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2015-01-28_Occhipinti.pdf NIINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS JANUARY 28, 2415 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Sxnifh at 1Q:00 a.m. on Wednesday, Januazy 28, 2015 u�. the City Counci� Chambe�r, at City Hall, 2 Porluguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Crray,Mirsch and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz,Planning Director. Shahiedah Coates,Assistan�City Attorney. Heidi Luce, City Clerk. Samantha Lamberg,Attorney. Howard Weinberg,Attorney. Craig Ekberg, 35 Crest Raad East. Debi Fournier, 30 Crest Road Eas�. Michael Sherman, 33 Crest Road Easf. Annie Occhipiniti, 34 Crest Road East. PUBLTC COMIv�NTS ON MINUTES OR ANY YTEMS NOT ON'THE AGENDA None. APPROVAL OF MINUTES MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, WEDNESDAY,NOVEMBER 5, 2Q14 (SHERMAN/OCCHIPINTI). The Cammittee noted a few typographical errors to be corrected. Following brief discussion, Committee Member Gray moved that#he Committee on Trees and Views approve the minutes of the Navember 5, 20I4 meedng of the Committee on Trees and Views as amended. Committee Member Mirsch seconded the motion which carried without objection. MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, NOVEMBER 18,2014 (SHERMAN/FOURNIER). Committee Member Gray moved that the Cammittee on Trees and Views approve the minutes of the November 1$, 2014 meeting of the Committee on Trees and Views. Committee Member Mirsch seconded the motion which carr�ed without objection. PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 33 CREST ROAD EAST PROPERTY OWNER: MR. .AND MRS. SHERMAN C�MPLAINANTS: MR. AND MRS. OCCHIPINTI 34 CREST ROAD EAST Minutes Committee on Trees and Views 01-2$-15 -1- AND CONSIDERATION OF A RE54LUTION OF THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT CAUSED BY SPECIFIC TREES LOCATED AT 33 CREST ROAD EAST AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. Chairperson Smith introduced the item and asked for staf�s comments. Planning Director Schwartz stated that at the las# meeting after a field trip to both properties and deliberation on the matter, the Cammittee directed staff to prepare a Resolution setting forth the restorati�e actions necessary to restore the view corridor from the Occhipinti properry. She stated that the Resolution was prepared as directed at the last meeting and ir�cludes cost sharing of the maintenance costs of tiie common trees between three parties, the Shermans, Occhipintis and Fourniers at 30 Crest Road East who also filed a similar complaint against tke trees located on the Sherman praperry. She further stated that since the Committee's last meeting, the Fournier's filed an appeal of the decision in their case requesting that the City Council reconsider the cost sharing of the maintenance costs and the requirement that the Resolution be recorded against the Faurnier properly. The City Council upheld the Fournier's appeal and adopted a Resolution which assigned all maintenance costs to the Shermans and removed the recordation requirement. She stated that basec� on the City Council's action, an alternate Resolution mirraring the City Council's action in the Fournier case has also been prepared for the Committee's consideration in the Occhipinti case. She stated that since the alternate Resolution was prepared, Mr. Weinberg, the attarney far the Occhipinti has suggested some non-substantive changes. She stated that staff has prepared a revised alternate Resolution and she distributed copies of the re�ised Resolution in redline format. She then reviewed the alternate Resoiution stating that it is the same as was requested except that it eliminates the cost sharing for the inaintenance costs and the recordation requirement. In response to Chairperson Smith, Assistant City A�torney Coates confirmed that she has no objections to the proposed changes. Ms. Coates noted one typo�aphical exror on bath versions of the alternate Resolutian in the third iine of Section 10 to delete the word "and" so it would state "However, trees on the property not included in this Resolution shall be maintained at current con�guration." Chairperson Smith called for public comment. Samantha Lamberg, Attorney addressed the Committee on behalf of the Shermans to express concern regarding the change in Section 9 recommended by Mr. Weinberg. She stat�d that she does not feel it is appropriate that a "series of photographs" be taken. She further stated, with regard ta ongoing maintenance obligation in Section 1Q that she feels that there are certain trees, specifically the Monterey Pines (Tree #112-117 and Tree#121) and the King Palm (Tree #88)that were exempted from the ruling and from any cutting and she asked for clarifying language be added as follows in the second line of Sectior� 10: "However, with the exceprion of Trees 88, 112-117 and 121, new growth shali be removed..." Howard Weinberg, Attorney addressed the Cammittee on behalf of the Occhipintis in response �o Ms. Lamberg's comments. He stated that he does not feel it is possible for a single photagraph to capture the restored view because there are three designated viewing areas. He further stated with regard to Section 10 that he feels the view should be protected from new growth. Craig Ekberg, 35 Crest Road East adciressed the Cammittee requesting, as Ms. Lamberg suggested that the Pine Trees be exempted from any action. He further commented that he was disappointed by the City Council's action to assign the angoing maintenance cost to the Shermans given that it was his understanding that the Com�nittee pravide mare of a view than it would have because of the cost sharing. Samantha Lamberg further commented that including the King Palm in any action would require it to be topped which would kill the tree. She reiterated her request that this tree be exempted fram any action. Debi Fournier, 30 Crest Road East addressed the Committee in support of the Occhipinti's request and suggested that the ongoing maintenance costs be allocated to the Shermans as