived at the Hassoldt Property until it was sold to the Hassoldts. Please review his Declaration. He states without reservation that the Nuccions enjoyed a protectable view in 2009. Attached to this letter as Schedule #2 is a Declaration from Sean Cardenas, a current resident of Rolling Hills and a member of the City's Planning Commission. Please review Sean's Declaration. He states without reservation that the Nuccions enjoyed a protectable view in 2009. Based only on these two Declarations, the City Council has clear and convincing evidence that Nuccions had the view they claimed from their property in 2009. City Council City of Rolling Hills June 13, 0216 Page 3 Additional Satellite Image Proof of the Tree Heights from 2007 to 2016. We again retained Anastasia Kostiuk, the same expert in photometric analysis presented at the April City Council hearing. Ms. Kostiuk was asked to review satellite images from the years 2008 through 2016 of the Hassoldt Property. We asked her to analyze these satellite images based on current known facts, distances, tree heights, etc., and then calculate for 4 particular trees, the height of each such tree during each of the different years. Attached to this letter as Schedule #3 is the report by Anastasia Kostiuk which details the results of her photometric analysis. In summary, the trees were significantly shorter in 2008 and 2009 than in 20111 and 2016. The evidence shows there was height reductions in the trees in 2011 or 2012. To confirm that her calculations of tree heights for prior years are accurate, Ms. Kostiuk used her measurement technique to measure the tree heights shown in the 2016 satellite images. Her calculated heights for the 2016 trees are very close approximations (within 3%) to the actual, measured heights provided by American Arbor Care in March 2016 when they went out and used lasers to measure each tree on the Hassoldt Property. This detail is included in the attached report. SAT IMAGES ACROSS TIME 2008 2009 2011 2012 2016 Calculated Calculated Calculated Calculated Calculated Tree 3 Comm Plana Height Height Height Height Height 1 Eueaypha (Red Gum) 0 0 0 0 0 2 Fan Patm 0 0 0 0 0 3 Fan Palm 0 0 0 0 0 4 California Pepper 13.2 17 23.6 16.6 24.1 5 Oliva 0 0 0 0 0 6 Cafifomia Pepper 0 0 0 0 0 7 Acacia 0 0 0 0 0 8 Olive 28.8 34.5 36.7 38.7 39.1 9 Olive 0 0 0 0 0 10 California Pepper 14.7 16.2 23.6 19.2 26 11 Eucalyptus (Flood Gum) 0 0 0 0 0 12 Eucalyptus (Red Gum) 50 58 63 58 69 13 Ofive 0 0 0 0 0 City Council City of Rolling Hills June 13, 0216 Page 4 The Nuccions have Met their Burden of Proof Regarding the View. The View Restoration Law at Section 17.26.090 requires the Nuccions to show that they have a view that is impaired. The specific requirement is "The burden ofproof to show that any view is impaired shall be upon the party claiming such impairment, and the standard shall be by "clear and convincing evidence". Evidence shall be weighted in the following order ofpriority:: (a) Photographs; (b) Expert testimony; and lastly (c) Other evidence." "Clear and Convincing Evidence" is not defined in the View Restoration Law, but in Califomia court proceedings, it means the party must persuade the decision maker that it is highly probable that the fact is true. Setting aside the mistake made with the 2011 photograph, the Nuccions have already provided clear and convincing evidence that they had a protected view in 2009. The additional Declarations and the Satellite image height calculations further prove that the trees in 2008 and 2009 were significantly shorter than they were in 2012 (even after being trimmed) and were dramatically shorter in 2009 than they are today in 2016. The Hassoldts Have Not Provided any Contrary Evidence About the View. It is true that the Nuccions carry the burden of proof to show that they enjoyed a view in 2009. This they have done. The Hassoldts have provided no contrary evidence that the Nuccion view was somehow impaired or limited. To the contrary, all that counsel for the Hassoldts has done in the prior hearings is to cast aspersions against the Nuccions, suggest that they are not truthful, take pot shots at the expert satellite photograph evidence, and state that one could imagine a world where there were tall trees on the Hassoldt Property in 2009, that were cut down just in the nick of time for the Nuccions to take photographs in 2011 and then lie that the 2011 view existed all along. None of this is evidence, it is the kind of chicanery a lawyer might use in court to impeach a witness or suggest to a jury that they could interpret evidence another way. The City Council, however, does not sit as a jury in a courtroom. Rather, the City Council is considering the Nuccion View Impairment application to determine if the Nuccions are entitled to have their view restored — in accordance with the requirements of the View Restoration Law. The City Council should consider the full group of all the evidence presented during the entire set of public hearings in this matter. City Council City of Rolling Hills June 13, 0216 Page 5 The Nuccions Have Provided Clear and Convincing Evidence of a View. The evidence shown to the City Council by the Nuccions (and the additional evidence in this letter) has all been provided in good faith and honestly. The City Council can weigh the veracity of the Nuccions and the others giving declarations or expert testimony. The weight of all of the evidence before this City Council certainly amounts to clear and convincing evidence that the Nuccions enjoyed an important and unobstructed view from their property in 2009. CONCLUSIONS. 1. The Nuccions had a protectable and panoramic view in 2009 — as established by substantial evidence in this long and extensive administrative record. 2. The additional substantial evidence included with this letter further bolsters the evidence in this administrative record that the Nuccions had a protectable and panoramic view in 2009. 3. This City Council can make all of the findings required by the View Restoration Law and should adopt the Pending Resolution to provide the Nuccions the requested view restoration. 4. The Pending Resolution proposed by staff in the staffreport provided for this June 13, 2016 hearing should be adopted by the City Council in its entirety. We very much appreciate your continued consideration of this matter. The Nuccions look forward to once again enjoying the unspoiled view from their Property. Sincerely, Th- Weinberg Law Grou C: Steven Nuccion Yolanta Schwartz City Council City of Rolling Hills June 13, 0216 Page 6 SCHEDULE #1 Declaration of James Roberts s DECLARATION OF JAMES C. ROBERTS DI 2 IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION 3 1, JAMES C. ROBERTS 111, declare as follows: 4 1. 1 am the son of Dr. James C. Roberts, Jr., who owned the home and real property 5 6 located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property") for many decades until my father sold that home to Mr. and Mrs. Hassoldt sometime in 2012. 811 2. I am aware that Stephen and Diana Nuccion have filed an application with the City 911 of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 3. I possess knowledge and experience with regard to the facts alleged by the Nuccions 10 11 in their view action. 4. The statements contained in this declaration are based on my personal knowledge 12 13 and experience. If called as a witness in alegal proceeding,1 could and would testify competently to those facts. 14 15 5. For at least the years 2005 through 2011,1 was personally involved in the care and 1611 maintenance of the trees located on the Hassoldt Property, in part because my father relied on me to 1711 help oversee the landscaping on the Hassoldt Property while he lived there during this period of time. 18 6. 1 cannot precisely remember the dates, but 1 am certain that during 2007 and 2008, 19 most of the tall trees on the Hassoldt Property were trimmed significantly, resulting in both a crown 20 21 reduction of those trees and in thinning of those trees. My father regularly had trees trimmed, for many reasons. He was actually well known among neighbors for his trimming, both of trees and of 22 2311 hedges. As a child not long after our family moved there, l fell from a tree in the back yard because 2411 a dead tree limb broke. I was unconscious for quite some time. The doctor diagnosed a severe 2511 concussion. At that point my father realized that he had to start taking care of the trees on the 26N property. He regularly trimmed trees he thought were "risky," or had them evaluated and trimmed, 2711 although his efforts were not always successful, given the number of trees on the property. On at 28 N least two other occasions our family suffered significant property damage, and risk of personal 1 DECLARATION OF JAMES C. ROBERTS 11I 1 injury, from such events. He was also aware of the risk that falling tree limbs from certain 2 Eucalyptus trees could bring down power lines or at least stop power, as happened from time to 3 time when falling tree limbs disrupted power by triggering some sort of "fail-safe" used by the 4 power company in relation to the power lines in the northern easement. Each time such an event 5 occurred he would inspect the trees or have the trees inspected and then either trim them himself or 6 have them trimmed. He regularly had the two Olive trees located immediately adjacent to the home 7 trimmed to permit more light into the home and to reduce debris falling from those trees, such as 8 dead leaves and overripe or rotten olives. He was the same way with the Eucalyptus trees on the 9 westerly and easterly parts of the Hassoldt Property because of a concern that those trees, or their 10 tree limbs, might fall, which could cause not only property damage for him and for neighbors but 11 also "third parties" who might be on Portuguese Bend Road when such an event occurred. 12 7. From mid -2008 until his death in March 2012, my father was ill and largely 13 restricted to a walker for short walks or a wheelchair. 1 recall that during that time I would take him 14 outside on frequent occasions. He and 1 would sit either on the front porch or in the back yard. 15 Residents will remember him sitting there quite often. Much of our conversation would be about 16 tree trimming and landscaping that he felt would have to be done. 17 8. 1 know that the Nuccions purchased the home at 18 Portuguese Bend around April 18 2009. 1 had known the Nuccions before they purchased their home and became friendlier with 19 them while they continued to work to finish their home that was in a state of disrepair in early 2009. 20 9. 1 visited the Nuccions on their property several times within the first 60 days after 21 they had purchased the home and at that time 1 was present in the back portion of their home, 22 around the swimming pool with the Nuccions. From that vantage point on the Nuccion property, l 23 could clearly see over the tops of the trees on the Hassoldt Property to the City View beyond them, 24 with an unobstructed panoramic view from approximately the telephone pole on the westerly side 25 to the far easterly side of the Hassoldt Property. 26 10. After the Nuccions moved in, over the next few years 1 visited them on several 27 social occasions during which we discussed tree trimming they would like to have done at some 28 point. When 1 conveyed these ideas to my father he was enthusiastic about having such work done. 2 DECLARATION OF JAMES C. ROBERTS 1(I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 My father's health was declining so his priorities changed. However, heknew and very much liked the Nuccions. 1 have no doubt that he would have approved of any such work both out of his concern for safety (and light going into the house) and his affection for the Nuccions. 11. Attached to this Declaration as Exhibit "A" is a picture from the Nuccions that they have informed me is from the summer of 2011. 17. My present recollection of the view from the Nuccion Property around May or June 2009 is that such view was better and even less obstructed than the view shown in the photograph from 2011. 13. 1 recall that the Nuccions had an arborist trim trees on the Hassoldt Property in the middle of 2011 and that my father wholeheartedly approved of and supported the Nuccions in having that trimming done. 14. I also recall that no significant tree trimming had occurred on the Hassoldt Property between the date the Nuccion's purchased their home and this mid -2011 trimming. 3 DECLARATION OF JAMES C. ROBERTS 11I 1 2 I declare under penalty of perjury under the laws of the State of California that the foregoing 3 is true and correct. Executed on this Cry of June, 2016 at 5 6 7 JAMES C. ROB RTS 111 8 9 10 11 12 13 14 15 16 17 18I 19 20 21 22 23 24 25 26 27 28 Signature Page DECLARATION OF JAMES C. ROBERTS III City Council City of Rolling Hills June 13, 0216 Page 7 SCHEDULE #2 Declaration of Sean Cardenas tt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SEAN CARDENAS IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, SEAN CARDENAS, declare as follows: 1. I own the home and real property located at 13 Portuguese Bend Road, in the City of Rolling Hills. I have owned this property since 2005. 2. My neighbors are the Hassoldts who now own the home and real property located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property"). 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. S. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009. 7. In either April or May 2009, after the Nuccions purchased their home, I, my wife, and my children went to the Nuccion home to deliver a housewarming gift and to welcome them to the neighborhood. During that visit to their home, we were invited into their back yard to see the pool and surrounding deck area. While on the pool deck, I remember looking to the north and north east over the Hassoldt Property. 8. The view from the Nuccion pool area was a broad (perhaps panoramic) view that was not obstructed by any trees on the Hassoldt Property. I distinctly remember noticing the one tree that did impair the view, and that was a pine tree located on 14 Portuguese Bend Road. The reason I know this is that, in 2009, my sister-in-law lived in the home at 14 Portuguese Bend Road. I recall thinking that my relatives were the only ones interfering with the wonderful view from the DECLARATION OF SEAN CARDENAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Attached to this Declaration as Exhibit "A" is a picture from the Nuccions that they have informed me was taken in the summer of 2011. 10. My present recollection of the view from the Nuccion Property in May 2009 is that such view was better and even less obstructed than the view shown in the photograph from 2011. /// /// /// /// /// /// /// 2 DECLARATION OF SEAN CARDENAS 1 2 3 4 5 6 7 8 9 10'� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 10th day of June, 2016 at Palo Alto , California. Signature Page DECLARATION OF SEAN CARDENAS City Council City of Rolling Hills June 13, 0216 Page 8 SCHEDULE #3 Report on Satellite Images and Tree Heights PHOTOMTERIC ANALYSIS Trees Located at 15 Portuguese Bend Road, Rolling Hills, CA May 12, 2016 Howard Weinberg The Weinberg Law Group 2550 Via Tejon, Suite 2B Palos Verdes Est., CA 90274 I have been retained by your firm to review certain satellite images (the "Sat Images") of trees located at 15 Portuguese Bend Road, Rolling Hills, Califomia (the 'Hassoldt Property' and determine, mathematically, what was the height of such trees on the date of the Sat Images. I have obtained from the data base known as Google Earth a chronological series of Sat Images of the Hassoldt Property, all of which are attached to this report as Schedule #1. The Sat Images are from 2008, 2009, 2011, 2012, and 2016. Each of these Sat Images shows all of the trees that are measured as shown below. The first image on Schedule #1 shows a screen shot from the Google Earth program. One will notice that in the top left corner of the screen shot, there is a chronology time line. Each separate year satellite image is available on Google Earth by moving along the time line and downloading the particular image desired. This particular screen shot shows the satellite image that is dated 2007. Thus, I obtained all of the dated Sat Images on which I based my analysis. You have also provided to me the following data on which I have relied to perform my analysis: (1) A aerial photograph and map of the property, with trees numbered 1 to 13 on such map, dated March 2016; (2) A tree survey list (that I am told is dated March 2016), that lists each tree shown on the map, as well as a height and canopy spread for each tree. I am informed that the height and canopy spread for these trees shown on the tree survey are based on field measurements performed by an arborist with a laser range finder, that established the heights and width to within a one -foot tolerance. Method of Analvsis. Attached to this report as Schedule #S is the series of topographic images and computer modeling that I developed as the base data for all of my measurements and conclusions. You have informed me that in my prior photographic analysis dated April 2016 created some confusion in the reviewer regarding the topographic map and base model. I am hopeful that the series of topographic images that are part of Schedule #3 make it more clear how my analysis begins with one of the Sat Images and then converts that image into a series of data points that are represented as a surface (see the all -silver images) that has the top -most height of each object as the representation of the surface. One metaphor that is not mathematical to describe the base topography model is for one to imagine that each tree, and roofline, and other objects are covered by a large piece of rubber. As that piece of rubber settles down onto the -top of each object, that object 'pokes into' the rubber, and so the only part of the object that is then visible in the topographic surface is the high point of the object that is touching the rubber.' 1 then applied the base topographic model to each of the Sat Images. In that way, I was able to measure an object in, for example, the 2008 Sat Image, based on the core model for the property developed as the topographical model. Thus, 1 created the series of tree measurements shown on Schedule #2. Each page of Schedule #2 is one of the trees on the Hassoldt Property. Each page has five thumbnail images, and each thumbnail image is extracted from the larger Sat Image (shown in Schedule #2). Each page also shows the thumbnail image from the larger topographical model from which the heights are measured. Each page has the tree image for the years 2008, 2009, 2011, 2012, and 2016. The mathematical modeling of these tree heights is reasonably accurate (plus or minus 2%). I confirmed that the mathematical modeling of these tree heights is correct, by comparing (A) the calculated tree height from the 2016 Sat Image to (B) the actual ground based measurements provide by the arborist In the table below one can see that the 2016 calculated heights match very well to the actual measured heights from the arborist. The computer software used in this analysis includes Fotoscan; AgiSoft Professional Edition ver.12.3; and Autodesk 31)s Max 2015 A summary table of each tree and its height is set'forth below. This table also includes the comparison of (A) the calculated tree height from the 2016 Sat Image to (B) the actual ground based measurements provide by the arborist. Based on all of the foregoing, it is my professional opinion that the height of each of the trees set forth below as depicted in the Sat Images from 2008, 2009, 2011, 2012, and 2016, are the heights in the table below. SAT SUTAGES ACROSS TIME 2808 2809 20':1 2012 2016 2010 Caicadeled Calculated Calculated Calculated C-^Jcideited Measured Trey # Common Mate iitizil Sight Height Height Heigtit Height Difference 1 Eucatyplta (Red Gran) 0 0 0 0 0 0 2 Fan Palm 0 - 3 0 0 0 0 3 Fan Palen 0 0 0 0 0 0 4 Caifcmia Pappe: 13.2 17 23.6 16.6 24.1 24.5 1.6% 5 Ofive 0 0 0 0 0 0 6 Callforria Pepper 0 0 0 0 0 0 7 Asada 0 0 0 0 0 0 8 Olve 28.8 34.5 38.7 38.7 39.1 39.5 1.096 9 Olive 0 0 0 0 0 0 10 Celifomia Pepper 14.7 18.2 23.6 19.2 26 26.5 1.9% 11 Eucahjahs (Flocd Gtan) 0 0 0 0 0 0 12 Eucalyptus (Red Gun) 50 58 63 58 69 69.4 0.6% 13 OIMa 0 0 0 0 0 0 Sincerely, !w rnastasia KO8tuk SCHEDULE #1 TO PHOTOMTERIC ANALYSIS Chronological set of Sat Images of the Hassodlt Property 2.030. January 2008 Sat Image August 2012 Sat Image 0 • 4�up 2012 04 e 1110'0 i7h 7 -vdters Hoeret,,A.. n:e �.I O Ctuosle aarth SCHEDULE#2 TO PHOTOMTERIC ANALYSIS Detailed Tree Measurements (2008) = 4,0 m = 13,2f z4 ROM) = 5,2 m = 17.0 f z4 (2011) = 7,2 m - 23,61 z4 (2012) = 5,0 m =16,6f z4 (2016) = 7.3 rn =24.1f mn Oi! ! al tir t x«'0 z8 (2008) = 8,8m = 28,8f z8 (2009) = 10.6 m = 34,5f z8(2011) = 11,2 m = 36,7f z8(2012) = 11,7m = 36,7f z8(2016) = 12,4m = 39.1f A11 _ 2139 _ „II 2012 2010 10 z10 (2008) = 4,5 m = 14,7f z10 (2009) = 3,3 m = 16,2f era z10 (2011) = 7,2 m = 23,6f 2011 z10 (2012) = 5,9 m = 19,2f z10 (2016) = 7.9 m = 26.01 1Du 2u15 12 z12 (2008) =15,2m = 50.01 z12 (2009) = 17.6m = 58.0f z12 (2011) = 192m = 63.0f z12 (2012) = 17,6m = 58.0f z12 (2016) = 20.9m = 69.0f ihN 2011 121E 201i SCHEDULE #3 TO PHOTOMTTERIC ANALYSIS Topographic Model Development - d THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A . Mtg. Date: 10/24/16 K. Summary of Nuccion digital photos submitted by Mr. Howard Weinberg on July 20, 2016 9® THIS PAGE INTENTIONALLY LEFT BLANK SUMMARY OF NUCCION DIGITAL PHOTOS July 20, 2016 The following List of photos shows the Image Number of the digital photo shared through Box.com and the cross reference to the Photos that are part of the January 30, 2015 (received February 4, 2015) Request for Hearing before the Committee on Trees and Views, submitted by the Nuccions (the 'Application"). A copy of the Request for Hearing is attached to this Summary. The Page numbers in the list below correspond to the page number in the Request for Hearing. Image Number Page # in Application Comments Metadata Date of Photo 0286 Not included View in 2010 Similar view of nighttime panorama shown in Image 3316 below. July 14, 2010 3316 3/19 Sept. 30, 2011 3809 4/19 Dec. 25, 2011 2451 5/19 March 21, 2011 7521 6/19 Jan. 26, 2015 4240 7/19 Oct. 11, 2012 7443 8/19 Jan. 23, 2015 3401 9/19 Note: Mistake in date written on July 18, 2011 photo in Application. Handwritten photo date shows July 2010 — actual date = July 2011 7213 10/19 Jan. 6, 2015 1597 11/19 ' ., • Note: Mistake in date written on July 2, 2012 photo in Application. Handwritten photo date shows July 2011— actual date = July 2012 7447 12/19 Jan. 23, 2015 13603 - 13/19 Note: The original digital image March 7, 2013 cannot be located. This image is nearly identical — and can be confirmed by the location of the garden hose resting on the pot. 7444 14/19 Jan. 23, 2015 1 Summary of Shared Photos - Nuccion - 7-18-16 4 . sv es. .. ;a..cg1Yf E • "i YF l rI Subject: RE: Hassoldt/Nucclon — Access to Nuccion Photos Date: Wednesday, July 20, 2016 1:35 PM From: Howard Weinberg <howard@weinberglaw.la> To: Hal Light challight@hjllaw.com> Cc: Yolanta Schwartz <ys@cityofrh.net>, "hluce@cityofrh.net" chluce@cityofrh.net>, Mike Jenkins <MJenkins@localgovlaw.com>, "Diana Nuccion (dnuccion@yahoo.com)" <dnuccion@yahoo.com>, Stephen Nuccion <snuccion@yahoo.com>, Patty Naegety <patty@weinberglaw.la> Mr. Light — This hyperlink: https://weinberglaw.box.com/v/Nuccion-Photos-7-20-16 will give you and anyone with the link access to a folder in Box.com that contains all of the original digital images (including meta data) that the Nuccions submitted to the City in their original view complaint application. For a concordance, I have prepared the attached summary of images, that match each digital image available in the Box.com folder with the photograph (by page number) of the items submitted to the City. I recognize that these photos are being made available 5 weeks after the City Council Hearing, rather than 10 days as the City had requested. There is still more than a month before we have to exchange evidence to be submitted to the next City Council hearing in late August. Nonetheless, if you would like, the Nuccions are willing to delay the next City Council hearing for an additional two weeks. Please advise if you would like to postpone the next City Council hearing. If so, wewillarrange-with the City Staffto put this matter on the next available City Council hearing date after that. Best regards, Howard Weinberg The Weinberg Law Group 2550 Via Tejon, Suite 28 Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howard@weinberglaw.la cmailto:howard@weinberglaw.la> From: Hal Light [mailto:hallight@hjllaw.com] Sent: Monday, July 11, 2016 10:42 AM To: Howard Weinberg choward@weinberglaw.la> Subject: Hassoldt/Nuccion -- Appeal From View Committee Resolution 2015-03-CTV Importance: High Mr. Weinberg, RECEIVED JUL 202016 City of Rolling Hills By At the June 13, 2016 meeting before the Rolling Hills City Council, you agreed (on behalf of the Nuccions) to provide to my office within 10 days digital copies (including the metadata) of all of the photographs that have been submitted in support of the Nuccions' view impairment complaint. It has been nearly a month and we have yet to receive those digital copies. Please see that the copies are immediately produced to my office and explain the reason for the delay at your earliest convenience. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hjllaw.com <mailto:hallight@hjllaw.com> This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. January 30, 2015 City of Rolling Hills View Impairment Committee 2 Portuguese Bend Rd Rolling Hills, CA 90274 RE: 18 Portuguese Bend Road -Impaired view Dear Committee Members; RECEtV Eu. • FEB 0 4 2015 City of Rolling Hills By We are filing a complaint against Mr. and Mrs. William Hassholdt, owners of 15 Portuguese Bend Road. We have enjoyed a panoramic view from our residence at 18 Portuguese Bend Road for many years, we bought our home in Spring of 2009. We have been trying to follow "neighborly" standards in offering to pay for the trimming of trees at the Hassholdt property for the last two years. To say we have had a difficult time would be an understatement. Many emails along with photographic proof were provided to the property owner. After being ignored,. we filed for mediation. The owners of 15 PBR signed a mediation agreement, then willfully disregarded it. We are now coming before the Committee for a judgement on our view. We are providing, to the best of our ability, before and after photos of our obscured view. There is a panoramic photo of city lights and a contrast photo of what we see now. There are fp)main sections of trees on the north side of our home that are creating a large L shaped curtain if front of our property, on the Hassholdt property; #1 is in the southwest corner of 15. It is a cluster of trees, eucalyptus and pepper but in addition, many volunteer trees. This area must be kept clear as they are interfering with the utility and power lines. #2 is another cluster of trees; palms and eucalyptus on the south side of the driveway at 15. The palms had, again, always been the tallest trees. They are now eclipsed by the eucalyptus to the north. #3 Easement trees along PB Road. These are a mixture of peppers and acacia trees. All have become overgrown. #4 is a "red" eucalyptus on the west side of the power pole (in easement between 15 and 13) it had always been far below the top rung of the power pole. #5 There are also two olive trees that are on the property. We are asking that the trees be kept at their "cut lines" that is very obvious to the naked eye, and the new growth be removed. 1/19 We have a bid from American Arbor. The scope of work was to be approximately $3800.00 and take ONE DAY of trimming. We have now spent far in excess of that and certainly hope any findings will be binding on the property. We do not intend to play this game with the Hassholdts again as this has been very stressful. Thank you for your time, L Diana an the Nu 18 Portuguese Bend Rd. Rolling Hills, CA 90274 310-377-4540 '2%19 RECEIVkid FEB 0 4 2015 City of Rolling Hills By 3/19 FEB 0 4 2015 City of Rolling Hills By r''''`• ' , J taZdiCso am! RECEIVED FEB 042015 City of Rolling Hills By FEB 042015 City of Rolling Hills By ) 0 fs. Mkt' Ca/WC f - lit' f I' • RECEIVED FEB 0 4 2015 City of Rolling Hills By t -eft re, r t / `'J C..(' A W RECEaVa FEB 0 4 2015 City of Rolling Hills By FEB 0 4 2015 City of Rolling Hills By 44011 r ��.aro eft NmisterriOlur 1, American Arbor Care R 2049 Pacific Coast Hwy. Suite 214 Lomita, CA 90717 Customer Diana Nucclon 18 Portuguese Bend Rd. RH, CA 90274 (310) 377-4540 ECEIVED FEB 0 4 2015 City of Rolling Hills By Proposal Date Proposal# 1/15/2014 1139 Jobslte 15 Portuguese Bend Rd. RH, CA 90274 Description iyr Rata rota (1) Eucalyptus In front of 13 Portuguese Bend Rd. - lace, shape, crown reduce & fertilize 850.00 850.00 Note: Euc is Infested w/ Lerp Psyllid (1) Eucalyptus along roadway easement - lace, shape, crown reduce & fertilize 750.00 750.00 (2) Washingtonla Fan Palms - trim 300.00 300.00 (1) Eucalyptus & (1) Olive tree in SW corner - trim to old cuts for view 300.00 300.00 (1) Eucalyptus by garage - lace, shape & crown reduce 400.00 400.00 (2) California Peppers - shape w/ crown reduction only 400.00 400.00 (1) Olive tree in SE comer - lace, shape & crown reduce 100.00 100.00 (1 ) Acacia in SE comer - lace, shape & crown reduce 100.00 100.00 (2 ) Olive trees in lawn lace, shape crown reduce & balance 625.00 625.00 Option: ( 2) Olive trees in lawn - remove w/stumps $1,500 Notes: stump grind is - 6-8" below grade option cost not included In total Total $3,825.00 'The above cost is based on the job being done in its entirety. Any modifications may result in a revised proposal. 'We remove any debris generated from our work. 'We are not responsible for damage due to hidden conditions. Especially under ground installations. *Payment is due upon completion of work performed. 