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2nd Nuisance Abatement - 2 Poppy Trail• City 0//eAny .14111, INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 - 2007 DR. JAMES BLACK Mayor FRANK E. HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember April 3, 2007 VIA CERTIFIED AND REGULAR MAIL. Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 A the regular City Council meeting held on October 23,2006 the City Council declared a public nuisance on the property a 1 Poppy Trail and required specific corrective actions to be completed by the property owner of 1 Poppy Trail. These actions are described in the attached correspondence. Required actions were not taken by you as the property owner, therefore, after appropriate notification to you and your verbal consent to the City Attorney to be on your property, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 18.24.060 requires the City to notify the property owner that this nuisance has been abated by the City and provide the cost of the abatement. The cost bill, which includes one Change Order, for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 23, 2007, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. You are invited to attend this meeting and offer any comments or objections you may have to the bill. The Council may approve the enclosed cost bill, or make any modifications to it as may be appropriate. Pursuant to Rolling Hills Municipal Code Section 8.24.070, you are required to pay the cost bill approved by the City Council, if any, in full within ten (10) days of Council approval. ® Printed on Recycled Paper o Page 2 Thank you for your cooperation Sincerely, ton D erbruc City Manager AD:mlk 04-03-07sl seen -1 t r. d oc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP • .C2ify o�' {2a t/•ng J\//J%f October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Email: cityolrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 At the regular City Council meeting held Monday, October 23, 2006, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 1014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. This Resolution was adopted following a noticed public hearing to consider the declaration of a nuisance and ordering abatement of the nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. This Resolution requires specific action to be taken by you as the owner of 1 Poppy Trail. As stated in Section 6, you are required to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten (10) days of adoption of this Resolution, no later than November 1, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than November 10, 2006. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the Resolution, and again listed below, Nvithin 30 days thereafter, no later than 4:00 p.m., December 10, 2006. The corrective mitigation measures include: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. 1014 by November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. • • Page 2 In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. Sincerely, .---) %, // -/(;ice Anton Dahferbruc Interim City Manager /. AD:mlk 1 o-24-o6sheen-!rr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. • RESOLUTION NO. 1014 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11, 2006 the City posted the notice at Hie site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October 23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Po py is locate n an active landslide in the City of Rolling Hills. The property is improved vithla single famiily residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist' engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. c. The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area. The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will representa continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and Ivill further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- Section 6. Ij -\:dance with the forgoing, and bec •he duty of property owners to maint, die properties free of nuisances, the City C . cil orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 3.21.060 of the Municipal Code. Section 7. In the r.uisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23`' DAY OF OCTOBER, 2006 ATTEST: Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS B. Allen Lay Mayor The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: AYES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pennell and Mayor B. Allen Lay NOES: None. ABSENT: Mayor Pro 'hem James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 _2_ 32. i�v !_1 October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA'90274 EXHIBIT A• tNo. 2 PORIUOUESC 6nw ROAD ROLLING HILLS. C:LIr a627; 13101377.1521 FAX: 1310) 377.72°8 E•nr„ I. ulyo:lme.00Rom Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that on September 2 2005, , You tjon on S pteng 6, the Rolling Hills City Council adopted ordering the abatement thereoheSubsequently, property t 1 Poppy Trail to constitute a nuisance and the City obtained an abatement warrant from the Superior Court and utilizing pon your failure to abate the nuisance, performed corrective winterization work on the proper Council approved the costs incurred. in performing the abatement to e� n1 10, 2006, itseforces recorded.ag P the City �ainst your property in that amount. batement work and a lien was Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the.a winter/rainy season, the City's geologists are recommending that th h of the improvements installed by the City 2006-2007 effective inminimizingis stals intrusion of be re tored and upgraded o that the they remainat proposal fromErosion Conti of Specialists ndidso thata they enclosea.c atcr into the landslide. Is in a copy of a he recommended tvintcrization worknecessary September 19 2006 s recommended protect age y to be implemented on setting forthp t to against aggravation of the existing landslide as the a your to season. approach the rainy Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner Possessor of Property") place or area withinhe boundariesl olwho f the City shall, wns or ls atln hisorshero own any expense, property, maintain the property, place dr'area free from any nuisance." Rolling n pa CodcScc on S.2S.C'_C defines.any condition property n expense, Code e Section on 8.01 active landslide to on p perty that Hillsg Municipal enlarge n arge or Chapter accelerate an4. We have enclosed to be a publicc , has or will abatement e, pyo nuisancehCh ptesubrs oande 2Sf your review. of both Chapters 8.24 and S.2S for Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: • 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting 450 fiber blankets, anchored with 12" steel by andTensas erg 3. Install above -ground drainage Iccl pins washers. devices. Resolution No. 1014 -3- • • Page 2 You may perform the above work with the contractor of your choice, ind must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement ]work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is S6S, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the find costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. \Ve have forwarded this correspondence to all of the known addresses xve have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, h11e Jen.• ns s Acting City Manage MJ:mlk 10-11.06sheen •I tr.doc cc: City Council Rolling 1-lills Community Association Mike Reader, Group Delta Consultants Roy !tali, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Resolution No. 1014 -4- Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this Work will be performed at my expense. Resolution No. 1014 -5- • Erosion Control Sp ci�li is September 19, 2006 Attu: Mike Jcckins City of Rolling Hills -2 Portuc„esc Bend Rd. [:ollino Hills. Ca 90274 .11:1—:!:•L . _.'t! ltd FzcE Cn Licorice iiS515n Dear Mike, We propose to furnish labor end rr at.:nals for the Poppy Trail protect in miiin2 hills, Ca These scr.iccs v -ill be completed in accordance ^,itb indus- y sternlords and will comply v.ith all laws. Prcvail.ing wages arc in affect co this project and be used according to the current hourly prevailing nspe rate. 1. Site mobilization 2. Debris Removal. This to include removal of:Jl plastic and sand -bass on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of T V resistant plastic sheeting to cover the entire slide arca and be covered with Tensar TR.N1450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washer. Installation will be preformed based on supplier recommended installation methods. 4. Jnstllation of above ground drainage devices as specified by the erosion control plan. Our p f p w__k i_ f�.3 77, price i'r performing the .•�•, r, �, : .�.r r r.iw. As SUGtI as we have your approval we cart commence work. This work is an attempt to prevent Sat Jtcr slope nro anent but, Erosion Control Specialists will not be bald liable for any fu-nher ino1'emcnt of the slope and any corresponding damage or injury relatiac to such. It is hi f}sly recommended that (he plastic sheeting and corresponding d donee system be rnintainrd throughout the rainy s_as r. The measures t.Tc t•:mpomry and must be maintained to keep there proper integrity. Maintenance services are not included in this Eros: n Control Sperlvlirs. riii76) Virnpnint Ln. Ste 0 074 riun;inoton nench. (n (S00)376-1075 009) % 5•`-'F?7 LCSPF.cT:tL1sT.S.co?r Resolution No. 1014 -6- :::3 • _-._--_._�' ;ta�a5 Erosion Control Specialists C:r License P. 51583 propo: J but e..n be provided throwthaut the ;;ling• uix a recpest and b;e3LJ on ov3i.thhilirr, Sincerely, .IasorJ.i-{c1;1in Erosion Control Speciaihs 909-753-9637 SO0-376-1015 JOsoow.ccspcci =Lists.corn Err,inn Cnn:rrl Sprrinl'ci 16761 \`cn.puinf Sfc 0 f17.1 liiinl'n^Ir,n Bch Ca (Eno) 37(-101: (91t?) 75.3-41U7r ECLtL1.S'IS.CO. Resolution No. 1014 -7- • • Ctty("Rorr,.9�aeid INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 — 2007 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Erosion Control Specialists / Contech Construction Products Inc. Landslide Winterization Services: Debris Removal. Installation of 10 mil. black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensar woven blankets - Installation to be performed with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoice) TOTAL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Net 10 Days $ 74,403.70 $ 147,928.77 $ 222,332.47 0 Printed on Recycled Paper Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 leolfin. y `JVLLt� INCGi�POR�TEv JANUARY Y 2;, 1957 INVOICE NUISANCE ABATEMENT COST April 11, 2006 Erosion Control Specialists: Demolition and removal of guest house Cutting back headscarp to a 1:1 slope Exportation of soil according to plan (approx. 1,728 cu. yards) Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS catch basin Compacting and grading work for adequate drainage Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 Nuisance Abatement - Professional Services for the period January I, 2006 through February 24, 2006 Peninsula Septic Svc. Pump Septic Tank - Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement Jenkins & Hogin Legal Services Administration Costs City Manager TOTAL $ 38,500.00 23,400.00 25,920.00 5,345.00 S00.00 19, 736.00 1,200.00 1,850.00 600.00 S 13,030.55 3,454.60 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E-mail, cilyolrh@aol,corn Net 10 Days 117,351.00 16,485.15 .. 710.00 59.92 134,606.07 11,366.50 1,956.20 S 147,928.7.7 I-I.V..JJ.VIl VVI I I S♦VL_ JI LlJ • rHVC t1Z/ GL Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 II ITEM._.. 190016 DESCRIPTION I debris removal. this to include all exsisting I plastic, sandbags, vegetation, and any other I items needed. This to include only the I removal and loading into the city owned truck. Disposal to be preformed by the rolling hills 'association. 90017 j installation of 10 mil. black plastic sheeting to I cover slide mass. 1 90025 j tensar woven blankets. 1 90029 j tensar reccomended steel stakes to be I I installed to anchor plastic sheeting and I woven blankets. I1 90038 I installation of tensar woven blankets. i I installation to be preformed with steel stakes. I Ito be installed using a trech for anchoring I I purposes. I 190005 I installation of above ground drainage devices I II � I as specified in EC plan. I I Invoice is for a 50% (fifty) percent progress I I payment on above mentioned work. I Please remit to above address. Invoice DATE INVOICE # 1 16/2007 170 SHIP TO: DUE DATE r.o. NUMBER. 1. 1/23/2007 ..... -. QTY I RATE.. 1 1 1 1 Total 1 AMOUNT 0.00 0.00 0.00 0.00 0.00 0.00 34,385.50 34,385.50 Mar 05 07 04:41p Jason Locklin • 714-849-6063 p.2 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE 1/16/2007 INVOICE # 174 r BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 i DUE DATE 3/5/2007 P.O. NUMBER ITEM 90016 90017 90025 90029 90038 90005 DESCRIPTION QTY RATE I AMOUNT debris removal. this to include all exsisting plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. Disposal to be preformed by the rolling hills association. • installation of 10 mil. black plastic sheeting to cover slide mass. tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. installation of tensar woven blankets. installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. 1 I 0.00 1 1 Page 1 0.00 0.00 0.00 0.00 0.00 'yid; VD V/ v'+.•+ r p Jason LUGKIIri (14-ti4-bUb:i • • p.:3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE INVOICE # L 1/16/2007 rF 1. 174 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION SHIP TO DUE DATE P.O. NUMBER 3/5/2007 invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) L QTY RATE r AMOUNT 34,385.50 Please remit to above address. Page 2 Total 34,385.501i ,, LS -0 VI v I,JJ'J JCIJuII LULhliFI • (14-649-6U63 . p3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO Invoice DATE . INVOICE # 3/23/2007 10032 SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION 600012 90029 600012 90017 additional labor required to install T -Stakes. 36" steel stakes with with a 4" t -post delivered. additional labor required for debris removal. Credit for retumed 18" steel pins minus a 25% re -stocking fee. QTY DUE.DATE 4122/2007 P.O. NUMBER RATE AMOUNT Thank you for your business! 1 1 3,360.00 • 3,360.00 1 1,120.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 EilligeMIIPlikr141111.111 • • i i i i i i 7005 1820 0008 3440 6082 fv ca D D m D CITY OF ROLLING HILLS D 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 co Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 N gl3lo7 U.S. Postal Service,. CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Sent T Street, or PO City, S 411 Posirna Here Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 PS Form 3800. June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. t Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 2. Article Nu (Transfer f A. Signature X ❑ Agent ❑ Addressee D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type %Certified Mail 0 Express Mail ❑ Registered Ri Retum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1820 0008 3442 6082 le144 1.1I31°1 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 • • City of, Rolling .;ee • 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 Agenda Item No: 6-B Mtg. Date: 10-23-06 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, INTERIM CITY MANAGER SUBJECT: PUBLIC HEARING TO CONSIDER NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN DATE: OCTOBER 23, 2006 BACKGROUND On September 26, 2005, the City Council adopted Resolution No. 996, declaring certain conditions on the property at 1 Poppy Trail Road to constitute a public nuisance and ordering the abatement thereof. Thereafter, upon the failure of the property owner to abate the nuisance, the City obtained an abatement warrant from the Los Angeles County Superior Court, and in reliance thereon, engaged the firm of Erosion Control Specialists to perform certain landslide mitigation and winterization measures as recommended by the City's consulting geologist, Group Delta Consultants. Thereafter, the City Council approved the abatement costs incurred by the City, and recorded a lien against the title to the property in order to recover those costs from the property owner. In the time since that work was performed, the plastic sheeting and sandbags on the —property have suffered a normal amount of deterioration. In order to assure that the protective measures remain effective in inhibiting infiltration of storm water into the active landslide plane, Group Delta recommends that certain work now be performed in anticipation of the 2006-2007 winter rainy season. The City has received a proposal dated September 19, 2006 for the performance of that work from Erosion Control Specialists, the company that performed the original winterization work on the,,,: property. The work is anticipated to cost $68,771.00. On October 11, 2006, a letter was sent to the property owner directing him to perform the winterization work described in the Erosion Control Specialist proposal. The letter informed the property owner that if the work was not commenced (and moving forward with due diligence) or completed by October 23, 2006, that the City Council would conduct a hearing to consider declaring the property to constitute a continuing public nuisance, and to order that the work be performed. Rolling Hills Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or -1- Printed on Recycled Paper. • area free from any nuisance. Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. Mitigation measures to be completed by Mr. Sheen by October 23, 2006 included the following: 1. Remove plastic and sandbag debris 2. Install UV resistant plastic sheeting covered with Tensar TRM 450 fiber blankets anchored by 12" steel pins and washers 3. Install above -ground drainage devices. These safety measures are further described in correspondence (attached) dated October 11, 2006 from Mr. Mike Reader of Group Delta Consultants. Rolling Hills Municipal Code Section 8.24.050 states that "If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof." The purpose of this public hearing is to determine whether Mr. Sheen has taken appropriate action to abate the nuisance as described in the attached correspondence. City staff will describe if any implementation of the mitigation measures appear to have been taken at 1 Poppy Trail. Mr. Mike Reader of Group Delta will provide testimony relative to the landslide condition and recommended abatement measures including the need for water infiltration prevention. Testimony may also be provided by the property owner, his representative or other interested parties. Should the City Council find that the condition of the property continues to constitute a public nuisance within the meaning of the Municipal Code and order the abatement thereof, and should the property owner fail to perform the mitigation measures, the City will either with the property owner's consent or under the authority of a new abatement warrant, utilize the services of Erosion Control Specialists to perform the work at the property owner's expense. RECOMMENDATION It is recommended that members of the City Council open the public hearing, consider all testimony and consider adoption of the attached resolution. AD:mlk 10-23-061 poppytrait-sfa.doc -2- L i GROUT' DELTA Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, California 90274 Attn: Anton Dahlerbruch, Acting City Manager Subject: Nuisance Abatement at 1 Poppy Trail Road Winterizing Poppy Trail Land Slide Rolling Hills, California Mr. Dahlerbruch: Project No. L-599 B October 11, 2006 After reviewing your recent nuisance abatement fax for Poppy Trail #1, GROUP DELTA CONSULTANTS, INC. (GDC) has determined that it is still necessary for the landslide winterization to be maintained since the Poppy Trail Landslide is not repaired or stabilized. If surface waters percolate into the subsurface due to lack of appropriate landslide winterization, renewed movement could develop. During a site visit in September, GDC noticed that the plastic sheeting covering the landslide was starting to breakdown, turn brittle, and crack from heat and ultraviolet radiation exposure. As past reported, the inclinometer data illustrating movement of the landslide down slope slowed down to stopped after winterizing the landslide. It is recommended that the landslide needs to be winterized by removing all the existing plastic sheeting and sandbags. After the existing sheeting and sandbags are removed, new plastic sheeting can be applied to the landslide surface. A Tensar TRM 450 fiber blanket can be applied over the new plastic sheeting per manufacture or representative details or recommendations. If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, C.E.G. N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-5996 Memo 10-11-06.doc .L„i+1 w, �i�i' til!'CcL �•ull� i+,5 4 ! �• l r li''i'fLt �C• i�\ 'il ( 1-1-••`•.) i, i l'l : ,i)f!l i'`f)_. ; r) 1 Aliso Vic• `•y i'.'4) 6;;q_1f.Cr) E>www.GroupDe!fa.coula C•,!1 !)I. c+ (85X) `2.4-1i!;{! • City 0 / //n __ if/3 ..:�::-..-C:,., 2,, :,7f.; October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cilyo(rh4aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that on September 26, 2005, the Rolling Hills City Council adopted Resolution No. 996 declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recorded.against your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Page 2 You may perform the above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council 'at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perfoiiit the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of perfoiining the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Jenkins Acing City Manage MJ:mlk 10-11-06sheen-] tr.d oc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. • . 10/11,1'700B 09: 39 33 01;47.S:',.:11 J I R;1:1 ON C• ;0;;111 ,GE 03/ r. F-I4GE 02/03 Erosion Control Specialists September 19, 2006 Attn: Mike Jenkins City of Rolling Hills y2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Ca License #551533 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in ,rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages arc in affect on this project and be used according to the currant hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic arid sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of LTV resistant plastic sheeting to cover the entire slide area and be covered with. Tensar Tom'% 450 fiber blankets to reduce uv penetration and reduce glare from. the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. 4. Installation of above ground drainage devices as specified by the erosion control plan. Our price for performing the work is 563,771.00. As soon as we have your approval we can conanlence work. This work is an attempt to prevent further. slope mov ent but, Erosion Control Specialists will not be held liable for any further mo\rement of the slope and any corresponding damage or injury relating to such. It is highly recommended that the plastic shceting and corresponding drainage system be maintained throughout the rainy season. The :measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this Erosion Cnntroi speeialirk 16761 Viewpoint Ln. Ste k 074 Huntington .Bench, Cn (S00) 376-1015 (909) 7S3-9637 ECSPEC!J LISTS.COM 1rIlifJ=, 2E7;5 117::2'5 :i',I1 != Hi:_!:7I; l_l_P I crR •UL _ .G: Erosion. Control Specialists Ca License 451583 proposal tut can be provided throu) out the rainy season -awn request and based on availability. Sincerely. Jasor}.1 Alin Erosion Control Specialists 909-753-9637 800-376-1015 Jason@ecspccialists.cem Erosion Cgntrnl Spccialisfs 16761 rcr•point La Ste (7a Runting4x n i=cach, Ca (E00) 376-1015 (.9119) 7539.637 ECSPECEAIJSTS.COM ROLLING HILLS ,., cJNI•AL CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 Nuisance defined. 8.24.020 Duty of owner or possessor of property. 8.24.030 Notice to abate nuisance. 8.24.040 Notice to abate nuisance --Contents. 8.24.050 Hearing and decision. 8.24.060 Abatement by city --Notice of charge. 8.24.070 Lien. 8.24.080 Charges to be billed on tax bill. 8.24.090 Court action. 8.24.100 Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any street, and affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 § l(part), 1981). 8.24.020 Duty of owner or possessor of property. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. (Ord. 190 § l(part), 1981). 8.24.030 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. (Ord. 190 § l(part), 1981). 8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the nuisance is not abated or good -faith efforts towards abatement not been made to the satisfaction of the City Manager within fifteen days from the date thereof, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the ROLLING HILL.UJVIC. AL CODE • time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 § l(part), 1981). 8.24.050 Hearin° and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 § I(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 § I(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 § 1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 § 1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions ROLLING HILLS . _ ()NEPAL CODE of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 § l (part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 § I (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 § l(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 § 1(part), 1981). • RESOLUTION NO. 1014 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11, 2006 the City posted the notice at the site. Section 2. No action to abate the nuisance has been taken by the property owner. Consequently, on October 23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. c. The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area. The Resolution No. 1014 -1- City's geologist reports that Lne protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Section 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perfoiui the corrective measures at the property owner's expense as authorized in Section 8.24.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER, 2006 B. Allen Lay Mayor ATTEST: Michael Jenkins Acting City Clerk Resolution No. 1014 -2- I • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Michael Jenkins Acting City Clerk Resolution No. 1014 •City ofieoffing • INCORPORATED JANUARY 24, 1957 October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that on September 26, 2005, the Rolling Hills City Council adopted Resolution No. 996 declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recordedagainst your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or . Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Pri ited on Recycled f'ap<er. 40 • Page 2 You may perform the above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, ns� Acting City Manager MJ:mlk 10-11-06sheen-Itr.doc CC: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/ Grading Engineer f R. Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. 10/11/2006 09:39 1CJJO IL'iJ lb:Yn 3106438441 / 4ybus3 JENKINS & HOGIN LLP EROSION Coi SPEC PAGE 03/04 PAGE 02/03. ECS Erosion Control Specialists September 19, 2006 Alto: Mike Jenkins City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Ca Lkeuse 4851583 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in ,rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages are in affect on this project and be nsPd according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of 'UV resistant plastic sheeting to cover the entire slide area and be covered with Tensar TRM.. 450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Ten-sar material will be anchored with 12" steel pins and washers. Installation will be preformed. based on supplier recommended installation methods. 4. Installation of above ground drainage devices as specified by the erosion control plan. Our price for performing the work is $68,771.00. As soon as we have your approval we can commence work. This work is an attempt to prevent further slope movement but, Erosion Control Specialists will not be held liable for any further movement of the slope and any corresponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this Erosion Control Specialintc 16761 Viewpoint Ln. Ste # 074 Huntington ,Reich, Ca (s00) 3764015 (909) 753-9637 ECSPEC.IALISTS.COM 10/11/200E •09:39 3106438141 1©/J9/2335 1G:2S 714a4S56 10 JENKINS 2, HOGIN LLP EROSION CONTROL SF• PAGE 04/04 PAGE 03/03 Erosion Control Specialists Ca License #351583 proposal but can be provided throughout the Tniny season upon request and based on availability. Sincerely; Jasorf4klin Erosion Control Specialists 909-753-9637 200-376-1015 Jason,@ecspecialists.cora Erosion Control SptgiRiisfis 14761 Z Mawpoint x,n_ Ste #1174 Huntington Besle!t, Ca M10)3764015 (9119) 753-9637 ECSPECLMJST'S.COM ROLLING HILLS1bINICIPAL CODE • Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 Nuisance defined. 8.24.020 Duty of owner or possessor of property. 8.24.030 Notice to abate nuisance. 8.24.040 Notice to abate nuisance --Contents. 8.24.050 Hearing and decision. 8.24.060 Abatement by city --Notice of charge. 8.24.070 Lien. 8.24.080 Charges to be billed on tax bill. 8.24.090 Court action. 8.24.100 Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any street, and affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 § 1(part), 1981). 8.24.020 Duty of owner or possessor of property. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. (Ord. 190 § 1(part), 1981). 8.24.030 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. (Ord. 190 § 1(part), 1981). 8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the nuisance is not abated or good -faith efforts towards abatement not been made to the satisfaction of the City Manager within fifteen days from the date thereof, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the ROLLING HILLS MUNICOL CODE • time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 § 1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 § 1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 § 1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 § 1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 § 1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions ROLLING HILLS.. NICIPAL CODE • of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 § 1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 § 1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 § 1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 § 1(part), 1981). !7 fI1lrr►-t'_Mur:flr,MEIMM i i i i i i 7005 1820 0008 3440 6044 • To: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS. CA 90274 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 • \etrit- roo, (0. ,\\\ U.S. Postal Servicerr., CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OFFICIAL USE Postage Certified Fee Return Receipt Fee Endorsement Required) Restricted Delivery Fee ,Endorsement Required) Total $ 5 12. Sent 7 Mr. Alan Sheen -grief 20603 Toluca Avenue or PO Torrance, CA 90503 City, 11 1110e Postmark Here • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 A. Signature X ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail 0 Express Mall Registered RYRetum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes - 2. Article Nut ' (Transfer h PS Form 3811, February 2004 7005 1820 0008 3440 60144 Domestic Retum Receipt 10/41100 102595.02.M.1540 • • 10/11/2006 09:39 Lue u» LJg4 £b:1b 31064384410 I:1484Y605 JENKINS & HOGIN LLP4111 EROSION CONTROL SPE PAGE 03/04 PAGE 02/03 (tie Erosion Control Specialists September 19, 2006 Attn: Mike lenlohn City of Polling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Ca License #SSl510 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing was arc in affect on this project and be used according to the current hourly prevailing wage gate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and sutroutldhag areas, including any extra debris or vegetation d.eerrned .necessary. This includes the staging at a proper area for disposal . but does not include the disposal, (To be preformed by rolling hills city association.) 3. Installation of IN resistant plastic sheeting to cover the entire slide area and be coveted with, Tenser TM 450 fiber blankets to reduce uv penetration and reduce glare .f cozy the sun. Plastic sheeting and Tensaw material will be anchored with 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. 