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City Council Meeting 04-23-2007City ollellinp 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 on ii .•.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 L. o iliac i INCORPORATED 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 ULI UL 1 190016 1 debris removal. this to include all exsisting 1 : 1 plastic, sandbags, vegetation, and any other 1 !items needed. This to include only the 1 1 removal and loading into the city owned truck. IDisposal to be preformed by the rolling hills 1 'association. 190017 I installation of 10 mil. black plastic sheeting to 1 cover slide mass. 90025 i tensar woven blankets. 90029 i tensar reccomended steel stakes to be 1 1 installed to anchor plastic sheeting and 1 I woven blankets. II 90038 - I installation of tensar woven blankets. 1 I installation to be preformed with steel stakes. I to be installed using a trech for anchoring I purposes. fP 1 190005 'Installation of above ground drainage devices 1 l as specified in EC plan. i 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 DESCRIPTION ITEM - 1 • 'Invoice is for a 50% (fifty) percent progress payment on above mentioned work. DATE 1/16/2007_ • SHIP TO: Invoice INVOICE # a 170 DUE DATE P.O. NUMBER. _..I. 1/23/2007 QTY 1 LATE I Please remit to above address. Total " • AMOUNT • . ... -- ' • 0.00 0.00 0.00 0.00 0.00 0.00 34,385.50 34,385.50 iviar uo u i u4.4 i p Jason LOCKi n 14-t54V-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 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 90038 90005 i DUE DATE I 3/5/2007 QTY RATE 1 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. 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 Page 1 P.O. NUMBER i :MOUNT 0.00 0.00 0.00 0.00 0.00 0.00 14-1541.-bUb3 p.3 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE INVOICE # I 1/16/2007 L 174 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 SHIP TO ITEM DESCRIPTION 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) QTY RATE r AMOUNT 34,385.50 Please remit to above address. Page 2 Total 34,385.501 / 14-04;1-0Ub.i p.3 ECS 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 DUE DATE P.O. NUMBER 412212007 DESCRIPTION I QTY RATE AMOUNT additional labor required to install T -Stakes. 1 3,360.00 3,360.00 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. Thank you for your business! 1 1,120.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INCORPORATED' JANUARY 25, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Email, cilyolth@aol.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. 1,72S 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 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 16,435.15 . 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 50TH ANNIVERSARY 1957 - 2007 TO: FROM: SUBJECT: City INCORPORATED 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 ePrinted 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 Page 2 of 2 (2.-D city oped/i4 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 iNCC:i:PU::';i ED ILNUP-RY 24. 1957 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 Mr. Sheen: 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 oft 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. ® PrintejanPecyded Paper Page 2 Thank you for your cooperation City Manager AD:mlk 04-03-0isheen-ll r.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP 1 /fin g •:_. October 24, 2006 VIA CERTIFIED AND REGULAR MAIL hlr. 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:1310) 377-7288 E-mail: cilyolrh@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 Hills Municipal Code Section 8.24.050. declaration ofa nuisance and ordering abatement of the nuisance pursuant to Rolling This Resolution requires specific action to be taken by you as the owner of 1 Po 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, implementation of the corrective mitigation measures described in Exh to A of tlelete Resolution, and again listed below, within 30 days thereafter, no later than 4:00 .m., December 10, 2006. p 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, ---) /..p ,,s / Anton uahterbruc Interim City Manager AD:mlk 70-34-Oh�hrrn-ll r.Anc 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 iii 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. ]01:! ,1 RESOLUTION OF THE CITY COUNCIL OF THE CITY Of ROLLING