'Quote is valid for 45 days only. In the event any decisions regarding final specifications for the above work need to be made, either now or while work is in progress, please print or type name & telephone number of the designated individual who will be empowered to make those decisions. Name Date Please indicate acceptance by signing this proposal and returning to the above address. Upon receipt, work will be scheduled to begin. Accepted by Date Brandon Gill Member of ISA Certified Arborist WE -6574A State Contractors License 814653 Phuna (310) 257-8686 Fx (310) 257-8666 stephanie13aac@gmail.com www.americanarborcare.net 15/19 FEB 042015 City of Rolling Hills By THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 L. Summary of Nuccion digital photos submitted by Mr. Howard Weinberg on September 12, 2016 THIS PAGE INTENTIONALLY LEFT BLANK SUMMARY OF NUCCION DIGITAL PHOTOS September 12, 2016 The following List of photos shows the Image Number of the digital photo shared through Box.com and the cross reference to the Photos that are part of the June 13, 2016 Staff Report for the City Council hearing held that day. A copy of the June 13, 2016 Staff Report is attached to this Summary. The Page numbers in the list below correspond to the page number in the Staff Report. Image Number Page it in Staff Report Comments Metadata Date of Photo 0 16 Image not found Printed copy only 4237 18 Same image as on page 67 October 11, 2012 0 19 Image not found Printed copy only 2324 21 February 20, 2011 3925 22 April 18, 2013 0 61 Image not found Printed copy only 0 62 Image not found Printed copy only 0 66 Image not found Printed copy only 4237 67 October 11, 2012 2451 70 March 21, 2011 7213 84 January 6, 2015 3603 87 Not identical — but obviously the same day picture — as confirmed by the shape of the garden hose draped over the urn in the image. March 7, 2013 Note: For the photos marked "Image not Found", we were unable to locate the original digital image. The only copies of these photos are paper copies. Accordingly, no metadata is available for these images. 1 Summary of Shared Photos - Nuccion - 9-1-16 -4, ‚SI C- rn 4- d- r, j dr -r Subject: RE: Hassoldt/Nuccion view Case Appeal Public Hearing Date: Monday, September 12, 2016 1:05 PM From: Howard Weinberg <howard@weinberglaw.la> To: Hal Light <hallight@hjllaw.com> Cc: Mike Jenkins <MJenkins@localgovlaw.com>, "hluce@cityofrh.net" <hluce@cityofrh.net>, Yolanta Schwartz cys@cityofrh.net>, Patty Naegely <patty@wei n berglaw.la> Mr. Light — Attached is a copy of the list of photos made available to you at this box.com file: https:// weinberglaw.box.com/s/dq31pul 9ga4dxvemz5xyj51 p5va09av 1 You can download all of the JPEG images listed, which contain the original metadata. As you can see on the list, some of the photos were not found on the data files and are available only as printed photos. For those items, no metadata is available. Howard Weinberg The Weinberg Law Group 2550 Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howard@weinberglaw.la <mailto:howard@weinberglaw.la> RECEIVED SEPI2 2016 City of Rolling Hills By From: Hal Light [mailto:hallight@hjllaw.com] Sent: Friday, September 09, 2016 4:18 PM To: Howard Weinberg <howard@weinberglaw.la> Cc: Michael Jenkins <MJenkins@localgovlaw.com>; Heidi Luce <hluce@cityofrh.net>; Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Mr. Weinberg, It is Friday afternoon and we have still not received the digital copies of photographs submitted to the City in support of the Nuccions' view complaint which you did not produce in July. You stated in your September 7, 2016 e-mail that the referenced photographs would "be produced this week". Are we going to receive them today? If not, when are you going to produce them? Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hjllaw.com <mailto:hallight®hjllaw.com> This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg [mailto:howard@weinberglaw.lal Sent: Wednesday, September 07, 2016 12:38 PM To: Michael Jenkins <MJenkins@localgovlaw.com>; Hal Light <hallight@hjllaw.com>; Heidi Luce <hluce@cityofrh.net>; Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing The photographs requested by Mr. Light will be produced this week. Assuming that we set the hearing for October 24, he should have plenty of time to utilize them for his evidence purposes. Best regards, Howard Weinberg The Weinberg Law Group 2550 Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howard@weinberglaw.la From: Michael Jenkins [mailto:MJenkins@localgovlaw.com] Sent: Wednesday, September 07, 2016 12:32 PM To: 'Hal Light' <hallight@hjllaw.com>; Howard Weinberg <howard@weinberglaw.la>; Heidi Luce <hluce@cityofrh.net>; Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing As I indicated previously, the burden of proof on this issue is with the Nuccions. When the hearing resumes, you are well within your rights to bring to thc Council's attention thc failure of the Nuccions to produce the photographs timely or at all. Mike Michael Jenkins JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448 - Fax: 310.643.8441 MJenkins@LocalGovLaw.com www.LocalGovLaw.com <http:// www.LocalGovLaw.com> This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. From: Hal Light [mailto:hallight@hjllaw.com] Sent: Wednesday, September 07, 2016 12:16 PM To: Howard Weinberg; Heidi Luce; Yolanta Schwartz (ys@cityofrh.net) Cc: Michael Jenkins Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Is Mr. Weinberg going to comply with his agreement to produce to my office digital copies of photographs submitted to the City in support of the Nuccions' view complaint which he failed to produce in July? If so, when will that occur? If not, why not? Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hjllaw.com <mailto:hallight@hjIlaw.com> This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg [mailto:howard@weinberglaw.la] Sent: Wednesday, September 07, 2016 10:22 AM To: Heidi Luce chluce@cityofrh.net>; I lal Light challight@hjllaw.com>; Yolanta Schwartz (ys@cityofrh.net) <ys@cilyufih.nel> Cc: Mike Jenkins <MJenkins@localgovlaw.com> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Heidi — 1 will be out of town for meetings on October 10 — can we please schedule the hearing for the October 24 meeting? Best regards, Howard Weinberg The Weinberg Law Group 2550 Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howard@weinberglaw.la From: Heidi Luce [mailto:hluce@cityofrh.net] Sent: Tuesday, September 06, 2016 2:25 PM To: Hal Light <hallight@hjllaw.com>; Howard Weinberg <howard@weinberglaw.la> Cc: Mike Jenkins <MJenkins@localgovlaw.com> Subject: Hassoldt/Nuccion View Case Appeal Public Hearing Good afternoon Mr. Light and Mr. Weinberg, Please be advised that the City intends to schedule the re -opened public hearing in the appeals of Committee on Trees and Views Resolution 2015-03-CTV for the limited purpose of receiving additional evidence and considering further, the sole issue whether a view existed at the time the Nuccions acquired the property at 18 Portuguese Bend Road, for Monday, October 10, 2016 at 7:00 p.m. in the City Council Chamber at 2 Portuguese Bend Road, Rolling Hills, CA. As per the original direction provided by the City Council, any additional evidence to be considered shall be provided to the other party and submitted to the City not less than 10 days prior to the October 10, 2016 public hearing — by 5:00 p.m. on September 30, 2016; any evidence not submitted by the deadline will not be considered. Sincerely, Heidi Heidi Luce, CMC City Clerk/Executive Assistant City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Fax: 310-377-7288 www.Rolling-Hills.org <http://www.Rolling-Hills.org> This Is a transmission from the City of Rolling Hills. The information contained In this email pertains to City business and is intended solely for the use of the Individual or entity to whom it Is addressed. if the reader of this message Is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. WARNING: Computer viruses can be transmitted by e-mail. The recipient should check this a -mall and any attachments for the presence of viruses. The CITY OF ROLUNG HILLS accepts no liability for any damage caused by any virus transmitted by this e-mail. al Resit gal INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7-A Mtg. Date: 06/13/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY NATALIE C. KARPELES, ASSISTANT CITY ATTORNEY SUBJECT: CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CI'V SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. DATE June 9, 2016 ATTACHMENTS: A) Complaint and Request for Mediation Application submitted by the Nuccions, April 24, 2014 (pages 11-34) B) Declaration of Mr. Martin Jimenez, October 15, 2015 (pages 35-36) C) Email Exchanges between the Nuccions and the Hassoldts (pages 3748) D) Nuccion's Request for Public Hearing, December 2Z 2014 (pages 49-72) E) Nuccion's Request for Public Hearing, February 4, 2015 (pages 73-94) F) Photograph received by the City on April 25, 2016 (pages 95-96) G) Arborist Report of Mr. Dane Shota, June 16, 2015 (pages 97-126) 11) Arborist Report of Mr. William McKinley, June 17, 2015 (pages 127-136) I) Arborist Report of Mr. David De La Torre, September 2, 2015 (pages 137-179) L ISSUE: At the conclusion of the public hearing and after considerable deliberation on the Nuccion's view application, on April 25, 2016, the City Council directed staff to return with a resolution declaring that the view from 18 Portuguese Bend Road is significantly impaired due to the trees located on 15 Portuguese Bend Road, and setting forth restorative action to abate the impairment. In the course of implementing that direction, the City Attorney and staff determined that it would be beneficial to introduce an intermediate step in the process in order to assure that the findings placed F C T A Ll \V • t I es* Vir • £il\ 6 : is, i6 ._ >r- �3.ci t� " ti.• J 4/21 Save home Save Image X Close I J tt/N"1 0 16111 just / THIS PAGE INTENTIONALLY LEFT BLANK S Agenda Item No: 6-A Mtg. Date: 10/24/16 M. Correspondence submitted by Mr. Howard Weinberg on October 14, 2016, including Declarations of Steven Nuccion; Diana Nuccion; Margaret Schmit; Suzanne Sussman; Keither Kelley; Karina Santana; Yasmine Ryan; Sean Cardenas; and James C. Roberts III THIS PAGE INTENTIONALLY LEFT BLANK The Weinberg Law Group RECEIVED OCT 14 2016 City of Rolling Hills By Via Email and Hand Delivery City Council City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: 18 Portuguese Bend Rd. (Nuccion) - Appeal Regarding Resolution by Planning Commission CTV Councilmembers: • October 14, 2016 We represent Steven and Diana Nuccion, Trustees of The Nuccion Family Trust, under trust dated October 2007 (the "Nuccions"), the owners and residents of 18 Portuguese Bend Road (the "Property") in the City of Rolling Hills. On April 24, 2014, the Nuccions filed a view impairment claim against the owners of 15 Portuguese Bend Road, Rolling Hills (the "Hassoldts"), consistent with Section 17.26 (the "View Restoration Law") of the Rolling Hills Municipal Code ("RHMC"). The Tree and View Committee has conducted a series of public hearings on the matter. At the City Council hearing on June 13, 2016, this City Council voted to make all but one of the required findings and draft a resolution granting to the Nuccions a view restoration determination. The City Council will reopen the public hearing in this matter on October 24, 2016 for consideration of a single issue —Have the Nuccion's provided reasonable evidence to the City that there existed a protected view in April 2009 when they purchased their home? In accordance with the requirements of the Council's direction from the June 13, 2016 hearing, attached to this letter is all of the new evidence that is not yet in the administrative file for this matter that the Nuccions would like the City Council to consider as part of their deliberations. Also in accordance with the City Council direction, copies of this new evidence is being delivered to Hal Light, counsel to the Hassoldts. City Council City of Rolling Hills October 14, 0216 Page 2 Attached to this letter is the following new evidence in this case for the City Council to consider: 1. Declaration of Stephen Nuccion, including exhibits. 2. Declaration of Diana Nuccion, including exhibits. 3. Declaration of Margaret Schmit, including exhibits. 4. Declaration of Suzanne Sussman, including exlibits. 5. Declaration of Keith Kelley, including exhibits. 6. Declaration of Karina Santana, including exhibits. 7. Declaration of Yasmine Ryan, including exhibits. 8. Declaration of Sean Cardenas, dated June 10, 2016. Note: This Declaration is already part of the administrative record, but we include it again here for the ease of the City Council reviewing all Declarations as an aggregate set of information. 9. Declaration of James C. Roberts III, dated June 9, 2016. Note: This Declaration is already part of the administrative record, but we include it again here for the ease of the City Council reviewing all Declarations as an aggregate set of information. Also attached to this letter is the unsigned copy of the Declaration of Yeong Yae Kim. Ms. Kim lives at 17 Portuguese Bend Road, and is the uphill neighbor of the Nuccions. I have been told that Ms. Kim is willing to sign the Declaration, but we are continuing to try and contact her to have her do so. Also, Ms. Kim has asked that we have the Declaration translated into Korean, her native language. We have done so. If we obtain Ms. Kim's signature on this Declaration before the October 24 hearing date, we will deliver the English -language version and the signed Korean -language version, with a certified translation stating that the English version has been accurately translated into Korean. We understand that if we do not obtain Ms. Kim's signature before the hearing, then this Declaration will not be one of the items of new evidence. However, if we do obtain her signature, we want the City Council to be able to consider this Declaration at the same time as all of the others. Also attached to this letter is the unsigned copy of the Declaration of Lianne Koeberle. I have been told that Ms. Koeberle is willing to sign the Declaration. However, due to recent medical issues, she has been unavailable to us to obtain her signature. If we obtain Ms. Koeberle's signature on this Declaration before the October 24 hearing date, we will deliver the signed version. We understand that if we do not obtain Ms. Koeberle's signature before the hearing, then this Declaration will not be one of the items of new evidence. However, if we do obtain her signature, we want the City Council to be able to consider this Declaration at the same time as all of the others. City Council City of Rolling Hills October 14, 0216 Page 3 Prior to the completion of the staff report, we will also deliver our analysis of all of the evidence before this Council. This will not include any new evidence, but merely a synthesis of all the various types of evidence that are in the administrative record. We very much appreciate your continued consideration of this matter. Sincerely, The Weinberg Law Grou C: Steven Nuccion Yolanta Schwartz Hal Light, Esq. ITEM 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF STEPHEN NUCCION IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, STEPHEN NUCCION, declare as follows: 1. I own the home and real property located at 18 Portuguese Bend Road, in the City of Rolling Hills (the "Nuccion Home"). I have owned this property since 2009. 2. My neighbors are the Hassoldts who now own the home and real property located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property"). 3. I filed an application with the City of Rolling Hills, seeking to have our view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I•have,significant experience with view cases, having successfully had a view restored to my prior home in the City of Palos Verdes. I am keenly aware of how a view of distant city lights can be interrupted by growing trees. 7. All of our previous homes had views and I would not have purchased the Nuccion Home if it did not have a view. 8. I first became interested in the Nuccion Home when I saw a 2008 Multiple Listing Service description of the panoramic view from the property. A copy of that MLS listing from 2008 is attached as Exhibit "A". One can see on the MLS text and in the accompanying picture that the view from the nearly -complete home had a "panoramic" view across the Hassoldt Property to the north. When I visited the property, I saw that, in fact, the view was beautiful, panoramic and unobstructed. 9. I learned that the home had never been completed by the original developer, and that the bank was prepared to foreclose on the home in late 2008. I negotiated a price with the bank and DECLARATION OF STEPHEN NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purchased the foreclosed home from that bank, and closed on our purchase in April 2009. 10. In 2009 when I first purchased the Nuccion Home, the Hassoldt Property was owned by Dr. Roberts. Dr. Roberts continued to own the Hassoldt Property for several years (until 2012) after we became his neighbor. 11. I am told that Dr. Roberts regularly trimmed his trees and maintained the view from the Nuccion Home throughout his ownership — and this is confirmed by the Declaration from his son, James Roberts. 12. I do not know the exact date, but I understand that Dr. Roberts trimmed all of the trees on the Hassoldt Property in 2007 or 2008 (prior to our purchase of the Nuccion Home). 13. From April 2009 until early 2011, Dr. Roberts did not trim the trees on his property. Dr. Roberts fell ill and could no longer maintain his vegetation. In early 2011, a tree fell in the rear yard of the Hassoldt Property and Dr. Roberts received a citation from the fire department, requiring him to clear that fire fuel from his property. At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 2011. No significant view improvement resulted from the tree maintenance trimming that was done in 2011, because the trees that were trimmed were mostly thinned, and there was not a significant amount of height removed from those trees limbs. 14. As stated above, in the last quarter of 2008, we entered escrow to buy the Nuccion Home from the bank that then owned it. There were several problems that delayed our close of escrow, including problems that resulted from the home having been acquired by the bank through foreclosure and the incomplete utility undergrounding that the City had required. Accordingly, escrow lasted more than six months and we did not close escrow until April 2009. 15. During the entire escrow period (and for several months after that) a chain linked fence (with an opaque green tarp attached) was placed around the entire property. This fence included a locked gate and only 1 held the key to this locked gate from October 2008 until the close of escrow in April 2009. 2 DECLARATION OF STEPHEN NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. This fence prevented anyone from entering the Nuccion Home property and I did not admit anyone to the property, except for a few consultants performing investigations of the incomplete home. Accordingly, no photographs of the view from the Nuccion Home property exist after the third quarter of 2008, until the earliest photographs we have provided from 2010. Therefore, any claims by the Hassoldts (or anyone else) that they saw the view from the Nuccion Home property prior to August 2009 is false. Thus, there is no contrary photographic evidence that would contradict our claims that a protected view existed from the Nuccion Home in April 2009. 17. When we purchased the Nuccion Home in April 2009, the home was newly constructed (in fact, we had to finish the construction to make the home habitable). Thus, my wife and I are the first people to occupy the Nuccion Home. 18. We first moved into the Nuccion Home in August 2009. At that time there was an uninterrupted and panoramic view. 19. Unfortunately, Measure B for the City's View Ordinance did not exist in 2009, and we had no incentive to document our beautiful view during 2009. Thus, we have no photographs from our pool area looking north across the Hassoldt Property that are dated in 2009. 20. The best and earliest photographic evidence I have of the northerly view across the Hassoldt Property is the photograph attached to this Declaration as Exhibit "B." That photograph shows the nighttime view of city lights from our pool deck area. This photograph is dated July 14, 2010. The metadata embedded in such digital image is also attached as Exhibit "B." This photograph clearly shows the panoramic view from the Nuccion Home. 21. The tree heights in this photograph include at least one -year's growth from the original occupancy date in August 2009. Thus, logic demands that the view in April 2009 (or August 2009 when we first moved into the home) were even better than the view shown in this July 2010 photograph. 22. For comparison purposes, attached to this Declaration as Exhibit "C" are two pictures that were taken in 2011, after my wife and I paid to have the trees trimmed on the Hassoldt Property. As I stated above, the tree trimming in 2011 did not remove very much height from the trees on the Hassoldt Property. The view from the Nuccion Home in April and August 2009 was 3 DECLARATION OF STEPHEN NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantially better and less obstructed than the view shown in the photographs from 2011. 23. Since the date the Hassoldts acquired the Hassoldt Property, they have refused to reduce the height or spread of the trees on their property. Due to their lack of trimming and pruning, the trees on the Hassoldt Property are now in an unsafe and dangerous condition. Attached to this Declaration as Exhibit "D" are two pictures showing large tree limbs that have fallen from trees on the Hassoldt Property and destroyed fences on their property. One photograph is dated February 1, 2016 and the second photograph is dated only weeks ago, September 29, 2016. The metadata embedded in such digital images is also attached as Exhibit "D." 24. During the period from April 2009 when we first acquired the Nuccion Home until the incident shown on February 1, 2016, there was one tree on the Hassoldt Property (near the street) that fell down completely, but other than that I believe there have not been any other tree limbs breaking off of the trees on the Hassoldt Property. I believe that seven or eight years of tree neglect by the Hassoldts has allowed uncontrolled tree growth on the Hassoldt Property that has resulted in the current unsafe and dangerous condition. /// /// /// /// /// /// /// /// /// /// /// /// /// 4 DECLARATION OF STEPHEN NUCCION 1 2 3 4 5 6 7 8 9 • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 14th day of October, 2016 at Rolling Hills, California. tiCestRENI‘TUCCION 5 DECLARATION OF STEPHEN NUCCION 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" MLS LISTING 6 DECLARATION OF STEPHEN NUCCION 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Expired LIST PRICE: $6,499,900 Main Gate to Portuguese Bend Road DESCRIPTION .5 Y 1� 6 Rolling�Hills * 6d,H leer O 2016 M'uwoft Corporation ^,E O 2016 HERE BED / BATH: 4/2,2,1,0 SQFT(src): 7,000 (B) PRICE PER SQFT: $928.56 LOT(src): 2.05/89,280 (U) GARAGE: YEAR BUILT(src): 2007 PROP SUB TYPE: SFR (D) DOM / CDOM: 354/3¢ SLC: PARCEL #: 7569014014 LISTING ID: 5939672 UST $ ORIGINAL: $5,900,000 Brand New Spanish Hadenda with Panoramic 6ty Lights and partial Ocean Views. Features indude Formal living, dining and family rooms. Gourmet Idtrhen with center island and breakfast nook. Master Bedroom with fireplace. Master bath with jaaozl tub and h/h sinks and large walk in master closet Basement includes 500 sq. ft. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft. stable. Due to complete Fall 07 Plans subject to change at any time. Buyer to verify EXCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COMM: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR INTERIOR: ACCESSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: LEVELS: Two ROOM TYPE: Family Room, BASEMENT SQFT: Living Room, Master COMMON WALLS: Bedroom, Walk -In Closet, PARKING: Wine Cellar HORSE: Yes EATING AREA: Breakfast Nook, Dining Room COOLING: Central HEATING: VIEW: Gty Lights, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: APPLIANCES: Buit-In FLOORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom SECURITY: FENCING: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE: DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: GREEN ROOF: Clay FOUNDATION DTLS: PROP COND: New Construction CONSTR MTLS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: . RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: COMMUNITY: GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTRCONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENITIES: # UNITS IN COMMUNITY: STORIES TOTAL: LAND LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDITIONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING BAC: 2.500% BAC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: CONTINGENCY: PRIVATE REMARKS: Home is under construction. All showings by appointment only. Please call listing office Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 LAND LEASE PORCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT #: ZONING: ELEMENTARY: MIDDLE/JR HIGH: DATES HIGH SCHOOL: Yes SHOWING INFORMATION SHOW CONTACT TYPE: SHOW CONTACT NAME: SHOW CONTACT PH: 310.698.4545 DIRECTIONS: Main Gate to Portuguese Bend Road TERMS: LIST AGRMT: Exdusive Right To Sell UST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Assodation VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes AGENT / OFFICE LA: (;zchhara1) RAID CHHABRIA CoLA: l0: (56110) Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: COMPARABLE INFORMATION CLOSE PRICE: LIST PRICE: $6,499,900 LIST $ ORIGINAL: PORCH CONTRACT DATE: DOM/CDOM: 354/354 LA State License: 00874072 CoLA State License: LO State License: LO FAX: 310-698-4546 CoLO State License: CoLO FAX: LIST CONTRACT DATE: 01/12/07 PRICE CHG TIMESTAMP: 06/05/07 STATUS CHG TIMESTAMP: 01/01/08 MOD TIMESTAMP: 01/07/10 EXPIRED DATE: 12/31/07 PORCH CONTRACT DATE: ENDING DATE: 12/31/07 SHOW INSTRUCTIONS: Vacant LOCK BOX LOCATION: LOCK BOX TYPE: None OCCUPANT TYPE: Vacant OWNER'S NAME: CONTACT PRIORITY 1.10 PHONE: 310-698-4545 BA: () BO: BA State License: CoBA: 0 CoBO: CoBA State License: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 12/31/07 AGENT FULL: Residential LISTING ID: 5939672 Printed by Gordon Inman, CaIBRE: 00446156 on 10/14/2016 2:52:17 PM @CRMLS. Information is believed to be accurate, but shall not be relied upon without verification. Accuracy of square footage, lot size and other information is not guaranteed. 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Canceled UST PRICE: $4,999,000 a Main Gate to Portuguese Bend Road DESCRIPTION Rolling Hills 111vsWdlebe ;• ®Mt8 Munson Corporation' 2016 HERE "p ?N6 BED / BATH: 4/2,2,1,0 SQFT(src): 7,000 (B) PRICE PER SQFT: $714.14 LOT(src): 2.05/89,280 (U) GARAGE: YEAR BUILT(src): 2008 PROP SUB TYPE: SFR (D) DOM / CDOM: 280/634 SLC: PARCEL #: 7569014014 USTING ID: 5961144 LIST $ ORIGINAL: $5,900,000 Brand New Spanish Hacienda with City Lights and partial Ocean Views. Features indude Formal living, dining and family rooms. Gourmet kitchen with center island and breakfast nook. Master Bedroom with fireplace. Master Bathroom Jacuzzi tub and h/h sinks and large walk in master closet Basement indudes 2000 sq. R. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft. stable. EXCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COUNTY: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR INTERIOR: ACCESSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: LEVELS: TWo BASEMENT SQFT: COMMON WALLS: PARKING: HORSE: Yes ROOM TYPE: Family Room,. Living Room, Master Bedroom, Walk -In Closet, Wine Cellar EATING AREA: Breakfast Nook, Dining Room COOUNG: Central HEATING: VIEW: City Ughts, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: APPLIANCES: Built -In FLOORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom SECURITY: FENCING: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE:. DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: .GREEN ROOF: Clay FOUNDATION DTLS: PROP COND: New Construction CONSTR MTLS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: COMMUNITY: GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTR CONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENITIES: # UNITS IN COMMUNITY: STORIES TOTAL: LAND LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDITIONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING LAND LEASE PURCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT It: ZONING: ELEMENTARY: MIDDLE/JR HIGH: MC: 2.500% MC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: Yes CONTINGENCY: PRIVATE REMARKS: Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 SHOWING INFORMATION SHOW CONTACT TYPE: SHOW CONTACT NAME: SHOW CONTACT PH: DIRECTIONS: Main Gate to Portuguese Bend Road TERMS: UST AGRMT: Exclusive Right To Sell LIST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Assodation VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes DATES HIGH SCHOOL: LIST CONTRACT DATE: 01/23/08 PRICE CHG TIMESTAMP: 07/30/08 STATUS CHG TIMESTAMP: 10/29/08 MOD TIMESTAMP: 01/11/10 EXPIRED DATE: 12/31/08 PURCH CONTRACT DATE: ENDING DATE: 10/29/08 AGENT / OFFICE SHOW INSTRUCTIONS: Vacant LOCK BOX LOCATION: OCCUPANT TYPE: Vacant LOCK BOX TYPE: Combo OWNER'S NAME: LA: (SCHHARA1J RAID CHHABRIA CoLA: LO: (5611W Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: 'COMPARABLE INFORMATION CLOSE PRICE: LIST PRICE: $4,999,000 LIST $ ORIGINAL: PURCH CONTRACT DATE: DOM/CDOM: 280/§4 LA State License: 00874072 COLA State License: LO State License: LO FAX: 310-698-4546 CoLO State License: CoLO FAX: CONTACT PRIORITY 1.L0 PHONE: 310-698-4545 2.LA CELL: 310-493-9533 3.LA EMAIL: Taiuoearthlink.net 4.LA FAX: 310-698-4546 BA: () BO: BA State License: or CoBA: 0 CoBO: CoBA State License: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 10/29/08 tN • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "B" PHOTO FROM JULY 14, 2010 7 DECLARATION OF STEPHEN NUCCION IMG 0014JPG - Photos File Info Close File name IMG_0014.1PG Date Wednesday, July 14, 2010 8:44 PM Size 40.6 KB Dimensions 640 x 428 Shot 1/6 sec. f/5.6 55mm ISO 3200 Device Canon EOS REBEL T2i Source This PC Location 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" TWO PHOTOS FROM 2011 reo 8 DECLARATION OF STEPHEN NUCCION Aw\ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "D" TWO PHOTOS SHOWING BROKEN TREE LIMBS (2/1/16 AND 9/29/16) 9 DECLARATION OF STEPHEN NUCCION IMG_3796 (003)JPG - Photos File Info r,lose File name IMG_3796 (003).)PG Data Monday, February 01, 2016 8:06 AM 178.2 KB Dimensions 480 x 640 1/200 sec. f/2.2 4.15mm 32 Device iPhone 6 Source This PC File Info Close File name FullsizeRender (004).jpg Date Thursday, September 29, 2016 2:59 PM Size 215.1 KB Dimensions 636 x 640 Shot 1/640 sec. f/2.2 4.15mm ISO 32 Device iPhone 6 Source This PC Location ITEM 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DIANA NUCCION IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, DIANA NUCCION, declare as follows: 1. I own the home and real property located at 18 Portuguese Bend Road, in the City of Rolling Hills (the "Nuccion Home"). I have owned this property since 2009. 