4, Ins?tallation of above ground drainage devices as specified by the erosion control plan. Our price for per/brining the work is $68,771.00. As soon as we have your approval we can commence work. This work is an attempt to prevent further slope movement but, Erosion Control Specialists will not be held liable for any der moVernent of the slope and. any corresponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integaity, Maintenance services are not included in this Erasion Control Speeialiat 1$76a viewpoint Ln. Ste # O 4 Ffuntilogtoll Mock C4 (500) 3764046 (949) 7M-9637 ECSp EC,IALISTS.cOMVX 10/11/2006 09:39 3106438441 JENKINS & HOGIN LLP 1/59/2006 10:25 71484S6D$ EROSION CONTROL SPEC. PAGE 04/04 PAGE 03/03 BEErosion Control Specialists a Liiccnse 0851583 proposal but can be provided throughout to x1.iny season upon request awl based, oji avaiiabiiii ', Sincerely, Jas klin tnosion Control Specialists 909-753-9637 20O-376-101.5 Jason@eospealalists,com Erosion Control SpccipXirsts 1061 vinwpuini to Sfo #1174 Huntington MHO, (3410)37&IU15 (,9M19) 75A-9637 16<CSPECIAX.JSTh COM 10/11/2006 09:39 3106438441 10/Q9/2006 16:25 714846606 JENKINS & HOGIN LLP EROSION CONTROL SPE. PAGE 02/04 PAGE 01/©3 galErosion. Control. Specialists Mirk jcialcirls r 4 MP�it Ei!S VACSTICLE TRANSMITTAL S11rx FROG: Jason LLick1m FCS FAX NUMI'ft ; 31? -643-8441 Pt4ONE INUMBER: 310-643-8448 DATI?:- 10/9/2006 TOTAL. No. OP P.A.G S II44? tJ>SFNG COVISR 3 SENDtit'S ItIFFIllETNIr $3, NUND313si: YUU1k 1c P RENO NumBs'N Poppy no ptopos21 0 uj G2 NT 0 . R1 tIEua• 0 P &ASIJ COMMENT 01'U ASE. REPLY 0 VLEAM i.ECxctE moTC;4$/COMMEtNTS: 'hank. you Mikc pkl isc cat ma if that ktt a.try questions. Jaaaa toddin 167t;I VI:UV/POINT %,N. #074 TsUNTIfilOTON DC.T.t4 CA h264.7 scto..376-76ts cIIT. „ 404-79J.9r37 PAN 714.847-6065 LcsincIALI5 t,COM Message For fro,_. b4M• L . & I P . ice. /?V/Og //-- 733 3't-g numbe�rQ�l/J� - a d %� /6S messagy t ' / fon" c'' . fit ke,A, kitain to, #vit4zeijet e,r4 . 14/0),4t b.& -e(4 a WS UNITED STATES'POSTAI_ SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SENDER: COMPLETE THIS SECTION COMPLETE TH."S SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, I or on the front if space permits. 1. Article Addressed to: Mr. n Sheen 20603 uca Avenue A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail 0 Express Mail b Registered wReturn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Nur ' (Transfer fr PS Form 3811, February 2004 7005 1,820 0008 3440 6044 9p/ i1' agc. Domestic Return Receipt 102595-02-M-1540 CERTIFIED MAIL. . 11 11 11 1 .1 1 '1 11 ;1 11 1 111 111 .1 ' 1 1 ' 1 1 ' 1 1 1 1 1 1 ' 11 1 1 1 1 1 1 11 NOV 0 ;; 25Gs CITY OF ROLLING HILLS By I I III I liii NII i 7005 1820 0008 3440 6044 trAP- CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 To: Mr. Alan Sheen UNITED STATES POSTAL SL!W1C. Unclaimed Return To Sender Li Tit Pof 1- U5 1 i {i METi"b2OG., lAmE 1st Notice O 13 2006 ?no Notice] % City olleoffinf INCORPORATED JANUARY 24, 1957 October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that on September 26, 2005, the Rolling Hills City Council adopted Resolution No. 996 declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recorded. against your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or . Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Printed on Recycled Paper. Page 2 You may perform the above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will. have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, e ns Acting City Manager MJ:mlk 10-11-06sheen-ltr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/ Grading Engineer Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. 10/11/2006 09:39 3106438441 J U1 617! LVJGG 1b: Yn tici846063 JENKINS & HOGIN LLP EROSION CONTROL SPEC PAGE 03/04 PAGE 02/03 Erosion Control Specialists September 19, 2006 Attn: Mike 3ettkins City of Rolling Hills #2 Portuguese Bend Rd. Rolling Milt, Ca 90274 Ca License #!$51583 Dear Mike, We propose to furnish labor and (materials for the Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages arc in affect on this project and be used according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding areas, including any extra debris or vegetation d.eerned necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of UT resistant plastic sheeting to cover the enthe slide area' and be covered with. Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Tensar material will be anchored with. 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. 4. Installation of above ground drainage devices as specified by the erosion control plan. Our price for performing the work is $68,771.00. As soon as we have; your approval we can commence work. This work is an attempt to prevent ftarther• slope movement but, Erosion Control Specialists will not be held liable for any further moven ent of the slope and any corresponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. lvlaintenanoe services are not included itt this Erosion Control Specialist,, 16761 viewpoint Ln. Ste # 074 Huntington F)c ich, Cn (S00)376401$ (9(19)75S-9637 ECSPECJALIstS.COM 10/11/2006 09:39 3106438441 .. 10/79/2©06 1G:25 7148496063 JENKINS & HOGIN LLP EROSION CONTROL SPEC PAGE 04/04 PAGE 03/03 Erosion Control Specialists Ca License #$51583 proposal but can be provided throughout the rainy season u4so3a request and based on availability. Sincerely, .1aso klm Erosion Control Specialists 909-753-9637 800-376-101.5 Jason@ecspecialists.coro Erosion Control Spccialisis t67S1 Viewpoint to_ Ste #074 Anntington $aic$, C* (SI10)376-1015 (909)15A-9637 ECSPECI1l[.IS'.k'S.COM ROLLING HILLS MUNICIPAL CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 Nuisance defined. 8.24.020 Duty of owner or possessor of property. 8.24.030 Notice to abate nuisance. 8.24.040 Notice to abate nuisance --Contents. 8.24.050 Hearing and decision. 8.24.060 Abatement by city --Notice of charge. 8.24.070 Lien. 8.24.080 Charges to be billed on tax bill. 8.24.090 Court action. 8.24.100 Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any street, and affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 § 1(part), 1981). 8.24.020 Duty of owner or possessor of property. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. (Ord. 190 § 1(part), 1981). 8.24.030 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. (Ord. 190 § 1(part), 1981). 8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the nuisance is not abated or good -faith efforts towards abatement not been made to the satisfaction of the City Manager within fifteen days from the date thereof, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the ROLLING HILLS MUNICIPAL CODE time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 § 1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 § 1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 § 1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 § 1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 § 1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions ROLLING HILLS MUNICIPAL CODE of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 § l(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place,, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 § 1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 § 1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 § 1(part), 1981). \p, 50TH ANNIVERSARY 1957 — 200.)r Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 aye ly:`� Fv a' e - mac. JAW( 1'" 24. : 957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377.7238 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Net 10 Days Erosion Control Specialists / Contech Construction Products Inc. Landslide Winterization Services: Debris Removal. Installation of 10 mil: black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensar woven blankets - Installation to be performed with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoice) TOTAL 74,403.70 $ 147,928.77 $ 222,332.47 p,;r.!td a; Re: yd dr'aper Erosion Control Specialists P.O. l3ox 1 626 Huntington Beach, Ca 92647 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 190016 DESCRIPTION . debris removal. this to include all exsisting I plastic, sandbags, vegetation, and any other I items needed. This to include only the I removal and loading into the city owned truck. Disposal to be preformed by the rolling hills !association. 90017 !installation of 10 mil. black plastic sheeting to cover slide mass. 190025 I tensar woven blankets. 90029 I tensar reccomended steel stakes to be I installed to anchor plastic sheeting and I woven blankets. ,II 90033 I installation of tensar woven blankets. installation to be preformed with steel stakes. I to be installed using a trech for anchoring I purposes. 1. 1 190005 . I Installation of above ground drainage devices as specified in EC plan: I Invoice is for a 50% (fifty) percent progress payment on above mentioned work. I Please remit to above address. { DATE 1/16/2007 SHIP TO DUE DATE 123/2007 UN; L -_ RATE 11 11 11 1I 1i 11 Invoice INVOICE # 1 170 P.O. NUMBER n.'1O UNT 0.00 0.00 0.00 0.00 0.001 0.00 34,385.50 Totai 34,385.50 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 r Invoice DATE I INVOICE 1/16/2007 174 BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION 90016 debris removal. this to include all exsisting plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. • Disposal to be preformed by the rolling hills association. 90017 90025 90029 i DUE DATE 3/5/2007 P.O. NUMBER QTY R4TE installation of 10 mil. black plastic sheeting to 1 cover slide mass. tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. 90038 installation of tensar woven blankets. installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. 90005 Installation of above ground drainage devices as specified in EC plan. Page 1 1 1 _AM O U NT 0.00 0.00 0.00 0.00 0.00 0.00 Erosion Control Specialists P.O. Box 1626 Huntington Beach Ca 92647 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION Invoice DATE 1/16/2007 INVOICE # -174 SFFII' TO I voice is forremaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) DUE DATE 3/5/2007 P.O. ittit11BER 1 yy RATE f ,MOUNT Please remit to above address. Page 2 I Tota I 34,385.50 34,385.50 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO r The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION 600012 additional labor required to install T -Stakes. 90029 36" steel stakes with with a 4" t -post delivered. 600012 additional labor required for debris removal. 190017 I Credit for retur ned 18" steel pins minus a 125% re -stocking fee. 1 Thank you for your business! DATE 3/23/2007 Invoice INVOICE 10032 SHIP TO DUE DATE 4/2212007 QTY 1 1 P.O. NUMBER RATE AMOUNT 3,360.00 3,360.00 1 1,120.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 Mr. Alan Sheen I Poppy Trail Road Rolling Hills, CA 90274 INCC i?oi7 i ED J'L"u.sRT Is;7 740. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 9027. - (310) 377.1521 FAX. (3101377-7285 E m2�l, c;tyo4A,2 aol corn INVOICE NUISANCE ABATEMENT COST April 1 1, 2006 Net 10 Days Erosion Control Specialists: Demolition and removal of guest house Cutting back headscarp to a 1 : 1 slope Exportation of soil according to plan (approx. 1,7)S cu. Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS-catch basin Compacting and grading work for adequate drainage S 38,500.00 23,400.00 yards) 25,920.00 5,345.00 500.00 19, 736.00 1,200.00 1,850.00 600.00 S 117,351.00 Group Delta Consultants Winterization Professional Services for the period October I, 2005 through January )7, 2006 Nuisance Abatement - Professional Services for the period 13,030.55 January 1, 2006 through February 24, 2006 3,454.60 Peninsula Septic Svc. Pump Septic Tank -Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement Jenkins & Ilogin Legal Services Administration Costs City Manager TOTAL 16,435.15 _ 710.00 59.92 134,606.07 11,366.50 1,956.20 S 147,928.77 Sheen costs of abatement mailbox:///Craig's%2OHD/Documents/Mozilla/Profiles/Craig%2... Subject: Sheen costs of abatement From: "Michael Jenkins" <MJenkins@localgovlaw.com> Date: Tue, 14 Feb 2006 14:06:20 -0800 To: "Craig Nealis" <cnealis@cityofrh.net> Here's what I think you should do: 1. Prepare the cost of abateme_nt--tfnee when we've both back next week. Include all and any other miscellaneous costs. Our fee 2. Send the cost bill to Sheen and his attorne bill, the matter is scheduled for {pick a Council d hQ n my absences ert costs, your tim are $11,366.50. advising that if the eeiino dateL---�' John. Otherwise, 1 can help ur hourly rate, our costs, ant to be heard on the cost 3. Put the cost bill item on the agenda of that Council meeting, whether Sheen requests to be heard or not. Have it there for Council approval: 4. Following Council approval, re -send him the bill with a request for payment, advising that if not paid within 10 days, it will become a lien against the property. If it is not paid within 10 days following Council approval of the bill, we can record a lien and in August put it on the County tax bill for the 2006-2007 property tax collection. Michael Jenkins, Esq. JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643,8448; Fax: 310.643.8441 MJenkins@LocalGovLaw.com www.LocalGovLaw.com Thisis a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. 1 of 1 2/21/06 1:13 PM CITY OF ROLLING HILLS 1 POPPY TRAIL ROAD JENKINS / HOGAN LLP - EXPENSES FY05-06.TO FY09-10 FY 05-06 Month Invoice # Oct 05 12808 Nov 05 12865 Dec 05 12967 Jan 06 13041 Feb 06 13137 Mar 06 13291 Apr 06 13336 May 06 13428 Jun 06 13527 Total Month Invoice # Invoice Check Check Amount . Number Date $ 4,962.00 17943 11/14/2005 $ 6,692.00 18018 12/12/2005 $ 1,035.00 18132 1/23/2006 $ 784.50 18174 2/13/2006 $ 13,473.50 $ (11,366.50) Per Michael Jenkins 2/14/06 $ 2,107.00 $ 2,046.00 18260 3/13/2006 $ 248.80 18348 4/10/2006 $ 300.20 • 18421.. 5/8/2006 $ 1,492.50 18473 .6/12/2006 $ 516.00 18534 7/10/2006 $ 6,710.50 FY 06-07 Invoice Check Check Amount Number Date Jul06 13615 $ 94.80 18605 8/14/2006 Aug 06 13717 $ 162.70 18678 9/11/2006 Sep 06 13834 $ 230.00 18745 10/9/2006 Oct 06 13909 $ 112.70 18813 11/13/2006 Nov 06 14000 $ 375.40 18875 12/11/2006 Dec 06 14095 $ 1,221.00 18949 1/22/2007 Jan 07 14177 . $ 1,197.90 18986 2/12/2007 Feb 07 14265 $ 1,180.00 19034 3/12/2007 Mar 07 14362 $ • 893.00 19122 4/23/2007 Apr 07 14452 $ 139.00 19.152 5/14/2007 May 07 14559 $ . 237.00 19250 6/11/2007 Jun 07 14656 $ 911.60 19314 7/23/2007 Total $ 6,755.10 Poppy Trail Jenkins.xlsx 2/24/2010 9:02 AM g FY 07-08 Month Invoice # Invoice Check Check Amount Number Date Jul07 14751 $ 855.00 19349 8/13/2007 Aug 07 14854 $. 880.20 19429 9/24/2007 Sep 07 14945 $ 24.40 19494 10/31/2007 Oct 07 15031 $ 164.00 19509 11/12/2007 Nov 07 15128 $ 2,470.60 19546 12/4/2007 Dec 07 15207 $ 75.00 19635 1/14/2008 Jan 08 15326 $ 24.40 19682 2/11/2008 Feb 08 15410 $ 369.40 19746 3/11/2008 Mar 08 15507 $ 750.40 19812 4/14/2008 Apr 08 15606 $ 5,574.60 19857 5/12/2008 May 08 15701 $ 1,066.60 19904 6/9/2008 Jun 08 15817 $ 3,610.80 19974 7/14/2008 Total $ 15,865.40 Month Invoice # FY 08-09 Invoice Check Check Amount Number Date Jul08 15897 $ 4,722.20 20021 8/11/2008 Aug 08 15998 $ 10,437.50 20097 9/22/2008 Sep 08 16096 $ 11,703.92 20138 10/13/2008 Oct 08 16195 $ 9,030.36 20206 11/10/2008 Nov 08 16290 $ 9,538.55 20241 12/8/2008 Dec 08 16371 $ 7,269.38 20311 1/26/2009 Jan 09 16448 $ 2,771.26 20378 2/23/2009 Feb 09 16543 $ 187.43 20417 3/23/2009 Mar 09 16655 $ 535.00 20452 4/13/2009 Apr 09 16736 $ 1,855.00 20490 5/11/2009 May 09 16852 $ 2,475.00 20531 6/8/2009 Jun 09 16904 $ 2,435.00 20606 7/15/2009 Total $ 62,960.60 Poppy Trail Jenkins.xlsx 2/24/2010 9:02 AM 9 FY 09-10 Invoice Check Check Month Invoice # Amount Number Date Jul09 17000 $ 1,560.00 20656. 8/19/2009 Aug 09 17096 $ 685.00 20678 9/14/2009 Sep 09 17184 $ 5,535.50 20726 10/12/2009 Oct 09 17276 $ 4,400.00 20794 11/23/2009 Nov 09 17391 S 4,729.20 20815 12/14/2009 Dec 09 17481 $ 1,263.60 20889 1/11/2010 Jan 10 Feb 10 Mar 10 Apr 10 . May10 Jun 10 Total $ 18,17330 - Grand Total $ 110,464.90 Poppy Trail Jenkins.xlsx 2/24/2010 9:02 AM l0 t1oS Message For from ba/NA:d6 number /-61 73 31 -8 -pc /65 messag&Lt r / few? . gr(viA& tie)/ eic& . c✓as4c best call back time A time x:020 W ayen b 8A WS Board -UP contractors • AAA Speedy Board -up, 562-602-0555 She spoke with Jim, they charge $185/1st window or door and $68 each additional window or door. Price includes all sizes of doors and windows, all labor and materials. • Budget Board Up, 818-362-1264 or 800-654-2513 Bill told her that they charge $87.50 to come out and $80 per opening. • Sheriff AAA -Glass & Mirror, 310-314-5277 Does not charge to come out. Did not give her any std pricing per door or window. City Wk./tiny J4dio INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD - ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 NOTICE OF INSPECTION ON MARCH 6, 2009 VIA POSTING AT 1 POPPY TRAIL, ROLLING HILLS, CA 90274 NOTICE of the City of Rolling Hills regarding: Property: 1 Poppy Trail Rolling Hills, CA 90274 Lot Number: Lot 90-B-RH You are hereby notified that the interior and exterior of the structures and property at the above location will be inspected by officials of the City of Rolling Hills on Friday, March 6, 2009 at anytime from 1 P.M. to 5 P.M. pursuant to Section 2.2 of the Order Issuing A Preliminary Injunction issued in Case No. YC051963 by Judge Bob Hight on January 7, 2009, for the purpose of ensuring compliance with the terms of said Order. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448, ext. 126. ,,,7 f. /; 9. Dated: March 4, 2009 Anton Dahlerbruch City Manager Printed on Recycled Paper Cay op2ll,.y INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 NOTICE OF INSPECTION ON MARCH 6, 2009 VIA POSTING AT 1 POPPY TRAIL, ROLLING HILLS, CA 90274 NOTICE of the City of Rolling Hills regarding: Property: 1 Poppy Trail Rolling Hills, CA 90274 Lot Number: Lot 90-B-RH You are hereby notified that the interior and exterior of the structures and property at the above location will be inspected by officials of the City of Rolling Hills on Friday, March 6, 2009 at anytime from 1 P.M. to 5 P.M. pursuant to Section 2.2 of the Order Issuing A Preliminary Injunction issued in Case No. YC051963 by Judge Bob Hight on January 7, 2009, for the purpose of ensuring compliance with the terms of said Order. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448, ext. 126. Dated: March 4, 2009 VLu` (G; Anton Dahlerbruch City Manager Printed on Recycled Paper APPLGEO-01 BEKR ACCa14D CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/13/2009 PRODUCER (530) 668-2777 Armstrong & Associates Insurance Services License # OB50501 P.O. Box 1270 Woodland, CA 95776-1270 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Applied GeoKinetics 77 Bunsen Irvine, CA 92618 INSURER A: Zenith Insurance 13269 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PEO LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS c FEB (City of By 12 Rolling 2009 Hills COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below Z068055904 1/21/2009 1/21/2010 " WSTATT- TOR ERYLIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ***BLANKET WAIVIER OF SUBROGATION INCLUDED*** CERTIFICATE HOLDER CANCELLATION City of Rolling Hills; Rolling Hills Community Association; Saridakis Construction Company; Hui-Tse Sheen No. 2 Portuguese Bend Rd. Rolling Hills, CA 90274 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE + _ _ ACORD 25 (2001/08) © ACORD CORPORATION 1988 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TheZenith° BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS - . ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due. Minimum Premium: $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 01/21/09 Insured APPLIED GEOKINETICS Policy No. Z068055904 Policy Period 01/21/09 To 01/21/10 Issued On 01/15/09 WC -99-04-25B (Ed. 10-07) At Pleasanton, CA AGENT COPY ZENITH INSURANCE COMPANY )•A• PRESIDENT Endorsement No. 12 Ewa Nikodem Thu, Oct 16, 2008 11:46 AM Subject: FW: Sheen/Settlement Discussions Date: Thursday, October 16, 2008 9:49 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Ewa Nikodem <enikodem@cityofrh.net> Cc: Marilyn Kern <mkern@cityofrh.net> Conversation: Sheen/Settlement Discussions Can you please pull out of our files somewhere... 1. The invoice/contraact'we had with Bolton Engr for engineering the replacement drainage pipe for 1 Poppy Trail. It was done probably 6 months ago. 2. In the packet of materials that was picked up yesterday by Kutak Rock, there was a letter from Steve Koltoff that explains what needs to be done to winterize the property. Can you please pull that out of the pile or let me know where the pile is so I can find it. We will want to email/pdf both to Elizabeth. Thanks Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: "Elizabeth M. Calciano" <ecalciano@localgovlaw.com> Date: Thu, 16 Oct 2008 09:39:03 -0700 Page 1 of 5 T 'R -c- v oc i 'Lu: eel 1111 l (Le_ J er mks 1,0 Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 tel (310) 544-6010 fax (310) 544-0458 January 8, 2008 Anton Dahlerbruch City of Rolling Hills #2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Scope of Work — Drainage Pipe #1 Poppy Trail Dear Anton: . We are proposing to provide Civil Engineering at #1 Poppy Trail for the drainage from the pad area between the tennis court and the house down the recently cut slope to the paved access road. Specifically, we are providing a plan and detail for a temporary 6" drainage pipe to replace the plastic lined swale that was originally designed to provide drainage from this pad down to the paved access road per the original repair plan. We are not providing any other engineering services or reviewing any other areas than this specific drainage improvement. We estimate this plan will cost $1,500.00 to complete. If you have any questions or need additional information, please call. Sincerely, /2-0—in/7/ Ross N. Bolton, RCE 26120 President BOLTON Engineering Corporation 707 Silver Spur Road - Suite 201 Rolling Hills Estates, CA 90274 tel: (310) 544-6010 fax: (310) 544-0458 BILL TO City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, CA 90274 Invoice DATE INVOICE NO. 2/29/2008 6949 TERMS PROJECT Due on recpt 5019 D DESCRIPTION QTY RATE AMOUNT Drainage plan for drain for from #1 Poppy Trail. Reg Chief Engineer 8.5 145.00 1,232.50 Drafting 15.5 85.00 1,317.50 Adjustment per Ross Bolton -1,050.00 -1,050:00 0 ( ii, 07'1 ,.,., i_-_,),_. _ MAR C 7 2000 1� CITY OF ROLLING HILLS 1 . 1 � / Sd0.c6 _ _3 z1_0a . .. !7f6 `f Thank youfor your business. Total $1,500.00 - October 15, 2007 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Tony Dehlerbruch, City Manager Subject: October 15, 2007 Site Visit Poppy Trail Landslide Rolling Hills, California Project# L-599 D Mr. Dehlerbruch: On October 15, 2007, our Group Delta Consultants, Inc. (Group Delta) geologist performed a site visit of the Poppy Trail Landslide in the city of Rolling Hills, Ca. Tony Dehlerbruch, City of Rolling Hills Manager, accompanied Group Delta geologist to observe damaged plastic sheeting above the landslide back scarp. The sheeting was placed around the upper edge of the landslide back scarp to protect the exposed soil areas from erosion and/or potential failures due to saturation. Other repairs observed were to the green TRM 50 fiber blanket cover on the southern portion of the upper slope and the exposed soil on the flat area along the west side of the ATV road. Also, along the east side of the ATV Road, the plastic cover was detached from the soil making a potential for water to flow under the plastic sheeting onto the landslide. The following suggestions for repairs are as follows; • Behind the top of the landslide, the plastic sheeting has been displaced off the soil area onto the slope. The displaced plastic needs to be placed back over the exposed soil then covered with clean 1 -inch aggregate. The aggregate will hold the plastic down and support the area for access. • The TRM 50 plastic blanket, on the southern portion of the landslide's upper back scarp, as been damaged. The damaged area needs to be repaired by covering exposed soil with black plastic sheeting. The TMR 50 fiber blanket will need to be placed into original position then re -spike to the ground. • The plastic cover along the west side of the ATV road has moved and soil is exposed. The soil areas need to be covered. • The plastic cover adjacent to the east side of the ATV road is open to water runoff. This area needs to be sealed with a soil or sand berm. 29 W. 205'1 ti �. ( ! ('A 9(t5U1-1459 + 1'el i 31Oi 2(0-51(;j g Fax i. 1W ;20-21 1: ��_ 1 . _- ticcl. . iiit�.' 1 0 crrat;� _ - Aliso Vie,1o+ i.Q-1()i r•,ijii_ l i i`(} @www.GioupDclta.com+ San Diego* i \/tij 524- 1 ^,i:i Site Visit Poppy Trail Landslide Rolling Hills, California October 15, 2007 Page 2 October is the start of the rainy season. To prevent storm water runoff from increasing potential erosion or failures, repairs should be completed soon to protect the landslide from water intrusion due to heavy rain. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Associate Geologist GROUT' DELTA tiouinnaraafl TRANSMISSION VERIFICATION REPORT TIME : 69/24/2663 12:35 NAME : ROLLING HILLS CITY FAX : 3163777233 TEL : 3103771521 SER.# : BROG5J363231 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 69/24 12:34 CITY ATTORNEY 00:01:05 62 OK STANDARD ECM City ./ am. „AM INCORPORATED JANUARY 24, 14'57 FAX OR SHEET DATE: l (741° TO: Eiilez- c-ei FAX: SUBJECT: (\c1)("Pf yt r Mer-4.4 NoT NO. 2 PORTUGUESE RENO ROAD ROLLING HILLS, CALIF, 90274 1310) 377-1521 FAX: (310) 3774288 OPERATOR: t owl -412. e,LobA.Z. a. _f TRANSMISSION VERIFICATION REPORT TIME : 07/28/2008 14:14 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG53303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 07/28 14:09 CITY ATTORNEY 00:04:34 11 OK STANDARD ECM DATE: 07/28/08 City of Rolling Hills INCORPORATED JANUARY 24, 1957 FAX COVER SHEET TO: Elizabeth M. Calcium CC: FAX: SUBJECT: FY 2008/09 Budget REMARKS: Sheen property NO. 2 PORTUGUESE B1rND ROAD ROLLING HILLS, CALIF, 90274 (310) 377-1521 FAX (3T 0) 377.7288 E-mail enikodcm@cityofrh_nak TIME SENT: FR ► : Ewa Nikodem OPERATOR: Ewa 7(kise, 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 enikodem@cityofrh.net FAX COVER SHEET DATE: 07/28/08 TIME SENT: '. 0 S TO: Elizabeth M. Calciano FROM: Ewa Nikodem CC: FAX: OPERATOR: Ewa SUBJECT: FY 2008/09 Budget REMARKS: Sheen property TOTAL PAGES (including cover sheet): It 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 August 20, 2008 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 Dear Mr. Sheen, Cry `!?ll»9.,Udl INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX; (310) 377-7288 e"-"10 AUG 2 w 2008 .JF Ru HILLS Over the past many months, the property at 1 Poppy Trail Road in Rolling Hills has been the subject of vandalism. Despite the house being partially boarded to preclude visitors, windows and doors continue to be used to access the home by unknown people. The house is in complete disrepair as a result of the vandalism and it is a public nuisance and safety hazard. To address the vandalism, the Sheriff's Department is recommending their deployment of a "skunk bomb" in the house. The skunk bomb has the aroma of a skunk, which lasts for approximately 30 days. In situations where it is being used by the Sheriff's Department, it has been effective in keeping people out of abandoned homes. This letter is to provide you notice that on or after September 2, 2008, and approximately every thirty days thereafter as needed, the Sheriff's Department will be deploying a skunk bomb in the house. If you have any questions concerning this, please call me at 310.377.1521. Sinc ly, erbruch City Manager AD 08-20-08 Sheen -I tr. d oc c: Mike Jenkins, City Attorney Deputy Brandon Epp, Sheriff Department Mr. Charles Murray, Legal Counsel to Hui-Tse Sheen Mr. Robert Fong, Legal Counsel to Hui-Tse Sheen William Malcolm, Legal Counsel to Washington Mutual Bank Byron Mauss, Legal Counsel to Far East National Bank Printed on Recycled Paper I:1 NO. 2 PORTUGUESE BEND RD. ROLLING HILLS, CALIF. 90274 C9 Printed on Recycled Paper 11111111111111111111111111111111 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 S1LCi 405192 02 1P 0003828230 AUG 20 2008 MAILED FROM ZIP CODE 90274 PITNEY BOWES $ 000.42° .X 900 NEE i 5071 77 O0J 21 J c FORWARD TIME EXP RTN TO SEND SHEEN PD DOX 1433 TORRANCE CA 90505-0433 RETURN TO SENDER IIII11II111111111I1111111II1111)1111111Ill111111I11IlilllIIIII 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21- 22. 23 24 25_ 26 27 28 DECLARATION OF ANTON DAHLERBRUCH I, Anton Dahlerbruch, hereby declare as follows: 1.. I am City Manager of the City of Rolling Hills. I have held this position, either as permanent City Manager or as Interim City Manager, since October 2006. 2. I am familiar with the property owned by Alan Sheen ("Sheen"), located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property") and have visited it frequently for more than one and a half years. I have personal knowledge of the facts set forth in this Declaration. 3. The City has sent Sheen and the secured creditors of 1 Poppy Trail many notices of violation and orders to abate. True and correct copies of some of these notices are attached hereto as Exhibit 4. On June 17, 2008, I posted the notice attached as Exhibit _ on thefront door of the Property and at the unsecured gate to the Property. I noticed that all of the broken windows on the house on the Property had been boarded over, although the non -broken windows and doorways were not boarded over. I had never seen the house boarded up in my past visits to the Property. 5. On July 3 2008, I visited the Property again and noticed changes on the Propertyfrom my prior visit on June 17, 2008. One piece of boarding was gone, and there were several new windows broken or removed. I noticed a number of beer cans strewn around the Property that I did not recall seeing before on my June. 17, 2008 visit. A Presto log that had been sitting out unburned was gone, and instead I noticed what appeared to be the cold remains of a new fire that had burned in the in the area around the pool and in the residence. Attached as Exhibit are true and correct photographs of the Property taken by me on July 3, 2008. 6. In July 2008 alone, law enforcement received two reports of vandals trespassing on the Property.. 7. The pool area and the back entryway of the house are not visible from neighboring properties because they are secluded by vegetation and topography. Persons on neighboring properties cannot readily see in the house. 8. The neighboring properties are well -maintained 9. I visited the Property again on August 11, 2008. On that date, l saw no evidence that anything had been done to remedy the violations set forth in Exhibit or -1- DECLARATION OF ANTON DAHLERBRUCH 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. in the various previous notices to Sheen. In fact, there appeared to be some evidence that people had been staying in the house from time to time as their weretooth brushes and new items strewn around the house. Further, some of the plastic sheeting had been ripped up so that it no longer protects the hillside. A true and correct copy of the photographs partially depicting the current condition of the Sheen Property, taken on August 11, 2008, are collectively attached hereto. 10. I am informed and believe that the Los Angeles County Fire Department is currently in the process of performing a weed abatement on the Property. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this 20th day of August, 2008 "Rolling ills, California. ANTON 6AHLERBRUCH CITY MANAGER, CITY OF ROLLING HILLS DECLARATION OF ANTON DAHLERBRUCH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ANTON DAHLERBRUCH I, Anton Dahlerbruch, hereby declare as follows: 1. I am City Manager of the City of Rolling Hills. I have held this position, either as permanent City Manager or as Interim City Manager, since October 2006. 2. I am familiar with the property owned by Alan Sheen ("Sheen"), located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property") and have visited it frequently for more than one and a half years. I have personal knowledge of the facts set forth in this Declaration. 3. The City has sent Sheen and the secured creditors of 1 Poppy Trail many notices of violation and orders to abate. True and correct copies of some of these notices are attached hereto as Exhibit 4. On June 17, 2008, I posted the notice attached as Exhibit — on the front door of the Property and at the unsecured gate to the Property. I noticed that all of the broken windows on the house on the Property had been boarded over, although the non -broken windows and doorways were not boarded over. I had never seen the house boarded up in my past visits to the Property. 5. On July 3, 2008, I visited the Property again and noticed changes on the Property from my prior visit on June 17, 2008. One piece of boarding was gone, and there were several new windows broken or removed. I noticed a number of beer cans strewn around the Property that I did not recall seeing before on my June 17, 2008 visit. A Presto log that had been sitting out unburned was gone, and instead I noticed what appeared to be the cold remains of a new fire that had burned in the in the area around the pool and in the residence. Attached as Exhibit are true and correct photographs of the Property taken by me on July 3, 2008. 6. In July 2008 alone, law enforcement received two reports of vandals trespassing on the Property. 7. The pool area and the back entryway of the house are not visible from neighboring properties because they are secluded by vegetation and topography. Persons on neighboring properties cannot readily see in the house. 