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none, Convert existing garage into a, CorrespondenceDr. & Mrs. Stephen Greenberg 32 Portuguese Bend Road Rolling Hills, CA 90274 310-541-6271 December 2, 2003 Donald Crocker, President Rolling Hills Community Association 14 Cinchring Rolling Hills, CA 90274 Dear Mr. Crocker, Yam'. l;.Tc ;'r_5 OCT f 6 2014 C City of Roiling H iii's } On October 25, 2003, Dr. and Mrs. Bizoumis of 30 Portuguese Bend Road and Ross Bolton of Bolton Engineering dug up our 12-inch corrugated metal drain pipe, cut it open with an electric saw and poured concrete into the drain. As far as we know the pipe has been there since 1972 in a legal 20-foot easement deeded for that purpose. The Grant Deed was recorded in 1964 at the time the property was sub -divided making 2 lots 104A and 104B, (#32 P.B.R. and #30 P.B.R.). The reason we believe the easement included drainage pipes and land drains as well as the usual utilities is quite apparent, as this is the lowest point of our properties and is the natural water gravity flow. We consider what the Bizoumis' and Ross Bolton did was an act of vandalism. The Bizoumis' recently cut below normal grade to create a parking lot, put in two extensive retaining walls and paved it with asphalt, all without a Permit. The prior elevation of their property was level with the easement between our properties. Now, their land is approximately 3 feet to possibly 4 feet below the natural grade. This work was completed in a hasty fashion, taking only a few days to complete. We believe not enough time was taken to properly compact the soil before paving over it. If nothing improper was going on, why was a member of our City Council denied access when attempting to see the work taking place? Last year we put in a small corral and were in the process of re -landscaping when the Bizoumis' contacted both the City and the County regarding our work. Upon the inspection which resulted from this complaint, neither the City nor the County found any building or drainage violations and told us no permits were required for the work we were doing. Nevertheless, we took great care and incurred considerable expense to address our neighbor's concerns. We landscaped in such a way as to direct the drainage into a natural rock and concrete catch basin even including a cement swale around the corral. We then planted trees, grass, and ground cover on all previously exposed soil. We directed the drainage into the 12-inch M.C.P. as per their request. We completed this work even though the county stated that we were not required to do so. Their representative said, "You are not required to control rain water that sheet flows "naturally" down hill off your property". Page 2 December 2, 2003 During one of the heaviest rains this past winter, a representative from both the City and County and I personally witnessed the rain water traveling down the 20-foot easement which was previously the Jean Hahn Loop, and has subsequently been fenced (over a weekend) by the Bizsoumis'. We did not see any water draining into their parking lot. According to the Grant Deed this easement is the legal and natural route. The Bizoumis' claim that the above referenced drain pipe may have had a leak and could have caused the crack in their driveway. We have never been provided with nor shown any damage or proof of this suggested leak or the crack in their driveway. Furthermore, this is a drainage pipe, not a water line. In the past 10 years that we have resided at this address we have experienced 2 rainy winters and 8 years of drought. If in fact their problem is water related and not due to our adobe soil, it would be wise to look to a more constant source of water such as septic tanks, cesspools, broken sprinklers, etc. A previous owner, Jean Halm had a toilet in her barn, which has since been converted to garages. Perhaps when the Bizoumis' graded and paved, they disturbed the cesspool for that toilet, as it would have been in that area. If in fact, the Bizoumis' felt that the pipe had a leak, then why when they cut the pipe open did they not use a camera to examine it? I was able to view the pipe just prior to the concrete being poured and observed it to be in good condition with no apparent signs of rust or decay. We feel that the Bizoumis' had no legal right to destroy our drain pipe. This act of reckless disregard took a small unproven problem and turned it into a potential disaster, causing major damage to both properties, in the event of rain. Since they moved in, they have illegally graded, paved, built in the set -back, and fenced the Jean Hahn Loop on a Sunday. This trail was used for over 20 years by Rolling Hills residents. In addition they have planted 94 trees in the easement and now they want to erect a cement swale, curb and catch -basin in the easement used by the community for horseback riders, hikers, maintenance vehicles and if needed, fire trucks. They are however, asking the Association's permission to do this work. Why should we allow a perimeter easement to be destroyed when there is already a recorded 20-foot legal Utility Easement adjacent to it, which is deeded for that very purpose, and which would