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1 Poppy Trail - Nuisance Abatement Folder 3 of 3a NEW BUSINESS CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LEI IER DATED MARCH 1, 2006 AND REVISED MARCH 22, 2006, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD.. City Manager Nealis presented the staff report providing background regarding the declared public nuisance at 1 Poppy Trail Road, outlining the charges incurred by the City to complete the actions determined by the Consulting Geologist to abate the declared public nuisance and outlining the procedures in the Municipal Code relative to the abatement of a public nuisance and recovery of costs. Mr. Craig Collins, attorney representing Mr. Sheen, the property owner of 1 Poppy Trail Road, stated that he is opposed to the costs being imposed on his client. He stated that the City demolished his client's house without compensation and is now sending his client a bill to complete this work. Mr. Collins stated that he feels this is unfair, and that his client did not do anything to cause the landslide on his property and that the landslide also exists on other properties including property owned by the City and property owned by the Rolling Hills Community Association. He indicated that he does not know what measures the City has taken to share these costs with the others affected by the landslide. Mr. Collins stated that he feels that costs for the nuisance abatement are to further a plan to reopen Poppy Trail for the benefit of the residents in that area and he further stated that it is unfair to impose the cost of a road project on Mr. Sheen. He said that it is inappropriate to impose the City's legal fees on Mr. Sheen and explained that the City is entitled to recover legal fees only in certain circumstances where provided by statute and there is no authority for the City to recover attorney's fees in this situation. He commented on the invoice and charges for the City Manager's salary. He said that no backup had been provided for the Administration Costs and indicated that he would like to have Mr. Nealis sworn in so that he could cross examine him as to what exactly he did for $1,956.20. Mr. Collins commented on the provision in the Municipal Code that a lien could be placed on Mr. Sheen's property. He asked that if the City does approve the nuisance abatement costs, that the City postpone the lien because of Mr. Sheen's pending litigation against the City which involves the landslide and which will be amended after tonight to involve a challenge to the imposition of the costs on Mr. Sheen. He asked that no action be taken to encumber Mr. Sheen's property until the Superior Court has an opportunity to sort out whether the charges being imposed on Mr. Sheen are truly legitimate. City Attorney Jenkins said that Mr. Nealis could briefly comment on what he did in connection with the nuisance abatement. Mayor Pernell commented on Mr. Collin's objections to the City's legal fees and the City Manager's administrative costs for the nuisance abatement. City Manager Nealis stated that the nuisance abatement costs only include the nuisance abatement activities occurring specifically on 1 Poppy Trail. He said that it does not include any of the winterization activities by the engineer, geologist or mitigation measures off of 1 Poppy Trail. Mr. Nealis indicated that the nuisance abatement costs do not fund any portion of the roadway project completed- by the Community Association, the ATV road or the temporary emergency access. He explained that the nuisance abatement costs only include the items authorized by the City Council under the nuisance abatement procedure. In regard to the Administrative Costs, Mr. Nealis explained that this is not a salary reimbursement charge, but an administrative cost determination conservatively estimated at 20 hours of his administrative services only in conjunction with the nuisance abatement. In response to Mayor Pernell, City Manager Nealis stated that if the road were not there the nuisance abatement activity would still have been required. Councilmember Heinsheimer queried the process and role of the City Council describing his understanding that the City Council was being asked to approve the costs on the bill and that there would be subsequent debates about the details of the bill in other venues. City Attorney Jenkins stated that Councilmember Heinsheimer is correct and explained the process and role of the City Council including the review of the costs, providing notice and opportunity for the property owner to correct the nuisance, preparation of all necessary documents, conduct of the public hearing to declare the matter a nuisance and ultimately obtaining an abatement warrant and then correcting the nuisance. He said that the Council's task this evening is to review the costs and ascertain if those costs were. actually incurred in that defined process. City Attorney Jenkins further explained that if the costs are approved by the City Council, the City Manager will then send a letter to the property owner asking him to reimburse the City for those costs that were expended to abate the nuisance that was on his property for which he was responsible under the City's Municipal Code. He indicated that if the property owner does not pay those costs the City will record a lien against the property and the purpose of the lien is to give constructive notice to any successor in interest that the City has an interest in the amount of $147,928.77 or what ever amount the City Council approves so that if any one were to ever purchase that property that they would have constructive notice that money would have to be paid to the City. He said that the City will also take action in the future to place this lien with the County Tax Assessor so that it appears on the property owner's next property tax bill and if the property owner has not paid this amount by then, will be obligated to pay this amount with his property taxes. He further explained that if the property owner does not pay this amount, the City has the right to bring a civil action to recover this lien amount against the property by way of foreclosure in which case the City can force the property , through a foreclosure action to be sold so that the City can obtain what it is owed out of the sale of the property in foreclosure. In response to Mayor Pernell, City Attorney Jenkins explained that the lien does not take priority overan existing mortgage on the property. In response to Mayor Pernell, City Manager Nealis explained the costs for the abatement and indicated that the abatement measures met the plan determined by the' geologist and engineers plan to meet the geologist's concern to abate the nuisance. City Attorney Jenkins further explained that Mr. Nealis was the individual on City staff who was primarily responsible for directing the process which entailed numerous site visits, discussions with experts, monitoring of construction, preparation of staff reports and similar activities. He said that Mr. Nealis has stated that he had conservatively estimated his time at 20 hours and he would be the best judge 'of how much time he has spent. City Attorney Jenkins stated that in his opinion, all of the administrative costs incurred by the City are recoverable in a nuisance abatement proceeding including the City's legal fees that are incurred specifically and solely in connection with the abatement of the nuisance. He indicated that the legal fees listed on the invoice are the fees that were incurred in connection with advising the Council and in obtaining the abatement warrant. He said that none of fees indicated were incurred in connection with the separate litigation that Mr. Sheen has filed against the City. In response to Councilmember Heinsheimer, City Attorney Jenkins explained that Mr. Collins has an opportunity to challenge the expenses incurred by the City for the nuisance abatement in other venues. z' Mr. Collins stated that he would like to examine Mr. Nealis as to how he spent the 20 hours but that he understands that Mr. Jenkins indicated that he would not be permitted to do so. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Hill moved that the City Council approve the nuisance abatement costs incurred by the City as presented in the staff report to abate the declared public nuisance at #1 Poppy Trail Road, and directed staff to proceed pursuant to the Municipal Code. Councilmember Heinsheimer seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, and Mayor Pernell. NOES: None. ABSENT: Councilmember Black and Mayor Pro Tem Lay. ABSTAIN: None. This page is part of your document - DO NOT DISCARD 05 2967195 RECORDED/FILED IN OFFICIAL RECORDS LOSRECORDER'S ANGELES COUNTY CALIFORNIA 8:04 AM DEC 05 2005 TITLE(S) : A/I i FEE CODE 20 CODE 19 CODE 9 i i Isl VI 1E1 11 1.1 D.T.T. Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown THIS FORM IS NOT TO BE DUPLICATED CITY OF ROLLING HILLS Z002 08/22/05 MON 12:09 FAX 310 377 7288 A , WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) By AUG 2 4 2005 CITY OF ROLLING HILLS 05 2967195 SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFOR14 MERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this day of J ► imslf-, 2005, by and between (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 1 08/22/05 MON 12:11 FAX 310 377 7288 CITY OF ROLLING HILLS U003 05 2961195 D. City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City's consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties by executed this Amendment on the date first written above. Lisa Saridakis Property Lswner 2 Property Owner RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) , 08/22/05 MON 12:12 FAX 310 377 7288 CITY OF ROLLING HILLS R004 05 2967195 CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Jerk 08/22/05 MON 12:13 FAX 310 377 7288 CITY OF ROLLING HILLS a 005 05 2967195 1 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES On Awl .44.` ,ze,& h before me, the undersigned, a Notary Public in and for said State, personally appeared L($ A Sit b4 (4 S known to me to be the person — whose n was/were subscribed to the within instrument and acknowledged that 411E executed the same. Witness my hand and official seal. Signature 4 MIA MIONG H. LEU P COMM. #1401743 NOTARY PURIM CALFORNW LOS ANGELES COUNTY *Comm. Expires Mar. ]9, 2007 ��.11l 9%S:.• . • ••'•• INSTALL 8" SDR 35 PIPE .o.,, • . .: ; • CONNECT EXISTING PIPE TO SWALE ....: .: • ............... n:er�' ..,......... .;::... aira:d.a.k.).. .....: ... ' . ....... „ ....... ...... . ,...:-. ... :: ....... ..... .. ,: -. . . :: ... ......... ..... f. .Lo•t•s...:.: ...:..:::and:::.:....: 7-.:::.:::. .. ,.. . • .........., :::::. ......... .. ..... . - .. •• ' ••••. : :t. ::•:::... Tr.a'c::..::1.:9..0 ::::::.::::.::::: . p:op'p.:::. Tr•.c,.:i f::. a: .:......::..:...:.:.•..... . . OBTAIN PERMISSION FROM % '" ' •. , ' ' .., • "' kq -•..;:-•..• ..... ' :....:.....:........:• THE OWNER OF #4 POPPY TRAIL-:::: ...:::'.....-:.:........::::.: :...::_:::.:.:::: .: : 0 • . .. • ......... • • PERFORM WORK ON THIS -.. -:: .......... .................... : ...j.:. ... •• • - ............................ ... ......:. *•:-..-..... ............... PROPERTY. • .....:..:.:.. 4, • .....:...:. N- 00 M 2 • Yom, •w; ..i._�:�:i,:.. `:1! • GUE$T- E • NDSLID • Signer's Name: 05 296110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On before me, VIA -C-17 L T Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared LAURIE L. McNULIY COMM. #I358271 —+ NOTARY PUBLIC.. CALIFORNIA LOS ANGELES COUNTY . . My Comm. Expires Nay 25, 2006 Name(s) of Signer(s) ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person '] whose names`) is/. re subscribed to the within instrument and acknowledged to me a6/he/they executed the same in hi er/their authorized capacity(ies , and that by his% er/their signature on the instrument the personfta`f, or the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand and official seal. Signet - of •tary ' ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document V 6- AVvv-e-v _d-na-1 -c P2Ltaz €- Title or Type of Document: Ut...CQ- Q ,cL 1.J Jj Document Date: 17 /0 Number of Pages: Signer(s) Other Than Named Above: t. --; C• SO— (16( � S Capacity(ies) Claimed by Signer Cyc 1 C 3 .A_aNa VLzceQA-o ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact O Trustee O Guardian or Qonservator -Other: b Signer Is Representing: lnALu,c_a_Cff RIGHT THUMBPRINT OF SIGNER Top of thumb here • i ) © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 This page is part of your document - DO NOT DISCARD 05 2967194 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8004 AM DEC 05 2005 TITLE(S) : FEE IFREE SS CODE 20 CODE 19 II i i i LEAD i I Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown THIS FORM IS NOT TO BE DUPLICATED 03118/05 FRI 12:32 FAX 310 377 7288 CITY OF ROLLING HILLS RECORDING REQUEST ED BY AND WHEN RECORDED MAIL TO: City of Rolling,Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 05 2967194 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AAND AGREEMENT PRUTEC"TION PERFORM EMERGENCY TEMPORARY THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made thisZLs'day of M444 , 2005, by and between Manelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as SEE ATTACHED EXHIBIT A, together with all improvements, household furnishings la� weffects,s A and CAN PROPERTY.rsonal O FORMAL located therein and thereon, more commonly y ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. 413/18/05 FRI 12:33 NAA 310 3'/Y rai8 G11'Y UN KULLll� ll1LLb Uu, 05 2967194 E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safetyandwelfare, aa and s the p not construed to ands the assumption of responsibility or duty any remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder.. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against roCity for and its contractors, officers, employees and agents arising out of the work in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. 03/18/05 FRI 12:34 FAX 310 377 7288 CITY OF TROLLING RILLS LJUU4 05 2967194 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. Provided that the work performed pursuant t to Section providedi ls for pehrformed with a standard of care that is not grossly negligent, pertaining to the work described in Section 1 extends to all clais of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the ' creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided extend to any erein is tclaims that etto the workher City or Performed roperty to Section 1 herein and does no may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 3 03/18/05 Nltl 12:35 FAA 310 3/1 7288 CITY Ul' ' RULL1Ntx li1LL5 CUUJ 05 2967194 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been herde by any Subject party, or anyone acting on behalf of any party, which are not embodied l to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Attest 6J fr-4roperty Owner Manelaous Saridakis Property Owner CITY OF ROLLING HILLS By: ,`/ City Manager 4 03/18/05 FRI 12:36 FAI 310 377 7288 CITY OF ROLLING HILLS lM/J U U U 05 296'7194 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) On /4i )- before me, the undersigned, a Notary Public in and for said State, personally, appeared known to me to be the person whose name /were subscribed to the et instrumentxecuted the �and acknowledged that fP me. Witness my hand and official seal. . 1 Signature 5 MIA MIONG H. LEU COMM.#1401743 NOTARY PUBLIC • CALIFORNIA «� LOS ANGELES COUNTY My Comm. Expires Mar. 19, 2007 .03/18/05 FRI 11:36 FAX 3.10 3Y'i Y188 0111 OF ROLLING d1LL8 6115104 42J(JUI Exhibit A 05 2967194 Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hilts Lot No. 9 -B -PT , Parcel 2 of Rolling Hills Lot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of said County, described as.follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the. land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said 'County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 4 04 15 43 Los Angeles County West Vector Control District SERVICE REQUEST REPORT ZONE CALL DATE 0 2/ 2 9/ 0 8 RECEIVED BY: tb REFERRED TO: D { -1 / CALLER Marilyn Kern w/ RH City Hall STREET CROSS STREET CITY HOME PHONE ZIP (3 1 0) 3 7 7 - 1 5 2 1 WORK PHONE ( ) MAP COORD: 8 2 3- E 1 POSSIBLE SOURCE LOCATION (IF DIFFERENT) NAME STREET 1 Poppy Trail CROSS STREET CITY ROLLING HILLS ESTATE PHONE NUMBER ( ) ZIP 9 0 2 7 4 INFORMATION: COMPLAINT SOURCE BEING BITTEN: Yes ❑ No Ft ACCESS APPROVED? CALL FIRST: DOG(S) IN YARD: Y N Y❑ NO VEIN ❑ COMMENTS• tb- spoke w/ Marilyn - The callers reporting a mosquitoes infestation coming from the green stagnant water and the pond. This has been an ongoing problem with this property. Please follow up with Marilyn . CALLER'S SIGNATURE: Did you leave a message if no one was home? Yes n No [] OPERATIONAL INFORMATION /O - Tr.:CHNIC1Ai4 HOURS -/ --. -TECHNICIAN SiGNATURE ASSISTANT HOURS �� ASSISTED BY _ INSPECTIONS MB OTHER SOURCE TYPE STREET TREATMENT CHEMICAL AMT. CITY MAP GRID ZONE / RI -17'727:6J L , T o"' . 27V ',f 573-6] L VV& e/6, it-} 3z3 -E1 Lei" MD -MIDGE SF -SEWER FLY FG-FUNGUS GNAT CF -CRANE FLY .COMMFNTS: A7:51 4 4/,/ /;\/ 47/./.:0q -c,....._ 0.4' 17,---__..ed,A4j. (A.), pi ____„, dzyG,..01-2.,) 0,r 'iff2, At Qr/t/Qcti;q(f ,(1.� . e J4c1-A7-2 /. / ;�`itA / A`1 //lick (_A9 ✓ ai 67,,ve s6,1- l . _ d f -jetel C A" `3 l ti�,� , o - -..5A AS - f} / 5-f- /_-x; f4 �'.',,. �( AA d ,�.r, ^ .2 ill. ,i ,,,, 47 S 6 ,9,v, A/oT i~ bac f1 r� p cam, I % ✓_erii�g �.,-// r✓2 :./O(2 <57--c', d - x TREOTMENT_TATOL CHEMICAL USED A1t-L Alt -1M Alt -5M Alt -P VBL VBG BTB AMMF FISH PHYSICAL OTHER gal no. no.. I t -I' oz. gal oz. no. gal SITES WITH BREEDING SITES WITHOUT BREEDING L3 C'%L. i ch l % f112 t Uti]2/74A- ,41Jct_ 1-3:64 c 9 L LuiJu OITY OF RO i G HILLS By 10 11:55 208 5/15/06 11:55 11:55 DATE/TIME STAMP 06 1080935 MAY 16 2bO8 --- --- --------------- -- -- -------------------------------------- __________________------------------ -__==---Cntr1# ------------------------------------- ----- _____- --41291 JENKINS & HOGIN I SPECIAL 3572948 EEJ pu info. CTIY OF ROLLING HILLS NO.2 PORTUGUESES BEND RD. ROLLING HILLS CA 90274 310 337-1521 Zns: 50/9 EVA NIKODEM R.H. POPPYTRAIL 1/ 1 5/15/06 104 del info. 5/15/06 PICK UP DOCUMENT NUISANCE ABATEMENT LIEN. AND HAVE IT RECORD LOS ANGELES COUNTY RECORDER 12400 EAST IMPERIAL HIGHWAY NORWALK CA 90650 562 462-2716 Ext:2133 Zns:936/12 @ LOS ANGELES 5/15/06 11:27 5/15/06 To:12:12 Yes 208 No 9 . COPIN6 RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trail[elj Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 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, Rolling Hills Municipal Code Chapter 8.24 and Resolution No. 996, adopted on September 26, 2005, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on March 1 and 22, 2006, 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 $147,928.77. 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 April 20, 2006, 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 Trail, Rolling Hills, California, 90274. Dated: By: C1�A1CxNEALIS, CITY MANAGER CITY OF ROLLING HILLS RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM Space above this line for recorders use Only NUISANCE ABATEMENT LIEN 1 Poppy TrailielJ Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 BROADCAST REPORT TIME : 05/29/2006 10:00 NAME : ROLLING HILLS CITY FAX : 3103777283 TEL : 3103771521 SER.# : BROG5J303281 PAGE(S) 06 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 05/22 05/22 09:56 09:59 CITY ATTORNEY 19494175394 Ed grcl. cgs 02:03 01:13 06 06 OK OK ECM ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION CV : COVERPAGE PC : PC -FAX �9 c 2 L& /14,0-L TRANSMISSION VERIFICATION REPORT TIME : 05/22/20136 10:07 NAME : ROLLING HILLS CITY FAX 3103777288 TEL : 3103771521 =ER.# : EROG5J303221 DATE, TIME FAX NO. /NAME DURATION PAGE (S) RESULT MODE 05/22 10:05 CITY ATTORNEY 00:00:50 09 OK STANDARD ECM Dv' City 0, PP...S Jd<PP INCORPORATED ,I "NI,IA.r^Y 24, 1957 FAX COVER SHEET DATE: 512.214 TO: 4t (4h FROM: Cft t' €st. g e-Laitrisr, 54eve N of NO, 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 20274 1310) 377-1521 FAX: (310) 377-7289 > mail; cilyclrh@aol.com TIME SENT: ell go iY1 . FAX: SUBJECT: REMARKS: OPERATOR: TRANSMISSION VERIFICATION REPORT TIME : E15/22/20Ei6 1E1: Eil? NAME : ROLLING HILLS CITY FAX . 