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2015-07-07_Hassoldt Nuccion 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 7,2Q15 CALL MEETING TQ ORDER A meeting of the Committee on Trees and Views was calied to order at 5:34 p.m. an Tuesday, July 7, 2015 in the City Councii Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, Califomia. ROLL CALL Committee Members P7resent: Che1f, Gray and Chairperson Smith. Committee Mernbers Absent: None. Others Present: Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahiedah Coates,Assistant City Attorney. Howa�rd 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/NUCCIO� Committee Member Gray moved that the Committee approve the minutes of the Committee on Trees atid Vi�ws meeting he�d on Tuesday, Apri121, 2015 as presented. Committee Member Chelf seconded the motian which carried witl�aut abjecrion. CONTINUED PUBLIC HEARiNG CONSIDERATION OF VIEW IMPAIR.MENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 15 PORTUGUESE BEND R4AD PROPERTY OWNER MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Cha.irperson Srnith introduced the itEm and asked for sta�fls comments. Planning Director Schwartz stated that this is a continued pub�ic hearing regarding a View Impairment Camplaint filed by Dr. and Mrs. Stephen Nuccion of 1 S Portuguese Bend Road against �rees located at the property owned by Mr. and Mrs. William Hassold# at 15 Portuguese Bend Road. She stated that the Committee has held several public hearings as well as a field trip and at its Apyril meeting, the Committee directed staff to prepare a Resolution taking some correcdve 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 meet�ng. 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 Cammii#ee agreed ta obtain an apinion from ar� independent, third party arborist concerning the maturity issue and directed the Nuccions and Hasso�dts to split the cost equally for such services. It was later determined that the View Ordinance prahibits 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 detertnination 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_ 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 agreernent and payment fram 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 aiso submitted a report from their azborist regarding t�ie ma#urity 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 re�iewed the provisions of the Ordinance under which the Committee may seek expert advice if necessary; the cost which will be bome by the complainant pursuant to an agreement with the City. She further reviewed the options before the Committee. Chairperson Smith called for public camment. Howard Weinberg, Attomey addressed �he Committee on behalf of the Nuccions regarding the tree maturity issue. He sta.ted that he does not feel that the Nuccions have the burden af 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 fixrther stated that the Nuccions retained an arbarist to assess the trees and that arbarist 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 ta 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 apposed 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 presen�ed. William Hassoldt, 15 Portuguese Bend Road adc�essed the Committee stating that it was his understanding that the purpose of the meeting i�oday was to receive the report for the independent arborist regarding the maturity of the trees. He further stated that,he does not be�ieve the Nuccion's had a view in 20Q9 when they purchased tl�e 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 Comsnittee should proceed with obtaining an independen�arborist's report as originally directed. Judith Hassoldt, 15 Portuguese Bend Raad addressed the Committee stating that they hired the arborist ta answer their questions regarding trees o�their property. Hearing no further public comment, Chairperson Srnith asked for comments from the Cammittee. Committee Member Che�f stated that he feels the Cvmmittee ts 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 Coxnmittee should look at the two reports and determine what is appropriate for this case. He stated that he feels there is amp�e evidence and the City shouldn't pay far 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 repart is necessary to determine the maturity issue. She further stated that there are three options before the Cornmittee: 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 o}�tions before the Committee. Co�nmittee Mernber Gray stated that he feels that view restoration measures set forth in the Resoluhon are fair and that the Committee should adopt the Resolurion. Chairpersan 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 ta 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 infarmation that a decision can be made at this time. She suggested that a Committee take a brief recess to review the infarmation submitted. The Committee took a brief recess to review the information submitted. Minutes Cornmittee on Trees and Views 07-07-15 -2- Chairperson Smith cailed the meeting back to order. Committee 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 tha� they do not feel there is 5L1ffCle1lt evidence. Chairperson Smith suggested again that tl�e Committee conrinue 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 Iike 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 reasonabl�and clearly defined. Following further discussion concerning potential dates for the next meeting, the public hearing was continued Tuesday, July 21, 2015 begir�ning at 5:30 p.m. pending receipt of the arborist report. Staff was directed to pravide the applicant with the scope of work; and upon receipt from the app3icant of the payment for the arborist services,proceed with having the work done. ADJOURNMENT Hearing no further business before the Cornrnittee, Chairperson Smith adjourned the meeting at 6:25 p.m. to an adjoumed meeting of the Ralling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, Ju1y 21, 2015 beginning a� 5:3Q p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. Respectfully submitted, �� Heidi Luce ciTy Cierk Approved, � U- J' . Smith airperson Minutes Committee on Trees and Views 07-07-15 _3_