2. My neighbors are the Hassoldts who now own the home and real property located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property"). 3. I filed an application with the City of Rolling Hills, seeking to have our view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I have significant experience with view cases, having successfully had a view restored to my prior home in the City of Palos Verdes. I am keenly aware of how a view of distant city lights can be interrupted by growing trees. 7: All of our previous homes had views and I would not have purchased the Nuccion Home if it did not have a view. 8. My husband and I first became interested in the Nuccion Home when we saw a 2008 Multiple Listing Service description of the panoramic view from the property. A copy of that MLS listing from 2008 is attached as Exhibit "A". One can see on the MLS text and in the accompanying picture that the view from the nearly -complete home had a "panoramic" view across the Hassoldt Property to the north. When I visited the property, I saw that, in fact, the view was beautiful, panoramic and unobstructed. /1/ /// 304 1 DECLARATION OF DIANA NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. In 2009 when we first purchased the Nuccion Home, the Hassoldt Property was owned by Dr. Roberts. Dr. Roberts continued to own the Hassoldt Property for several years (until 2012) after we became his neighbor. 10. Our friend, James Roberts, who is Dr. Roberts's son, told me that before we bought the Nuccion Home, Dr. Roberts regularly trimmed his trees and maintained the view from all of the homes uphill of his property. Please see the Declaration from James Roberts. 11. We submitted the Declaration of James Roberts, dated June 9, 2016, at the City Council meeting on June 13, 2016. After that meeting, the attorney for the Hassoldts, Hal Light, contacted James Roberts by email and attempted to have James Roberts either withdraw his Declaration or change the facts of his Declaration. Attached to this Declaration as Exhibit "E" is a copy of the email chain between Hal Light and James Roberts, that was provided to me by James Roberts. 12. 1 find this behavior by Mr. Light to be reprehensible. Our view restoration matter is not a court case, but a communal attempt to have the City Council understand the truth of what was our view when we bought our home. The Hassoldts and Mr. Light cannot present any evidence that there was no view in 2009 for the simple reason that, in 2009, there was a beautiful and panoramic view from the Nuccion Home. Instead, they are using the most unsavory attempts to somehow discredit the evidence we are sharing with the City. I believe that this improper attempt by Hal Light to change evidence before this City Council should make this Council very wary of any so- called evidence they may present in this case, and should make this Council very skeptical of any attempts to discredit or diminish the evidence we do present. 13. James Roberts told me that Dr. Roberts trimmed all of the trees on the Hassoldt Property in 2007 or 2008 (prior to our purchase of the Nuccion Home). 14. From April 2009 until early 2011, Dr. Roberts did not trim the trees on his property. Dr. Roberts fell ill and could no longer maintain his vegetation. In early 2011, a tree fell in the rear yard of the Hassoldt Property and Dr. Roberts received a citation from the fire department, requiring him to clear that fire fuel from his property. At that time, James Roberts, Dr. Roberts son, asked me if we would hire an arborist to remove the dead tree and to also perform routine tree 2 DECLARATION OF DIANA NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintenance on the Hassoldt Property. As good neighbors, we agreed to do that at our cost and we hired an arborist to complete that work in early 2011. No significant view improvement resulted from the tree maintenance trimming that was done in 2011, because the trees that were trimmed were mostly thinned, and there was not a significant amount of height removed from those trees limbs. 15. My husband and I entered escrow to buy the Nuccion Home from the bank in October 2008. There were several problems that delayed our close of escrow, including problems that resulted from the home having been acquired by the bank through foreclosure and the incomplete utility undergrounding that the City had required. Accordingly, escrow lasted more than six months and we did not close escrow until April 2009. 16. During the entire escrow period (and for several months after that) a chain linked fence (with an opaque green tarp attached) was placed around the entire property. This fence included a locked gate and only we held the key to this locked gate from October 2008 until the close of escrow in April 2009. 17. This fence prevented anyone from entering the Nuccion Home property. Thus, no photographs of the view from the Nuccion Home property exist after the third quarter of 2008, until the earliest photographs we have provided from 2010. Therefore, any claims by the Hassoldts (or anyone else) that they saw the view from the Nuccion Home property prior to August 2009 is false. No contrary photographic evidence exists that would contradict our claims that a protected view existed from the Nuccion Home in April 2009. 18. When we purchased the Nuccion Home in April 2009, the home was newly constructed (in fact, we had to finish the construction to make the home habitable). Thus, my husband, my children, and I are the first people to occupy the Nuccion Home. At that time, there was an uninterrupted and panoramic view from the pool area across the Hassoldt Property to the north. 19. Unfortunately, Measure B for the City's View Ordinance did not exist in 2009, and we had no incentive to document our beautiful view during 2009. Thus, we have no photographs from our pool area looking north across the Hassoldt Property that are dated in 2009. 3 DECLARATION OF DIANA NUCCION 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 • 20 21 22 23 24 25 26 27 28 20. The best and earliest photographic evidence I have of the northerly view across the Hassoldt Property is the photograph attached to this Declaration as Exhibit "B." That photograph shows the nighttime view of city lights from our pool deck area. This photograph is dated July 14, 2010. The metadata embedded in such digital image is also attached as Exhibit "B." This photograph clearly shows the panoramic view from the Nuccion Home. 21. The tree heights in this photograph include at least one -year's growth from the original occupancy date in August 2009. Thus, logic demands that the view in April 2009 (or August 2009 when we first moved into the home) were even better than the view shown in this July 2010 photograph. 22. For comparison purposes, attached to this Declaration as Exhibit "C" are two pictures that were taken in 2011, after we paid to have the trees trimmed on the Hassoldt Property. As I stated above, the tree trimming in 2011 did not remove very much height from the trees on the Hassoldt Property. The view from the Nuccion Home in April and August 2009 was substantially better and less obstructed than the view shown in the photographs from 2011. 23. Since the date the Hassoldts acquired the Hassoldt Property, they have refused to reduce the height or spread of the trees on their property. Due to their lack of trimming and pruning, the trees on the Hassoldt Property are now in an unsafe and dangerous condition. Attached to this Declaration as Exhibit "D" are two pictures showing large tree limbs that have fallen from trees on the Hassoldt Property and destroyed fences on their property. One photograph is dated February I, 2016 and the second photograph is dated only weeks ago, September 29, 2016. The metadata embedded in such digital images is also attached as Exhibit "D." 24. During the period from April 2009 when we first acquired the Nuccion Home until the incident shown on February 1, 2016, there was one tree on the Hassoldt Property (near the street) that fell down completely, but other than that I believe there have not been any other tree limbs breaking off of the trees on the Hassoldt Property. I believe that seven or eight years of tree neglect by the Hassoldts has allowed uncontrolled tree growth on the Hassoldt Property that has resulted in the current unsafe and dangerous condition //1 4 DECLARATION OF DIANA NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 14th day of October, 2016 at Rolling Hills, California. a 5 DECLARATION OF DIANA NUCCION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" MLS LISTING 6 DECLARATION OF DIANA NUCCION 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Expired LIST PRICE: $6,499,900 Main Gate to Portuguese Bend Road DESCRIPTION bung BED / BATH: 4/2,2,1,0 Rolling Hills SQFT(src): 7,000 (B) PRICE PER SQFT: $928.56 LOT(src): 2.05/89,280 (U) GARAGE: 'rm2106. YEAR BUILT(src): 2007 tl ' PROP SUB TYPE: SFR (D) DOM / CDOM: 34/3x¢ %or SLC: PARCEL #: 7569014014 LISTING ID: 5939672 ® 2016 Microsoft Corpwmbn 020t6 HERE LIST $ ORIGINAL: $5,900,000 Brand New Spanish Hadenda with Panoramic City lights and partial Ocean Views. Features indude Formal living, dining and family rooms. Gourmet kitchen with center Island and breakfast nook. Master Bedroom with fireplace. Master bath with Jacuzzi bib and h/h sinks and large walk in master closet. Basement indudes 500 sq. ft. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft. stable. Due to complete Fall 07 Plans subject to change at any time. Buyer to verify EXCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COUNTY: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR INTERIOR: ACCESSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: LEVELS: TWo BASEMENT SQFT: COMMON WALLS: PARKING: HORSE: Yes ROOM TYPE: Family Room, Living Room, Master Bedroom, Walk -In Closet, Wine Cellar EATING AREA: Breakfast Nook, Dining Room COOLING: Central HEATING: VIEW: City Lights, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: APPLIANCES: Built -In FLOORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom SECURITY: FENONG: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE: DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: GREEN ROOF: Clay FOUNDATION OILS: PROP COND: New Constriction CONSTR MTLS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: COMMUNITY: GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTR CONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENITIES: # UNITS IN COMMUNITY: STORIES TOTAL: LAND LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDITIONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING LAND LEASE PORCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT #: ZONING: ELEMENTARY: MIDDLE/IR HIGH: BAC: 2.500% BAC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: Yes CONTINGENCY: PRIVATE REMARKS: Home Is under construction. All showings by appointment only. Please call listing office Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 DATES HIGH SCHOOL: SHOWING INFORMATION SHOW CONTACT TYPE: SHOW CONTACT NAME: SHOW CONTACT PH: 310.698.4545 DIRECTIONS: Main Gate to Portuguese Bend Road TERMS: LIST AGRMT: Exduslve Right To Sell LIST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Assodatlon VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes AGENT / OFFICE SHOW INSTRUCTIONS: Vacant LIST CONTRACT DATE: 01/12/07 PRICE CHG TIMESTAMP: 06/05/07 STATUS CHG TIMESTAMP: 01/01/08 MOD TIMESTAMP: 01/07/10 EXPIRED DATE: 12/31/07 PURCH CONTRACT DATE: ENDING DATE: 12/31/07 LOCK BOX LOCATION: LOCK BOX TYPE: None LA: (schharal) RAIL) CHHABRIA CoLA: LO: ($6110) Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: COMPARABLE INFORMATION CLOSE PRICE: LIST PRICE: $6,499,900 UST $ ORIGINAL: PURCH CONTRACT DATE: DOM/CDOM: 354/14 LA State License: 00874072 COLA State License: LO State License: LO FAX: 310-698-4546 CoLO State License: CoLO FAX: OCCUPANT TYPE: Vacant OWNER'S NAME: CONTACT PRIORITY 110 PHONE: 310-698-4545 BA: 0 B0: BA State License: CoBA: 0 CoBO: CoBA State License: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 12/31/07 AGENT FULL: Residential LISTING ID: 5939672 Printed by Gordon Inman, Ca1BRE: 00446156 on 10/14/2016 2:52:17 PM OCRMLS. Information is believed to be accurate, but shall not be relied upon without verification. Accuracy of square footage, lot size and other information Is not guaranteed. 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Canceled LIST PRICE: $4,999,000 4 Main Gate to Portuguese Bend Road DESCRIPTION BED/ BATH: 4/2,2,1,0 Rolling Hills "^*� SQFT(src): 7,000 (B) PRICE PER SQFT: $714;14 LOT(src): 2.05/89,280 (U) GARAGE: °r y : _ . YEAR BUILT(src): 2008 PROP SUB TYPE: SFR (D) DOM / CDOM: 280/534 ses/� O SLC: PARCEL #: 7569014014 . LISTING ID: 5961144 6 Mt8 Microsoft Corporation Us® o? 18 HERE LIST $ ORIGINAL: $5,900,000 Brand New Spanish Hadenda with City Lights and partial Ocean Views. Features Include Formal living, dining and family rooms. Gourmet kitchen with center island and breakfast nook. Master Bedroom with fireplace. Master Bathroom jacurd tub and h/h sinks and large walk in master closet Basement indudes 2000 sq. ft. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft. stable. EXCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COUNTY: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR INTERIOR: ACCESSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: LEVELS: Two ROOM TYPE: Family Room, BASEMENT SQFT: Living Room, Master COMMON WALLS: Bedroom, Walk -In Closet, PARKING: Wine Cellar HORSE: Yes EATING AREA: Breakfast Nook, Dining Room COOLING: Central HEATING: VIEW: City Lights, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: APPLIANCES: Built -In FLOORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom SECURITY: FENCING: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE: DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: GREEN ROOF: Clay FOUNDATION DTLS: PROP COND: New Construction CONSTR MILS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: ' COMMUNITY: GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTR CONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENITIES: # UNITS IN COMMUNITY: STORIES TOTAL: LAND LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDIRONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING MC: 2.500% MC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: CONTINGENCY: PRIVATE REMARKS: Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 LAND LEASE PORCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT #: ZONING: ELEMENTARY: MIDDLE/3R HIGH: Yes SHOWING INFORMATION SHOW CONTACT TYPE: SHOW CONTACT NAME: SHOW CONTACT PH: DIRECTIONS: Main Gate to Portuguese Bend Road TERMS: LIST AGRMT: Exclusive Right To Sell UST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Assodation VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes DATES HIGH SCHOOL: LIST CONTRACT DATE: 01/23/08 PRICE CHG TIMESTAMP: 07/30/08 STATUS CHG TIMESTAMP: 10/29/08 MOD TIMESTAMP: 01/11/10 EXPIRED DATE: 12/31/08 PURCH CONTRACT DATE: ENDING DATE: 10/29/08 AGENT / OFFICE SHOW INSTRUCTIONS: Vacant LOCK BOX LOCATION: OCCUPANT TYPE: Vacant LOCK BOX TYPE: Combo OWNER'S NAME: LA: (SCHHARAI) JIAJU CHHABRIA COLA: L0: (56110) Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: COMPARABLE INFORMATION CLOSE PRICE: 'LIST PRICE: $4,999,000 'LIST $ ORIGINAL: PORCH CONTRACT DATE: DOM/CDOM: 2of 5.4 W•L LA State Ucense: 00874072 CoLA State License:. LO State License: LO FAX: 310-698-4546 CoLO State License: CoLO FAX: CONTACT PRIORITY 1.10 PHONE: 310-698-4545 2.LA CELL: 310-493-9533 3.LA EMAIL: ratufdearthlink.net 4.LA FAX: 310-698-4546 BA: () BO: BA State License: T CoBA: 0 CoBO: CoBA State License: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 10/29/08 rffilywri reitier rI P') 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "B" PHOTO FROM JULY 14, 2010 7 DECLARATION OF DIANA NUCCION IMG 0014JPG - Photos File Info File name IMG_0014.JPG Date Wednesday, July 14, 2010 8:44 PM Size 40.6 KB ® Dimensions 640 x 428 Shot 1/6 sec. f/5.6 55mm ISO 3200 Device Canon EOS REBEL T2i Source This PC Location Close 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" TWO PHOTOS FROM 2011 8 DECLARATION OF DIANA NUCCION 3)a1)1� -� : N 7 Awl • ';),45/1k 5; s 5 P �,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "D" TWO PHOTOS SHOWING BROKEN TREE LIMBS (2/1/16 AND 9/29/16) 9 DECLARATION OF DIANA NUCCION IME 3796 (003)JPG - Photos File Info Close He name IMG_3796 (003).JPG Date Monday, February 01, 2016 8:06 AM Sze 178.2 KB Dimensions 480 x 640 Shot 1/200 sec. f/2.2 4.15mm 150 32 Device iPhone 6 Source This PC Location File Info Close File name PullSizeRender (004)jpg Date Thursday, September 29, 2016 2:59 PM Size 215.1 KB Dimensions 636 x 640 Shot 1/640 sec. f/2.2 4.15mm ISO 32 Device iPhone 6 Source This PC Location 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "E" EMAIL CHAIN SHOWING HAL LIGHT TRYING TO CHANGE ROBERTS TESTIMONY 10' DECLARATION OF DIANA NUCCION From: James C. Roberts III Imailto:icr@globalcaplaw.com] Sent: Monday, July 11, 2016 12:03 PM To: Howard Weinberg <howard@weinberglaw.la> Subject: Fwd: Your June 9, 2016 Declaration Howard, I thought you should see Hal's email below. What is the date and time for the RH hearing? James JAMES C. ROBERTS I11 GLOBAL CAPITAL LAW GROUP ROUP GLOBAL CAPITAL STRATEGIC G California I Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames 1 Linkedln: https://www.linkedin.com/in/globalcapitallawerou P The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. Begin forwarded message: From: Hal Light <hallight cr hillaw.com> Subject: RE: Your June 9, 2016 Declaration Date: July 11, 2016 at 11:23:01 AM PDT To: "James C. Roberts III" <icr@u,globalcaplaw.com> James, I trust things are not as hectic for you now. I did not hear back from you whether the Nuccions' attorney is representing you. Assuming he is not, please let me know whether you would be willing to discuss with me the declaration that you signed in Milan, Italy on June 9, 2016 and if so when might be a good time for me to give you a call. If you will not discuss the declaration with me would you please explain why? Hal Light 2 LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e- mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James C. Roberts 111 jmailto:icr@globalcaplaw.coml Sent: Tuesday, June 14, 2016 4:23 PM To: Hal Light challight@hillaw.com> Subject: Re: your call Hi, Hal, You should probably direct those questions to the lawyer for the Nuccions. This week is terrible for me; I'm on a call now and going to sleep as soon as it is over. Sony. Hope you are well. James JAMES C. ROBERTS III GLOBAL CAPITAL LAW GROUP ATEGIC GROUP GLOBAL CAPITAL STR California I Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames 1 Linkedln: https://www.linkedin.com/in/Klob alcapitallawgroup The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. On Jun 15, 2016, at 1:20 AM, Hal Light <hallieht@hlllaw.com> wrote: Hi James, I wanted to find out about the declaration that you signed last Thursday (June 9, 2016) which was submitted to the Rolling Hills City Council yesterday (Monday, June 13, 2016) on behalf of the Nuccions. I was hoping to find out when the Nuccions' attorney contacted you about the declaration and how it came to be prepared. Perhaps we can speak tomorrow or Thursday morning before your day ends. Is there a best time (California time) for me to give you a call? Thanks, Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James Roberts [mailto:icr@globalcaplaw.comj Sent: Tuesday, June 14, 2016 4:06 PM To: Hal Light challight@hillaw.com> Subject: your call Hi, Hal, I'm nine hours ahead of you. Not sure when I can call you back. What's up? James James C. Roberts III Global Capital Law Group 1 Global Capital Strategic Group California I Milan (assoc) 4 ITEM 3 Oct 11 16 11:40a 310 377 4171 310 377 4171 p.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MARGARET SCHMIT IN SUPPORT OF MJCCION VIEW IMPAIRMENT APPLICATION I, MARGARET SCHMIT, declare as follows: 1. I own the home located at 17 Buggy Whip Drive, in the City of Rolling Hills. I have owned this property since 2002 and have resided in Rolling Hills since 1971. 2. I am Diana Nuccion's mother. 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, 1 could and would testify competently to those facts. 6. I know that the Nuccion purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 7. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Band Road, in the City of Rolling Hills (the "15 PB Property"). 8. For several months prior to the date that my daughter purchased the Nuccion Home and on several occasions after she and her family first occupied the Nuccion Home, I visited my daughter and her family at the Nuccion Home. During these visits I was in the side yard of the Nuccion Home, where there is a swimming pool and deck area. During these visits in 2009, while on the pool deck, 1 remember looking to the north and north east over the 15 PB Property. 9. The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was 1 DECLARATION OF MARGARET SCHMIT Oct 11 1611:40a 310 377 4171 310 377 4171 p.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 2I 22 23 24 25 26 27 28 beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trots that were on the 15 PB Property. 10. Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view 1 saw in 2009, when I was on the pool area of the Nuccion Horne. 11. My present recollection of the view from the Nuccion Home during the months of June through August of 2009 is that the view 1 saw was better and even less obstructed than the view shown in the photographs from 2011. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed on this 11 t. h day of October, 2016 at Rolling Hills , California. -CARET. SCH IT 2 DECLARATION OF MARGARET SCHMIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TWO PHOTOS FROM 2011 4 DECLARATION OF MARGARET SCHMIT ITEM 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SUZANNE SUSSMAN IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, SUZANNE SUSSMAN, declare as follows: 1. I own the home located at 2 Lazy Creek Lane in the City of Rolling Hills Estates. I have owned this property since 2004. 2. I have been friends with Stephen and Diana Nuccion for many years. Our families socialize often. Since at least as early as 2009, our children share Halloween together and go trick - or -treating in the neighborhood near the Nuccion's home. 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 7. I am aware of the property adjacent to the Nuccion Home, which is located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "15 PB Property"). 8. Myself and my family visited the Nuccion Home several times in 2009 after the Nuccions first occupied the Nuccion Home. I recall at least two specific visits to the Nuccion Home in 2009. One in September 2009 when my family and the Nuccion family together enjoyed their swimming pool and backyard. A second visit was on Halloween 2009, when my family was at the Nuccion home for trick -or -treating and socializing later in evening of Halloween. 9. During the September visit to the Nuccion Home I spent a good part of the afternoon in the back yard of the Nuccion Home. During this visit, while on the pool deck, I remember admiring the view to the north and northeast over the 15 PB Property. 1 DECLARATION OF SUZANNE SUSSMAN 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. I recall the view from the pool area of the Nuccion Home being 180 degrees with a city view. I don't recall a restricted view due to trees. 11. Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view I saw in 2009, when I was on the pool area of the Nuccion Home. 12. My present recollection of the view from the Nuccion Home during the months of September and October of 2009 is that the view I saw was better and even less obstructed than the view shown in the photographs from 2011. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 DECLARATION OF SUZANNE SUSSMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 1‘ et^ day of October, 2016 at , California. OUXAVL J -4 -4,41 -fa SUZANNE SUSSMAN A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On /0 7/ 2016 before me, /444 6 , a Notary Public in and for said state, personally appeared ZG/7.7C' 3Liss 4.1a4 o proved to me on the basis of satisfactory evidence to be the person(gj whose name(df is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ieS), and that by his/her/their signature(s) on the instrument the person(rf), or the entity upon behalf of which the person(, acted, executed the within instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif? 'a that the foregoing paragraph is true and correct. 0 �'"+<> DONALD COURTNEY 7 23171 A i 0 NOTARYMm aPUBLI-CALIFORNIAW tt �� LOS ANGELES COUNTY 0 �Ti;;,y�COMM. EXPIRES MAY 31.2017 d 46,0-,z0 Co vr//fc% fiI OTARY'S SIGNATURE NOTARY AME (PRINT) o5-3/- ao,7 NOTARY'S COMMISSION EXPIRES 3 DECLARATION OF SUZANNE SUSSMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TWO PHOTOS FROM 2011 4 DECLARATION OF SUZANNE SUSSMAN 3 ITEM 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF KEITH KELLEY IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, KEITH KELLEY, declare as follows: 1. I am a licensed California Real Estate Salesperson, License number 01810798. 2. I have previously acted as the listing agent for Stephen and Diana Nuccion who briefly listed their home for sale in 2012. 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 7. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "15 PB Property"). 8. Another broker named Raju Chhabria had listed the Nuccion Home for sale before the Nuccions purchased their home. At that time, the owner of the home was an affiliate of the original developer, Saridakis Construction Inc. This is confirmed by the Title Company Report I reviewed, that is attached to this Declaration as Exhibit "A." 9. Raju had active listings on the Multiple Listing Service ("MLS") attempting to sell the Nuccion Home on behalf of Saridakis Construction Inc. The first MLS listing by Raju that I am aware of started on January 12, 2007. Raju maintained active MLS listings for the Nuccion Home on behalf of Saridakis Construction Inc. on and off for two years. The last active MLS listing that Raju had for the Nuccion Home was cancelled on October 29, 2008. Copies of the Raju Chahabria 1 DECLARATION OF KEITH KELLEY 3 1 2 3 -4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MLS listings in 2007 and 2008 are attached to this Declaration as Exhibit "B." 10. During the period from January 2008 to October 29, 2008, I visited the Nuccion Home on at least two occasions in my capacity as a real estate salesperson. During those visits, I walked through the then incomplete home and I visited the yard areas. The northern side yard ultimately had a swimming pool installed. 11. I have a clear memory that, during these 2008 visits to the Nuccion Home, I enjoyed the view that I saw from the yard area that would become the pool deck of the Nuccion Home, and I remember admiring the view to the north and north east over the 15 PB Property. 12. The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property. 13. Attached to this Declaration as Exhibit "C" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view I saw in 2008, when I was on the pool area of the Nuccion Home. 14. The real estate brokerage where I work had listed the Nuccion Home for sale at various times between 2014 and 2016. I was frequently at the Nuccion Home during these periods and I became familiar with the view that now exists from the pool area of the Nuccion Home. The trees on the 15 PB Property that'now block the view from the Nuccion Home were substantially shorter in 2008 and did not at that time block the view from the pool area of the Nuccion Home. 15. My present recollection of the view from the pool area of the Nuccion Home during 2008 is that the view I saw was better and even less obstructed than the view shown in the photographs from 2011. /// /// 2 DECLARATION OF KEITH KELLEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 14th day of October, 201 • at Rancho Palos Verdes, California. EY A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On ock 144 44 1,01(g 2016 before me, IC;.vlct-L • A I.b-e/1- a Notary Public in and for said state, personally app ared V..e;1tn idle 21 s who proved to me on the basis of satisfactory evidence to be the person(s) whose name s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument I certify under PENALTY OF PERJURY under the laws of the State of Cali mia that the foregoing paragraph is true and correct. vaassiashassasissaysaat PAULA L. ALBERT ,e Commission Y 2144906 tha !.t r Notary Public - Catitornia s zWit) Los Agates County 3_ _ _ MI.CoTnm. Exees Mar29.2024 NOTARY'S SIGNATURE 1Ca.1rl c L- k Lard - NOTARY NAME (PRINT) 3 -a -1-a; NOTARY'S COMMISSION EXPIRES 3 DECLARATION OF KEITH KELLEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TITLE COMPANY REPORT FOR 15 PORTUGUESE BEND ROAD 4 DECLARATION OF KEITH KELLEY mvFirstAm® Combined Report 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 Property Address: 18 Portuguese Bend Rd Palos Verdes Peninsula, CA 90274 Combined Report 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 10/13/2015 NI information contained herein is subject to the Limitation of Liability for Informational Report set forth on the last page hereof. 