31E13777288 TEL : 31E1'3771521 E;ER. # : BROG5J3Ei3281 DATE, TIME FAX NO. /I AME DURATION PAGE(S) RESULT MODE 05/22 16:018 19494175394 EIE1: E10: 29 02 OK STANDARD ECM City INCORPORATED JANUARY :>y, 195.7 FAX COVER SHEET DATE: Sj 2. f o< TIME SENT: N(. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377-1521 PAY,; (310) 377-7288 E•mait: cityofrh9aol.com So CI -•f?‘. TO: FROM: t Peloct-ptcls oll ,• e FAX: OPERATOR: rikki as, SUBJECT: - t W S . hG - ll ICVL '. mime. - REMARKS: TRANSMISSION VERIFICATION REPORT TIME : E5/22/2EnJE 10:02 NAME : ROLLING HILLS CITY FAX 31A3777288 TEL : 3103771521 SER. # : 5F'O55,T303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05!22 10:00 19494175394 00:01:22 07 OK STANDARD ECM DATE: TO: 3ig INCOnPQR4TED JANUARY 24, 195'/ NO. ?, PORTLIGUESB BEND ROAD ROLLING HILLS. CALIF. 90274 (.510)3n-1521 FAX: (310) 377-7288 8 mail: cityoirhragI,com FAX COVER SHEET �oL gIclictg Sieve (e FAX: SUBJECT: REMARKS: /ltc TIME SENT: FROM: _ C 't) 7e- 's Cett_____Mto.„Kek,.0)e. OPERATOR: • RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITYOF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S ee- A R L MAY 16 2006 Usitro ►) ecorded • •;:' r<', sr f'; 1114h ":rialnai. PACE -I .•.SIZE,., ;^..�p,A.�;,. t COPY ?i 1pti'Li r LONG NOCOR SMF MISC. tt‘- REFUND 1�� NCHG Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trailleij Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 EXAM This page is part of your document - DO NOT DISCARD JUN 0 5 2006 CITY OF ROLLING HILLS By TITLE(S) : e 06 1080935 RECORD RECORD N OSFOFF CE FICIAL RECORDS LOS ANGELES CAFORNIAUNTM L 4:01 PM MAY 16 2006 H i i i i i i i i i i i i 11 LEAD SHEET FEE D.T.T. CODE 20 CODE 19 CODE i9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown I THIS FORM IS NOT TO BE DUPLICATED '"-' RECORDING REQUESTED BY 061080935 • WHEt RECORDED MAIL TO NAME Qny OF &Lulu& thus MAILING. ADDRESS IVO. L rognit CL{EsE- povo .RD: CITY, STATE ZIP CODE ' J)L F/-jLS, C/4 ,UrZe-7 I SPACE ABOVE THIS LINE RESERVEDFORRECOJiDER'S USE TITLE(S) /� 1,51Xice HA -77610r W syoll 06 1080935 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, Rolling Hills Municipal Code Chapter 8.24 and Resolution No. 996, adopted on September 26, 2005, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on March 1 and 22, 2006, 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 $147,928.77. 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 April 20, 2006, 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 Trail, Rolling Hills, California, 90274. Dated: By: (r-66 CRAG NEALIS, CITY MANAGER CITY OF ROLLING HILLS • t , (7j4 U . / 0f/ n _A& • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember April 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen and Mr. Collins: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 At the regular meeting of the Rolling Hills City Council held Monday, April 10, 2006, following discussion which included testimony by your legal counsel, the City Council approved the enclosed staff report and revised 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 $147,928.77 (see enclosed invoice) within ten (10) days of this action of the City Council, no later than 5:00 p.m. on Friday, April 21, 2006. Failure to reimburse the City of Rolling Hills by April 21, 2006 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. Sincerely, 7/7(--YV Craig R. Nealis City Manager cc: City Council City Attorney California Joint Powers Insurance Authority Mr. Ed Richards, Kutak Rock, LLP Printed on Recycled Paper. • lr' 1 • Cif 0/ IeJt INCORPORATED JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 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 1, 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Net 10 Days $ 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 $ 117,351.00 13,030.55 3,454.60 16,485.15 710.00 59.92 134,606.07 11,366.50 1,956.20 $ 147,928.77 Pnnied on Recycled Pape', TO: FROM: SUBJECT: Ci4 0/ R0ff • 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: 8-A Mtg. Date: 04-10-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LETTER DATED MARCH 1, 2006 AND REVISED ON MARCH 22, 2006, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD. DATE: APRIL 10, 2006 BACKGROUND At the regular City Council meeting held Monday, September 26, 2005, the City Council, following a public hearing, adopted Resolution No. 996 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. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the headscarp of the landslide. 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 October 6, 2005 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than, October 10, 2005 and complete the corrective mitigation measures no later than 4:00 p.m. November 10, 2005. By November 10, 2005 the corrective measures had not commenced and had not been completed. Therefore, after issuance of the Abatement Warrant by the Superior Court, the City initiated and completed the nuisance abatement on the property. -1- Printed on Recycled Paper. • • 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 March 1, 2006 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. A "Revised Invoice" for the nuisance abatement costs dated March 22, 2006, that was sent to the property owner of #1 Poppy Trail Road on March 22, 2006 is attached to this staff report. The change from the original invoice sent on March 1, 2006, includes a charge of $3,454.60 for required soil testing for removal of the soil in flattening the headscarp to 1:1 slope. Therefore, total costs for the nuisance abatement that is submitted to the City Council for consideration of approval are $147,928.77. 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 by anyone, including the property owner or his representatives, and consider approval of the nuisance abatement costs attached to this staff report. CRN:en 04/10/06NuisenceAbat.sfa -2- GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember • • .Jklio iNCORPORA-ED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com March 22, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Alan Sheen Craig M. Collins, Esq. 1 Poppy Trail COLLINS LAW FIRM Rolling Hills, CA 90274 The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: REVISED NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: On March 1, 2006, by the way of certified and regular mail, we sent the attached Invoice to you regarding Nuisance Abatement Costs. In that correspondence, we indicated that the City Council may approve the enclosed bill, or may make any modifications to it as may be appropriate, at their regular City Council meeting to be held on Monday, April 10, 2006, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. This letter shall serve to provide you notice that we will present the attached "Revised Invoice", dated March 22, 2006, to the City Council at the above referenced City Council meeting. This Revised Invoice includes a late bill that was submitted to the City of Rolling Hills from Group Delta relating to the Nuisance Abatement efforts. Thank you for your cooperation. Sincerely, <AA Craig R. Nealis City Manager CRN:en 03-22-06slfcen-1 t r, doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP • cie, leollin INCORPORATED JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 REVISED INVOICE NUISANCE ABATEMENT COST March 22, 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com $ 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 $ 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 Jenkins & Hogin Legal Services Administration Costs City Manager 134,606.07 11,366.50 1,956.20 TOTAL $ 147,928.77 ®F°nn'<:rlrrtr H.:r;•r tr:•.1 INCORPORATED JANUARY 24, 1957 GODFREY PERNELL. D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 1, 2006 VIA CERTIFIED AND REGULAR MAIL 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: cityolrh@aol.com Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: At the regular City Council meeting held on September 26, 2005, the City Council declared a public nuisance on the property at 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 the property owner, therefore, after appropriate notification to the property owner, and after issuance of an abatement warrant by the Superior Court, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 8.24.060 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 for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 10, 2006, 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 Council, if any, in full within ten (10) days of Council approval. ®Pnna•rl c•r; H•.[ Page 2 Thank you for your cooperation. Sincerely, JAS Craig R. Nealis City Manager CRN:mlk 03-01-06sheen-lt r.dnc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP • city o/ Poilin.A�r�� • INCCP:P:='iRAT ED JANUARY 2L}, I 9 5 7 Mr. Man Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST February 28, 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 Peninsula Septic Svc. Pump Septic Tank - Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com $ 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 $ 117,351.00 13,030.55 710.00 59.92 131,151.47 Jenkins & Hogin Legal Services 11,366.50 Administration Costs City Manager 1,956.20 TOTAL $ 144,474.17 ®Prit !earl , .: 1'.r ., 010 937 1470 Erosion CiiontriSpecialists 16761 Viewpoint Lane #074 Huntingtr�n Beach, Ca 92647 Ili ._. ii BILL TO The Cityl f R_olling Hills No. 2 Pci 1' tuguese Bend Rd. Rolling 1 -ills, Ca 90274 IIill Il I 1 I ITEM I - -.•._ 1 DESCRIPTION .._..__. Fi0008 ' f;.�o_ - - _._— - — ,I Iltion of guest house including removal. 3PPing of utilities. P. 82 Invoice DATE INVOICE # 12/7/2005- • 120- SHIP TO The City Of Rolling Hills - No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 l6 n�I NI Total DUE DATE 1/6/2006 QTY RATE 1 P.O. NUMBER AMOUNT 38,500.00 38,500.00 Erosion Contro: INVOICE NO 120 ilirlists e25 GROSS AMT 38,500.00 Audited and approved for Payment . AUTHORIZED S2.9N URE DISCOUNT 0.00 NUMBER 18053 Dec 12 05 NET 38,500.00 38,500.00 m045,030767 . lI Erosion Control !ecia1jts 16761 Vievvpoint Lane #074 Huntington Beach, Ca 92647 _ i BILL TO The City, pf Rolling Hills No. 2 Pc?-tuguese Bend Rd. Rolling H�Its, Ca 90274 ITEM 90016 90017 90025 90029 I ,` tting of head -scarp to a 2:1 slope. '•.'xportation of soil. :Ii!dditional debris removal required for prior !tlrading and exportation. this includes: the e:*oval of a large pine tree from the top of lope, removal of additional trees and ground over from the south edge of the slide, 11,11amoval of temporary plastic and sandbags at ;1tle mid -section of the slope, and additional 1 tree and ground cover removal_ at the top of 1., Lie slope near the new access road. Please remit ) above dadress. 310 937 1479 DATE ...... X12/2006 SHIP TO #1 Poppy Trail Rd. Rolling Hills, Ca 90274 P.9", invoice - INVOICE 1# 124 DUE DATE I P.O. NUMBER 2/11/2006 I DESCRIPTION --- ------ - --- --- ----- - QTY AMOUNTRATE 1 23,400.00 23,400.00 1,728 15.00 25,920.00 1 5,345.00 •1 Total 1 800.00 55,465.00 CITY OF RO' 'G HILLS NUMBER 18120 - . Erosion Control Specialists e25 Jan 23 06 INVOICE NO GROSS AMT DISCOUNT NET 124 55,465.00 0.00 55,465.00 Audited and approved for payment (1RE� AUTHORIZED SIG y' eSAIfGUARU cr.,,:r ;: u.' Z 55,465.00 W4SFO30167 tc:^ P • Erosion 9.'ontrol Specialists 16761 Vittc'point Lane #074 Huntingti n Beach, Ca 92647 It. BILL TO The Cite Of Rolling Hills No. 2 Pi rtuguese Bend Rd. Rolling ['lilt's, Ca 90274 ll ' ITEM � � DESCRIPTION 90001 i -- ------•-._..._-------- nstallation of plastic sheeting and sand -bags 6 specified per plan 90005 , nstallation of above ground drainage devices ,I - E; specified in plan 90006 nstallation of 18" NDS catch basin as I:)pecified on plan f4czc-1 90009 •.;ompactlon and gr a work for adequate � Irainage above slope i it Please remit I above address. �I i • 310 9-7 1470 P-02 DATE 2/12/2006 SHIP TO invoice INVOICE t# 128... - DUE DATE I P.O. NUMBER 3/14/2006 QTY , RATE 1 19, 736.00 1 1,200.00 1 1,850.00 1 600.00 AMOUNT 19,736.00 1,200.00 1,850.00 600.00 Total 23,386.00 y -19-2005 03 :Sri Pr ECS • __0 III 1 4 7 0 P.03 Erosion Control Specialists Ca License #851583 "It • s unknown whether or not a septic tank exists and will be discovered during the Ivor) preformed. If a septic tank is found, the removal will result in additional costs. Our • rice for performing the above mentioned work will be as follows: 1. DI:rnolition and removal of guest house. It 2. FI ` ]ttening of headscarp to a 1:1 slope ratio. 3. Piicement of sand -bags and Plastic 4. I I1 tallation of above ground drainage Tot;,�G 38.500 ✓ 23,400 19,736 L200 82,836 ✓� Thi:work is an attempt to prevent further slope movement but, Erosion Control Spe ialisls will not be held liable for any further movement of the slope and any con4 sponding damage or injury relating to such. it is1 highly recommended that the plastic sheeting t and corresponding drainage system he mait:tained throughout the rainy season. The measures are temporary and must be maii'tained to keep there proper integrity. Maintenance sen-ices are not included in this pro]II t: osal but can be provided throughout the rainy season upon request and based on ava- ability. Sin.), rely, l sc nL Ero! ion Control Specialists 909(� 53-9637 Fax 714-849-6063 Jast n@ecspccialists.com Erorlon Control S 121141 16761 viewpoint Ln. Ste # 074 Huntington Beach. Ca (800) 376.1015 (909) 753-9637 ECSPECLILISTS.COn1 t10 `. -1 9-2005 03 :3O Pri • IYIhI1)It 470 P. r2 Novi! Erosion Control Specialists ber18,2005 Attn: Craig Nealis City: f Rolling Hills r2 Pt,rtuguese Bend Rd. Rolling Hills, Ca 90274 Ca License 4851583 v us ilr3aeiSMenn— Dea• Craig, We ropose to furnish labor and materials for the Poppy Trail project, located on poppy trail fl in Rolling Hills, Ca. The: e services Nvill be completed in accordance Stith industry standards and will comply with all laws. Prevailing wages are in affect on this project and \rill be used per city regli cements. l� 1. Site mobilization 2. I1. emolition of guest house above' headscarp. This work will include: I'* a. asbestos survey and inspection. I1 b. demolition of guest house and portion of asphalt c, removal and disposal of guest house and portion of asphalt driveway. r'* d. capping of all utilities. I� 3. t_ut back headscarp to a 1:1 slope. It is estimated that a total of 3600 Ityards of soil will be cut in this process. Costs will incur if the amount l�f soil cut exceeds 3600 yards. This will not include the importation or {xporiation of soil. All soil that must be imported or exported will I esult in additional costs. ✓ 4 ./4. kI?lacement of sand -bags, according to plan. 5. . lacement of plastic sheeting, according to plan. 11 6. � f acement of above -ground drainage, according to plan. This will not •nclude the plastic nds catch basin. * I; inc the event that asbestos is found, abatement will be necessary and will additional costs. Eroeion Control Specialiste 16761 Viewpoint Ln. Ste */1174 Huntington Bench, Ca (800) 376.1015 (909) 753-9637 ECSPECULISTS.COM (edified MBE City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 INVOICE Invoice #: 06-0221-D January 13, 2006 Attn.: Craig Nealis Project L599 B1 Poppy Trail #1 Landlside Winterization Summary Invoice for Professional Services for the period, October 1, 2005 through January 27, 2006 Professional Services Hours Rate Total Michael Reader Project Manager 13.00 $ 185.00 $ 2,405.00 Steve Kolthoff Geotech Engineer 45.00 $ 130.00 Todd Armstrong Project Engineer S 110.00 $ 5,850.00 $ Kendall Chun Technician $ 85.00 $ Total Professional Services $ 8,255.00 Other Direct Expenses Vehicle - Hourly Vehicle - Mileage Sample pick-up dr delivery Bolton Engineering Units Rate Amount S 5.00 $ - . 105.00 S 0.50 S 52.50 S 55.00 $ - $ 4,107.00. 115.00% S 4,723.05 Total Reimbursable Expenses $ 4,775.55 INVOICE AMOUNT $ 13,030.55 We appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. teven H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 Note: This invoice summarizes the Winterization Task that Group Delta Consultants, Inc. performed from October, 2005 through January, 2006. The task included Bolton Engineering for surveying and layout of slope drainage desing and plastic cover, observ-ining the emptying of the septic tanks and pits, observing demolition of the guest house, backcutting of the vertical slope below the guest house and observing the covering of the landslide withplastic sheeting 2291 1\'205' Slrcrl, Suitt- 105 ♦ Iu: anci'. California 905111-1459 ♦ (110) 320.5101) voice ♦ (310) 320-21111 fu 4:ice.. \7 .,,. l..uil. •;1r.� ♦ ny41 M"i-11121) Sin Diego. California ♦ 0)58)524 -15th) . � w wtr.eroupDo•Ila con Cc rtirii,,1 AWE E City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 MAR 2 2 2006 CITY OF ROLLING HILLS By INVOICE Invoice #: 2902 March 10, 2006 Attn.: Craig Nealis Project: L599 B1 Nuisance Abatement for Poppy Trail Landslide Profrssional Se! -vices for tlu'period, January 1 through February 24, 2006 Professional Services ;ichz:el Reader Steve Kolthoff Todd Armstrong Kendall Chun Project r ran ,gc- Geotech Engineer Project Engineer Technician Hours Rate rota) 185.00 $ - $ 130.00 $ - $ 110.00 $ - $ 85.00 $ Total Professional Services $ Other Direct Expenses Units Rate Amount Vehicle- Hourly $ 5.00 $ Vehicle - Mileage $ 0.50 $ - Sample pick-up 8: delivery $ 55.00 $ - .4dlvauced Technology Laboratories S 1,594.00 115.00% $ 1,833.10 Bolton Engineering $ 1,410.00 115.00% $ 1,621.50 Total Reimbursable Expenses $ 3,454.60 INVOICE AMOUNT $ 3,454.60 we appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. Michael D. Reader, G.E. Vice President Contract Budget Amount Previously Invoiced Amount Current Invoice Amount Remaining Contract Amount $ 9,050.00 $ 20,413.05 $ 3,454.60 $ (14,817.65) Please Remit Payments To: Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 r • Advanced Technology Laboratories INVOICE SOLD TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 • ATTN: Steven Koltboff PROJECT: L-399 • INVOICE NU 5ER: 0080340-LN INVOICE DATE: 12/31/2005 ORDER NUMBER 0080857 ORDER DATE: 12/21/2005 CUSTOMER NO: GRODE01 SHIP TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 SHIP DATE: 12/30/2005 CUSTOMIFR P.O. F.O.B. TERMS Net 60 Davis l V ITEM NO. ITEM DESCRU'TlON UNIT SHIPPED PRICE AMOUNT 8082 8260 8270/625 6010CCR 7471 ' 8015HC ASBESTOS 5035 PCBs Volatiic Organic Compounds Semi -Volatile Org .nice Title 22 Metals Mcr;.ury by Cold Vapor TPH (Extrac)C5to>C32 Brut -own Bull: Asbestos ID by PLM 40m1 Voa tar d & prrp EA 3.00 60.00 180.00 EA 4.00 85.00 340.00 EA 3.00 165.00 495.00 EA 3.00 90.00 270.00 EA 3.00 0.00 •0.00 EA 3.00 75.00 225.00 EA 3.00 20.00 60.00 EA 12.00 2.00 24.00 Net Invoice: 1.594.0o Less Dihmt 0.00 Invoice Total: 1,594.00 For your convenience, we now accept Visa and Mader Card.. To use this new service, please complete, sign, and return this invoice to.4TL MC 0 VISA L'] Card Na.: _ Exp. Dale: Invoice No.: Amount: Printed Name: Signature: TERMS: Wet 30. Discounts & special pricing are applicable only tf paid within 60 days, otherwise pay listprice. REMIT TO: P.U. Btu 92797 Long Beach, CA 90809-2797 Tr': _562 989-4045 Far: 562 989-6348 !U /. buyer Spur Koaci - SUlte Rolling Hills Estates, C/1.00;._ tel: (310) 544-6010W fax: (310) 544-0458 FEB 005 - BILL TO Group Delta Consultants 2291 W. 205th Street Suite 1 Torrance, CA 90501 DATE INVOICE NO. 11311'2005 5208 • TERMS PROJECT Due on recpt 5019 DESCRIPTION 0T ' RATE AMOUNT Oversee Lay Back and Erosion Control Work at # 1 Poppytrail. Reg Chief Engineer Registered Civil Engineer Plv;:.:l :r 9 2 130.00 120.00 1,170.00 240.00 p,^ura al,�„� p.3 Date Ace, L �, Thank you for your business. Total $1,410.00 Peninsula Sept_,: *vice, Inc War41) 1840 S. Gaffey St. #53 San Pedro, CA 90731 (310) 332-4800 Fax (310) 832-3636 BILL TO City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 P.O. NO. DEC 2 7 2005 CITY Of ROLLING HILLS TERMS Net 10 JOB ADDRESS Invoice DATE INVOICE 7# 12/21/2005 10236 Guesthouse 1 Poppy Trail Rolling Hills, CA 90274 PROJECT COUPON 7# DESCRIPTION Pump Septic Tank - Guesthouse L.A. County Sanitation District Disposal Fee Locate & Excavate Septic Tank & Seepage Pit (9/12/05) Thank you for your business. Total Contractors State License Number 800772 AMOUNT 190.00 70.00 450.00 $710.00 pe,e4acita. 5ozzi , 9a -C. 1840 So. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 FAX (310) 832-3636 Systems Located & Inspected Vacuum Pump Services Major Credit Cards Accepted Contractors State License No. 800772 Date Name Job Location j ;: ;, • City ; i State Phone No. 20 t • • Zip Escrow # Bill To Address r, t City ' = i :. %;. i �' Phone No. !. •• t _ Customer or agent initials authorize Peninsula Pump & Septic Service to enter property to 1 +`"s , 7 1. All invoices due net 10 days unless previous arrangements have been made. 2. This contract is subject to the approval perform service as agreed of the health department or agency controlling this area. INVOICE # P.O. # DISPOSAL # Extra Hose Charge, Each 25' Section over 50' L.A. County Sanitation District Disposal Fee Additional Pump / Vacuum Time Locate & Excavate Septic Tank / Seepage, Pit ' • Install 4" Riser Access Cesspool / Seepage Pit Install Manhole Access fo Septic Tank Customer: B Parcxada Se,Ez%s Scro ce, 9Kc. e State Zip C.; • CITY' )LLIN HILLS Peninsula Septic Svc. INVOICE NO GROSS ANT 10236 710.00 Audited and approved for payment : AUTHORIZED G ATURE p43 DISCOUNT NUMBER 18095 Jan 9 06 NET 0.00 710.00 710.00 WASHIUM 0 • Daily Breeze 10;START (11) REFERENCE, DATE EXPIRATIONDAT 09/17 -!Ac barn (12) DESCRIPTION -OTHER COMMENTS (13)(1`) OTHER CHARGES OR CREDITS 583378 PV1r7908 •' • . . I /.-7"•If:� LEGAL ADVEF. TIE PV % �_ PUB HEAR 9/26/05 MARILYN KERN ./ PUP{ litIerN 111:11S 2x3.25I 6.5I c?ic'.J1 more SAN PEDRO 59. 9 1VH,Cp I 59.921 Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 9027, Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid: I am over the age of eighteen years: and I am not a party to or interested in the notice published. I any the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed cope, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to -wit: September 17 All in the year 2005 I certify (or declare) underpenalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 17th day of September 2005 Signature SEP232GG5 CITY OF ROLLING HILLS PVPN #7908 • ews o, NOTICE OF PUBLIC HEAPING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Council Septemrser 226.2005 at 7.30 p.m., in the City Road. Rolling Hills. Californiado consider the following: Bend CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN Any person is welcome to review the file, prior to the public hearing at City Hall, 2 Portuguese Bend Road. Rolling Hills, between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Administration Offices at, or prior to, the public hearing. CRAIG R. NEALIS. CITY CLERK Published in the Palos Verdes Peninsula. News on �t•m•-r17 s� By B .... • ivyirf, LLF' • Manhattan Towers 1230 Rosecrans Ave Suite 110 Manhattan Beach, CA 0266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12808 Professional Services 10/5/2005 JCC Review resolution and minutes regarding Po 10/17/2005 JCC Review minutes and resolution declaring Poppypp Trail (Sheen)and 10/19/2005 JCC Workorderlonn abatement work on applicaion abatement warrant application g application a nuisance and JCC Research regarding City's ability to abate warrant 10/20/2005 JCC Research regarding Conner v. City of Santa Ana JCC Draft abatement warrant application 1 0/21 /2005 JCC Work on abatement warrant 10/25/2005 MJ Conference with Mr. Cotti regarding date for court appearance JCC Research regarding City's authority to demolish guesthouse JCC Draft abatement warrant; finalize application for abatement warrant 10/26/2005 JCC Revise abatement warrant and proposed order MJ Review and comment on application for abatement warrant and warrant 10/27/2005 JCC Revise application for abatement warrant MJ Telephone conference with Mr. Nealis regarding on nuisance abatement; conference with Mr. Cotti regarding same support of 10/28/2005 JCC Draft declaration of Mr. Nealis in preparation for hearing warrant application for abatement MJ Review complaint filed by Sheen and conference with Mr. Cotti regarding implications for City's acquisition of abatement warrant; telephone call to Ms. Schwartz regarding 9 g 10/31/2005 JCC same Review and revise Declaration of Craig Nealis JCC Review complaint filed by property owner MJ Review and revise Nealis declaration MJ Telephone conference with Mr. Nealis regarding allegations in Sheen complaint and regarding abatement warrant For professional services rendered Hours Amount 0.70 2.00 2.50 1.20 1.30 2.70 2.30 0.10 1.40 2.80 1.20 0.40 0.70 0.20 3.50 0.30 0.60 0.70 0.20 0.40 25.20 $4,962.00 • nogrn, LLP Manhattan Towers 1230 Rosecrans Aven. e, Su ;10 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date November 30, 2005 Invoice Number Last Bill Date 10/31/2005 In Reference To:Nuisance abatement action against owner of trail Invoice #12865 # 1 Popp y Professional Services 11/1/2005 JCC Format pleadings for filing; telephone conference with Mr. N regarding hearing JCC Prepare for hearing on abatement warrant Nealis MJ 1.30 Conference with Mr. Nealis and Mr. Cotti regarding abatement warrant 11/2/2005 MJ appearance 1.30 Telephone call to Mr. Nealis regarding 0.10 Mr. Cotti regarding main JPIA coverage; conference with points for argument seeking abatement warrant JCC Attend hearing to secure abatement warrant MJ 0.30 Conference with Mr. Cotti regarding court appearance for abatement warrant and next steps; telephone call from Mr. Nealis regarding same 2.00 MJ Prepare opposition to application for temporary restraining 0.20 11/3/2005 MJ Letter to Mr. Collins regarding abatement warrant; conference Cotti regarding same order JCC ce with Mr. 2.00 Research regarding Code of Civil Procedure section 526; revise 0.10 opposition to TRO MJ Telephone call to Mr. Nealis regardin g 1.40 g timin nuisance abatement work on 1 Po g of commencement of ppytrail; conference with Mr. Cotti regarding same, and regarding letter to Mr. Collins and draft opposition 0.30 JCC Revise letter to Mr. Collins re ardin g 9 abatement warrant; meewhM Jenkins regarding same 11/4/2005 MJ Revise letter to Mr. Collins MJ 0.20 11/7/2005 MJ Review and revise opposition to temporary Research and revise opposition; telephone call lo orderning ern 0.10 11/8/2005 MJ photographs Kern regarding 0.40 Exchange emails with Mr. Richards regarding 0.20 letter from Collins office; telephone call from same regarding 11/9/2005 MJ abatement warrant; review Telephone call from Ms. Libertfno regarding 0.20 telephone call to Mr. Nealis regarding TRO hearing hearing date for Mr. Richards regarding same g 9 same; telephone call to Mr. 0.40 MJ Review letter from Mr. Richards evaluating Sheen complaint; email Richards regarding same and transmitting draft opposition to TRO to Mr. 0.20 Hours Amount Craig Nealis, City Manager 11/9/2005 MJ 11/10/2005 MJ JCC 11/14/2005 MJ 11/15/2005 MJ 11/16/2005 JCC 11/17/2005 JCC MJ 11/21/2005 MJ MJ 11/22/2005 JCC MJ 11/23/2005 MJ MJ MJ 11/28/2005 MJ MJ 11/29/2005 MJ MJ 11/30/2005 ERA ERA JCC JCC Letter from Ms. Libertino giving exparte notice; telephone call to Ms. Libertino regarding same Exchange emails with Mr. Richards regarding TRO hearing; with Mr. Cotti regarding same Review and revise opposition conference Conference with Mr. Cotti regarding o from Mr. Girardo of Kutak, Rock regarding TRO hearing Conference with Mr. Cotti regarding court a exchange papers; call Prepare for and attend hearing g appearance order on application for temporary restraining MJ Prepare for and attend court appearance resiraining order; telephone ca o Mr. Nealis rrega diotion ng toutcoome MJ Exchange emails with Ms. Schwartz regarding bank inquiry MJ f'°pPYtrail q ry regarding m1 Review and revise declaration for tomorrow's court MJ Lefler from Mr. Collins appearance JCC Draft Declaration of A4ichael Jenkins in opposition to second exparte for MJ Court appearance on second exparte b y petitioner seeking rescission of abatement warrant and TRO; telephone call to Mr_ Nealis regarding outcome Prepare for and attend hearing on temporary restraining order Exchange emails with Ms. Kern regarding inquiries about n1 Po p trail from bank Letter from Mr. Collins regarding his intention to seek writ in court appeal and request for schedule of work; telephone call to Mr. Colof lins regarding same Review letter from Mr. Richards regarding status Telephone conference with Mr. Richards regarding defenses and potential meeting with plaintiffs counse�sxer, affirmative Exchange emails with Mr. Cotti regarding conversation with Richards and request from Collins for meeting; email to Mr. Nealis; telephone call from Mr. Reader Telephone conference with Mr. Richards regarding response to Sheen complaint Telephone call from Mr. Girardo regarding request from Collins for meeting; review letter to Mr. Collins regarding same; telephone call to Mr. Croftregarding all of the above; email to Mr. Nealis regarding above; telephone call from Ms. Schwartz regarding same Review draft answer to complaint and cross-complaint ross-complain against A of the Review cross -complaint filed by Mr. Richards Emailfrom Mr. Reader regarding Association Telephone call from Mr. Nealis regarding abatement issue and inquiry from bank; review letter from Mr. Collins; email from Mr. Cotti regarding q rY Review notice of appeal g warrant from Mr. Collins and letter regarding abatement Research procedure for appeal of inspection warrant Research stay of execution of inspection warrant pending Telephone conference with Mr. Gerardo regarding commencement of work pursuant to abatement warrant; writ of supersedeas appeal Review letter from Mr. Collins regarding time limit to commence work- stay pending appeal; research regarding same Page 2 Hours Amount 0.10 0.10 1.80 0.40 0.10 2.70 2.40 0.10 0.10 0.10 2.30 1.70 2.00 0.10 0.10 0.10 0.30 0.30 0.30 0.90 0.10 0.10 0.10 0.20 0.10 1.70 1.30 0.30 1.20 Craig Nealis, City Manager 11 /30/2005 MJ Numerous calls with Mr. Nealis; conference with Mr. Cotti and telephone call from Mr. Collins regarding status of abatement and court proceedings For professional services rendered Additional Charges : 11 /15/2005 Delivery Cost Total costs Total amount of this bill Previous balance 1 1/15/2005 Payment - thank you Total payments and adjustments Balance due Page 3 Hours Amount 0.60 32.40 $6,636.00 56.00 $56.00 $6,692.00 $4,962.00 ($4,962.00) ($4,962.00) 064, 0) $6,692.00 riogin, LLP • Manhattan Towers 1230 Rosecrans Aven Suite .10 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date December 31, 2005 Invoice Number 12967 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12967 Professional Services 12/1/2005 MJ 12/5/2005 MJ 12/6/2005 MJ 12/7/2005 MJ MJ 12/11/2005 MJ 12/13/2005 MJ 12/14/2005 MJ 12/16/2005 MJ 12/20/2005 MJ 12/21/2005 MJ F T C R R a T e E or professional services rendered Previous balance 12/12/2005 Payment - thank you Total payments and adjustments Balance due Last Bill Date 11/30/2005 Review correspondence and pleadings regarding appeal and writ to court of appeal; telephone conference with Mr. Nealis (several) regarding same; determine that court of appeal has denied writ Telephone call from Mr. Croft regarding Sheen meeting Telephone call from Mr. Croft regarding meeting to discuss cross -complaint Telephone call from Mr. Nealis regarding #1 Poppytrail Attend meeting with representatives of JPIA and RHCA regarding lawsuit elephone call from Mr. Richards regarding status of contact with Mr. ollins regarding inspection eview letter from Mr. Richards to Mr. Collins regarding inspection; elephone call from Mr. Nealis regarding same eview RHCA answer and cross -complaint eview letter from Mr. Girardo to Mr. Collins, pleading from Mr. Collins nd letter from Mr. Hyde regarding cross -complaint elephone call from Collins office regarding mediation in court of appeal; mail to Mr. Richards regarding same xchange emails with Mr. Richards regarding mediation J Hours Amount 0.70 0.10 0.10 0.10 3.00 0.10 0.10 0.10 0.10 0.10 0.10 4.60 $1,035.00 00 $6,692.00 ($6,692.00) ($6,692.00) 6, 0) $1,035.00 .Jenkins e Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, 4 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date Invoice Number January 31, 2006 13041 Last Bill Date 12/31/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail ,y Invoice #13041. Professional Services 1/7/2006 JCC Conference with Mr. Jenkins regarding duration of abatement warrant and necessity for an extension; telephone conference with Mr. Gerardo regarding same 1/9/2006 MJ Conference with Mr. Cotti regarding warrant issue; review letter from Mr. Girardo to Mr. Collins 1/10/2006 MJ Review letter from Mr. Hyde regarding document review 1/13/2006 MJ Review discovery and Sheen answers to cross -complaints 1/17/2006 MJ Review notice of OSC from court; research and conference with Mr. Cotti and Mr. Richards regarding same 1/18/2006 JCC Telephone conference with court clerk regarding OSC hearing 1/19/2006 JCC Prepare for and attend OSC hearing MJ Conference with Mr. Cotti regarding court appearance on OSC 1/25/2006 MJ Conference with Mr. Cotti regarding status of prosecution of cross -complaint 1/30/2006 MJ Review order from court of appeal regarding mootness For professional services rendered Previous balance 1/24/2006 Payment - thank you Total payments and adjustments Balance due Hours Amount 0.40 0.10 0.10 0.10 0.20 0.10 2.60 0.10 0.10 0.10 3.90 $784.50 $1,035.00 ($1,035.00) ($1,035.00) $ 784.50 0/ kolfill ,A14 September 2S, 2005 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: X310) 377-7288 E-mail: tilyolrh(n aol,com VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED Mr. Ying Ching Sheen AT PROPERTY 1 Poppy Trail Mr. Alan Sheen Mr. James Sheen Rolling Hills, CA 90274 1 Poppy Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: At the regular City Council meeting held Monday, September 26, 2005, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 996: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATE AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. RING This Resolution was adopted following a public hearing to nuisance and ordering abatement of said nuisance pursuant to Rolling Code Section 8.24.050. Your attorney, Mr. consider the declaration of a hearing Section res .n Hills Municipal representing you. This Resolution requires specific action be takennce by you c the owner of 1 Poppy Trail. to be b yyou as Specifically, under Section 6, you are ordered to provide implementation of all nuisance abatement mitigation measures within adoption of this Resolution, no later than October 6, 2005 and commence a plan and schedule for implementation of the plan and performance of the correctiv ten (10) days of or before, but no later than October 10, 2005. Further e mitigation measures on implementation of the corrective mitigation measures described in Exhibit the enclosed Resolution, and again listed below Zvi � you are required to complete 4:00 p.m., November 10, 2005. th)n 30 days thereafternolaterf than Corrective mitigation measures include: 1. Seal renewed tension cracks to prevent water infiltrate 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheetin . 5. Install temporary drainage devices to divert stormw g area from locations above the headscarp of the landslide from entering landslide fa„e2 If you do not lake any action within all days of adoption of Resolution No. 996hy October 2h, 21105, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling I !ills Municipal Code. 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, Craig R. Nealis City I\laeager CRN:rnik 9-23-O5}hi c,rlrr.A„C CC: City Council City Attorney Rolling Hills Community Association Sid Croft, RHCA Craig Collins, Attorney at Law (Via Certified and Fax) Mike Reader, Group Delta Consultants Roy Ilani, District Engineer Ross Bolton, Bolton Engineering . ' RESOLUTION 14. 6 ,\ RESOLUTION OF THE CITY COUNCIL ARESORINGTI THE THE CONDITIOCOUNCIL OF TH DCCLA TO BE A OF THE PROPERTY CITY ROLLING POPPY Ti1EREOF. PUBLIC NUISANCE OPERTI' LOCATED ANCE AND ORDERING THE ABATEMENT THE CITY DECLARE AND C RN IIrO S. OF THE CITY OF ROLLING 111LLS DOES HEREBYHEREBYFIND Sc'clinn 1. Pursuant to Manager d Air. Section S.24.030 of the R Hills k Alan Sheen, owner of that Rolling Hills ro i al that t,•ot,ld known as 1 Poppy Trail certain real abate co in lj,e Codethe City potentially aggravate and a (Lot 90-B-RI1), to abate property City of Rolling that renewed tension ccelerate a conditions en ui tea i g tenet dd,rs cracks k to flattening n existing )demolish s property prevent water infiltration, The measures include removing gral tt•ith s f resistant site, plastic sheeting, heads • • demolishing slop the divert affected area with UV r entering to temporarya f,g guesthouseand and installing 1:1 slope, covering the entire o divert The notice entering that landslideareafrom noticed. h locations above the linage devices e City otherwise the City Council �,• es be taken within 15 eadscarP of the y Council ChamberstheCity of would hold a public hearin • days of the date inothe the iyCo of the nuisance. sco. On September t hear any b e September ne might26, 2005 properly abatement thesiteapprising P er 2, 20 protests the owner substandard o the exist on the properly ���� posted a notice of c landard the property. properl p petty, owners ate and unsightly conditions that Section 2 No action to abate the nuisance has been taken b ner. Consequent) � C Cons y' on September 26. 2005, the City, Council held a bythe property CHy Manager, property owner and any public hearing retarding theprope properly t the rp other interested d o allow attend the parties to testify and l did nt public hearin property located at ]Poppy Trail. .]}1e submit er participated in the hearing. The property properly evidence p p Y owner's attorney. Craig Collins ,rastpre present Section Based upon staff reports, related documents the time of the hearing, the City Council ort makes the followingf f nand the evidence presented at finand of fact: Ilandslide theCit a. The property located at 1 Poppy ndslide ing pool,e water of Rolling Hills. The propertys Trail is singlelocated ad Inspections stable, tennis c rt animd illegovedal noith a fornonconforming family an active pectly u of the properly demonstrate that the uninhabited ,Ilely for residence, single family residence and reg guesthouse. guesthouse are b. Following the activation of the landslide engaged by City, with the properly activs on the property they tot better understand pro r the owner's permission, s f the o conducted boringsearly 2005, a interested parties to better their lions. structure of th conducted order geologist the rode Owner of 1 Po and other lets ppytra;l. p A copy of the landslide in to enable all geologist's report was provided lo below a c. • Current) • nd rests at the lop Currently, the foundation of the below an r the landslide,of the active. landslide. The guesthouse ootrs damaged in the it continues to guesthouse's concrete n exposed from guesthouse in its currentcondition, red -ragged sas to suffer damage of the foundation occupy ground m n was blight. and Duen it its rrentic in icannot PY by the County is uns Los An • moves. The be used; further it is unsightly Angeles on March rain t,•ill likely fall into the can landslide, its condition will with a ch i, rain twillining properties, i yon. Hence, the represents e r gworsen,ents a and e• causes visual p public utilities, roads and guesthouse re res ,th additional trails. p orals a danger to residents, direct) d. The driveway y involved ed in the landslide, y on the properly non-functional.ectlyinv y The Irrigation and P y has major crackspenand a • exposed drainage devices, exposed pipes are open and portions are to ant tiro will permit the intrusion posed the landslide, el ll Colh and adversely' impact the stability on of water into the landslide that landslide roads a rsely' is. of 1 P and °pp} -trail as well as Ihal of surrounding b properties, the attached e. All of the foregoing together ors safety, correspondence (Exhibit A) represent a separately, public nuisance as further att p described in ce and a threat to public Ceciinn5 foregoing, On the basis ofIse fore • oil finds and g, and of the evil determines that the landslide condition once contained in the retard, Resolution No. 996 the City of the properl • at 1 -1- l 3L) y I'��}�}n)•trail, the di of the guesthouse, irrigation and L. un tiles g l e, the Open crevices „d and facilities separately ties, and the e.