8. The neighboring properties are well -maintained 9. I visited the Property again on August 11, 2008. On that date, I saw no evidence that anything had been done to remedy the violations set forth in Exhibit or -1- DECLARATION OF ANTON DAHLERBRUCH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the various previous notices to Sheen. In fact, there appeared to be some evidence that people had been staying in the house from time to time as their were tooth brushes and new items strewn around the house. Further, some of the plastic sheeting had been ripped up so that it no longer protects the hillside. A true and correct copy of the photographs partially depicting the current condition of the Sheen Property, taken on August 11, 2008, are collectively attached hereto. 10. I am informed and believe that the Los Angeles County Fire Department is currently in the process of performing a weed abatement on the Property. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this 20th day of August, 2008 Rol rng ills, California. ANTON AHLERBRUCH CITY MANAGER, CITY OF ROLLING HILLS -2- DECLARATION OF ANTON DAHLERBRUCH TRANSMISSION VERIFICATION REPORT TIME : 08/20/2008 17:30 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE{S} RESULT MODE 08/20 17:28 CITY ATTORNEY 00:01:34 03 OK STANDARD ECM INCORPORATED JANUARY 211, 1957 NO. 2 PO TLiGUE$E BEND ROAD ROLLING HILLS, CALIF. 90279 (310) 377.1521 FAX: (310) 377.7288 FAX COVER SHEET DATE: ittata TIME SENT: TO: t_W ALFROM: CCia a FAX OPERATOR: Ir or SUBJECT: REMARKS: Ewa N i kode m Thu, Aug 21, 2008 12:06 PM Subject: Signed Declaration is attached Date: Thursday, August 21, 2008 11:15 AM From: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> To: "Elizabeth M. Calciano" <ecalciano@localgovlaw.com> Cc: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Conversation: Signed Declaration is attached Hi Elizabeth, Please see attached (original is in the mail, you should receive it Friday, 8/21). Please let me know if I could be of further assistance. Regards, Ewa Ewa/ Alaco iemv City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Ext. 221 Fax: 310-377-7288 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: "Elizabeth M. Calciano" <ecalciano@localgovlaw.com> Date: Wed, 20 Aug 2008 12:48:55 -0700 To: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Conversation: Declaration of Tony (2) ec redline Subject: Declaration of Tony (2) ec redline «Declaration of Tony (2) ec redline.doc» Here is your revised declaration. Please review and revise as appropriate. When corrected, and if you have no further questions, please sign and then pdf and send the original regular mail. Today or tomorrow is fine. Thanks Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Sheen v. City of Rolling Hills, et al LASC Case No. YC051963 Consolidated with Jonas v. City of Rolling Hills, et al LASC Case No. YC053995 Consolidated with Freeman v. City of Rolling Hills, et al LASC Case No. YC054015 STATE OF CALIFORNIA, COUNTY OF I am employed in the City of in the County of , State of California. I am over the age of 18 and not a party to the within action. My business address is On June , 2008, I. served the following documents described as [TITLE OF DOCUMENT] on all interested parties in .this action by placing a true copy or the original thereof enclosed in a sealed envelope or package addressed as stated on the attached mailing list. [] (BY FACSIMILE) The fax machine I used complied with CRC Rule 2.301(3). Pursuant to CRC Rule 2.306, I transmitted the foregoing document(s) by facsimile to the party(ies) identified on the attached service list by using the fax number(s) indicated. Said transmissions) was(were) verified as complete and without error. I printed a copy of the transmission report that was properly issued by the sending fax machine and attached it to the proof of service. [ X ] (BY MAIL, 1013a, 2015.5 C.C.P.) I deposited such envelope in the mail at , California. The envelope was mailed with postage thereon fully prepaid. I am readily familiar with the firm's practice for collection and processing correspondence for mailing. Under that practice, this document will be deposited with the U.S. Postal Service on this date with postage thereon fully prepaid at California in the ordinary course of business. .I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ X ] (STATE) I declare underr penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June , 2008, at , California. 4832-5735-1169.1 [Name of Declarant] -1- PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Charles L. Murray HI, Esq. Pacific Mutual Building 523 W. Sixth Street, Suite 702 Los Angeles, CA 90014 H. G. Robert Fong, Esq. Ku & Fong 523 W. Sixth Street, Suite 707 Los Angeles, CA 90014 Douglas Rovens, Esq. SQUIRE, SANDERS & DEMPSEY 555 S. Flower Street, Suite 3100 Los Angeles, CA 90071 Damon Guizot, Esq. Marlena Mouser, Esq. GUIZOT & MOUSER 17542 E. Seventeenth Street #250 Tustin, CA 92780 Daniel V. Hyde, Esq. Arezou Khonsari, Esq. Lewis Brisbois Bisgaard & Smith 221 N. Figueroa St., #1200 Los Angeles, CA 90012 Michael Jenkins, City Attorney JENKINS & HOGIN, LLP 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266 4832-5735-1169.1 SERVICE LIST Attorney for Plaintiff and Cross -Defendant, Hui- Tse Sheen Tel: (213) 627-5983 Fax: (213) 627-6051 Attorneys for Plaintiff and Cross -Defendant, Hui- Tse Sheen Tel: (213) 488-1400 Fax: (213) 236-9235 Attorneys for Plaintiff, Donna Freeman Tel: (213) 689-5123 Fax: (213) 623-4581 Attorneys for Plaintiffs, Robert Jonas; Dr. Ronald Sommer, individually and as Trustee of the Sommer Trust, established October 29, 1996; Dr. Ram Reddy and Rooper Reddy; Zaffar Hassanally and Theresa Hassanally, individually and on behalf of the TANL Limited Partnership; John Lacey and Kathleen Lacey; and Jeffrey Ullman and Diane Ullman, individually and as Trustees of the Jeffrey and Diane Ullman Family Trust Tel: (323) 937-1000 Fax: (714) 748-0065 Attorneys for Defendant and Cross -Complainant, Rolling Hills Community Association Phone: (213) 250-1800 Fax: (213) 250- 7900 Associated counsel for Defendant City of Rolling Hills Tel: (310) 643-8448 Fax: (310) 643-8441 -2- PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Edwin J. Richards, Esq. Kari L. Probst, Esq. Kutak Rock LLP 18201 Von Karman Avenue, Suite 1100 Irvine, CA 92612 Robert Parsons, Esq. FINER, KIM & STEARNS City National Bank Building 3424 Carson Street, Suite 500 Torrance, CA 90503-5701 Scott S. Mizen, Esq. VEATCH CARLSON 700 South Flower Street, 22"d Floor Los Angeles, CA 90017 Timothy L. Walker, Esq. Charles J. Schmitt, Esq. FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty -Seventh Floor Long Beach, CA 90831-2700 Michael B. Geibel, Esq. Philip Zvonicek, Esq. GIBBS, GIDEN, LOCHER & TURNER 1880 Century Park East, 12d' Floor Los Angeles, CA 90067-1621 Robert A. Walker, Esq. Brian Andenoro, Esq. Nereyda Higuera, Esq. LAW OFFICES OF ROBERT A. WALKER 10370 Hemet Street, Suite 140 Riverside, CA 92503-4103 4832-5735-1169.1 Associated counsel for Defendant City of Rolling Hills Tel: (949) 417-0999 Fax: (949) 417-5394 Attorneys for Defendant Saridakis Construction, Inc. Tel: (310) 214-1477 Fax: (310) 214-0764 Attorneys for Cross -Defendant, Robert Jonas Tel: (213) 381-2861 Fax: (213) 383-6370 Attorneysfor Cross -Defendants, Ronald Sommer, et al; Dr. Ram Reddy and Roopa Reddy Tel: (562) 983-2500 Fax: (562) 590-3541 Attorneys for Cross -Defendants, John Lacey, Kathleen Lacey, Zaffar Hassanally and Theresa Hassanally Tel: (310) 552-3400 Fax: (310) 552-0805 Attorneys for Cross -Defendants, Jeffrey Ullman and Diane Ullman Tel: (951) 354-1880 Fax: (951) 354-1881 -3- PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 William G. Malcolm Anthony C. Haynes Malcolm Cisneros 2112 Business Center Drive, Second Floor.. Irvine, CA 92612 Byron B. Mauss, Esq. Henry Hwang, Esq. Elizabeth H. Cudd, Esq. Assayag Mauss Kempton 2915 Redhill Avenue, Suite 200 Costa Mesa, CA 92626 Diane L. Goad, Esq. Goad Law Group 100 E. Thousand Oaks Blvd., Ste 104 Thousand Oaks, CA 91360 Attorney for Intervenor, Washington Mutual Bank Tel: (949) 252-9400 Fax: (949) 252-1032 Attorneys for Plaintiff and Intervenor, Far East National Bank Tel: (714) 427-6800 Fax: (714) 427-6888 Attorneys/Co-counsel for Cross -complainant and Cross -defendant Saridakis Construction, Inc. Tel: (805)496-4220 Fax: (805) 496-4116 4832-5735-1169.1 -4- PROOF. OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ANTON DAHLERBRUCH I, Anton Dahlerbruch, hereby declare as follows: 1. I am City Manager of the City of Rolling Hills. I have held this position, either as permanent City Manager or as Interim City Manager, since October 2006. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property") and have visited it frequently for more than one and a half years. I have personal knowledge of the facts set forth in this Declaration. 3. On June 17, 2008, I posted the notice attached as Exhibit _ on the front door of the Property and at the unsecured gate to the Property. I noticed that all of the broken windows on the house on the Property had been boarded over, although the non -broken windows and doorways were not boarded over. I had never seen the house boarded up in my past visits to the Property. 4. On July 3, 2008, I visited the Property again and noticed changes on the Property from my prior visit on June 17, 2008. One piece of boarding was gone and there were several new windows broken or removed. I noticed a number of beer cans strewn around the Property that I did not recall seeing before on my June 17, 2008 visit. A Presto log that had been sitting out unburned was gone, and instead I noticed what appeared to be the cold remains of the Presto log suggesting a new fire that had burned along side the pool. Attached as Exhibit _ are true and correct photographs of the Property taken by me on July 3, 2008. 5. The pool area and the back entryway of the house are not visible from neighboring properties because they are secluded by vegetation and topography. Persons on neighboring properties cannot readily see in the house. 6. The neighboring properties are well -maintained. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this 10 day of July, 2008 at Rollin ills, ON E' u CH CITY MANAGER CITY OL'' ROLLING HILLS -1- DECLARATION OF DEPUTY VERONIE STEELE TRANSMISSION VERIFICATION REPORT TIME : 0711012008 15:51 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 07110 15:50 CITY ATTORNEY 00:01:19 02 OK STANDARD ECM DATE: TO: City leo /ling Eh INCORPORATED JANUARY 74, 1957 FAX COVER SHEET -rj toj�s .1i 2°.oetL TIME SENT: FROM:... NO. 2 POR7uGuJ6 BEND ROAD ROLLING 1-111.1.5, CALIF. 90274 (310) 377-1581 PAX: (310) 377:72$$ FAX: _ ... OPERATOR: SUBJECT: REMARKS: iIiIIhI,II,ru411'ihffiIIIujjij1dh11141114iIJIJU 111111111111111111111111 11111111131111 7005 1820 0008 3440 6235 AN 2 7 2000 CITY OF ROLLING HILL CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 ' Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 ! t�1 1 iii 02:`1 I, p.006.07Q 006.0d'i • Q jr 0003920230' JUN 23'280E4 'slx MAILED FROM ZIP CODE 9027�1- CITY OF ROLLING HILLS -1111111,111/4111111 ,Il/!.ihh►14tlPthhdll19 R9' CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 iFttSPO,gF/ PITYJCV BOMB 02 IP k �0'�'V P 0003828230 JUN 23 2000. MAILED FROM ZIP CODE 00274 �t�118 PO2Ol1 po •��• N�tire Pirnev BOWES. 4 02 1P $ 000.'@4° 0003828230 -JUN 23"2008 MAILED FROM ZIP CODE 00274 _,drilyn Kern Mon, Jun 23, 2008 7:18 AM Subject: FW: RE: Sheen v. City of Rolling Hills Date: Sunday, June 22, 2008 2:54 PM From: Elizabeth M. Calciano <ecalciano@localgovlaw.com> To: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Cc: Michael Jenkins <MJenkins@localgovlaw.com>, Marilyn Kern <mkern@cityofrh.net> Conversation: RE: Sheen v. City of Rolling Hills Please resend to Sheen at the below address, both first class and certified. Thanks Original Message From: Probst, Kari L. [mailto:Kari.Probst@KutakRock.com] Sent: Friday, June 20, 2008 4:45 PM To: Elizabeth M. Calciano Subject: RE: RE: Sheen v. City of Rolling Hills At deposition on 5/28/08 he testified he resides at in Torrance. 20603 Toluca Original Message From: Elizabeth M. Calciano [mailto:ecalciano@localgovlaw.com] Sent: Friday, June 20, 2008 4:39 PM To: Probst, Kari L. Subject: RE: RE: Sheen v. City of Rolling Hills Avenue Do you have a current address on Sheen? The letters we sent to him came back. Thanks Original Message From: Probst, Kari L. [mailto:Kari.Probst@KutakRock.com) Sent: Friday, June 20, 2008 11:49 AM To: Elizabeth M. Calciano Subject: RE: RE: Sheen v. City of Rolling Hills Original Message From: Elizabeth M. Calciano [mailto:ecalciano@localgovlaw.com] Sent: Friday, June 20, 2008 11:46 AM To: Probst, Kari L. Cc: Richards, Edwin J. Subject: RE: Sheen v. City of Rolling Hills Just wanted to let you know we served the attached on all parties on Monday. We used your service list, so I realized afterwards that you were not on it. If you want a hard copy, let us know. If we don't get any movement on this, then we will be filing a complaint for injunctive relief/petition. Interestingly, one of the lenders did board up the house in the time since our inspection and when Tony posted the house on Monday. Call at 626-437-3865 if you have any questions. Original Message From: Probst, Kari L. [mailto:Kari.Probst@KutakRock.com] Sent: Thursday, June 12, 2008 1:38 PM To: Elizabeth M. Calciano Cc: Richards, Edwin J. Subject: Sheen v. City of Rolling Hills Ms. Calciano, cAPIe WO" Wed (,\2210' Page 1 of 2 CERTIFIED MAIL,. I 0/i r JUN 2 7 2008 CITY OF ROLLING HILLS pY i if/Hi/IN II'll I I I I II ( VIII III II I 111 111 1 11111 111 7005 1,820 0008 3440 6235 f.7! CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 49 cis az PITNEY ES 02 1P $ 006.07° 0003828230 JUN 23 2008 MAILED FROM ZIP CODE 90274 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 COMPLETE THIS SECTION ON DELIVERY A. Signature X D Agent 0 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se ice Type Certified Mail O Registered O Insured Mail ❑ Express Mail 1nf Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. A n 7005 1820 0008 3440 6235 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 20603 Toluca Avenue ''orrance, CA 90503 A. Signature X LI Agent 0 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ® Certified Mail 0 Registered 0 Insured Mail 0 Express Mail M Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Numbei (Transfer from . 7005 1820 0008 3440 6228 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 11 HI First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 HIL4 cc - 50TH ANNIVERSARY 1957 — 2007 Ctyo//ollnSJIilt NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 Pi JUN ay Printed on Recycled Paper i 1111 i II 7005 1820 0008 3440 6228 11111111111111111111111111111111 Mr. Alan Sheen 2013 Toluca Avenue Torrance, CA 90503, d rNr•..:4....:n�� t •W:..u.:.s. Fyn rw..r. N 44444 o.nu.. i-A •,_ 'PITNEY BOWES 02 1P 7$ 005.49or� 0003828230 JUN 17 2008 MAILED FROM ZIP CODE 90274 SHE`C503 X 908 N4C I 607C 02 O$I19/ O$' FORWARD TIME EXP RTN TO SEND SHEEN PO BOX 1433 TORRANCE CA 90505-0433 RETURN TO SENDER C1ty 0/ie0i& fiu//, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 NOTICE AND ORDER TO REPAIR OR ABATE VIA POSTING AT 1 POPPY TRAIL, ROLLING HILLS, CA 90274 VIA CERTIFIED MAIL, RETURN RECEII'1', AND FIRST CLASS MAIL TO: Owner: Mr. Alan Sheen Address: 2063 Toluca Avenue Torrance, CA 90503 [Notice also served on attached service list by first class mail.] LEGAL NOTICE AND ORDER of the City of Rolling Hills regarding: Property: Lot Number: 1 Poppy Trail Rolling Hills, CA 90274 Lot 90-B-RH You are hereby notified that the structure and property at the above location is substandard pursuant to Health and Safety Code Section 17980.6, the Rolling Hills Building Code and all other applicable.laws. This structure is not habitable and is considered substandard. It must remain vacant and secured until repairs are completed and the required inspections and final occupancy : approval is obtained. VIOLATIONS The following conditions are violations of the California Health and Safety Code ("H&SC")" and the Rolling Hills "Municipal Code ("RHMC"): Health and Safety Code Violations The Property is substandard because it violates the following provisions of Health and Safety Code Section 17920.3 as follows: 1. The residence has improper water closets and bathtub. [This building is substandard housing as defined in H&SC Section 17920.3(a)(1).] -1- Printed on Recycled Paper 2. The residence lacks hot and cold running water to plumbing fixtures. [This building is substandard housing as defined in H&SC Section 17920.3(a)(5).] 3. The residence lacks adequate heating because it lacks a functioning heating unit. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 4. The residence lacks required electrical lighting. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 5. The residence is generally dilapidated and improperly maintained. [This building is substandard housing as defined in H&SC Section 17920.3(a)(13).] 6. The residence has deteriorated flooring. [This building is substandard housing as defined in H&SC Section 17920.3(b)(2).] 7. The residence has deteriorated door frame. [This building is substandard housing as defined in H&SC Section 17920.3(b)(4).] 8. The residence has deteriorated ceiling members. [This building is substandard housing as defined in H&SC Section 17920.3(b)(6).] 9. The residence and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. [This building is substandard housing as defined in H&SC Section 17920.3(c).] 10. The residence has unsafe and hazardous electrical conditions because the cover plates are missing in several. [This building is substandard housing as defined in H&SC Section 17920.3(d).] 11. The residence has plumbing that is disconnected and several plumbing fixtures are missing. [This building is substandard housing as defined in H&SC Section 17920.3(e).] 12. The residence has holes and gashes in several interior walls throughout dwelling, and portions of plaster on ceiling in dining area are crumbling. [This building is substandard housing as defined in H&SC Section 17920.3(g)(1).] 13. The residence has mold on portions of the ceiling and wall indicating either possible roof damage and ineffective waterproofing OR ineffective plumbing. [This building is either substandard housing as defined in H&SC Section 17920.3(g)(2) or (e)•l 14. The residence has approximately six broken plate glass windows (including glass doors) so the house has ineffective waterproofing. [This building is substandard housing as defined in H&SC Section 17920.3(g)(2).] 2- 15. The residence has overgrown vegetation throughout property that, in the opinion of the Assistant Chief of the Fire Department, is in such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause. [This building is substandard housing as defined in H&SC Section 17920.3(h).] 16. The residence has overgrown vegetation throughout property causing a health and safety hazard in that it is a nesting grounds for spiders, rats and other rodents. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 17. The residence has scattered junk, trash and debris throughout the exterior of the property constituting fire, health and safety hazards. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 18. The residence has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 19. The residence has hazardous waste materials stored in the stables causing a fire hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 20. The residence has discarded boxes, trash, junk, clothing and miscellaneous objects stored and strewn in the garage, causing a nesting ground for spiders, rats and other rodents which creates a health and safety hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] Rolling. Hills Municipal Code Violations The Property is substandard because it violates the following provisions of the Rolling Hills Building Code (Los Angeles County Code, Building Code (Title 26) which is incorporated by reference into the Rolling Hills Municipal Code by Rolling Hills Municipal Code Section 15.04.010) as follows: 1. Section 9905.1 The building on the Property is a substandard building as defined by Section 9903.1 which provides: "Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be substandard building." 2. Section 9904.6.3 and 9905.14: The Property is unsightly due to lack of proper maintenance and neglect of premises. 3 3. Section 9904.14: Thedwelling and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. 4. Section 9905.3 and 9904.6.3: The dwelling has approximately six broken windows and broken glass doors constituting hazardous conditions, faulty weather protection and inviting trespassers and malicious mischief. 5. Section 9905.4 and 9904.8: The Property contains overgrown vegetation throughout property: causing fire hazard, constituting a nesting grounds for spiders, rats and other rodents, also causing detriment to neighboring properties and property values. 6. Section 9905.15: The Property has scattered junk, trash and debris throughout the exterior of the property. 7. Section 9905.5 and 9904.8: The Property has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. 8. Sections 9904.3.2 and 9904.5.1: The Property has electrical and thermostat cover plates missing in several locations causing unsafe and hazardous conditions. 9. Section 9904.5.1: Dwelling lacks functioning heating unit. 10. Section 9904.3.1 and 9904.3.2:. Dwelling lacks functioning electrical lighting and has exposed electrical wiring causing unsafe and hazardous conditions. 11. Section 9904.1.1: The dwelling lacks hot and cold running water to plumbing fixtures. 12. Section 9904.4.1: The dwelling has broken or damaged water closets, unable to flush accumulated human waste due to lack of running water and broken flushing device. 13. Section 9904.4.1: The dwelling has disconnected plumbing and lack of plumbing fixtures. 14. Section 9904.4.1: The dwelling has an unsanitary, damaged bathtub.' 15. Section 9904.2.2: The dwelling has damaged interior floor covering. 16. Section 9904.14: The dwelling has glass scattered throughout bathroom, bedrooms, hallways, entryways and other rooms due to broken glass windows, doors and bathroom mirrors. -4- 17. Section 9904.2.3: The dwelling has holes and gashes in several interior walls throughout dwelling. Further, portions of plaster on ceiling in dining area are falling indicating possible roof damage. 18. Section 9904.6.3: The dwelling has a damaged interior door frame. 19. Sections 9904.6.1 and 9904.6.2: The dwelling has mold on portions of the ceiling and wall indicating possible roof damage. 20. Section 9904.8: The garage on the Property has discarded boxes, trash, junk, clothing and miscellaneous objects are stored and strewn in garage, causing nesting grounds for spiders, rats and other rodents. 21. Section 9904.11: Hazardous waste materials are being stored in the stables on the Property causing a fire hazard. 22. Sections 8.24.010 and 8.28.010: The slope above the house on the Property has improper drainage that is eroding the slope and is a nuisance. 23. Sections 8.24.010 and 8.28.010: The landslide on the Property is a nuisance. THE DWELLING LOCATED AT 1 POPPY TRAIL IS SUBSTANDARD. The City of Rolling Hills has determined that the nature and extent of the violations are such that the health and safety of any occupants and the public is substantially endangered. Pursuant to section 17920.3 of the Health and Safety Code, the City determines and declares the building and the property to be substandard and a public nuisance per se. ACTIONS REQUIRED BY YOU/ORDER TO REPAIR AND ABATE You are required to provide a written plan to abate the public nuisance at the property by June 28th, 2008, to: City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274; (310) 377-1521. The written plan to abate shall provide for the implementation of the following abatement measures by the time indicated: By July 17th, 2008: 1. Secure or close the house by boarding it up so as to prevent unauthorized persons from gaining access thereto; 2. Clear the property of overgrowth and dead vegetation; 3. Properly maintain the pool, jacuzzi and water features (fountains) so that they do not provide a nesting ground for mosquitoes; 4. Remove and properly dispose of the hazardous materials in the stables; 5. Remove or properly store debris in garage so that they do not provide a nesting ground for vermin; 6. Install security signage. By July 315, 2008: 5 7. Install an 8 -inch drainage pipe to replace the current 8 -inch pipe that became inoperable in a recent slope failure. 8. In order to continue monitoring slip on the landslide, install a replace the inoperable inclinometer on the landslide and monitor as appropriately. Ongoing: Maintain, or employ firms to maintain: (1) the vegetation on the Property so that it isnot overgrown or left in a dry, flammable state, (2) the security of Property by daily checking and addressing of any security problems on the Property and (3) the swimming pool, jacuzzi and water features so that they do not provide a nesting ground for mosquitoes and (4) in good repair all currently laid plastic sheeting and green UV resistant covering protecting the landslide areas from further sliding due to rain. Planning and building permits must be obtained from the City priorto the start of any work, if required. Please contact the City Manager to obtain. RIGHT OF APPEAL You may also appeal this Notice and Order pursuant to RHMC section 15.04.090, should you disagree with its findings. Any appeal to this NOTICE AND ORDER TO REPAIR OR ABATE must be made in writing within 30 days of the date this notice is posted to City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. Upon receipt of your written request, a hearing will be scheduled to hear objections as to why this Notice is not valid. FAILURE TO COMPLY WITH THIS NOTICE Failure to comply with this Notice and Order to Repair And Abate may result in further enforcement actions such as administrative citations, administrative abatement, civil penalties, reinspection fees, revocation of permits, recordation of the notice of substandard housing, withholding of future municipal permits, civil injunction or the appointment of a receiver pursuant to Health and Safety Code Section 17980.7 or any other applicable statute. In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. Further, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the City may seek and a court may order the Property owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice. -6 NOTICES A lessor who receives this Notice cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code. Health and Safety Code Section 17980.7, subsection (d) provides that if a court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to Health and Safety Code Section 17980.6, upon the entry of any order or judgment, the court shall order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice and Order, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448, ext. 126. Dated: 06/17/2008 e ruch City Manager -7 GeoKinetics Gectechoical & . En\Ironmental Engineer; Project Name: Poppy Tral1 Dale: June 2007 z 0 80 160 Feet Site plan with Location of Borings and Test Pits Figure 1 JUN 2 7 2008 B. rI/i1/I/h//I1 Ilj(l,I! ;IJIijJ:/I,/I<<IJI1/!J!J1f!iii1 CITY OF ROLLING HILLS r,...�Arai& „o CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 e'ssSSTt, 7 PITNEY *OWES 02 1P 0003828230 JUN 23 2008 MAILED FROM ZIP CODE 90274 $ 001.000 y�P-‘es POST. PITNEY BOWES 02 1P 0003828230 JUN 23 2008 MAILED FROM ZIPCODE 90274 $ 000.14° 50TH ANNIVERSARY 1957 - 2007 City 0//Cluny NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 Printed on Recycled Paper 11,1111,11 111111111 Mr. Alan Sheen 2063 Toluca Avenue Torrance, CA 90503 '3t'> t737..'t si `erb' 7119 5 PITNEY BOWES 02 1P 0003828230 JUN 17 2008 MAILED FROM ZIP CODE 90274 $ 000.59.° SHEE6O3 X 300 NCC i $07C 02 OSJ19J00 FORWARD TIME EXP RTN TO SEND SHEEN PO BOX 143a TORRANCE CA 90.505-0433 RETURN TO SENDER Cty `leo lli»g JhII INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX: (310) 377-7288 NOTICE AND ORDER TO REPAIR OR ABATE VIA POSTING AT 1 POPPY TRAIL, ROLLING HILLS, CA 90274 VIA CERTIFIED MAIL, RETURN RECElYI', AND FIRST CLASS MAIL TO: Owner: Mr. Alan Sheen Address: 2063 Toluca Avenue Torrance, CA 90503 [Notice also served on attached service list by first class mail.] LEGAL NOTICE AND ORDER of the City of Rolling Hills regarding: Property: Lot Number: 1 Poppy Trail Rolling Hills, CA 90274:, ,_ • Lot.90-B-RH You are hereby notified that the structure and property at the above location is substandard pursuant to Health and Safety Code Section 17980.6, the Rolling Hills Building Code and all other applicable laws. This structure is not habitable and is considered substandard. It must remain vacant and secured until repairs are completed and the required inspections and final occupancy approval is obtained. VIOLATIONS The following conditions are violations of the California Health and Safety Code ("H&SC") and the Rolling Hills Municipal Code ("RHMC"):. Health and Safety Code Violations The Property is substandard because it violates the following provisions of Health and Safety Code Section 17920.3 as follows: 1. The residence has improper waterclosets and bathtub. [This building is substandard housing as defined in H&SC Section 17920.3(a)(1).] Printed on Recycled Paper 2. The residence lacks hot and cold running water to plumbing fixtures. [This building is substandard housing as defined in H&SC Section 17920.3(a)(5).] 3. The residence lacks adequate heating because it lacks a functioning heating unit. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 4. The residence lacks required electrical lighting. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 5. The residence is generally dilapidatedand improperly maintained. [This building is substandard housing as defined in H&SC Section 17920.3(a)(13).] 6. The residence has deteriorated flooring. [This building is substandard housing as defined in H&SC Section 17920.3(b)(2).] 7. The residence has deteriorated door frame. [This building is substandard housing as defined in H&SC Section 17920.3(b)(4).] 8. The residence has deteriorated ceiling members. [This building is substandard housing as defined in H&SC Section 17920.3(b)(6).] 9. The residence and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. [This building is substandard housing as defined in H&SC Section 17920.3(c).] 10. The residence has unsafe and hazardous electrical conditions because the cover plates are missing in several. [This building is substandard housing as defined in H&SC Section 17920.3(d).] 11. The residence has plumbing that is disconnected and several plumbing fixtures are missing. [This building is substandard housing as defined in H&SC Section 17920.3(e).] 12. The residence has holes and gashes in several interior walls throughout dwelling, and portions of plaster on ceiling in dining area are crumbling. [This building is substandard housing as defined in H&SC Section 179203(g)(1).] 13. The residence has mold on portions of the ceiling and wall indicating either possible roof damage and ineffective waterproofing OR ineffective plumbing. [This building is either substandard housing as defined in H&SC Section 17920.3(g)(2) or (e).] 14. The residence has approximately six broken plate glass windows (including glass doors) so the house has ineffective waterproofing. [This building is substandard housing as defined in H&SC Section 17920.3(g)(2).] 15. The residence has overgrown vegetation throughout property that, in the opinion of the Assistant Chief of the Fire Department, is in such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause. [This building is substandard housing as defined in H&SC Section 17920.3(h).] 16. The residence has overgrown vegetation throughout property causing a health and safety hazard in that it is a nesting grounds for spiders, rats and other rodents. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 17. The residence has scattered junk, trash and debris throughout the exterior of the property constituting fire, health and safety hazards. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 18. The residence has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 19. The residence has hazardous waste materials stored in the stables causing a fire hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 20. The residence has discarded boxes, trash, junk, clothing and miscellaneous objects stored and strewn in the garage, causing a nesting ground for spiders, rats and other rodents which creates a health and safety hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] Rolling Hills Municipal Code Violations The Property is substandard because it violates the following provisions of the Rolling Hills Building Code (Los Angeles County Code, Building Code (Title 26) which is incorporated by reference into the Rolling Hills Municipal Code by Rolling Hills Municipal Code Section 15.04.010). as follows: 1. Section 9905.1 The building on the Property is a substandard building as defined by Section 9903.1 which provides: "Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be substandard building." 