HILLS •• DECLARING THE CONDITION OF •THE.PROPERTI' LOCATED AT I POPPY TRAIL. TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. DECLARE AND ORDER AS FOLLOWS:THE CITY. COUNCIL OF THECffY OF ROLLING HILLS DOES HEREBY FIND Section i. Pursuant to Section 8.2 4.030 of the Rolling ' Manager. notified Mr, Alan Sheen, owner of that certain real prop, ty�inncth ipealCity RollingofCode,l City Hills commonly known as 1 Poppy o that would potentially -aggravate and accelerate an n existing landslide. Tl elmeasures include removing all debris (deteriorated plastic and sandbags). from the "site; covering affected area with new UV resistant plastic sheeting,. the entire devices to` divert stormwater from entering the landslide area from locations above -ground abovethe . headscarp, of the landslide. The Aneasures are designed to restore the' winterization improvements that were performed on the property in early 2 normal deterioration, in anticipation of the 2006-2007 tvinter rainy se and have since suffered that the measures; be taken or commenced (and completed tvith ue diligence) The notice ober2d 2006, othenvise the City Council tivould hold a public hearing on October 23,20 6 in theCity 'Council Chambers of City Hall to hear any protests the owner might the nuisance. On October 11, 2006 oit have to the abatement of 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 • regarding the condition of the property located at 1 Poppy Trail. to testify and submit evidence • Section 3. Based upon stiff reports, related document's and the evidence presented at the time of tie hearing, the City Council makes the following findings of fact: a. The property located at 1 Po landslide in the City. of Rolling Hills. The property is improved withla� active single family residence, swi,nming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2 Inspections of the property demonstrate that the single family residence reinains 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 ivas provided lo the owner'of 1 Poppy Trail. c. The plastic sheeting sandbags s nd ,� installed on the property as part of the 2 °� ` C e g cu, -,u drainage devices suffered a normal amour,t of deterioration and nced6 nuisanceabatement into der to remain in inhibiting the infiltration of stormwatcr into the landslide. if these protective measures are not kept in good condition and repair, infiltration of water into the slide plane %vill likely aggravate the slide, resulting in further damage to -the property City's geologist reports that the protective measures installed in surrounding 05-20 area. The successful in slowing the movement of the landslide. 005 2006 have been 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 pro ert + at Trail„ and the open crevices and fissures, separately and collectivclyconstitute a public P } 1 Poppy nuisance within, the meaning of Sections 8.24.010 and S.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 installed in 2005-2006 in anticipation of the 200600d condition the winterization' measures • further.infiltrate the landslide and will further destabilize lize the property, g persons and property in the area. 7 winter rainy stormivatcr will creating a danger to Resolution No. 1014 Section 6. •In accordance with the foregoing, and bee it is the duty of prorcrly owners to maint,. ,heir properties free of nuisances, the City C . cil orders that the properly 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, or: 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 5.21.060 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. 1f 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, xvhich 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 B. Allen Lay N'layor 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 B£ A PUBLIC NUISANCE AND ORDERING THE ABA'rEMci T 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: Clone. ABSENT: Mayor Pro Tem James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 _2- \NO VII October 11,.^_006' VIA CERTIFIED AND REGULAR \•1;11L h'ir. Yin .