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3350, , Noticingt • • CITY OF ROLLING HILLS AFFIDAVIT OF POSTING NOTICE OF CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) AF1i1DAVIT OF POSTING NOTICE OF CONTINUANCE OF FIELD TRIP TO 15 AND 18 PORTUGUESE BEND ROAD I, Ewa Nikodem, declare as follows: That I am the Administrative Assistant of the City of Rolling Hills; that said field trip was continued to the time and place specified in the Notice of Adjournment attached hereto; and that on February 18, 2016 at the hour of 2:30 PM a copy of said notice was posted on the door of Rolling Hills City Hall and at both locations (15 and 18 Portuguese Bend Road) where the meeting was scheduled to be held. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 18`h day of February, 2016 at Rolling Hills, California. CkAs.--- Ewa Nikodem Administrative Assistant .01 • oZi&t9 qe:14INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 NOTICE OF ADJOURNMENT DUE TO LACK OF QUORUM CITY OF ROLLING HILLS CITY COUNCIL NOTICE IS HEREBY GIVEN that an adjourned regular meeting (field trip) of the City Council of the City of Rolling Hills scheduled for Monday, February 22, 2016 at 7:00 a.m. at 15 and 18 Portuguese Bend Road was adjourned due to a lack of quorum at the request of the parties. The next regular meeting of the City Council will be held on Monday, February 22, 2016 at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California, at which time a new date will be selected for the field trip. Dated this 19th day of February, 2016. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ss Heidi Luce City Clerk HEIDI LUCE, being first duly sworn, deposes and says: That she is the duly appointed City Clerk of the City of Rolling Hills and that on February 19, 2016, she caused the above Notice to be posted on the door of Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California and at 15 and 18 Portuguese Bend Road, Rolling Hills, California. HEIDI LUCE CITY CLERK CITY OF ROLLING HILLS AFFIDAVIT OF POSTING NOTICE OF CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA COUNTY OF LOS ANGELES AFFIDAVIT OF POSTING NOTICE OF CONTINUANCE OF FIELD TRIP TO 15 AND 18 PORTUGUESE BEND ROAD I, Ewa Nikodem, declare as follows: That I am the Administrative Assistant of the City of Rolling Hills; that said field trip was continued to the time and place specified in the Notice of Adjournment attached hereto; and that on January 8, 2016 at the hour of 2:30 PM a copy of said notice was posted on the door of Rolling Hills City Hall and at both locations (15 and 18 Portuguese Bend Road) where the meeting was scheduled to be held. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 8th day of January, 2016 at Rolling Hills, California. Ewa Nikodem Administrative Assistant 64 Ra qe • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 NOTICE OF ADJOURNMENT DUE TO LACK OF QUORUM CITY OF ROLLING HILLS CITY COUNCIL NOTICE IS HEREBY GIVEN that an adjourned regular meeting (field trip) of the City Council of the City of Rolling Hills scheduled for Monday, January 11, 2016 at 7:00 a.m. at 15 and 18 Portuguese Bend Road was adjourned due to a lack of quorum at the request of the parties. The next regular meeting of the City Council will be held on Monday, January 11, 2016 at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California, at which time a new date will be selected for the field trip. Dated this 8th day of January, 2016. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ss Heidi Luce City Clerk HEIDI LUCE, being first duly sworn, deposes and says: That she is the duly appointed City Clerk of the City of Rolling Hills and that on January 8, 2016, she caused the above Notice to be posted on the door of Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California and at 15 and 18 Portuguese Bend Road, Rolling Hills, California. eu t e a w HEIDI LUCE CITY CLERK • • 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 12th day of November, 2015, I serve the within CITY COUNCIL PUBLIC HEARING NOTICE MEETING 11/23/20125 Hassoldt and Nuccion Appeals to the City Council — View Impairment Complaint a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: PUBLISHED MAILED DELIVERED PVP NEWS property owners NONE Within 1,000 ft radius (Hassoldt/Light /Nuccion/Weinberg) Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the 126 day of November, 2015 at Rolling Hills, California. Ewa Nikodem Administrative Assistant • 411 City 0 iedii%7.v L/L INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Monday, November 23, 2015 at 7:30 P.M., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following: CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD An appeal has been filed by the complainants, Dr. and Mrs. Nuccion, and the property owners on whose property the trees are located, Mr. and Mrs. Hassoldt. Any person is welcome to review the complaint, resolution of the Committee on Trees and Views, minutes from the meetings and the appeal requests prior to the public hearing, at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30 a.m. to 5:00 p.m. Monday through Friday. You are invited to provide written comment with regard to these appeals at, or prior to, the public hearing. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Published once in the Palos Verdes Peninsula News Thursday, November 12, 2015 Printed on Recycled Paper 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 12`h day of March, 2015, I serve the within COMMITTEE ON TREES AND VIEWS meeting on 03/17/2015 Hassoldt / Nuccion VIEW IMPAIREMET COMPLAINT a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: MAILED Interested parties DROPBOX Asst. City Attorney DELIVERED City Manager Committee Members (Smith, Gray, Mirsch) Also posted at City Hall, emailed thru ListServ, pdf's in DropBox. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the 12"' day of March, 2015 at Rolling Hills, California. Ewa Nikodem Administrative Assistant • 8e-sf al Raff4t0 geek NOTICE OF ADJOURNMENT • INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY OF ROLLING HILLS PLANNING COMMISSION COMMITTEE ON TREES AND VIEWS NOTICE IS HEREBY GIVEN that the Committee on Trees and Views meeting scheduled for Tuesday, February 17, 2015 at 5:00 p.m. to consider the item listed below was adjourned due to lack of a quorum. The Public Hearing will be continued to Tuesday, March 17, 2015 beginning at 5:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Dated this 17th day of February, 2015. W4fJith&Lt.L) Heidi Luce City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) HEIDI LUCE, being first duly sworn, deposes and says: That she is the duly appointed City Clerk of the City of Rolling Hills and that on February 17, 2015, she caused the above Notice to be posted on the door of Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Qileth Heidi Luce City Clerk • • THIS PAGE INTENTIONALLY LEFT BLANK MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS MARCH 17, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 5:02 p.m. on Tuesday, March 17, 2015, in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Gray and Chairperson Smith. Committee Members Absent: None - a vacancy currently exists on the Committee. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Shahiedah Coates, Assistant City Attorney. Heidi Luce, City Clerk. Brad Chelf, Chairman, Planning Commission. PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and stated that the Committee currently consists of only two members due to the fact that the third member was elected to the City Council but the Planning Commission will be appointing the third member at its meeting later this evening and as such, Brad Chelf is sitting in the audience in anticipation that he may be appointed. She then reviewed the rules of conduct for the meeting stating that staff will provide an overview of the complaint, the parties will each be given ten minutes to speak and then it will be open for public comments limited to three minutes each. Planning Director Schwartz reviewed the complaint stating that the complaint was submitted by the Nuccions who own 18 Portuguese Bend Road against trees located on a property owned by the Hassoldts at 15 Portuguese Bend Road. She stated that RHMC Chapter 17.26 sets forth procedures for a view obstruction process and the applicants have been through the mediation process but it did not resolve the matter and the applicants submitted an application for a hearing before the Committee on Trees and Views. She stated that the applicant purchased the property in 2009 and is seeking to have the view restored to what it was at that time. She stated that the applicant has submitted pictures of the view as well as an arborist's statement listing the trees and indicating what the applicant would like to have to have done on each tree. Planning Director Schwartz stated that according to the ordinance, the Committee on Trees and Views will consider this matter anew and what was discussed in mediation may not be considered. She reviewed the process for view abatement as set forth in the View Preservation Ordinance including the provisions added when Measure B was adopted by a vote of the people in 2013. She stated that a field trip will help the Committee make the required findings including: defining the viewing area, determining if a view exists; determining if the view is significantly obstructed; and if it obstructed, is it obstructed by mature or maturing trees? She further stated that if the Committee finds in the affirmative on those item, then it will be required to come up with restorative action to restore the view. She further reviewed the applicant's request and referred the Committee to circle page 11 of the staff report that outlines the requested actions as well as the corresponding photographs displayed. Minutes Committee on Trees and Views 03-17-15 -1- • • Chairperson Smith called for public comment. Diana Nuccion, 18 Portuguese Bend Road addressed the Committee to further explain their request. She stated that they obtained a bid for the work they are requesting and it totaled $3,500 and included one day of work. Stephen Nuccion further explained their request and the process that they have been through thus far. He stated that they are not asking for more than what they had when they purchased the property and they feel they are asking for a reasonable view to be restored to what they had when they purchased the property and that the view be maintained. William Hassoldt, 15 Portuguese Bend Road addressed the Committee suggesting that the Committee needs to see the environment to better understand what the obstacles are. He further suggested that there be an exhibit showing the view corridor and line of sight to clarify what trees are in the view. He stated that he feels what is being requested will affect 90% of the trees on the property and they are concerned for the health of the trees and further commented that since they purchased the property they have trimmed many of the trees. Judith Hassoldt stated that she walked the property with an arborist to assess what could be done and expressed concern for the health and aesthetics of the trees. She expressed further concern regarding the trimming that was done previously and stated that the trees are an important part of the outdoor life on this property. Committee Member Gray commented that a site visit will be necessary and it would be helpful to have the trees identified. Discussion ensued concerning the need to have the trees identified. Following discussion, the Committee asked the applicant to identify the trees on a plot plan, place an identifying tag on the trees and prepare a corresponding table with the tree number and description. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. ADJOURNMENT Chairperson Smith adjourned the meeting at 5:57 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, April 21, 2015, beginning at 8:00 a.m. for the purpose of conducting a site visit to 18 Portuguese Bend Road, Rolling Hills, California. The Committee will also meet again at 5:00 p.m. on Tuesday April 21, 2015 in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, l dyl..ukA Jill V. Smith Chairperson Respectfully submitted, Heidi Luce City Clerk Minutes Committee on Trees and Views 03-17-15 -2- MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APRIL 21, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 8:16 a.m. on Tuesday, April 21, 2015 at 18 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Dr. and Mrs. Stephen Nuccion. Mr. and Mrs. William Hassoldt. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD The Committee and those present assembled on the patio immediately adjacent to the family room of the Nuccion home at 18 Portuguese Bend. Road. Planning Director Schwartz briefly reviewed the complaint stating that the Nuccions are requesting action on 11 trees. She stated that the applicant submitted photographs from when they purchased the property in 2009 as well as an arborist's statement listing the trees and indicating what the applicant would like to have done on each tree. She further stated that since the last meeting, the applicant has provided aerial photographs on which the trees are identified by number corresponding to the arborist's statement. The Committee briefly reviewed the aerial photographs. Planning Director Schwartz reminded the Committee that the purpose of the field trip is to determine the viewing location, determine if there is a view; determine if the view is significantly obstructed; and if it is obstructed, are the trees that are obstructing the view mature or maturing? Brief discussion ensued concerning the aerial photographs and whether or not they are adequate based on what the Committee requested at the last meeting. Dr. Nuccion commented that they were not able to access the Hassoldt property to prepare the plot plan. Mrs. Hassoldt commented that she asked staff several times the status of the plot plan. Discussion ensued concerning the power poles located on the properties and the proximity of those poles to the trees. Dr. Nuccion commented that the Public Resources Code has specific requirements with regard do the required clearance around power poles and provided two documents relating to the Public Resources Code requirements for clearance. Mr. Hassoldt commented that they work with Southern California Edison (SCE) to have the trees trimmed based on SCE requirements. Dr. Nuccion commented that there are three views from the viewing location: Downtown Los Angeles, the Queen's Necklace and the Disneyland fireworks. Brief discussion ensued concerning view corridors. Minutes Committee on. Trees and Views 04-21-15 (Field Trip) -1- •S • The Committee then proceeded to the Hassoldt property to view the trees. The Committee assembled in the easement in front of the home and viewed the trees identified on the arborist report as #6, #7 and #8 which include two California Pepper trees, an Olive tree and Acacia tree. It was noted that the Acacia