2. Section 9904.6.3 and 9905.14: The Property is unsightly due to lack of proper maintenance and neglect of premises. 3. Section 9904.14: The dwelling and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. 4. Section 9905.3 and 9904.6.3: The dwelling has approximately six broken windows and broken glass doors constituting hazardous conditions, faulty weather protection and inviting trespassers and malicious mischief. 5. Section 9905.4 and 9904.8: The Property contains overgrown vegetation throughout property causing fire hazard, constituting a nesting grounds for spiders, rats and other rodents, also causing detriment to neighboring properties and property values. 6. Section 9905.15: The Property has scattered junk, trash and debris throughout the exterior of the property. 7. Section 9905.5 and 9904.8: The Property has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. 8. Sections 9904.3.2 and 9904.5.1: The Property has electrical and thermostat cover plates missing in several locations causing unsafe and hazardous conditions. 9. Section 9904.5.1: Dwelling lacks functioning heating unit. 10. Section 9904.3.1 and 9904.3.2: Dwelling lacks functioning electrical lighting and has exposed electrical wiring causing unsafe and hazardous conditions. 11. Section 9904.1.1: The dwelling lacks hot and; cold running water to plumbing fixtures. 12. Section 9904.4.1: The dwelling has broken or damaged water closets, unable to flush accumulated human waste due to lack of running water and broken flushing device. 13. Section 9904.4.1: The dwelling has disconnected plumbing and lack of plumbing fixtures.. 14. Section 9904.4.1: The dwelling has an unsanitary, damaged bathtub. 15. Section 9904.2.2: The dwelling has damaged interior floor covering. 16. Section 9904.14: The dwelling has glass scattered throughout bathroom, bedrooms, hallways, entryways and other rooms due to broken glass windows, doors and bathroom mirrors. 17. Section 9904.2.3: The dwelling has holes and gashes in several interior walls throughout dwelling. Further, portions of plaster on ceiling in dining area are falling indicating possible roof damage. 18. Section 9904.6.3: The dwelling has a damaged interior door frame. 19. Sections 9904.6.1 and 9904.6.2: The dwelling has mold on portions of the ceiling and wall indicating possible roof damage. 20. Section 9904.8: The garage on the Property has discarded boxes, trash, junk, clothing and miscellaneous objects are stored and strewn in garage, causing nesting grounds for spiders, rats and other rodents. 21. Section 9904.11: Hazardous waste materials are being stored in the stables on the Property causing a fire hazard. 22. Sections 8.24.010. and 8.28.010: The slope above the house on the Property has improper drainage that is eroding the slope and is a nuisance. 23. Sections 8.24 010 and 8.28.010: The landslide on the Property is a nuisance. THE DWELLING LOCATED AT 1 POPPY TRAIL IS SUBSTANDARD. The City of Rolling Hills has determined that the nature and extent of the violations are such that the health and safety of any occupants and the public is substantially endangered. Pursuant to section 17920.3 of the Health and Safety Code, the City determines and declares the building and the property to be substandard and a public nuisance per se. ACTIONS REQUIRED BY YOU/ORDER TO REPAIR AND ABATE You are required to provide a written plan to abate the public nuisance at the property by June 28th, 2008, to: City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274; (310) 377-1521. The written plan to abate shall provide for the implementation of the following abatement measures by the time indicated: By July 17th, 2008: 1. Secure or close the house by boarding it up so as to prevent unauthorized persons from gaining access thereto; 2. Clear the property of overgrowth and dead vegetation; 3. Properly maintain the pool, jacuzzi and water features (fountains) so that they do not provide a nesting ground for mosquitoes; 4. Remove and properly dispose of the hazardous materials in the stables; 5. Remove or properly store debris in garage so that they do not provide a nesting ground for vermin; 6. Install securitysignage. By July 315, 2008: 7. Install an 8 -inch drainage pipe to replace the current 8 -inch pipe that became inoperable in a recent slope failure. 8. In order to continue monitoring slip on the landslide, install a replace the inoperable inclinometer on the landslide and monitor as appropriately. Ongoing: Maintain, or employ firms to maintain: (1) the vegetation on the Property so that it isnot overgrown or left in a dry, flammable state, (2) the security of Property by daily checking and addressing of any security problems on the Property and (3) the swimming pool, jacuzzi and water features so that they do not provide a nesting ground for mosquitoes and (4) in good repair all currently laid plastic sheeting and green UV resistant covering protecting the landslide areas from further sliding due to rain. Planning and building permits must be obtained from the City prior to the start of any work, if required. Please contact the City Manager to obtain. RIGHT OF APPEAL You may also appeal this Notice and Order pursuant to RHMC section 15.04.090, should you disagree with its findings. Any appeal to this NOTICE AND ORDER TO REPAIR OR ABATE must be made in writing within 30 days of the date this notice is posted to City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. Upon receipt of your written request, a hearing will be scheduled to hear objections as to why this Notice is not valid. FAILURE TO COMPLY WITH THIS NOTICE Failure to comply with this Notice and Order to Repair And Abate may result in further enforcement actions such as administrative citations, administrative abatement, civil penalties, reinspection fees, revocation of permits, recordation of the notice of substandard housing, withholding of future municipal permits, civil injunction or the appointment of a receiver pursuant to Health and Safety Code Section 17980.7 or any other applicable statute. In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. Further, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the City may seek and a court may order the Property owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice. NOTICES A lessor who receives this Notice cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code. Health and Safety Code Section 17980.7, subsection (d) provides that if a court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to Health and Safety Code Section 17980.6, upon the entry of any order or judgment, the court shall order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection -costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice and Order, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448, ext. 126. Dated: .06/17/2008 nton erbruch City Manager C1t 0//Q0//t, J/I/1I INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 NOTICE AND ORDER TO REPAIR OR ABATE VIA POSTING AT 1 POPPY TRAIL, ROLLING HILLS, CA 90274 VIA CERTIFIED MAIL, RETURN RECEIPT, AND FIRST CLASS MAIL TO: Owner: Mr. Alan Sheen Address: 2063 Toluca Avenue Torrance, CA 90503 [Notice also served on attached service list by first class mail.] LEGAL NOTICE AND ORDER of the City of Rolling Hills regarding: Property: 1 Poppy Trail Rolling Hills, CA 90274 Lot Number: Lot 90-B-RH You are hereby notified that the structure and property at the above location is substandard pursuant to Health and Safety Code Section 17980.6, the Rolling Hills Building Code and all other applicable laws. This structure is not habitable and is considered substandard. It must remain vacant and secured until repairs are completed and the required inspections and final occupancy approval is obtained. VIOLATIONS The following conditions are violations of the California Health and Safety Code ("H&SC") and the Rolling Hills Municipal Code ("RHMC"): Health and Safety Code Violations The Property is substandard because it violates the following provisions of Health and Safety Code Section 17920.3 as follows: 1. The residence has improper water closets and bathtub. [This building is substandard housing as defined in H&SC Section 17920.3(a)(1).] -1- Printed on Recycled Paper 2. The residence lacks hot and cold running water to plumbing fixtures. [This building is substandard housing as defined in H&SC Section 17920.3(a)(5).] 3. The residence lacks adequate heating because it lacks a functioning heating unit. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 4. The residence lacks required electrical lighting. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 5. The residence is generally dilapidated and improperly maintained. [This building is substandard housing as defined in H&SC Section 17920.3(a)(13).] 6. The residence has deteriorated flooring. [This building is substandard housing as. defined in H&SC Section 17920.3(b)(2).] 7. The residence has deteriorated door frame. [This building is substandard housing as defined in H&SC Section 17920.3(b)(4).] 8. The residence has deteriorated ceiling members. [This building is substandard housing as defined in H&SC Section 17920.3(b)(6).] 9. The residence and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. [This building is substandard housing as defined in H&SC Section 17920.3(c).] 10. The residence has unsafe and hazardous electrical conditions because the cover plates are missing in several. [This building is substandard housing as defined in H&SC Section 17920.3(d).] 11. The residence has plumbing that is disconnected and several plumbing fixtures are missing. [Thisbuilding is substandard housing as defined in H&SC Section 17920.3(e).] 12._ The residence has holes and gashes in several interior walls throughout dwelling, and portions of plaster on ceiling in dining area are crumbling. [This building is substandard housing as defined in H&SC Section 17920.3(g)(1).] 13. The residence has mold on portions of the ceiling and wall indicating either possible roof damage and ineffective waterproofing OR ineffective plumbing. [This buildingiseither substandard housing as defined in H&SC Section 17920.3(g)(2) or (e).] 14. The residence_has approximately six broken plate glass windows (including glass doors) so the house has ineffective waterproofing. [This building is substandard housing as defined in H&SC Section 17920.3(g)(2).] 2- 15. The residence has overgrown vegetation throughout property that, in the opinion of the Assistant Chief of the Fire Department, is in such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause. [This building is substandard housing as defined in H&SC Section 17920.3(h).] 16. The residence has overgrown vegetation throughout property causing a health and safety hazard in that it is a nesting grounds for spiders, rats and other rodents. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 17. The residence has scattered junk, trash and debris throughout the exterior of the property constituting fire, health and safety hazards. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 18. The residence has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 19. The residence has hazardous waste materials stored in the stables causing a fire hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 20. The residence has discarded boxes, trash, junk, clothing and miscellaneous objects stored and strewn in the garage, causing a nesting ground for spiders, rats and other rodents which creates a health and safety hazard. [This building is substandard housing as defined in H&SC Section 17920.3(j).] Rolling Hills Municipal Code Violations The Property is substandard because it violates the following provisions of the Rolling Hills Building Code (Los Angeles County Code, Building Code (Title 26) which is incorporated by reference into the Rolling Hills Municipal Code by Rolling Hills Municipal Code Section 15.04.010) as follows: 1. Section 9905.1 The building on the Property is a substandard building as defined by Section 9903.1 which provides: "Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be substandard building." 2. Section 9904.6.3 and 9905.14: The Property is unsightly due to lack of proper maintenance and neglect of premises. -3- 3. Section 9904.14: The dwelling and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. 4. Section 9905:3 and 9904.6.3: The dwelling has approximately six broken windows and broken glass doors constituting hazardous conditions, faulty weather protection and inviting trespassers and malicious mischief. 5. Section 9905.4 and 9904.8: The Property contains overgrown vegetation throughout property causing fire hazard, constituting a nesting grounds for spiders, rats and other rodents, also causing detriment to neighboring properties and property values. 6. Section 9905.15: The Property has scattered junk, trash and debris throughout the exterior of the property. 7. Section 9905.5 and 9904.8: The Property has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. 8. Sections 9904.3.2 and 9904.5.1: The Property has electrical and thermostat cover plates missing in several locations causing unsafe and hazardous conditions. 9. Section 9904.5.1: Dwelling lacks functioning heating unit. 10. Section 9904.3.1 and 9904.3.2: Dwelling lacks functioning electrical lighting and has exposed electrical wiring causing unsafe and hazardous conditions. 11. Section 9904.1.1: The dwelling lacks hot and cold running water to plumbing fixtures. 12: Section 9904.4.1: The dwelling has broken or damaged water closets, unable to flush accumulated human waste due to lack of running water and broken flushing device. 13. Section 9904.4.1: The dwelling has disconnected plumbing and lack of plumbing fixtures. 14. Section 9904.4.1: The dwelling has an unsanitary, damaged bathtub. 15. Section 9904.2.2:_ The dwelling has damaged interior floor covering. 16. Section 9904.14: The dwelling has glass scattered throughout bathroom, bedrooms, hallways, entryways and other rooms due to broken glass windows, doors and bathroom mirrors. -4- 17. Section 9904.2.3: The dwelling has holes and gashes in several interior walls throughout dwelling. Further, portions of plaster on ceiling in dining area are falling indicating possible roof damage. 18. Section 9904.6.3: The dwelling has a damaged interior door frame. 19. Sections 9904.6.1 and 9904.6.2: The dwelling has mold on portions of the ceiling and wall indicating possible roof damage. 20. Section 9904.8: The garage on the Property has discarded boxes, trash, junk, clothing and miscellaneous objects are stored and strewn in garage, causing nesting grounds for spiders, rats and other rodents. 21. Section 9904.11: Hazardous waste materials are being stored in the stables. on the Property causing a fire hazard. 22. Sections 8.24.010 and 8.28.010: The slope above the house on the Property has improper drainage that is eroding the slope and is a nuisance. 23. Sections 8.24.010 and 8.28.010: The landslide on the Property is a nuisance. THE DWELLING LOCATED AT 1 POPPY TRAIL IS SUBSTANDARD. The City of Rolling Hills has determined that the nature and extent of the violations are such that the health and safety of any occupants and the public is substantially endangered. Pursuant to section 17920.3 of the Health and Safety Code, the City determines and declares the building and the property to be substandard and a public nuisance per se. ACTIONS REQUIRED BY YOU/ORDER TO REPAIR AND ABATE You are required to provide a written plan to abate the public nuisance at the property by June 28th, 2008, to: City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274; (310) 377-1521. The written plan to abate shall provide for the implementation of the following abatement measures by the time indicated: By July 17th, 2008: 1. Secure or close the house by boarding it up so as to prevent unauthorized persons from gaining access thereto; 2. Clear the property of overgrowth and dead vegetation; 3. Properly maintain the pool, jacuzzi and water features (fountains) so that they do not provide a nesting ground for mosquitoes; 4. Remove and properly dispose of the hazardous materials in the stables; 5. Remove or properly store debris in garage so that they do not provide a nesting ground for vermin; 6. Install security signage. By July 315t, 2008:, -5 7. Install an 8 -inch drainage pipe to replace the current 8 -inch pipe that became inoperable in a recent slope failure. 8. In order to continue monitoring slip on the landslide, install a replace the inoperable inclinometer on the landslide and monitor as appropriately. Ongoing: Maintain, or employ firms to maintain: (1) the vegetation on the Property so that it isnot overgrown or left in a dry, flammable state, (2) the security of Property by daily checking and addressing of any security problems on the Property and (3) the swimming pool, jacuzzi and water features so that they do not provide a nesting ground for mosquitoes and (4) in good repair all currently laid plastic sheeting and green UV resistant covering protecting the landslide areas from further sliding due to rain. Planning and building permits must be obtained from the City prior to the start of any work, if required. Please contact the City Manager to obtain. RIGHT OF APPEAL You may also appeal this Notice and Order pursuant to RHMC section 15.04.090, should you disagree with its findings. Any appeal to this NOTICE AND ORDER TO REPAIR OR ABATE must be made in writing within 30 days of the date this notice is posted to City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. Upon receipt of your written request, a hearing will be scheduled to hear objections as to why this Notice is not valid. FAILURE TO COMPLY WITH THIS NOTICE Failure to comply with this Notice and Order to Repair And Abate may result in further enforcement actions such as administrative citations, administrative abatement, civil penalties, reinspection fees, revocation of permits, recordation of the notice of substandard housing, withholding of future municipal permits, civil injunction or the appointment of a receiver pursuant to Health and Safety Code Section 17980.7 or any other applicable statute. In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. Further, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the City may seek and a court may order the Property owner to not claim any .. deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice. 6 NOTICES A lessor who receives this Notice cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code. Health and Safety Code Section 17980.7, subsection (d) provides that if a court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to Health and Safety Code Section 17980.6, upon the entry of any order or judgment, the court shall order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice and Order, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448, ext. 126. Dated: 06/17/2008 uch City Manager 7- OLkf--9 ctqtA i- p-e Qy�oG writs ff Q€ 50TH ANNIVERSARY 1957 - 2007 50TH ANNIVERSARY 1957 - 2007 itt4 s a �jjyq!7 Q7 E o NO. 2 PORTUGUESE BEND ROAD ROLLING WILLS. CALIF. 90274 L—i u of P o&in iU NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 Pr ;;el!nr; CCsCWPr.pe. }oESPOSI, o z 0008,2.8210 .!O '- MAILED FROM ZIP( Illilllll li1111IIIllllll Mr. Alan Sheen 2063 Toluca Avenue Torrance, CA 90503 SHEES03 X 900 NCC 1 507C 02 06/1 - FORWARD TIME EXP RTN TO SEND SHEEN PO BOX 1433 TORRANCE CA 90.505-0433 RETURN TO :SENDER 1 J, J)1l ),,,,, l,) ),,, ), J„l, ),1,,, , l l l , l„J,1 „1, J„1,1,,,1 J, prjzs Tn,y"'y"atGnm ivT 7005 1820 0008 3440 622 =• 0003828230 !uI kip FROM ZIP C 111111111111111111 111111111 Mr. Alan Sheen 20130 Toluca Avenue-, Torrance, CA 90503, SHE1 503 X 900 N4C 1 f.O7C 02 06/1 FORWARD TIME EXP RTN TO SEND SHEEN PO BOX 1433 TORRANCE CA `3O5O5-o433 RETURN TO SENDER Notice of Violation Order to Repair and Abate Page 1 of 7 NOTICE AND ORDER TO REPAIR OR ABATE VIA POSTING, CERTIFIED MAIL RETURN RECEIPT AND FIRST CLASS MAIL Owner: Mr. Alan Sheen Address: 2063 Toluca Avenue Torrance, CA 90503 [Notice also served on attached service list by first class mail on legal counsel for lenders of record.] LEGAL NOTICE AND ORDER of the City of Rolling Hills regarding: Property: 1 Poppy Trail Rolling Hills, CA . 90274 Lot Number: Lot 90-B-RH You are hereby notified that the structure and property at the above location is substandard pursuant to Health and Safety Code Section 17980.6, the Rolling Hills Building Code and all other applicable laws. This structure is not habitable and is considered substandard. It must remain vacant and secured until repairs are completed and the required inspections and final occupancy approval is obtained. VIOLATIONS The following conditions are violations of the California Health and Safety Code ("H&SC") and the Rolling Hills Municipal Code ("RHMC"): Health and Safety Code Violations The Property is substandard because it violates the following provisions of Health and Safety Code Section 17920.3 as follows: 1. The residence has improper water closets and bathtub. [This building is substandard housing as defined in H&SC Section 17920.3(a)(1).] Notice of Violation Order to Repair and Abate Page 2 of 7 2. The residence lacks hot and cold running water to plumbing fixtures. [This building is substandard housing as defined in H&SC Section 17920.3(a)(5).J 3. The residence lacks adequate heating because it lacks a functioning heating unit. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 4. The residence lacks required electrical lighting. [This building is substandard housing as defined in H&SC Section 17920.3(a)(6).] 5. The residence is generally dilapidated and improperly maintained. [This building is substandard housing as defined in H&SC Section 17920.3(a)(13).] 6. The residence has deteriorated flooring. [This building is substandard housing as defined in H&SC Section 17920.3(b)(2).] 7. The residence has deteriorated door frame. [This building is substandard housing as defined in H&SC Section 17920.3(b)(4).] 8. The residence has deteriorated ceiling members. [This building is substandard housing as defined in H&SC Section 17920.3(b)(6).] 9. The residence and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. [This building is substandard housing as defined in H&SC Section 17920.3(c).] 10.The residence has unsafe and hazardous electrical conditions because the cover plates are missing in several. [This building is substandard housing as defined in H&SC Section 17920.3(d).] 11. The residence has plumbing that is. disconnected and several plumbing fixtures are missing. [This building is substandard housing as defined in H&SC Section 17920.3(e).] 12.The residence has holes and gashes in several interior walls throughout dwelling, and portions of plaster on ceiling in dining area are crumbling. [This building is substandard housing as defined in H&SC Section 17920.3(g)(1).J 13.The residence has mold on portions of the ceiling and wall indicating either possible roof damage and ineffective waterproofing OR ineffective plumbing. [This building is either substandard housing as defined in H&SC Section 17920.3(g)(2) or (e).] Notice of Violation Order to Repair and Abate Page 3 of 7 14.The residence has approximately six broken plate glass windows (including glass doors) so the house has ineffective waterproofing. [This building is substandard housing as defined in H&SC Section 17920.3(g)(2).] 15.The residence has overgrown vegetation throughout property that, in the opinion of the Assistant Chief of the Fire Department, is in such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause. [This building is substandard housing as defined in H&SC Section 17920.3(h).] 16.The residence has overgrown vegetation throughout property causing a health and safety hazard in that it is a nesting grounds for spiders, rats and other rodents. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 17.The residence has scattered junk, trash and debris throughout the exterior of the property constituting fire, health and safety hazards. [This building is substandard housing as defined in H&SC Section 17920.3(j).] 18. The residence has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. [This building is substandard housing as defined in H&SC Section 17920.3(1).] 19.The residence has hazardous waste materials stored in the stables causing a fire hazard. [This building is substandard housing as defined in H&SC Section .17920.3(1).] 20.The residence has discarded boxes, trash, junk, clothing and miscellaneous objects stored and strewn in the garage, causing a nesting ground for spiders, rats and other rodents which creates a health and safety hazard. [This building is substandard housing as defined in H&SC Section 17920.3(1).] Rolling Hills Municipal Code Violations The Property is substandard because it violates the following provisions of the Rolling Hills Building Code (Los Angeles County Code, Building Code (Title 26) which is incorporated by reference into the Rolling Hills Municipal Code by Rolling Hills Municipal Code Section 15.04.010) as follows: Notice of Violation Order to Repair and Abate Page4of7 Section 9905.1 The building on the Property is a substandard building as defined by Section 9903.1 which provides: "Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be substandard building." 2. Section 9904.6.3 and 9905.14: The Property is unsightly dueto lack of proper maintenance and neglect of premises. 3. Section 9904.14: The dwelling and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. 4. Section 9905.3 and 9904.6.3: The dwelling has approximately six broken windows and broken glass doors constituting hazardous conditions, faulty weather protection and inviting trespassers and malicious mischief. 5. Section 9905.4 and 9904.8: The Property contains overgrown vegetation throughout property causing fire hazard, constituting a nesting grounds for spiders, .rats and other rodents, also causing detriment to neighboring properties and property values. 6. Section 9905.15: The Property has scattered junk, trash and debris throughout the exterior of the property. 7.. Section 9905.5 and 9904.8: The Property has stagnant water in pool, jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. 8. Sections 9904.3.2 and 9904.5.1: The Property has electrical and thermostat cover plates missing in several locations causing unsafe and hazardous conditions. 9. Section 9904.5.1: Dwelling lacks functioning heating unit. 10. Section 9904.3.1 and 9904.3.2: Dwelling lacks functioning electrical lighting and has exposed electrical wiring causing unsafe and hazardous conditions. Noticeof Violation Order to Repair and Abate Page 5 of 7 11. Section 9904.1.1: The dwelling lacks s hot and cold running water to. plumbing fixtures. 12. Section 9904.4.1: The dwelling has broken or damaged water closets, unable to flush accumulated human waste due to lack of running water and broken flushing device. 13. Section 9904.4.1: The dwelling has disconnected plumbing and lack • of plumbing fixtures: 14. Section 9904.4.1: The dwelling .has an unsanitary, damaged bathtub. 15. Section 9904.2.2: The dwelling has damaged interior floor covering. 16. Section 9904.14: The dwelling has glass scattered throughout bathroom, bedrooms, hallways, entryways and other rooms due to broken glass windows, doors and bathroom mirrors. 17. Section 9904.2.3: The dwelling has holes and gashes in several interior walls throughout dwelling. Further, portions of plaster on ceiling in dining area are falling indicating possible roof damage. 18. Section 9904:6.3: The dwelling has a damaged interior door frame. 19. Sections 9904.6.1 and 9904.6.2: The dwelling has mold on portions of the ceiling and wall indicating possible roof damage. 20. Section 9904.8: The garage on the Property has discarded boxes, trash, junk, clothing and miscellaneous objects are stored and strewn in garage, causing nesting grounds for spiders, rats and other rodents. 21. Section 9904.11: Hazardous waste materials are being stored in the stables on the Property causing a fire hazard. 22. Sections 8.24.010 and 8.28.010: The slope above the house on the Property has improper drainage that is eroding the slope and is a nuisance. 23. Sections 8.24.010 and 8.28.010: The landslide on the Property is a nuisance. Notice of Violation Order to Repair and Abate Page 6 of 7 THE DWELLING LOCATED AT 1 POPPY TRAIL IS SUBSTANDARD. The City of Rolling Hills has determined that the nature and extent of the violations are such that the health and safety of any occupants and the public is substantially endangered. Pursuant to section 17920.3 of the Health and Safety Code, the City determines and declares the building and the property to be substandard and a public nuisance per se. ACTIONS REQUIRED BY YOU/ORDER TO REPAIR AND ABATE You are required to provide a written plan to abate the public nuisance at the property by June 23rd, 2008, to: City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274; (310) 377-1521. The written plan to abate shall provide for the implementation of the following abatement measures by the time indicated: By July 14th, 2008: 1. Secure or close the house by boarding it up so as to prevent unauthorized persons from gaining access thereto; 2. Clear the property of.overgrowth and dead vegetation; 3. Properly maintain the pool, jacuzzi and water features (fountains) so that they do not provide a nesting ground for mosquitoes; 4. Remove and properly dispose of the hazardous materials in the stables; 5. Remove or properly store debris in garage so that they do not provide a nesting ground for vermin; 6. Install security signage. By July 31st, 2008: 7. Install an 8 -inch drainage pipe to replace the current'8-inch pipe that became inoperable in a recent slope failure. 8. In order to continue monitoring slip on the landslide, install a replace the inoperable inclinometer on the landslide and monitor as appropriately. Ongoing: 9. Maintain, or employ firms to maintain, the vegetation on the Property so that it is not overgrown, ensure security of Property and maintain swimming pool, jacuzzi and water features so that they do not provide a nesting ground for mosquitoes. All necessary permits must be obtained from the Planning and Building Department prior to the start of any work. Notice of Violation Order to Repair and Abate Page 7 of 7 RIGHT OF APPEAL You may also appeal this Notice and Order pursuant to RHMC section 15.04.090, should you disagree with its findings. Any appeal to this NOTICE AND ORDER TO REPAIR OR ABATE must be made in writing within 30 days of the date this notice is posted to City Manager, City of Rolling Hills, No. 2 Portuguese Bend Road, Rolling Hills, California 90274. Upon receipt of your written request, a hearing will be scheduled to hear objections as to why this Notice is not valid. FAILURE TO COMPLY WITH THIS NOTICE Failure to comply with this Notice and Order to Repair And Abate may result in further enforcement actions such as administrative citations, administrative abatement, civil penalties, reinspection fees, revocation of permits, recordation of_ the notice of substandard housing, withholding of future municipal permits, civil injunction or the appointment of a receiver pursuant to Health and Safety Code Section 17980.7 or any other applicable statute. In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. Further, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the City may seek and a court may order the Property owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice. NOTICE A lessor who receives this Notice cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code. QUESTIONS This case has been referred to the City Attorney's Office. Should you have any questions regarding this Notice and Order, please contact Anton Dahlerbruch, City Manager, Monday through Friday from 8:00 A.M. - 4:00 P.M., except holidays, or in writing at City of Rolling Hills No. 2 Portuguese Bend Road, Rolling Hills, California 90274. You may also call Deputy City Attorney, Elizabeth M. Calciano at 310.643.8448. Anton Dahlerbruch City Manager One Poppy Trail Road (Revised 5-14-08) May 6, 2008 Health and Safety Code 17920.3. Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 and Health and Safety Code 17920.3. to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be substandard building. Any on or more of the following conditions shall constitute substandard property: Section 9905 Substandard Property. Health and Safety Code 17920.3. Section 9904.6.3 9905.13 & 14 Section 9904.14 Section 9905.3 and 9904.6.3 Section 9905.4 and 9904.8 Section 9905.15 Section 9905.15 and 9904.8 Property is unsightly due to lack of proper maintenance Neglect of premises Inadequate sanitation. Improper maintenance. Nuisance (a-13 c & k) Dwelling and surrounding structures are abandoned, vacant, open, vandalized, and accessible to children and others. Nuisance (c) 6 to7 broken windows and broken glass doors constituting hazardous conditions and inviting trespassers and malicious mischief. Faulty weather protection - broken windows and doors (g-2) Overgrown vegetation throughout property causing fire hazard and nesting grounds for spiders, rats and other rodents, also causing detriment to neighboring properties and property values. Accumulation of weeds vegetation, junk, dead organic matter and debris constituting fire, health and safety hazards (h & j) Scattered junk, trash and debris throughout exterior property. Junk, dead organic matter and debris constituting fire, health and safety hazards (h & j) Stagnant water in pool, Jacuzzi and water fixtures (fountains) causing nesting grounds for mosquitoes. Stagnant water constitutes health and safety hazards (j) Page 2 Section 9904.3.2 and 9904.5.1 Section 9904.51 Section 9904.3.1 9904.3.2 Section 9904.1.1 Section 9904.4.1 Section 9904.4.1 Section 9904.4.1 Section 9904.2.2 Section 9904.14 Section 9904.2.3 Electrical and thermostat cover plates are missing in several locations causing unsafe and hazardous conditions. Unsafe electrical conditions (d) and (a-6) Dwelling lacks functioning heating unit. Lack of adequate heating (a-6) Dwelling lacks functioning electrical lighting Lack of required electrical lighting (a-10) Exposed electrical wiring causing unsafe and hazardous conditions. Unsafe electrical conditions (d) Lack of hot and cold running water to plumbing fixtures. Inadequate sanitation lack of hot and cold running water to plumbing fixtures in dwelling. Unsafe plumbing conditions (a-5) Broken or damaged water closets, unable to flush accumulated human waste due to lack of running water and broken flushing device. Lack of water closet (a-1) Disconnected plumbing and lack of plumbing fixtures. Unsafe plumbing conditions (a-5) and (e) Unsanitary, damaged bathtub. Lack of bathtub (a-1) Damaged interior floor covering. Defective flooring (b-2) Glass is scattered throughout bathroom, bedrooms, hallways, entryways and other rooms due to broken glass windows, doors and bathroom mirrors. Improper maintenance (a-13) Holes and gashes in several interior walls throughout dwelling. Faulty wall covering (g-1) Portions of plaster on ceiling in dinning area are falling, possible roof damage. Faulty weather protection loose plaster (g-1) Page 3 Section 9904.6.3 Damaged interior door frame. Structural damage to door frame (b-4) Section 9904.6.1 Mold on portions of ceiling and wall indicating possible roof and 9904.6.2 damage. Lack of weather protection roof covering and damaged/ineffective wall plaster/covering (g-3 and g-4) Section 9904.8 Discarded boxes, trash, junk, clothing and miscellaneous objects are stored and strewn in garage, causing nesting grounds for spiders, rats and other rodents. Accumulation of junk and debris constituting fire and health hazards (j) Section 9904.11 Hazardous waste materials are being stored in barn causing a fire hazard. Combustible materials constitute fire, health and safety hazards (j) Rose Arguello Building Inspector 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ROBERT VALDILLEZ I, Robert Valdillez, hereby declare as follows: 1. I am an Assistant Fire Chief for the Los Angeles County Fire Department. I command the area which includes Fire Station 56. Fire Station 56 provides fire protection services to the City of Rolling Hills. I have held this position for all times relevant to the present matter. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property"). The Property is located in the area I command. I have personal knowledge of the facts set forth in this Declaration 3.. In or around March 20 of 2008, I inspected the Property for fire safety issues. In its current state, the Property presents a significant fire hazard. I saw overgrown brush, surrounding the house and all over the Property. This brush also presents a fire hazard, although this hazard will be abated because the Department's brush clearance division removes such overgrowth annually. In its current state, the overgrown brush is of such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this _ day of June, 2008 at Rolling Hills, California. ROBERT VALDILLEZ ASSISTANT FIRE CHIEF LOS ANGELES COUNTY FIRE DEPARTMENT -1- DECLARATION OF DEPUTY VERONIE STEELE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF VERONIE STEELE-SMALL - I, Veronie Steele -Small, hereby declare as follows: 1. I am a Fire Captain for the Los Angeles County Fire Department, and I have been a fire fighter with the Department for about 20 years. I am one of three captains assigned in rotating shifts to command Fire Station 56. Fire Station 56 provides fire protection services to the City of Rolling Hills. I have held this position for all times relevant to the present matter. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail, Rolling Hills, California 90274 ("Property"). The Property is located in the area I am assigned to protect from fire as part of my responsibilities at Station 56. I have personal knowledge of the facts set forth in this Declaration 3. In or around March 20 of 2008, I inspected the Property for fire safety issues. In its current state, the Property presents a significant fire hazard. It appears to be vacant with a number of windows broken. There is substantial evidence that vandals have entered the inside of the house on the Property and lit candles. There is candle wax melted into the carpet in two rooms on the west end of the home, possible bedrooms as well as soot on the ceiling above the areas of melted candle wax. There are discarded cigarette butts throughout the house. I saw overgrown brush surrounding the house and all over the Property. This brush also presents a fire hazard, although this hazard will be abated because the Department's brush clearance division removes such overgrowth annually when a resident has not complied within the requested time frame. In its current state, the overgrown brush is of such a condition as to provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause.4.. Since the landslide occurred on the Property, fire trucks cannot drive up the driveway leading to the house on the Property because the fire trucks weigh too much. Therefore, in the event of a fire, our firefighters would need to approach the house on foot through the brush. This is a dangerous, and potentially life -threatening procedure, so it is possible that in the event of fire we might determine that safety concerns require that we use extreme caution when advancing fire lines to this property. There is also another house with a flammable wood shake roof above the -1- DECLARATION OF DEPUTY VERONIE STEELE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ROSS BOLTON I, Ross Bolton, hereby declare as follows: 1. .I am a registered civil engineer and President of Bolton Engineering. [Please list any degrees or certifications you have here.] The City ofRolling Hills contracts with my firm to provide professional advice on engineering drainage solutions. I have held this position for all times relevant to the present matter. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property"). I have personal knowledge of the facts set forth in this Declaration 3. The slope above the house on the Property has improper drainage that is eroding the slope. We recommend installing an 8 -inch pipe to replace the current 8 -inch pipe that became inoperable in a recent slope failure. This drainage pipe will rest on the surface of the slope, and is designed to be a temporary solution for up to five years while the Property is vacant and non -maintained. Without proper drainage, the slope will erode and could cause a landslide into the house???? [If this is not correct, please write here the downside to not installing this pipe. Thanks] 4. The estimated cost of installing this drainage is not more than I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this day of April , 2008 at Torrance, California. ROSS BOLTON, P.E.??? BOLTON ENGINEERING -1- DECLARATION OF ROSS BOLTON 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DIJION LOVETT I,_Dijion Lovett, hereby declare as follows: 1. I am a Vector Control Technician II for the Los Angeles County Vector Control District West, and I have been a vector technician for 10 years. I am assigned to Zone 4B primarily to perform mosquito abatement, which includes portions of the South Bay including the City of Rolling Hills. I have held this position for all times relevant to the present matter. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property"). The Property is located in my area of operation. I have personal knowledge of the facts set forth in this Declaration. 3. For the past three years, I have monitored and abated mosquitoes on the Property. I generally visit the Property once every two weeks, and not less often than once per month. Each visit averages approximately 45 minutes, including travel time. 4. There are six potential areas on the Property for mosquitoes to breed: swimming pool, hot tub, driveway pond, pond in front of the house, the pond on the north side of the house and any pools formed 011 the plastic tarps that protect the hillsides from further slides. I inspect each of these areas on my visits to the Property. In the ponds and pool I have added mosquito fish that eat mosquito larvae, but each visit I need to check to ensure that they survive and that there are enough to eradicate the larvae. In the dry season, some of the ponds dry up partially and can no longer support the fish, so then I need to treat the water with chemicals once every two weeks to a month to kill the mosquito larvae. 5. In the summer of 2007, I found that the water had been siphoned out of the pool, and I also found an ipod that I turned into the City. This year the rain filled the pool again, so approximately three months ago I found a hose leading out of the pool for. siphoning. I also found manufactured fire logs in the shallow end of the pool. I also observed a few empty beer bottles and cans around the pool area. 6. I have noticed that the vegetation on the Property is very dry. Even the King Palm trees appear to be dying for lack of water. -1- DECLARATION OF DIJION LOVETT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this day of May _, 2008 at Culver City, California. DIJION LOVETT VECTOR CONTROL TECHNICIAN II LOS ANGELES COUNTY WEST VECTOR CONTROL DISTRICT -2- DECLARATION OF DIJION LOVETT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF BRANDON EPP I, Brandon Epp, hereby declare as follows: 1. I am a Deputy from the Lomita Station of the Los Angeles County Sheriff's Department assigned to lead the Community Resource Team for the City of Rolling Hills, essentially acting as its "town sheriff." I have held this position for all times relevant to the present matter. I have been duly authorized toenforce the laws of the State of California. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail Road, Rolling Hills, California 90274 ("Property"). I have personal knowledge of the facts set forth in this Declaration 3. In the last three years, I have responded approximately five times to complaints from the City Managers of the City of Rolling Hills of trespass and vandalism at the Property. In March of 2008, the City of Rolling Hills City Manager asked me to investigate the Property for vandalism. To respond to that request I investigated the Property on . The Property appeared to be abandoned. I found that there was no evidence of anyone living on the Property. I also found that substantial vandalism had occurred. 4. Approximately 5-10 large windows, measuring approximately 4 feet by 8 feet, were broken in the front and back. Inside the house, wheel track marks were etched throughout the house in the hardwood floor which appeared to be from vandals riding skateboards throughout the house. There were empty alcohol containers throughout the house. There were candles that had been burned. In many places, the dry wall appeared damaged by blunt objects being smashed against the walls. Some of the glass -doors on the kitchen cabinets were broken. 5. I saw a man on the Property taking pictures. I asked him to identify himself. He informed me that he was the owner, Alan Sheen. I asked him if he was taking pictures for his insurance company. He responded that he was not "because this property is a mess." .I recommended that he board up the house. He responded that this would not work to keep people out. I informed him that boarding houses also signals to potential vandals that somebody cares about the property and is watching the Property. I also recommended that he set up security -1- DECLARATION OF DEPUTY BRANDON EPP 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cameras. He responded by stating that security cameras take power, and that the power is cut off to the Property. I declare under penalty of perjury that the foregoing is trueand correct. EXECUTED on this _ day of April , 2008 at Rolling Hills, California. BRANDON EPP DEPUTY LOS ANGELES COUNTY SHERIFF'S DEPARTMENT -2- DECLARATION OF DEPUTY BRANDON EPP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 DECLARATION OF STEVEN. H. KOLTHOFF, CEG I, Steven H. Kolthoff, CEG, hereby declare as follows: 1. I am an Associate Geologist at Group Delta Consultants, Inc in the City of Torrance, California. I have held this position for all times relevant to the present matter. I have from time to time been hired by the City of Rolling Hills to assess the continued slip on the Poppy Trail Landslide. 2. I am familiar with the property owned by Alan Sheen, located at 1 Poppy Trail, Rolling Hills, California 90274 ("Property"). I have personal knowledge of the facts set forth in this Declaration. 3. In 2005, the Property suffered a landslide. The City hired me to place two inclinometers on the part of the Property that the actual landslide is located and additional one on stable ground off the Poppy Trail landslide. An inclinometer is a device that can measure the sub- surface movement of a landslide. It is important to measure the movement of the landslide on the Property to determine if the movement of the landslide has continued to encroach below.. 4. During grading of the back scarp to improve stability of the landslide, two inclinometers on the landslide became inoperable. I replaced one of the inclinometers near the center of the landslide only since monitored movement was most significant at that point. Continued slip of the landslide during grading made the replaced inclinometer inoperable. In order to continue monitoring slip on the landslide, my recommendation is to install a third replacement inclinometer on the landslide and monitor at our recommended intervals. If the aforementioned inclinometer is not re -installed, the magnitude of movement along the landslide slip surfaces or zones of movement relative to stable ground cannot be monitored. The estimated cost to install this inclinometer and get a baseline reading isnot more than $3,900. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on this 2 day of May, 2008 at Torrance, California. STEVEN H. KOLTHOFF, CEG, Associate Geologist Gump Della Cuiisultaiils, Iris -1- DECLARATION OF STEVEN H. KOLTHOFF, CEG 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF STEVEN H. KOLTHOFF, CEG RESOLUTION NO. 1014 A RESOLUTION;OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF. THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A (PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. ;' I THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known ;'ask_1 Poppy. Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new a9 7 resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the -landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered. normal deterioration, in .anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be takenor commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11, 2006 the City posted the notice at the site. Section 2 ' No action to abate the nuisance has been taken by the property owner. Consequently, on Octoter23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. I The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. Theproperty is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property ;demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better' understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Tra l:( i. c. EThe plastic sheeting, sandbags and above -ground drainage devices installed on the property; as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount bf deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into, the. slide planewill likely aggravate the slide, resulting in further damage to the property and the surrounding area. The City's geologist reports; that the protective measures installed in 2005-2006 have been successful in slowing the_ movement of the landslide. d .i Absent restoration of protective measures, the property will represent a continuing thieat to public safety. Section 5. On the'basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and =.constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds tlatby not restoring to good condition the winterization measures installed in 2005-2006 in 4anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the; area. Resolution No. 1014 -1- _,Py---1 d Section 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10,1 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 824.060 of the Municipal Code. Section 7. In the riiisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writineby certified mail and regular mail of the cost of removal of the nuisance and that payment; n full for removal of the nuisance is due to the City within 10 days of the date of mailing of? -the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after; the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. ! ;i Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mailjto the owner of the property located at 1 Poppy Trail. • Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23"' DAY OF OCTOBER, 2006 ATTEST: p / Marilyn Kern { i Deputy City Clerk STATE OF CALIFORNIA ii ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILliS'l ) B. Allen Lay Mayor The foregoing Resolutionihto.1014 entitled: A RESOLUTION On THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A'!PIJBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF fl II was approved and adopted at a.regular meeting of the City Council on October 23, 2006, by the following roll call vote:;jj r; i! AYES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pern'ell and Mayor B. Allen Lay NOES: None. ABSENT: Mayor Pro `Tem James Black. ABSTAIN: None. Resolution No. 1014 Marilyn Kern Deputy City Clerk -2- EXHIBIT A • o 2oP> n� c�>t6 :cc. =c . .•.t J October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheei 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: 1 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE SEND ROAD, ROLLING HILLS. CALIF. 90274 (310)377.1521 FAX: (310) 377-7298 E -ma it: cityolth@aolcom Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that onSeptember 26, 2005, the Rolling, Hills City Council adopted Resolution No.9961aec1aring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved (114,;costs incurred in performing the abatement work and a lien was recorded -against youti property in that amount. Since the above referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from ErosiprifControl Specialists dated September 19, 2006 a setting forth the recomm ended ended winterization work necessary t obeimp lemented on your property to ,� help o• P P ty protect a unst.a v ra anon of the exi • b $g sung landslide as we approach the rainy season. Pursuant to RollingHills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Property.l) "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, athis or her own expense, maintain the.property'place-or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerat aii active landslide to be a public nuisance subject to abatement pursuant to Chapter 8±24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section '.24.030, you are hereby directed to implement the following measures in order toalate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove allidebris on the site (i.e. deteriorated plastic and t• sandbags)' 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices.. Resolution No. 1014 Page 2 You may perform the above work lvith the contractor of your choice, and must do so or commence doing so (and complete the work lvith due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.mjin the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order.;; In the event that it beeoines necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control. Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be;performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity tp.present testimony at that hearing. Should the Council approve the costs, and shouldIyoii not reimburse them to the City, a lien will be recorded against the title to the proper'tyin the amount of those costs, plus the City's administrative and legal expenses incurrYci n implementing the project. ;I In the event that you ;elect not to perform the work yourself, the -City requests that you give your consent to the;City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for wlucI you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at • your earliest convene. nee_ We have forwarded thus': correspondence to all of the known addresses we have regarding this properM We have also posted this letter at the property. I 11 Should you wish to discuss this further, please do not hesitate to call Sincerely, Je ns Acting City Manage MJ:mlk 10-11-06sheen-I tr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bemal, Seriior Building Official Lisa Eckert/Grading Engineer Resolution No. 1014 Page I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I liereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the . work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose; I. understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 10/11/200S 09:39 31064:4441 • Erosion ContTol Specialists EPII:il•1S £ HQGlbl LLP ERCEIC:, CON .. 5PE_ F:.'GGE 03/34 ??CE t32/e3 Ca License -41851583 September 19, 2006 Attn: Mike Jenkins City of Rolling H.i1;1s i; —'2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Dear Mike, j We propose to furnish labor and materials. for the Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages arc in affect on this project and be used according to the currant hourly prevailing wage rate: i I; ;j 1. Site rnobiliza4 ion 2. Debris Removal. This to include removal of all plastic and sand -bans oh the slope and sutroundinq areas, including any extra debris or vegetation, deemed necessary. This includes the staging at a proper area for disposal_ I. but does not include the disposal. (To be preformed by rolling hills - city association ) 3. Installation of UV resistant plastic sheeting to cover the entire slide area" and be covered with. Tenser TRM 450 fiber blankets to reduce uv penetration and; reduce glare from the sun. Plastic sheeting and Tenser material. will be anchored with 12" steel pins and washers. Installation <'ill be preformed based on supplier recommended installation methods. 4. Installation of above around drainage devices as specified by the erosion control plan..] 1. Our price for performing the work is $63,771.00. As soon as we have your approval we can commence This work is an attempt to prevent further- slope ntovauent but, Erosion Control Specialists will not 1e held liable for any further mok'emcnt of the slope and any corresponding dariaae or iglury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integtity. Maintenance services arc not included in this . 1 a Erosion Control Specializtc ra767 viewpoint Ln. Ste 0 074 Huntington Bench, CA (S00)376-1015 (909) 7Sa-96.17 ECSPEC1.4LISTS.COM Resolution No. 1014 -6- ei0_i2E36 1C: 711X4 Er Eroso`o. Control Specialists ci:i:11'•u nOG11J LI P - _=C JO;r ;_ONTECL Ca License/1351583 proposal but cube provided thrownibout the „tiny season -dixua request and based on availability. - Sincerely; .fasori LCcI lin: i. Erosion Control Specialists 909-753-9637: 300-3 7ti-101.5 • Jason@ecspcci alists. c om Ero;on Cnrnrri Speeinlist,1676t \ :enpoiht La Ste 4 n74 linntingtc. Each, Ca (0(10) 376•lots (909) 753-9637 FCSPECLALE.STS.COM P:,GE 03/33 Resolution No. 1014 Sat, Apr 26, 2008 11:32 AM Subject: FW: 1 Poppy Trail Substandard conditions Date: Friday, April 25, 2008 4:09 PM From: Itani, Roy (Riad) <RITANI@dpw.lacounty.gov> To: <ys@cityofrh.net> Conversation: 1 Poppy Trail Substandard conditions f.y.i. Roy Itani, P.E. District Engineer/Office Manager County of Los Angeles Building and Safety Division Lomita/Lennox District Office 24320 S. Narbonne Ave Lomita, CA 90717 (310) 534-3760 (626) 261-2069 MOBILE (310) 530-5482 FAX ritani@ladpw.org Original Message From: Itani, Roy (Riad) Sent: Friday, April 25, 2008 4:09 PM To: 'Elizabeth M. Calciano' Cc: Herbert, Curtis Subject: RE: 1 Poppy Trail Substandard conditions Elizabeth, the property has overgrown vegetation throughout, broken windows and doors, stagnant water, trash, junk and debris (discarded household items). Here are the city codes that likely apply to the property at 1 Poppy Trail that you can reference in your report: SECTION 9904 - SUBSTANDARD CONDITIONS9904.8 Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute undue fire, health or safety hazards. (Ord. 99-0040 § 77 (part), 1999.) 9904.14 Abandoned Buildings. All buildings or portions thereof which are abandoned, open or vandalized or both. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9905 - SUBSTANDARD PROPERTY 9905.3 Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief. (Ord. 99-0040 § 77 (part), 1999.) Page 1 of 7 9905.4 Overgrown vegetation causing detriment to neighboring properties or property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.5 Dead trees, weeds and debris: 1. Constituting unsightly appearance, or 2. Dangerous to public safety and welfare, or 3. Detrimental to nearby property or property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.9 Broken or discarded furniture and household equipment in yard areas for unreasonable periods. (Ord. 99-0040 § 77 (part), 1999.) 9905.14 Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480. (Ord. 99-0040 § 77 (part), 1999.) 9905.15 Property, including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following: 1. Lumber, junk, trash or debris, 2. Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, 3. Stagnant water, or excavations, or 4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location. (Ord. 99-0040 § 77 (part), 1999.) Let me know if you have any questions. Roy Itani, P.E. District Engineer/Office Manager County of Los Angeles Building and Safety Division Lomita/Lennox District Office 24320 S. Narbonne Ave Lomita, CA 90717 (310) 534-3760 (626) 261-2069 MOBILE (310) 530-5482 FAX ritani@ladpw.org Original Message From: Elizabeth M. Calciano [mailto:ecalciano@localgovlaw.com] Sent: Monday, April 14, 2008 11:40 AM To: Itani, Roy (Riad) Cc: Herbert, Curtis Subject: FW: 1 Poppy Trail Substandard conditions Page 2 of 7 I work in the City Attorney's office for the City of Rolling Hills We are in the process of applying to the court for a more long-lasting solution to the maintenance of property issues at 1 Poppy Trail Road in Rolling Hills. One of the alternatives we want to present the court is a receivership. In order to request such a receivership, we need to establish the substandard nature of the property for the court and the ongoing maintenance issues we have had. We are NOT focusing on the landslide issues at this time, as our most pressing concerns are with the current public nuisances of the vacant house, fire danger, drainage issues and public safety issues. Obviously, I am contacting your colleagues at fire,sheriff's, etc. with regard to those issues. However, I also need to address the substandard nature of the actual building and grounds in Health and Safety Code section 17920.2, pasted below. I know that a number of the subsections apply (broken windows, general dilapidation and lack of maintenance, etc.) but I need a Building Official to establish these facts for the court in a declaration. Please let me know which subsections listed below apply to 1 Poppy Trail and why so I can prepare the declaration. It might be easiest to just reply to this email and insert below each subsection the relevant facts if it applies. When you are back from vacation, please contact me on my cell phone at 626-437-3865 so that we can discuss this case. I am not sure whether you have inspected the actual house, and I want to discuss these issues with you. Thanks, Elizabeth M. Calciano Jenkins.& Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: (310) 643-8448, ext. 126 Fax: (310) 643-8441 ECalciano@LocalGovLaw.com www.LocalGovLaw.com <file://www.LocalGovLaw.com> Page 3 of 7 This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to which it is addressed. If you believe that this message has been sent to you in error, please (i) do not read it, (ii) reply to the sender that you have received the message in error, and (iii) erase or destroy the message. To the extent that this email message contains legal advice it is solely for the benefit of the client(s) of Jenkins & Hogin, LLP represented by the Firm in the particular matter that is the subject of this message and may not be relied upon by any other party. Health and Safety Code 17920.3. Substandard building; conditions Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting. Page 4 of 7 (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer._ (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (b) Structural hazards shall include, but not be limited to, the. following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe' condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. Page 5 of 7 (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weatherprotection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofmg of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those which are specifically allowed or approved by this code, and which have been adequately maintained in good and safe condition. (j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, " garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (1) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire -resistive construction or fire -extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire - resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. Page 6 of 7 (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. "Substandard building" includes a building not in compliance with Section 13143.2 <http:// web2.westlaw.com/find/default.wl? tf=-1&rs=WLW8.04&fn=_top&sv=Split&tc=-1&find type=L&docname=CAHSS13143.2&db=1000213&vr=2.0&am p;rp=%2ffind%2fdefault.wl&mt=California> However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. Page 7 of 7 1,. JENHINS & HOGIN, LLP A LAW PARTNERSHIP MICHAEL JENKINS CHRISTI HOGIN MARK D. HENSLEY BRADLEY E. WOHLENBERG KARL H. BERGER GREGG KOVACEVICH JOHN C. COTI1 LINDA A. BURROWS LAUREN B. FELDMAN MANHATTAN TOWERS 1230 ROSECRANS AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310)643-8448 • FAX (310) 643-8441 www.LocALGovLAw.com March 19, 2007 Charles L. Murray III, Esq. PACIFIC MUTUAL BUILDING 523 West Sixth Street, Suite 702 Los Angeles, CA 90014 Reference: Sheen v. Rolling Hills Dear Charles: By WRITER'S EMAIL ADDRESS: JCorn LOCALGOVLAW.COM (r.T_Pffc MAR 2007 CITY OF ROLLING HILLS This letter follows our conversation of Thursday, March 15, 2007, wherein I informed you about certain conditions existing on Mr. Sheen's property at 1 Poppy Trail. On Wednesday, March 14, 2007, the City received a complaint from a neighbor who indicated that there appeared to be someone living in the main residence. The property, including the main residence, has been red -tagged and deemed unsafe by the City's building official. The City was made aware of two other issues that require immediate attention. There are four water features on the property and at least three currently have standing water. Of course, standing water provides a breeding ground for mosquitos and other disease -carrying insects. In addition, the property is overgrown with dead and dry vegetation which poses a fire danger. You indicated in our conversation an intention to have Mr. Sheen remedy the property maintenance issues existing on the property. The City needs Mr. Sheen to address these issues by April 23, 2007 or the City will be forced to bring a code enforcement action. JENKINS & HOGIN, LLP Charles L. Murray III, Esq. PACIFIC MUTUAL BUILDING March 19, 2007 Page 2 As I am sure you are aware, there has been enormous difficulty in dealing with Mr. Sheen due to his pro per status. It is nice knowing you are on the case and it was a pleasure seeing you in court on Wednesday. Thanks in advance. Very truly yours, •Z C. Cotti cc: Anton Dahlerbruch Mar 11 07 11:14a p.2 ECS Erosion Control Specialists Tony Dalerhbrauch The City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dear Tony- �� FiNo MAR 2007 CITY OF ; ROLLI G HILLS By 1 am requesting the City of Rolling Hills to send a check for all money currently owed to ECS, directly to Contech Construction Products for materials used on the poppy trail project. If you have any questions please feel free to contact me at 714-661-8468. Sincerely, P.O. Box 1626 Huntington Beach,CA 92648 714-661-8468 Tax 714-849-6053 ecspecialists.com i%0\` s is®113 CONSTRUCTION PRODUCTS INC. 9025 Centre Pointe Drive, Suite 400 West Chester, OH 45069 Phone: 513/645-7454 Toll Free: 800/338-1122 www.contech-cpi.com 1Litr'',a%s. f�'off ss . t1, --- MAR S 2027 CITY OF HOLING HILLS March 12, 2007 Mr. Tony Dahlerbruch City of Rolling Hills 1/4 RE; Poppy Trail Mitigation project Dear Tony: Per our conversation, Erosion Control owes CONTECH CONSTRUCTION PRODUCTS $42,754.82 covering material that was supplied from 12/22 to 2/22/07. Please use this letter as authorization to overnight the check to my attention at the above address. Send the check via Federal Express and mark the envelope as "PRIORITY" and our acct. # 128562141. If any additional information is needed, please give me a call at 513-645-7454. Sincerely, James A. Uthe Senior Credit Representative INN()VATIVF SITF.nl 1ITIfNS R ST()RMWATFR MANA(,FMFNT a RESOLUTION NO. 1014 1 A RESOLUTION,; OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE AA' PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as -1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new ;iy resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in;nnticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken;'or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October;11, 2006 the City posted the notice at the site. ; Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. :E Section 3. Based staff reports, presented uP related documents and the evidence at the time of the hearing, the City Council makes the following findings of fact g g g a. I The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the propertydemonstrate that the single family residence remains uninhabited. b. E Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better :understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail.: c ; 1 ,The plastic sheeting, sandbags and above -ground drainage devices installed on the property; as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting. in further damage to the property and the surrounding area: The City's geologist reports, that the protective measures installed in 2005-2006 have been successful in slowing the inovement of the landslide. . f i d. 1 Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds aria determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds thatlby not restoring to good condition the winterization measures installed in 2005-2006 in!anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- Section 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10,;2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described, deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8.24.060 of the Municipal Code. ii Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing-lby certified mail and regular mail of the cost of removal ofthe nuisance and that paymentin full for removal of the nuisance is due to the City within 10 days of the date of mailing of !t4 notice. If the total cost of abating the nuisance is not paid to the City within 10 days after: the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a hen upon the property. Section 8 The ;City Clerk is hereby directed to send a copy of this resolution by certified and regular mail`td the owner of the property located at 1 Poppy Trail Section 9. This resolution shall take effect immediately on October 23, 2006. 