was ordered by the City Council in her case. Michael Sherman, 33 Crest Road East addressed the Committee to request that tl�e King Palm be exempted from any action gf�en that it is the type of paim that its fronds fall ali regularly and should it grow taller only a thin line would be in the view. Annie Occhipinti, 34 Crest Road East addressed the Committee stating that they would be willing to pay to rexnove and replace the King Palm should it grown into the view. Minutes Committee on Trees and Views 01-28-15 -2- In response to the comment regarding the Committee giving more of a view than it would have, Assistant City Attorney Coates clarified that the Committee's deliberation on the �iews for each case was based on a separate discussion from the discussion regarding cost allocation. In response to Chairperson Smith with regard ta how the Committee should proceed, Ms. Coates stated that the City Council's action oz� the appeal only affects the one specific aspect of the Committee's proposed Resolutian in this case and their decision was specific to that particular case. She further sta.ted that the public hearing is still open and the Committee may reevaluate any aspect of its decision. Cha,irperson Smith asked the other Committee Mernbers for their thoughts on whether or nat the Committee sk�ould look at the trees again and reeva�ua�e its determination. Cammittee Member Gray sta.ted that he feels that the Committee should reevaluate the entire case and explained his reasoning for thinking so. He further suggested that this case be continued until after the Fournier's trees are trimmed to evaluate what view has been created in this case and then determine if any further action is necessary. Committee Member Mirsch stated that she daes feel it is necessary� �reevalua.te the entire case but snggested that the Comrnittee may wish to clarify haw to handle King Palm. Discussion ensued concerning the options before the Committee. Chairperson Smith stated that she does not feel t1�e Committee should delay its action nor daes she feel the Committee needs to reevaluate the entire case but that the Committee may wish to discuss the King Palm. Further discussion ensued concerning whether or not to reevaluate the Committee's ariginal detertnination with Committee Member Gray reiterating his feeling that the Committee should wait until the trees are trimrned in the Fournier case to determine if any further action is necessary to restore the view from the Occhipinti praperty. Chairperson Smith stated that she understands Committee Member Gray's positian, but she feels the Committe� should move forward with tkis case. She further commented that the Committee should revisit the Resolution to re-consider the King Palm. Committee Member Mirsch stated that she too feels that the Committee should re-consider the King Palm #o evaluate its impact on the view shauld it cont�nue to grow. She further reiterated that she does not feel that the Committee needs to reevaluate its original determination. Chairperson Smith suggested that the Committee move forward with adopting the alternate Resolution. Discussion ensued concerning the changes Mr. Weinberg suggested to the alternate Resolution. Regarding the change in Section 9 in reference ta taking a "series of photographs," Chairperson Smith stated that she does not have a problem with more than one photograph, but she feels a"series" is open- ended and makes it mare complicated. In response to Committee Membe�r Mirsch, Assistant City Attorney Coates recommended the foilowing language: "...and take photograph(s) from the designated viewing areas..." In response to Cha.irperson Smith, Ms. Coates stated that she does not have any objectians to Mr. Weinberg's suggesdans but she feels that the staffprepared Resolution is appropriate with the change she mentioned earlier in Sectioz� 10 to delete the word"and." In response to Committee Member Mirsch with regard to Mr. Weinberg's suggested change in Section 7G,Ms. Coatcs commented that the rep�acement language could provide helpful c�arification and she recommended it be inserted. The Committee concurred. With regard to Section 8C, the Committee concuared to leave the "o" lower case. With regard to 8D,the Committee concurred ta accept the change from "decision"to "resolution". In Section 8E, the Committee concurred to accept the change to capitalize "�nitial, Restorative Action". In Section 8G, Ms. Coates suggested that the Committee accept the change to add the language "...existing on the date of this Resolution". The Committee concurred. Mr. Sherman £urther addressed the Committee regarding the King Palm and suggested that the Committee amend the Resolution to reflect the offer made by Ms. Occhipinti to remove and replace the tree, at the Occhipinti's expense, should the King Palm tree obstruct the view in the future. 1VIr. Weinberg agreed on behalf of the�cchipintis. Assistant City Attorney Caates clarified that although the King Palm isn't specifically referenced in the Resolution, there is a provision in Section 11 that allows the parties to agree to alter the Committee's decision upon mutual agreement and that seems the apprapriate way to address the issue raised regarding the King Palm. Mr. Weinberg stated that the Occhipintis will agree to a side letter to do as Mr. Sherman suggested. Committee Member Mirsch moved that the Committee adopt Resolution No. 2Q15-02 CTV with the amendments agreed to above. Chairperson Smith seconded the motion which carried with Committee Member Gray opposed. Minutes Committee an Trees and Views 01-28-15 -3- AD70URNMENT Chairperson Smith adjaurned the meeting at 11:17 a.m. to an adjourned meeting of the Roll�ng Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, February 17, 2a15 beginning a� 5:00 p.m. in the City Council Chamber, at City Hall, 2 Portuguese Bend Raad, Rolling Hills, California to consider a new case before the Committee. Respectfull�subrnitted, ����F � . ,�,,`�� ���� ; �,��: . ���� Heidi Luc� Ci�y Clerk Appraved, � Jill V. Smith Chairperson Minutes Conn.rnittee on Trees and Views 01-28-15 -4-