tree had fallen over. Next, the Committee proceeded to the front of the house to view the two Olive trees located in the front courtyard identified as #9. The Committee then turned to look at the trees located to the northeast which include two Fan Palms ,and a Eucalyptus along the roadway easement identified on the arborist report as trees #2 and #3. It was noted that the Eucalyptus identified as Tree #1 on the arborist report has been removed. The Committee then proceeded to the garage area to view the Eucalyptus tree located near the utility pole on the Hassoldt property identified as tree #5 on the arborist report. Discussion ensued concerning the utility pole and the purpose the tree serves in blocking the view of the pole. To conclude the field trip, the Committee walked along the south easement of the property between the Nuccion and Hassoldt properties to view the trees located at the southwest corner of the property identified as #4 on the arborist report which included a Eucalyptus and an Olive tree. The Committee suggested to both parties that it would be good if they could come to an agreement amongst themselves. Discussion occurred between Dr. Nuccion and Mr. Hassoldt as to how the matter could be resolved amongst the parties. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. ADJOURNMENT Hearing no' further business before the Committee, Chairperson Smith adjourned the meeting at 8:53 a.m. to an adjourned meeting of the Rolling Hills Committee on Trees and Views scheduled to be held on Tuesday April 21, 2015 beginning at 5:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, V'll sin V. Smith Chairperson Respectfully submitted, (4-afit Vac') Heidi Luce City Clerk Minutes Committee on Trees and Views 04-21-15 (Field Trip) -2- • MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APRIL 21, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 5:05 p.m. on Tuesday, April 21, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. Dr. and Mrs. Stephen Nuccion. Mr. and Mrs. William Hassoldt. Dave Dennee, 1 Lower Blackwater Canyon Road. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, MARCH 17, 2015 (HASSOLDT/NUCCION) Committee Member Gray moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, March 17, 2015 as presented. Chairperson Smith seconded the motion which carried without objection. Committee Member Chelf abstained. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item, reviewed the procedural rules for the meeting and asked for staffs comments. Planning Director Schwartz stated that earlier in the day the Committee on Trees and Views visited both properties at 18 Portuguese Bend Road and 15 Portuguese Bend Road and this is a continued public hearing regarding a view obstruction at 18 Portuguese Bend Road. She stated that additional correspondence was received and provided copies to the Committee including copies of a correspondence between staff and Mrs. Hassoldt and copies of documents received from the Nuccions at the field trip pertaining to SCE trimming requirements. She further commented that as a result of the confusion experienced during the field trip relative to some trees being grouped together on the arborists report, staff prepared a table listing all of the trees and numbering the trees correspondingly to the arborists report. Planning Director Schwartz stated that for Tree #1 and Tree #8 no action is being requested which leaves 11 trees for the Committee's consideration. She further reviewed the Committee's responsibilities in this matter as prescribed by the view ordinance and Measure B. Minutes Committee on Trees and Views 04-21-15 (Regular) -1- Chairperson Smith called for public comment. Steve Nuccion, 18 Portuguese Bend Road addressed the Committee stating that their hope and intention was to work with their neighbor to resolve the matter, but they were unable to do so. He stated that they would like to restore their view to what the view was when they purchased their property. In response to Committee Member Chelf, Dr. Nuccion explained the background on the issues related to the utility pole on their property that communicates with a pole on the Hassoldt property and their communications and negotiations with SCE relative to those poles. In response to Committee Member Gray regarding trees that were recently removed, Dr. Nuccion stated that a tree on the property at 13 Portuguese Bend Road was removed from the property with approval from that property owner and based on a survey, reviewed by the arborist that indicated that the tree was on that property. He commented that a shrub was also removed from the property at 13 Portuguese Bend Road but it was not removed at their request. Judith Hassoldt, 15 Portuguese Bend Road addressed the Committee to explain her previous communication in January 2014 with American Arbor Care regarding the trees on their property at which time they reviewed each tree. She further commented that the trees removed from 13 Portuguese Bend Road provided screening for their property. She expressed concern that referencing canopies and groups of trees doesn't provide enough specificity and the trees should be listed individually not shown on an aerial photograph. William Hassoldt, 15 Portuguese Bend Road addressed the Committee stating the shrub that was removed from 13 Portuguese Bend Road provided ambiance for their property and showed a photograph of the area prior to removal of the shrub. Referring to the trees listed in the arborist's report, he reviewed the trees he feels are in the view corridor and which they could agree on cutting. He expressed concern about cutting to the trees to the 2009 cuts and commented that he would like to be present when any cutting is done. He further commented that the Red Eucalyptus tree (#5) serves to buffer the view of the utility pole and Trees ^. and 4A buffer the heavy wires. He further commented that properly trimmed trees allow for a view through the trees, provide oxygen, remove pollutants from the air and provide curb appeal to the property as well as the community. Dr. Nuccion commented that they agree that there is a value to trees but there is also value and enjoyment from a view. He stated that their hope is to strike a compromise. Mr. Hassoldt commented that they are willing to provide a view corridor and he would like to be present during the trimming. Hearing no further public comment, the Committee began its deliberation. The Committee concurred that the location of the viewing area is appropriate, there is a view, the view existed in 2009 when the Nuccions acquired the property and the view is impaired. Committee Member Chelf commented that he feels this is not a very complicated case for the Committee to decide, but he strongly urged the parties to try to work it out amongst themselves. Following brief discussion, the Committee took a brief recess at 5:50 p.m. to allow the parties time to discuss the matter amongst themselves. Chairperson Smith called the meeting back to order at 5:52 p.m. recognizing that the parties could not agree to assemble for such a meeting. Dave Dennee, 1 Lower Blackwater Canyon Road addressed the Committee commenting that he feels that once the Committee makes its recommendations, determining how the actual trimming is done should be left to a professional arborist. The Committee resumed its deliberations and began discussing each specific tree. Following discussion, the Committee on Trees and Views concurred on the following restorative actions: Tree # Type of