^ ` Sheen .i I Poppy Trail ° 1 I,-.:�lan Sheen Rolling Hills C:‘` 9.t2, a • 1 -Poppy Trail Rolling Hills, CA. '0274 Dear Mr. Sheen; 1f.X1111117' A. 2 ?Or•IUGU SE Ei1:RPC:o g011 "G4LtS; FAk 1710) ._ t E•.r, 1 c from amin r\lr. .Ala n Sheen 20603 Toluca Avenue Torrance, CA 90503 You,. ill recall that on September 26, 2005, the Rollingn� Resolution l`ro 996 declaring the property at I Hills co ordering Council adopted O the abatement thereof. Subsequently, upon Poppy your tome totutc a nuisance and -.. the: City obtained an abatement warrant y Pon failure abate City obtained corrective rrant from the Su e the its nuisance, winterization work on the Superior Court and utilizing its forces Council approl•eci the costs incurred ;n', property. Ort'a Council approve your perfermirg the baternent'work a the City y' r property in that amount. and a lien was Since the above referenced improvements were installed on the r suffered a certain a► 'cunt of normal deterioration. 1\rith the approach winter/rainy season, the City's.� P operty, they have improvements inte/rai installeda nt b t gCgeologists are recommending that theab to abatement __OOi effective in minimizing o that they remain nd upgraded idso .t I a cop intrusion of stormh•atcr into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19 2006 recommended winterization work necessary setting reloprotectagainst is tobeimplementedon ropertthe season. aggravation of the existing landslide as l,• your the mitt to e approach the rainy Pursuant to Roiling Hills h•lur.ici I • Possessor Roiling sever p'' Code Section S 24.020 ("Duty of Owner or Po se or withinroper the "bevery person es othe o owns or is in possession mace or area property, City shall, P e_rion of any property, P p y place' or area free from •n n is nc or her lino expense, Code S,c ct S.?S:0'_O ucfiiresan , any Rolling enlarge s C onaccelerateSO'Od hires landslide on property Hillsag A1uaicipal P }art}' thate has kilt bate at n pursuant to Chapter S:2 . We to be a public nuisance subject to abatement your ant to. P t'` e have enclosed a copy of both Chapters S.4 and S 2S for Pursuant to Section 5.4.030, you are hereby directed to implem measures in order to abate conditions on your and accelerate the -existing landslide. property that will potentially a��ral'ate ent the following 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 pinsi by nd was ere. 3. Install aboveground drainage steel and washers. devices. Rcsolution,rNo.101 I Page 2 You may perform the above work xvith the contractor of your choice, and must do so or commence doing so (and complete the Ivork 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 _•'005-2006 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 \vill 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 meat 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, �tl ti h iei Jerks Acting City Ilan: ge i 1\'1J:mlk 10-11.OGthn•n-hr.dnc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy !tali, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Resolution No. 1014 -4- L. 1 warrant and declare that 1 am the owner of Ile property located at 1 Poppy Trail, Rolling Hills CA. 1 hereby give my consent to the'City of Rolling Hills for its agents, contactors and eni1 o ecs to enter my property solely and _exclusively •:to perform the lvork described in the September 19. 2006 letter from Erosion Control Specialists, and for no other purpose. 1 understand and acknowledge that this work will Lc performed at my expense. . .-_ ll: t.lP Erosion Coctrol C� J_iccncm .'iSa15`•) Septet -1111:r 19, 2006 Atto: i•tilx Jerkins Ci,• of Rolling Hills _2 Pomrr. 1?end R 1. Rall:na }1;113. Ca 90274 • Pear Milt:, We cropo c to furnish labor end materials for the Poppy Tr_7 proleet in mi!in< hills, Ca These :crises will he completed in accordance ^,ith indurny st-md rds and will ce:aplt• eith all lsas. Prr.•ziling :tz_ a a -e in affect en this t:rrjeei aa;1 to iLcd seen:,iin2 to the currant hourly pre.•ailine wage rate. 1. Site mobilization 2. Del.Ti-i: Removal. This to include removal. oral l'plassuc 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 dews not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of ITV resistant plastic sheeting to cover the entire slide 2i -ca - .:rid be covered with Tensar TR i 450 fiber blankets to reduce uv penetration and reduce dare fi-om the sun. Plastic sheeting and Tcrsar material will be anchored :villa 12" steel pints and tv-a,hets. Jnstallation ::ill he preformed based on supplier recommended installation methods. 4. Installation of above E.round drainage devices as specified by the erosion control plan. Ctn. 'f_ the ...-_r. i_ f 77 Q7Ccrti fiCrCrT.r'ur_ ,�•.r..