02005-2015 First American Financial Corporation and/or its affiliates. All rights reserved. FirstAmerican myFirstAm® Property Profile 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 Property Information Owner(s): Nuccion Stephen (Te) / Nuccion Diana (Te) / Nuccion Mailing Address: 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA Owner Phone: Unknown Property Address: 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA Vesting Type: Personal Trust , County: Los Angeles APN: 7569-014-014 Map Coord: ' Census Tract: 670500 Lot#: 1 Block: Subdivision: Rolling Hills Tract: Legal: P M 281-33-34 Lot 1 Property Characteristics Use: Sfr Year Built / Eff.: 2007 / 2007 Sq. Ft : 6781 Zoning: RHRAS2' Lot Size Ac / Sq Ft: 2.8455 / 123950 # of Units: 1 Bedrooms: 4 Bathrooms: 5 Fireplace: # Rooms: Quality: Heating: Central Pool: Air: Y Style: Stories: improvements: Parking 1 #: / Gross Area: 6781 Garage Area : Basement Area: rnvFirstAm® Transaction History 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 History Record # 9 : FINANCE Mortgage Recording Date: 05/26/2009 Mortgage Document #: 768822 Lender: Ocean View Dev Inc Document Type Trust Deed/Mortgage Loan Amount: $300,000 Borrower 1: Nuccion Family Trust Borrower 3: Mortgage Transfer Type: Refinance Mortgage Rate Type: Fixed Mortgage Term: Vesting Type: Community Property Mortgage Rate: Borrower 2: Borrower 4: History Record'# 10 : SALE/TRANSFER Buyer: Transaction Date: Recording Date: Recorded Doc #: Document Type: Nuccion,Stephen & Diana 12/12/2008 04/22/2009 584276 Deed Transfer Seller: Vineyard Bk Sale Price: $3,435,000 Sale Price Type: Full Value Title Company: Lawyers Title Vesting Type: Community Property FINANCE Mortgage Recording Date: 04/22/2009 Mortgage Document#: 584277 Lender: Countrywide Bank Document Type Trust Deed/Mortgage Loan Amount: $2,576,250 Borrower 1: Nuccion Stephen Borrower 3: Mortgage Transfer Type: Resale Mortgage Rate Type: Fixed Mortgage Term: Vesting Type: Community Property Mortgage Rate: Borrower 2: Nuccion Diana Borrower 4: History Record # 11 : SALE/TRANSFER Buyer: Vineyard Bk Transaction Date: 11/05/2008 Recording Date: 11/10/2008 Recorded Doc #: 1984348 Document Type: Deed Transfer Seller: Sale Price: Sale Price Type: Title Company: Vesting Type: First American Title Ins $3,038,064 Company Continued on next page... Transaction History r1�8e Portugueser1 Bend Rd, Palos Verdes Peninsula, 10/13/2015 Page 4 (of 6) All information contained hereiP4soggZAo the Limitation of Liability for Informational Report set forth on the last page hereof. C2005-2015 First American Financial Corporation and/or its affiliates. All fights reserved. mvFirstAme Transaction History 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 History Record # 12 : FORECLOSURE Recording Date: Recorded Doc #: Document Type: 07/08/2008 2008 1206223 Notice of Default Vesting Type: History Record # 13 : FINANCE Mortgage Recording Date: 06/22/2007 Mortgage Document #: Lender: Document Type Loan Amount: Borrower 1: Borrower 3: 1510916 Fadel Rachid A Living Trust Trust Deed/Mortgage $1,215,000 Saridakis Construction Inc Mortgage Transfer Type: Mortgage Rate Type: Mortgage Term: Vesting Type: Mortgage Rate: Borrower 2: Borrower 4: Refinance Fixed Company History Record # 14 : FINANCE Mortgage Recording Date: Mortgage Document #: Lender: Document Type Loan Amount: Borrower 1: Borrower 3: 11/02/2006 2433385 Vineyard Bank Trust Deed/Mortgage $232,500 Saridakis Construction Inc Mortgage Transfer Type: Mortgage Rate Type: Mortgage Term: Vesting Type: Mortgage Rate: Borrower 2: Borrower 4: Refinance Fixed . Company History Record # 15 : FINANCE Mortgage Recording Date: Mortgage Document #: Lender: Document Type Loan Amount: Borrower 1: Borrower 3: 03/02/2006 454318 Fadel Rachid A Trust Trust Deed/Mortgage $950,000 Saridakis Construction Inc Mortgage Transfer Type: Mortgage Rate Type: Mortgage Term: Vesting Type: Mortgage Rate: Borrower 2: Borrower 4: Refinance Fixed Company Continued on next page... Transaction History 18 Portuguese Bend Rd, Palos Verdes Peninsula, 10/13/2015 Page 5 (of 6) All information contained hereiP$sgonieZRo the Limitation of Liability for Informational Report set forth on the last page hereof. 02005-2015 First American Financial Corporation and/or its affiliates. All rights reserved. myFirstAm° Transaction History 18 Portuguese Bend Rd, Palos Verdes Peninsula, CA 90274 History Record # 16 : SALE/TRANSFER Buyer: Transaction Date: Recording Date: Recorded Doc #: Document Type: Saridakis Construction Inc 03/26/2004 715656 Deed Transfer Seller: Sale Price: Sale Price Type: Title Company: Vesting Type: Marshall Robert W $1,425,000 Full Value Lawyers Title FINANCE Mortgage Recording Date: 03/26/2004 Mortgage Document #: 715657 Mortgage Transfer Type: Construction Mortgage Rate Type: Variable Lender: Vineyard Bank Mortgage Term: Document Type Trust Deed/Mortgage Vesting Type: ' Loan Amount: $2,359,000 Mortgage Rate: Borrower 1: Saridakis Construction Inc Borrower 2: Borrower 3: Borrower 4: Limitation of Liability for Informational Report IMPORTANT — READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WTHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENTS USE OF THE INFORMATION HEREIN. Transaction History 18 Portuguese Bend Rd, Palos Verdes Peninsula, 10/13/2015 Page 6 (of 6) ©2005-2015 First American Fiii6AciArecitQiora0on and/or its affiliates. All rights reserved. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "B" MLS LISTING 5 DECLARATION OF KEITH KELLEY 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Expired UST PRICE: $6,499,900 Maln Gate to Portuguese Bend Road DESCRIPTION BED / BATH: 4/2,2,1,0 Rolling Hills SQFT(srt): 7,000 (B) PRICE PER SQFT: $928.56 LOT(src): 2.05/89,280 (U) GARAGE: YEAR BUILT(sc): 2007 PROP SUB TYPE: SFR (D) DOM / CDOM: 354/x4 ¢?` SLC: PARCEL #: 7569014014 USTING ID: 5939672 0 2016 Microsoft Corpotnfion ® 2016 HERE LIST $ ORIGINAL: $5,900,000 %setp�Rtl Brand New Spanish Hadenda with Panoramic City Lights and partial Ocean Views. Features indude Formal living, dining and family rooms. Gourmet Idtdien with center island and breakfast nook. Master Bedroom with fireplace. Master bath with jacuni tub and h/h sinks and large walk in master closet. Basement indudes 500 sq. ft. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft. stable. Due to complete Fall 07 Plans subject to change at any time. Buyer to verify EXCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COUNTY: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR INTERIOR: ACCESSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: LEVELS: Two BASEMENT SQFT: COMMON WALLS: PARKING: HORSE: Yes ROOM TYPE: Family Room, Living Room, Master Bedroom, Walk -In Closet, Wine Cellar EATING AREA: Breakfast Nook, Dining Room COOLING: Central HEATING: VIEW: City Lights, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: APPLIANCES: Built -In FLOORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom • SECURITY: FENCING: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE: DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: GREEN ROOF: Clay FOUNDATION DTLS: PROPCOND: New Constiudion CONSTR MTLS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: COMMUNITY: LAND GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTR CONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENITIES: # UNITS IN COMMUNITY: STORIES TOTAL: 35R LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDITIONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING LAND LEASE PORCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT #: ZONING: ELEMENTARY: MIDDLE/JR HIGH: BAC: 2.500% MC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: Yes CONTINGENCY: PRNATE REMARKS: Home is under construction. All showings by appointment only. Please call listing office Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 DATES HIGH SCHOOL: SHOWING INFORMATION TERMS: LIST AGRMT: Exclusive Right To Sell LIST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Association VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes LIST CONTRACT DATE: 01/12/07 PRICE CHG TIMESTAMP: 06/05/07 STATUS CHG TIMESTAMP: 01/01/08 MOD TIMESTAMP: 01/07/10 EXPIRED DATE: 12/31/07 PORCH CONTRACT DATE: ENDING DATE: 12/31/07 SHOW CONTACT TYPE: SHOW INSTRUCTIONS: Vacant SHOW CONTACT NAME: SHOW CONTACT PH: 310.698.4545 DIRECTIONS: Main Gate to Portuguese Bend Road AGENT / OFFICE LOCK BOX LOCATION: LOCK BOX TYPE: None LA: (Mari) RAIU CHHABRIA CoLA: LO: (S6110) Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: COMPARABLE INFORMATION CLOSE PRICE: LIST PRICE: $6,499,900 UST $ ORIGINAL: PORCH CONTRACT DATE: DOM/CDOM: 354/354' LA State License: 00874072 CoLA State License: LO State Ucense: LO FAX: 310-698-4546 CoLO State Ucense: CoLO FAX: OCCUPANT TYPE: Vacant OWNER'S NAME: CONTACT PRIORITY 110 PHONE: 310-698-4545 BA: O BO: BA State Ucense: CoBA: 0 CoBO: CoBA State Ucense: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 12/31/07 AGENT FULL: Residential LISTING ID: S939672 Printed by Gordon Inman, CaIBRE: 00446156 on 10/14/2016 2:52:17 PM ©CRMLS. Information Is believed to be accurate, but shall not be relied upon without verification. Accuracy of square footage, lot size and other Information Is not guaranteed. 18 Portuguese Bend Rd, Rolling Hills 90274 STATUS: Canceled LIST PRICE: 64,999,000 a Main Gate to Portuguese Bend Road DESCRIPTION rd Roiling Hills. ,.n`'S) SQFT(src): 7,000 (8) 'I PRICE PER SQFT: $714.14 ,' LOT(src): 2.05/89,280 (U) GARAGE: - , YEAR BUILT(src): 2008 PROP SUB TYPE: SFR (D) !�► DOM / CDOM: 280/634 slit° SLC: PARCEL #: 7569014014 LISTING ID: S961144 0 200 Microsoft Corporation 02016 HERE LIST $ ORIGINAL: $5,900,000 BED / BATH: 4/2,2,1,0 Brand New Spanish Hadenda with City Lights and partial Ocean Views. Features Include Formal living, dining and family rooms. Gourmet kitchen with center Island and breakfast nook. Master Bedroom with fireplace. Master Bathroom jaaal tub and h/h sinks and large walk In master closet Basement indudes 2000 sq. ft. gym, sauna, laundry room, wine cellar, Home Theatre and storage. Large 3 car garage. Pool and spa overlooking views. Plans apporved for a 450 sq. ft stable. OCCLUSIONS: INCLUSIONS: AREA: 166 - Rolling Hills SUBDIVISION: / COUNTY: Los Angeles SENIOR COMMUNITY?: No CERTIFIED 433A?: INTERIOR LEVELS: Two BASEMENT SQFT: COMMON WALLS: PARKING: HORSE: Yes ROOM TYPE: Family Room, Living Room, Master Bedroom, Walk -In Closet, Wine Cellar EATING AREA: Breakfast Nook, Dining Room COOLING: Central HEATING: VIEW: City Lights, Ocean WATERFRONT: POOL: In Ground LAUNDRY: Individual Room INTERIOR: APPLIANCES: Built -In ACCFSSIBILITY: EXTERIOR EXTERIOR: DIRECTION FACES: BUILDING BUILDER NAME: MAKE: BUILD MODEL: TAX MODEL: ROORING: ENTRY LOC/ENTRY LVL: / FIREPLACE: Living Room, Master Bedroom SECURITY: FENCING: LOT: Horse Property PATIO/PORCH: Improved, Horse Property SPA: SEWER: Conventional Septic ARCH STYLE: DOOR: WINDOW: GARAGE AND PARKING ATTACHED GARAGE?: UNCOVERED SPACES: GREEN ROOF: Clay FOUNDATION DTLS: PROP COND: New Construction CONSTR MTLS: STRUCT. COND: New Construction OTHER STRUCT: Sauna Private PARKING TOTAL: # REMOTES: GARAGE SPACES: RV PARK DIM: CARPORT SPACES: GREEN BLDG VERIFICATION TYPE: GREEN ENERGY GEN: WALK SCORE: COMMUNITY HOA FEE: $983 HOA FEE 2: COMMUNITY: GREEN VERIFICATION BODY: GREEN ENERGY EFF: GREEN VERIFICATION YR: GREEN SUSTAIN: GREEN VERI. RATING: GREEN WTR CONSERV: HOA NAME: HOA NAME 2: HOA PHONE: HOA PHONE 2: HOA AMENmES: # UNITS IN COMMUNITY: STORIES TOTAL: LAND LAND LEASE?: No LAND LEASE AMOUNT: LAND LEASE AMT FREQ: PARCEL #: 7569014014 ADDITIONAL APN(s): No SCHOOL HIGH SCHOOL DISTRICT: LISTING LAND LEASE PURCH?: LAND LEASE RENEW: UTILITIES: ELECTRIC: WATER SOURCE: LOT SIZE DIM: ASSESSMENTS: TAX LOT: TAX BLOCK: TAX TRACT #: ZONING: ELEMENTARY: MIDDLE/JR HIGH: MC: 2.500% MC RMRKS: DUAL/VARI COMP?: No LEASE CONSIDERED?: CURRENT FINANCING: POSSESSION: SIGN ON PROPERTY?: Yes CONTINGENCY: PRIVATE REMARKS: Map Book: 823E1 Listing Agent Car Phone: 310-493-9533 SHOWING INFORMATION SHOW CONTACT TYPE: SHOW CONTACT NAME: SHOW CONTACT PH: DIRECTIONS: Main Gate to Portuguese Bend Road TERMS: LIST AGRMT: Exclusive Right To Sell LIST SERVICE: AD NUMBER: DISCLOSURES: Homeowners Assodation VOW, AVM?/COMM?: Yes/Yes INTERNET?/ADDRESS?: Yes/Yes DATES HIGH SCHOOL: LIST CONTRACT DATE: 01/23/08 PRICE CHG TIMESTAMP: 07/30/08 STATUS CHG TIMESTAMP: 10/29/08 MOD TIMESTAMP: 01/11/10 EXPIRED DATE: 12/31/08 PURCH CONTRACT DATE: ENDING DATE: 10/29/08 AGENT / OFFICE SHOW INSTRUCTIONS: Vacant LOCK BOX LOCATION: OCCUPANT TYPE: Vacant LOCK BOX TYPE: Combo OWNER'S NAME: LA: (SCHHARA1) RAID CHHABRIA CoLA: LO: (5611Q) Shorewood Realtors INC LO PHONE: 310-698-4545 CoLO: CoLO PHONE: COMPARABLE INFORMATION CLOSE PRICE: LIST PRICE: $4,999,000 LIST $ ORIGINAL: PURCH CONTRACT DATE: 170M/CDOM: 28Q/y4 LA State Ucense: 00874072 CoLA State License: LO State License: LO FAX: 310-698-4546 CoLO Slate License: CoLO FAX: rCONTACT PRIORITY 1.1.0 PHONE: 310-698-4545 2.1/i CELL: 310-493-9533 3.LA EMAIL: Taiu(Bearthlink.net 4.LA FAX: 310-698-4546 BA: () B0: BA State License: CoBA: 0 CoBO: CoBA State License: BUYER FINANCING: CONCESSIONS $: CONCESSION CMTS: END DATE: 10/29/08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" TWO PHOTOS FROM 2011 6 DECLARATION OF KEITH KELLEY ITEM 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF KARINA SANTANA IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, KARINA SANTANA, declare as follows: 1. I am an independent contractor who works as a nanny. 2. I was the nanny for the children of Stephen and Diana Nuccion. I worked at the Nuccion's home on Portuguese Bend Road when they first occupied the home in 2009 and continuously thereafter on a full time basis until 2014. 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge = and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 7. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "15 PB Property"). 8. I worked as a nanny caring for the Nuccion children from as early as 2007 until sometime in 2014. 9. The Nuccions moved to their new home in August 2009. I worked caring for the Nuccion children several days every week at the Nuccion Home continuously from August 2009 through 2014. 10. I was present at the Nuccion Home in August 2009 on the days when the Nuccion family moved into their home. During the moving days, I was caring for the Nuccion children. /1/ DECLARATION OF KARINA SANTANA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Throughout the summer of 2009, the Nuccion children and I used the swimming pool in the backyard of the Nuccion Home. Thus, I was frequently in the backyard area of the Nuccion Home. 12. I have a clear memory of the view that I saw from the pool deck of the Nuccion Home, and I remember admiring the view to the north and north east over the 15 PI3 Property. 13. The view from the pool area of the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PI3 Property. 14. Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view I saw in 2009, when I was on the pool area of the Nuccion Home. 15. My present recollection of the view from the Nuccion Home during 2009 is that the view I saw was better and even less obstructed than the view shown in the photographs from 2011. /1/ /1/ /1/ 1// 2 DECLARATION OF KARINA SANTANA 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this l el day of Octob° 2016 at , California. A ANTAN A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On CC -V. tO , 2016 before me, DAVIc 1 e. • ?Nes , a Notary Public in and for said state, personally appeared oYwc. SVM-ov , who proved to me on the basis of satisfactory evidence to be the person([ whose name(4 is/Oe subscribed to the within instrument and acknowledged to me that {j'e/she/th9 executed the same in 1;A/her/their authorized capacity(ip4), and that by pis/her/thcir signature on the instrument the person$, or the entity upon behalf of which the person(g) acted, executed the within instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,,.�♦' DAVID R. REYES ,_ �c Commission # 2037123 Notary Public - California Los Angeles County M Comm. Expires Au 20,14 D&(/� /7 / 7 NOTA Y'S COMMISSION EXPIRES 60o g NOT Y'S SIGNATURE 3 • DECLARATION OF KAR.INA SANTANA EXHIBIT "A" g ITEM 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF YASMINE RYAN IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, YASMINE RYAN, declare as follows: 1. I am an independent contractor who works as a dog groomer. 2. I have been the dog groomer for Stephen and Diana Nuccion's dog. I worked at the Nuccion's home on Portuguese Bend Road with my mobile dog grooming equipment when they first occupied the home in 2009 and continuously thereafter on a full time basis until currently. 3. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 7. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "15 PB Property"). 8. I have visited the Nuccion Home at least once every month continuously from August 2009 through October 3, 2016. On each visit, I would groom the Nuccion's dogs. 9. I have reviewed my accounting records and have found the checks that the Nuccions paid me for my services in 2009. I now recall that I was working at the Nuccion Home on several occasions in 2009, and specifically the first Monday of each month in 2009. 10. During these visits and others during 2009, I have a distinct recollection of the view that I saw from the pool deck of the Nuccion Home, and I remember admiring the view to the north and north east over the 15 PB Property. 93 1 DECLARATION OF YASMINE RYAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The view from the pool area of the Nuccion Horne was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property. 12. Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view I saw in 2009, when I was on the pool area of the Nuccion Home. 13. My present recollection of the view from the Nuccion Home during 2009 is that the view I saw was better and even less obstructed than the view shown in the photographs from 2011. /// /// /// /// /// /// /// /// /// /// /// /// /// 3�4f DECLARATION OF YASMINE RYAN 1 2 3 4 5 6 7 8 9 10 11 12 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 3 day of October, 2016 at �.V�.c A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA) )ss. COUNTY OF LOS ANGELES ) On 2016 before me a Notary Public in and for said state, personalty appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.. NOTARY'S SIGNATURE NOTARY NAME (PRINT) 5 DECLARATION OF YASMINE RYAN EXHIBIT "A" ITEM 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SEAN CARDENAS IN SUPPORT OF NUCCION VIEW. IMPAIRMENT APPLICATION I, SEAN CARDENAS, declare as follows: 1. I own the home and real property located at 13 Portuguese Bend Road, in the City of Rolling Hills. I have owned this property since 2005. 2. My neighbors are the Hassoldts who now own the home and real property located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property"). 3. • I am aware that•Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 4. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 5. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 6. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009. 7. In either April or May 2009, after the Nuccions purchased their home, I, my wife, and my children went to the Nuccion home to deliver a housewarming gift and to welcome them to the neighborhood. During that visit to their home, we were invited into their back yard to see the pool and surrounding deck area. While on the pool deck, I remember looking to the north and north east over the Hassoldt Property. 8. The view from the Nuccion pool area was a broad (perhaps panoramic) view that was not obstructed by any trees on the Hassoldt Property. I distinctly remember noticing the one tree that did impair the view, and that was a pine tree located on 14 Portuguese Bend Road. The reason 1 know this is that, in 2009, my sister-in-law lived in the home at 14 Portuguese Bend Road. I recall thinking that my relatives were the only ones interfering with the wonderful view from the Nuccion property. 1 DECLARATION OF SEAN CARDENAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// 9. Attached to this Declaration as Exhibit "A" is a picture from the Nuccions that they have informed me was taken in the summer of 2011. 10. My present recollection of the view from the Nuccion Property in May 2009 is that such view was better and even less obstructed than the view shown in the photograph from 2011. /// /// /// /// /// /// /// /// SI 2 DECLARATION OF SEAN CARDENAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this t 0th day of June, 2016 at Palo Alto , California. SEAN CARDENAS Signature Page DECLARATION OF SEAN CARDENAS ITEM 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JAMES C. ROBERTS III IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION 1, JAMES C. ROBERTS 111, declare as follows: 1. I am the son of Dr. James C. Roberts, Jr., who owned the home and real property located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "Hassoldt Property") for many decades until my father sold that home to Mr. and Mrs. Hassoldt sometime in 2012. 2. 1 am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 3. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 4. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 5. For at least the years 2005 through 2011, I was personally involved in the care and maintenance of the trees located on the Hassoldt Property, in part because my father relied on me to help oversee the landscaping on the Hassoldt Property while he lived there during this period of time. 6. I cannot precisely remember the dates, but I am certain that during 2007 and 2008, most of the tall trees on the Hassoldt Property were trimmed significantly, resulting in both a crown reduction of those trees and in thinning of those trees. My father regularly had trees trimmed, for many reasons. He was actually well known among neighbors for his trimming, both of trees and of hedges. As a child not long after our family moved there, I fell from a tree in the back yard because a dead tree limb broke. I was unconscious for quite some time. The doctor diagnosed a severe concussion. At that point my father realized that he had to start taking care of the trees on the property. He regularly trimmed trees he thought were "risky," or had them evaluated and trimmed, although his efforts were not always successful, given the number of trees on the property. On at least two other occasions our family suffered significant property damage, and risk of personal 1 DECLARATION OF JAMES C. ROBERTS III 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injury, from such events. He was also aware of the risk that falling tree limbs from certain Eucalyptus trees could bring down power lines or at least stop power, as happened from time to time when falling tree limbs disrupted power by triggering some sort of "fail-safe" used by the power company in relation to the power lines in the northern easement. Each time such an event occurred he would inspect the trees or have the trees inspected and then either trim them himself or have them trimmed. He regularly had the two Olive trees located immediately adjacent to the home trimmed to permit more light into the home and to reduce debris falling from those trees, such as dead leaves and overripe or rotten olives. He was the same way with the Eucalyptus trees on the westerly and easterly parts of the Hassoldt Property because of a concern that those trees, or their tree limbs, might fall, which could cause. not only property damage for him and for neighbors but also "third parties" who might be on Portuguese Bend Road when such an event occurred. 7. From mid -2008 until his death in March 2012, my father was ill and largely restricted to a walker for short walks or a wheelchair. 1 recall that during that time 1 would take him outside on frequent occasions. He and I would sit either on the front porch or in the back yard. Residents will remember him sitting there quite often. Much of our conversation would be about tree trimming and landscaping that he felt would have to be done. 8. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009. 1 had known the Nuccions before they purchased their home and became friendlier with them while they continued to work to finish their home that was in a state of disrepair in early 2009. 9. 1 visited the Nuccions on their property several times within the first 60 days after they had purchased the home and at that time 1 was present in the back portion of their home, around the swimming pool with the Nuccions.. From that vantage point on the Nuccion property, I could clearly see over the tops of the trees on the Hassoldt Property to the City View beyond them, with an unobstructed panoramic view from approximately the telephone pole on the westerly side to the far easterly side of the Hassoldt Property. 10. After the Nuccions moved in, over the next few years 1 visited them on several social occasions during whichwe discussed tree trimming they would like to have done at some point. When I conveyed these ideas to my father he was enthusiastic about having such work done. 2 DECLARATION OF JAMES C. ROBERTS III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 My father's health was declining so his priorities changed. However, he knew and very much liked the Nuccions. I have no doubt that he would have approved of any such work both out of his concern for safety (and light going into the house) and his affection for the Nuccions. I I. Attached to this Declaration as Exhibit "A" is a picture from the Nuccions that they have informed me is from the summer of201 1. 12. My present recollection of the view from the Nuccion Property around May or June 2009 is that such view was better and even less obstructed than the view shown in the photograph from 2011. 13. I recall that the Nuccions had an arborist trim trees on the Hassoldt Property in the middle of 2011 and that my father wholeheartedly approved of and supported the Nuccions in having that trimming done. 14. I also recall that no significant tree trimming had occurred on the Hassoldt Property between the date the Nuccion's purchased their home and this mid -201I trimming. 3 DECLARATION OF JAMES C. ROBERTS III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under//�� the laws of the State of California that the foregoing is true and correct. Executed on this lattay of June, 2016 at • dfrAci eiTemr JAMES C. ROB RTS III Signature Page DECLARATION 0 • MES C. ROBERTS III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF YEONG YAE KIM IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, YEONG YAE KIM, declare as follows: 1. I currently reside in the home located at 17 Portuguese Bend Road, in the City of Rolling Hills (the "Kim Home"). I have owned the Kim Home since June 2005, as Guardian Ad Litem for two minor children and later as trustee of a trust for those minor children. In 2013, the ownership of the Kim Home was transferred to these two persons, Sue Young Kim and Bo Young Kim, as joint tenants. 2. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 3. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 4. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 5. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 6. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Bend Road, in the City of Rolling Hills (the "15 PB Property"). 7. When I first purchased the Kim Home in 2005, there was no home located where the Nuccion.Home is now built. From 2005 until 2008,.the view from the Kim Home over the 18 Portuguese Bend property was unobstructed and that view continued over the 15 PB Property to the city view to the north. 8. I am aware that in 2008 and 2009 Dr. James Roberts owned the 15 PB property. /1/ /// 1 DECLARATION OF YEONG YAE KIM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. After the Nuccion Home was completed in 2009, the view from the Kim Home to • the city view to the north was then partially blocked by the Nuccion Home. However, the Kim Home continues to enjoy a northerly view to the left and the right of the Nuccion Home. 10. During 2008 or 2009, Dr. Roberts trimmed all of the trees on the 15 PB Property and kept them very low so that the view from the Kim Horne over the 18 Portuguese Bend and over the 15 PB Property was unobstructed by trees. 11. I know that Dr. Roberts trimmed the trees on the 15 PB Property in late 2007 or 2008, because the view from the Kim Home to the north that was visible to the left and the right of the Nuccion Home was improved substantially after Dr. Roberts trimmed his trees. 12. • Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The height of the trees in these photographs is substantially taller than the height of the trees that were visible from the Kim Home in 2008. 13. My present recollection of the view from the Kim Home during 2008 across the 18 Portuguese Bend property and continuing over the 15 PB Property is that the trees on the 15 PB Property were substantially lower (perhaps as much as 10 feet or more) than the height of the trees shown in the photographs from 2011. /// /// /// /1/ //1 2 DECLARATION OF YEONG YAE KIM 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this day of October, 2016 at , California. YEONG YAE KIM A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On 2016 before me, a Notary Public in and for said state, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY'S SIGNATURE NOTARY NAME (PRINT) NOTARY'S COMMISSION EXPIRES 3 DECLARATION OF YEONG YAE KIM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TWO PHOTOS FROM 2011 4 DECLARATION OF YEONG YAE KIM -u - 1I wb LI, ; L lele wv SS.,S 11'_5 /xi . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LIANNE KOEBERLE IN SUPPORT OF NUCCION VIEW IMPAIRMENT APPLICATION I, LIANNE KOEBERLE, declare as follows: 1. I have been acquainted with Stephen and Diana Nuccion for many years. 2. I am aware that Stephen and Diana Nuccion have filed an application with the City of Rolling Hills, seeking to have their view restored in accordance with the City's View Ordinance. 3. I possess knowledge and experience with regard to the facts alleged by the Nuccions in their view action. 4. The statements contained in this declaration are based on my personal knowledge and experience. If called as a witness in a legal proceeding, I could and would testify competently to those facts. 5. I know that the Nuccions purchased the home at 18 Portuguese Bend around April 2009 (the "Nuccion Home"). 6. I am aware of and have seen the property adjacent to the Nuccion Home that is improved with a home, several trees, and other improvements, that is located at 15 Portuguese Bend. Road, in the City of Rolling Hills (the "15 PB Property"). 7. I was present at the Nuccion Home in late 2008 and after April 2009. I know that the entire Nuccion Home property was surrounded by a cyclone fence that had an opaque tarp hung on the fence for several months prior to April 2009 and after April 2009. 8. When I was on the Nuccion Home property when the fence was installed, I recall that one could not see any view through the fence to the north, across the 15 PB Property. Accordingly; unless someone was standing on the Nuccion Home property but outside of the fence, one could not see the view to the north, across the 15 PB Property. 9. When I was on the Nuccion Home property when the fence was installed, I stood outside the fence and looked to the north, across the 15 PB Property. 10. The view from this location on the Nuccion Home was a sweeping view over the top of the roof and several trees that were then located on the 15 PB Property. The view included the 1 DECLARATION OF LIANNE KOEBERLE 39.9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cityscape of Torrance and north towards downtown Los Angeles, continuing in an uninterrupted panorama towards the northeast and east towards Signal Hill and Long Beach. This view was beautiful, included a broad vista across a wide viewing area, and was not interrupted or restricted in any way by the trees that were on the 15 PB Property. 11. Attached to this Declaration as Exhibit "A" are two photographs. The Nuccions have informed me that these photographs were taken in 2011 and show the view from their pool area. The view shown in these photographs is very similar to my recollection of the view I saw in 2009, when I was on the pool area of the Nuccion Home. 12. My present recollection of the view from the Nuccion Home during the first three months of 2009 is that the view I saw was better and even less obstructed than the view shown in the photographs from 2011. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 DECLARATION OF LIANNE KOEBERLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this day of October, 2016 at California. LIANNE KOEBERLE A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On 2016 before me, , a Notary Public in and for said state, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. I certify under PENA I ,TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY'S SIGNATURE NOTARY NAME (PRINT) NOTARY'S COMMISSION EXPIRES 3 DECLARATION OF LIANNE KOEBERLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TWO PHOTOS FROM 2011 4 DECLARATION OF LIANNE KOEBERLE f r • 10 Ai vie \^"d LIn L 111 l e/ E.. s s ;S ,,.i5rix ;. THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No: 6-A Mtg. Date: 10/24/16 N. Correspondence submitted by Harold Light on October 14, 2016, including Declarations of Ruben M. Green and Harold J. Light THIS PAGE INTENTIONALLY LEFT BLANK LAW OFFICES OF HAROLD J. LIGHT 11355 WEST OLYMPIC BOULEVARD, SUITE 300 LOS ANGELES, CALIFORNIA 90064-1614 TELEPHONE 1310) 473-2233 FAX 13101 473-0077 October 13, 2016 Via Overnight Delivery City of Rolling Hills Members of the City Council No. 2 Portuguese Bend Road Rolling Hills, California 90274 RECEIVED OCT 1 it 2016 City of Rolling Hills By Our File No: 2122.05 Re: Appeal of Resolution No. 2015-03-CTV of the Committee on Trees and Views to the City Council of the City of Rolling Hills Filed By William and Judith Hassoldt Number 15 Portuguese Bend Road, Rolling Hills Honorable Members of the City Council: I submit this letter on behalf of my clients William and Judith Hassoldt (the "Hassoldts") in connection with the decision by the Rolling Hills City Council (the "Council") to reopen the hearing on the above -referenced matter to consider whether Diana Nuccion and Steve Nuccion (the "Nuccions") had a view over the Hassoldts' property at 15 Portuguese Bend Road ("Number 15") as of April 22, 2009. The burden is on the Nuccions to establish by clear and convincing evidence that they had a view from 18 Portuguese Bend Road ("Number 18"), and the extent of that alleged view, as of the date they purchased that property. Despite the fact that the Nuccions had well over a year and a half to submit such evidence, they utterly failed so to do. Faced with a dearth of evidence that could even arguably support the Nuccions' claim, rather than reverse the View Committee's decision, the Council reopened the matter and allowed the submission of additional evidence.' ' Although both parties before the Council are supposed to be on equal footing, it appears that the City provided the Nuccions with advance notice that the Council might reopen the matter and accept additional evidence. This is evidenced by the fact that even though counsel for the Nuccions and the Hassoldts were provided with the June 9, 2016 Staff Report which presented this option (the "6/9/16 Staff Report") after 2:00 p.m. on Friday, June 10, 2016 by the City Attorney, the Nuccions submitted a declaration on June 13, 2016 which was dated June 9, 2016. (continued...) City of Rolling Hills Members of the City Council October 13, 2016 Page 2 Accompanying this letter are the declaration of Registered Consulting Arborist Ruben Green ("Mr. Green") and my declaration, together with various attachments. As discussed in those declarations and below, the evidence submitted by the Nuccions does not come close to establishing that they had any view over Number 15 on April 22, 2009. Rather, the indisputable evidence establishes, without any doubt, that the Nuccions did not have the view they claim (or any significant view) over Number 15 as of the date they purchased Number 18. 1. INTRODUCTION Among the items submitted by the Nuccions in response to the 6/9/16 Staff Report are a series of satellite photographic images that their "expert," Ms. Kostiuk, downloaded from Google Earth. They show very clearly that the trees the Nuccions complain now block their view were severely topped between November 2009 and March 2011. This is consistent with the position on which the Nuccions finally settled during the course of this matter. They acknowledge that at some point in 2010 or early 2011 they caused the trees on Number 15 to be cut. What they do not acknowledge, but what those photos (and others obtained by Mr. Green) plainly show is that, before the Nuccions had them cut, those trees were substantially higher than they were when the Nuccions first complained about their alleged "lost view." More importantly, the photographs show that the trees were also higher when the Nuccions acquired Number 18. As the declaration of Mr. Green and the photographs identified in and attached to that declaration plainly show, the trees identified as "Tree #12" in Ms. Kostiuk's May 12, 2016 report were well above the utility pole located near those trees on '(...continued) Even more telling is the fact that the declaration was signed in Milan, Italy on June 9, 2016, which is 10 hours ahead of California. (Light Decl. ¶7.) The fact that the Nuccions submitted a report prepared by Anastasia Kostiuk ("Ms. Kostiuk") on May 12, 2016 which purported to address the issue of tree height before and after the Nuccions' purchase of Number 18 is also significant. As of April 25, 2016, the City would not accept additional evidence and the Council had made its decision in this matter. Absent some indication that the City needed more evidence (and might consider accepting additional evidence), there would have been no reason for the Nuccions to retain Ms. Kostiuk to create the May 12, 2016 report. (Light Decl 118.) City of Rolling Hills Members of the City Council October 13, 2016 Page 3 February 12, 2008, over a year before the Nuccions acquired Number 18.2 Attached as Exhibit D to the Green declaration is a photograph taken on February 12, 2008, in which the utility pole can be seen within the trees. The second photo in that Exhibit D was taken on March 5, 2011 and shows the topped trees much lower than the height of the utility pole. There is simply no way around the undeniable fact that the trees identified as "Tree #12" as of February 12, 2008 were substantially taller than the utility pole and in March 2011 were substantially below the top of that same pole. (Green Decl. 119, Exh. D.) On one of the Nuccions own photographs (the metadata of which their attorney tried very hard to avoid producing), the Nuccions wrote that the trees that make up "Tree #12" were "no higher than pole". In connection with their view complaint, the Nuccions tried to mislead the City into believing that the photograph which showed the trees "no higher than pole" was taken sometime around the date they purchased Number 18. When the digital copy of that photograph was finally produced on September 12, 2016 (after three months and a lot of urging by me), the Hassoldts learned that the photograph was actually taken on April 18, 2013, more than two years after the topping that created the Nuccions' view. (Green Decl. 1110, Exh. E; Light Decl. 119, Exh. L; 6/9/16 Staff Report, p. 22.) As discussed below and in the accompanying declarations, the Nuccions have not come close to proving by clear and convincing evidence that they had a view over Number 15 as of April 22, 2009, the date they purchased Number 18. In point of fact, the evidence (submitted by the Nuccions and the Hassoldts) actually proves that the Nuccions did not have a view at that time. Accordingly, the Council must grant the Hassoldts' appeal and reverse the decision of the City's View Committee. 2 A good way to visualize where the utility pole is located with respect to Number 18 is to review the photographs in Exhibit D to the Green declaration. In the first photograph from March 12, 2008, Number 18 (which is still under construction) is at the top of the image. Number 15 sits below, and lines leading to the utility pole can be seen passing below the crowns of trees. The pole itself is not visible, as it is blocked by trees. But that pole can be clearly seen on the third photograph, in which the view has been rotated so that Number 18 sits at the bottom of the image. City of Rolling Hills Members of the City Council October 13, 2016 Page 4 2. REASONS WHY THE NUCCIONS HAVE NOT COME CLOSE TO MEETING THEIR BURDEN OF PROOF a. The Kostiuk Analysis Is Not Credible and Is Demonstrably Inaccurate Mr. Green is a Registered Consulting Arborist who has examined thousands of trees and performed hundreds of forensic examinations of trees using historical aerial imagery. He reviewed the two reports generated by Ms. Kostiuk, dated April 16, 2016 and May 12, 2016, which reports ostensibly identify the results of Ms. Kostiuk's "calculation" of historic heights of certain trees located on Number 15.3 In his experience, Mr. Green has not seen the modeling used by Ms. Kostiuk in any tree height analysis and he does not consider this modeling to be reliable. This was especially true after Mr. Green examined Ms. Kostiuk's analyses and historical aerial images. (Green Decl. ¶4.) Ms. Kostiuk's May 12, 2016 report contains a summary table asserting that the height of the Red Gum Eucalyptus tree on Number 15 designated #12 was 50 feet in 2008, 58 feet in 2009, 63 feet in 2011, and 58 feet in 2012. Mr. Green notes that it is clear from the photographs and from the actual facts on the ground that the "tree" identified by Ms. Kostiuk as #12 is, in fact, more than one eucalyptus tree. (Green Decl. ¶7.) The 2011 image used by Ms. Kostiuk to come up with the height for that year was dated March 7, 2011. Mr. Green also explains that the image from March 7, 2011 shows that those eucalyptus trees had been substantially topped and thinned within at most the previous year. (Green Decl. ¶7.) In addition to reviewing the aerial photographs attached to Ms. Kostiuk's reports, Mr. Green conducted his own research to locate other aerial photographs which show Number 15 during the years between 2008 and 2011. He downloaded images As pointed out in my declaration which accompanies this letter, Ms. Kostiuk's "Photomteric Analysis" does not appear to exist and "photometry" has nothing to do with the types of measurements Ms. Kostiuk purported to do here. Moreover, an internet search uncovered a web page on which Ms. Kostiuk advertises her services (for an hourly rate of $14 earlier this year and $15 now) but provides no information about her education, background and/or training. As stated in my declaration, "[f]rom my investigation into Ms. Kostiuk and the analyses in the reports she has submitted in connection with this matter, I see nothing that suggests this "work" involves a legitimate field of study or method of analysis." (Light Decl. ¶¶13, 14, 15 & 16, Exh. J.) City of Rolling Hills Members of the City Council October 13, 2016 Page 5 from February 12, 2008, March 12, 2008, February 28, 2011 and March 1, 2011 from a website that maintains aerial photographs. The historical images from February and March 2011 reaffirm that the trees in question were, in fact, topped quite severely before the March 7, 2011 image used by Ms. Kostiuk was taken. Mr. Green explains that the images from February 28 and March 1, 2011 clearly show that the trees had been relatively recently topped. Moreover, the images from 2008 which he obtained, as well as the images which accompanied Ms. Kostiuk's May 12, 2016 report (from January 8, 2008 and November 14, 2009) show these trees before they were topped. It is clear from Mr. Green's review of these photographs from 2008 and 2009 that the trees referenced in Ms. Kostiuk's reports had not been topped for several years before the photographs were taken. (Green Decl. ¶¶6 & 7, Exhs. B & C.) Mr. Green notes a number of major inconsistencies in Ms. Kostiuk's reports. For example, she asserts that, while "Tree #12" was 50 and 58 feet in height in 2008 and 2009 (i.e., prior to the topping), the trees which make up "Tree #12" were ostensibly 63 feet in height on March 7, 2011, which was without any doubt after the topping. Mr. Green also points out that Ms. Kostiuk claims that in August 2012, more than a year after the tree(s) had been topped, the height of "Tree #12" had gone back down to 58 feet. (Green Decl. ¶8.) In reviewing historical aerial images of Number 15 and other photographs, another undeniable fact establishes that "Tree #12" was taller in 2008 and 2009 than at any later time between the Nuccions' purchase of Number 18 and April 2013. Mr. Green explains that there is located near to the trees identified as "Tree #12" a utility pole which can be seen in several of the photographs he has reviewed. It is clear from those photographs that the trees that comprise "Tree #12" were, prior to the topping (which occurred sometime after November 2009), taller than the utility pole. After the topping, the historical images show that the trees are lower than the utility pole. (Green Dec1. ¶9, Exh. D.) Even as late as April of 2013, "Tree #12" had not yet grown higher than the top of the utility pole, a fact evidenced by photographs submitted by the Nuccions to the City. On the copy of a photograph taken from a window in the home at Number 18 which was included in the 6/9/16 Staff Report, the Nuccions apparently wrote "no higher than pole" with an arrow pointing toward the tree(s) identified in Ms. Kostiuk's May 12, 2016 report as Tree #12. (Green Decl. ¶10, Exh. E.) Another serious problem with Ms. Kostiuk's analysis is the inconsistency between her two reports. In her April 16, 2016 report, Ms. Kostiuk says that the eucalyptus tree identified as #12 was 57 feet in height in 2010, one foot less than its 58 -foot City of Rolling Hills Members of the City Council October 13, 2016 Page 6 height in 2009. Her April 16, 2016 report also shows that Tree #8, an Olive tree, was 31 feet in 2010. However, in her May 12, 2016 report Ms. Kostiuk calculates the height of Tree #8 at 34.5 feet in 2009, 3 V2 feet taller than the same tree in 2010. The 2010 calculations are based on a 2010 satellite image which, as noted, purports to show Tree #12 and Tree #8 losing between a foot and 3 1/2 feet in height between November 2009 and June 2010. Rather than acknowledge and/or address these anomalies, Ms. Kostiuk simply leaves out of her May 12, 2016 report any reference to 2010 heights. (Green Decl. ¶ 11.) b. Mr. Green's Declaration and Supporting Aerial Photographs Establish that on April 22, 2009 the Nuccions Could Not Have Had the View Over Number 15 They Claim As the above discussion related to Ms. Kostiuk's reports show, Mr. Green's declaration establishes that those reports cannot possibly be used to support the Nuccions' contention about having had a view over Number 15 in April 2009. More significantly, the facts and analysis presented by Mr. Green, under oath, unequivocally establish that the Nuccions could not have had on April 22, 2009 the view they seek to create over Number 15. The aerial photographs from 2008 and 2009 plainly show that the trees on Number 15, which would be blocking the view, had not been topped for quite some time. On the other hand, the aerial photographs from early 2011 show that trees on Number 15 had been topped prior to those photographs being taken. (Green Decl. ¶7, Exhs. B & C.) Mr. Green's analysis of the tree heights vis a vis the utility pole on Number 15 and the aerial photographs taken from above 13 Portuguese Bend Road ("Number 13") toward Number 15 and Number 18 which support that analysis present further extremely compelling evidence that the view the Nuccions want to establish could not have existed as of April 22, 2009. (Green Decl. ¶9, Exh. D.) The irrefutable photographic evidence unquestionably shows that the view the Nuccions are trying to create at the expense of trees on Number 15 was simply not there in April 2009. (Green Decl. ¶¶7, 8, 9 & 10, Exhs. B, C, D & E.) Anyone involved in submitting belated attempts to prove otherwise is either mistaken or dissembling. Under such circumstances, the Council cannot make the statutorily required finding that the Nuccions had a view over Number 15 (and the extent of that alleged view) by clear and convincing evidence. City of Rolling Hills Members of the City Council October 13, 2016 Page 7 c. The Declarations of Messrs. Roberts and Cardenas are Not Credible and Cannot Be Reconciled With the Irrefutable Evidence The timing of both declarations submitted after the 6/9/16 Staff Report suggesting that the Nuccions had a view over Number 15 as of April 22, 2009 is suspicious to say the least. The owner of 13 Portuguese Bend Road ("Number 13"), Sean Cardenas ("Mr. Cardenas"), has made no secret of his antipathy for the Hassoldts and his support for the Nuccions in their dealings with the owners of Number 15. Despite that fact, in the more than two years the matter had been pending (and throughout all of the hearings before the View Committee and the Council), Mr. Cardenas never testified or even suggested that the Nuccions had a view at the time they purchased Number 18. Not until after City Staff realized the Council had received virtually no competent evidence even suggesting the Nuccions had a view at that time (let alone establishing that fact by clear and convincing evidence) did the Nuccions submit the declarations of Mr. Cardenas and James C. Roberts III ("Mr. Roberts"). As discussed above in the sections addressing the Kostiuk analysis and going over Mr. Green's declaration, it is not possible that the view Mr. Roberts and Mr. Cardenas suggest existed as of the date the Nuccions purchased Number 18 actually did exist as of that time. The evidence is clear that sometime after the purchase, the Nuccions caused trees on Number 15 to be topped and thereby created a view. Based on the undeniable photographic evidence which establishes this fact, the Nuccions' declarants (who may be mistaken as to the timing of their noticing the view from Number 18) are unquestionably not accurately reporting the extent of the view they purportedly witnessed from the Nuccions' property soon after the purchase in April 2009. The testimony of both declarants is not credible for other reasons as well. As discussed above, Mr. Cardenas' antipathy for the Hassoldts and friendship with the Nuccions points to bias, while the fact that he never before commented on the claimed view during these proceedings raises a credibility question. Likewise, the fact that Mr. Roberts would not speak with the Hassoldts' attorney about the declaration the Nuccions' attorney Howard Weinberg ("Mr. Weinberg") apparently prepared raises a question about his credibility. As discussed in my accompanying declaration, when I attempted to speak with Mr. Roberts about his declaration and the circumstances of its preparation, he failed or refused to agree to speak with me City of Rolling Hills Members of the City Council October 13, 2016 Page 8 on the issue. (Light Decl. ¶¶9, 10, 11 & 12, Exhs. G, H & I.) This, despite the fact that Mr. Roberts and I are acquainted having met years ago at a social event." The undeniable facts established by aerial photographs (as analyzed by Mr. Green) show that the declarations of Mr. Roberts and Mr. Cardenas do not accurately reflect Number 18's view over Number 15 as of April 22, 2009. One does not need Mr. Green's expert analysis to see that the trees growing on Number 15 had not been cut in 2008 up through November 2009 and that in 2010 and/or 2011 they had been cut. There is no question that trees on Number 15 were topped and that such topping created a view for the Nuccions over the neighboring property after they purchased Number 18. Inasmuch as these declarations clearly do not square with the facts as revealed by the photographs, they are not accurate and should be disregarded. While intentional misrepresentation cannot be completely ruled out, we prefer to give both declarants the benefit of the doubt and assume they were either confused (which, in Mr. Robert's case, was evidenced by his reactions to my inquiries regarding his declaration) or were themselves misled by the Nuccions (who have most certainly shown a proclivity for disingenuousness throughout the course of this matter). Without any doubt, at best for Messrs. Roberts and Cardenas, they were mistaken as to the timing of when the view they identified in their declarations existed and these declarations do not come close to establishing the existence of a view from Number 18 over Number 15 by clear and convincing evidence. d. The Nuccions Conduct Vis A Vis Copies of Digital Photographs Submitted to the City Further Shows their Position Is Not Credible The Nuccions made no effort to accurately identify the dates the photographs submitted to the City in support of their view complaint were taken. This, despite the fact that these were digital photographs and the metadata for each such photograph shows the precise date they were taken. The only reason accurate information as relates to any of the potentially relevant photographs was presented to the Council is because the Nuccions had e -mailed a digital copy of a photograph J It was even more surprising to see the detailed declaration from Mr. Roberts in light of the fact that I had previously spoken to Mr. Roberts (in the fall of 2015) at which time his memory on the issues presented here was not at all clear and he said nothing about the Nuccions having a view at or around the time they bought Number 18. (Light Decl. ¶9.) City of Rolling Hills Members of the City Council October 13, 2016 Page 9 to the Hassoldts before submitting their view complaint. The Nuccions then submitted to the City the virtually identical photograph a few times without a date and finally with a date of "July 2010". (See pp. 17, 63 and 83 of the 6/9/16 Staff Report.) Only after (a) the inaccuracy was brought to the Council's attention last Spring, (b) the Council allowed the Nuccions to submit additional evidence, and (c) their attorney represented that he would produce digital copies of photographs submitted to the City, did the Nuccions finally concede that the date on the photograph should have been July 18, 2011. (Light Decl. ¶17.) Even though Mr. Weinberg had agreed at the June 13, 2016 meeting to produce digital copies of the photographs submitted in support of the view complaint within ten (10) days, he in fact did not produce any such photographs until July 20, 2016. In that production, Mr. Weinberg only produced digital images for certain of the photographs the Nuccions had submitted to the City. At that time, in addition to the referenced mistake between July 2010 and July 18, 2011, the Nuccions also had to acknowledge that another photograph wrongly dated July 2011 was actually taken in July 2012. (Light Decl. ¶ 18, Exh. K.) After reviewing the belatedly produced photographs I pointed out to Mr. Weinberg that at least 12 photographs the Nuccions had submitted to the City (and which were appended to the 6/9/16 Staff Report) had not been included in the July 20, 2016 production. Mr. Weinberg initially balked at turning over digital copies of those unproduced photographs. Although Mr. Weinberg finally did agree to produce digital copies of the photographs his clients had initially not provided to my office, additional digital images were not actually produced until September 12, 2016. Despite the fact that these photographs were undoubtedly taken with a digital camera and the Nuccions had to have been able to print them out from somewhere, Mr. Weinberg represented that five (5) of the digital photographs could not be found. (Light Decl. ¶19, Exh. L.) The Nuccions (and/or their counsel) delayed in producing the digital images Mr. Weinberg promised to produce and failed to acknowledge inaccurate dates on submitted photographs until the very belated production of certain images in July 20, 2016. The Nuccions (and/or their counsel) initially failed to produce missing images and then claimed they were unable to locate certain of the digital images of photographs they had not produced on July 20, 2016. Such conduct as relates to the photographs submitted to the City further shows that the Nuccions are not credible. City of Rolling Hills Members of the City Council October 13, 2016 Page 10 e. Throughout the Pendency of this Matter the Nuccions Have Affirmatively Sought to Mislead the City As noted above, it is clear from the 6/9/16 Staff Report that the Nuccions had utterly failed to present competent evidence in support of their view complaint that they had the view they claim over Number 15. Worse than that, however, is the undeniable fact that the Nuccions have throughout this proceeding sought to mislead the City. After stating in their April 24, 2014 view complaint that they "had trimmed the trees @ #15 for years" they submitted numerous photographs which purported to establish that the Nuccions had a view over Number 15 (but they carefully avoided saying as of what date). After many months of hearings and evidentiary submissions, the City issued the 6/9/16 Staff Report which noted a lack of evidence to support a finding that the Nuccions had a view on April 22, 2009 when they bought Number 18. Evidently in response to that staff report (or other advance notification from the City of the need for more evidence), the Nuccions submitted the declarations of Mr. Roberts and Mr. Cardenas and the unsubstantiated and baseless report prepared by Ms. Kostiuk. As the Green Declaration and the accompanying photographs plainly show, the suggestion in the referenced documents that the Nuccions' had the view they claim (or any significant view) over Number 15 is demonstrably inaccurate. The aerial photographs identified in Mr. Green's declaration put the lie to the Nuccions' belated argument that they had a view over Number 15 when they bought Number 18. Perhaps the clearest evidence of this is fact are the aerial photographs taken from above Number 13 toward Number 15 and Number 18 on February 12, 2008 and March 5, 2011 which show the trees identified as "Tree #12" in Ms. Kostiuk's May 12, 2016 report. Those photographs plainly confirm that "Tree #12" was substantially taller than the utility pole in February 2008 and substantially below the top of that same pole in March 2011. (Green Decl. ¶9, Exh. D.) Even the Nuccions made the handwritten point on a photograph submitted in support of their view complaint that the trees that make up "Tree #12" were "no higher than pole". At the time the Nuccions submitted that photograph (page 22 of the 6/9/16 Staff Report), which was taken from their master bedroom, they presumably believed they would never have to disclose the date of the photograph. So, consistent with the disingenuous way they have approached this matter from the start, the Nuccions submitted the photograph which showed that the trees making up "Tree #12" were "no higher than pole" as if is was near in time to their purchase of Number 18. The date that photograph was taken is, in fact, April 18, 2013, more City of Rolling Hills Members of the City Council October 13, 2016 Page 11 than two years after the topping of trees that took place in 2010 or 2011. (Green Decl. ¶¶9 & 10, Exhs. D & E; Light Decl. ¶19, Exh. L.) That photograph, which the Nuccions sought to mislead the City into believing showed the view they purchased in April 2009, was actually taken nearly four (4) years after they bought Number 18. The submission of two reports from Ms. Kostiuk, which do not stand up to even the most minimal scrutiny, further evidences the Nuccions' disingenuous approach to their view complaint and the City. Their failure to produce digital copies of all photographs submitted to the City is yet another example of this approach. The record is replete with examples of the Nuccions seeking to mislead the City in respect to this matter. Although the Hassoldts are not in this letter attempting to identify all (or anything close to all) of such conduct, the Nuccions' actions (of which the City should be well aware) are relevant to the Council's determination. Even without the clear and undeniable evidence now before the Council which establishes that the Nuccions did not have a view when they purchased Number 18 in April 2009, their misleading approach to this matter in and of itself would have to raise major suspicions as to the Nuccions' claims. 