1138RESOLUTION NO. 1138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
COMPLYING WITH THE WRIT OF MANDATE ISSED BY THE SUPERIOR
COURT IN THE CASE ENTITLED HALL V. CITY OF ROLLING HILLS, LOS
ANGELES COUNTY SUPERIOR COURT CASE NO. BS 136694 SETTING ASIDE A
PORTION OF CITY COUNCIL RESOLUTION NO. 1118 PERTAINING TO
REMEDIAL ACTION TO PRESERVE VIEWS ON PROPERTY LOCATED AT 48
SADDLEBACK ROAD
The City Council of the City of Rolling Hills does resolve and order as follows:
Section 1. This matter comes before the City Council on remand from the Superior Court after a
trial on a petition for writ of mandate challenging the City's view preservation ordinance and its
application to Howard Hall's property at 48 Saddleback Road on application by Oksana Bihun. On
January 15, 2013, the Superior Court entered judgment in the lawsuit Hall v. City of Rolling Hills, Los
Angeles Superior Court Case No. BS 136694, and ordered that a writ issue commanding the City to set
aside the portion of Resolution No. 1118 imposing the remedy of removal of Mr. Hall's five trees and to
conduct a new evidentiary hearing on the appropriate remedy, if any, for the Bihun property view
impairment.
Section 2. Section 10.G of Resolution No. 1118 sets forth the remedy for the view impairment.
In the court's written decision in the case, the court specifically finds that the City properly determined
that a view existed from the Bihun property and that the view was impaired. Accordingly, the court
upheld those findings and decisions.
Section 3. Section 10.G of Resolution No. 1118 dated March 12, 2012 imposing the remedy of
removal of five trees is hereby set aside and of no force and effect. All other portions of Resolution No.
1118, other than that portion imposing the remedy, are unaffected by this Resolution and remain in full
force and effect.
Section 4. The City Council hereby orders that a public hearing be scheduled for April 8, 2013
to conduct an evidentiary hearing on the appropriate remedy, if any, for the Bihun property view
impairment case.
Section 5. The City Attorney is hereby directed to file a return to the writ of mandate with the
Superior Court reporting the City's compliance with the directives contained in the writ.
PASSED, APPROVED, AND ADOPTED this 25`h day of February, 2013.
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Frank E. Hill
Mayor Pro Tem
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Heidi Luce
Deputy City Clerk
Resolution No. 1138
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1138 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
COMPLYING WITH THE WRIT OF MANDATE ISSED BY THE SUPERIOR
COURT IN THE CASE ENTITLED HALL V. CITY OF ROLLING HILLS, LOS
ANGELES COUNTY SUPERIOR COURT CASE NO. BS 136694 SETTING ASIDE A
PORTION OF CITY COUNCIL RESOLUTION NO. 1118 PERTAINING TO
REMEDIAL ACTION TO PRESERVE VIEWS ON PROPERTY LOCATED AT 48
SADDLEBACK ROAD
was approved and adopted at a regular meeting of the City Council on February 25, 2013, by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill.
NOES: None.
ABSENT: Mayor Black.
ABSTAIN: None.
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Heidi Luce
Deputy City Clerk
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Resolution No. 1138 2