�:bo;lrr.vin.riSjGGII_St�Clfa-Cyour rp:m\'al:ye can corn*tcnce WC171:. This wort; is an ar;etnpt to prereot srJlcr slope movement hut, Eresica Cont-.o1 Specialists will not tc held liable for any f t_ater, Iroi•crncnt of the slope and any CZTTCrpOriding da iagc or injury rc!atiae :o .such. It is hi 1tly recorntncndcd that the plastic shceGL[ _r1 c:rresponding tL_nnce systco 1. n_ntaincd throughout the rimy s-aran. Trc':_urcc r c temporary zod must be 711aint:tis ed to keep the:_ proper integrity. Adainteaaace services stre net included in this Erooi•n Cnnrroi Sprrblia`1Is 7tr.) V;rni.n;nl Ln. c:r $ 0;4 nr nun:in.':on ich. Ca (.5(V).376-105- ' n6. r Lc'Srr.ctausrs.coq Resolution No.101 I I• • ! 1. rL , _F .; !l•:::;�";(.i. Erosion Control Spcciali tc C:I -Li cca c:IJ515s1 } repo J lilt c» b_ ,rotiJcrl t il..u: h471 t11� rcc c.1 �mi ba:iJ on n.'ail ,hill;;, Sincerely, jl�� .13:o -(k16 Erosion Con ol Specialihs 909-753-9637 S00-376-1015 �y =e o•'iccspeci:lists.cem trr.:nn CnrIrnI Spranti.H 16'51 V:.wlroinr lti Ste tl n:4 11„� nClr.n reset, :53Au; EcsrECt111S7S.Cp.1 (, (-'na).i:r_• 1Uj_ Resolution No. 1014 gist U kaki at I .., J-11.,1,1.0' 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 $ 147,923.77 $ 222,332.4Z ® Primed on Recycled Pnper Mr. Alan Sheen 1 Poppy Trail Road Rolling }-tills, CA 90274 Po g L t�� INCORPORATED JANUARY '.5, 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. 1,72S 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 Croup 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 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 13,030.55 3,454.60 NO. 2 PORTUGUESE BEND ROAD nOLLING HILLS. CALIF. 90274 (310(377.1521 FAX: (3101377.7288 E-mail cilyolrhgaol.com Net 10 Days 117,351.00 16,435.15 . 710.00 59_92 134,606.07 11,366.50 1,956.20 S 147,923.77 ()Pre, •it s 1 n•; I E.., •�! 6.,1 1'.� -., rHVc UL/ CJL Erosion Control Specialists P.O. Box 1626 �i untington Beach, Ca 92647 BILL TO • The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 • ITEM 190016 DESCRIPTION • 1debris removal. this to include all exsisting 1plastic, sandbags, vegetation; and any other '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 I cover slide mass. 190025 i tensar woven blankets. 90029 j tensar reccomended steel stakes to be !installed to anchor plastic sheeting and I woven blankets. I I 90038 1 installation of tensar woven blankets. I installation to be preformed with steel stakes. Ito be installed using a trech for anchoring purposes. 90005 'installation of above ground drainage devices as specified in EC plan. � 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 /15/2007 170 I SHIP TO: DUE DATE P.O. NUMBER. I. 1/23/2007 .. i _.... - QTZ' 1 :.RATE. - AMIOUi�T . ... ... •--- ---- 1 I 0.00 1i 0.00 I I 1 I 1 0.00 1 I I 0.00 1 I 1 0.00 1 0.00 34,385.50 Total • . 34,385.50 Mar Ub U/ U4:41 p Jason Locklin • 714-849-6063 p.2 Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 nvoice. DATE INVOICE # 1/1612007 174 BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION DUE DATE P.O. NUMBER 3/5/2007 QTY RATE AMOUNT 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 90038 90005 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 0.00 1 1 0.00 0.00 0.00 0.00 0.00 !Vial v:a y r L' .-t I p Ja,UI I LUL?V II I /'I 4-bo-bUb:S p. S Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice DATE ! INVOICE 4 1/16/2007 L 174 BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM DESCRIPTION QTY Invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) DUE DATE Y.O. NUMBER 3/5/2007 RATE r AMOUNT 34,385.50 Please remit to above address. Page 2 Total 34,385.501 14-t54:J-bub3 p.3 Erosion Control Specialists Y.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. DUE DATE P.O. NUMBER r4/22/2007 QTY RATE AMOUNT Thank you for your business! 1 1 1 1 3,360.00 1,120.00 3,360.00 3,202.00 1,120.00 -2,049.30 Total 5,632.70 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. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 A. Signature X ❑ Agent D 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 O Registered O Insured Mail 0 Express Mail 'Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2 7005 1820 0008 3440 6150 N o f L41z4(°1 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 i i i 7005 1820 0008 3440 6150 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 TTIRTIM MAY I L03R �?IS7 CITY OF ROLLING HILLS By �- Final 5 / Returned