Tree & Location Action 1 Eucalyptus NO ACTION 2 Eucalyptus - along Roadway easement- Lace, shape & crown reduce to no higher than front the Palm Trees 3 Washington Fan Palm - along N/E side Remove the dead fronds of property 3-A Washington Fan Palm - along N/E side Remove the dead fronds of property Minutes Committee on Trees and Views 04-21-15 (Regular) -2- Tree # 4 4-A 5 6 6-A 7 8 9 Type of Tree & Location Eucalyptus & various volunteers - S/W corner of lot Olive & various volunteers - S/W corner of lot Eucalyptus - by garage California Pepper - along front California Pepper - along front Olive Tree - along front; S/E corner Acacia Olive Tree - lawn area 9-A 1 Olive Tree - lawn area TOTAL 11 Action Lower the canopy and trim to old cuts for city view Lower the canopy and trim to old cuts for city view Reduce crown to the height of top of pole Shape & reduce canopy to old cuts Shape & reduce canopy to old cuts Shape & reduce crown and balance to 2009 view NO ACTION Lace, shape, reduce crown and balance to 2009 view Lace, shape, reduce crown and balance to 2009 view The Committee further discussed the timing of the trimming, cost allocation and recommendations for other conditions. Following discussion, the Committee concurred as follows: • Trimming should be done in the winter months or as recommended by a professional arborist. • New trees or any volunteer trees should not be allowed to grow into the restored view. • Initial restorative action to be paid by complainant. • Maintenance should be done every two years. • Subsequent maintenance to be paid by tree owner. Following further discussion, Committee Member Chelf moved that the Committee on Trees and Views direct staff to prepare a Resolution setting for the restorative action, timing and cost allocation as described above. Committee Member Gray seconded the motion which carried without objection. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA, None. ADSOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 6:25 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Thursday, May 14, 2015 beginning at 5:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, iniA-tk‘ 3i V. Smith Chairperson Respectfully submitted, CAI at) Heidi Luce City Clerk Minutes Committee on Trees and Views 04-21-15 (Regular) -3- • • THIS PAGE INTENTIONALLY LEFT BLANK MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS MAY 14, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 5:36 p.m. on Thursday, May 14, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. Dr. and Mrs. Stephen Nuccion. Mr. and Mrs. William Hassoldt. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A FIELD TRIP OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, APRIL 21, 2015 (HASSOLDT/NUCCION) Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, April 21, 2015 as presented. Committee Member Gray seconded the motion which carried without objection. MINUTES OF A MEETING OF THE COMMI1'1EE ON TREES AND VIEWS, TUESDAY, APRIL 21, 2015 (HASSOLDT/NUCCION) Chairperson Smith noted one correction to the minutes on page 3 to provide further clarification to the point at which the meeting was called back to order after the brief recess, the sentence should read: Chairperson Smith called the meeting back to order at 5:52 p.m. recognizing that the parties could not agree to assemble for such a meeting. Following brief discussion, Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, April 21, 2015 as amended. Committee Member Gray seconded the motion which carried without objection. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD AND CONSIDERATION OF RESOLUTION NO. 2015-03CTV - A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT TO 18 PORTUGUESE BEND ROAD CAUSED BY SPECIFIC TREES LOCATED AT 15 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. Minutes Committee on Trees and Views 05-14-15 -1- • i Chairperson Smith introduced the item and asked for staff's comments. Planning Director Schwartz stated that before the Committee today is a continued public hearing to consider a Resolution of Approval as prepared with direction from the Committee in a View Impairment case filed by the Nuccions at 18 Portuguese Bend Road against trees on the Hassoldt property at 15 Portuguese Bend Road. She stated that the Committee visited the site and the trees were identified in the field. Following the field trip and further consideration, the Committee directed staff to prepare a resolution to remediate the view impairment to the view that was shown in the evidence as presented by the Nuccions from 2009 when they purchased the property. She stated that the Resolution contains standard findings and facts and remediation conditions specifying that the remediation shall be completed by June 22, 2015 including a provision that if an arborist determines that the trees would suffer if they were to be trimmed in June, then the remediation action should occur at a time recommended by the arborist. She further reviewed the Resolution stating that the initial restorative action will be paid by the complainant and the future maintenance, every two -years, is to be paid by the property owners of 15 Portuguese Bend Road and completed by March 9th of each year the remediation is to take place. She further stated that the Resolution will be recorded and staff will document the restored view after the restorative action has taken place as a baseline for future enforcement of the Resolution and the Resolution contains a provision that allows staff to recoup costs associated with enforcement. She stated that a letter was received from the Hassoldts and the City Attorney will address the issues raised in the letter. Assistant City Attorney Coates stated that the letter from the tree owners raises a few points in two categories. First, that the Committee should have been provided with additional evidence regarding the tree including an independent arborists' report and a civil engineer's report. With regard to that point, she stated that the Committee has the discretion to determine if it has sufficient evidence to support the findings and having taken a field trip to the site and reviewing the evidence submitted if the Committee feels it has sufficient evidence, it is up to the Committee to determine if it needs additional information. She stated that the second point raised in the letter is with respect to the maturity of the trees which is a required finding. She stated that the Resolution, as currently drafted does not call out whether the trees were mature or maturing at the time the Nuccions acquired the property and that is something the Committee needs to discuss today. She stated that the Committee should determine if it has been submitted with sufficient evidence to make a determination that the trees were maturing and not mature in 2009 when the Nuccions acquired their property. In response to Committee Member Gray, Assistant City Attorney Coates stated that the Ordinance as amended by Measure B, does not differentiate with regard to the type of restorative action when it exempts mature trees. Brief discussion ensued concerning the fact that the trees have been trimmed in the past and how might that affect maturity. Chairman Smith called for public comment. Steve Nuccion, 18 Portuguese Bend Road addressed the Committee stating that it is their intention to get this matter resolved and with regard to the maturity issue, there is no legal definition of mature vs. maturing and he feels the intent of the ordinance is to preserve views that