�purc nuisance ‘,•ithin the meaning of Sections 8.2-1.010 and 8.28.010and of the collectively 1 constitute a pudic constitute.3 condition that is injurious to the public health, safely and welfare. The City Council further finds that by allowing the above describ } Code, and through the 2005-2006 winter rainy season, stormt,'ater will further 'infiltra e the s to tland�slideand will further destabilize the property and the guesthouse, creating n dan •er to property in the area_ de and b persons and Section (,, In accordance t.•ith the foregoing, owners to maintain their properties free of nuisances, the Cityccause it is the duly of properly Council orders Ihal the prapcily owner prepare and submit a written plan to the City within ten 10 days y • this Resolution providing for implementation of the corrective winterization measures described in Section 1 of this Resolution and further described ( ) of the adopliono( (Exhibit A); further, that the property owner commence implemenitationdof theplanand performance of the corrective measures on or before October pondrve e measures be completed by the property owner on or before No2005; and, that the corrective 10, 2005. In the event that the properly owner fails to submit a plan and/or fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after October Section 8.24.060 of the Municipal Code. 26, 2005 perform the corrective measures at the property owner's expense as authorized in Section 7. In the nuisance is not abated as specified directed to cause the nuisance to be abatedot by herein, then the City Manageris propertyirecte owner in in the City, and also is directed to notify the nuisance and that payment in full fora remomaival of and nuisance regular �is due to the il of the cost of removal of the of the date of mailing of the notice. If the total cost of abating Liars City within 10 days after the date of the notice, the Cit • Clerk shall the nuisancerecor,in is not paid Ot f the County Recorder, a statement of the total balance due to the City, h which shall conhe s tute of li n upon the property. Section 8. certified The directed to send a and regular mail to he owner of the herebyClerk is copy of this resolution h operty located at 1 Poppy by Trail. Section 9. This resolution shall take effect immediately September on e}. tember 26, 2(tUi. PASSED, APPROVED AND ADOPTED THIS 26'" DAY OFSEPTFt ER, 2005 Godfrey Pe I'layor ATTEST: Cr R. Nealis City Clerk Resolution No. 996 STATELIWAL. .:NIA COUN F LOS ANGELES CITY OF ROLLING HILLS SS The foregoing. Resolution No. 9% en l i i led: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING DECLARING THE CONDITION OF THE PROPERTY LOCATED AT TRAIL TO BE A PUBLIC NUISANCE I IILLS THEREOF CE AND ORDERING THE 11MENT ABATEMENT was approved and adopted at n regular meeting of the City • the following roll call vole: Council on September ?6,'Olh, by AYES: or Pennell members Mach, liei . , Af TernL� f ernec. n.heimer, Bill ) Pro Tern by Ala}•nr NOES: None. ABSENT: None. ABSTAIN: None. Resolution No. 996 -3- Craig R. Nea City Clerk 1 aL(trt d -17 September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying China Sheen Mr.1 Poppy Alan Sheen Trail 1 Po, Rolling I lies, C, 9027-I Poppy Hills, Rolling Hill<, CA 9027-! Dear Mr. Sheen: "0 a Po1:ru617E[.E ttu,ap:0 notL u.G 7.qr S. C•Ur.&:, :a I3101 377 15:1 rtR 1210i 37:4;t1 E ma.l a,04,4 JOU, Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12. 2005, we sent you the enclosed correspondence informing mitigation measures for your property recommended b • you ologisty that correspondence, we requested that you implement ose consulting 15, 2005. To our knowledge, these p these measures by In b measures have not been September performed as of this date. We enclose updated safety mitigation recommendations from our consulting that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as we appr toach geologist measures are outlined in the attached letter dated September rainye , 2005. These mitigation Pursuant to Rolling Hills Municipal Code Section S.24.020 ("Duty of Owner or Possessor of Property") wns or place or area within he boundaries of the Cison who ittyshall,'s atrn his or her own ex possession of any properly, maintain the property, place or area free from any nuisance." Code Section 5.23.010 defines an • expense, condition on property Rollingo Hills Municipal enlarge or accelerate an active landslide to be a public nuisance subject to abatement p perly that has or will aggravate, pursuant to Chapter S.24. We have enclosed a copy of both Chapters S.24 and S.2S 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 potentiall • a and accelerate the existing landslide: ) aggravate � 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten hcadscarp to 1:1 slope. 4. Cover entire affected area t.•ith UV resistant plastic sheeting. 5. Install temporary drainage devices to divert storm water from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, notifiedthat if you do not implement the nuisance abatement actions b c 2005. You are hereby 2005, a nuisance abatement hearing will be conducted before the City rcgularmcetin • on Monday, 6 y September 15, rHillsgu ar Council Chambers,, eptember 26, 2005 beginning at 7:30 p.m. in thel at its Portuguese Bend Road. ehearinggoes Rolling you willbe given an opportunity to present evidence to theCityCo conditions on your property. and regarding this abatement order. forward, y Council regarding the Resolution No. 996 Pagi • We have forwarded regarding this this correspondence to allot Collins he property. Ihie url, known iet addresses to providing •certifiedevent ai I ` have asses listed above. you in the ei•ent tl,a t it le tter to Alr. Craig 11 e have also posted this Idler Should snot received at the you wish tools at the PrvE'crty, cuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 03.?9.0.i.tvnnlir .1,,c cc: City Council City Attorney Collins Hills Community Association raig Collins, Attorney at Law d, Mike Reader, Croup Della Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer Resolu t ion No. 996 -5- C.I. OUI' • September 1.2005 Project No. L-599 DI ID r_ I_TA i t•-rxrz City of Rolling Hills 2 Portuguese Bend Road • Rolling Hills. California 9027-I Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Nr- Nealis: As requested. GROUP DELTA CONSULTANTS, INC. this letter to provide pre -construction and winterization pleased to ns recommendations related to the construction of the ATV present Trail Landslide and the lower access road, for construction road across the Poppy Currently GDC is in the process of installing inclinometers in the landslide observed the following: and On September I. 2005. during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving• as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George Canyon Trail where the trail crosses the lateral scarp cf the landslide• evidence that surface water has ran off the top FF evidence e mass. Arco• tort is This water needs to be of the landslide head scarp onto the where it can enter the new tension cracks. whicprevented n from lflowing o to the movement of the g onto the landslide landslide. • . • •• •....vr;rep- Dcry3re. :.•• .' Resolution No. 996 t-149 DI Ginn,, I), In ern,eli_r.n nc. 1)171 7-.1 rr rraTo PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing theemergencyRecognizing ion aspect of of the Poppy Trail Landslide, it pre-construction r lion of the proposed r of the AN recommended access that several oad+z}s and the temporary steps 1. A small bulldozer �' roads. should be used developed to to seal Ih ,kith time t prevent water infiltration. e me.renthe tension they could 9 tar . Al this time. crags that the crimes row ger. This rrhi ed cracks and track rolling can be achieved by are small but the cram should be compacted the soil to a tight pushing Th loose soil mom S t compaction soil into materials. with a bulldozer to a toe of the seal any fractures and 2. The guesthouse and landslide head persons traveling on the ATV and scarp pose an emanate guesthouse should be demolished. to stockpiled temporary access road. houldfoo danger above the head The demolition debris removed. the landslide head but taken offsite, should reduce rockla ead scarp diner the not be and debris fill hazards (�o be flattened to I guesthouse is should be scar horizontal to i to laced m the may fall on the uphill side of the AN p A temporary from above the heads road to catch Porary fence retaining large boulders or d scarp. The f any debris that ebris- fence may net be suitable 3. Before the rainy for the season. UV resistant scarp to the ATV plastic she the head to road and from cling shouldover Ib Prevent Water from the AN road placed erosion. After the abandonment the landslide over the oe eventually miss and a of tlh Y be completely merit of the AN road, the tan the landsid y covered ,kith to prevent and from the fa;dbzck shade plasticextending halide should plastic sheeting should b g over the edges of accumulating on the away fro, the age off the access road landslide a landslide to below Poppy Trail. mass and prevent to protect the temporarywater 4. Tern Temporary measures should b paved slope ditches and drainage be installed to divert any water makeshift catch basin areas above the h er collected on metal hi p� made of sand bags head s ga the C pipe or an in a shallow carp, a and bags a purpose. The pipe industrial sock pit a drainage devices should drain- could corrugated slope away from the landsid cony be used for sip beyond the e mass. oY collected water this toe of the landslide current access Care should be taken down the road and not to allow ea to convey the the water ater to enter the 5• Amore complete inspection landslide around the guesthouse and tennis should be made of the areas above the court areas. Pleasures should Resn I t i l ion No. 996 r.Try T, t t.n,.i,�. c -y- r.r r olt.nr r,nr 1.•}99 r. 0 1 p' T fy r r.. l n.:; Oda be taken to prevent any c;iy.4r:.,n;nyn.ns p runoff from the properties above from draining the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknou onto include use of sandbags, installation n at this es. sheering, temporary r of temporary This P ry re -grading. (which could require removal PIPes' plastic and even redirecting the roof gutter down 1 sofystems driveways) d diverted away from the landslide mass. spouts into pipe systems and As part of the pre -construction phase of this grading, inclinometers to monitor landslide movement durin g' GDC is installing determine the stability of the landslide. 9 grading . This data will help Closure This letter summarizes the opinion of GDC. based exploration and geological mappi eng on the limf theh walko d conditions and the limited review of the subj ct references. l observation of landsie This evaluation was performed in accordance with standards using that degree of care and skill ordinarily e erciss aced under similar circumstances by reputable geotechnical consultants practicing in exer r'tr local localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. similar The conclusions for this project are. to a high degree dependent upon control from the contractor. Consequently, the recommendations are made contingent on the opportunity proper including slur r of GDC to observe the ry, grouting or any excavating. Ifparties contractors operations to provide such services, they must be nofied h tthey will be requiredto assure complete responsibility for the are engaged the conclusions in this report oroprovide aalternatof recommendthe project ations as appropriate. Y concurring ui,h deemed DELTA Resolution No. 996 -3- 099 I n Gan.p I).h_ C.n II rma. Ini. s 1'`Pr• Tr,.r nJJLJc If you have any questions, or if u C" e can be of funher service. please ' ase do not hesitate tg rtlo, contact Group Delta Consultants, Inc at 310-320-5100. 5100. Respectfully Submitted, GROUP DELTA CONSULTANTS INC. Sli for dike Reader r\lichacl D, Rcadcr, 1'P, GE Stcrcn ll. Woltlioff, � Tray.. rrrrpp L-rg9 A. .a R..11,0, n.n r.•: r)• T:ad L,.,a,l.:r PC. CEC. L �nJ.l..a• - truer Amon •: J,.c L•!SSi /n.r,. T.ml Sl.dr•Do: o.arn.a'L •!Y9 411 h'r1' T/.1,1 Resold t ion No. 996 • cifi,o I o ld , Goo/ r.EYFET:._[EL 0 D S j, or E1 •ILEN Lar 41arnt P.O re .1 DR. VA.( S FLACK Cn..nc.1+.r...: r• COYn(dT r n^ rr rq••7K E. "IL CO..ne o.,.r,,.: r• 110 2 ror.:UCL•(.( EC,,Do .0 not t n•D H,115 13101377- F.‘. 13101]:7.7750 E •' •I (.I ,n: 01(0, July 12, 2005 Air. Yin; Ching Sheen 1 Poppy Tra Rolling hlills, CA 90274 Dear 1.1r. Sheen: On March 22. 2005, the City received involving!consulting geologist t for immediate the attached recommendations COIp c your property. safety mitigation measures for the land our for the City of roperty. As you recall, at that time, Rolling Hills to complete several movement o the mitigation measures to number 1 and ! of these you mitigation access am completed mitt mitigation measures. agreements RECOMMENDATIONS) described in the attachedletter. SHORT TERM t'reC The City I\ litigation measures number 3, 4 and 5 still request on to surer me these mitand me measures to be completed. 15, 20syou to tplknow if plrope 11e toSepte can complete this t usk on'your you require any your property prior to S }our property. ) assistance with finding a September F pert}•- o contractor the Sincerely, 11re look forward 10 your completion of this work. Thank you for your con pention. Craig R.Neal;s City Manager CRN:mIk 07-1 r-oi:7..,,1 Fir.r., cc: Alike Jenkins, City Attorne%. Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolu film No. 996 -10- ( March 22, 2005 \ Project No. L-599 DE I.TA- 7rri-gl- .r- City of Rolling Hills 2 Portuguese Bend Road Rolling Hills. California 90274 Attn: Craig Nealis, City Manger Subic c1: Summary and Emergency Recommendations Geological Evaluation Poppy Trail Landslide Rolling Hills, California !%r. NeaUs: As requested, GROUP D this letter do DELTA CONSULTANTS INC. provide emergent recommendations (GDC) it pleased p Landslide of March Y ecommendaGons present recommendations ors are outlined below.05. Our related to the r j undcrstandin PFY Trail geologic ions a outlined We have not asyet of the project and geologic mapping.s. Rather, exploration performed or any detailed role has only laboratory analyses or basis to aid in Chr,our been to advise the City engineering basis to evaluating the overall safely of the subject d on an of As such, this letter is based only slide and emergency geologic reconnaissance, professional judgment. on our the affected geologic observations, preliminary g e reports and City records regarding he history a cursor y review of published ry of the subject slope. 1.0 SITE SU. ,IARY On March 11. 2005, On GDC was contacted by Homeowners Mr. Roger V;nk of lls occurred the day perform a site reconnaissance of ahl Rolling that occurred he on before and advice the City regarding condition, During the site y blocked Po was noted that a Portuguese significant landslide " 1 Trail guesthouse, pay Trail near Portuguese Bend had 150 Poppy with t head scarp The landslide overall measured Road• below the of about 30 feet v wthe aboutwe 300ra feet pad of guesthouse. Poppy Trail has efUeal below s to been over -ridden by lower graded of accessc trail located homeowners on Poppy Trail, the Home e slide debris. To provide ^ stops from the Owners Association current was using a • r u .r rrnr .t ) ' rli r r•r.rn. Resolu tion No. 996 • L.:•r[. rT['sr Theslide(�,• ,. i•.�. , . ..7 ry T...:t t �t.t:,t: mass his numerous fractures. C:''•"[P.'•'1^su,n: The d to ass hant! d� [nosily in the central dzdisplaced and removed a s estimated to be up to 20 feet deep. portion. that were p1 the P3�'ed drainage swale near The slide r guesthouse foundation, w mid -slope. The head s also Angeles County officials. which has been e>poseJ an scarp falls d red tagged by Los Many irrigation fines and concrete portion irrigation the lines Irrigation Paved slope drains w portionguesth of t footing gation lines, a were noted inf the and u. -all debris were collector pipe for roof runoff n central foundation head scarp, policed ;n the next to the area of the guesthouse Since the original site visit, local residents Poppy Trail rigi al was covered wl rhe Is have constructed access road was used to covered Crushed Miscellaneous an access road below the ocher side the to drive et e blnd ockedte residence automobiles into se r a This new Vehicle r rid use. Lights pt to improve safe area on g is have been stung l the road for All o florescent tight bulbs. A water hose was along the. trail with e -Tension Terrain The hose was used for dust control and found along cords and g the trail with water pressure. proper of the sand a the residences to ahem and gravel. pt to achieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of Crrentslandslide. However. performing detailed mapping . at your request and recognizing m g andse situation, it is recommended that several steps ke the emergency drilling of the P be taken- 9encY aspect of the 1. A small bulldozer should be used to seal the where tension cracks have developed surface of where theens risk of someone slipping �° the landslidenno mass prevent This infiltration achieved and to pushing soil into the cracks and Lk rolling falling. This g the so. can beo achieved by soil a tight cum 2. During the bulldozer r compaction. During t Any large grading the resulting surface should be sloped andor trees and The City should on the slide should be head vedr andhe a consider putting temporary cut scarp fence along the toe of the landslide. P fencing behind the 3. With time and weather Placed over the head r permitting. UVt resistant etic sheeting should act be to prevent from scarp in the two graben areas as a The event landslide should entering the landslide m minimal erosion. a mass and to prevent coon Th an eventually be completely P e ent pl tic extending over the edges of the lands;de. Drainage with lh sheeting should be Dra;na a plastic diverted away from the landslide toe off of accumulating on the landslide m prevent the plastic below ass and to protect the temporaryt water from Poppy Trail. access Resolution No.996 • .c - .I, nch, cc....„1..,„,.. r. r•'•rr: Tr..,r t,,u.i•� 3 ,. 1- Tcm ovary C;....rr;,.u;u!:Milt P measures should be installed to pavedslopeditches. Sand bogs, a makeshiftdrier[ any water collected on the 9 a shallow pit and a catch basin sock drain" could be corrugated metal or PVC i made of sand y collected water used for this purpose. The pipe or an "s should convey do•a. drainage stria are should c taken to convey n the slope away from ds devices should to allow thew ey the water beyond he m the la cress mass. not water to enter the Ioe of the current access road landslide- and not 5. A more complete inspectionlandslidearoud should be guesthouse and made of the areas above tie ld be taken to prevent any runoff from tennis t the landslide. court areas: Pleasures d sraining This includes runoff fromg properties fromlet a Paved or unpaved ditches sin the roofs, into onto may include since the outlets drain inlets and into of sandba are unknown at this time. sheeting temporary gs• installation of temporary c This re -grading. (which could require P ry P'Pes, and even redirecting rem plasticdiv the roof gutter down s removal Sy dims and away from the landslide spouts mass. Pipe systems and 6. NOTE: The to of the slide is a This scar. is o.hl theunstablesli near vertical slog This .lactic se and care should a about 30 but doze, eetin. or sandba..in. taken derinz an scar .• or endan.er •ersonncl by to not bulldozer of the v`orkin. too further dc -stabilize the close to the to. or bottom 'u part of the first phase of this emergency. Since o the first might not be a gency, GDC will drill landslide to determine accessible. 2 to 3 bucket auger holes. the stability the borings will and drilled This data will help determine the the tempura below the Tisdata landslide. e soil and rock quality an road h onf Poppy larger photos will be 9 ry and if kould be drawnAerial based analyzed as part of this first the site is on a lager on the mapping. down -hole to phase. Cross -sections oeometry. This data vv;11 be used to select locations and logging and r observed depths for cd landslide borings. C:t:OL�t• r rma t)FiT.\ Resolution No. 996 -13- L.t.rr C.'4•.