3. CONCLUSION The Nuccions' attempts to mislead the City throughout this proceeding (in testimony and in connection with the photographs they submitted) is improper in the extreme. Such misconduct when coupled with the totally inadequate record before the Council, establishes that the Nuccions have not come close to presenting sufficient evidence to meet their statutory burden. The Hassoldts hope and expect that the Council will follow the dictates of the statute and reach the only conclusion deducible from the evidence, the Nuccions have failed to establish by clear and convincing evidence that they had the view they now seek to create (or any view) over Number 15 at the time they bought Number 18 on April 22, 2009. Sincerely, LAW OFFICES OF HAROLD J. LIGHT HJL:akb Enclosures DECLARATION OF RU BEN M. GREEN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF RUBEN M. GREEN I, Ruben M. Green, declare as follows: 1. I know the facts set forth in this declaration of my own personal knowledge and, if called as a witness, I could and would competently testify to such facts under oath. 2. I am an arborist and the president of Evergreen Arborists Consultants, Inc. An arborist is a tree specialist who uses his or her education, knowledge, training, and experience to examine trees, tree heights, and historical aerial images of trees. I have been retained to opine on the issue of historical tree height in connection with trees located on property owned by William and Judith Hassoldt located at 15 Portuguese Bend Road in the City of Rolling Hills ("No. 15 PBR"). 3. I have over 31 years of experience in the landscape industry. My background includes hands-on experience in tree care, landscape maintenance, construction, and irrigation management. I have a Master's Degree in plant science from California State Polytechnic University, Pomona. I provide detailed investigations, independent analysis, and, since 2003, expert witness testimony. I am a Registered Consulting Arborist with the American Society of Consulting Arborists, a certified arborist and a certified tree risk assessor with the International Society of Arboriculture ("ISA"), licensed pesticide applicator with the state of California, and a C-27 licensed California contractor. A true and correct copy of my curriculum vitae is attached to this declaration as Exhibit "A" and incorporated by this reference as if set forth here in full. 4. I was provided copies of two reports generated by Anastasia Kostiuk ("Kostiuk"), dated April 16, 2016 and May 12, 2016, which reports ostensibly identify the results of Kostiuk's "calculation" of historic heights of certain trees located on No. 15 PBR. I have examined thousands of trees and performed hundreds of forensic examinations of trees using historical aerial imagery. In my experience, I have not seen the modeling used by Kostiuk in any tree height analysis. I do not consider this modeling to be reliable. This is especially true after examining her analyses and historical aerial images. Declaration of Ruben M. Green 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Kostiuk's May 12, 2016 report contains a summary table asserting that the height of the Red Gum Eucalyptus tree on No. 15 PBR designated #12 was 50 feet in 2008, 58 feet in 2009, 63 feet in 2011, and 58 feet in 2012. (Note that it is clear from the photographs and from the actual facts on the ground that the "tree" which is identified as #12 is, in fact, more than one eucalyptus tree.) Kostiuk says she came up with her measurements from publicly available satellite images, copies of which she attaches to her report. 6. I have conducted my own research to locate other aerial photographs which show No. 15 PBR during the years between 2008 and 2011. In doing so I used an online application called CONNECTExplorer from a company called Pictometry Online. This service allows the user to obtain photographs of specified properties from different angles on certain available dates. I was able to identify and download from CONNECTExplorer aerial photographs of No. 15 PBR taken on February 12, 2008, March 12, 2008, February 28, 2011 and March 1, 2011. 7. The 2011 satellite image Kostiuk used was taken on March 7, 2011. (See page 9 of her May 12, 2016 report.) That image shows that the eucalyptus trees identified in her report as #12 had been substantially topped and thinned in their entirety. The historical images that I obtained from February and March 2011 likewise affirm that the trees in question were, in fact, topped quite severely at least within the previous year. In contrast, the images from 2008 which I obtained, as well as the images which accompanied Kostiuk's May 12, 2016 report (from January 8, 2008 and November 14, 2009) show these trees before they were topped. In fact, it is clear from my review of these photographs from 2008 and 2009 that the trees referenced in Kostiuk's reports had not been topped for several years before the photographs were taken. True and correct copies of the GoogleEarth aerial photographs from the years 2008, 2009 and 2011 which were attached to Kostiuk's May 12, 2016 report and CONNECTExplorer aerial photographs from February and March of 2008 and 2011 are respectively attached to this declaration as Exhibits "B" and "C" and incorporated by this reference as if set forth here in full. Declaration of Ruben M. Green 4,20 2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Kostiuk asserts that, while the trees designated as "Tree #12" were 50 and 58 feet in height in 2008 and 2009 (i.e., prior to the topping), they were ostensibly 63 feet in height on March 7, 2011, which was, without any doubt, after the topping. For that to have happened, the trees would have had to grow exponentially between November 2009 (the last photo before the topping) and the date of the topping and then have been lowered by that topping to put them at 63 feet on March 7, 2011. That is not credible. Moreover, Kostiuk asserts that, in August 2012, at least a year and a half after the tree(s) had been topped, the height of "Tree #12" had gone back down to 58 feet. That is also not credible. 9. In reviewing historical images of No. 15 PBR, another undeniable fact establishes the inaccuracy of Kostiuk's analysis. There is located near to the trees identified as "Tree #12" a utility pole which can be seen in several of the photographs I have reviewed. It is clear from those photographs that the trees that comprise "Tree #12" were, prior to the topping (which we know from the images occurred sometime after November 2009), taller than the utility pole. Following the topping, the historical images show that the trees are lower than the utility pole. True and correct color copies of aerial photographs taken from above 13 Portuguese Bend Road toward No. 15 PBR and 18 Portuguese Bend Road ("No. 18 PBR"), on February 12, 2008 (showing the trees identified as "Tree #12" substantially taller than the pole) and March 5, 2011 (showing those same trees substantially below the top of the pole) are collectively attached to this declaration as Exhibit "D" and incorporated by this reference as if set forth in full. 10. Even as late as April of 2013, the trees which made up "Tree #12" had not yet grown higher than the top of the utility pole. This fact is evidenced by photographs which I am informed were submitted by the owners of the neighboring property at No. 18 PBR. On the copy of a photograph taken from a window in the home at No. 18 PBR which was included in the Staff Report from June 9, 2016, there is a notation "no higher than pole" with an arrow pointing toward the tree(s) identified in Kostiuk's May 12, 2016 report as Tree #12. A true and correct color copy of the referenced copy of the photograph with writing and a color copy of another nearly identical photograph which I understand was Declaration of Ruben M. Green 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 produced by the owner of No. 18 PBR (and which shows it was taken on April 18, 2013) are collectively attached to this declaration as Exhibit "E" and incorporated by this reference as if set forth in full. 11. Another serious problem with Kostiuk's analysis is the inconsistency between her two reports. In her April 16, 2016 report, Kostiuk says that the eucalyptus tree(s) identified as #12 were 57 feet in height in 2010, a foot less than the 58 -foot height Kostiuk gives them as of November 2009. Her April 16, 2016 report also shows that Tree #8, an Olive tree, was 31 feet in 2010. However, in her May 12, 2016 report Kostiuk calculates the height of Tree #8 at 34.5 feet in 2009. In other words, according to Kostiuk, that tree was 3 % feet taller in November 2009 than it was in 2010. The 2010 calculations are based on a 2010 satellite image which, as noted, purports to show Tree #12 and Tree #8 losing between a foot and 3 ''A feet in height between November 2009 and June 2010. Rather than acknowledge and/or address these anomalies, Kostiuk simply leaves out of her May 12, 2016 report any reference to 2010 heights. Instead, she relies on the November 2009 and March 2011 Google images to span that time period. Were Kostiuk's calculations accurate, Tree #12 and Tree #8 would have had to go down in size between November 2009 and June 2010. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on October 13, 2016 at Mission Viejo, California. Ruben M. Green Declaration of Ruben M. Green 4 DECLARATION OF HAROLD J. LIGHT DECLARATION OF HAROLD J. LIGHT I, Harold J. Light, declare: 1. I am an attorney duly licensed to practice law in the State of California and am the principal in the Law Offices of Harold J. Light, counsel for William and Judith Hassoldt (the "Hassoldts") in connection with their appeal to the City Council of the City of Rolling Hills (the "Council") from the decision of the Committee on Trees and Views (the "View Committee") to approve Resolution No. 2015.03-CTV (the "Hassoldt Appeal"). I make this declaration in support of the Hassoldt Appeal. 2. I know the facts set forth in this declaration of my own personal knowledge and, if called as a witness, I could and would competently testify to such facts under oath. 3. The Hassoldts own 15 Portuguese Bend Road ("Number 15") located in the City of Rolling Hills (the "City") which is next door to property I understand is currently owned by Diana Nuccion and Steve Nuccion (the "Nuccions") at 18 Portuguese Bend Road ("Number 18"). 4. My office caused the Hassoldt Appeal to be filed with the City on October 27, 2015. The initial hearing on the Hassoldt Appeal and an associated appeal submitted by the Nuccions (the "Appeals") was held November 23, 2015. Following that hearing, there was a Field Trip to Number 15 and Number 18, a number of Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 1 additional hearings, each of which provided the parties with the opportunity to submit additional evidence to the City for consideration by the Council. The Nuccions took advantage of that opportunity on at least two occasions. However, the evidence submitted by the Nuccions following the Appeals did not seek to establish that they had a view (or the extent of any claimed view) over Number 15 at the time they purchased Number 18 on April 22, 2009. THE JUNE 9, 2016 STAFF REPORT 5. City Staff issued a Staff Report dated June 9, 2016, in advance of the hearing on the Appeals set for June 13, 2016 (the "6/9/16 Staff Report"). The Council had previously directed City Staff to prepare a Resolution denying the Appeals. However, the 6/9/16 Staff Report raised the question whether there was sufficient evidence before the City to support a finding that the Nuccions had the view the View Committee sought to create for them (or any view) at the time they bought Number 18. One option the 6/9/16 Staff Report presented to the Council was reopening the matter and allowing for submission of additional evidence on whether (and to what extent) the Nuccions had a view at the time they bought Number 18. Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 2 a IT APPEARS THAT THE NUCCIONS WERE TOLD ABOUT THE 6/9/16 STAFF REPORT AND THE CITY'S INTENTION TO CONSIDER ADDITIONAL EVIDENCE BEFORE THE HASSOLDTS 6. On Friday, June 10, 2016 at 2:06 p.m. City Attorney Michael Jenkins ("Mr. Jenkins") sent an e-mail to me and to counsel for the Nuccions, Howard Weinberg ("Mr. Weinberg"). In that e-mail Mr. Jenkins stated "A courtesy copy of the staff report concerning the 15/18 Portuguese Bend Road view matter for Monday's Council meeting is attached." This e-mail was the first I had heard about the 6/9/16 Staff Report and/or about the possibility that the Council might reopen the matter and allow the submission of additional evidence. A true and correct copy of Mr. Jenkins' June 10, 2016 e-mail is attached as Exhibit "F" and incorporated by this reference as if set forth here in full. 7. At the hearing on June 13, 2016, Mr. Weinberg submitted a letter attaching various documents which purport to establish that the Nuccions had a view over Number 15 at the time they purchased Number 18. One of those documents was a declaration of the son of the former owner of Number 15, James C. Roberts III ("Mr. Roberts"). Despite the fact that I was not made aware of the 6/9/16 Staff Report until after 2:00 p.m. on June 10, 2016, Mr. Roberts' declaration is signed on June 9, 2016. Additionally, because Mr. Roberts signed his declaration in Milan, Italy, it was at the time he executed the document nine (9) hours later than it was in California. Thus, if Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015.03-CTV to City Council 3 Mr. Roberts had signed the declaration at 8:00 a.m. local time on June 9, 2016, at the time of signature, it would have been June 8, 2016 in California. 8. An even more dramatic indicator that the Nuccions were advised about the City's intention to consider (or possibly consider) additional evidence in the matter long before the 6/9/16 Staff Report is the fact that the Nuccions submitted on June 13, 2016 a report signed by Anastasia Kostiuk ("Ms. Kostiuk") which is dated May 12, 2016. As stated in Mr. Weinberg's June 13, 2016 letter, "[a]t the City Council hearing on April 25, 2016 [the Council] voted to make the required findings and draft a resolution granting to the Nuccions a view restoration determination." Accordingly, as of April 25, 2016 the City would not accept additional evidence and the Council had made its decision on the Appeals. Absent some indication that the City needed more evidence (and might consider accepting additional evidence), there would have been no basis for the Nuccions to retain Ms. Kostiuk to create the May 12, 2016 report. MY INTERACTIONS (AND ATTEMPTS TO SPEAK WITH) MR. ROBERTS 9. Because he was the previous owner's son (and because I had met Mr. Roberts years ago at a social event), in the fall of 2015 I contacted him by telephone to discuss the issues in this case. During our telephone conversation, Mr. Roberts was friendly but his memory on the issues presented was not at all clear. Mr. Roberts definitely did not tell me anything about visiting the Nuccions' property and seeing Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 4 that they had a view at or around the time they purchased Number 18. Especially in light of this telephone conversation, I was very surprised to see on June 13, 2016 the declaration from Mr. Roberts claiming to have a fairly detailed memory of the view from Number 18 in the 60 days after the Nuccions purchased that property. 10. In light of the fact that I know him personally and had previously spoken to him about this matter (in the fall of 2015) and because of his apparent new memories on the issue and the timing of his declaration, I placed a call to Mr. Roberts on June 14, 2016. I received an e-mail from Mr. Roberts in response to my telephone message in which he stated "I'm nine hours ahead of you. Not sure when I can call you back. What's up?" I responded to his e-mail stating the following: I wanted to find out about the declaration that you signed last Thursday (June 9, 2016) which was submitted to the Rolling Hills City Council yesterday (Monday, June 13, 2016) on behalf of the Nuccions. I was hoping to find out when the Nuccions' attorney contacted you about the declaration and how it came to be prepared. Perhaps we can speak tomorrow or Thursday morning before your day ends. Is there a best time (California time) for me to give you a call? Mr. Roberts then stated in another e-mail responding to mine: "You should probably direct those questions to the lawyer for the Nuccions. This week is terrible for me; I'm on a call now and going to sleep as soon as it is over. Sorry." A true and correct copy of Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 5 the e-mail string which contains the referenced exchanges between me and Mr. Roberts is attached as Exhibit "G" and incorporated by this reference as if set forth here in full. 11. I responded to Mr. Roberts' e-mail about contacting the Nuccions' attorney and wrote: "Is the Nuccions' attorney representing you? If not, I would like to touch base with you at some point in the next week or so (after your terrible week is over)." I did not receive any response to this e-mail from Mr. Roberts by e-mail or telephone. A true and correct of my e-mail to Mr. Roberts asking whether the Nuccions' attorney represents him is attached as Exhibit "H" and incorporated by this reference as if set forth here in full. 12. After I had heard nothing from Mr. Roberts for more than three weeks, on July 11., 2016 I sent him another e-mail in which I wrote the following: I trust things are not as hectic for you now. I did not hear back from you whether the Nuccions' attorney is representing you. Assuming he is not, please let me know whether you would be willing to discuss with me the declaration that you signed in Milan, Italy on June 9, 2016 and if so when might be a good time for me to give you a call. If you will not discuss the declaration with me would you please explain why? I did not receive any response to this e-mail from Mr. Roberts by e-mail or telephone and have, as of the date of this declaration, heard nothing from him. A true and Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015.03-CTV to City Council r,6 correct copy of my July 11, 2016 e-mail to Mr. Roberts is attached as Exhibit "I" and incorporated by this reference as if set forth here in full. INFORMATION REGARDING ANASTASIA KOSTIUK 13. On two occasions in this matter, the Nuccions have submitted reports referred to as "Photomteric Analysis" signed by a person identified as Anastasia Kostiuk ("Ms. Kostiuk"). My efforts to find any information about or definition of "Photomteric Analysis" turned up nothing. Thinking it may have been a typographical error (on both reports), I searched the internet for a definition of "photometry" and saw that it appeared to primarily be defined as "the measurement of the flux or intensity of an astronomical object's electromagnetic radiation". I did not see any definition of "photometry" or "photometric analysis" that had anything to do with measuring trees by examining aerial photographs. 14. I located information about Ms. Kostiuk on the internet by entering the name "Anastasia Kostiuk" in my Google Chrome browser. On the third internet page I found an entry for "Engineer, video editor, 3D modeller, designer" which when clicked on brought me to a page apparently published by a company by the name Upwork Global, Inc. identifying her as "Anastasiia Kostiuk". On the page, without providing any information about her background, education or training, Ms. Kostiuk states: "[h]aving a fundamental technical education, as well as the constant need to apply my Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 7 knowledge to practice, I can do lots of interesting and unusual things." This web page showed when I first checked on it earlier in the year that she charged $14 per hour. When I checked the same page this past week, the only apparent change was increasing her hourly fee to $15. True and correct copies of the web page with information about Ms. Kostiuk (both from earlier this year and this past week) are collectively attached as Exhibit "J" and incorporated by this reference as if set forth here in full. 15. On both the older and more recent pages, Ms. Kostiuk appears to have obtained from the Nuccions' attorney a testimonial about her work (presumably on her first report submitted in April 2016). This testimonial identifies Ms. Kostiuk as an "Image Analyst to calculate the size of trees in photographs" and shows a date of "Mar 2016 - Apr 2016". The person retaining Ms. Kostiuk for this project gave her 4.45 out of five (5) stars and wrote "Anastasia completed a difficult task in a short period of time. I was very pleased with her work product." The page shows that Ms. Kostiuk was paid a flat fee of $400 in connection with this project. 16. Nowhere on the page or in either of her reports does Ms. Kostiuk provide any educational or other background information which would purportedly provide any foundation for the analyses she claims to have done here. From my investigation into Ms. Kostiuk and the analyses in the reports she has submitted in connection with this matter, I see nothing that suggests this "work" involves a legitimate field of study or method of analysis. Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 8 MR. WEINBERG'S ACTIONS AND INACTION FOLLOWING HIS AGREEMENT TO PRODUCE DIGITAL IMAGES OF PHOTOGRAPHS SUBMITTED TO THE CITY BY THE NUCCIONS 17. The Nuccions made no effort to accurately identify the photographs submitted to the City in support of their view complaint. The only reason accurate information as relates to any of the potentially relevant photographs was presented to the City is because the Nuccions had sent a digital copy of a photograph to the Hassoldts before submitting a view complaint. The Nuccions then submitted the virtually identical photograph to the City a few times without a date and finally with a handwritten date of "July 2010". (See pp. 17, 63 and 83 of the 6/9/16 Staff Report.) Only after the inaccuracy was brought to the Council's attention last Spring, the Council allowed the Nuccions to submit additional evidence, and Mr. Weinberg represented that he would produce digital copies of photographs submitted to the City, did the Nuccions finally concede that the date on the photograph should have been July 18, 2011. 18. Even though Mr. Weinberg had agreed at the June 13, 2016 meeting to produce digital copies of the photographs submitted in support of the view complaint within ten (10) days, he in fact did not produce any such photographs until July 20, 2016. In that production, Mr. Weinberg only produced digital images for certain of the photographs the Nuccions had submitted to the City. At that time, in addition to the Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015.03-CTV to City Council 9 referenced mistake between July 2010 and July 18, 2011, the Nuccions also had to acknowledge that another photograph wrongly dated July 2011 was actually taken in July 2012. A true and correct copy of the "Summary of Nuccion Digital Photos" dated July 20, 2016 which for the first time admits to inaccurate dates on submitted photographs, is attached as Exhibit "K" and incorporated by this reference as if set forth here in full. 19. After reviewing the belatedly produced digital images of the photographs, I pointed out to Mr. Weinberg that no fewer than 12 photographs the Nuccions had submitted to the City (and which were appended to the 6/9/16 Staff Report) had not been included in the July 20, 2016 production. Mr. Weinberg initially refused to produce digital copies of those unproduced photographs. Although Mr. Weinberg finally did agree to produce digital copies of the photographs he (and his clients) had initially not provided to my office, additional digital images were not actually produced until September 12, 2016. Despite the fact that these later produced photographs were undoubtedly taken with a digital camera and they had to have been able to print them out from somewhere, Mr. Weinberg represented that five (5) of the digital photographs could not be located (so that the Nuccions would not provide metdata for those photographs). A true and correct copy of the "Summary of Nuccion Digital Photos" dated September 12, 2016 which states with respect to five (5) of the missing photographs "Image not found" is attached as Exhibit "L" and incorporated by this reference as if set forth here in full. Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015-03-CTV to City Council 10 20. On July 11, 2016 I sent an e-mail to Mr. Weinberg inquiring about the delay in producing digital copies of photographs as agreed on June 13, 2016. After we received fewer than all digital photographs, I exchanged a number of e -mails with Mr. Weinberg in an effort to have him comply with his agreement and the Council's direction and produce digital copies of photographs submitted in support of the view complaint. True and correct copies of the various exchanges of e -mails (which span the period between July 11, 2016 and September 9, 2016) related to Mr. Weinberg's failure to produce digital copies of photographs are collectively attached as Exhibit "M" and incorporated by this reference as if set forth here in full. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on October 13, 2016 at Los Angeles, California. Declaration of Harold J. Light Re: Reopened Hearing of Hassoldt Appeal of Res. No. 2015.03-CTV to City Council 11 CURRICULUM VITAE 2015 Ruben M. Green, M.S. President, Evergreen Arborists Consultants, Inc. Forensic & Consulting Arborist rgreen@greenarborists.com www.greenarborists.com Ruben Green, president of Evergreen Arborists Consultants, Inc. has over 30 years of experience in the landscape industry. His background includes hands-on experience in tree care, landscape maintenance, construction, and irrigation management. His problem solving approach, make him an excellent choice as a technical consultant or expert witness on a wide variety of tree and landscape related issues. He provides detailed investigations, independent analysis and expert witness testimony in support of litigation for premises liability, MSJ, trespass, inverse condemnation, eminent domain, worker safety, and tree nuisance cases. PROFESSIONAL EXPERIENCE He has served as an expert witness, technical consultant or forensic investigator for cases and claims in California, Idaho, and Hawaii. Mr. Green has testified at over 85 depositions, 80 mediations, three arbitrations, six bench and eight jury trials. He has performed over 3,000 tree appraisals, tree risk & hazard assessments, and over 500 urban and wildfire fire damage claims, tree protection reports for construction projects, tree root analysis, and personal injury and property damage cases. Percentage of designated expert witness case work since 2010 is approximately 50% for defense and 50% for plaintiff. EDUCATION M.S. Plant Science 2011, California State Polytechnic University, Pomona. PARTIAL LISTING AS LITIGATION CONSULTANT OR EXPERT WITNESS Harrington, Foxx, Dubrow & Canter, LLP Law Office of Levifon, Diaz & Ginocchio Description: Jury trial 2014. Tree worker Description: Bench trial worker injury. safety. 