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03-21-16FT ViewCase_ .�.,,W,_,��__..::�.,......,....�:., NIINUTES OF AliT ADJOURNED REGULAR MEETIl�TG QF THE CITY COUNCIL OF THE CITY OF ROLLING HII.LS, CALIF4RNIA MONDAY,MARCH 21,2016 CALL TO ORDER An adjaurned regular meeting of th� City Council of the City of RolZing Hills was called to order by Mayor Pieper at 6:00 p.m. at 1$ Portuguese Bend Road,Ralling HilIs, Ca�ifornia. ROLL CALL Counci�members Present: Biack, Dieringer, Mirsch, Wilson and Mayor Pieper. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwarkz, Planning Directar. Wendy Starks,Associate Planner. Howard Weinberg,Attorney{Nuccion). Hal Light,Attorney(Hassaldt). William Hassoldt, applicant{15 Portuguese Bend Rd). Roger Hawkins,Resident. Brandan Gill, Arborist. Luke Midura,Arbarist. PUBLIC HEARING C4NT1NiJED PUBLIC HEARING FOR CONSIDERATION QF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLU'T�ON NO. 2015�03-CTV SETTING FORTH FINDINGS RELATING TO TRIMNiING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW�MPAIRMENT FROM 18 PORTUGUESE BEND ROAD. L�CATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS.NUCCION 1 S PORTUGUESE BEND ROAD Tlie City Cauncil and the parties present assembled on the driveway at 18 Port�xguese Bend Road. Mr. Weinberg distributed a larger aerial photo of the tree survey than was previously submitted. Planning Director Schwartz briefly reviewed the backgrotuld of the appeals. All present walked onta the patio above the pool at 18 Portuguese Bend Road, Rolling Hi11s, California to view the trees and the view. Mayor Pieper stated that the purpose of�the site visit is to: 1) See the view and the viewing area. 2) Deterrmine if there is a v;iew. 3) Determine if the viewing area is appropriate. 4) If the viewing area is determined to be appropriate, is it obstructed? It was confirmed that the aerial photographic evidence provided by Dr. and Mrs. Nuccion was frorn July 2010. Mr. Light advised tl�at trees on 15 Portuguese Bend Raad have been trimmed in January 201.6. Planning Director Schwartz, Mr. Hassoldt, and Mayor Pieper identified each of the trees subject to this case, including the ones that are not part of the complaint (#7, Acacia, and #10 af the list provided by the Nuccions). It was stated that trees #S and #13 on the new list are Olive trees that were deemed mature by CTV and were not recommended for restorative action by the CTV. In response to an inquiry, Planning Director Schwartz advised that the purchase date for 18 Portuguese Bend Road is Apri12009. The City Council agreed there is a view from #he patio viewing area and that the viewing area is apprapriate. Mayor Pro Tem Dieringer added that there are �iews of city lights and mountains per sta.tute. Minutes—Adjourned Regular City Conncil Meeting 03-21-16 -1_ A discussion ensued as to whether the trees block the views, if they are mature, and if they are mature, were they mature in 2009, and i£the property owners had a view in 2004. Councilmember Black observed that it is clear the trees have grown since the photographic e�idence and that the view is obsttucted. Councilmember Mirsch canfirmed that the 2 Olive trees are the only ones that were declared mature per the Committee on Trees and Views and that the Pine tree that abuts both property lines is not a part of this complaint. Mayor Pro Tem Dieringer asked that since the regulations have changed, does the complaint need to go back to the CTV, and Councilme�nber Black advised a vote can be taken by the City Council on that matter during the regular xr�eeting of the City Council on March 28, 2016. Councilmembers directed staff to obtain an apinior� from the City Attorney whether the case can be decided by the City Council or does it have to go back to the CTV and whether the new regulations and interpretation of Measure B should be applied ta this case or the old ones. The group proceeded to the pool area, where the Councilmembers stated that same of the pictures were taken from, and determined that the vantage point from this patio is diffexent. The City Council and the parties present then proceeded to the property located at 1 S Portuguese Bend Road to view the subject trees. Mx. Hassoldt and Mayor Pieper identified each of the trees in the complaint. Councilmembers observed that some of the trees were cut previously as the cut lines were visible, that tree #7, the Acacia has been cut, that trees#2 and#3,Palm Trees,have been trimmed recently. Mr. Light advised that in response to Mr. Jenkins, the City Attorney, who advised at a previous meeting that the owner could trim the trees to ensure the trees' health while this case is being considered, the owners trimmed and cleaned same of the trees. Mayar Pro Tem Dieringer inquired if the CTV determined the two trees were mature using the current definition. Mayor Pieper advised that they did not as the City Cauncil established the definition recendy. Mayor Pieper confirmed that all Councilmembers have seen the trees and laiow where each one is. There being no further questions or comments, �he public hearing was continued to Monday, March 28, 2016 beginning at 7:00 p.rn. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, Califarnia. OPEN AGENDA -PUBLIC COMMENT None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 6:�45 p.m., to an adjaurned regular meeting of the City Cauncil to be held on Monday, March 28, 241G beginning at 7:00 p.m. in the Ci�y Council Chamber at City HaIl, 2 Portuguese Bend Raad, Rolling Hi11s, California. Respectfully submitted, � � �9 ' 3 Wendy Starks Associate Planner Approved, .� Jeff,_ ��eper M�yor Minutes—Adjourned Regular City Council Meering 03-21-16 -2-