0975RESOLUTION NO. 975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS DECLARING A VIEW IMPAIRMENT CAUSED BY SPECIFIC
TREES LOCATED AT 61 EASTFIELD DRIVE ON PROPERTY OWNED
BY MR. JOE JUGE, JR. AND SETTING FORTH RESTORATIVE ACTION
TO ABATE THE IMPAIRMENT.
The City Council of the City of Rolling Hills does hereby find, resolve and order as
follows:
Section 1. A view impairment complaint was field by Dr. and Mrs. Randolph Tyndall,
65 Eastfield Drive, on August 7, 2003, claiming that a view impairment was caused by trees
located on property owned by Mr. Joe Juge, Jr., at 61 Eastfield Drive. Pursuant to Rolling Hills
Municipal Code Section 17.26.040 (B), the complaint was referred to a mediator to conduct
mediation services. Mediation was unsuccessful and, accordingly, "a public hearing was
scheduled before the Committee on Trees and Views pursuant to Rolling Hills Municipal Code
Section 17.26.040 (C).
Section 2. A properly noticed public hearing was conducted by the Committee on Trees
and Views at Rolling Hills City Hall, 2 Portuguese Bend Road, on July 20, 2004, followed by a
field trip to both properties, at which the Committee examined the view from 65 Eastfield and
the trees on the property at 61 Eastfield. The public hearing resumed on August 17, 2004.
Written and oral testimony was submitted by both parties and considered by the Committee in
connection with its consideration of the matter at the public hearings. The Committee
rendered a decision by way of adoption of its Resolution No. 2004-1-CTV on October 19, 2004.
Section 3. Dr. and Mrs. Tyndall filed an appeal of the Committee's decision pursuant to
Rolling Hills Municipal Code Section 17.26.050 (F).
Section 4. The City Council, conducted a public hearing to consider the Tyndall appeal
on November 22, 2004, January 24, 2005 and March 14, 2005; the City Council conducted a
field trip to both properties during an adjourned meeting on February 14, 2005. The City
Council considered both written and oral testimony presented during the public hearing.
Section 5. Based on the evidence received during the public hearings, including its field
inspection of the properties, the City Council makes the following findings in relation to the
view impairment complaint:
A. A view exists of the Pacific Ocean from 65 Eastfield Drive as "view"
is defined in Municipal Code Section 17.12.220 ("View").
B. As provided in Rolling Hills Municipal Code Section 17.26.050 D
(3), the view from the area immediately adjacent to the northerly most glass door facing
directly toward the pool of 65 Eastfield Drive is significantly impaired (as that phrase is
defined in Section 17.12.220 "View Impairment" of the Rolling Hills Municipal Code) by four
trees on the property at 61 Eastfield.
Section 6. The City Council determines that the following restorative action is
necessary to abate the impairment and restore the view from 65 Eastfield Drive, and the City
Council hereby accordingly orders Mr. Juge, in accordance with the procedure described in
Sections 7 and 8 below, to reduce Trees Numbers One, Two, Three and Four (as delineated in
the photograph attached as Exhibit A to this Resolution, numbered from west to east, except
for the westerly most tree depicted in Exhibit A that fell during storms while this case was
being considered) in height to a level such that they are not visible above the existing
landscaping at the far end of the pool on the Tyndall property from the perspective of the
northerly -most glass patio doors.
Section 7. Pursuant to Rolling Hills Municipal Code Section 17.26.060, within thirty
(30) days of adoption of this Resolution, Dr. and Mrs. Tyndall are hereby authorized to obtain
and present to Mr. Joe Juge, Jr., three (3) bids from licensed qualified contractors for the
performance of work, as well as a cash deposit in the amount of the lowest bid. In order to
qualify, the contractors must provide insurance acceptable to the City that protects and
indemnifies the City and the complainant from damages attributable to negligence or
wrongful performance of the work. Mr. Juge may select any licensed and qualified contractor
to perform the restorative action (as long as the above insurance requirement is satisfied), but
shall be responsible for any cost above the amount of the cash deposit. The work shall be
completed no more than thirty (30) days from receipt of the cash deposit.
Resolution No. 975 -1-
Section 8. Upon conclusion of the restorative action, the parties shall contact City
staff, who will take a photograph from the perspective described in this Resolution (northerly
most glass door facing directly toward the pool) to be attached to this Resolution as Exhibit B,
for the purposes of establishing the level of restorative action for the future maintenance
requirement responsibility of the owner of 61 Eastfield.
Section 9. Subsequent maintenance of Trees Numbers 1, 2, 3 and 4 shall be
performed as prescribed in this Section 9 at the sole cost and expense of Mr. Joe Juge Jr., or any
subsequent owner of the property at 61 Eastfield Drive. The vegetation shall be maintained so
as to not allow for future view impairments. Following the initial restorative action, in
October, November or December of each year beginning in 2005, and in each year thereafter,
the owner of 61 Eastfield Drive shall cause to be performed annual trimming to restore the
view to that described in the photograph taken by City staff as described in Section 8. Any
future planting on 61 Eastfield Drive shall be maintained in accordance with this decision and
shall not obstruct the view from 65 Eastfield Drive.
Section 10. This Resolution shall serve as a notice of this decision and shall be
recorded against the title of both properties and shall run with the land, thereby giving notice
of this obligation and decision to all future owners.
Section 11. Nothing in this Resolution shall preclude both parties, if they so desire to
reach a mutually agreeable settlement relating to present or future costs or responsibility of the
subject tree maintenance.
PASSED, APPROVED AND
this 23`d day of May, 2005.
ATTEST:
Crag R. Nealis
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
ADOPTED by the City Council -of -the City of Rolling Hills
o eerie -ay
SS
The foregoing Resolution No. 975 entitled:
RESOLUTON NO. 975: A RESOLUTION OF THE ROLLING HILLS CITY
COUNCIL DECLARING A VIEW IMPAIRMENT CAUSED BY SPECIFIC
TREES LOCATED AT 61 EASTFIELD DRIVE ON PROPERTY OWNED,
BY MR. JOE JUGE, JR. AND SETTING FORTH RESTORATIVE ACTION
TO ABATE THE IMPAIRMENT.
was approved and adopted at a meeting of the City Council on May 23, 2005, by the following
roll call vote:
AYES: Councilmembers Black, Hill, Heinsheimer and Mayor Pernell.
NOES: None.
ABSENT: Mayor Pro Tem Lay.
ABSTAIN: None.
Crai ?ealis
City Clerk
This decision is final 20 days from its adoption.
Resolution No. 975 -2-
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EXHIBIT "B"
RESOLUTION NO. 975
TYNDALL/JUGE
PHOTOGRAPH TAKEN JULY 25, 2005