1 u1 PASSED, APPROED V AND ADOPTED THIS 23' DAY OF OCTOBER 2006 l ATTEST: 11 ! :11 Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA 111 COUNTY OF LOS ANGELES CITY OF ROLLING HILIliS. i l l The foregoing Resolution No. 1014 entitled: A RESOLUTION ;O1;; THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A'PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF i iI was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: ill AYES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Penell and Mayor B. Allen Lay NOES: None. B. Allen Lay Mayor 1 ]i ABSENT: Mayor Pro .Tem James Black. 11 SS ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 -2- EXHIBIT A NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF: 90274 (310)377-1521 October 11, 2006 FAX: (310) 377.7298' 1 E-mail: cilyohhro aoi.com VIA CERTIFIED AtND REGULAR MAIL IVI.r. Ying Ching Sheen Mr. Alan Sheen Mr. Alan Sheen 1 Poppy Trail it l 1 Poppy Trail 20603 Toluca Avenue Rolling Hills, CA 90274 Rolling Hills, CA 90274 Torrance, CA 90503 I, ;_ Dear Mr. Sheen I You will recall thatonSeptember 26, 2005, the Rolling Hills City Council adopted Resolution No: 996; declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, he City Council approved the'costs incurred in performing the abatement work and a lien was recorded: against yo11 in that amount - Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimising intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion' Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect againstjaggravation of the existing landslide as we approach the rainy season. ,1 ' Pursuant to Rolling1H)11s Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Pro er, f; ty "every person who owns or is in possession of any property, P ;) place or area within the boundaries of the City shall, at his. or her own expense, maintain the propertyjplace or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerate; an active landslide to be a public nuisance subject to abatement pursuant to Chapterj8:24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. ,, I' Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to`abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all !debris on the site (i.e. deteriorated plastic and sandbags)! - 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steelpins and washers. 3. Install above -ground drainage devices. Resolution No. 1014 -3- You may perform the:above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m.iir- the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order.;! In the event that it becoines necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be!prformed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity topresent testimony at that hearing. Should the Council approve the costs, and shouldyou not reimburse them to the City, a lien will be recorded against the title to the properi'tyn the amount of those costs, plus the City's administrative and legal expenses incurredan implementing the project. In the event that you elect not to perform the work yourself, the -City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent please sign on the line below and return this letter to me at your earliest convenien:e. We have forwarded thus: correspondence to all of the known addresses we have regarding this propertyi.We have also posted this letter at the property. Should you wish to difscuss this further, please do not hesitate to call. .Sincerely, C,, :` e1 Jen�lns. • ; .:i Acting City Manager; MJ:mlk I0-11-06sheen-Itr.doc cc: City Council ' 3 Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, Dist$id Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Resolution No.1014 -4- I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I Hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose I understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 -5- - 10/1 1 /2G1J5 09: 39 31.0•E-.4:.9.4 JElil:il•ls HOGIII LLP ERosio:`I sFEc. Erosion Control Specialists • PAGE 0.3104 ' GE t-)2/03 Ca License x851583 September 19, 2006 a• Attu: Mike Jenkins I. City of Rolling Hills Portuguese Bend Fd. Rolling Hills, Ca 9:0271 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with indu try standards and will comply with all laws. 1?reviailine wages arc in affect on this projeci and be used according to the curr-•nt hourly prevailing wane rate. • 1. Site mobilization 2. Debris Rernoval. This to include removal of all plastic and sand -bags on the slope ar_d'sirrounding areas, including any extra debris or vegetation deemed necessry. This includes the staging_ at a proper area for disposal but does not include the disposal. (To be preformed by rolling. hills city association:) 3. Installation of U V resistant plastic sheeting to cover the entire slide area' and be coverd, wiflh. Tensor TRM 450 fiber blankets to reduce uv penetration and; reduce glare from. the sun. Plastic sheeting and Tensor material will be anchored with 12" steel pins and washers. Installation c i11 be preformed based on supplier recommended installation methods. 4. Installatdon of above ground drainage devices as specified by the erosion control plan. I Our price for perfoo rriing the work is $63,771.00. As soon as we have your approval we - can commence wdrk i' This work is an attetiipt to prevent further slope movement but, Erosion Control Specialists will not Ic beld liable for any further mo<<cmcnt of the slope and any corresponding darilagc or injury relating to such. I • .1 It is highly r-ecomtnended that the plastic sheeting and corresponding drainage system be maintained througuout the rainy season. The treasures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this Eros'r: n Control S icciali•.tc 1(761 'Viewpoint Ln. Ste 0 074 Fntntlnaton Bench, Cn (S00) 376-1015 (?09) 7S3-9637 ECSPECIALISTS.CO:f Resolution No. 1014 -6- 1E1/ 1112006 OS: c3 Erosion. Control Specialists .E1:1:11:.3 H d 111 LL? EFOSIO t ONff^.L SF - Ca License 451583 proposal but can:be provided throunbout the ntiny season fin request and based on availability. Sincerely, .fasor kiln: Erosion Control Specialists 909-753-9637 800-376-10151 Jason@ecspccialists.com Ero;on Cnntrnl Specialistp 16761 Via wpoint La_ Sic 4 074 Snntingirn Ecac!, Ca (000) 37G -tots (°0?) 7539(.37 ECSPECGILi.SIS.Coi`t PAGE 3133 Resolution No. 1014 -7- 01/2006 00:57 7148496063 EROSION CONTROL SPEC PAGE 01/02 InaErosion Control Specialists FACSIMILE TRANSMITTAL SHEET Tony PROM: Jason Locklin ICS COMPANY: City of Rolling Hills DATE,: 11/1/2006 PAX NUMBER: 310-377-7288 'J't)'I'AI, NO. OP PAGP5 INCLUDING CuVISR: 2 PiIONT', NUMBER: 310-377-1521 SI NDI1R'S RI?PI?kl?NCI: NUMBER: : RI: invoice fo.i rcpair work Y?)UR R1MiRIiNCIi NIJMIij R: ❑ I.rnGpN'1' El poR itHvil:w I}.1.1::1SF; CoMMI,N.1: ❑ P1 l .ASl? RIRPT,Y El NOTIiS/COMMENTS: Thank you., please call if there are any questions. Jason Locklin t67('1 VTPWPt)lN'i' T N. ii.11744 HIUN'I 1NGTON ITCH, CA 92647 800-.976-1015 0141.1, 909-753-9637 PAX 714-849-6116_; RCSPRCTALTS9'S,COM 4/..01/2006 00:57 7148496063 EROSION CONTROL SPEC PAGE 02/02 ECS Erosion Control Specialists November 1, 2006 ,Attu: lvlilce Jenkins City of Rolling .Hills #2 Portuguese Bend Rd. R.ol ling Hills, Ca. 90274 Ca License #851583 Dear Mike, We propose to furnish labor and materials for the Poppy .Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with a.1.1. laws. Prevailing wages are in affect on this project and be used. according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. Th.is to include removal of all sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This will EXCLUDE the removal of the existing plastic. This includes the staging at a proper area' for disposal but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of UV resistant plastic sheeting to cover th.e entire slide area and be covered with. Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. 4. Installation of above ground drainage devices as specified. by the erosion control plan. Our price for performing the work is $67,651.00. As soon as we have your approval we can commence work. This work is an attempt to prevent further slope movement but, Erosion Control Specialists will not be held liable for any :further movement of the slope and any corresponding damage or injury relating to such. Erosion Control Specialists 16761 VieiNpoint Ln. Ste g 074 Huntington Bench, CA (BO) 376-1015 (909) 753-9637 ECSPECIALJSTS.COM iY • RESOLUTION NO. 1014 A RESOLUTION..OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be tak&n or commenced (and completed with due diligence) by October 23, 2006, otherwise the City. Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11, 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October 123, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, die City Council makes the following findings of fact: a. ! The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better ;understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail.': c. The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area: The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the: movement of the landslide. d. Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that!by not restoring to good condition the winterization measures installed in 2005-2006 in!anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the: area. Resolution No. 1014 -1- r Section 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10; 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8'24.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing!jby certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of notice. If the total cost of abating the nuisance is not paid to the City within 10 days after; the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a.stateinent of the total balance due to the City, which shall constitute a lien upon the property. _s Section 8 The ICity Clerk is hereby directed to send a copy of this resolution by certified and regular mail: to the owner of the property located at 1 Poppy Trail. ,I ii Section 9. This`resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23'd DAY OF OCTOBER, 2006 ATTEST: Marilyn Kern Deputy City Clerk ,j STATE OF CALIFORNIA '11. COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS B. Allen Lay Mayor The foregoing ResolutionNo.1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE qONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE APUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF 4. I Sf was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote:11 AYES: Councilmembers 'Thomas Heinsheimer, Frank E. Hill Godfrey Pennell and Mayor B. Allen Lay NOES: None. i! ABSENT: Mayor Pro 'Te'in James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 -2- EXHIBIT A c4 a RoaLLngjelA i� r•:c, =c: .. _ October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen Mr. Alan Sheen 1 Poppy Trail ;! 1 Poppy Trail Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (3101377-1321 - FAX: (310) 377.7238 Email: cilyofrh7 aol.com - Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that i n September 26, 2005, the Rolling Hills City Council adopted Resolution No.996idedaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved the'costs incurred in performing the abatement work and a lien was recorded. against your'property in that amount. Since the above -referenced improvements were installed on the property, they have. suffered a certain aindunt of normal deterioration. With the approach of the 2006-2007 winter/rainy season, 'the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion' Control Specialists dated September 19, 2006 setting forth the recommended►vinterization work necessary to be implemented on your property to help protect againsOaggravation of the existing landslide as we approach the rainy season Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Propery) "every person who owns or is in possession of any property, place or area within tie boundaries of the City shall, at his or her own expense, maintain the prope>ty .place -or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter18 )24.. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. ;; Pursuant to Section 3.24.030, you are hereby directed to implement the following measures in order toaiate conditions on your property that will potentially aggravate and accelerate the existing landslide: 11 1. Remove alli'debris on the site (i.e. deteriorated plastic and. sandbags}l 2. Install UV r?sistant plastic sheeting covered by Tensar TRM 450 fiber 1%Iankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Resolution No. 1014 -3- cc: Page 2 You may perform theab;ove work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing %vitt be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.imiiri the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing boes. forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order.; s .1 In the event that it becoi -ies necessary for the City to perform the abatement xvork, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for is performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will belperformed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should ycin not reimburse them to the City, a lien will be recorded against the title to the proper 'tyn the amount of those costs, plus the City's administrative and legal expenses incurredjin implementing the project. In the event that -you elect not to perform the work yourself, the -City requests that you give your consent to the!City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for wvl icl you'are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. 41 We have forwarded this correspondence to all of the known addresses we have regarding this property We have also posted this letter at the'property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, MJ:mlk. 10-11-06sheen-Itr.doc City Council Rolling Hills Cpriimunity Association Mike Reader, Group Delta Consultants Roy Itani, Distiet Engineer Rafael Bernal, Senior Building Official Lisa Eckert/G-ailing Engineer o b j Resolution No. 1014 -4- I warrant and declare that I.am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I Hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose I understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 -5- 10/11/200E, Oti: 39 -31064444i iElil:iHS HOGI1I LLP ERDSICN co:i- SFEC Erosion Control Specialists Ca License #8551583 September 19, 200E j. f , Attn: Mike Jeri ins ! City of Rolling Hills ' L•2 Portuguese Bend Rd - Rolling Hills, Ca x0274 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, ca. These services will be completed in accordance with indu_st y standards and will comply v.-ith all laws. 1?reviailina wanes arc in affect on this project and be used according to the currant hourly pre ailing wage rate. - 1 4. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope arid! surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association:) Installation of TjV resistant plastic sheeting to cover the entire slide area' and be covered with. Tensor TRM 450 fiber blankets to reduce uv penetration and reduce glare from. the sun: Plastic sheeting and • - Tensar rnaterial will be anchored with 12" steel pins and washers. Installation r+zll be preformed based on supplier recommended installation methods. 4. Installa*don of above ground drainage devices as specified by the erosion control plan- I Our price for perforriiing the work is $68,771.00- As soon as we have your approval we can commence wrirkii. 1; This work is an atie.mpt to prevent further• slope Novea]ent but, Erosion Control Specialists will noit 1c held liable for any funber mo'vcmcnt of the slope and any corresponding darilage or injury relatinz to such. • It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throug3out the rainy season. The measures axe temporary and must be maintained to keep there proper integrity- Maintenance services are not included in this • l ; Erosion Control Spcclalictc fM61 Viewpntnt Ln. Ste # 074 Runtinaton Bench, CA (500) 376-1015 i, (909) 753-9637 ECSPECIALISTS.COa1 PAGE 33/34 SCE =2/83 Resolution No. 1014 -6- 1.0/.:1:-.72.C.236 16:"1 ;te 43E= 4i 7148a3Er Erasion Control Specialists HOGIII Li F; E iJ3It ' coN'fi::CL- Ca License #4.51583 proposal but can be provided throughout the rainy season ulro.t request and based on availability. Sincerely, .fasorl.Lcfcklin; Erosion Control Specialists 909-753-9637: 800-37t5-101 Jason @ecspcci alists.com Eroaon Cnntrrt Spccialia@ 16761 \ 7enpoint La. Ste 4 (174 Aaati n^tt'n Ecach, Ca (EQ0)376-1013 (-sns)75.3-9637 TCSPECI.LCSTS.COM f':.1r_ '03 Resolution No. 1.014 -7- CONSULTANTS GROUP Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, California 90274 DELTA! Attn: Geotecienical Engineering Geology liythr.Geology Eartt:G:t:r„ Engineering Materials T esting- & Inspection Forensic S:e;vices Subject: Anton Dahlerbruch, Acting City Manager Nuisance Abatement at 1 Poppy Trail Road Winterizing Poppy Trail Land Slide Rolling Hills, California Mr. Dahlerbruch: Project No. L-599 B October 11, 2006 After reviewing your recent nuisance abatement fax for Poppy Trail #1, GROUP DELTA CONSULTANTS, INC. (GDC) has determined that it is still necessary for the landslide winterization to be maintained since the Poppy Trail Landslide is not repaired or stabilized. If surface waters percolate into the subsurface due to lack of appropriate landslide winterization, renewed movement could develop. During a site visit in September, GDC noticed that the plastic sheeting covering the landslide was starting to breakdown, turn brittle, and crack from heat and ultraviolet radiation exposure. As past reported, the inclinometer data illustrating movement of the landslide down slope slowed down to stopped after winterizing the landslide. It is recommended that the landslide needs to be winterized by removing all the existing plastic sheeting and sandbags. After the existing sheeting and sand bags are removed, new plastic sheeting can be applied to the landslide surface. A Tensar TRM 450 fiber blanket can be applied over the new plastic sheeting per manufacture or representative details or recommendations. If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, C.E.G. N:\Projects\500-599\Lr599 Rolling Hill Poppy Trail Landslide\L-599B Memo 10-11-06.doc 2291 W. 205`` Street, Suite 105 * Torrance. cA 90501-1459 + Tel (3101) 320-5100 * Fax (310) 320-2118 Aliso Viejo* (949) 609-1020 *www.GroupDelta.com• San Diego* (858) 524-1500 K TRANSMISSION VERIFICATION REPORT TIME : 10/2012006 14:23 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BR0G5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 10/20 14:22 CITY ATTORNEY 00:01:03 02 OK STANDARD ECM City INCOPPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. B0274 (310) 377-1521 FAX: (316) 377.7288 E-mail; cilyofrhgaol.com FAX COVER SHEET DATE: )0)9-0 )+3C. TOE TIME SENT; FAX: OPERATOR: SUBJECT; \-,z,vt\A.'' REMARKS: 10/11/2006 09:39 3106438441 Lit uDi znnu /14861Y60 63 JENKINS & HOGIN LLP EROSION CONTROL SPEC PAGE 03/04 PAGE 02/03 ECS Erosion Control Specialists September 19, 2006 Attn: Mike Jenkins City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Ca License #$51583 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages are in affect on this project and be used according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding areas, including auy extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal, (To be preformed by rolling hills city association.) 3. Installation of LTV resistant plastic sheeting to cover the entire slide area* and be covered with Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Tern material will be anchored with 12" steel pins and washers. Installation will be prefoi nci.ed based on supplier reeomunended installation methods. 4. Installation of above ground drainage devices as specified by the erosion control plan. Our price for performing the work is $68,7'71.00. As soon as we have your approval we can commence work. This work is an attempt to prevent further slope movement but, Erosion Control specialists will not be held liable for any further movement of the slope and any corresponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this Erogien Control Speclalistc 1,6763 viewpoint Ln. Ste # 074 Huntington ,i3e c h, Cn (800) 376401$ (909)7M-9637 ECSPECMLISTS.COM 1©/11/2©06 ©9:39 3106438441 10/09/2006 1G:25 7148496063 JENKINS & HOGIN LLP EROSION CONTROL SPEC PAGE ©4/04 PAGE 03f 03 Erosion Control Specialists Ca License 51583 proposal but can be provided throughout the rainy season upon request and. based on availability. Sincerely; Jasozf�L lcliz� trosion Control Specialists 909-753-9637 &00-376-1015 Jason@ecspecialists. corn Erosion Control Specialists 16761 Viewpoint La Ste #il74 Thintiagivn Tknch, Ca (BfO)376-10I5 (909) 753-9637 TCSPECIALIETS.COM Ew , Nikodem Mon, Mar 24, 2008 8:36 AM Subject: Boarding up_ contractor info Date: Friday, March 21, 2008 5:02 PM From: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> To: Anton Dahlerbruch <adahlerbruch@cityofrh.net>, Marilyn Kern <mkern@cityofrh.net> Conversation: Boarding up_ contractor info Tony, Evie contacted the following contractors today: • AAA Speedy Boad-up, 562-602-0555 Mr She spoke with Jim, they charge $185 /1st window or door and $68 each additional window or door. Price includes all sizes of doors and windows, all labor and materials. • Budget Board Up, 818-362-1264 or 800-654-2513 1 ; 9a ; ia'told her that they charge $87.50 to come out and $80 per opening. • Sheriff AAA -Glass & Mirror, 310-314-5277 Does not charge to come out. Did not give her any std pricing per door or window. Thank you, Ewa Ewa Nikodem City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Ext. 221 Fax: 310-377-7288 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Date: Thu, 20 Mar 2008 15:18:35 -0700 To: Marilyn Kern <mkern@cityofrh.net>, Ewa Nikodem <enikodem@cityofrh.net> Conversation: Chuckwagon and Poppy Trail Subject: Chuckwagon and Poppy Trail I need to follow through with boarding up 1 Poppy Trail and 9 Chuckwagon so despite our waiting for the Bldg Dept to get back with us, I want to proceed. If the one vendor isn't calling us back, I'd like to find another. If you have any names, I'll give them a call. ALSO, for both properties, I need to send a letter - the first step in the nuisance abatement process. We should model the letter after the one we sent to Sheen for the latest round of winterizing. Can you please pull that Page 1 of 2 letter. I'd like a copy so I can draft the two new letters. Thank you. Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 513 a4±- 0 6a•o,r-- 4.7? L3ip v1 �f ,s1 -c? -77 011 01'ne 04 ?II) de Ewa Nikodem Thu, Mar 20, 2008 4:07 PM Subject: Chuckwagon and Poppy Trail Date: Thursday, March 20, 2008 3:18 PM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Marilyn Kern <mkern@cityofrh.net>, Ewa Nikodem <enikodem@cityofrh.net> Conversation: Chuckwagon and Poppy Trail I need to follow through with boardin u 1 Poppy Trail and 9 Chuckwagon so despite our waiting for the BI g Dept to get back with us, I want to proceed. If the one isn't calling us back, I'd like tofind another. If you have any names, I'll give them a call. ALSO, for both properties, I need to send a letter - the first step in the nuisance abatement process. We should model the letter after the one we sent to Sheen for the latest round of winterizing. Can you please pull that letter. I'd like a copy so I can draft the two new letters. Thank you. Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 1 of 1 Evie, this is the contractor I contacted in regard to boarding up 2 properties in our City.__ He is not calling us back, we would need 3 more contractor names and numbers. Could you please help me with that? _ _ Thank you, Ewa Buckholz Construction 27067 Silvermoon Lane Rancho Palos Verdes, CA 90274 David C. Buckholz (310) 378-3522 Gardena Glass Inc., Gardena, CA, 90247 - YELLOWPAGES.COM http://www.yellowpages.com/info-LMS52940447/Gardena-Glass-Inc YELLOWPAGES.COM > More Info - Gardena Glass Inc. Gardena Glass Inc Review This Business! 16213 S Western Ave Gardena. CA 90247 Read Reviews �� p ttJc (323) 321-4687 `�i Hours of Operation: `'v °??\ ' 24 Hour Emergency Service .M( '0/ I , ryJA ``E -mail this pa6e ),,,. ;\3 -\ Payment Methods: AMEX. DISCOVER. MASTER CARD and VISA "" Send to Mobile Map It E-mail It Get Directions Search Nearby Save This Listing Save a Note 0,(\i/°)' vr GENERAL INFORMATION: 15/S ADDITIONAL PHONE NUMBERS 'r O Extra Phone (310) 323-5823 (323) 321-4687 .n I/ Extra Fax - 115°* bil"1 "( r/ (310) 323-4512 A' 12)1(:)1/4 --ar1l \ .ri n , I . #bto.w�P PRODUCTS & SERVICES: Table Tops,Store Fronts,Residential,House Windows,Commercial,Shower Doors,Mirrors.Free Estimates Gladly Provided,Auto Mirrors,Windows-All Types, Residential Services,Replacement,Repair-Installation BRANDS B u rco Part of the new at&t I\ © 2008 YELLOWPAGES.COM LLC. All rights reserved. © 2008 AT&T Intellectual Property. All rights reserved. AT&T. AT&T logo and all other marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. Some data provided by , nacr, and Acxiom. 531° �- va° 1 of 1 3/20/2008 7:07 PM AAA Glass & Mirror - YELLOWPAGES.COM http://www.yellowpages.com/info-SP'76813700/AAA-Glass-Nruror YELLOWPAGES.COM Home > Nationwide > More Info - AAA Glass & Mirror AAA Glass & Mirror Serving Your Area (310) 314-5277 Call Visit Web Site Emergency Glass Board Up Services -We Will Meet Or Beat Any Written Estimate! Repair Or Replace Glass Or Mirror -Custom Sand Blast Art -Store Front Hours of Operation: Daily Open 24 Hours, Open 7 Days a Week Payment Methods: AMEX, DISCOVER, MASTER CARD and VISA If It's Glass or Mirror, We Do UAW E-mail It 1 Save This Listing 1 Save a Note GENERAL INFORMATION: • We Will Meet or Beat Any Written Estimate! • "Any Job - Anytime - Anywhere! We Do It All" • Insured ACCREDITATIONS • CA State License #797832 WEB LINKS http://www.aaaglassandmirror.com PRODUCTS & SERVICES: • 24 Hours / 7 Days Emergency Glass & Board Up Service • Repair & Replace • Custom Quality Work • Store Front Design & Installation • Custom Sand Blasted Art • Residential & Commercial Part of the new at&t Review This Business! Rate it Read Reviews Yellow Pages Ad E-mail this page © 2008 YELLOWPAGES.COM LLC. All rights reserved. © 2008 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all other marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. Some data provided by Amacai and Acxiom. 1 of 1 3/20/2008 7:04 PM California Installs Glass & Mirror Inc, Signal Hill, CA, 90755 - Y... http:f/www.yellowpages.com/info-SP42085077/California-Installs-G A-Califomia not installs glass and mirrors on a timely and affordable basis, but they also have undoubtedly the quicIP4StegiNkl Up service that I have ever used. I recommend them highly when you need someone to give you professional service in a quick and high quality fashion. Report abuse Respond to this review Part of the new atst © 2008 YELLOWPAGES.COM LLC. Alt rights reserved. © 2008 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all other marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. Some data provided by Amacai and Acxiom. 2 of 2 3/20/2008 7:03 PM California Installs Glass & Mirror Inc, Signal Hill, CA, 90755 - Y... http://www.yellowpages.com/info-SP42085077/California-Installs-G .. YELLOWPAGES.COM Home > Nationwide > More Info - California Installs Glass & Mirror Inc E-mail this page California Installs Glass & Mirror Inc 2300 Walnut Ave #D Signal Hill, CA 90755 Map (562) 235-6791 Call Mobile Glass & Mirror Repair- Window Board -Up Svc Over 20 Years Professional Experience Hours of Operation: Open 7 Days a Week Payment Methods: AMEX, DISCOVER, MASTER CARD and VISA Based on 1 review. Rate it Read Reviews Send to Mobile I Map It I E-mail It I Get Directions 1 Search Nearby I Save This Listing I Save a Note GENERAL INFORMATION: • Specializing In Commercial Storefronts • Mobile Glass & Mirror (Not Automotive) • Residential & Commercial Work • 24 Hour Emergency Board Up & Glass Repair ACCREDITATIONS • St. Contractors Lic # 854178 LANGUAGES SPOKEN Se Hable Espanol PRODUCTS & SERVICES: • Window Glass • Plate Glass • Mirrors • Heavy Glass Shower Doors 3/8 &1/2 • Store Front • Screens • Board - Ups • Table Tops • Aluminum Windows • Vinyl Windows USER REVIEWS: Based on 1 review. Lickety-split Board UP service!!! Posted by Ramon1891 on 2007/01/31 1 of 2 3/20/2008 7:03 PM Board -UP contractors • AAA Speedy Board -up, 562-602-0555 She spoke with Jim, they charge $185/1st window or door and $68 each additional window or door. Price includes all sizes of doors and windows, all labor and materials. • Budget Board Up, 818-362-1264 or 800-654-2513 Bill told her that they charge $87.50 to come out and $80 per opening. • Sheriff AAA -Glass & Mirror, 310-314-5277 Does not charge to come out. Did not give her any std pricing per door or window. t• • City O/ ie0ti 4 •.. INCORPORATED JANUARY 24, 1957 October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 At the regular City Council meeting held Monday, October 23, 2006, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 1014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. This Resolution was adopted following a noticed public hearing to consider the declaration of a nuisance and ordering abatement of the nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. This Resolution requires specific action to be taken by you as the owner of 1 Poppy Trail. As stated in Section 6, you are required to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten (10) days of adoption of this Resolution, no later than November 1, 2006 and commence implementation of the plan and perfoiiiiance of the corrective mitigation measures on or before, but no later than November 10, 2006. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the Resolution, and again listed below, within 30 days thereafter, no later than 4:00 p.m., December 10, 2006. The corrective mitigation measures include: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. 1014 by November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. Printed on Recycled Paper. • • Page 2 In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. Sincere 31, Anton Daherbrucl'i Interim City Manager AD:mlk 10-24-06sheen-ltr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/ Grading Engineer I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. • RESOLUTION NO. 1014 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October; 11, 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October .23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is located in an active landslide in the City of RbIling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. - .The_plastic sheeting, -sandbags -and above -ground drainage -devices - installed on the property. as. part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area. The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- Section 6. n accordance with the foregoing, and be it is the duty of property owners to maint heir properties free of nuisances, the City cil orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8.24.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 clays after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER, 2006 ATTEST: Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS B. Alien Lay Mayor The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: AYES: NOES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pernell and Mayor B. Allen Lay None. ABSENT: Mayor Pro Tem James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk • Resolution No. 1014 _2- EXHIBIT A Cita 0/ 1201fing _A/4' 72: October 11, 2006 VIA CERTIFIED AND REGULAR MAIL 1`-Ir. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE GERD ROAD ROLLING HILLS. CALIF. 30274 (3101377-1521 FAX: (3101377-7233 Email; cilyol,hw'',oI.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall thatbri September 26, 2005, the Rolling Hills City Council adopted Resolution No. 996 declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement tvarrant from the Superior Court and utilizing its forces performed correctije winterization work on the property. On April 10, 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recorded.against your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. IVith the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19, 2006 setting forth the recommended Ivinterization work necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or . Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance."- Rolling Hills_ Municipal_-_., . • Code -Section 828:0'_0-deSrres any`condition on property [Eat has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter.8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags); 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Resolution No. 1014 -3- • • 0 r Page 2 You may perform the above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement xvork, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is 568, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. 'Ve have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, e�� e Jen.• ns Acting City Manage MJ:mlk 10-11-06sheen-1 tr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Bui]ding Official Lisa Eckert/Grading Engineer Resolution No. 1014 -4- t • Page 3 I warrant and declare that I am the owner of the property located at I Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 -5- • < _EI;I:_!, ...I; LLP C,C Erosion Control Specialists Cn License K8515°3 September 19, 2006 Attn: Mike Jerkins City of Rolling Hills 2 Portucaese Pend Rd. Rolling Hills, Ca9027,1 Dear Mike, We propose to furnish labor and materials for the Poppy Trail protect in rolling hills, Ca These settiicts will be completed in accordance with indu try standards and will comply v.ith all la.vs. Prevailing wages arc in affect on this project and be used according to the curr_nt how-ly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal_ but does not include the disposal. To be preformed by rolling hills city association.) 3. Installation of UV resistant plastic sheeting to cover the entire slide area* and be covered with Tensar TRui'f 450 fiber blankets to reduce uv penetration and reduce glare from. the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation v, -i11 be preformed based on supplier recommended installation methods. 4. Installation of above around drainage devices as specified by the erosion control plan. Our price for per orrnino the •.verl; is 503,771.00. As soon .as-wc have your approval we can cornmence work. This work is an attempt to prevent handier slope mo ement but, Erosion Control Specialists will not be held liable for any funber movement of the slope and any corresponding damage or injury relating to such. It is hicltly recommended that (he plastic sheeting and corresponding drainage system be maintained throughout the rainy s_sron. The measures lure temporary and must be maintained to keep then; proper integrity. Maintenance services are not included in this E.osznCnntrotSpcciali-.isr(767Vinrpn;ntLn.Sre5974nuntinVonncs(h,Cn (S49)376-1015 1909) 753-`-`6.17 ECSPECI uSTS.CO?r Resolution to. 1014 -6- 1. • 10:::;3121:a6 16: _5 ETOSIOII Control Specialists V Ca License 1-45.1,583 proposal but can be provided throunliout the rainy se sou Jiro request and based on availabiliv, Sincerely. .f aso> �cklin Erosion Control Specialists 909-753-9637 800-376-1015 Jason z%ecspccialists.com Ernion Cnntrr.I Specinlata 1675( Vren•point La Sic # nri n I i;ngtr.n rsccc! , Ca (90)37G -101S (o0?) 7c39c37 'CSPECLILISiS.Coi•t Resolution No. 1014 -7- • Marilyn Kern Tue, Sep 4, 2007 9:22 AM Subject: FW: Sheen v. City of Rolling Hills Date: Monday, August 27, 2007 10:40 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Marilyn Kern <mkern@cityofRH.net> Cc: Yolanta Schwartz <ys@cityofrh.net> Conversation: Sheen v. City of Rolling Hills For the file. thx Anton Dahlerbruch City Manager City of -Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee oragent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: "Probst, Kari L." <Kari.Probst@KutakRock.com> Date: Mon, 27 Aug 2007 12:34:44 -0500 To: <MJenkins@LocalGovLaw.com> Cc: Anton Dahlerbruch <adahlerbruch@cityofrh.net>, "Richards, Edwin J." <Ed.Richards@kutakrock.com> Conversation: Sheen v. City of Rolling Hills Subject: Sheen v. City of Rolling Hills Mr. Jenkins, The site inspection proceeded on Friday, August 24, 2007. The condition of the Sheen property is a health and safety hazard. Across the gate at the base of the driveway, there was a fire line marked with yellow tape. There is heavy brush, and it appears people are using the residence (candles, incents, newspapers -within the house). Also, there are cans of paint in the barn. When I discussed the need for brush clearance and the fire hazard it presents with Bob Fong, counsel for Mr. Sheen, he stated Mr. Sheen has no money, so the City can go ahead and proceed with what is necessary and then put a lien on the property. There was not enough gravel in the pool to prevent skateboarding. Also, there was a piece of plywood on the slide cover. It appears someone may have been trying to slide down the slope. Please contact us with questions or concerns. Thank you for your courtesy and cooperation. Best regards, Kari Kari L. Probst > Kutak Rock LLP > 18201 Von Karman Avenue > Suite 1100 Irvine, CA 92612-1077 > Phone: 949-417-0999 > Fax: 949-417-5394 > Email: kari.probst@kutakrock.com <mailto:daniel.glasser@kutakrock.com> Page 1 of 2 > Atlanta * Chicago * Denver * Des Moines * Fayetteville * Irvine * > Kansas City * Little Rock * Oklahoma City *Omaha * Pasadena * > Richmond * Scottsdale * Washington DC * Wichita* ######## ANY'FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR _REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT. BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. This E-mail message is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. End of Forwarded Message Page 2of2 This page is part of your document - DO NOT DISCARD CITY OF ROj, NG 'HILLS TITLE(S) : 70071519597 11111111111111 1111!11111111111111! I ii s l EII 1 Pages: 0004 Reccra' , ,: d rt Off;c _ . Fees: $0.00 - eco:der's e•rr.:,i 06/25/0; AT I J:22AM axes: $0.00 crier $0.00 Paid $0.00 0000C44894 200 T 0ti2FJE10033 Counter i N L E A D S H E ET Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown £511953 THIS FORM IS NOT TO BE DUPLICATED RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: NAME CITY OF ROLLING HILLS MAILING No. 2 Portuguese Bend Road CITY, STATE Rolling Hills, California ZIP CODE 90274 06/25/07 i II � Ilfl 'I i11 1"tl ��i i'1 Il 1 ii�;1�I1i ��nmll if III 11. � , � 20071519597 SPACE ABOVE THIS LINE FOR RECORDER'S USE NUISANCE ABATEMENT LIEN 1 Poppy Trail Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: NAME CITY OF ROLLING HILLS MAILING No. 2 Portuguese Bend Road CITY, STATE Rolling Hills, California ZIP CODE 90274 SPACE ABOVE THIS LINE FOR RECORDER'S USE NUISANCE ABATEMENT LIEN 1 Poppy Trail Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 Under the authority of Government Code Sections 38773 and 38773.1 and Municipal Code Chapter 8.24 and Resolution No. 1014, adopted on October 23, 2006, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on April 23, 2007, did assess the cost of the abatement and related administrative costs upon the real property. The CITY OF ROLLING HILLS claims a lien on the real property for the expense of the abatement and the related administrative costs in the amount of $74,403.70. This amount shall be a lien against the real property until it is paid, with interest at the rate of ten percent a year from May 1, 2007, and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the CITY OF ROLLING .HILLS, County of Los Angeles, State of California, commonly known as 1 Poppy Trail (Lot 90-B-RH) and identified as Assessor's Parcel Numbers 7569-007-001 and 7567-014-014, the owner of which being Mr. Hui-Tse Sheen, aka Alan Sheen, residing at 1 Poppy Trial, Rolling Hills, California, 90274. Dated: By: MANAGER CITY OF ROLLING HILLS d 7 N D LERBRUCH, CITY State of CA 1.1 = OCA\I P� County of UrS A -1 et On vU ; 2O, 20O`3- } } } before me, \ _ \ eftl(9. P- i©i «CZ--( (Insert Name of Notary Public and Title) personally appeared P\h1 personally known known to me (or proved to me the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature KRISTEN RAIG Comm.* 1507517 NOTARY PUBLIC - CALIFORNIA w LOS ANGELES COUNTY �^^•<:"� MY Comm. Ex*es AUGUST 20.2005 5 _ ., a ., � � � - � ., r , � a o , ackpara (12/05) SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type %Certified Mail 0 Express Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Nu 7005 1820 0008 3440 6082 (Transfer f 164e t 4(3to1 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 CERTIFIED MAILTM i i i II II i i 7005 1,820 0008 3440 6082 L •APR 2 C) 2007 CITY OF ROLLING HMS -- By CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Ying C +`' g Sheen 1 Poppy sit Rolling ls, CA 90274 UNCLAIMED Palos Verdes Peninsula a 90274 lst Final Retusned City `/eo!!»9JdlG INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 - 2007 DR. JAMES BLACK Mayor FRANK E. HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember April 3, 2007 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 A the regular City Council meeting held on October 23,2006 the City Council declared a public nuisance on the property a 1 Poppy Trail and required specific corrective actions to be completed by the property owner of 1 Poppy Trail. These actions are described in the attached correspondence. Required actions were not taken by you as the property owner, therefore, after appropriate notification to you and your verbal consent to the City Attorney to be on your property, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 18.24.060 requires the City to notify the property owner that this nuisance has been abated by the City and provide the cost of the abatement. The cost bill, which includes one Change Order, for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 23, 2007, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. You are invited to attend this meeting and offer any comments or objections you may have to the bill. The Council may approve the enclosed cost bill, or make any modifications to it as may be appropriate. Pursuant to Rolling Hills Municipal Code Section 8.24.070, you are required to pay the cost bill approved by the City Council, if any, in full within ten (10) days of Council approval. Printed on Recycled Paper Page 2 Thank you for your cooperation Sincerely, ton Da erbru City Manager AD:mlk 04-03-07sheen-ltr.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP C. ie0ti Jh/f INCORPORATED . NLL RY 24, October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 At the regular City Council meeting held Monday, October 23, 2006, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 1014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. This Resolution was adopted following a noticed public hearing to consider the declaration of a nuisance and ordering abatement of the nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. This Resolution requires specific action to be taken by you as the owner of 1 Poppy Trail. As stated in Section 6, you are required to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten (10) days of adoption of this Resolution, no later than November 1, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than November 10, 2006. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the Resolution, and again listed below, Ivithin 30 days thereafter, no later than 4:00 p.m., December 10, 2006. The corrective mitigation measures include: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3.- Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. 1014 by November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. Page 2 In theevent that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, willbe reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. • Sincere)y, Anton Dahrerbruc} Interim City Manager AD:mlk 10-24-06sliee)Nh. doc cc: City Council Rolling.Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/ Grading Engineer I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed. at my expense. RESOLUTION NO. 1014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section S.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing alt debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed. to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of. City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11; 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October•23, 2006, the City Councilheld a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail: Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. • The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. c. . The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have suffered a•normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property- and the surrounding area. The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separa tely 'and collectively constitute a public nuisance within the meaning of .Sections 8.24.010 and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- Section 6. In accordance Ivith the foregoing, and bec it is the duty of property owners to maint, their properties free of nuisances, the City C .icil orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described -deadlines, than the City=may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8.2'4.060 of the Municipal -Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed• to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of -the cost of removal of the nuisance and that payment in full for removal of_ the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section -8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23' DAY OF OCTOBER, 2006 B. Allen Lay Mayor ATTEST: Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS_ DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23,•2006, by the following roll call vote: AYES: NOES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pernell and Mayor B. Allen Lay None. ABSENT: Mayor Pro Tem James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 EXHIBIT A• CLG[ of `� D PG�ICrZCI ��f-C��i� October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen Mr, Alan Sheen 1 Poppy Trail Mr. Alan Sheen ra 1 Poppy Trail 20603 Toluca Avenue Rolling Hills, CA .90274 Rolling Hills, CA 90274 Torrance, CA 90503 Dear Mr. Sheen: - You will recall that on September 26, 2005:the Rolling Hills Resolution No.996 declaring the property at 1 Po to co tute a Council a sdopted ce and ordering the abatement thereof. Subsequently, upon your failure toabate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April I0, 2006, the City Council approved the costs incurred -in performing the abatement work and a lien was • recorded.against your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. 1Vith the approach of the 2006-2007 winter/rainy seaso_i, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19,2006 setting forth the recommended ivinterization work necessary to be imple;nented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or . Possessor of Property") "every person who owns or is in possession of any er place or area within the boundaries of the City shall, at his or her own exe e, tY maintain the property, place -or area free from any nuisance." Rolling, Hills Municipal Code Section S.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement -pursuant to Chapter 8.24. We have enclosed a copy of both Chapters -824 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. . Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRAM 450 fiber blankets, anchored with 12" steel pins and washers. 3: Install above -ground drainage devices. P.O. 2 PORIUGUEEE GEM) ROAD ROLLING HILLS. CALIF -50274 (3101377.1521 FAX: (310)377-72H E- mad: [dyo:,T6-ao1 con Resolution No. 1014 -3- Page 2 You May perform the above work with the contractor of your choice, and pnist do so or commence doing sc1 (and complete the work with due diligence) by October 23, 2006: You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be .conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. - In the event that it becomes necessary for the City to perform the abatement ‘vork, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is S6S, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the. Council approve the costs, and should.you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the -City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely,rs, irretje s Acting City Manage= IvMJ:mlk 10-11-06she n-Itr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Resolution No. 1014 -4- Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 ETES Erosion Control Specialists Ca License RS515U3 September 19, 2006 Attu: i\filce Jerkins City of Rolling Hills Portu,aesc Bend Rd.' Rolling Hills, Ca 90274 Dear Mike, • We. propose to furnish labor and materials for the Poppy Trail proisct in roiling hills, Ca These seniors will be completed in accordance with industry standards and will comply with all laws. Prevailing Wage; arc in affect cn this project and be used according to the currant hourly prc:'ailing wa a rate. 1. Site. mobilization 2. Debris Rert,oVal_ This to include removal of all'plastic and sand -bans on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association.) �. Installation of IJV resistant plasticsheetingtocover the entire slide area' " arid be covered with Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from. the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. • 4. Installation of above ground drainage devices zs specified by the erosion control plan. price for per -tat -Minn isk Se3--., 00 Cur the .� �.i r, : '.z / r l .vim. As soon as we have your approval we can commence work. - - This work is art attempt to prevent flit -tiler -slope movement but, Erosion Control Specialists will not be held liable for any further movement of the slope and any corresponding damage or injury relating to such. 11 -is lucl,ly recommended that the plastic sheeting and corresponding drainage syste© be rnr.nraintd throughout the rainy season. Tit measures rye temporary sod must be maintained to keep there proper integrity. Maintenance services are net included in this Eros:: n Cnofrol Speclali-t IG76J VicTnint In. Sic K 974 fiundngton nc,eh. Co (soe)376-111J5 /07)755.1'637 ECSPECIA LISTS.COi • • Resolution No. 1014 -6- Y prepo:al tut can be provided the rli tti s�3�on alxiu request zmd bi,e-J on IIG3tlatilhir. _.. Erosion Control Specialists Sincerely. .1asorf.;-crCklin Erosion Control Specialists 909-753-9637 • S00-376-1015 Jacon@ecspc ci.lists.corn Ca License 4/451583 Err!;on Cnnfrr.I Specinlcl! 16751 \7enpoint Cu-. Ste ii fla 1;nnt;n�t,.n.Mach Ca (oqp) l toI5 (9119) 753-46.37 ECSPECL1Lr.Si5.00=I Resolution No. 1014 -7- C14 0/ INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 — 2007 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Erosion Control Specialists / Contech Construction Products Inc. Landslide Winterization Services: Debris Removal. Installation of 10 mil. black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensar woven blankets - Installation to be performed with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoice) TOTAL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Net 10 Days $ 74,403.70 $ 147,928.77 $ 222.332.47 Printed on Recycled Paper Cr, 0/l2/P,,., JJPF, INCORPORATty JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 - E-mail. cityolrhQaol.com INVOICE NUISANCE ABATEMENT COST April 11, 2006 Net 10 Days Erosion Control Specialists: Demolition and removal of guest house Cutting back headscarp to a 1:1 slope Exportation of soil according to plan (approx. 1,728 cu. yards) Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS catch basin Compacting and grading work for adequate drainage S 38,500.00 23,400.00 25,920.00 5,345.00 800.00 19,736.00 1,200.00 1,850.00 600.00 S 117,351.00 Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 13,030.55 Nuisance Abatement - Professional Services for the period January 1, 2006 through February 24, 2006 3,454.60 16,485.15 Peninsula Septic Svc. Pump Septic Tank - Guest House 710.00 Copley Los Angeles Public Notice -Consideration of Nuisance Abatement 59.92 134,606.07 Jenkins & Hogin Legal Services Administration Costs City Manager TOTAL 11,366.50 1,956.20 S 147,928.77 ni/lb/1bb/ 1L:ly (14b4b17b3 LKU51UN UUN I - UL 5H.0 HAUL UVU2 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 I ITEM 190016 1 i 90017 j90025 90029 j90038 1 190005 1 1 'Invoice is for a 50% (fifty) percent progress 1 I payment on above mentioned work. Please remit to above address. DESCRIPTION Invoice :DATE • INVOICE.#_........1 1/16/2007 170 1 SHIP TO DUE DATE 1/2312007 .QTY .:RATE 1 debris removal. this to include all exsisting 1 I I plastic, sandbags, vegetation, and any other 'items needed. This to include only the !removal and loading into the city owned truck. Disposal to be preformed by the rolling hills 1 association. installation of 10 mil. black plastic sheeting to cover slide mass. tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. installation of tensar woven blankets. 1installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. 'Installation of above ground drainage devices 1las specified in EC plan. 1 1 1 1 Total P.O. NUMBER AMOUNT _. 0.00 0.00 0.00 0.00 0.00 0.00 34,385.50 ..34,385.50 Mar 05 07 04:41p Jason Locklin 714-849-6063 p.2 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 r Invoice 1 DATE INVOICE # 116/2007 174 BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 DUE DATE P.O. NUMBER 3/5/2007 ITEM DESCRIPTION QTY 1 RATE AMOUNT 90016 debris removal. this to include ail exsisting plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. Disposal to be preformed by the rolling hills association_ 90017 installation of 10 mil. black plastic sheeting to cover slide mass. 90025 90029 90038 90005 tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. installation of tensar woven blankets. installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Page 1 1 0.00 0.00 0.00 0.00 0.00 0.00 Mar 05 07 04:41p Jason Locklin 714-849-6063 p.3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice i DATE ' INVOICE # 1/16/2007 174 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 SHIP TO ITEM DESCRIPTION QTY DUE DATE 315/2007 P.O. NUMBER RATE r AMOUNT 1 Invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) 34,385.50 Please remit to above address. Page 2 Total 34,385.50 Mar 23 07 01:53p Jason Locklin 714-849-6063 p.3 ECS Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE . INVOICE # 3/23/2007 10032 BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 600012 DUE DATE 4122/2007 DESCRIPTION 1 QTY RATE AMOUNT additional labor required to install T -Stakes. 1 90029 36" steel stakes with with a 4" t -post delivered. 600012 additional labor required for debris removal. 90017 Credit for retumed 18" steel pins minus a 25% re -stocking fee. Thank you for your business! 1 3,360.00 1,120.00 P.O. NUMBER 3,360.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 NO. 2 PORTUGUESE BEND RD. ROLLING HILLS, CALIF. 90274 7005 7,820 0008 3440 6068 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 w 3� Printed on Recycled Paper _. SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. MI Print your name and address on the reverse so that we can return the card to you. NI Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 A. Signature X D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. rvice Type Sp Cert�ed Mail ❑ Registered 0 Insured Mail 0 Agent ❑ Addressee 0 Express Mail O Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7005 1820 0008 3440 6068 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 er . �. U. Pgtal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Senl Mr. Alan Sheen o 20603 Toluca Avenue cm. Torrance, CA 90503 Postmark Here PS Form 3800, June 2002 See Reverse tor Instructions C1ty opeolf,.�JdP� INCORPORATED JANUARY 24. 1957 50TH ANNIVERSARY 1957 - 2007 DR. JAMES BLACK Mayor FRANK E. HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember April 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 At the regular meeting of the Rolling Hills City Council held Monday, April 23, 2007, the City Council approved the enclosed staff report and invoice for the nuisance abatement costs incurred by the City to abate the nuisance that was previously declared at your property located at #1 Poppy Trail, Rolling Hills, California, 90274 (Lot#90-B- RH). Pursuant to Rolling Hills Municipal Code Section 8.24.070, you are hereby required to reimburse the City of Rolling Hills in the amount of $74,043.70 (see enclosed invoice) within ten (10) days of this action of the City Council, no later than 5:00 p.m. on Thursday, May 3, 2007. Failure to reimburse the City of Rolling Hills by May 3, 2007 will result in an appropriate lien being recorded against your property located at #1 Poppy Trail. Please contact this office should you wish to discuss this in greater detail. Sincerel „J on a �l ruc City Manager AD / mlk 04-24-07sheen-ltr.doc cc: City Council City Attorney California Joint Powers Insurance Authority Mr. Ed Richards, Kutak Rock, LLP Printed on Recycled Paper City o/ O/tin Jh// I iCOPPO ATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 2007 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Net 10 Days Erosion Control Specialists / Contech Construction Products Inc. Landslide Winterization Services: Debris Removal. Installation of 10 mil. black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensar woven blankets - Installation to be performed with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoice) TOTAL $ 74,403.70 $ 147,928.77 $ 222,332,47 Printed on Recycled Paper Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO • The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 I ITEM DESCRIPTION 190016 1 debris removal. this to include all exsisting 1 1 plastic, sandbags, vegetation, and any other I I items needed. This to include only the 1 I removal and loading into the city owned truck. Disposal to be preformed by the rolling hills 1 1 association. 190017 ' installation of 10 mil. black plastic sheeting to 1 I cover slide mass. I 1190025 I tensar woven blankets. 90029 j tensar reccomended steel stakes to be i !installed to anchor plastic sheeting and I woven blankets. 1190038 1 installation of tensar woven blankets. i 1 installation to be preformed with steel stakes. Ito be installed using a trech for anchoring I i purposes. 190005 'Installation of above ground drainage devices 1 i as specified in EC plan. 1 I I 1 Invoice is for a 50% (fifty) percent progress payment on above mentioned work. I Please remit to above address. Invoice DATE INVOICE # 1/16/2007 170 SHIP TO DUE DATE �, 1 /23/2007 QTY 1 :/LATE 11 11 1I 11 1 1 Total P.O. NUMBER AMOUNT _. ..x. . ....__.0.00 0.00 0.00 0.00 0.001 0.00 34,385.50 34,385.50 mar uz u/ U4.4Ip Jason LOchlln 14-2549-bUb:i p.2 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE INVOICE # 1/16/2007 ..174 r BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 90016 90017 90025 90029 90038 90005 DESCRIPTION. debris removal. this to include all exsisting plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. Disposal to be preformed by the rolling hills association. installation of 10 mil_ black plastic sheeting to cover slide mass. tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. installation of tensar woven blankets. installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. DUE DATE P.O. NUMBER 1 3/5/2007 QTY RATE AMOUNT 1 0.00 1 Page 1 0.00 0.00 0.00 0.00 0.00 I 14-04-0U0.5 p.3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE ! INVOICE 1/16/2007 L 174 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 1TENI DESCRIPTION SHIP TO Invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) DUE DATE P.O. NUMBER 3/5/2007 QTY I RATE r AMOUNT 34,385.50 Please remit to above address. Page 2 Total 34,385.50 1 .4-oar-ouo,s p.3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 r BILL TO Invoice DATE INVOICE # 3/23/2007 10032 SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM . DESCRIPTION 600012 additional labor required to install T -Stakes. 90029 36" steel stakes with with a 4" t -post delivered. 600012 additional labor required for debris removal. 90017 I Credit for returned 18" steel pins minus a 25% re -stocking fee. QTY DUE DATE P.O. NUMBER 4!2212007 - RATE AMOUNT Thank you for your business! 3,360.00 3,360.00 1,120.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 fired „/' l2 Pfi„v JJ//, Mr. Alan Sheen 1 Poppy Trail Road Rolling Fu lls, CA 90274 INCORPORATED JANUARY 25, 1957 INVOICE NUISANCE ABATEMENT COST April 11, 2006 Erosion Control Specialists: Demolition and removal of guest house Cutting back headscarp to a 1:1 slope Exportation of soil according to plan (approx. I,72S cu. yards) Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS catch basin Compacting and grading work for adequate drainage Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 Nuisance Abatement - Professional Services for the period January 1, 2006 through February 24, 2006 Peninsula Septic Svc. Pump Septic Tank - Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement Jenkins . Ilogin Legal Services Administration Costs City Manager TOTAL S 38,500.00 23,400.00 25,920.00 5,345.00 S00.00 19,736.00 1,200.00 1,850.00 600.00 S 13,030.55 3,454.60 NO. 2 PORTUGUESE 8ENO ROAD ROLLING HILLS. CALIF_ 90274 (3101377-1521 FAX: (310) 377-7288 E-mail. cayOhh@aol. corn Net 10 Days 117,351.00 16,435.15 . 710.00 59.92 134,606.07 11,366.50 1,956.20 S 147,928.77 50TH ANNIVERSARY 1957 - 2007 TO: FROM: SUBJECT: ;NC,: i , . (.