•P. •,C• Closure (NIT?' T,,,t L,,,J.6Jr C;. v.,.n-„c I I,n. This letter summarizes the opinion of GD observation the l s the e C. based on observation references. ofW conditions and the limited kt l:over and e have not as the limited review of subsurface e-�pl e v, laboratory yet performed any the subject role has only ry analyses or engineering detailedl geologic mapping. been to advise the City on an emergency g curing c3o aia overall safety of the subject slide and the alluded residences. tons. Ralher our dresi basis to aid in evaluating the based only on our observations, preliminary judgment, and a such. this ssior l regarding cursory review of published geologic reconnaissance ityfeeco ds 9 g the history of the subject slope, geologic reports and City records If you have any questions, or if we can be of further service lea contact Group Delta Consultants, Inc. at 310.320-5]00 P e se do not hesitate to , Respectfully Submi;led. GROUP DELTA CONSULTAMS INC ftlichacl 0. Rcader, V1', CE Steven 11. Kohlinff, PC, CEC 1,311R11 r.•rr. r,,.r L '.! I.J( . IL clItt p.r.,,, .r croup DELTA Resole lion No. 996 ir, Resoliilion No. 996 G .•.,p r:. rl.� Ca r.r. I. ;C. GRouJ' 1)1:1 TA Resolution No. 996 1.`Ti'Y Taal l.r.,l•I;, Cnr.•T K.•IIL,g IIJI. :\I:Itial.I'l'O.1 O U1' I'O1'I'1'-1'!tAII. 1-,\r\1)1-S11)I; (I'hrrfn Illarcll 21)114) -16- LCD1 ROLLING HILLS r•IL;,7ICIP,L CODE Chapter 8.24 ABATEMENT OF NUISANCES 8.24.010 Nuisance defined. 8.24.020 8.24.0 0 Duty of owner or possessor of Notice to abate nuisance. 8.24.040 Notice property. 8.24.040 to abate nuisance -- Hearing and decision. Contents. 8.24.060 abatement b 8.24.070 Lien. Y city—Notice°f charge. 8.24.0&0 Charges to be billed cn taX bill. 8.24.090 Court action. Summary ummary abatement. g.2-1.010 Nuisance defined. For the be defined a.0 anN hi a �.•I,ich is injurious to health h the n purposesalthor ofs this , or isen a c ntsa eases, or an obstruction to the free use of safer nee" Coal property so as to interfere with the comfortablee us prpert y or and shall exert or offensive real the use, in t enjoy or injurious to roper; yb. and affectsunlawfull obstructsat r free passage enjoyment a life or y of number same time an entire community customer properly, of persons, thou or neighborhood, r manner, of an individuals may unequal. e ugh the extent of the annoyance any be un 9 oyance or " or jn}t considerable Notwithstanding y damage inflicted upon ordinance any particular condition provisionsof this chapter, the sit g a nuisance, y council may define by itR.2I.(13� Dut���f�wn (Ord.190§1( art, o possession eforc�nss P ) l.S]). of anyproperty, owner escor of rn erty. in pons or her sion place or area within the boundariesry personof the h expense, maintain the ° owns or is (Ord. 190 own et), 1nSe). property, place or area free from any nuisance. al nuisance. R.2-t.0a[7 Notice to a nuisance exists upon abate nu cance. 1Vl, CityAlana er any property, la enc�'er Il,e City Council s othe placeC tye la area to abate the in writing the owner the boundaries of the determines that a or arl be a� en by nuisance within fifteen days in dateion o the city, the notic possession of the registered or certified mail address the property, of the notice, The Pose Property, place or area a t his last known address. owner 190 or person in (Ord. §](part), g•? -1.0.10 Notice to abate nuisancenot •-Contents. nuisance is the good -faith efforts towards abatement obeen shall abec held of before Manager within fifteen da • dnot state that if the other interested ore the City }s from the been made to the Counciltohear hhowTer possessor person. The notice shall specifyany the time,protest the and hearing date and owner, possessor or e, place of the hearing, Resolution No. 996 (E1:9 which 1 t for the rcgulYrntcclin 6 of the G(teen b of the Council next 1 1 eriod..(Ord: 190§!(part). 1951). t following the expiration towards � and �it'cisir,n- batemcnt h.24.050 in 1( the nuisance City rds abatement shall e not been made trithin the►ime sets fortabated conduct a he.•trinb or food faith c•((orls Cit). CCo cif besubmitted at the time and place forth in Section at the en Council may by interested Upon consideration in the notice t e evidence, declare the persons. U ott abatement t d condition to constitute aP ecnuis. a e notifyall ,�. 7 -he decision of the public of the Cvidt•„cc• owners and possessors the City Council shill be fatal nuisance and CityrCer the the Council. (Ord. In0 o subject The � (Earl). )9S1). I property, place or area Clerk shall of the decision of S.24.060 Abatement by city —Notice person a notified Notice of char pursuant to Section 2 c' alpnuisanceailure, neglect after the dale of notice, the S.-a•05U to abate nuisance and Cit • Council is authorized cause t ofefusal (,}, Fay for the abatement, ce the t owner or to ca us }days possessor of the The City Council shall n the abated byr the ess of h properly, place or ar notify, in c mannr as required of by Secosction of abatement. S ca upon which a n nn writing, samee ection S.2 Such notice t),shall9S Ce l'as been ].0'0• (Ord. e given in 190�1(parl), 19S1) the S.,4 0%0 Lien. paid to the --- If the total cost of the n abatemenl ot aidohethe in days after the dat of the nuisance costy City abatement, tee the ityCleroshallrecord ft leeounceofthe the )mnt in the office of the County of the of the total and the balance the City, a legal description of the record olte name of the owner Recorder, a statement the balance due willhe er or possessor property, place or area recording,full fn ad constitute a lien on the property. ropererned. From the date will continue until the entire amount due, together maximum legal rate accruing ) The lien in full, from the date of the Selet; with ' continue (Ord. 190§!(part), 19S1 completion interest at the P often abatement, is paid S.7-1.OSO Char es to he billed on tax Ilteprovisions of the bill. abating lairs of the State, The Cit • may a nuisance losether with interest cause he amount du y also, inCitybyresaccordance withit date the the maximum legal the by reason thes place of areaecompletion on I e on of t the abatement, to he charged rates collection and regular tax to theo accruing from enforcement of bill. All laws of the Slate of the Property, to theconectionof these City taxes and charges. (Ord. 190 County taxes are applicable to the levy, §!(part), 19Sj). hereb}•made applicable A-24•0°0 Court action• court competent The City Council may ou t ofc ce juris andt to t c le t any Y bring appropriate of nuisance by e City to o this suchamounts. actions, in a amounts due by reason of the abatement foreclosech any existing liens for such amounts. and Notwithstanding actions ia court provisionsocompetent the City existing within the City petent jurisdiction forany abatmay ement the appropriate civil provision of law. (Ord. of any nuisance (Ord. 190 §] (part), fi-? 1.1P0 Summary the City Council may abatement. determines that the cause a abatement. Notwithstanding to be summarily Provisions of this chapter, determines nuisance creates an maoldition involving if physical safes • or the emergency condition the City population. � Council Prior to abating the nuisance, an immediate the City Resolution No. 996 -IS- Sect inn c: • • Manager shall attempt to notify the owner Or p or of the property, , involved of the nuisance and request osscss solo lv him to immediately; ,• place; . If, (Dram h discretion of the City Council, the owner or , L tte the nuisance. (f• Ora:e containing the nuisance which creates an emergency cssor of the property, and ini meaningful sic b } condition fails tolake immediate t the cost steps to abate the nuisance, the City may abate the nuisance of abating such nuisance to the owner or possessor area involved. The Cil}'shall notify in writing the owner or possessor iltc properly, and charge area or area upon E ul} , pro eor r Eon which a nuisance has been abated b , y the the properly. }' abatenteftt. Such notification shall b • the ro ul S.2-1.eme I. The provisions of Sections e.2. van i S.2• . 0 and S.2-1.090City of tl,eredt byf said given in the same manner as required bed Section (Ord. 190§1 (part). 19S1). 10C sh.�lllc�, applicable. Chanter ii -2g AEATEHL•t1T OF NUISANCES Ill ACTIVE LANDSLIDE FE_S 8.28:010 Nuisances in active landslide areas. 8.28.020 Abatement. ti.2S.010 Ntri:,nces in active landslide are.ic, r1n the City which has in the recent past or may haccelerate an has e in e is declared a L'in the future condition on properly t,'ilhin this chapter, an Live L dslilandslide e a public nuisance. aForthe enlarge urpr c . - this is defined as land which is s (Ord. 190§1(part), 19S1). sliding purposes p( 0 or moving on its own R.2.S.(1_(1 Ahaten,cnt..�n 5.23.010 shall be abated enr .Anycorreccocondition declared to be a (Ord. 10 s all bet), aced in ccordance with the pl of hap, er Sio. provisions of Chapter S.2 -I. resolulion No. 99G (T)� -19- • fec,//i, 1,11-ff - ig September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Mr.AlanSheen Polling Hills, CA 90274 1 Poppy frail Polling Hills, CA 90274 Dear Mr. Sheen: r,o. 2 PCRIUGI'ESE EEwo r•,o.O nOIUr,.G HillS. CklJF. 9O?74 I)lojl7.l521 FAX:uiel];7•,288 E•m:.l. (:1)W,6; :of cem Mr. James Sheen 60 Crest Road East Rolling Hills, CA. 90274 On July 12, 2005, we sent you the enclosed correspondence informing ationmeasures correspondence, for yourwe property rty recommended by ° you of safety that To our knowledge, these that you implement these consultingmeasures b September geologist. In S measures have not been mer ed as eve enclose updated safety mitigation recommenda • performed of this dale. that are necessary o be implemented on that aggravation of the recommendations protectour consulting existing landslide as �� eoapproach r property geologist measures are outlined in the attached letter rthe rainy season.against dated September j 7}1ese mitigation Pursuant to Rolling Hills Municipal Code Section ' 2005. Possessor of Property" "every 8.24.020 place Possessor ofProperty") the person es of lhho owns or is in ("Duty of pif ny pr maintain the withintth his oor her own expense, Code inthe 8r2per0 defines any y all' is nc .» her place or area free from any nuisance.' .RollingeYpenSe, Code enlarge or Sectionaccelerate8.01 and active landslide dttione a ro o will aggravate, ravaeMunicipal pursuant to ter 8.24. We property i at has b a p hate enclosed apublic nuisance ggravale, your review. copy of both Chapters g ?o aba Cement Pursuant to Section 8.2-Lp,O -land 8.�Sfor . you are hereby directed to implement the following measures in order to abate conditions on your property that will accelerate the existing landslide: potentially aggravate 1. Seal renewed tension cracks to prevent water infi 2. Demolish the guesthouse and remove all debris from the 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV m the site. 5. Install temporary drainage resistant plastic sheeting. devices to divert storm water from of the landslide. entering landslide area from locations above the head scarp The above measures must be implemented by September notified that if you do not implement the nuisance abatement a nuisance if o bdemet i will be p er 15, 2005. You are hereby 200 regular uisan eabat menhearing conducted before the tCits Council un at its ]$, re u City Council Chambers, 2pm September 26,E2005 beginning at at its you will begiven an o Road. 7:30 p.m. in the Rolling Hi opportunity to If the hearing conditions on your a o p ortrty and regarding evidence to the City ° goes ar ding Council regarding the g b alias abatement order. Should you wish to discuss this Sincerely, Craig R. Nealis City Manager CRN:mlk 03-29-0.5sil c,,.rl..dre CC: Page 2 We have forwarded this correspondence to all of the known addresses we have' regarding this property. We trust that by 'Providing Collins that he will forward this letter t you i„`tl,�eb ` certified letter to Mr. Craig addresses listed above. We have also ant that it is not receivc�latthc posted this letter at the property. further, hesitate to call. please do not City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Render, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer September 1, 2005 Project No. L-599 DI DELTA. t' • i"-T---,� City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 • Attn: Craig Nealis, Cit y Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads. Poppy Trail Landslide Rolling Hills, California I1r. Nealis: As requested, GROUP DELTA CONSULTANTS, INC GD this letter to provide pre -construction and tj is n on recommendations related to the construction of theATV roa Trail Landslide and the lower access road. road Currently, GDC is in the process of installing inclinomet observed the following: ers in pleased to present for construction across the Poppy the landslide and On September 1, 2005, during while installing inclinometers on the midsection the Poppy Trail Landslide, it was observed that the landslide was still evidence by, there were traverse cracks that paralleled t of throughout the midsection of the landslide. Diagonal tension/shear moving, as he toe of the landslide observed along the north lateral scarp and across the northern section of cracks were Canyon Trail where the trail crosses the lateral scarp of the landslide. o, there is evidence that surface water has ran off the top of the landslide head scarp landside mass. Also. there is This water needs to be prevented from flowing onto the where it can enter the new tension cracks, which can accelerate the movement onto the landslide landslide. of the ',' 1. •4, •Ii : •' 1._., 'wi • Ill '; GROUP DELTA tt•I.iir. l 1.L1 W L-599 1)1 Group )cha Cow'. utc. Int. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed and winterization of the Poppy Trail Landslide, it is recommended that sveals�teps be taken during the construction of the AN and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the loose soil materials. landslide should be compacted with a bulldozer to seal any fractures and 2. The guesthouse and landslide head scarp pose an emanate dan persons traveling on the ATV and temporary access road. 9er to There guesthouse should be demolished. The demolition debris shouldf ore the stockpiled above the head scarp but taken offsite. Afte he guesth removed, the landslide head scarp should be flattened tor1thorizntalotos1lo reduce rock and debris fall hazards from the scar should be placed on the uphill side of the ATV road o catch any debris thp. A temporary (l may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed MET the head scarp to the ATV road and from the AN road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water access road below Poppy Trail. from accumulating on the landslide mass and to protect the temporary 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "'industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road 'and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above th landslide around the guesthouse and tennis court areas. !, e leasures should Poppy Trai1 L.”3,1i 1c city nr Roilin5tIuIl L-599 1)1 GroupL-599 nc112 Concuho,us. Inc. Poppy . 3 p l y Toil lick City Rolling11.11s be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. may include use of sandbags, installation of temporary This sheeting, temporary re-grading,.(which p ry pipes, plastic and even redirecting the roof gutter do�ruil� require removal of driveways) diverted away from the landslide mass. spouts into Pipe systems and rs part of the pre -construction phase of this grading, GDC is - installing 3 determine the stability of the landslide. inclinometers to monitor landslide movement during grading. This data will help Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landsjd conditions and the limited review of the subject references. Ide This evaluation was performed in accordance with standards using that degree of care and skill ordinarily generally s under circumstances by reputable geotechnical consultants cised under similar pr localities. No other warranty, expressed practicing in this or similar or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper control from the contractor. Consequently, contingent on the opportunity the. recommendations are quality of GDC to observe the made including slurry, grouting or any excavatin contractors operations to provide such services, they must be notifiedti parties t they will other berre DC are engaged complete responsibility for the geotechnical phase of the project byuired to assume the conclusions in this report or provide alternate recommendations as deemed appropriate. concurring with DELTA ��:rrrsr� DELTA • 1..-599 U Grtrtp Delta Cnn.ultanlc. Inc- Ptipt Trail L2r ils If you have any questions, or if we can be of further seniCe city of H"II"FIIllrlls contact Group Delta Consultants, Inc. at 310-320-5100. please do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC SK for Mike Reader IichaeI D. Rcadcr, VP, GE Steven If. Kolthoff, PC, CEG N:'•Projccts1LD0.t99 L:599 Rolling Hill Poppy Tril Landslidc-1-S99A Poppy Tni1 $!ide:Documcros G.99 P.II Pcq`c Trail Landslide • Lem' Report r2.dcc n ODFREY PERIJEII. D D S. yor cfi B. ALLEN LAY Afdyor Pao Tern OR. JAI.tES BLACK COunC,imember THOMAS F. HEINSHEu.IER Counc:tmemper FRANK E. Hill CounC,rmemner July 12, 2005 Ying Chink Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: • leoaz NO. 2 FORIUCITIE BEND ROxD rOlHUG Hill S. CAL IF, 90274 131013;7.1571 FAx:131013:7J2EB E.m2.l c.110t,h: Z0I con On Ma rch 22, 2005, the consulting o City received the attached recommendations o geologist for immediate safety consulting your property. mitigation tuns from for the City y As o oation measures for the land our of Rolling Hills s cone recall, at that time, you ,r for the ofR imitigation measurescomplete these 'provided movementRECOMMENDATIONS) number 1 and 2 e miti� access �,greemrnts ATIONS) described in the attached letter. O o`ition measures. T]1QCit}. RT TERI\1 Mitigation measures number 3 ensure , nd 5 still need to b 15, request2005you to complete these • mitigation e rocompleted. priore respectfully can complete this work know measures on your Property on you require any assistance with (indin�� a c your ro p i' to September . Property. 0 0ntractorihat We look forward to your completion of this work. Thank you for}'our coo Aeration. Sincerely, sus Craig R. Nealis City Manager CRN:mIk Ui 17-O S; lar�f•11r.doc CC Mike Jenkins, Cit Craio g Collins y Attorney' ,.Attorney at Law Mike Reader, Group Delta Consultants Bolton Engineering C; l C) U I' March 22, 2005 Project No. L-599 DELTrA- Ki. . ,��. City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summaryand Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Po Landslide of March 1 1, 2005. Our understanding Pct Trail recommendations are outlined below. We have not as yet performed the project detailed and geologic mapping, subsurface exploration, laboratory aperses or any deejing calculations. Rather, our role has only been to advise theCity nalyses or e emergency r envy basis to aid in evaluating the overall safety of the subject slide o ndn nthe affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 1 1, 2005, GDC was contacted by 1.1r. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below 1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded adof the guesthouse. Poppy Trail has been over -ridden by slide debris. To p access to homeowners on Poppy provide Trail, the Home Owners Association was using a horse trail located down slope from the current road. Ita.rot i • G I:OUP Group Delia Coii�urC�iir<. Inc. 2 r''Tl) Trail La J•I Jc The - City of nan; slide mass has numerous fractures, mostly in the central portion t - observed to extend depths estimated to be up to 20 feet deep. displaced and removed a paved that were drainage swale near mid -slope. The scarp hasalso falls Angeles County officials. within the guesthouse foundation, which has been exposed and red to gged by Los Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a collectorpipe the °are roof runoff next to the foundation head scarp. guesthouse footing and wall debris were noticed in a of the guesthouse Since the original site visit, local residents have constructed Poppy Trail which was covered with Crushed Miscellaneous Base n access road below access road was used to drive the blocked residence automobiles into n oasafe area on (CMB). other side of the landside and to attempt to im rove This newVehicle (ATV) use. Lights have been stung tun 9 the trail with extension cords and along p the road for All Terrain florescent light bulbs. A water hose was found along the trail with water The hose was used for dust control and for the residences to attempt to achieveproper compaction of the sand and gravel. pressure_ 2.0 SHORT-TERh1 RECOMMENDATIONS Currently, GDC is in the process of performing detailed ma landslide. However, at your request and recognizing PPing and drilling situation, it is recommended that several steps be taken. emer enc of the 9 y aspect of the 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration remove the risk of someone slipping and/or falling. achieved by and b This can be ach pushing soil into the cracks and track rolling the soil to a ti ht 2. During the bulldozer grading the resulting surface g compaction. drainage. Any large trees and brush on the slide should be sloped cut anor removed. The City should consider putting temporary ed head scarp and a catchment fence along the toe of the landslide.ng behind the 3. With time and weather permitting; UV resistant plastic sheeting placed over the head scarp and in the two graben areas as a minimal act be to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely action P y covered with the tic extending over the edges of the landside. Plastic sheeting should be diverted away from the landslide to pre event wat plastic on the landslide mass and to protect the temporaryer from road below Poppy Trail. access t_-J'P) Group Ucli:1 C4,n,i,li:iii1:. lair. 3 1'" 1'I'Y rr� l L;i,I lulr l)• I.120; Mils 4. Temporary measures should be installed to divert any water collected on te paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the Iandside mass. Care should be taken to convey the water beyond the current access road an to allow the water to enter the toe of the landslide. dnot S. A more complete inspection should be made of the areas above landslide around the guesthouse and tennis court areas. Measures should sh the be taken to prevent any runoff from the properties above from draining the landslide. This includes runoff from the roofs, into drain inlets anito n paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof diverted away from the landslide mass. down spouts into systems and 6. NOTE: The to of the slide is a near vertical slo.e about 30 fee This scar. is hi.hl unstable and care should taken durin. t hazer to work .lastic sheetin. or sandba. sin, an bulldozer scar. or endan.er •ersonnel by workin. too close not rto the tther de -stabilize o the of the scarp or bottom As part of the first phase of this emergency, GDC will drill 2 to 3 bucket au Since the Iandside might not be accessible, the borings will be drilled landslide to determine the stability of the temporary auger holes. This data will help determine the soil and rock quality road and on Poppy below the landslide. Aerial photos will be analyzed as part of this first h -se Trail. y and if site is on a larger would be drawn based on the mapping, phase. Cross -sections geometry. This data will be used top selectloc tionnsealodgdepths or observed landslide borings. GROUP L-59.) Ci r(st h. Dd. con.0 llanlc. I nc. Closure -I t'r'I ry rr:nl City of 411; 11;11111s This letter summarizes the opinion of GDC, based on the limited observation of the landside conditions and observation have not as walkoverthes subject the limited review subsurface exploration, laboratory analyses performede anyneeri of the subject ring detailedl geologicios thmapping, role has only been to advise the City on an emergency basis to aid in engineering calculations. Rather, our overall safety of the subject slide and the affected residences. based only on our observations, preliminary evaluating the judgment, and a cursory review ofre published geologic reconnaissance this letter is regarding the history of the subject slope, geologic reports and professional City records 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. tllicliacl D. Reader, VP, GE L-599 RII Perry Tr I L]ndclidc-Lcucr Rcpon cI Gi:OL;1' ICE 1 -TA Steven 11. Kolthoff, PG, CEG r. AE121:11, I'I1O'1'0 OF I'OI'I'1' TRAIL 1.,1iN1)1.SI,)1? ,1121,1 (Plitt 1\1:ircli 2004) ROLLING HILLS 1•fU.'JICIPAL CODE Seciions: 8.24.010 8.24.020 8.24.030 8.24.040 8.24.050 8. 24.060 8.24.070 8.24.080 8.24.090 8.24.100 Cha ter 8.24 ABATEMENT OF IQUISANCES Nuisance defined. Duty of owner or possessor Notice to abate nuisance. of property. Notice to abate nuisance --Contents. Hearing and decision. Abatement by city Notice of charge_ Lien. Charges to be billed on tax bill. Court action. Summary abatement. 8.7-1.010 Nuisance defined. For the purposes be defined as anything which is injurious to health orsafet p po_es of this chapter, a -nuisance-shall or offensive all to the senses, or an obstruction to the free use of property or injurious real property so as to interfere with the comfortable en' y- or is indecent or offensive unlawfully obstructs the free passage J r'ous to the properly, or and the same me anp s are community in or enjoyment of life or ao p ge or use, in the customary p pert]•, or number affects persons, same time the extent m the ity Y manlier' f any street, a of Y neighborhood, or any considerable individuals may be unequal_ annoyance or dama Notwithstanding any ge'nflicted upon ordinance anyparticularcondition constitutingons ofthis chapter, the city (Ord. 190cou90il may define b. a nuisance. §1(part), J9S1). 8-2-1.020 Duty of owner or oss in possession of any essor of ro ertv. Ever property, place or area within the(, Every person the City ownsor atte his or her own expense, maintain the property, place or boundaries of c (Ord. 190 §1(part), 1931), free from any `hall, nuisanre. 3.24.030 Notice to abate nuisance. 1-Vhenever the City Council nuisance existsupon any property, place or area within the bound City Manager may notify in writing the owner or determines that a City orareatoa the nuisance within fifteen days arms ofothethe pCroperty, place person in possession , notice shall be given by registered or certified mail addressed proFert}, possession of the property,yr place or area from the date of the notice. The �� t his last known a rethe owner or person in (Ord. 190 §1(part), 1931). 3.2-1.0.10 Notice to abate nuisance -- he nuisance is not abated or good -faith efforts towards,abatemel1 nuisance —Contents. The notice shall state that satisfaction of the City Manager within fifteen days from the date �fhearing shall be before the City Council to hear any t not been made to the shall e heldtbe person. The noticeu s shall specify protest of the ownerreOs a sotor the time, dale 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§](part), 19S1). S.24.050 1 -lea ring and decision. If the nuisance is not abated or towards abatement have not,been made �� ithin the time set forth in Section faith 30,efft e 5.21.U�0, 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), 1951). 8.24.060 Abatement by city --Notice of charge. Upon failure, newect , ref a person notified pursuant to Section 5.2-1.050 to abate a nuisance within thirrttyr daysal b� 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), 1951). 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 orarea involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due twill 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 dale of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.0S0 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 rale, 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 court of competent jurisdiction, appropriate action�,ina P 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 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(parl), 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, theCity Manager shall attempt to notify the owner or possessor of the property, place,urarea 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, pbce 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 char charge the cost of abating such nuisance to the owner or possessor b aceor area involved. The City shall notify in writing the owner or possessorpro of h plroper place or area upon which a nuisance has been abated by p es or of stof idrt}�, abatement. Such notification shall be given in the sam manlier requiredtb(Section 8.24.030. The provisions of Sections 8.2-1.010, 8.24.0S0 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE L?J'JDSLIDE ?RE?S 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 movingon its own accord. (Ord. 190 §1(part), 19S1). 8.28.020 Abatement. Any condition declared to be a public nuisance bySection 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter S.24. (Ord. 190 §1(part), 1981). CERTIFIED MAIL i 11 111 i 11 11 11 ui 7004 2510 0007 4567 2020 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 o • , r H M,. R 2oc .r:: iclegddressgdato Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 7004 2510 0007 4567 2020 • U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage N O Return Receipt Fee 0 (Endorsement Required) CI Restricted Delivery Fee • (Endorsement Required) uI' r- fU Total P Sent To 0 N arrest or PO Br City, Stn Certified Fee Postmark Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 Certified ▪ mailing 9MaeipProvides: (wren ird zooz eunr'owwe wod Sd ■ A unique identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders: is Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. in Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ - For an additional fee a Return Receipt may be requested to provide proof of. delivery. To obtain Retum Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to covet: the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mali receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. • CERTIFIED MAILTM i i 11 11 Ai i 11 11 11 111 7004 2510 0007 4567 2037 CITY `LING HILLS 2130' .,'' E BEND ROAD ROLLING WILLS, CA 90274 Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 U.S. PO'T I'. p r ,0 ii t..1 Fv1ETER52ori;Fp. Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 4 R oted peliv r .G,r 4. i i..' 7004 2510 0007 4567 2037 r Public Notice Public Notice Title Order No. 6274201 Notice of Trustee's Sale YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 7/27/1994. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 1/10/2007 at 11:30 AM California Reconveyance Company successor by merger to Serrano Reconveyance company as the duly appointed Trustee under and pursuant to Deed of Trust, recorded on 07/29/1994, Book , Page , Instrument 94 1417312 of official records in the Office of the Recorder of Los Angeles County, California, executed by: Hui-Tse Sheen, a single man and Chang Ying-Ching Sheen, a married woman, as her sole and separate prop- erty, as Trustor, Home savings AF America, FSB a Federal Savings Bank„ as Beneficiary, will sell at public auction sale to the highest, bidder for cash, cashier's check drawn by a state or national bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant the Deed of Trust. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, interest thereon, estimated fees, charges and expenses of the trustee for the amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the front entrance to the Pomona Superior Courts Building, 350 West Mission Blvd., Pomona, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $1,452,430.00 (esti- mated) Street address and other common designation of the real property: 1 Poppy Trail Road, Rolling Hills, CA 90274 APN 7569-007-001 & 7567-014-014 The under- signed Trustee disclaims any liability for any incorrect- ness of the street address and other common designa- tion, if any, shown herein. The property heretofore described is being sold "as is". Date: 12/19/2006 California Reconveyance Company, successor by merg- er to Serrano Reconveyance Company as Trustee (714) 259-7850 or www.fnasap.com (714) 573-1965 or www.priorityposting.com 9200 Oakdale Avenue Mail Stop N 11 0612 Chatsworth, CA 91311 Deborah Brignac, Vice President California Reconveyance. Company is a debt collector attempting to collect a debt. Any informa- tion obtained will be used for that purpose. P266512 12/21, 12/28, 01/04/2007 Published in the Palos Verdes Peninsula News on December 21, 28, 2006 and January 4, 2007. \it( CZ. 1-1C. ✓rn-Q.Jr. • 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 maiipiece, or on the front if space permits. 1. Article Addressed to: Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 A. Signature X ❑ Agent ❑ Addressee of D very L 0 B. Received by (Printed Name D. Is delivery address differ nt rom item 1 0 es If YES, enter delivery address below: 0 No 3. Service Type IZCertified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ,Z Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes '1 soppy Tla•l 4ritNG ihtro(a. 2. Ai -tic 70014 2510 0007 4567 2037 PS Form 3811, August 2001 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 Roa Rolling Hills, CA 9027 APR CITY OF An► I ING WILLS BY rr'Yrr 1 3 2006 May 11 06 06:32p Rolling Hills 3105446766 p. 1 C P.V.P. News No. 8131 Trustee Sale No. 400902CA Loan. No. 7017184321 Title Order No. 6270465 Notice of Trustee's Sale YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 7/27/1994. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 5/31/2006 at 11:30 AM California. Reconveyance Company, successor by merger to Serrano Reconveyance Company as the duly appointed Trustee under and pursuant to Deed of Trust, recorded on 07/29/1994, Book , Page , Instrument 94 1417312 of official records in the Office of the Recorder of Los Angeles County, California, executed by: Hui-Tse Sheen, a singleman and Chang Ying-Ching Sheen, a married woman as her sole and separate prop- : erty, as Trustor, Home Savings of America, as i Beneficiary, will sell at public auction to the highest bid- der for cash, cashier's check drawn by a state or nation- ' al bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or fed- eral and loan association, savings association, or sav- ings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now heldby the trustee in the hereinafter, described property under and pursuant the Deed of Trust. The sale will be made;. but without covenant orwarranty, expressed; or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured. by the Deed of Trust, interest thereon, estimated fees, charges i and expenses of the trustee for the amount (at the time of the initial publicationof: the Notice of Sale) reasoriably estimated to be set forth below. The :amount may be greater on the day of sale ` Place of Sale:. At the ;front entrance to the Pomona Supenor. Courts. Budding,=350 West Mission Blvd, Pomona, CA Legal Description As more fully described in said Deod of Trust Arnount of unpaid balance and other charges: $1,476,003:43 (esti- .: mated) Street address and other common designation of • the real property: 1. Poppy Trail Road, Rolling ,Hills, CA 90274 APN 7569-007-001 & 1567-014-914, The under- signed Trustee djsclairms ,any liability for any: incorrect- ness of the street address and other common designa- tion, if any, shown herein. The property heretofore I described is being sold "as is". Date: 5/9/2006 California Reconveyance Company, successor bymerger to Serrano Reconveyance Company, as trustee (714) 259.- 7850 or www.fnasap.com (714) 573-1965 or www.priori- typosting.com Deborah... Brignac, Vice.. President California Reconveyance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. P246575 5/11, 5/18, 05/25/2006 Published in the Palos Verdes Peninsula News on May 11, 18, 25, 2006. tv '-)‘`Yeri ,10 TRANSMISSION VERIFICATION REPORT TIME : 05/12/2005 08:07 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG53303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05/12 08:07 19494175394 00:00:42 02 OK STANDARD ECM baelt1 DATE: TO: Mc k °t. City ./ Roftin ;NCCRPQft& T D JANUARY .4, 1957 FAX COVER SHEET a , uevebac. FAX: SUBJECT: NO. g PORTUGUESE BEND ROAD) ROLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377.77138 E•maii: ci1yofrhmaal.cam TIME SENT: t. 00 FROM: Glt` +~ REMARKS: Ti OPERATOR: f/Acu‘'INArt- BROADCAST REPORT TIME : 05/12/2006 08:04 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J333281 PAGE(S) 02 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 05/12 05/12 08:01 08:03 CITY ATTORNEY 19494175394 _ i~d Riet.t\td3 01:17 42 02 02 OK OK ECM ECM BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION CV : COVERPAGE PC : PC -FAX FIRST LEGAL SUPPORT SEA= ES 1511 W. BEVERLY BLVD. LOS ANGELES, CA 90026 I Saves this ,eftwitar 41.70 ;..: F ••• ;4;4; .. v • • 14. 014H15208473 w d 0.392 Mailed From 90026 US POSTAGE titt Jo) tiae4 xls C� ct dL�` 11slit Ilit M:1tII,:llili11it! 1:1111IItlilt; till lslit 1111t I�II 11M 1 B '2306 OTY OF ROLIS4G HILLS By DATE/TIME STAMP 06 1080935 MAY 16 2108 10 11:55 208 5/15/06 11:55 11:55 4129IJENKINS & HOGIN SPECIAL Cntrl# 3572948 104 EEJ pu info. CTIY OF ROLLING HILLS NO.2 PORTUGUESES BEND RD. ROLLING HILLS CA 90274 310 337-1521 Zns: 50/9 EVA NIKODEM R.H. POPPYTRAIL 1/ 1 - 5/15/06 del info: 5/15/06 PICK UP DOCUMENT NUISANCE ABATEMENT LIEN. AND HAVE IT RECORD LOS ANGELES COUNTY RECORDER 12400 EAST IMPERIAL HIGHWAY NORWALK CA 90650 562 462-2716 Ext:2133 Zns:936/12 @ LOS ANGELES 5/15/06 11:27 Advanced $ On Check # 5/15/06 208 To:12:12 Yes K'Cr fog:91116 - MAY 16 2006 RECORDING REGGUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S v PAQI cfnitrn tecorded cz t het} with + ri t� tg na . isl e no ire, - r8 1 t o slELE;iC been P H ou��`' s_,u �1�:iWz�f NOCOR SMF Qa?� ' RECl eO!R MISC. A R L COPY LONG REFUND NCHG EXAM Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trail[el] 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: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trail[el] Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 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, Rolling Hills Municipal Code Chapter 8.24 and Resolution No. 996, adopted on September 26, 2005, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on March 1 and 22, 2006, 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 $147,928.77. 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 April 20, 2006, 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 Trail, Rolling Hills, California, 90274. Dated: r'44 G;NEALIS, CITY MANAGER Y-OF ROLLING HILLS RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trail[elj Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 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, Rolling Hills Municipal Code Chapter 8.24 and Resolution No. 996, adopted on September 26, 2005, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on March 1 and 22, 2006, 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 $147,928.77. 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 April 20, 2006, 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 Trail, Rolling Hills, California, 90274. Da+� -ALIS, CITY MANAGER CITY OF ROLLING HILLS TRANSMISSION VERIFICATION REPORT TIME : 06/06/2006 08:39 NAME ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 06/06 08:38 CITY ATTORNEY 00:61:18 04 OK STANDARD ECM DATE: TO: eiiV .. Jh ad& � NCOP TED JANUARY 24, P:'57 FAX COVER HE T FAX: SUBJECT: NO. 2 PORTUGUESE 5C -ND ROAD ROLLING HILLS, CALIF. 90214 (314) 377-1521 FAX: (31b) 377-7258 E -m MI: cltyoUh@aol.com TIME SENT: / Cgitin FROM: -C7 x t) OFERA.TOR:�,J REMARKS: TIME : 05/22/2006 10:00 NAME : ROLLING HILLS CITY FAX, : 3103777288 TEL : 3103771521 SER.,# BROG5J303281 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 05/22 05/22 09:56 09:59 CITY ATTORNEY 19494175394 Ea! Q;ciaue,(S 02:03 01:13 06 06 OK OK ECM ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION CV : COVERPAGE PC PC -FAX o9c M,p.� - -.►0 I, TRANSMISSION VERIFICATION REPORT TIME : 05/22/2006 10:07 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05/22 10:06 CITY ATTORNEY 00:00:50 02 OK STANDARD ECM TN 2 City of JUL INCOP.PORATED JANUARY 24, 1957 NO, 7 PORTUGUESE BEND JOAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7289 E mai4 CltyQlrh@aol.com FAX OI SHEET DATE: _54Z7-14 TIME SENT: Ci' SO a.rel, . TO: inilAltt ...- 'lyl i FROM: CE.C9 N ' C i_gle.103-1t4V1,51telie kabettt Ceti Mt..0.4...,tuz)tC OPERATOR: *Wes SUBJECT: - r ,.3 . 1, FAX: .. REMARKS. TRANSMISSION VERIFICATION REPORT TIME : 05/22/2006 10:08 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J363281 DATE, TIME FAX NO./NAME DURATION PAGE (S) RESULT MODE 05/22 10:08 19494175394 00:00:29 02 OK STANDARD ECM DATE: TO: City of Rotii. r-44- .0 kJ' INCORPORATED JANUARY 7k, 1957 FAX COVER SHEET S1z2_1o� Na 2 PORTUGUESE 6END ROAD ROLLING HILLS, CALIF. 