not create a hazard, nor would affect the Community's ongoing right to enjoy safe passage? Without our easements we will all become land locked and look like Rancho Palos Verdes. Lastly, we are concerned that we will not receive fair treatment in the solution of this problem, as Dr. and Mrs. Bizoumis enjoy a close personal relationship with Peggy Minor, the Association Manager. She attends their parties, -baby-sits their daughter and receives gifts from them. While we are sure the Bizoumis' appreciate her loyalty, their mutual friendship should not influence Association business, as I feel it does. Page 3 December 2, 2003 I request that the Board Members schedule a field trip before voting on this proposal by the Bizoumis' in order to fully understand the potential hazard that would be erected in this much trafficked trail. In my opinion, this is the only way for you to appreciate how ludicrous this situation has become. We know this Board has worked hard to protect our easements by enforcing the CC & R's. Clearly our cities' founding fathers understood that we all must give a little land in the form of our easements so that we all would gain a lot, not only from a recreational standpoint, but also the aesthetic value it adds to our lives and property. It is our sincere hope that our distinguished Board of Directors and staff will enforce the rules and regulations fairly and without bias to all the residents of our community. We thank you for your courteous attention to this matter. Sincerely, Dr. Stephen Greenberg Mrs. Christine Greenberg Cc: Ralph Black, Vice President Donne Moen, Secretary Penny Schnabel, Treasurer Bernard Howroyd, Assist. Secy/Treas John Lacy, Financial Advisor • City FRANK E. HILL Mayor THOMAS F. HEINSHEIMER Mayor Pro Tern DR. JAMES BLACK Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember November 10, 2003 411111 ROffing NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrhra aol.com Mrs. Tina Greenberg 32 Portuguese Bend Road Rolling Hills, Ca 90274 Dear Mrs. Greenberg: Thank you for expressing your concerns to City Hall relative to drainage on and around your property and the property of Dr. and Mrs. Bizoumis. On November 3, you informed us that Dr. Bizoumis had a drainage pipe on his property filled with cement over the previous weekend. This drainpipe apparently crosses through his property and empties into Portuguese Bend Road and appears to handle the drainage from your property, most specifically from a pipe on your property that was connected to that drainage pipe when a tennis court was constructed on your property in 1983. After we received permission from representatives of the Bizoumis', we met with his engineer, Mr. Ross Bolton to discuss the scope of work being initiated by the Bizoumis on their property. Los Angeles County Building Officials and the County drainage plan checker were also at the office meeting. Mr. Bolton informed us that the Bizoumis' are proposing to abandon the existing pipe to address maintenance and property damage concerns. The pipe, according to his report and investigation, travels through their property in a location that is not within an easement. Further, they are proposing to construct a new drainpipe, more closely aligned with the existing easement. A horizontal catch basin will be located in the easement between your property and the Bizoumis' property. Mr. Bolton confirmed that the existing pipe has been filled in with cement. Their intent is to construct the new drainpipe very shortly. Mr. Bolton reported that the Community Association has approved this new drainage system to be located in the easement. Association Manager Peggy Minor verbally confirmed this approval to City Manager Craig Nealis. • Mrs. Tina Greenberg November 10, 2003 Page 2 Mr. Bolton further informed us that the design of the new pipe took into consideration the volume and velocity of water draining from your property and portion of 6 Wagon Lane. Mr. Bolton did express that you could connect your pipe to this new pipe at the catch basin in the easement, and that the drain device could be installed to accommodate this connection, but that this represented a private matter that should be resolved between the property owners. However, should you not to connect to the pipe, Mr. Bolton feels that the catch basin will be able to accommodate the flow from your property and portion of 6 Wagon Lane. The Building Officials and the drainage plan checker determined that the project does not require permits or review by the County. Mr. Bolton informed us that the Bizoumis' invited you to connect to this new drainpipe. Such participation represents a private matter, as does your position that you have a legal standing to use the existing pipe. We understand your frustration. However, our research, as in our letter dated February 12, 2003 and March 6, 2003 supports that this drainage issue remains a private matter to be resolved by the property owners and the actions of the Bizoumis' do not violate any building or zoning codes. We urge you to contact Dr. and Mrs. Bizoumis to review their plans and engineering report and resolve the drainage situation to your mutual satisfaction. Regarding the