2010. Law Office of Martin Holly, LLP Description: Jury trial 2010. Utility pruning and property damage. The Ball Law Firm Description: Jury trial 2008. Tree and landscape appraisals. Los Angeles 818.986.0137 Law Office of Newmeyer & Dillion, LLP Description: Bench trial 2009. View obstruction and slope stability. Law Office of Archer Norris Description: Trespass tree appraisals Orange County 949.837.7700 Palo Alto 650.644.61 15 PARTIAL LISTING AS LITIGATION CONSULTANT OR EXPERT WITNESS, cont'd Law Office of Callahan, McCune & Willis Description: Jury trial 2008. Tree appraisals due to chemical spill. Law Office of Brent C. Scott. Description: Jury trial 2008. View obstruction personal injury. Law Office of Watten, Discoe, Bassett & McMains. Description: Bench trial 2007. Trespass tree appraisals. Law Office of: Borton, Petrini & Conron, LLP. Description: Jury trial 2006. View and tree palm appraisals. Law Office of Orrick, Herrington & Sutcliffe, LLP. Description: Arbitration 2010. View obstruction. Law Office of Quinn, Emanuel, Urquhart & Sullivan, LLP. Description: Approximately 350 Wildfire tree, landscape, irrigation, and nursery evaluations. Law Office of Thorpe & Howell Description: Trespass tree appraisals, tree poisoning, and tree root damage. Law Office of Bremer, Whyte, Brown & O'Meara. Description: Landscape construction defect and tree roots Law Office of Richards, Watson & Gershon. Description: Eminent domain nursery evaluations. Law Office of P.K. Schrieffer, LLP. Description: Wildfire tree, landscape, irrigation evaluations and trespass tree appraisals. Wood, Smith, Henning & Berman. Description: Wildfire tree landscape, irrigation and cases. Los Angeles 818.986.0137 Law Office of Michael Hearn. Description: Landscape construction defect slope failures. Law Office of Hinshaw & Culbertson LLP Description: Personal injury, construction defect. Law Office of Nelson & Griffen, LLP. Description: Jury trial. Trespass tree appraisals. Law Office of Lewis, Brisbois, Bisgaard & Smith LLP. Description: Tree removals, worker accident, tree roots, and landscape construction defect. Reed Smith LLP. Description: Trespass tree appraisals. Law Office of Wesierski & Zurek. Description: Worker injury and standard of care cases. Law Office of Prout & LeVangie Description: Tree root displacement and personal injury. Law Office of Coddington, Hicks & Danforth. Description: Trespass tree appraisal cases. Law Office of M. C. Hall & Associates Description: Tree risk assessment, view obstruction, trespass and nuisance. Law Office of Chong & Chong Description: Tree failure and wrongful death tort. RPM Law Group. Description: Tree failure and tree root cases Law Office of Williams and Associates Description: Construction defect. Orange County 949.837.7700 Palo Alto 650.644.6115 'Evergreet3 PARTIAL LISTING OF CLIENTS and PROJECTS Southern California Gas Company SDG&E AT&T Caltrans, Department of Transportation City of Los Angeles Six Flags Magic Mountain County of Los Angeles Los Angeles Department of Water and Power City of Mission Viejo Weisman Design Group Westmont College, Santa Barbara Parsons Engineering and Construction Jameson Products Puente Hills Habitat Preservation Tru Green America's Tire Company Kimley-Horn Carts, Jr. PARTIAL LISTING OF INSURANCE COMPANIES Travelers Insurance AAA Insurance USAA Insurance Kemper Insurance Fireman's Fund Farmers Insurance Nationwide Fidelity Insurance Universal Studios Park County of San Mateo Huntington Library and Botanical Garden Santa Barbara Botanic Gardens Occidental Petroleum J. F. Shea Construction Davey Tree RAND Corporation David Maman Design RJM Design Group Atwell Group Nakae & Associates The Forum Alhambra Golf Course Valley Crest Bank of America UPS Studio Pali Fekete Architects Mercury Insurance Chubb Insurance Liberty Mutual Safeco Insurance Allstate 2151 Century State Farm CERTIFICATIONS, LICENSES, and PROFESSIONAL ASSOCIATIONS Certified Arborist, International Society of Arboriculture (ISA) Registered Consulting Arborist No. 559, American Society of Consulting Arborists (ASCA) Certified Tree Risk Assessor, International Society of Arboriculture (TRAQ) California Licensed Pesticide Applicator, (QAL) Licensed California Landscape Contractor, (C-27) California ReLeaf, Board member Los Angeles 818.986.0137 Orange County 949.837.7700 Palo Alto 650.644.61 15 Evergree LECTURES • Pesticide Applicators Professional Association, 2011 - 2015. • Turf and Landscape Institute, Topics: Assessing Damaged Trees from Wildfires, 2013. Why Some Trees Fail and Others Don't, 2012. Managing Trees for Wind, 2011. Effects of Below Grade Planting on Trees and Structural Tree Defects, 2009. • Guest lecturer, California State Polytechnic University, Pomona. 2006 - 2011. • Canopy, Palo Alto. Tree Walk Lecturer, 2009 — 2014. • Western Turfgrass and Landscape Expo, Topics: - Wind and Trees, 2010. Understanding Tree Roots in the Urban Environment, 2009. • UC Riverside, Extension, Instructor. Introduction to Arboriculture 10 week class, 2009. • Landscape Expo, Topic: Windthrow: Why Some Trees Fail & Others Don't. 2013. • International Society of Arboriculture Certified Arborist Prep Class Instructor, 2013, Topics: Tree Risk Assessment Tree Planting and Establishment • Desert Green Conference, Topics: Sustainability in Urban Trees through Tree Risk Assessment, 2013 Assessing Tree Roots, 2013 • Landscape Architecture Show, February 2014, Topic: Tree Selection Guidelines for the Urban Forest. NOTICE: attorney's designation of Evergreen Arborists Consultants, Inc. (EVG) or Ruben M. Green as expert constitutes acceptance of retainer and acknowledgment that specified retainer amount is owed. Attorney is prohibited from using EVG or Ruben M. Green and designating him as their expert or "possible expert" without first formally retaining him. He does not give permission to use his name in any manner connected to any case unless his non-refundable retainer fee is paid. Attorney is prohibited from using his name and designating him as their expert without first formally retaining him. Los Angeles 818.986.0137 Orange County 949.837.7700 Palo Alto 650.644.6115 EXHIBIT B EXHIBIT D CONNKTExPLoRER- r map. Auto- 02/12209812888)• ( Image 5 at 9 > 1110=1.0.2.1r1 IT WS tt• tHAU0 mow+ .-"o.0 Search by Aaaress - Hassoldt property EXHIBIT E ifytjapit 10/21 EXHIBIT F Hal Light From: Michael Jenkins <MJenkins@localgovlaw.com> Sent: Friday, June 10, 2016 2:06 PM To: Howard Weinberg (howard@weinberglaw.la); Hal Light Cc: Raymond R. Cruz (rcruz@cityofrh.net); 'Yolanta Schwartz' Subject: Nuccion/Hassoldt matter Attachments: 7A. PDF Gentlemen, A courtesy copy of the staff report concerning the 15/18 Portuguese Bend Road view matter for Monday's Council meeting is attached. Mike Michael Jenkins JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448 - Fax: 310.643.8441 MJenkins@LocalGovLaw.com www.LocalGovLaw.com This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. EXHIBIT G Hal Light From: James C. Roberts III <jcr@globalcaplaw.com> Sent: Tuesday, June 14, 2016 4:23 PM To: Hal Light Subject: Re: your call Hi, Hal, You should probably direct those questions to the lawyer for the Nuccions. This week is terrible for me; I'm on a call now and going to sleep as soon as it is over. Sorry. Hope you are well. James JAMES C. ROBERTS III GLOBAL CAPITAL LAW GROUP ROUP GLOBAL CAPITAL STRATEGIC G California I Milan (assoc) US: +1 (415) 937- 7987 I Italy: +39.366.431.1090 1 Skype: globalcapjames 1 Linkedln: https://www.linkedin.com/in/gIobalcapitallawgrou P The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. On Jun 15, 2016, at 1:20 AM, Hal Light <hallight@n,hjllaw.com> wrote: Hi James, I wanted to find out about the declaration that you signed last Thursday (June 9, 2016) which was submitted to the Rolling Hills City Council yesterday (Monday, June 13, 2016) on behalf of the Nuccions. I was hoping to find out when the Nuccions' attorney contacted you about the declaration and how it came to be prepared. Perhaps we can speak tomorrow or Thursday morning before your day ends. Is there a best time (California time) for me to give you a call? Thanks, Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hjllaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e- mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James Roberts jmailto:jcr@globalcaplaw.comj Sent: Tuesday, June 14, 2016 4:06 PM To: Hal Light challight@hjllaw.com> Subject: your call Hi, Hal, I'm nine hours ahead of you. Not sure when I can call you back. What's up? James James C. Roberts III Global Capital Law Group 1 Global Capital Strategic Group California I Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames 1 LinkedIn: https://www.linkedin. com/in/globalcapitallawgroup The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. 2 EXHIBIT H Hal Light From: Hal Light Sent: Tuesday, June 14, 2016 4:37 PM To: 'James C. Roberts III' Subject: RE: your call James, Is the Nuccions' attorney representing you? If not, I would like to touch base with you at some point in the next week or so (after your terrible week is over). Hal LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hlllaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James C. Roberts III [mailto:jcr@globalcaplaw.com] Sent: Tuesday, June 14, 2016 4:23 PM To: Hal Light <hallight@hjllaw.com> Subject: Re: your call Hi, Hal, You should probably direct those questions to the lawyer for the Nuccions. This week is terrible for me; I'm on a call now and going to sleep as soon as it is over. Sorry. Hope you are well. James JAMES C. ROBERTS III GLOBAL CAPITAL LAW GROUP ROUP 1 GLOBAL CAPITAL STRATEGIC G California 1 Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames 1 Linkedln: https://www.linkedin.com/in/globalcapitallawgrou The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. On Jun 15, 2016, at 1:20 AM, Hal Light <hallight@hjllaw.com> wrote: Hi James, I wanted to find out about the declaration that you signed last Thursday (June 9, 2016) which was submitted to the Rolling Hills City Council yesterday (Monday, June 13, 2016) on behalf of the Nuccions. I was hoping to find out when the Nuccions' attorney contacted you about the declaration and how it came to be prepared. Perhaps we can speak tomorrow or Thursday morning before your day ends. Is there a best time (California time) for me to give you a call? Thanks, Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e- mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James Roberts imailto:icr@globalcaplaw.coml Sent: Tuesday, June 14, 2016 4:06 PM To: Hal Light <hallight@hillaw.com> Subject: your call 2 Hi, Hal, I'm nine hours ahead of you. Not sure when I can call you back. What's up? James James C. Roberts III Global Capital Law Group 1 Global Capital Strategic Group California 1 Milan (assoc) US: +1 (415) 937- 7987 I Italy: +39.366.431.1090 1 Skype: globalcapjames 1 LinlcedIn: https://www.linkedin. com/in/globalcapitallawgroup The contents of this email may be confidential or proprietary and not intended for you. If that is the case, fast, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. EXHIBIT I Hal Light From: Hal Light Sent: Monday, July 11, 2016 11:23 AM To: 'James C. Roberts III' Subject: RE: Your June 9, 2016 Declaration James, I trust things are not as hectic for you now. I did not hear back from you whether the Nuccions' attorney is representing you. Assuming he is not, please let me know whether you would be willing to discuss with me the declaration that you signed in Milan, Italy on June 9, 2016 and if so when might be a good time for me to give you a call. If you will not discuss the declaration with me would you please explain why? Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallightPhjllaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James C. Roberts III [mailto:jcr@globalcaplaw.comj Sent: Tuesday, June 14, 2016 4:23 PM To: Hal Light <hallight@hjllaw.com> Subject: Re: your call Hi, Hal, You should probably direct those questions to the lawyer for the Nuccions. This week is terrible for me; I'm on a call now and going to sleep as soon as it is over. Sony. Hope you are well. James JAMES C. ROBERTS III 1 GLOBAL CAPITAL LAW GROUP ROUP GLOBAL CAPITAL STRATEGIC G California 1 Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames I Linkedln: https://www.Iinkedin.com/intelobalcapitallawgrou P The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. On Jun 15, 2016, at 1:20 AM, Hal Light <hallight@hjllaw.com> wrote: Hi James, I wanted to find out about the declaration that you signed last Thursday (June 9, 2016) which was submitted to the Rolling Hills City Council yesterday (Monday, June 13, 2016) on behalf of the Nuccions. I was hoping to find out when the Nuccions' attorney contacted you about the declaration and how it came to be prepared. Perhaps we can speak tomorrow or Thursday morning before your day ends. Is there a best time (California time) for me to give you a call? Thanks, Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e- mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: James Roberts Imailto:icr@globalcaplaw.com) Sent: Tuesday, June 14, 2016 4:06 PM 2 F.9 To: Hal Light <hallight@hjllaw.com> Subject: your call Hi, Hal, I'm nine hours ahead of you. Not sure when I can call you back. What's up? James James C. Roberts III Global Capital Law Group 1 Global Capital Strategic Group California 1 Milan (assoc) US: +1 (415) 937- 7987 1 Italy: +39.366.431.1090 1 Skype: globalcapjames I LinkedIn: https://www.Iinkedin. com/in/globalcapitallawgroup The contents of this email may be confidential or proprietary and not intended for you. If that is the case, first, we apologize for the inconvenience caused by our error. Second, please keep the email's content confidential and do not use it, then return the email to the sender as soon as possible and delete your copy. Please also note that this email does not contain any explicit or implicit tax advice for any jurisdiction, unless the text expressly states to the contrary. 3 EXHIBIT J CI Back to search results (/o/profiles/browse/) Post A Job (/B/Slgnup/Create-Acct Anastasiia Kostiuk $14.00 /hr Engineer, video editor, 3D modeller, designer 0 Llvadlya, Russia 3D Design Vo/progbs/browseftki1V3d-doslgM Engineering Design Vo/oronles/browse/skllVonglnoodng-dosigM Video editing (/o/profles/browse/skilVvldeo-edlting/) video Post Editing Vo/profiles/browse/skia/video-postoditing/) 3D Rendering Vo/orofiles/browse/dlll/3d-rondedngn 2 more Anastasiia Kostiuk Engineer, video editor, 3D modeller, designer V Livadiya, Russia Having a fundamental technical education, as well as the constant need to apply my knowledge to practice, I can do lots of interesting and unusual things. For example, I can design mechanical toys - wings that unfold at the person's back and act like real wings. 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Russia About Us Vabout/) Press (/press/) Careers Vabout/careers/) Upwork Blog (/blog/) Terms of Service Vlegal/terms/) Privacy Policy Vlegal/privacy/) Hiring Headquarters (/hiring/) Online Work Report (http://elance- odesk.com/online-work- report-global) Upwork Pro (/Pro/) Enterprise Solutions (/enterprise/) CONNECT WITH US Contact & Support (https://support.upwork.com/hom e) Partners Vinfo/about/partners/) API Center (http5://developers.upwork.com/) Mobile App (A/mobile/) Follow us or RRf)WSF Invite To Job VSignup/Con 00000 act -Con What's the diffbtp&Eplancers for June 2016 Vi/freelal categories/) Freelancers by Skill Vo/Freelancer-skills, Freelancers in USA Vlocal/united-state! Freelancers in UK Vlocal/united-kingd Freelancers in Cana/ Vlocal/canada/) Freelancers in Austr. 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EXHIBIT K SUMMARY OF NUCCION DIGITAL PHOTOS July 20, 2016 The following List of photos shows the Image Number of the digital photo shared through Box.com and the cross reference to the Photos that are part of the January 30, 2015 (received February 4, 2015) Request for Hearing before the Committee on Trees and Views, submitted by the Nuccions (the "Application"). A copy of the Request for Hearing is attached to this Summary. The Page numbers in the list below correspond to the page number in the Request for Hearing. Image Number Page # in Application Comments Metadata Date of Photo 0286 Not included View in 2010 Similar view of nighttime panorama shown in Image 3316 below. July 14, 2010 3316 3/19 Sept.30,2011 3809 4/19 Dec. 25, 2011 2451 5/19 March 21, 2011 7521 6/19 Jan. 26, 2015 4240 7/19 Oct. 11, 2012 7443 8/19 Jan. 23, 2015 3401 9/19 Note: Mistake in date written on July 18, 2011 photo in Application. Handwritten photo date shows July 2010 — actual date =July 2011 7213 10/19 Jan. 6, 2015 1597 11/19 • Note: Mistake in date written on July 2, 2012 photo in Application. Handwritten photo date shows July 2011— actual date = July 2012 7447 12/19 Jan. 23, 2015 3603 13/19 Note: The original digital image March 7, 2013 cannot be located. This image is nearly identical — and can be confirmed by the location of the garden hose resting on the pot. 7444 14/19 Jan. 23, 2015 Summary of Shared Photos - Nuccion - 7.18-16 �gJ SUMMARY OF NUCCION DIGITAL PHOTOS September 12, 2016 The following List of photos shows the Image Number of the digital photo shared through Box.com and the cross reference to the Photos that are part of the June 13, 2016 Staff Report for the City Coundl hearing held that day. A copy of the June 13, 2016 Staff Report is attached to this Summary. The Page numbers in the list below correspond to the page number in the Staff Report. Image Number Page It in Staff Report Comments Metadata Date of Photo 0 16 Image not found Printed copy only 4237 18 Same image as on page 67 October 11, 2012 0 19 Image not found Printed copy only 2324 21 February 20, 2011 3925 22 April 18, 2013 0 61 Image not found Printed copy only 0 62 Image not found Printed copy only 0 66 Image not found Printed copy only 4237 67 October 11, 2012 2451 70 March 21, 2011 7213 84 January 6, 2015 3603 87 Not identical — but obviously the same day picture — as confirmed by the shape of the garden hose draped over the urn in the image. March 7, 2013 Note: For the photos marked "Image not Found", we were unable to locate the original digital image. The only copies of these photos are paper copies. Accordingly, no metadata is available for these images. Summary of Shared Photos - Nuccion - 9-1-16 EXHIBIT M Hal Light From: Hal Light Sent: Monday, July 11, 2016 10:42 AM To: 'howard@weinberglaw.la' Subject: Hassoldt/Nuccion -- Appeal From View Committee Resolution 2015-03-CTV Importance: High Tracking: Mr. Weinberg, Recipient Delivery Read 'howa rd@weinberglaw.la' 'Steere, Martin' Judith Hassoldt 'Alanna Baker (alanna@hjllaw.com)' Delivered: 7/11/2016 10:42 AM 'Bruce Gilbert (brace@bg lawoffice. net)' Alanna Baker Read: 7/11/201611:17 AM At the June 13, 2016 meeting before the Rolling Hills City Council, you agreed (on behalf of the Nuccions) to provide to my office within 10 days digital copies (including the metadata) of all of the photographs that have been submitted in support of the Nuccions' view impairment complaint. It has been nearly a month and we have yet to receive those digital copies. Please see that the copies are immediately produced to my office and explain the reason for the delay at your earliest convenience. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. 1 Hal Light From: Hal Light Sent: Friday, September 02, 2016 4:08 PM To: 'Howard Weinberg' — Cc: Stephen Nuccion (snuccion@yahoo.com); Yolanta Schwartz (ys@cityofrh.net); Heidi Luce (hluce@cityofrh.net); Michael Jenkins; Diana Nuccion (dnuccion@yahoo.com) Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Mr. Weinberg, It is now one week after the date by which you agreed to deliver to me "digital copies of all of the photographs shown in the Staff Report for the June 13, 2016 City Council meeting at circle pages 16, 18, 19, 21, 22, 61, 62, 66, 67, 70, 84 and 87 of that Staff Report" as stated in your August 9, 2016 e-mail. Please let me know as soon as possible when you will follow through on that agreement and deliver those digital copies. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg [mailto:howard@weinberglaw.laj Sent: Tuesday, August 09, 2016 11:52 AM To: Hal Light <hallight@hjllaw.com> Cc: Stephen Nuccion (snuccion@yahoo.com) <snuccion@yahoo.com>; Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net>; Heidi Luce (hluce@cityofrh.net) <hluce@cityofrh.net>; Michael Jenkins <MJenkins@localgovlaw.com>; Diana Nuccion (dnuccion@yahoo.com) <dnuccion@yahoo.com> Subject: RE: Hassoldt/Nuccion-- Accessto Nuccion Photos Agreed — 1 — On or before August 26, 2016, we will deliver to you digital copies of all of the photographs shown in the Staff Report for the June 13, 2016 City Council meeting at circle pages 16, 18, 19, 21, 22, 61, 62, 66, 67, 70, 84 and 87 of that Staff Report. 2 — We will also deliver to you within 10 days of the request digital copies of any other photographs shown in the other Staff Reports that you specifically identify for me before September 9, 2016. If we receive your 1 request for additional photographs any later than September 9, we will have difficulty finding them and delivering them to you and also meeting our 10 -day prior exchange deadline for the October hearing. Sincerely, Howard Weinberg The Weinberg Law Group 255o Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howardPweinberglaw.la From: Hal Light (mailto:hallight@hjllaw.com) Sent: Tuesday, August 09, 2016 10:53 AM To: Howard Weinberg choward@weinberglaw.la> Cc: Yolanta Schwartz (vs@cityofrh.net) <vs@citvofrh.net>; Heidi Luce (hluce@cityofrh.net) chluce@citvofrh.net>; Michael Jenkins <MJenkins@localgovlaw.com> Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Mr. Weinberg, There is nothing theoretical about this. You represented to the City Council at the June 13, 2016 meeting that you would produce digital copies (including metadata) of all photographs submitted in support of the Nuccions' view impairment complaint in ten days and you provided only a portion of those photographs some 37 days later. You did not say that you would produce such photographs only if I take the time to specifically identify them. Your clients have as much -- frankly more -- ability to identify those photographs as I do. They are, after all, your clients' photographs and the Nuccions decided which ones to submit and actually submitted them to the City. That issue aside, I already sent you a list identifying 12 photographs which were attached to the Staff Report dated June 9, 2016 which were not included in your July 20, 2016 production of digital photographs. Once again, those photographs are included in the Staff Report for the June 13, 2016 City Council meeting at circle pages 16, 18, 19, 21, 22, 61, 62, 66, 67, 70, 84 and 87 of that Staff Report. If you agree to produce the digital copies (with metadata) of those 12 photographs by August 22, 2016, then I will agree to move the hearing into October. I may go through the other staff reports and to the extent I locate any additional photographs supporting the view complaint which you failed to produce on July 20, 2016, I would expect you to produce digital copies of those photographs within a reasonable amount of time. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg fmailto:howard@weinberglaw.lal Sent: Monday, August 08, 2016 11:47 PM To: Hal Light <hallight@hillaw.com>; Michael Jenkins <MJenkins@localgovlaw.com> Cc: Yolanta Schwartz (vs@citvofrh.net) <ys@citvofrh.net>; Heidi Luce (hluce@cityofrh.net) <hluce@cityofrh.net>; Patty Naegely <patty@weinberglaw.la>; Stephen Nuccion (snuccion@yahoo.com) <snuccion@yahoo.com> Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Hal - While this is all very interesting from a theoretical perspective, I asked you in my August 4 email to provide me with a staff report/page number list of each photo you would like and we will gladly deliver them to you. Will you send me that list? Contrary to your suggestion, the Nuccions intend to fully cooperate - we just don't know what you want. Again, for your reference is the list of staff reports and dates of hearings: This link will take you to the data set of reports that were assembled by City Staff. https://www.dropbox.com/sh/9humkx2vt6tgxkd/AAAUxA921 wrz5iuWK7HGt ua?d1=0 Committee on Trees and Views Review NATO 02-12-15 CYV Meeting cane Teti ca -17.15 0 Weent rsi 04-21-15 C7v fte1d Tnp meetrng !._-.1 04-21-15 CT V Metti ng �,I 05-14.15 CTV Meeting 1J o:-07.15CTr Meeting ral 07.21.15CVlaecung 09.22-t5CTV Meeting 10-07-15 Clv Meeting Appkatron • Request !or Hearing bebte CTi City Council Review Name rim; 03.21-16C.154ounc lciXitg 03-28-16CC Meeting - continue to ne•.t mtg 0s-25.16 item 6A ri06.11.16 iteat7a .1.23-: SG>r{ounclmtg AD9jAi 8V r-A55OCDT.pdf 5i:e Atothecl Stre 1aod;lied 2.89 MB 10 day. ago _T' A69EAC B'r \uCc oN.pdr a7.$S KB 10 days ago Best regards, Howard Weinberg The Weinberg Law Group 255o Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howard@weinberglaw.la From: Hal Light [mailto:hallight@hillaw.com] Sent: Monday, August 08, 2016 2:28 PM To: Michael Jenkins <MJenkins@Iocalgovlaw.com> Cc: Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net>; Heidi Luce (hluce@cityofrh.net) <hluce@cityofrh.net>; Howard Weinberg <howard@weinberelaw.la> Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Mr. Jenkins, It is, of course, true that the Nuccions have the burden of proving that they had the view they seek to create (by clear and convincing evidence). I also understand that the City cannot compel the Nuccions to produce digital copies of the photographs (with metadata) they submitted to the City in support of their view complaint. What you have not noted in your e-mail, though, is the fact that the Nuccions (through their attorney Mr. Weinberg) represented to the City Council that they would turn over digital copies of all such photographs. While Mr. Weinberg has suggested that finding and producing copies of such photographs would be a big challenge, this newly adopted position is not supportable. For example, I forwarded City Staff's report for the June 13, 2016 City Council meeting with my July 21, 2016 e-mail and specifically identified 12 photographs attached to that report (which had been submitted by the Nuccions in support of their view complaint) digital copies of which were not produced on July 20, 2016. Without any doubt, if the Nuccions choose not to produce the digital copies of the referenced photographs, the Hassoldts will argue to the Council their failure to produce this evidence. In addition, however, the Hassoldts will point out that the decision not to produce digital copies of photographic evidence submitted in support of the view complaint came about after Mr. Weinberg clearly and unequivocally represented to the City Council that the Nuccions would produce such photographs. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Michael Jenkins Imailto:MJenkins@localgovlaw.comj Sent: Monday, August 08, 2016 10:15 AM To: 'Howard Weinberg' <howard@weinberglaw.la>; Hal Light <hallight@hillaw.com> Cc: Yolanta Schwartz (ys@cityofrh.net) <ys@citvofrh.net>- Heidi Luce (hluce@cityofrh.net) <hluce@citvofrh.net> Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos In response to Howard's request that I comment, here is my response. Under the view ordinance, the Nuccions have the burden of proof to demonstrate the existence of a view by whatever evidence they can produce. The Council gave the Nuccions an opportunity to provide additional photographic evidence in support of their application, with sufficient time to allow review of those photographs and attendant metadata by the HAssoldts. The Council will consider the evidence produced and give it the weight that it deserves. If the Nuccions choose not to produce evidence in support of their application, the City cannot compel the production and the Hassoldts are free to make whatever arguments they wish to make in that regard. The hearing is scheduled for August 22. We need to publish notice of the hearing this week. If the parties desire to continue the hearing to September 12, I need to know that today. Thank you. Mike Michael Jenkins JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448 - Fax: 310.643.8441 MJenkins@LocalGovLaw.com www.LocalGovLaw.com From: Howard Weinberg[mailto:howardt€lweinberglaw.la] Sent: Thursday, August 04, 2016 10:02 PM To: Hal Light; Michael Jenkins Cc: Yolanta Schwartz (vs@cityofrh.net); Heidi Luce (hluce@citvofrh.net); Stephen Nuccion (snuccion@wahoo.com); Diana Nuccion (dnuccionCthvahoo.com) Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Mr. Light - We do not believe that the City Council required the Nuccions to provide you with digital copies of each and every photo submitted during each and every meeting for the 18 months or so that this matter has been considered by the City. Also, we do not believe that it is either fair or reasonable for the Nuccions to have to 6 reconcile all of the photos that may have been submitted at each and every meeting before the Planning Commission and the City Council. This is an extraordinary task that you are asking us to perform, and for no good reason that we can understand. Below is the list of hearings that have been given us by the City. In addition to the original application by the Nuccions, there were 9 Planning Commission hearings and 5 City Council hearings. You are requesting that we review all 14 staff reports, identify all photos submitted by the Nuccions, find the original copies of all of those photos, eliminate or identify duplicates, and then send you all of that data. You are asking for far more work from us than is reasonable for this case. If you want to pay our firm to do this work, we would be pleased to comply. However, we do not think that the City Council intended to burden the Nuccions with this extraordinary amount of due diligence obligation — and only to satisfy your desire for metadata on some pictures. We have already delivered to you the photos with metadata from the original application submission by the Nuccions for this matter. This link will take you to the data set of reports that were assembled by City Staff. https: / /www.dropbox.com/sh/9humkx2vt6tgxkd/AAAUxA921 wrz5iuWK7HGt ua?d1=0 Before we undertake the extraordinary amount of work that you have requested, I ask you to identify specifically the photos in the prior hearing packages that you would like to review. If you give us a list, by date of hearing and by photo identified with reference to the page of the applicable staff report, then we will assemble all of those photos for you. This is not a court case, and you are not entitled to discovery in the sense that you may be familiar with from lawsuits. By copy of this email, I am asking the City Attorney to respond to all of us and confirm whether or not our request to you is reasonable and is in accordance with the requirements of the City Council action that re -opened the public hearing for the Nuccion view case. Sincerely, Howard Weinberg The Weinberg Law Group 255o Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Cell: 310.493.5603 Email: howardPweinberglaw.la Original Message From: Hal Light [mailto:hallight@hillaw.com] Sent: Thursday, August 04, 2016 3:56 PM To: Howard Weinberg <howard@weinberglaw.la> Cc: Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net>; Heidi Luce (hluce@cityofrh.net) <hluce@cityofrh.net>; mjenkins@localgovlaw.com Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos Mr. Weinberg, I understood from your July 21, 2016 e-mail that you would attend to my request about the digital images of photographs submitted by the Nuccions in connection with their view impairment complaint (which were not provided to my office) after you returned from out of town on August 1, 2016. I have yet to hear anything from you in this regard. Please let me know as soon as possible when we will receive the original digital images (including meta data) of the photographs in support of the Nuccions' view impairment complaint which were not included with the photographs provided to my office on July 20, 2016. Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hjllaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. Original Message From: Howard Weinberg [mailto:howard@weinberglaw.la] Sent: Thursday, July 21, 2016 10:49 AM To: Hal Light <hallight@hillaw.com> Cc: Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net>; Heidi Luce (hluce@cityofrh.net) <hluce@cityofrh.net>; mienkins@localgovlaw.com; Steve Nuccion <snuccion@yahoo.com>; Diana Nuccion <dnuccion@yahoo.com> Subject: Re: Hassoldt/Nuccion -- Access to Nuccion Photos I am out of town until Aug 1. I will attend to this request after my return. In the meantime, I am asking Yolanta to reschedule the hearing on this matter to the hearing date in September Howard Weinberg Sent from my iPhone Please excuse typos. > On Jul 21, 2016, at 9:01 AM, Hal Light <hallight@,hillaw.com> wrote: > Mr. Weinberg, 8 > I am in receipt of your July 20, 2016 e-mail which (very belatedly) included a link to the "original digital images (including meta data) that the Nuccions submitted to the City in their original view complaint application." You agreed at the June 13, 2016 meeting to provide all of the photographs (including meta data) submitted in support of the Nuccions' view impairment complaint, not just those submitted with the initial application. As you are undoubtedly aware, the Nuccions later submitted a number of additional photographs to the City in connection with their view impairment complaint. Please provide original digital images (including meta data) to my office of all such additional photographs as soon as possible. > A brief review of the Staff Report in connection with the June 13, 2016 City Council meeting shows that there were at least 12 photographs submitted to the City by the Nuccions in addition to the ones included with your Dropbox link. They include, without limitation, photographs at circle page 16, 18, 19, 21, 22, 61, 62, 66, 67, 70, 84 and 87 of that Staff Report. I have attached a copy of the Staff Report for your information. Please note that I only briefly compared the Staff Report to the photographs you provided to my office yesterday and I am not suggesting that the referenced photographs are the only ones submitted by the Nuccions to the City after submission of their initial view impairment application. > Please let me know as soon as possible when you expect to forward to me the original digital images (including meta data) of the photographs in support of the Nuccions' view impairment complaint which were not provided to my office yesterday. > Hal Light > LAW OFFICES OF HAROLD J. LIGHT > Harold J. Light > 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 > Telephone (310) 473-2233 > Fax (310) 473-0077 > e-mail: hallight@hillaw.com<mailto:hallight@hjllaw.com> > This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. > From: Howard Weinberg [mailto:howard@weinberglaw.la] > Sent: Wednesday, July 20, 2016 1:36 PM > To: Hal Light <hallight@hillaw.com> > Cc: Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net>; Heidi Luce > (hluce@cityofrh.net) <hluce@cityofrh.net>; mienkins@localgovlaw.com; > Diana Nuccion (dnuccion@yahoo.com) <dnuccion@,yahoo.com>; Stephen > Nuccion (snuccion@,yahoo.com) <snuccion@yahoo.com>; Patty Naegely > <pattyt7a,weinberglaw.la> > Subject: RE: Hassoldt/Nuccion -- Access to Nuccion Photos > Mr. Light - > This hyperlink: https://weinberglaw.box.com/v/Nuccion-Photos-7-20-16 9 > > will give you and anyone with the link access to a folder in Box.com that contains all of the original digital images (including meta data) that the Nuccions submitted to the City in their original view complaint application. > > For a concordance, I have prepared the attached summary of images, that match each digital image available in the Box.com folder with the photograph (by page number) of the items submitted to the City. > > I recognize that these photos are being made available 5 weeks after the City Council Hearing, rather than 10 days as the City had requested. There is still more than a month before we have to exchange evidence to be submitted to the next City Council hearing in late August. Nonetheless, if you would like, the Nuccions are willing to delay the next City Council hearing for an additional two weeks. > > Please advise if you would like to postpone the next City Council hearing. If so, we will arrange with the City Staff to put this matter on the next available City Council hearing date after that. > > > Best regards, > > Howard Weinberg > The Weinberg Law Group > 2550 Via Tejon, Suite 2B > Palos Verdes, CA 90274 > Office: 310.363.7775 > Cell: 310.493.5603 > Email: howard@a weinberglaw.la<mailto:howard@weinberglaw.la> > > > > From: Hal Light [mailto:hallight®hjllaw.com] > Sent: Monday, July 11, 2016 10:42 AM > To: Howard Weinberg > <howard@n,weinberglaw.la<mailto:howard@u,weinberglaw.la» > Subject: Hassoldt/Nuccion -- Appeal From View Committee Resolution > 2015-03-CTV > Importance: High > > Mr. Weinberg, > > At the June 13, 2016 meeting before the Rolling Hills City Council, you agreed (on behalf of the Nuccions) to provide to my office within 10 days digital copies (including the metadata) of all of the photographs that have been submitted in support of the Nuccions' view impairment complaint. It has been nearly a month and we have yet to receive those digital copies. Please see that the copies are immediately produced to my office and explain the reason for the delay at your earliest convenience. > > Hal Light > > > LAW OFFICES OF HAROLD J. LIGHT > Harold J. Light > 11355 West Olympic Boulevard, Suite 300 Los Angeles, CD 64 10 > Telephone (310) 473-2233 > Fax (310) 473-0077 > e-mail: hallight@a hjllaw.com<mailto:hallight(a,hjllaw.com> > This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. > <7A.pdfl 11 Hal Light From: Hal Light Sent: Friday, September 09, 2016 4:18 PM To: 'Howard Weinberg' Cc: Michael Jenkins; Heidi Luce; Yolanta Schwartz (ys@cityofrh.net) Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Mr. Weinberg, It is Friday afternoon and we have still not received the digital copies of photographs submitted to the City in support of the Nuccions' view complaint which you did not produce in July. You stated in your September 7, 2016 e-mail that the referenced photographs would "be produced this week". Are we going to receive them today? If not, when are you going to produce them? Hal Light LAW OFFICES OF HAROLD J. LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hlllaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg imailto:howard@weinberglaw.laj Sent: Wednesday, September 07, 2016 12:38 PM To: Michael Jenkins <MJenkins@localgovlaw.com>; Hal Light <hallight@hjllaw.com>; Heidi Luce chluce@cityofrh.net>; Yolanta Schwartz (ys@cityofrh.net) <ys@cityofrh.net> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing The photographs requested by Mr. Light will be produced this week. Assuming that we set the hearing for October 24, he should have plenty of time to utilize them for his evidence purposes. Best regards, Howard Weinberg The Weinberg Law Group 255o Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Ce11: 310.493.5603 Email: howard@weinberglaw.la From: Michael Jenkins fmailto:MJenkins@localeovlaw.com] Sent: Wednesday, September 07, 2016 12:32 PM To: 'Hal Light' <hallight@hillaw.com>; Howard Weinberg <howard@weinberglaw.la>; Heidi Luce <hluce(& cityofrh.net>; Yolanta Schwartz (ys@cityofrh.net) <vsPcityofrh.net> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing As I indicated previously, the burden of proof on this issue is with the Nuccions. When the hearing resumes, you are well within your rights to bring to the Council's attention the failure of the Nuccions to produce the photographs timely or at all. Mike Michael Jenkins JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448 - Fax: 310.643.8441 MJenkinsPLocalGovLaw.com www.LocalGovLaw.com This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. From: Hal Light fmailto:hallioht@hillaw.coml Sent: Wednesday, September 07, 2016 12:16 PM To: Howard Weinberg; Heidi Luce; Yolanta Schwartz (vs(alcitvofrh.net) Cc: Michael Jenkins Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Is Mr. Weinberg going to comply with his agreement to produce to my office digital copies of photographs submitted to the City in support of the Nuccions' view complaint which he failed to produce in July? If so, when will that occur? If not, why not? Hal Light LAW OFFICES OF HAROLD J.'LIGHT Harold J. Light 11355 West Olympic Boulevard, Suite 300 Los Angeles, CA 90064 2 Telephone (310) 473-2233 Fax (310) 473-0077 e-mail: hallight@hillaw.com This e-mail communication is sent by a law firm and it, and any documents, files, or previous e-mail messages attached to it, may contain information that is privileged or confidential. If you received this transmission in error, please immediately notify the sender by reply e-mail and delete the message and any attachments without reading them or saving them to disk. Thank you. From: Howard Weinberg (mailto:howard@weinberglaw.la] Sent: Wednesday, September 07, 2016 10:22 AM To: Heidi Luce <hluce@cityofrh.net>; Hal Light challieht@hillaw.com>; Yolanta Schwartz (vs@cityofrh.net) <vs@cityofrh.net> Cc: Mike Jenkins <MJenkins@Iocalgovlaw.com> Subject: RE: Hassoldt/Nuccion View Case Appeal Public Hearing Heidi — I will be out of town for meetings on October 10 — can we please schedule the hearing for the October 24 meeting? Best regards, Howard Weinberg The Weinberg Law Group 255o Via Tejon, Suite 2B Palos Verdes, CA 90274 Office: 310.363.7775 Ce11: 310.493.5603 Email: howard(a)weinberglaw.la From: Heidi Luce Finailto:hluce@cityofrh.net] Sent: Tuesday, September 06, 2016 2:25 PM To: Hal Light <hallight@hillaw.com>; Howard Weinberg <howard@weinberglaw.la> Cc: Mike Jenkins <MJenkins@Iocalgovlaw.com> Subject: Hassoldt/Nuccion View Case Appeal Public Hearing Good afternoon Mr. Light and Mr. Weinberg, Please be advised that the City intends to schedule the re -opened public hearing in the appeals of Committee on Trees and Views Resolution 2015-03-CTV for the limited purpose of receiving additional evidence and considering further, the sole issue whether a view existed at the time the Nuccions acquired the property at 18 Portuguese Bend Road, for Monday, October 10, 2016 at 7:00 p.m. in the City Council Chamber at 2 Portuguese Bend Road, Rolling Hills, CA. As per the original direction provided by the City Council, any itional evidence to be considered shall be 3 provided to the other party and submitted to the City not less than 10 days prior to the October 10, 2016 public hearing — by 5:00 p.m. on September 30, 2016; any evidence not submitted by the deadline will not be considered. Sincerely, Heidi Heidi Luce, CMC City Clerk/Executive Assistant City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Fax: 310-377-7288 www.Rolling-Hills.org This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. WARNING: Computer viruses can be transmitted by e-mail. The recipient should check this e-mail and any attachments for the presence of viruses. The CITY OF ROLLING HILLS accepts no liability for any damage caused by any virus transmitted by this e-mail. 4 Sr a/ Rae -at" Wide 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.: 4-E Mtg. Date: 10/24/16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HEIDI LUCE, CITY CLERKCOV RAYMOND. R. CRUZ, CITY MANAGER /'" " RESOLUTIONS PERTAINING TO THE CITY OF ROLLING HILLS GENERAL MUNICIPAL ELECTION (ATTACHED): (1) RESOLUTION NO. 1192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (2) RESOLUTION NO. 1193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR- RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 (3) RESOLUTION NO. 1194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. DATE: OCTOBER 24, 2016 RECOMMENDATION It is recommended that members of the City Council adopt Resolution Nos. 1192, 1193, 1194 as presented. DISCUSSION This staff report contains three Resolutions that are routine in nature relating to the General Municipal Election to be held on Tuesday, March 7, 2017. At the election, Rolling Hills' voters will consider two City Council seats currently held by Mayor Bea Dieringer and Councilmember Jeff Pieper. (1) Resolution No. 1192 calls for the holding of the election itself which includes two council seats. The polling location will be open from 7:00 a.m. to 8:00 p.m. on Tuesday, March 7, 2017. (2) Resolution No. 1193 requests that the Los Angeles County Board of Supervisors direct the Registrar-Recorder/County Clerk to administer, manage and oversee the election and requests a consolidation if the there is a countywide election held on March 7, 2016. (3) Resolution No. 1194 establishes the rules and regulations for the candidate's statements to be submitted to the voters. The Resolution also establishes the Rolling Hills General Municipal Election as non-partisan. CONCLUSION The resolutions herein recommended for adoption are routine and generally consistent with those adopted for previous elections with the exception that this year, the City is asking the County to administer the election; whereas in the past, the City has conducted its own election. HL ElectionResolution-sla.doc RESOLUTION NO. 1192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES RESOLVE AS FOLLOWS: WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, March 7, 2017, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Rolling Hills, California, on Tuesday, March 7, 2017, a General Municipal Election for the purpose of electing two (2) members of the City Council for the a term of three years and eight months ending in November 2020. Section 2. That the ballots to be used at the election shall be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Election Code §10242, except as provided in Section 14401 of the Elections Code of the State of California. Section 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6 That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. Resolution No. 1192 -1- C Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED, APPROVED AND ADOPTED this 24th day of October, 2016. BEA DIERINGER MAYOR ATTEST: HEIDI LUCE CITY CLERK Resolution No. 1192 -2- O The foregoing Resolution No. 1192 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. was approved and adopted at a regular meeting of the City Council on the 24th day of October, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: HEIDI LUCE CITY CLERK Resolution No. 1192 THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 1193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 WHEREAS, the City Council of the City of Rolling Hills called a General Municipal Election to be held on Tuesday, March 7, 2017, for the purpose of the election of two (2) Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with a potential Special Countywide Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County Elections Official canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election; WHEREAS, Elections Code section 10002 authorizes the City to request by resolution that the Board of Supervisors authorize the County Elections Official to conduct specified election services. NOW, THEREFORE, THE CITY COUNCIL OF ROLLING HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of State of California relating to General Law cities, there is called and ordered to be held in the City of Rolling Hills, California, on Tuesday March 7, 2017, a General Municipal Election for the purpose of the election of two (2) Members of the City Council. Section 2. That the City Council requests the Board of Supervisors to direct the Registrar- Recorder/County Clerk to administer, manage and oversee all facets of the City of Rolling Hills' March 7, 2017 General Municipal Election and further direct the Registrar-Recorder/County Clerk to perform all necessary functions, services and tasks related to: the complete and successful conduct of the election; the provision of all election materials and equipment; the hiring, training and supervision of poll workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots ; the tallying of votes; canvassing and the certification of election results. Section 3. That the City Council further requests the Board of Supervisors to consent and agree to the consolidation of the City of Rolling Hills' General Municipal Election with a Special Countywide Election that may be held on March 7, 2017, and that the County of Los Angeles take all necessary steps to hold a consolidated election. Resolution No. 1193 -1- O Section 4. That the City Council understands that, should a Special Countywide Election not be held on March 7, 2017, the Board of Supervisors will direct the Registrar-Recorder/County Clerk to administer the General Municipal Election for the City of Rolling Hills and to apply the same cost estimate provided to the City of Rolling Hills on September 23, 2016. This provision is pursuant to action taken by the Board of Supervisors of the County of Los Angeles on September 13, 2016. Section 5. That the City of Rolling Hills recognizes that all necessary expenses incurred by the County in performing these services shall be paid by the City of Rolling Hills, in accordance with the cost estimate provided by the Registrar-Recorder/County Clerk on September 23, 2016, as described in Section 4. Should the County not conduct a Special Countywide Election on March 7, 2017, the County will conduct the city's election and has agreed to pay the difference between the total cost of the election without a Countywide measure less the estimated amount provided on September 23, 2016 to ensure a cost neutral effect for the City. Section 6. That in all particulars not otherwise specifically provided in this Resolution, the Election shall be held and conducted as provided by law. Section 7. That the City Clerk is directed to file an original certified copy of this Resolution with the Board of Supervisors and a copy with the County Elections Official. Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of October, 2016. BEA DIERINGER MAYOR ATTEST: HEIDI LUCE CITY CLERK Resolution No. 1193 The foregoing Resolution No. 1193 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 was approved and adopted at a regular meeting of the City Council on the 24th day of October, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: HEIDI LUCE CITY CLERK Resolution No. 1193 -3- THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 1194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES RESOLVE AS FOLLOWS: WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Rolling Hills on March 7, 2017, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 400 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY A. Pursuant to the Federal Voting Rights Act, the city is required to translate candidates statements into the following language: NONE. B. Pursuant to State law, the candidate's statement must be translated and printed in the voters pamphlet in any language at the candidates request. C. The City Clerk shall 1. Translations (a) have all candidates statements translated into the languages specified in (A) above. (b) have translated those statements into the languages as requested by the candidate in (B) above. 2. Printing (a) print an English only voter pamphlet to be mailed to all voters (b) print any translations of candidates who so request printing in the main voter pamphlet. the main voter pamphlet will be an English pamphlet, also containing candidate statement translations if requested by the candidate. Resolution No. 1194 Section 3. PAYMENT A. Translations 1. The candidate shall not be required to pay for the cost of translating the candidate statement into any required foreign language as specified in (A) of Section 2 above pursuant to Federal and\or State law. 2. The candidate shall be required to pay for the cost of translating the candidate statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate. B. Printing 1. The candidate shall be required to pay for the cost of printing the candidate statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. MISCELLANEOUS. A. All translations shall be provided by professionally -certified translators. B. The City Clerk shall not allow bold type, underlining, capitalization, indentations, bullets, leading hyphens to the same extent and manner as in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. Section 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. Section 7. That all previous Resolutions establishing City Council policy on payment for candidate's statements are repealed. Resolution No. 1194 -2- Section 8. That this Resolution shall apply only to the election to be held on March 7, 2017 and shall then be repealed. Section 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 24th day of October, 2016. BEA DIERINGER MAYOR ATTEST: HEIDI LUCE CITY CLERK Resolution No. 1194 -3- 0 The foregoing Resolution No. 1194 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. was approved and adopted at a regular meeting of the City Council on the 24th day of October, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: HEIDI LUCE CITY CLERK Resolution No. 1194 -4- TO: FROM: ter, ati Rdffafge egg INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 10-A Mtg. Date: 10/24/16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TERRY SHEA, FINANCE DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2016. DATE: OCTOBER 24, 2016 ATTACHMENTS: SCHEDULE OF INVESTMENTS DASH BOARD REPORT CARD INVESTMENT ALLOCATIONS SUMMARY REPORT BY QUARTER Attached you will find the City's quarterly investment report for review. Pursuant to the City Council's direction, it is agendized under "Matters from Staff" in order that it receives an appropriate level of review by the City Council. Below are Cash and Yield comparative date from the first quarter as of September 30, 2016 to the fourth quarter as of June 30, 2016 and Year to Date Interest Income comparative data from the first quarter as of September 30, 2016 to the first quarter as of September 30, 2015. The Portfolio has been diversified by investment instrument and maturity between Money Market, LAIF, and FDIC insured Certificates of Deposits. Also, the CaIPERS CERBT Strategy 1 OPEB Irrevocable Trust results for the first quarter ending September 30, 2016. Cash & Yield Comparative Data 1st Quarter FY 2016/2017 to 4th Quarter FY 2015/2016: Active Deposits Inactive Deposits Total Cash Portfolio Yield at Cost 1st Quarter FY 2016/17 $ 6,264,290 15,682 $ 6,279,972 0.637% 4th Quarter FY 2015/16 $ 6,846,739 $ 19,811 $ 6,866,550 r$ 0.601% Variance (582,449) (4,129) (586,578) 0.036% YTD Interest Income Comparative Data 1st Quarter FY 2016/2017 to 1st Quarter FY 2015/2016: 1st Quarter 1st Quarter FY 2016/17 FY 2015/16 Annual Interest- Budget $ 15,475 $ 14,000 Total YTD Interest Earned 2,475 3,269 Over (Under) Budget $ (13,000) $ (10,731) % of Annual Budget 15.99% 2335% Ca1PERS CERBT Strategy 1 OPEB Irrevocable Trust results for the first quarter as of September 30, 2016 and Fiscal Year to Date FY 2016/2017. 1st Quarter Fiscal YTD FY 2016/17 FY 2016/17 Beginning Balance $ 513,094 $ 513,094 Contribution - - InveitmentEarnings 14,562 • 14,562 Administrative Expense (111) (111) Ending Balance $ 527,545 $ 527,545 Note: Original Contribution December 2011 $354,733. We are pleased to answer any questions you may have. TS:RC:hi Investment Report cover memo.doc CITY OF ROLLING HILLS SCHEDULE OF INVESTMENTS as of September 30, 2016 BOOK VALUE FAIR VALUE ACCRUED PAR PRICE (MARKET INTEREST/ PURCHASE MATURITY INVESTMENT INSTITUTION VALUE. 0 COS), VALUE) DISCOUNT YIELD DATE DATE ACTIVE DEPOSITS t Money Market OPUS S 220,627.48 S 220,627.48 S 220,627.48 Interest Checking OPUS S 1004,693.77 S 1004,693.77 S 1,004,693.77 %ofTotal 19.56% 19.56% LAIF STATE TREASURY S 4,543,968.77 5 4,543,968.77 S 4,543,968.77 0.150% 0.650% 01/12/16 01/12/17 0.634% e/. of Total 72.54% 72.54% Malaga Bank - CD Malaga Bank S 245,000.00 5 245,000.00 S 245,000.00 0.450% 09/15/15 09/13/16 Preferred Bank- CD S 250000.00 5 250,000.00 S 250,000.00 1.250% 06/27/16 01/12/17 A of Total f 7.90% 7.90% ACTIVE DEPOSITS TOTALS • 6,264,290.02 6 64,290.02 6,264,290.02 0.637% INACTIVE DEPOSITS CHECKING OPUS $14,181.80 514,181.80 514,181.80 ' %of Total 90.43% 90.43% PETTY CASH N/A 51500.00 51,500.00 51,500.00 •/. of Total 9.57% . 9.57% INACTIVE DEPOSITS TOTALS $15,681.80 $15,681.80 515,681.80 GRAND TOTAL CASH 56,279,971.82 NOTES: (1) Investment portfolio is in compliance with investment policy established by City Council. (2) The City has the ability to meet all expenditure requirements far the next six months. (3) LAIF fair market value is only provided in lune of each year. Pr d By: Date Approved By: fo et4.46 k. Shea. Finance Director Raymond R. Cruz, City Manager /)/' 9/t. an' or ROLLING HILLS DASH BOARD REPORT CARD as of September 30, 2016 JUNE JUNE JULY AUGUST SEPTEMBER FY 2014-15 FY 2015.16 FY 2016-17 FY 2016-I] FY 2016.17 I. CASH FLOW ACTIVE DEPOSITS Book Vitae Price Q Cost OPUS Bank - Money Market S 494,883 S 89,247 S 79,016 S 51,954 5 220,627 OPUS Bank - Interest Checking - 1,003,049 1,003,56] 1,004,157 1,004,694 LAW 2,545.123 5,259,443 4.790,701 4,793.969 4,543,969 Malaga Bank CDARS - COS 2,455,000 - - MalagaBank/PreferredBank - COS 245.000 495 000 495000 495 000 495000 ACTIVE DEPOSITS TOTALS S 5,740,006 56,846,739 S 6,368,284 S 6,345,080 5 6,264,290 INACTIVE DEPOSITS Opus Bank - Checking S 330,109 S 18,311 S 106.944 S 30,288 S 14,182 Petty Cash 1.500 1.500 1,500 1 500 1,500 INACTIVE DEPOSITS TOTALS S 331,609 S 19,811 S 108,444 5 31,788 $ 15,682 GRAND TOTAL CASH 56071615 $6866.550 56,476,728 S 6,376 868 S 6,279,972 Active Deposits A From Previous Month S (651,003) 5 (100,466) S 478,455 S 23,204 S 80,790 IL LIQUIDITY CALCULATION Liquidity 54,653,502 S 4,794,590 $4,732,30] $4,732,307 S 4,732,307 Average Call Balance 55,508,178 $6,099,38] $6,139,716 $6,172,894 S 6.201,875 Emergency Reserve Per Policy Six Month Cash Reserve S 696,300 $ 809,248 S 809,248 S 809,248 S 809,248 S 1,386,376 S 948,193 S 1,137,239 S 1,178,995 S 1,190,780 Available Reserve for Longer Term Investment . S 4,353,630 S 5,898,546 S 5,231,045 S 5,166,085 S 5,073,510 Ill PORTFOLIO DIVERSIFICATION DIVERSIFICATION BY INSTRUMENT Money Market 8.62% 1.30% 1.24% 0.82% Interest Checking 0.00% 14.65% 15.76% 15.83% LAIF 44.34% 76.82% ]5.23% 75.55% Treasury Bills 0.07/. 0.00% 0.00% 0.00% CeNfirates of Deposit 47.04% 7.23% 7.77% 7.80% 100.07/. 100.00% 100.00% 100.00% DIVERSIFICATION BY MAURITY Less Then 90 Days 90 Days - 13 Weeks Six Months - 26 Weeks One Year - 52 Weeks 3.52% 16.04% 72.54% 0.07% 7.97% 100.00% 52.96% 78.12% 76,47. 80.23% 0.00% 0.00% 3.85% 0.00% 47.04% 18.23% 15.76% 15.83% 0.07% 3.65% 3.93% 3.94% 100.00% 100.07/. 100.01% 100.00% IV. PORTFOLIO PERFORMANCE MEASURES Yield at Cost Month BENCHMARKS 6 Month CD 1 Year CD 90 Day T -B01 2 Year Treasury 10 Year Treasury Anmsal Interest Budget 76,06% 0.00% 19.95% 3.99% 100.00%. 0.314% 0.601% 0.611% 0.635% 0,637% 0.27 0.29 0.29 0.3 0.32 1.02 1.13 1.14 1.15 1.18 0.02 0.3 0.3 0.3 0.3 0.69 0.67 0.67 0.68 0.68 2.36 1.50 1.50 1.49 1.50 S 13,550 5 14,OW S 15475 S 15475 5 15,475 Money Market S 615 5 6,057 S 9 S 19 S 30 Interest Checking (2) 542 1.150 1,692 Malaga BankPreferred Banks -CDS 8,011 4,760 - 260 752 LAW 4,956 6,563 LAtF Mark to Market (Net) - - Total YTD Interest Earned Over/(Under) Annual Budget % of Annual Budget $ 13,582 S 17,380 5 551 S 1,429 S 2,475 S 32 S 3,380 S 04,924) S (14,046) S (13,000) 100,24% 124.14% 3.56% 9.23% 15.99% Month OPUS .July $ 1,189,527 $ August 1,086,399 Sept 1,239,503 Oct 604,120 Nov 552,670 Dec 1,798,261 Jan 1,990,766 Feb 2,129,796 March 2,123,755 April (c) 500,230 May 1,465,719 June 1,110,607 (I) $ 15,791,353 (2) $ Average $ 1,315,946 $ Notes: CITY OF ROLLING HILLS LIQUIDITY CALCULATION BASED ON FISCAL YEAR 2016-2017 ACTUAL/CASH BUDGET FORECAST as of September 30, 2016 MONTHLY CASH BALANCES Total MALAGA - CD's Cash By T -Bill LAIF CDARS - CD's Month $ 4,793,968 $ 495,000 $ 6,478,495 4,793,968 495,000 6,375,367 4,543,969 495,000 6,278,472 2,548,972 2,700,000 5,853,092 2,548,972 2,700,000 5,801,642 2,548,972 1,700,000 6,047,233 2,551,332 1,700,000 6,242,098 2,551,332 1,700,000 6,381,128 4,006,332 245,000 6,375,087 4,009,443 245,000 (a) 4,754,673 5,259,443 245,000 6,970,162 5,259,443 495,000 6,865,050 - (2) $ 45,416,147 (2) $ 13,215,000 $ 74,422,500 (e) $ 3,784,679 Lowest Balance Highest Expense (a) $ 4,754,673 (b) $ 522,596 (d) Liquidity Calculation $ 1,101,250 (c) $ 6,201,875 (e) Average Monthly Cash Balance Less 40% Emergency Reserve Available Investment Liquidity (1) Actual/Forecast Cash Budget FY 2015/16 (2) Monthly Bank Reconciliations (3) Per Investment Policy FY 14/15 General Fund Audited Revenue $2,023,119 X 40%= $809,248 (4) Six Month Cash Reserve based on FY 15/16 Actual/Forecasted Annual Expenditures divided by two. Lowest Deposits (c) S 500,230 (d) Average Cash Balance $ 6,201,875 (1) Expenditures By Month (b) $ 522,596 181,728 140,945 137,744 142,472 460,313 109,684 125,541 148,669 132,131 127,383 152,355 $ 2,381,561 $ 198,463 Six Month Liquidity Cash Reserve $ 4,732,307 (4) $ 1,190,780 (d) $ 4,732,307 (e) $ 6,201,875 - (3) (809,248) $ 4,732,307 S 5,392,627 INVESTMENT ALLOCATIONS SUMMARY as of September 30, 2016 Investment Type Book Value Price ® Cost Less Than 90 Days 90-180 181-360 One Two Three Days Days Year Years Years Money Market 3.52% $ 220,627 $ 220,627 $ $ $ - $ $ LAIF 72.54% 4,543,969 4,543,969 - - Interest Checking 16.04% 1,004,694 - 1,004,694 - CD'S 7.90% 495,000 245,000 250,000 Total Active Deposits 100.00% $ 6,264,290 $ 4,764,596 $ $ 1,249,694 $ 250,000 $ - $ - Cash Six Month Active Cash Reserve Cash Liquidity Deposits Reserve Per Policy Reserve Liquidity FY 15/16 Cash Budget $ 4,732,307 $ 6,264,290 $ 1,531,983 $ 809,248 $ 1,190,780 Maturity Investment Allocation Less Than 90 Days 76.06% 90 Days - 13 Weeks 0.00% Six Months - 26 Weeks 19.95% One Year - 52 Weeks 3.99% Two Years - 104 Weeks 0% Three Years - 156 Weeks 0% 100.00%