+ii. .. ": JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No: 8-A Mtg. Date: 04-23-07 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ANTON DAHLERBRUCH, CITY MANAGER CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LETTER DATED APRIL 3, 2007, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD. DATE: APRIL 23, 2007 ATTACHMENTS: April 3, 20078 Correspondence Nuisance Abatement Invoices BACKGROUND At the regular City Council meeting held Monday, October 23, 2006, the City Council, following a public hearing, adopted Resolution No. 1014 declaring a public nuisance on the property at #1 Poppy Trail Road owned by Mr. Alan Sheen and required specific corrective actions to be completed by the property owner. This declared public nuisance resulted from a landslide event that occurred on March 5-6, 2005. Corrective actions required to be completed by the owner of #1 Poppy Trail included the following: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. The property owner of #1 Poppy Trail was provided appropriate legal notice of this declaration and ordered to provide a plan and schedule of implementing the nuisance abatement mitigation measures no later than November 2, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than, November 10, 2006 and complete the corrective mitigation measures no later than 4:00 p.m. December 10, 2006. Page 1 of 2 en!i::P,; on Recycled Paper By December 10, 2006 the corrective measures had not commenced and had not been completed. Therefore, with verbal authorization from Mr. Sheen to the City Attorney, the City initiated and completed the nuisance abatement on the property. Pursuant to Rolling Hills Municipal Code Section 8.24.060, the City notified the property owner of #1 Poppy Trail that the nuisance has been abated by the City and provided the cost of the abatement. Correspondence that was forwarded to the property owner on April 3, 2007 is attached to this staff report. In that correspondence, we advised the property owner that the City Council would consider the approval of the nuisance abatement costs at this evening's City Council meeting. The cost of the abatement is $74,403.70 which includes the following: Original scope of work $68,771.00 Change order for larger stakes $ 7,682.00 Subtotal $76,453.00 Credit for n on -returnable materials ($ 2,049.30) Total $74,043.70 Pursuant to Rolling Hills Municipal Code Section 8.24.070, the property owner of #1 Poppy Trail is required to pay the costs of the nuisance abatement that are approved by the City Council within 10 days of the City Council approval. Further, Rolling Hills Municipal Code Section 8.24.070 authorizes the City Clerk to record a lien on the property if the costs are not paid within 10 days of the date of the Notice of Abatement (City Council approval). RECOMMENDATION It is recommended that members of the City Council consider this report, any testimony offered at the City Council meeting, including the property owner or his representatives, and consider approval of the nuisance abatement costs attached to this staff report. AD / mlk 04-23-07NuisanceAbat-sta.doc Page2of2 . City fl ie lli 2 ..."111/4 50TH ANNIVERSARY 1957 - 2007 DR. JAMES BLACK Mayor FRANK E. HILL Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember April 3, 2007 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF 90274 (310) 377.1521 FAX: (310) 377.7288 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 SUBJECT: NUISANCE ABATEMENT COSTS Dear lvfr. Sheen: A the regular City Council meeting held on October 23,2006 the City Council declared public nuisance on the property a 1 Poppy ared a P p tY Trail and required specific corrective actions to be completed by the property owner of 1 Poppy Trail. These actions are described in the attached correspondence. Required actions were not taken by you as the property owner, therefore, after appropriate notification to you and your verbal consent to the City Attorney to be on your property, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 18.24.060 requires the City to notify the property owner that this nuisance has been abated by the City and provide the cost of the abatement. The cost bill, tvhich includes one Change Order, for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 23, 2007, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. You are invited to attend this meeting and offer any comments or objections you may have to the bill. The Council may approve the enclosed cost bill, or make any modifications to it as may be appropriate. Pursuant to Rolling Hills Municipal Code Section 8.24.070, you are required to pay the cost bill approved by the City Council, if any, in full within ten (10) days of Council approval. ® Prin!eCon Fecyc!Cd FOOer Page.2 Thank you for your cooperation Sincerely, iton Da rl5ruc City Manager AD:mlk 04-03-0i sdccn-1 t r.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP Cu y 0/ 1`0&4,1 October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear h'Ir. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 3027 • 1310) 377-1521 FAX:1310) 377.7288 E•mad. Ulyorrhp aol.com AIr. Alan Sheen 20603 Toluca Avenue Torrence, CA 90503 At the regular City Council meeting held Monday, adopted the enclosed Resolution entitled: - October 23, 2006, the City Council RESOLUTION NO. 1014: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. This Resolution Ivas adopted following a noticed public hearing to consider declaration ofa nuisance and ordering abatement of the nuisance pursuant the Hills Municipal Code Section 8.24.050. ti P to Rolling � This Resolution requires specific action to be taken by you as the owner Trail. As stated in Section 6, you are required to provide a plan andschedule }edule fore' implementation of all nuisance abatement mitigation measures Ivithin ten (10) days of adoption of this Resolution, no later than November ) implementation of the plan and performance ofthe corrective and commence measures or before, but no later than November 10, 2006. Further, g -ores on implementation of the corrective mitigation measures described in reExh bit A of thuired to e Resolution, and again listed below, within 30 days thereafter, no later than 4:00 F,.m. December 10, 2006. The corrective nitigation measures include: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant' plastic sheeting covered by Tensar TRA1 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. Page 2 In the event that you elect not to perform the xvork yourself, the City requests hat you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, thelotal cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letterto me at your earliest convenience. ..Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. Sincerely, --1 /. '&J{ j Anton Dalilerbnrcli Interim City Manager AD:mlk 1O-24-ohsh,, Irr.dnc cc: City Council Rolling Hills Community Association I\'like Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Speciaiists,and for no other purpose. I understand and acknowledge that this work will be performed at my expense. RESOLUTION NO. 1014 A RESOLUTION OF THE CITY COUNCIL OF rHE CITY OF ROLLING 1 -TILLS DECLARiNG.THE CONDITION OF -THE PROPERTY LOCATED AT 1 POPPY._. TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE ,CITY -COUNCIL OF THE CITY OF ROLLING HILLS, DOES HEREBY FIND -DECLARE AND ORDER As FOLLOWS: Section 1. Purs:ra nt to Section 5.24.0;0 of the Rolling 1-lills'1`Iunrcr 1 Nlanager notified h1r Alai, Sheen owner of that:ccrtain real property in the City of Rolling 1 -fills commonly known as 1 Poppy � � Trail p'' Code, the City that would commonly 11 a pp frail (Lot 90-B-RH), to abate conditions on his property Potentially • ggravate and accelerate an existinf;. landslide. The measures include removing. all debris (deteriorated plastic and sandbags) from the site, covering entire affected area with new UV resistant plastic sheeting, o, ad ld installing above-groundi s bo e the devices to di Vert stonntcater .from entering the, landslide area. from locations above the- headscarp• of the landslide. The measures are designed to restore the winterization rt»pr•ovcmenls that.were performed on the property in earl • 2006 normal deterioration, in anticipation of the 2006-2 r nteri2alion on have since suffered that 'the measures be taken or commenced (and completetrind with due dilio r rainy season. The notice directed 2006, otherwise the City Council would' hold a' public hearing. on October 23,20 6Oin the eCty Council Chambers of City Hall to hear any protests the owner might have to the abatement } the nuisance: On October 11, 2006 the Cityposted the -notice at the Site. " Section 2 . No action to abate the nuisance has been taken by the property owner., Consequently, on October 23, 2006, the. City Council held a public hearing to allow the I\ tanager, the property owner and any other interested parties to testify regarding the condition of the property located at 1 Poppy City . } and submit ` I•pYTrail. , Section 3• Based upon staff reports, related documents and the evidence p _resentedat, the bineof the hearing, the City Council makes the following findings of (act: • a. The property located at 1 Poppy landslide in the City of Rolling Hills. The property Trail is - located a in ans active swimming pool, water -feature, stable, and tennistcourt. An illegal tvith a single familyuest hour -e was ,.removed from the property pursuant to the nuisance abatement proceeding ' nonconforming gucstliou�e Inspections of the property demonstrate that thesinglefamily residence remains uninhabited. P o in 2005-2p1�. b. Following the activation �,( the landslide earlyin' engaged by the City, twith the pro ing the a tr's s2and a Cher tests on the property. to better understand the` structure of the landslide in order to enable all permission, conducted borings 'othcrless the owner of 1 Poppy Trail. interested parties to evaluate their options. A copy of the gecilogist's report was providcdt 0 c.. The :plastic sheeting, tea.. ii. , and r. installed theon" property as part of the 2005-2006 nuisance abatementproceeding v C'e 1.�,.�, C� .nFia�l ut'viic$ suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of storniwater into the Iandslide. If thesc:protccti e nl have not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in_further damag ee easures are City's ecologist reports that the protectiveen etisur�csFiflsta►(ed the surrounding d1 successful in slowing the movement of the landslide area. The 005=2006 have. been d. Absent restoration of represent continuing threat to public safety. protective measures, the property will •: Section S• On the basis o( the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the o g Trail, and the open crevices and fissures, nuisance withinthe flit mea is eparately and collectively constituteerty d p1 ublic` constitute,a condition that S injuriouso ntso the pub.24.010 lic c health,- safety and welfare. Council further finds that by not restoring to .goodnd ti -0'010 of the Municipal Code, and installed,:in then find in anticipation of the2006-2007to tion The Citys 0 winter rainy the winterization mcasurcl further infihrate the landslide and will further destabilise the property, destabilize winter season, creating a.' t•ater r to persons and property in the area. P 1. city, creating a.' danger to Resolution No. 1014 CO: lion 6. In acco:d incc with the foregoing, and hec ., it is the duty of propuiv o': ners to maint,.. ,heir propel ties free of nuisances, the City C . cal orders that the properh• owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property ow. neren or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8.21.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23' DAY OF OCTOBER, 2006 ATTEST: Marilyn Kem Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS • SS ./( 5 B.. Allen Lay Mayor The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: ,APES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pernell and Mayor B. Allen Lay NOES: None. ABSENT: Mayor Pro Tem James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 -7- October 11, 2006 VIA CERTIFIED AND REGULAR MAIL 11'11'.Yin n Chin. Slat' 1 Poppy Trail c.i ;.1r..11.�r Shwen Rolling Hills, CAa 1?; 1 Poppy Trail Rolling Hills, CA 90274 Dear,lir. Sheen: You will recall that onS, Resolution No.496 onS declaSeptember 26,__005, the 'l RollingHills J the pro„ at o Hail to coty Cconstitute nuisance ordering the abatement thereof. Subsequently, upon � o deity obtained an abatement thereofwarrantubeue tly, ue on your rl ai ure to b a the nuisance. ui c nc . Y pon your failure to abate the nuisance, the Cime obtained an winterization wor{ on the Court and . 2 06. ties forcesy Council approved the costs incurred in performing open iu against performing the h,; e April ]0 '0d the City gainst your property: in that amount. ' C �temcn t work and a lien 'was Sincethe above -referenced improvements suffered a ccr lain ai<tc•unt of normal dcinorition. 1 ith the approachle ere suffered scar property, } t20fl t on, the City's geologists are recommending that th of thee 301t improvements installed by the City -OOi effective in ,ts minimizing h' be restored and upgraded o that the heY remain intrusion of stormwatcr into the ladsl de. I they enclose a copyn proposal from Erosion Con -0j Specialises dated September 19, 2006 proposal ended Erosionwinterization work necessary to be I ting fortha s of a help protect against a•.� y implemented on your setting the season. aggravation of the existing landslide as t,• our th property to e approach the rainy Pursuant to Rollin Possessor or Roiling Hills Alunicipat Code Section of "every S.24.020 (•Duh• e areaf t rolU r ")e bounr es of w City ot, shall, ' of Owner er property, s el, is possession of expense, maintain the property, place or area free from : at his or her ou• Code 5 c `.e Srope_t dear resr any nuisance. R n cxpcnse; eode Sect accelerate an achesany condition;on property Rolling Hills aggravate, t pursuant to Chapter 8.24. We have landslide d to beiaCe public ilt t has or will oat• nuisance subject ,t atentent your review. cct to a copy ofboth Chapters S.?a and S 7 for .. Pursuant to Section 3.2.1.030, e measures in order to abate con, o dttions1acncbY directed 'to implement the following and accelerate the existing landslide: your property that will potentially aggravate 1.r0,?.Pero uZUZ 5E Ci'L' 'F0t ltuG wgl3>C Itti,;. r.k latpi_; .;a 1\lr. Alan Sheen 20603 Toluca Avenue' Torrance, CA 90503 I. Remove all debris on the site (i.e. deteriorated 2. Install UV , oratedplastic and sandbags); resistant plaslic sheeting covered b 450 fiber blankets, anchored with 12 s �. Install aboi•r:•� by around draina� steel and t,ashcrs- �c devices. lZesolution 1N1o.1014 Page 2 You may perform the above lvork with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisanceabatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23. 2006 beginning at 7:30 p.m. in the lolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is S6S, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event thct you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to meat your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. ►\'e have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, c`, t \ 7th-, e Jen ns Acting City Mange-. MJ:m1k 10-1l-0 ahmn-1tr.Anc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy ltani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer 1 warrant .end declare -that ! am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to 'Perform the wort; described in lh2 Scple1nber 19, 2006 letter from Erosion Conb-ol Specialists, and for no other purpose. 1 understand and aclr)owcledge that this work will be performed t my expense. Resolution No. 1014 -5- Erosion Control Spz ciali ts Cn J_icclr:c SS15 3 September 19, 200E Attu: i.hJ-e Jerkins Cif• of Rc'i ing =2 Poruc.:z:c Bend Rd. Rolling }1:113. Ca 9027.1 • Dear bli3: rrero:c to furnish kb.r zed r^z!_ ia;s for the Poppy Tr_J project is r,' iin2 hills, Ca These sericcs \\'ill he completed in accord:ccc ni:h inuu; ry st_L:de. ds and rill cc' lr r.i h all l;ws. Pic-or:dine waac 2:"C in ziicct co this crjcci anj lc u:cd according to the cun_nt hourly preyailinc wage r.;te. 1. Site mobilization 2. Dcltri: Removal. This to include , r,'ovnl of a!1 plastic and c.od-hi S en the slope ar:d surrcundin^ cress, including any extra debris or vegetation deemed necessary. This include: the st`zne at a proper area for disposal, butdoes not include the disposal. (To be preformed by rolling hills city association.) ( 3. Instal.ation or 1JV rearant plastic sheeting to cover the entire slide area. and t•e covered with Tensar TS,\1450 fiber blaoketc to reduce uv penetT tion and reduce Clare from the sun. Plastic sheeting and Tcrsar material will be authored with 12" steel pins ,id iris -`tots. Installation t'.ill be preformed based on supplier recom:neoded installation methods. 4. Installation of above ^.round ur3in3ee devices 2i specified by the erosioa control plat. .ir prict ail perf•.r,—tine :he __a :_ r -n 77; ��• r• •� :l'•,cr r,.Cql. As JU.•II 35 we 11301' yO'1 rp:; ?P:J at cart conintene: \\TI;I:. This work is an ntempl :o pravest f.1:J1er slope movement but, Erosion Coni;ol Specialisqs will no: l c held liable for any f.rth 1ro+-cn— ni of the slope and a -t\• canc:•ponding damage or injury rcictiee to such. l: is hi lily recommended iiizt the plz-;ic shccLce _nJ corresponding c_nnee srrlea 11 ra_ nt::incd threugbout the niny !: .-t. Tr.e me_u;cs z e t:empor_ry god must lx :n:inU`ncd to keep there proper c, ty.1%•la nIcnan:z eer ke.s ere no: included in tl•,i; Cros;:n Cra.rrol $t•a I I.- . 11:74) V;c,.ir;n1 In. S:r E7;< nr,eh. Ce (St C) J'6.1CJS Resolution No. 301-1 -6- EroS1Qi) ColitlC I `p CI;1I151S } repo J tut na b.. p:otiJ.d Cie w:I: ,ut the clingy _' .i .icii rtS c zri.i h �1J oa n�•c,i) ,title :. .. Sincerely, 13:0 r? �•cLI in Emsion Con of Speci_list3 909-753-M37 SGO-3 6-101 1:-"-!'o:�.crrcciai�ts.cen itr:;nn Cnrrrnl SpreNki. 1{•51 \:rnpo;nol n. S!c 7 n:J II l•'r'1 :!.39 U; rCrEctILISTs.00 -1, t51 c• (Eno) 7 r j l=- „ tfll Resolution No. 101 , - _7 C o/ e0t&„ iC�� 24. 1957 50TH ANNIVERSARY 1957 — 2007 1\•1r. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Erosion Control Specialists / Contech Construction Products Inc. Landslide Winterization Services: Debris Removal. Installation of 10 mil. black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensar woven blankets - Installation to be performed with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoice) TOTAL NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Net 10 Days $ 74,403.70 $ 147,928.77 222,332.47 ® Print! on Recycled Paper City o 12o „ �� INCC POR.A .TEO JANUARY 2A, IS57 Mr. Alan Sheen I Poppy Trail Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEt 0 ROM) ROLLING HILLS, CALIF. 90274 (3101317-M1 FAX: (3101377.7268 • E•ma.l, CIIy01,A@ao1:Corn INVOICE NUISANCE ABATEMENT COST April I I, 2006 Net 10 Days Erosion Control Specialists: Demolition and removal of guest house Cutting back: Jteadscarp to a 1:1 slope Exportation of soil according to plan (approx. 1,728 cu. yards Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS catch basin Compacting and grading work for adequate drainage S 33,500.00 23,400.00' 25,920.00 5,345.00 S00.00 19,736.00 1,200.00 1,850.00 600.00 S 117,351.00 Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 Nuisance Abatement - Professional Services for the period 13,030.55 January 1, 2006 through February 24, 2006 3,45#.60 16,485.15 . Peninsula SepticSvc. Pump Septic Tank- Guest House 710.00 Copley Los Angeles Public Notice -Consideration of Nuisance Abatement 59.92 134,606.07 Jenkins S Ilogin Legal Services Administration Costs City Manager TOTAL 11,366.50 1,956.20 S 147,928.77 r - c. UL/ t7L ti Erosion Control Specialists P.O. Box 1626 Iiuntington Beach, Ca 92647 BILL TO • The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 DATE 1/16/2007 SIIIP TO. I Invoice INVOICE # 170 1 DUE DATE 1 P.O. NUMBER 1/23/2007 ITEM DESCRIPTION 1 QTi' 1. ..R...--k-T—E 1 AMOUNT 190016 1 debris removal. this to include all exsisting 1 1 1 0.00 I I plastic, sandbags, vegetation; and any other 1 I I 1 items needed. This to include only the 1 I removal and loading into the city owned truck. 1 1 1 Disposal to be preformed by the rolling hills I 1 association- I 90017 1 installation of 10 mil. black plastic sheeting to 1 1 0.00 1 cover slide mass. I I 90025 1 tensar woven blankets. 1 I 1 0.00 I90029 j tensar reccomended steel stakes to be 1 I 1 0.00 1 installed to anchor plastic sheeting and 1 I woven blankets. 1 I I 90038 I installation of tensar woven blankets. 1 1 1 0.00 1 installation to be preformed with steel stakes. I I 1 to be installed using a trech for anchoring 1 purposes. i 1 1 90005 1 Installation of above ground drainage devices 1 0.00 I as specified in EC plan. 1 I 1 1 I I 1 Invoice is for a 50% (fifty) percent progress 1 34,385.50 1 ! payment on above mentioned work. I Please remit to above address. Total • 34,.385.50 . ! ( c l .-. r: i- 05 U/ U4:41p Jason Locklin 714-849-6063 p.2 Erosion Control Specialists P.0_ Box 1626 Huntington Beach, Ca 92647 Invoice DATE INVOICE # 1/16/2007 174 r BILL TO SHIP TO i The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 • 1TENI. i DUE DATE 1 3/5/2007 DESCRIPTION QTY 90016 debris removal. this to include all exsisting 1 plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. , Disposal to be preformed by the rolling hills association. 90017 installation of 10 mil. black plastic sheeting to 1 coverslide mass. P.O. NUMBER RATE AMOUNT.. 90025 90029 90038 90005 tensar woven blankets. tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. installation of tensar woven blankets. installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. 1 0.00 0.00 0.00 0.00 0.00 0.00 I lc1 VU V! V't .'1 Ip JdJVII LVI:NIII I4-v4`.j-bubj p_3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice I1 DATE INVOICE 4 L 1/16/2007 L 174 BILL T() SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION DUE DATE 3/5/2007 Invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) QTY Please remit to above address. Page 2 P.O. trUMBER RATE r AMOUNT 34,385.50 Total 34,385.501 I I4-ti4J-bub3 P.3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO Invoice DATE . INVOICE # 3/23/2007 10032 SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 600012 90029 600012 90017 DESCRIPTION additional labor required to install T -Stakes. 36" steel stakes with with a 4" t -post delivered. additional labor required for debris removal. Credit for returned 18" steel pins minus a 25% re -stocking fee. I DUE DATE P.O.NUMBER IBER 4/22/2007 QTY RATE AMOUNT Thank you for your business! 1 1 1 1 3,360.00 3,360.00 1,120.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Aiso complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan S en 20603 To ca Avenue COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. S rvice Type pi Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1820 0008 3440 6068 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 City of Ro CLin y JUL ir- i i i i i 7005 1820 0008 3440 6068 NO. 2 PORTUGUESE BEND RD. ` ROLLING HILLS, CALIF. 90274 NOV CITY OF ROLLING HILLS Printed on Recycled Paper E Mr. Alan Sheen UNITED STATE'S POSTAL SERVICE Unclaimed Return 1 Nola_ 2 6 2006 �dotiAA_/./. -1 —06 -,!rn_.11 - 0-� NIXIE 906 1 02 11/14/06 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 90.274519999 X0762-05507-26-46 /),f„11,,,,,1,II,,,J,1„hi,lf,,,lil; J„f 11„J,J,;IIf„lll„I C1iy o//2ffi n9 .wee INCORPORATED JANUARY 24, 1957 October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 At the regular City Council meeting held Monday, October 23, 2006, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 1014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. This Resolution was adopted following a noticed public hearing to consider the declaration of a nuisance and ordering abatement of the nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. This Resolution requires specific action to be taken by you as the owner of 1 Poppy Trail. As stated in Section 6, you are required to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten (10) days of adoption of this Resolution, no later than November 1, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than November 10, 2006. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the Resolution, and again listed below, within 30 days thereafter, no later than 4:00 p.m., December 10, 2006. The corrective mitigation measures include: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. 1014 by November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. Printed on Recycled Paper. Page 2 In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. Sincere Anton D erbru Interim City Manager AD:mlk 10-24-06sheen-ltr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/ Grading Engineer I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. RESOLUTION NO. 1014 A RESOLUTION; OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A 'UBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new 'UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landlide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in ,anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken, or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City i-Iall to hear any protests the owner might have to the abatement of the nuisance. On October{ 11, 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on Octoberj23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. I� Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the propertydemonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better ;understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail.; I c. I :The plastic sheeting, sandbags and above -ground drainage devices installed on the properly! as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area: The City's geologist reports; that the protective measures installed in 2005-2006 have been successful in slowing the: movement of the landslide. d. it Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010. and 8.28.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds thatiby not restoring to good condition the winterization measures installed in. 2005-2006 inlanticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- erection 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006• and, that the corrective measures be completed by the property owner on. or before November 10 2006. In the event that the property owner fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after November 1, 200,6 perform the corrective measures at the property owner sexpense as authorized in Section 824.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writiiigiby certified mail and regular mail of the cost of removal of the nuisance and that paymentin full for removal of the nuisance is due t� the City within 10 days of the date of mailing ofithe notice. If the total cost of abating the nuisance is not paid to the City within 10 days after',ithe date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The ;City Clerk is hereby directed to send a copy of this resolution by certified and regular maillto'the owner of the property located at 1 Poppy Trail. li Section 9. This,resolution shall take effect immediately on October 23, 2006. i II PASSED, APPROVED AND ADOPTED THIS 23"' DAY OF OCTOBER, 2006 ;,! ATTEST: Marilyn Kern Deputy City Clerk ? `! STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS!! ) 11 The foregoing ResolutiorlNo.1014 entitled: A RESOLUTION ;DF; THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A !Ii'VBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF l t i was approved and adoptecl at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: l! ,ii AYES: P Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pernell and Mayor B. Allen Lay NOES: None. ABSENT: Mayor Pro Tem James Black. B. Allen Lay Mayor ABSTAIN: None. Resolution No. 1014 Marilyn Kern Deputy City Clerk -2- EXHIBIT A .T.. L • _-c October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail ; Rolling Hills, CA 98274 r. Dear Mr. Sheen: Mr_ Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 00274 (310)377-1521 FAX: (310) 377-7298 E-mail: cilyolth@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that br September 26, 2005, the Rolling Hills City Council adopted Al Resolution No. 996;dedaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved tIiecosts incurred in performing the abatement work and a lien was recorded.against you r,property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain ainqunt of normal deterioration. With the approach of the 2006-2007 winter/rainy season; the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosipr Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect against!aggravation of the existing landslide as we approach the rainy season. 11 I; Pursuant to Rolling!Hylls Municipal Code Section 8.24.020 ("Duty of Owner or - Possessor of Property) "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property ;place -or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines -any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapte - 824. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to'alate conditions on your property that will potentially aggravate and accelerate the e'x'isting landslide: ti 1. Remove all !debris on the site (i.e. deteriorated plastic and sandbags)I 2. Install UU resistant plastic sheeting covered by Tensar TRM 450 fiber bllankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. Resolution No. 1014 Page 2 You may perform the;ab;ove work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified 'that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the ;City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.mi in, the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatementorder.!► j In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatemenE work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be!performed at your expense. Following completion of the project,. the. City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to'present testimony at that hearing. Should the Council approve the costs, and should]yau not reimburse them to the City, a lien will be recorded against the title to the properyu;n the amount of those costs, plus the City's administrative and legal expenses incurredjin implementing the project. :Ii In the event that you ;elect not to perform the work yourself, the -City requests that you give your consent to the -City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to_give your consent please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this:' correspondence to all of the known addresses we have regarding this property' We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, /\ �_.._et Jeri ins i Acting City Manager' MJ:mlk 10-11-06sheen-1 tr.d oc cc: City Council Rolling Hills Cpriimunity Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official • Lisa Eckert/Grjading Engineer Resolution, No. 1014 Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and empio lees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purposet I understand and acknowledge that this work will be performed at my expense. Resolution No. 1014 i -5- 1C1i 11,•'200: Oi 39 _]0643:344i Erosion control Specialists �Eh1:1115 HOGIII LLP EROSION CON- -. SFEC f./ -'GE 031a4 PAGE C2103 Ca License f',851533 September 19, 2006 •! Atto: Mike Jenkins City of Rolling Hills :42 Portuguese Bend Fd. Rolling Hills, Ca 9;0274 Dear Mike, I 1, We propose to furnish labor and materials for the -Poppy Trail project in rolling hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages arc in affect on this project and be used according to the currnt hourly pre ir ailing wage rate. ( a' - 1. Site mobilization • 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city associatiol :) • 1. Installation of UV resistant plastic sheeting to cover the entice slide area and be covered with. Tenser TRM 450 fiber blankets to reduce uv penetration aridreduce glare from. the sun. Plastic sheeting and Tensar matetai will be anchored with 12" steel pins and washers. Installation val1 be preformed based on supplier recommended installation methods. 4. Installation of above ground drainage devices as specified by the erosion control plan. Our price for perf ruling the work is $68,771.00. As soon as we have your approval we can commence w'rk, This work is an at?e.r pt to prevent further -slope moVesnent but, Erosion Control Specialists will not l e held liable for any further moi'crncnt of the slope and any corresponding dama a of injure relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures ere temporary and must be maintained to keep (Jere proper integrity. Maintenance services are not included in this Erosion Control Speclah•:m T(.761 Viewpoint Ln. Ste 9 074 Huntington Bench. CA (S00) 376-1015 5909) 7_53.9637 ECSPECIALISTS.CO,, Resolution No. 1014 • 'r 1S/11[7000 OS:-'_ iOij: 1 r3EoE 10125 7Vcaas Erosidh Control Specialists Jci!i:=1:'= Hf,Gil! Lt P E.=[5IO,a CO!dfnnL Ca License #.52583 proposal but cansbe provided Lhrounbout the rainy season u ra req•.tcst and based on a� ailability, Sincerely, .tasori it'cklin Erosion Control 'Specialists 909-753-963- 800-376-101.5 Jas.on@ecspeci4sts.com Er&!ion Cnrttrnl SpttiRiista 1676t V7en•point La. Ste 4 n 74 AnnGn,�tx.n Leach, Ca (1:n0)376-1015 (41!0753.9637 TCSPECL\Lr.STS.00iv1 PAGE. 0,i/0.--! ?mot(=_ •. /u3 Resolution No. 1014 -7- • NC,' t � :4•43,..... Vom .. i ink I 41.1 spr.le-4„ pp J CCCIIIL. 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