were maintained when a person purchased a property. He stated that mature can be defined as growing or done with growth or a certain age. He stated that their request is that the Committee rule on this matter as it did at its last meeting to restore their view. Judith Hassoldt, 15 Portuguese Bend Road addressed the Committee stating that the olive trees were given to the original property owner when they purchased their property in 1937 and she feels they are mature. She further stated that she feels the City should require an arborist report and a location map of the trees before the Committee makes a determination on this case and she feels amateur photographs are unacceptable. She provided examples of the reports they submitted in connection to another unrelated case. She stated that she also feels the trees are mature and should be exempt from action. William Hassoldt, 15 Portuguese Bend Road addressed the Committee stating that he feels the olive trees and two eucalyptus trees are a minimum of 60 years old and should be considered mature and exempted from action. He further stated that he does not feel there was a view in 2009 when the Nuccions purchased the property and that the trees were trimmed to create the view they established as the 2009 view. He stated that he does not feel there are 11 trees in the view but rather only 7 trees. Steve Nuccion addressed the Committee in response to the Hassoldt's comments stating the there is no Minutes Committee on Trees and Views 05-14-15 -2- • I • proof that they did not have a view when they purchased their property and feels they have submitted sufficient evidence to support their claim to have the view restored. Mr. Hassoldt suggested that an arborist be engaged to determine if the trees were mature or maturing in 2009 and that this matter be continued: Richard Colyear, 35 Crest Road West addressed the Committee stating that the Municipal Code clearly exempts mature trees and an arborist could determine that the trees are mature and thus should be exempted from action. Ken Pickar, 11 Bowie Road addressed the Planning Commission to ask for clarification as to whether or not the view existed when the Nuccions purchased the property. In response, Chairperson Smith stated that evidence was submitted to indicate that the view existed when the Nuccions purchased the property. The Committee began its deliberation on this matter. Committee Member Gray commented that mature vs. maturing is difficult determination to make and he feels that in its prior deliberation he feels that the determination that the Committee came to was minor and will not adversely affect the trees, but the point about mature vs. maturing is a valid point and he feels an independent arborist should be engaged to help make that determination. Committee Member Chelf commented that it is a difficult situation to address and he feels the maintenance, especially to the olive tress is minor and should have been done all along. He concurred that an independent arborist should be consulted. Discussion ensued concerning the definition of mature vs. maturing. Assistant City Attorney Coates stated that there are a variety of definitions within the arborist profession as to what mature or maturing means with regard to tree growth and height range is just one way that measure maturity. Chairperson Smith commented that she feels this is a fairly simple case and doesn't want to delay it, but that she also feels that an independent arborist should be consulted to determine the maturity of the trees. Further discussion ensued concerning the maturity of the trees with the Committee concurring that an independent arborist should be consulted to determine whether or not the trees were mature in 2009. The Committee also concurred that a survey and tree plot plan are not necessary in this case given its simplicity. Discussion ensued concerning how the cost for the arborist would be paid. Planning Director Schwartz stated that the complainant would typically pay such costs as it is their responsibility to provide sufficient evidence but that the City would typically select the arborist. The Committee expressed concern about incurring additional cost upon the applicant. Assistant City Attorney Coates stated that another option would be to ask the City Council for approval for the City to incur those costs. Following further discussion, Committee Member Chelf suggested that the cost for the independent arborist be split between the complainant and the tree owner. Following brief discussion, the Committee concurred that it would make sense to split the cost between the complainant and the tree owner. Committee Member Chelf moved that the Committee direct staff to select and retain an independent arborist to be given access to the property at 15 Portuguese Bend Road in order determine the maturity of the trees with the cost to be paid 50% by the complainant and 50% by the property owner. Committee Member Gray seconded the motion which carried without objection. The public hearing was continued. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. ADJOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 6:25 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, July 7, 2015 beginning at 5:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Minutes Committee on Trees and Views 05-14-15 -3- • • Approved, 1 W �� - 2-LL# Jill. Smith Chairperson Respectfully submitted, Heidi Luce City Clerk Minutes Committee on Trees and Views 05-14-15 -4- MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS JULY 7, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 5:34 p.m. on Tuesday, July 7, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. Howard Weinberg, Attorney (Nuccion). Mr. and Mrs. William Hassoldt. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, THURSDAY, MAY 14, 2015 (HASSOLDT/NUCCION) Committee Member Gray moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, April 21, 2015 as presented. Committee Member Chelf seconded the motion which carried without objection. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and asked for staff's comments. Planning Director Schwartz stated that this is a continued public hearing regarding a View Impairment Complaint filed by Dr. and Mrs. Stephen Nuccion of 18 Portuguese Bend Road against trees located at the property owned by Mr. and Mrs. William Hassoldt at 15 Portuguese Bend Road. She stated that the Committee has held several public hearings as well as a field trip and at its April meeting, the Committee directed staff to prepare a Resolution taking some corrective action against 11 trees located at 15 Portuguese Bend Road to restore the view from 18 Portuguese Bend Road, which was considered by the Committee at its May meeting. At that time, the Hassoldts objected to the Resolution on the grounds that a finding concerning the maturity of the trees was not made. Subsequently, the Committee agreed to obtain an opinion from an independent, third party arborist concerning the maturity issue and directed the Nuccions and Hassoldts to split the cost equally for such services. It was later determined that the View Ordinance prohibits such cost allocation for third -party services and it is the applicant that is solely responsible for any cost incurred for such services. She further commented that both parties were subsequently informed of this determination and it was also reported to the Planning Commission at its May meeting by the Assistant Minutes Committee on Trees and Views 07-07-15 -1- •i City Attorney. As a result of this direction, the City obtained three proposals from arborists and selected an arborist to perform the requested services upon receipt of the signed agreement and payment from the Nuccions. She stated that the Nuccions have since objected to the process and have asked to be present to address the Committee regarding the matter of cost allocation. She further commented that the Nuccions have since retained an attorney, Mr. Howard Weinberg and have submitted a report from their arborist which addresses the maturity issue. She stated the Hassoldts have also submitted a report from their arborist regarding the maturity issue, which has been placed on the dais because it was just received yesterday. She stated that as such, the Committee has received two conflicting arborist reports. She reviewed the provisions of the Ordinance under which the Committee may seek expert advice if necessary; the cost which will be borne by the complainant pursuant to an agreement with the City. She further reviewed the options before the Committee. Chairperson Smith called for public comment. Howard Weinberg, Attorney addressed the Committee on behalf of the Nuccions regarding the tree maturity issue. He stated that he does not feel that the Nuccions have the burden of proof to show that all the trees were maturing in 2009 when they purchased the home; rather, the burden is on the Hassoldts to provide evidence that the trees were mature. He further stated that the Nuccions retained an arborist to assess the trees and that arborist concluded that the trees were not mature in 2009 and have gone through • an additional maturing process in the last six years. He stated that the report submitted by the Hassoldt's arborist does not provide any substantial evidence to prove that the trees were mature in 2009. With regard to the issue of the Nuccions paying for a third -party arborist, Mr. Weinberg stated that the Nuccions were not opposed to paying for those services, but felt that the $2,500 cost for the independent arborist is excessive. He urged the Committee to adopt the Resolution that was presented. William Hassoldt, 15 Portuguese Bend Road addressed the Committee stating that it was his understanding that the purpose of the meeting today was to receive the report for the independent arborist regarding the maturity of the trees. He further stated that, he does not believe the Nuccion's had a view in 2009 when they purchased the property. He expressed concern that the Nuccions have retained an attorney and regarding the accuracy of their arborist's report. He stated that he feels that the Committee should proceed with obtaining an independent arborist's report as originally directed. Judith Hassoldt, 15 Portuguese Bend Road addressed the Committee stating that they hired the arborist to answer their questions regarding trees on their property. Hearing no further public comment, Chairperson Smith asked for comments from the Committee. Committee Member Chelf stated that he feels the Committee is in the same place it was at the last meeting. He stated that two arborist reports submitted conflict and he feels that an independent report is necessary to determine the maturity issue. Committee Member Gray stated that he feels that the Committee should look at the two reports and determine what is appropriate for this case. He stated that he feels there is ample evidence and the City shouldn't pay for an additional arborist report. Chairperson Smith stated that she does not feel ample evidence has been submitted and she agrees with Committee Member Chelf that an independent report is necessary to determine the maturity issue. She further stated that there are three options before the Committee: deny the Nuccion's application for lack of substantial evidence; ask the City Council for funds to pay for an independent arborist; or ask the Nuccions again to pay for independent arborist. Discussion ensued concerning the options before the Committee. Committee Member Gray stated that he feels that view restoration measures set forth in the Resolution are fair and that the Committee should adopt the Resolution. Chairperson Smith commented that she still feels that a report from an independent arborist regarding the maturity issues is necessary. Committee Member Chelf concurred with Chairperson Smith. Chairperson Smith suggested that the Committee continue the Public Hearing and ask the Nuccions to pay for an opinion from an independent arborist and reconvene upon receipt of the report to make a final decision. Assistant City Attorney Coates reminded the Committee that it has received additional evidence and may wish to consider that evidence to determine if there is sufficient information that a decision can be made at this time. She suggested that a Committee take a brief recess to review the information submitted. The Committee took a brief recess to review the information submitted. Minutes Committee on Trees and Views 07-07-15 -2- Chairperson Smithcalledthe meeting back to order. Committee Me Member Gray stated that after reviewing the reports, he feels that the Committee has enough evidence to support its decision. Committee Member Chelf and Chairperson Smith stated that they do not feel there is sufficient evidence. Chairperson Smith suggested again that the Committee continue the Public Hearing and ask the Nuccions to pay for an opinion from an independent arborist and reconvene upon receipt of the report to make a final decision. In response to the Committee, Mr. Weinberg stated that the Nuccions would like to see the scope of work. He further stated that the Nuccions are willing to pay for the City to retain an arborist provided that the scope of work is reasonable and clearly defined. Following further discussion concerning potential dates for the next meeting, the public hearing was continued Tuesday, July 21, 2015 beginning at 5:30 p.m. pending receipt of the arborist report. Staff was directed to provide the applicant with the scope of work; and upon receipt from the applicant of the payment for the arborist services, proceed with having the work done. ADJOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 6:25 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, July 21, 2015 beginning at 5:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, /V. Smith airperson Respectfully submitted, Heidi Luce City Clerk Minutes Committee on Trees and Views 07-07-15 -3- • THIS PAGE INTENTIONALLY LEFT BLANK MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS JULY 21, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order at 5:30 p.m. on Tuesday, July 21, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. William Hassoldt, 15 Portuguese Bend Road. PUBLIC COMMENTS None. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and stated that the meeting will be continued to a date specific and there will be no discussion on this item this evening. Planning Director Schwartz explained that at its last meeting the Committee asked for a report from third party arborist concerning the maturity of the trees but the report is not yet ready for the Committee's consideration. Following brief discussion concerning potential dates, the public hearing was continued to Tuesday, September 22, 2015 beginning at 4:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ADJOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 5:38 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, September 22, 2015 beginning at 4:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Approved, Jill Smith Chairperson Heidi Luce City Clerk Minutes Committee on Trees and Views 07-21-15 -1- • THIS PAGE INTENTIONALLY LEFT BLANK MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS SEPTEMBER 22, 2015 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 4:04 p.m. on Tuesday, September 22, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. David De La Tone, Arborist. Howard Weinberg, Attorney (Nuccion). Mr. and Mrs. William Hassoldt. Mr. Randy Stamen, Attorney (Hassoldt). PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES, MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, JULY 7, 2015 (HASSOLDT/NUCCION) Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, July 7, 2015 as presented. Committee Member Gray seconded the motion which carried without objection. MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, JULY 21, 2015 (HASSOLDT/NUCCION) Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, July 21, 2015 as presented. Committee Member Gray seconded the motion which carried without objection. CONTINUED PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and asked for staff's comments. Planning Director Schwartz stated that this is a continued public hearing regarding a View Impairment Complaint filed by Dr. and Mrs. Stephen Nuccion of 18 Portuguese Bend Road against trees located at the property owned by Mr. Minutes Committee on Trees and Views 09-22-15 -1- • and Mrs. William Hassoldt at 15 Portuguese Bend Road. She stated that the Committee has held several public hearings on this case and at its last meeting, the Committee requested that an independent arborist be hired to prepare a report to help determine whether the trees under consideration are mature or maturing, as required by the provisions set forth in Measure B. She stated that after requesting proposals from several arborists, David De La Tone was selected to prepare the report and the Nuccions paid for those services. She briefly reviewed Mr. De La Tone's report stating that the report indicates that nine of the 11 trees in question are mature and not eligible for remediation although he recommends that the trees be trimmed to restore the health of the trees. Planning Director Schwartz further stated that the Committee received correspondence from Mr. Weinberg on behalf of the Nuccions that includes a report by another arborist, Arbor Global prepared by Kevin Eckert and the report was forwarded to the Committee and placed on the dais. She further stated that a correspondence was also received from the Hassoldts regarding a previous correspondence they received from the Nuccions. She then stated that Assistant City Attorney Coates would address both correspondences. Assistant City Attorney Coates began with reviewing the last correspondence received, which was from the Hassoltds and contained a document regarding prior settlement discussions between the parties that was previously received and discussed by the Committee. She stated that this correspondence is not relevant to this case and should not be discussed. Regarding Mr. Weinberg's correspondence, Ms. Coates stated that it was submitted on Monday and forwarded to the Committee for their review. She stated that the letter challenges Mr. De La Tone's credentials and includes another arborist's report disputing Mr. De La Tone's findings. With regard to the issue of Mr. De La Tone's credentials, she stated that Mr. De La Tone is a certified arborist and meets the requirements of an independent contractor for this purpose and limited scope of work. With regard to the arborist's report that was attached to Mr. Weinberg's letter, she stated that it uses tree height as a factor in determining mature. She noted that the report acknowledges that the maximum potential height of a tree can be affected by several factors including: weather, watering and pruning. She stated that the record in this case shows that in the past, the trees at issue had been regularly pruned as referred to in Mr. De La Tone's report; but it is not discussed in the arborist's report attached to Mr. Weinberg's letter. She further stated that Mr. Weinberg's letter also requests that the arborist, Mr. Eckert be allow to speak to the Committee via telephone, but staff recommends against that because the City does not typically allow public comment via telephone. Ms. Coates further reviewed where the Committee is at this point. She stated that the Committee has determined that the Nuccion's had a view; and that the view is impaired by the trees at issue. She stated that the Committee has yet to determine if the trees that impair the view were mature when the Nuccion's acquired the property in 2009. She further stated that the Committee has received a lot of information that can be used to make that decision. Given that the Committee has heard from both parties several times, she recommended that the Committee take public comment to hear from Mr. De La Tone with any additional information in support of his report; and then after any additional public comment, commence deliberations. David De La Tone, Certified Arborist addressed the Committee to further explain his report and to respond to Mr. Eckert's report that was submitted by Mr. Weinberg. He noted that Mr. Eckert did not visit the site and that Mr. Eckert's report uses only tree height as the factor for determining maturity. Mr. De La Torre stated that he walked the property and measured the trees to aid in determining the tree maturity. He stated that a mature tree is a tree that has reached 20-80% of its potential. He commented that trees in question will likely never reach their full mature height because they have been topped previously and as such, height alone should not be used as the only factor in determining the maturity of a tree. He stated that he used formulas that consider the trunk width, diameter at breast height (DBH) and other factors to determine the maturity of the trees in question. Brief discussion ensued concerning the concept of a tree being mature at 20-80% of its life. Committee Member Chelf expressed concern that if that is the case, all the trees in the City could be considered mature if the lower end of the range is used. Committee Member Gray expressed concern that the ages determined by Mr. De La Tone's calculations may be inaccurate given that there were virtually no trees in the City when it was developed in 1936 according to a A.E. Hanson's book Rolling Hills: The Early Years (p. 49). Assistant City Attorney Coates asked that a copy of that page of the book be included in the record. In response, Mr. De La Minutes Committee on Trees and Views 09-22-15 -2- • • Torre stated that the calculations were intended to be a rough estimate so that the trees would not have to be damaged or cut down in order to make the determination. Discussion ensued concerning the age of trees and the possibility that some of the trees could have been brought in as boxed trees. Further discussion ensued concerning the discrepancy between the reports. Chairperson Smith then called for public comment and asked that the comments be limited to three minutes. Howard Weinberg, Attorney addressed the Committee on behalf of' the Nuccions stating that the intention of his letter it to aid the Committee in making its determination regarding the maturity issue. He stated that by ISA definition a maturing tree is a tree that continues to grow skyward and the crown continues to spread until it reaches senescence. Randy