other matters you reported regarding the alleged illegal conversion of the second story of the garage, grading and construction of a gazebo and barbecue at 30 Portuguese Bend Road (Bizoumis), we are investigating these concerns and will report our findings to you as soon as we have completed a thorough investigation. Should you have any questions or require additional information, please do not hesitate to call me at (310) 377-1521. Sincerely Y6lanta Schwartz r.' lanning Director YS:mlk 11/10/03grccnhcrg.doc cc: Craig Nealis, City Manager Peggy Minor, RHCA Manager Roger Vink, RHCA Architectural Foreman Dr. and Mrs. Bizoumis Ed Acosta, Supervising Engineer, Los Angeles County Department of Building and Safety Rafael Bernal, Los Angeles County Department of Building and Safety • Cary ./ Ie0ffi q _WA B. ALLEN LAY Mayor FRANK E. HILL Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember March 6, 2003 Dr. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. Bizoumis: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com As you recall, the City previously visited your property on February 12, 2003 with the County of Los Angeles to review drainage concerns you had expressed involving water from 32 Portuguese Bend Road and/or 6 Wagon Lane. At that time, the County did not express that the drainage device in question was a County structure. Additionally, the Planning Director had previously determined that the landscape modifications and horse turn -out at 32 Portuguese Bend Road did not constitute grading that would require discretionary review and therefore, perhaps, a drainage plan. At the time of our visit, we indicated that we would continue to research the drainage structures further and let you know if we learned otherwise. We have contacted the Los Angeles County Building and Safety Department, the Los Angeles County Flood Control District and the Los Angeles County Road Division. Each of these agencies did not have any records that would indicate the presence of a County drain or drain pipe or other drainage device on or near these three properties in question outside of or within easements. There were records that show a County Road Department storm drain located in the roadway on Portuguese Bend Road but they did not report any private connections to that device. Therefore, as previously suggested, we urge all three property owners to work together and hire an engineer who could advise them on the best long term solution agreeable to all property owners. We stand ready to expedite any permits that may be required. Please be advised that any proposal may require Rolling Hills Community Association approval as well. ®PriniCd or Nn,,yr 100 P.E11,1 Dr. Dimtiri Bizoumis March 6, 2003 Page 2 Should you wish to discuss this further, please do not hesitate to call us at City Hall. You may either speak with me or Planning Director Yolanta Schwartz. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 03/03/03bizoumis.ltr cc: Dr. Rae Walker Mrs. Tina Greenberg Yolanta Schwartz, Planning Director Rafael Bernal, District Engineering Associate • City B. ALLEN LAY Mayor FRANK E. HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember February 12, 2003 Dr. and Mrs. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. and Mrs. Bizoumis: leolliny. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Thank you for expressing your concerns to City Hall relative to drainage on and around your property. Our immediate inspection of the situation did not uncover any building violations or drainage violations occurring on the property above you where water is flowing onto your property. It is our understanding that the above property owners will be taking steps to minimize the drainage onto your property. The County did not seem to express, nor do our records support, that the County of Los Angeles constructed the pipe located underneath your property. However, we will research this further and if we uncover any different records, we will alert you of our findings. We urge all three of the property owners involved to work together to resolve this drainage situation and reach a mutually agreeable solution. We will assist you in reviewing any drainage plans that require any drainage permits and facilitate any permit issuance process that may be required by the County. Should you wish to discuss this any further, please do not hesitate to call. We thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 02/12/03bizou m is.ltr cc: Mr. and Mrs. Stephen Greenberg Dr. Rae Walker Yolanta Schwartz, Planning Director Ed Acosta, Supervising Building and Safety Engineering Specialist Rafael Bernal, District Engineering Associate 02/12/03 WED 14:33 FAX 310 377 7288 CITY OF ROLLING HILLS 11001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR DATE: 2/12/03 III ': 'r : MULTI TN REPORT :;:** 4060 [ 0511 310 541 0373 [ 0911 310 544 7071 [ 1311 310 541 5764 [ 1711 310 377 8416 [ 21]1 562 424 0150 City of Rolling Hills I IIE I NSHE I MER HILL LAY MURDOCK PERNELL INCORPORATED JANUARY 24,1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET TIME SENT: 2:25 p.m. TO: Honorable Mayor & Members of FROM: Craig R. Nealis the City Council City Manager CC: FAX: SUBJECT: REMARKS: OPERATOR: PRIVATE DRAINAGE ISSUES Dr. Dimitri Bizoumis, 30 Portuguese Bend Road, contacted City Hall this morning very upset over a drainage issue occurring between his property, the Greenbergs, 32 Portuguese Bend Road, and the Walkers, 6 Wagon Lane. Previously, Planning Director Yolanta Schwartz and the County had inspected the property when the Bizoumis' complained that the Greenbergs were doing illegal grading. At that time, it was determined that the Greenbergs were creating a horse turnout area and completing landscaping improvements that did not require any grading permits due to the limited level of soil disruption. Historically, there is a large drainage pipe that runs beneath a portion of the Bizoumis' property from the uphill properties. Some of the drainage in the area is feeding into that pipe. There is a fair amount of water, due to the current storm that is flowing from the Walker property and the Greenberg property onto the Bizoumis' property into what appears to be a natural drainage course. Previously, the Bizoumis' had erected a fence in this natural drainage course area and constructed a swale with RHCA approval. This area used to be used by equestrians, and the new fence forced equestrians to return to the existing easement on the east side of Bizoumis' property. This easement is uphill from the natural drainage course. DATE: 2/12/03 • • City of Rolling Hills INCORPORATED JANUARY 24,1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET TIME SENT: 2:25 p.m. TO• Honorable Mayor & Members of FROM• • the City Council CC: FAX: SUBJECT: REMARKS: OPERATOR: PRIVATE DRAINAGE ISSUES Craig R. Nealis City Manager Dr. Dimitri Bizoumis, 30 Portuguese Bend Road, contacted City Hall this morning very upset over a drainage issue occurring between his property, the Greenbergs, 32 Portuguese Bend Road, and the Walkers, 6 Wagon Lane. Previously, Planning Director Yolanta Schwartz and the County had inspected the property when the Bizoumis' complained that the Greenbergs were doing illegal grading. At that time, it was determined that the Greenbergs were creating a horse turnout area and completing landscaping improvements that did not require any grading permits due to the limited level of soil disruption. Historically, there is a large drainage pipe that runs beneath a portion of the Bizoumis' property from the uphill properties. Some of the drainage in the area is feeding into that pipe. There is a fair amount of water, due to the current storm that is flowing from the Walker property and the Greenberg property onto the Bizoumis' property into what appears to be a natural drainage course. Previously, the Bizoumis' had erected a fence in this natural drainage course area and constructed a swale with RHCA approval. This area used to be used by equestrians, and the new fence forced equestrians to return to the existing easement on the east side of Bizoumis' property. This easement is uphill from the natural drainage course. Dr. Bizoumis wanted the City to intervene and require the Walkers and Greenbergs to divert their drainage from their properties uphill to the easement to the east. The water does eventually end up in the easement and exits the Bizoumis' property onto Portuguese Bend Road. From our inspection of the property, this drainage matter appeared to be private. I have urged all property owners to work together with a consulting engineer to determine what type of drainage modifications can be completed on the properties and that we would facilitate any potential County review. We did not observe any illegal grading activity, building activity, or other drainage modifications on the above properties that would have caused us to be directly involved in this siti%'ition. Dr. Bizoumis feels that the Gr�nbergs have severed a private drainage pipe, thereby causing additional drainage onto his property. Additionally, we received a complaint from an RPV resident regarding soil flow from the Shoemaker's property, 18 Eastfield Drive, or other properties. There are no issues that require our intervention in that case as well. We are attempting to get the property owners to speak directly to each other to resolve the concerns. No structures are threatened in these cases and the drainage activity appears to be consistent with the hillside community. This fax is provided for your information. TOTAL PAGES (including cover sheet): 2 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 • Cry 0/l2Pfins B. ALLEN LAY Mayor FRANK E. HILL Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember September 30, 2002 Dr. and Mrs. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. and Mrs. Bizoumis: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Thank you for your correspondence on September 19, 2002 requesting to further discuss the false alarm response charges that were forwarded to you on August 13, 2002. We have included a copy of the August 13, 2002 letter for your information. You have proposed that you should not be responsible for these fees based upon the response time of the Los Angeles County Sheriff's Department. We have reviewed the response times for the 11 false alarms to your properties. Our research indicates that eight of the instances had response times ranging between 4 and 21 minutes. Three of the response times exceeded 21 minutes. Therefore, based upon your request, we are proposing to approve your request for the response times beyond 21 minutes. Please remit $600.00 to the City of Rolling Hills for the other eight false alarms. Should you wish to discuss this further, please do not hesitate to call. Sincerely, raig R. Nealis City Manager CRN:mlk 09/30/02bi zo u m is.ltr cc: Jinnie Williams, Bookkeeper ® Pr 1„',_. i t14.2f %,' 4,1 ('. �:,.y • • C4f oe Ie0ffi9, 8 ALLEN,LAY Mayor FRANK E HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councrlmember JODY MURDOCK Councrlmember ' GODFREY PERNELL. D D S Councrlmember August 13, 2002 Dr. and Mrs. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. and Mrs. Bizoumis: NO 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF 90274 (310) 377-1521 FAX (310( 377.7288 Erna,' c.tyoIrhviaol corn In accordance with Rolling Hills Municipal Code Section 9.36, it has been reported by the Los Angeles County Sheriff's Department that there has been a recent activation of your residential burglar alarm on your property located at 30 Portuguese Bend Road. Prompt response by the Sheriff's Department to your alarm system did not reveal any criminal activity. Rolling Hills Municipal Code Section 9.36, and the resolution adopted by the City Council establishing fees for false alarm responses requires that residents pay a fee for false alarm responses to their property by the Sheriff's Department. These fees are used to recover a portion of the costs for this response by the Sheriff's Department and to encourage people to maintain their alarm systems in a manner that does not result in repeated false alarm responses. False alarms divert Sheriff's patrol cars from completing other necessary duties. During daytime hours, false alarms require the response of 2 single person patrol cars. We have enclosed the latest report on the false alarm at your property as well as copies of unpaid false alarm charges that have previously been forwarded to you. You will note that there have been 11 (6 at 26 Chuckwagon-$500 and 5 at 30 Portuguese Bend- 5450) false alarms at your residences between December, 1998 and Tune, 2002. To date, the total charges for these alarms including all outstanding charges is now 5950.00. We have not received c'any previous payments in response to the enclosed letters. It is respectfully requested that you submit a check to the City of Rt111ing H(Ils for the current and outstanding alarm charges totaling St)50.00 within the nest 30 days. Your prompt attention to thi' matter will he appreciated tihould you wkh to discuss thk further. pleake feel free to call City tilalaal;t•r Craw; Nealt- or me at lit)) 177 l 1 • Dr. and Mrs. Dimitri Bizoumis August 13, 2002 Page 2 Thank you for your cooperation. Sincerely, jinnie Williams Bookkeeper fV mlk rr• cc: City Attorney Captain Jay Zuanich, LASD, Lomita Station Craig Nealis, City Manager • City 0/ leolliny September 7, 2001 Dr. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. Bizoumis INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Regarding the proposed conversion of the stable into a detached garage an inspection revealed that the current structure has not been converted to a usable garage. There are two sliding doors on opposite sides of the structure that may accommodate ingress and egress of off -road vehicles or farm equipment, but not a passenger vehicle. Record research revealed that the City started to require Conditional Use Permit for a detached garages or mixed use structures in 1990. The Rolling Hills Community Association staff assured us that the stable, built in 1970, was never used for that purpose, but was used for storage of golf carts, farm equipment and other items. In order to accommodate the proposed conversion, the secondary structure, (existing stable), must be structurally attached to the residence via a solid roof like structure that matches the existing roof. A half wall, four or five feet high, along at least one side of the connecting breezeway may also be constructed. Such breezeway must be located outside the required setbacks. As per our conversation, other structures including stairs may not be constructed in the rear yard area. Also, grading for the new driveway may not exceed three feet of cut, and the existing motor court should be removed and the area landscaped. Please submit a plot plan showing the proposed construction and delineate the location of the proposed driveway, extent of grading and scraping and the area of the motor court to be removed. Please be advised that building permits may be required for the already completed conversion inside the residence. Please call us at your earliest convenience to schedule an Printed on Recycled Paper • • inspection by the City's Building Official to determine what, if any, building permits are required for the interior remodeling. We appreciate your cooperation in this matter. Should you have any questions, please don't hesitate to call me or Craig Nealis, City Manager. Si cerely, olanta Schwartz Principal Planner Cc: Roger North, Architect