Stamen, ISA Certified Arborist and Attorney addressed the Committee on behalf of the Hassoldts stating that a tree will continue to grow throughout its life, but a tree has reached maturity when it stops having explosive growth similar to humans. He further stated the Mr. De La Torre's report is the most neutral opinion that the Committee has received. William Hassoldt, 10 Pine Tree Lane (15 Portuguese Bend Road) addressed the Committee regarding the 1937 photograph stating that he enlarged it and there were many trees in the area at that time. Hearing no further public comment, Chairperson Smith closed the public hearing and the Committee began its deliberation. Discussion ensued concerning the various definitions of mature and the difficulty that Measure B imposes in having to make that determination. Committee Member Chelf commented that he does not believe that the trees are mature; and as stated in Mr. De La Torre's report, he feels it would be healthy for the trees to be trimmed. Committee Member Gray commented that the Committee's task is to make a subjective judgment and in his mind, he does not believe the trees in question. are specimen trees that should be exempted from action. Committee Member Chelf further commented that he feels that the two Olive trees may be in the mature tree category, in that they could have been brought in as boxed trees. Committee Member Gray concurred and further stated that having reviewed all of the reports received, he feels the Committee has enough information to make its determination and because of the conflicting reports, it comes down to a property by property, tree by tree basis. The Committee concurred that the evidence submitted hasn't been overwhelmingly convincing either way. Chairperson Smith suggested that the Committee go back the Resolution it originally considered and add a finding that the Committee did not receive substantial evidence to indicate that the trees are mature. Committee Member Chelf concurred but suggested that the two Olive trees be exempted because they are mature. Committee Member Chelf moved that the Committee directe staff to bring the Resolution back to the Committee with the original findings and actions plus additional findings that the two Olive trees should be exempted because they are mature; and that the rest of the trees are eligible for remediation because there was not enough substantial evidence to indicate that they were mature in 2009. Committee Member Gray seconded the motion. Discussion ensued concerning which two Olive trees are considered mature because the matrix of trees listed a total of four Olive trees. Following discussion, the motion was clarified to include that the Olive trees labeled Tree #4A and Tree #7 are not mature; and the Olive trees labeled Tree #9 and #9A are mature and thus exempted from action. Following the discussion and clarification, the motion carried without objection. ADJOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 5:03 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Wednesday, October 7, 2015 beginning at 5:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk PLO Minutes Committee on Trees and Views 09-22-15 -3- • • Approved, J. . Smith Chairperson Minutes Committee on Trees and Views 09-22-15 -4- MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS OCTOBER 7, 2015 CALL MEETING TO ORDER S A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 5:05 p.m. on Wednesday, October 7, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond Cruz, City Manager. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates, Assistant City Attorney. Howard Weinberg, Attorney (Nuccion). PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, SEPTEMBER 22, 2015 (HASSOLDT/NUCCION) Committee Member Gray moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, September 22, 2015 as presented. Committee Member Chelf seconded the motion which carried without objection. RESOLUTIONS CONSIDERATION OF RESOLUTION NO. 2015-03=CTV - A RESOLUTION OF THE ROLLING HILLS COMMII'T ,E ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT TO 18 PORTUGUESE BEND ROAD CAUSED BY SPECIFIC TREES LOCATED AT 15 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. IN THE FOLLOWING VIEW IMPAIRMENT COMPLAINT: LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Chairperson Smith introduced the item and asked for staff's comments. She briefly reviewed the background on this view impairment complaint and stated that at it's last meeting the Committee asked staff to prepare a Resolution for its consideration that identified two of the trees as mature at the time the Nuccions acquired the property and the rest of the trees identified as not mature. She stated that the complaint was originally filed against 11 trees and the Committee ordered restorative action on the nine trees that were deemed to be still maturing. She further stated that the restorative action includes lacing Minutes Committee on Trees and Views 10-07-15 -1- • • and trimming with none of the trees to be removed. She reviewed the Resolution including the conditions including cost allocation, initial restorative action and subsequent maintenance. She stated that the initial restorative action should be completed by November 30, 2015 and the subsequent maintenance shall be completed by March 9 of the subsequent years. Chairperson Smith called for public comment and asked that the comments be regarding the Resolution. Howard Weinberg, Attorney (Nuccion) addressed the Committee and asked that two textual changes be made to the resolution: (1) in Section 9(B), regarding initial restorative action add language that requires that in any event, restorative action will be completed by no later than April 30th and (2) in Section 9(C), add that all vegetation shall be maintained so as to preserve the view. With regard to Mr. Weinberg's comments, Planning Director Schwartz suggested that if the Committee wishes to make the first recommended change, the date of March 9th be used so that it is consistent with the subsequent maintenance requirements. With regard to his second comment, Assistant City Attorney Coates stated that this matter is already addressed in Section 1 1 . Assistant City Attorney Coates noted one additional change to the Resolution in Section 8C, a copy of which was placed on the dais. She stated that in the section regarding the findings related to maturity, staff added a reference to the historical photographs from ROLLING HILLS The Early Years by A.E. Hanson that were added to the record at the last meeting. Following brief discussion, the Committee concurred to accept the change recommended by staff and the first change recommended by Mr. Weinberg. Committee Member Gray moved that the Committee on Trees and Views adopt Resolution No. 2015- 03-CTV as amended. Committee Member Chelf seconded the motion, which carried by the following roll call vote: AYES: Committee Members Gray, Chelf and Chairperson Smith. NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT Hearing no further business before the Committee, Chairperson Smith adjourned the meeting at 5:15 p.m. The next regular meeting of the Planning Commission is scheduled to be held on Tuesday, October 20, 2015 beginning at 6:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California at which time, the minutes from this meeting will be on the agenda for approval. Approved, Jill /. Smith Chairperson Respectfully submitted, Okichk?uco Heidi Luce City Clerk Minutes Committee on Trees and Views 10-07-15 -2-