50274 (310) 377-1521 PAY,,: (310) 377-7288 E•malt: cllyafrh@aol.com TIME SENT: So .+ FROM: Ceti itilko-ks_a..tee, FAX: OPERATOR: .td+ SUBJECT: REMARKS: P TRANSMISSION VERIFICATION REPORT TIME : 05/22/2006 10:02 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : EROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGES) RESULT MODE 05/22 10:00 19494175394 00:01:22 07 OK STANDARD ECM City ofielliny INCORPORATED .JANUARY 24, 1457 FAX i ER SHEET DATE: TO; 'L] birLkOt t 4ev a4 FAX: SUBJECT: REMARKS: TIME SENT:. FROM: OPERATOR: Na 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 99274 f. 10) 377-1521 FAX: (31 0) 377-72SE hall: ci(yofrh(a41,00m So • e_ • ink a 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, Rolling Hills Municipal Code Chapter 8.24 and Resolution No. 996, adopted on September 26, 2005, the CITY OF ROLLING HILLS did abate a nuisance upon the real property hereafter described and then on March 1 and 22, 2006, 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 $147,928.77. 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 April 20, 2006, 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 Trail, Rolling Hills, California, 90274. Dated: S i -p ( By: CR�rI NEALIS, CITY MANAGER CITY -OF ROLLING HILLS '"RECORDING REQUESTED BY: CITY OF ROLLING HILLS City Manager WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. R L COPY LONG REFUND NCHG EXAM Space above this line for recorder s use Only NUISANCE ABATEMENT LIEN 1 Poppy Trail[el} Rolling Hills, California 90274 Lot 90-B-RH APN: 7569-007-001 7567-014-014 CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the I S day of Medet, , 2006, I serve the within / , ..�, ai-..Pm p.......i.„9„.., aczek.,, c A 940. ---) I/ a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: POSTED AT PROPERTY I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the I S` 4)day of T , 2006 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 02/05 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MICHAEL JENKINS; CITY ATTORNEY CITY OF ROLLING HILLS, and JENKINS & HOGIN, LLP CHRISTI HOGIN, State Bar No. 138649 JOHN C. COTTI, State Bar No. 193139 Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, California 90266 Tel.: (310) 643-8448; Fax: (310) 643-8441 Email: jcottt@localgovlaw.cozn Attorneys for the City of Rolling Hills Exempt From Fees Pursuant to Government Code § 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES IN THE MATTER OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT RE: PROPERTY LOCATED AT I POPPY TRAIL, ROLLING HILLS, CALIFORNIA [PROPERTY OWNED BY ALAN SHEEN. YING CHING SHEEN, AND JAMES SHEEN] Warrant Case No. AB 022 RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT TO THE CLERK OF THE COURT: The City of Rolling Hills hereby makes this Return to the Nuisance Abatement Warrant; issued by the Honorable Francis J. Hourigan on November 2, 2005. Under the authority of said Abatement Warrant, the City of Rolling Hills abated the nuisance at 1 25 I Poppy Trial, Rolling Hills (hereinafter referred to as the "Subject Property") with such 26 27 28 RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT v 05/15/2006 10:32 31©643°441 JENKINS & HOGIN LLP PAGE 03/05 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 abatement being complete on February 24, 2006. Prior to the abatement, copies of the Nuisance Abatement Warrant were posted at the Subject Property. The nuisance abatement warrant authorized the City of Rolling Hills to enter onto the Subject Property and abate the public nuisance by: 1. Seal any and all renewed tensions cracks; 2. Demolish the guesthouse located at the rear of the Property; 3. Cover the entire affected area. with UV resistant plastic sheeting; 4. Flatten the landslide head scarp to a 1 horizontal to 1 slope; 5. Install temporary drainage devices to divert stormwater; and 6. Take other such steps as may be reasonable to ensure that the Property is in compliance with the Rolling Hills Municipal Code. The Declaration of Craig R. Nealis contains a true account of the nuisance abatement process conducted pursuant to the Nuisance Abatement Warrant. Executed this day of May; 2006 at Manhattan Beach, California. JOHN C. COTTI Deputy City Attorney RETURN APPROVED Subscribed and sworn to me before this day of , 2006. rx ANUS .1 . JUDGE OF THE SUPEHOURIGANTRIOR COURT . RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 04/05 DECLARATION OF CRAIG R. NEALIS 2 I, CRIAG R. NEALIS, declare as follows: 3 1. I am the City Manager for the City of Rolling Hills. I have held that position 4 for all times relevant to the present matter. I have personal knowledge of the laws and 5 regulations of the City of Rolling Hills with respect to Building and Zoning Codes, and other 6 laws and regulations relating to public health and safety. 7 2. 1 am familiar with the property located at 1 Poppy Trail, Rolling Hills, 8 California (the "Subject Property"). I have personal knowledge of the facts contained in this 9 declaration, and if called upon to testify, I could and would do so competently. 10 3 On November2, 2005, I received the said Nuisance Abatement Wan -ant. 2 11 copies of the Wan -ant were posted at the Subject Property under my direction. After waiting 12 for the 24 -hour notice period to pass, the City executed the nuisance abatement warrant and 13 completed the work on February 24, 2006. 14 4. Erosion Control Specialists, Group Delta Consultants and Peninsula Septic 15 Service were contracted to abate the public nuisance and performed the following work: 16 a. Demolished and removed guest house; 17 b. Cut back head scarp to a 1:1 slope; 18 c. Exported soil; 19 d. Removed debris; 20 e. Placed sand -bags and plastic sheeting; 21 f. Installed above -ground drainage; 22 g. Installed 18" catch basin; 23 h. Compacted and graded Subject Property for adequate drainage; and 24 i. Pumped septic tanks. 25 5• On March 22, 2006, I sent a certified letter to the owners of the Subject 26 Property indicated that the winterization work was complete and advised that the City 27 Council would consider whether to assess the cost of the work as a lien against the Subject 28 REMON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT 2 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 05/05 •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 Property pursuant to Rolling Hills Municipal Code § 8.48.070. Attached hereto as Exhibit A is a true and correct copy of the certified letter I sent to Mr. Alan Sheen and his counsel, Craig Collins, dated March 22, 2006. 6. On April 10, 2006, the City Council approved the nuisance abatement costs and directed City staff to proceed with collection pursuant to Municipal Code §8.48.070. Attached hereto as Exhibit is a. true and correct copy of my staff report, dated April. 10, 2006. Attached hereto as Exhibit C is a true and correct copy of the City Council Minutes, dated April 10, 2006. I declare under penally of perjury pursuant to the laws of the State of California that the foregoing facts are true and correct. Executed this jc '1` day of May, 2006 at Rolling Hills, California. CRAIG R. NEALIS, City Manager RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT TRANSMISSION VERIFICATION REPORT TIME : 05/1512006 11:02 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05115 10:56 CITY ATTORNEY 00:06:09 15 OK STANDARD ECM DATE: TO: FAX: City .1 INCORPORATED JANUARY 2/1, 1957 • FAX COVER SHEET cpW TIME SENT: FROM: -k NO. 2 PORTUGUESE BIND ROAD ROLLING HILLS, CALIF, 90274 1310)377-1521 FAX: 1310) 377-7285 E-m1il; ciiyolrhi aal.rgrh t S, • t\ its OPERATOR: REMARKS: i +011 #kca- f. 05/15/2006 10:32 3106438441 JENKINS & HI]GIN LLP PAGE 01/05 jENKINS & Ho GIN, LIT A LAW PARTNERSHIP MANHATTAN TOWERS 1230 ROSECRANS AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310)643-8448 * FAx (310) 643-8441 WWW,LOCALGOVLAW.COM FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 310.377.7288 To: CRAIG NEALIS From: John C. Cotti Client/Matter: Poppy Trail Date: May 15, 2006 DOCUMENTS • Return on Nuisance Abatement Warrant NUMBE R.OF PAGES* *excluding this page COMMENTS: 4 The information contained in this facsimile is confidential and may be protected by attorney -client communication or work product privileges. The information is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any use or distribution of this material Is prohibited. Please notify us by telephone and return the original by U.S. mall to the address above, Thank you. If there are problems with the transmission of this documents, please call (310) 643-8448 E:1Ralling Hills1NEALIS FAX.wpd 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 02/05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 MICHAEL JENKINS; CITY ATTORNEY CITY OF ROLLING HILLS, and JENKINS & HOGIN,. LLP CHRISTI LOGIN, State Bar No. 138649 JOHN C. COTTI, State Bar No. 193139 Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, California 90266 Tel,: (310) 643-8448; Fax: 310) 643-8441 Email: jcottt@1oca1govla\vcorn Attorneys for the City of Rolling Hills Exempt From Fees Pursuant to Government Code § 6.103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES IN THE MATTER OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT RE: PROPERTY LOCATED AT 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA 15 (PROPERTY OWNED BY ALAN SHEEN, YING CHING SHEEN, AND JAMES 16 SHEEN] 17 18 19 20 21 22 23 24 25 26 27 28 Warrant Case No. AB 022 RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT TO THE CLERK OF THE COURT: The City of Rolling Hills hereby makes this Return to the Nuisance Abatement Warrant, issued by the Honorable Francis J. Hourigan on November 2, 2005. Under the authority of said Abatement Warrant, the City of Rolling Hills abated the nuisance at 1 Poppy Trial, Rolling Hills (hereinafter referred to as the "Subject Property") with such RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 03/05 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 abatement being complete on February 24, 2006. Prior to the abatement, copies of the Nuisance Abatement Warrant were posted at the Subject Property. The nuisance abatement warrant authorized the City of Rolling Hills to enter onto the Subject Property and abate the public nuisance by: l . Seal any and all renewed tensions cracks; 2, Demolish the guesthouse located at the rear of the Property; 3. Cover the entire affected area with UV resistant plastic sheeting; 4. Flatten the landslide head scarp to a 1 horizontal to 1 slope; 5. Install temporary drainage devices to divert stormwater; and 6. Take other such steps as may be reasonable to ensure that the Property is in compliance with the Rolling Hills Municipal Code. The Declaration of Craig R. Nealis contains a true account of the nuisance abatement process conducted pursuant to the Nuisance Abatement Warrant. Executed this day of May, 2006 at Manhattan Beach, California. JOHN C. COTlT ' Deputy City Attorney RETURN APPROVED Subscribed and sworn to me before this day of , 2006. n 1CJS J. HOUR1GAN. JUDGE OF THE SUPERIOR COURT RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALLS )N SUPPORT 05/15/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 04/05 1 DECLARATION OF CRAIG R. NEALIS 2 I, CRIAG R. NEALIS, declare as follows: 3 1. 1 am the City Manager for the City of Rolling Hills. I have held that position 4 for all times relevant to the present utter. I have personal knowledge of the laws and 5 regulations of the City of Rolling Hills with respect to Building and Zoning Codes, and other 6 laws and regulations relating to public health and safety. 7 2. 1 am familiar with the property located at 1 Poppy Trail, Rolling Hills, 8 California (the "Subject Property"). I have personal knowledge of the facts contained in this 9 declaration, and if called upon to testify, I could and would do so competently. 10 3. On November 2, 2005,1 received the said Nuisance Abatement Warrant. 2 11 copies of the Warrant were posted at the Subject Property under my direction. After waiting 12 for the 24 -hour notice period to pass, the City executed the nuisance abatement warrant and 13 completed the work on February 24, 2006. 14 4. Erosion Control Specialists, Group Delta Consultants and Peninsula Septic 15 Service were contracted to abate the public nuisance and performed the following work: 16 a. Demolished and removed guest house; 17 b. Cut back head scarp to a 1:1 slope; 18 c. Exported soil; 19 d. Removed debris; 20 e. Placed sand -bags and plastic sheeting; 21 f. Installed above -ground drainage; 22 g. Installed 18" catch basin; 23 h. Compacted and graded Subject Property for adequate drainage; and 24 L Pumped septic tanks. 25 5. On March 22, 2006, I sent a certified letter to the owners of the Subject 26 Property indicated that the winterization work was complete and advised that the City 27 Council would consider whether to assess the cost of the work as a lien against the Subject 28 RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT 2 05115/2006 10:32 3106438441 JENKINS & HOGIN LLP PAGE 05/05 •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 Property pursuant to Rolling Hills Municipal Code §8.48.070. Attached hereto as Exhibit A is a true and correct copy of the certified letter I sent to Mr, Alan Sheen and his counsel, Craig Collins, dated March 22, 2006. 6. On April 10, 2006, the City Council approved the nuisance abatement costs and directed City staff to proceed with collection pursuant to Municipal Code §8.48.070. Attached hereto as Exhibit is a true and. correct copy of my staff report, dated April 10, 2006. Attached hereto as Exhibit C is a true and correct copy of the City Council Minutes, dated April 10, 2006. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing facts are a true and correct. Executed this J ' day of May, 2006 at Rolling Hills, California. 1 CRAIG R. NEALIS, City Manager RETURN ON NUISANCE ABATEMENT WARRANT; DECLARATION OF CRAIG NEALIS IN SUPPORT GODFREY PERNELL. D D.S. Mayor B. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Councdmemoer THOMAS F. HEINSHEIMER Councilmemoer FRANK E. HILL COuneilmemoer July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: 11 o� PO y 4-111411.6 .I........ .1:.,.(• . _. ._,.. 2+. 14..7 NO 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (31013774 521 FAX: (3101377-7288 E•mad cilyolrn. aol corn On March 22, 2005, the City received the attached recommendations from our consulting geologist for immediate safety mitigation measures for the land movement involving your property. As you recall, at that time, you provided access agreements for the City of Rolling Hills to complete several of these mitigation measures. The City completed mitigation measures number 1 and 2 (2.0 SHORT TERM RECOMMENDATIONS) described in the attached letter. Mitigation measures number 3,4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on your property prior to September 15, 2005. Please let us know if you require any assistance with finding a contractor that can complete this work on your property. We look forward to your completion of this work. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 07-77.oso reu•hr.Aoc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUP /J March 22, 2005 Project No. L-599 DELTA City of Rolling Hills ts�t:cta�tTi.iati 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 11, 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. •uuwnronld)& in cwn• Resolution No. 996 -11- G12OUl' DELTA I.011P1L13 L-599 Group Della Consulianis. Inc. Poppy Trail Landslide Ciry or Rolling Hills The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale near mid -slope. The head scarp falls within the guesthouse foundation, which has been exposed and red tagged by Los Angeles County officials. Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a collector pipe for roof runoff next to the guesthouse footing and wall debris were noticed in the area of the guesthouse foundation head scarp. Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (A1V) use. Lights have been stung along the trail with extension cords and florescent light bulbs. A water hose was found along the trail with water pressure. The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and/or falling. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. 2. During the bulldozer grading the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting. UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. Drainage off of the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. Resolution No. 996 -12- L•599 Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the Iandside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work, plastic sheeting or sandbagging to not further de -stabilize the scarp, or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the Iandside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data will help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. GROUT' r I)f-1_T,\ tt•73I9i f.C4d Resolution No. 996 -13- L-599 Group Delta Consultants. Inc. 4 POPPY Trail Landslide City of Rolling Hills Closure This letter summarizes the opinion of GDC, based on the limited walkover and observation of the landside conditions and the limited review of the subject references. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 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. Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG L-599 RH Poppy Trail Landslide - Low Repon •1 GROUP r DELTA tmotrtral Resolution No. 996 -14- L-599 Group Delta Consultants. Inc. GROUP DELTA Il INN%t:/ 5 Group Delta Consultants, Inc. L-599 Poppy Trail Landslide 03242005 Puppy Trail Landslide City of Rolling Hills Resolution No. 996 -15- 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 time, date and place of the hearing, Resolution No. 996 -17- 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 madewithin 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 thirtydays 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 of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of anynuisance 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 Ivtanager shall attempt to notify the owner or possessor of the property, place, or area involved of thenuisance 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, 8.24.0S0 and: 8.24.090 shall be applicable. (Ord. 190 §1 (part), 19S1). Chanter 8.28 ABATEMENT OF NUISANCES IN ACTIVE' LANDSLIDE AREAS 8.28.010 Nuisances in active landslide areas:. 8:28.020 Abatement. 8.2S.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 bea 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 tobe a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter S.24. (Ord. 190 §1(part), 19S1). Resolution No. 996 GODFREY PERNELL. D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: City o/ Po/ling...._Jh// .c..;:i `c-Ll_t• ..qtr: 24. 14-.7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E-mail. cilyolrh@ aol corn On March 22, 2005, the City received the attached recommendations from our consulting geologist for immediate safety mitigation measures for the land movement involving your property. As you recall, at that time, you provided access agreements for the City of Rolling Hills to complete several of these mitigation measures. The City completed mitigation measures number 1 and 2 (2.0 SHORT TERM RECOMMENDATIONS) described in the attached letter. Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on your property prior to September 15, 2005. Please let us know if you require any assistance with finding a contractor that can complete this work on your property. We look forward to your completion of this work. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 07-1I-OS,heen•)Ir.Anc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering 0 Resolution No. 996 -10 GROUT) March 22, 2005 Project No. L-599 D E LTA City of Rollin H' [s a.viumat.i g Ills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 11, 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. .1 • . ,•. .. ♦www.Cirrnrl)e11r,corn* Resolution No. 996 -11- L-599 Poppy Trail Landslide 2 Group Delta Consultants. Inc. City of Rolling Hills The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale near mid -slope. The head scarp falls within the guesthouse foundation, which has been exposed and red tagged by Los Angeles County officials. Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a. collector pipe for roof runoff next to the guesthouse footing and wall debris were noticed in the area of the guesthouse foundation head scarp. Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (ATV) use. Lights have been stung along the trail with extension cords and florescent light bulbs. A water hose was found along the trail with water pressure. The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and/or falling. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. 2. During the bulldozer grading the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting, UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. Drainage off of the plastic sheeting should be diverted away from the landslide to preventwaterfrom accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. DELTA [iU:4Y�Ii Llap Resolution No. 996 -12- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work, plastic sheeting or sandbagging to not further de -stabilize the scarp, or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data will help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. GROUP r D E LT,\ /4.1:1,111%I.1: 41 Resolution No. 996 -13- L-599 Group Delta Consultants. Inc. Poppy Trail Landslide 4 City of Rolling Hills Closure This letter summarizes the opinion of GDC, based on the limited walkover and observation of the landside conditions and the limited review of the subject references. We have not as yet performed any detailed geologic ma subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 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. 'Michael D. Reader, VP, GE L-599 RH Poppy Trail Landslide - Letter Repon nl Gi:oui' DELTA Steven H. Kolthoff, PG, CEG Resolution No. 996 -14- GROUP DELTA l(.1:1 ,1% L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills <. •`:_:,t_;'•..• .,� ...,,r., -;,-; ,,:�a,,G . : I • ., ,,— r, .;:.. ' :+rte �!•' C "T ''• r • /--; '° • .a. - • : • �i % -- %.J'� '/�'/�••I. r — /,. 4,1•! ^..,•• ' : ' •v_\• Rpm' a l ' `l 1 u V _ '3 Project 5ile 4:,...,,,t, r �1 . !. t + ; /.-c yr r';; • l - (' ' 1 n- j� �= .� o �/ ' 1• " i�• yam! \ Z_ `` �9, \`r, J ` •' fit) j )\ l�1� �, . .i.•.0 r _.7,2..-- , '' Z..: art `.. • • L- )11) / h'' .\ ;. . ,:k...: -_- -,.':•.,.„. ,-. ."/. 1.,-1'---. : o\ • F F,rel :po •!+ ;-BTi-999v CyI ..; W,tR `� • „ .'•L/:f: I ''// .-, 'r:=�h J':,� M'c . 958 A •- \ • Ater- \� --• • fr •• • •j .,: :/ -,_ /�• \\•fr• • v .�._ ��i;-:r;.:.. : . \ \ ` /•_ t• 4...',''.!!'.3. • .a , C ' i ' s,',..,#. . . L'1 ''''''''.- .'N-', j SC.•�'- Sr 't;. Pnted from TOPO! 91997 14' Productions( ' topo i' `` ' — - - ddlbwer (www topo com) Project Number: Project Name: Date: 1-599 Poppy Trail Landslide 03242005 VICINITY MAP Group Delta Consultants, Inc. Figure 1 Resolution No. 996 -15- L-599 Group Delta Consultants. Inc. 6 Poppy Trail Landslide City of Rolling Hills GROUP ID E 1-T: \ .7:141 AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) Resolution No. 996 -16- 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 injuriousto 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 time, date and place of the hearing, Resolution No. 996 - -17- 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 bv.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 §l(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 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 determinesthat the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Resolution No. 996 -18- 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). Chanter 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). Resolution No. 996 -19- • City ieii Jh/f } • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember April 5, 2006 VIA CERTIFIED AND REGULAR MAIL 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 Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 Dear Mr. Sheen and Mr. Collins: Attached please find a copy of the staff report that will be presented to the Rolling Hills City Council on Monday, April 10, 2006 relating to nuisance abatement costs. Thank you for your cooperation. Sincerely, 9/4f0 Craig R. Nealis City Manager CRN:en 04-04-06siteen-1 tr. d oc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP Printed or Recycled ('apex. TO: FROM: SUBJECT: • Cry o/ {2 //i..a • 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: 8-A Mtg. Date: 04-10-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LETTER DATED MARCH 1, 2006 AND REVISED ON MARCH 22, 2006, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD. DATE: APRIL 10, 2006 BACKGROUND At the regular City Council meeting held Monday, September 26, 2005, the City Council, following a public hearing, adopted Resolution No. 996 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. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the headscarp of the landslide. 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 October 6, 2005 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than, October 10, 2005 and complete the corrective mitigation measures no later than 4:00 p.m. November 10, 2005. By November 10, 2005 the corrective measures had not commenced and had not been completed. Therefore, after issuance of the Abatement Warrant by the Superior Court, the City initiated and completed the nuisance abatement on the property. -1- Printed on Recycled Paper 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 March 1, 2006 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. A "Revised Invoice" for the nuisance abatement costs dated March 22, 2006, that was sent to the property owner of #1 Poppy Trail Road on March 22, 2006 is attached to this staff report. The change from the original invoice sent on March 1, 2006, includes a charge of $3,454.60 for required soil testing for removal of the soil in flattening the headscarp to 1:1 slope. Therefore, total costs for the nuisance abatement that is submitted to the City Council for consideration of approval are $147,928.77. 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 by anyone, including the property owner or his representatives, and consider approval of the nuisance abatement costs attached to this staff report. CRN:en 04/10/06Nui sanceAbnt.sta -2- City ofiedh.9 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember iN�.Ci:PCRATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com March 22, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Alan Sheen Craig M. Collins, Esq. 1 Poppy Trail COLLINS LAW FIRM Rolling Hills, CA 90274 The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: REVISED NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: On March 1, 2006, by the way of certified and regular mail, we sent the attached Invoice to you regarding Nuisance Abatement Costs. In that correspondence, we indicated that the City Council may approve the enclosed bill, or may make any modifications to it as may be appropriate, at their regular City Council meeting to be held on Monday, April 10, 2006, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. This letter shall serve to provide you notice that we will present the attached "Revised Invoice", dated March 22, 2006, to the City Council at the above referenced City Council meeting. This Revised Invoice includes a late bill that was submitted to the City of Rolling Hills from Group Delta relating to the Nuisance Abatement efforts. Thank you for your cooperation. Sincerely, </A Craig R. Nealis City Manager CRN:en 03-22-06.aieen-I f r. doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP • City ie0ii, _�✓F� INCORPORATED JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 REVISED INVOICE NUISANCE ABATEMENT COST March 22, 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrh@aol.com $ 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 $ 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 11 366.50 Administration Costs City Manager 1,956.20 TOTAL $ 147,928.77 ®Pnr;•arinrr R.;ryr t'"t i'.cv:r t Polling ' / INCORPOR ATED JANUARY 24, 1957 GODFREY PERNELL. D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 1, 2006 VIA CERTIFIED AND REGULAR MAIL 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: cityolrh@aol.com Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: At the regular City Council meeting held on September 26, 2005, the City Council declared a public nuisance on the property at 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 the property owner, therefore, after appropriate notification to the property owner, and after issuance of an abatement warrant by the Superior Court, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 8.24.060 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 for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 10, 2006, 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 Council, if any, in full within ten (10) days of Council approval. ® Pr. Ot•d 0" Req. g.l':d f':r ,.: Page 2 Thank you for your cooperation. Sincerely, J'/(4' Craig R. Nealis City Manager CRN:mlk 03-01-06shccrr-lt r.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP i Ciiy 0Ie0ftL9 _JUL • lNCCRPO;RATED JANIJA.RY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST February 28, 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 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail:: cityofrh@aol.com $ 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 $ 117,351.00 13,030.55 710.00 59.92 131,151.47 11,366.50 1,956.20 $ 144,474.17 310 937 1470 i 1 l' • P-012 Invoice DATE INVOICE # 12/7/2005 120 SHIP TO The City Of Rolling — - No. 2 Portuguese Hills Rolling Hills, Ca 90274 Rd. ITEM 1 DUE DATE — -- - DESCRIPTION !_612006 90008 .�e — Li molition of guest house, includin QTY RATE dapping of utilities, 9 removal. 1 Erosion Cont.Specialists 16761 Viciwpoint Lane #074 Huntingt+in Beach, Ca 92647 -_ ii BILL TO The Ci 1pf R_ . Hills No. 2 4 � olling Rolling tills, Ca 90274 uguese Bend Rd. I11 1 i Total I i P.O. NUMBER AMOUNT 38,500.00 38,500.00 'Erosion Cont ro_ p ilirlists e5 INVOICE NO GROSS AMT 120 38,500.00 Audited and approved for Payment . AUTHORIZED S� URE DISCOUNT 0.00 NUMBER 18053 Dec 12 05 NET 38,500.00 38,500 00 MO<SF030707 1. II j Erosion Control Pecialists 16761 Viei�vpoint Lane #074 Huntingtc►n Beach, Ca 92647 J� 1 BILL TO The Citypf Rolling Hills No. 2 POuguese Bend Rd. Rolling Hillis, Ca 90274 11 ITEM 90016 90017 90025 90029 310 937 1479 • P. 92 Invoice DATE INVOICE # 1 X12/2006 124 _ SHIP TO #1 Poppy Trail Rd. Rolling Hills, Ca 90274 DESCRIPTION AJttln of head -scarp to a 2:1 sloe. ' xportation of soil. p .` dditional debris removal required for prior rading and exportation. this includes: the :i rnoval of a large pine tree from the top of lope, removal of additional trees and ground over from the south edge of the slide, Ii moval of temporary plastic and sandbags at ,: ei mid -section of the slope, and additional t Tee and ground cover removal at the top of 1'itie slope near the new access road. I Please remit i above address. _ DUE DATE I P.O. NUMBER 2/11/2006 I QTY MOUNT RATE 1 23,400.00 23,400.00 1,728 15.00 25,920.00 1 5,345.00 (Total 1 800.00 55,465.00 CITY OF RO' 'O HILLS NUMBER 18120 • Erosion Control Specialists e25 INVOICE NO GROSS AMT 124 55,465.00 Audited and approved for payment : ifRE °/�i :sJ AUTHORIZED SIGy SA1fGU, RU DISCOUNT 0.00 Jan 23 06 NET 55,465.00 55,465.00 MOasF030767 \, r 310 9--7 IC • Erosion a.'ontrol Specialists 16761 Vitl point Lane #074 Huntington Beach, Ca 92647 _ BILL TO The Cit'i Of Rolling Hills No. 2 Pi rtuguese Bend Rd. Rolling ritills, Ca 90274 I�_II ITEM DESCRIPTION 90001 -----..... ...------•--.._.. - --- - nstallation of plastic sheeting and sand -bags specified per plan 90005 installation of above ground drainage devices specified in plan 90006 !installation of 18" NDS catch basin as 'pecified on plan t4-ctzA 90009 •,>ompaction and gra tci�ng work for adequate frainage above slope it Please remit '3 above address. 1470 P. 02 Invoice DATE INVOICE # 2/12/2008 - - —� 128 SI{IP TO DUE DATE P.O. NUMBER QTY RATE AMOUNT 1 19,736.00 19,736.00 1 1,200.00 1 1,850.00 1 600.00 1,200.00 1,850.00 600.00 Total 23,386.00 r:Gy-19-2005 93:30 Pr ECS 9 1479 P.03 Erosion Control Specialists Ca License Pt -851583 **It s unknown whether or not a septic tank exists and will be discovered during the wort preformed. If a septic tank is found, the removal will result in additional costs. Our - rice for performing the above mentioned work will be as follows: 1. D .rnolition and removal of guest house. It 2. FI Ittening of headscarp to a 1:1 slope ratio. 3. P1tcernent of sand -bags and Plastic 4. I It tallstion of above ground drainage Q1 Tot;11 38.500 ✓ 23,400 19,736 1,200 82,836 V Thi: work is an attempt to prevent further slope movement but, Erosion Control Spe; ialisls will not be held liable for any further movement of the slope and any corn{sponding damage or injury relating to such. It isliighly recommended that the plastic sheeting and co maintained throughout the rainy season. The measures are temporary y and ue system be p nary and must he mail itained to keep there proper integrity. Maintenance services are not included in this prole osal but can be provided throughout the rainy season upon request and based on ava:• abilih. Sinr._rely, Jus( tnL Ero: ion Control Specialists 909;1753-9637 Fax '714-849-6063 Jasr n@ecspccialists.corn Ero.lon Control Speclaii,th 16761 View. point Ln. Ste 11074 Huntington Beach. Cs (800) 376-1015 (909) 753-9437 ECSPECIALISTS.COn1 'NO", - 1 9.-2605 6b _30 Pr -t • Exhibit A 4 70 P. 02 Erosion Control Specialists Novi! ber 18, 2005 Attnl Craig NeaJis City! f Rolling Hills R2 P+trtuguese Bend Rd. Rolling Hills, Ca 90274 DeJCraie, We ropose to furnish labor and materials for the Poppy Trail project, located on poppy trail 41 in Rolling Hills, Ca. The:.e services «•ill be completed in accordance with industry standards and will comply v.itJ-all laws. Prevailing wages art in affect on this project and will be used per city reciti rcments. 1. Site mobilization 2. I,�9emolition of guest house above headscarp. This work will include: I'* a. asbestos survey and inspection. b. demolition of guest house and portion of asphalt driveway. 11 c. removal and disposal of guest house and portion of asphalt b driveway. 1* d. capping of all utilities. � I, 3. ut back headscarp to a 1:1 slope. It is estimated that a total of 3600 Ilyards of soil will be cut in this process. Costs will incur if the amo unt t�f soil cut exceeds 3600 yards. This will not include the importation or ;xportation of soil. All soil that must be imported or exported will l esult in additional costs. ✓ IL 4. ?lacement of sand -bags, according to plan. Ca License 4851583 Nus. fr7A'N[hA.En(7- S. . lacement of plastic sheeting, according to plan. 6. lacement of above -ground drainage, according to plan. This will not Include the plastic nds catch basin. l1 the event that asbestos is found, abatement will be necessary and will inc additional costs. Erosion Control Speriansta 16761 Ylc„point Ln. Ste M 074 Hunan loon Beech, Ca (800) 3;6-1015 (909) 753-%37 ECSPECI.ALISTS.COtit GROUP DELTA Certified MBE City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn.: Project Craig Nealis L599 Bl Poppy Trail 41 Landlside Winterization INVOICE Invoice #: 06-0221-D January 13, 2006 Summary Invoice for Professional Services for the period, October 1, 2005 through January 27, 2006 Professional Services Michael Reader Project Manager Steve Kolthoff Geotech Engineer Todd Armstrong Project Engineer Kendall Chun Technician Other Direct Expenses Vehicle - Hourly Vehicle - Mileage Sample pick-up & delivery Bolton Engineering Hours Rate 13.00 $ 185.00 45.00 $ 130.00 110.00 85.00 Total Professional Services - s - $ $ 4,107.00 Units Rate $ 5.00 105.00 $ 0.50 $ 55.00 115.00% Total Reimbursable Expenses Total $ $ 2,405.00 5,850.00 $ 8,255.00 Amount S S 5 $ 52.50 4,723.05 4,775.55 INVOICE AMOUNT $ 13,030.55 We appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, CROUP DELTA CONSULTANTS, Inc. even H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 Note: This invoice summarizes the Winterization Task that Group Delta Consultants, Inc. performed from October, 2005 through January, 2006. The task included Bolton Engineering for surveying and layout of slope drainage desing and plastic cover, observining the emptying of the septic tanks and pits, observing demolition of the guest house, backcutting of the vertical slope below the guest house and observing the covering of the landslide withplastic sheeting 2291 11'?US". Street, Suite 1115 ♦ vii::: I:ci•. California 9051)I-1159 ♦ (3111) 320.51110 nuke ♦ (3111) 320-211R(lr 1ivo.(..ail,•:rr., A 0.49) 070i-11120 Gan Diego. California ♦ I$5H 524-15(A) . w w w.c.roul+Dalla cum tfltilied SI6t City of Rolling Hilts 2 Portuguese Bend Road - Rolling Hills, CA 90274 r tt ,—. .. . . � }fl! Lam/ V MAR 2 2 2006 CITY OF ROLLING HILLS By INVOICE Invoice T: 2902 March 10, 2006 Attn.: Craig Nealis Project: L599 B1 Nuisance Abatement for Poppy Trail Landslide Professional Servicespr the period, January 1 through February 24, 2006 Professio,ral Services Michael Reader Project.Managcr Steve Kolthoff Geotech Engineer Todd Armstrong Project Engineer Kendall Chun Technician Other Direct Expenses Vehicle - Hourly Vehicle- Mileage Sample pick-up & delivery 4civanced Technology Laboratories Bolton Engineering Hours Rate Total $ 185.00 $ $ 130.00 $ $ 110.00 $ $ 85.00 $ Total Professional Services $ Units Rate Amount $ 5.00 $ $ 0.50 $ $ 55.00 $ S 1,594.00 115.00% $ 1,833.10 $ 1,410.00 115.00% $ 1,621.50 Total Reimbursable Expenses $ 3,454.60 INVOICE AMOUNT $ 3,454.60 VVe appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. Michael D. Reader, G.E. Vice President Contract Budget Amount Previously Invoiced Amount Current Invoice Amount Remaining Contract Amount $ 9,050.00 $ 20,413.05 $ 3,454.60 $ (14,817.65) Please Remit Payments To: Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 ilt,t fey rem Advanced Technology Laboratories INVOICE SOLD TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 • ATIN: Steven Kolthof PROJECT: L-599 .P • INVOICE NUMBER: 0080340 -Er INVOICE DATE: 12/31/2005 ORDER NUMBER 0080857 ORDER DATE: 12/21/2005 CUSTOMER NO: GRODE01 SHIP TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 SHIP DATE: 12/30/2005 CUSTOMER P.O. F.O.B. TERMS �! y Net 60 Days ITEM NO. ITEM DESCRIPTION UNIT SHIPPED PRICE AhtOUTT 8082 8260 8270/625 601 OCCR 7471 ' 8015HC ASBESTOS 5035 PCBs Volatile Organic Compounds Semi -Volatile Organics Title 22 Metals Mercury by Cold Vapor TPH (Ext:ac)C5to>C32 Brialown Bulk Asbestos ID by PLM 40m1 Voa tared & prep EA 3.00 EA 4.00 EA 3.00 EA 3.00 EA 3.00 EA 3.00 EA 3.00 EA 12.00 60.00 85.00 165.00 90.00 0.00 75.00 20.00 2.00 Net Invoice: Less Discount 180.00 340.00 495.00 270.00 .0.00 225.00 60.00 24.00 l_594.0U 0.00 Invoice Total: 1,594.00 For your convenience, we now accept Visa and Master Card To use this new service, please complete, sign, and return this invoice to .4 TL MC 0 VISA 0 Card No. - Invoke No.: Printed Name• Exp. Dale: Amount: Signature: TERMS: Net 30. Discounts & special pricing are applicable only if paid within 60 days, otherwise pay list price. RF.1►IlT TO: P.O. Box 92797 Long 13each, CA 90809-2797 Tel: 562 989-4045 Fax: 562 989-6348 Sul. bilver Spur toad - 5ulte `11 Rolling Hills Estates, C 90 . tel: (310) 544-6010 fax: (310) 544-0458 1L�•�.! ��ii.._ FEB BILL TO Group Delta Consultants 2291 W. 205th Street Suite 1 Torrance, CA 90501 DATE , INVOICE NO. 1/3112005 5208 • TERMS PROJECT Due on recpt 5019 DESCRIPTION QTY RATE AMOUNT Oversee Lay Back and Erosion Control Work at # 1 Poppytrail. Reg Chief Engineer Registered Civil Engineer P,�proval _ PJ# Data Acct t 9 2 130.00 120.00 1,170.00 240.00 Thank you for your business. Total $1,410.00 • Peninsula SepL_, i 1840 S. Gaffey St. #53 San Pedro, CA 90731 (31 0) 832-4800 Fax (310) 832-3636 BILL TO City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 P.O. NO. DEC 272005 CITY OF ROLLING HILLS By TERMS Net 10 JOB ADDRESS DATE 12/21/2005 Guesthouse 1 Poppy Trail Rolling Hills, CA 90274 Invoice INVOICE # 10236 PROJECT COUPON 7# DESCRIPTION Pump Septic Tank - Guesthouse L.A. County Sanitation District Disposal Fee Locate & Excavate Septic Tank & Seepage Pit (9/12/05) Thank you for your business. Contractors State License Number 800772 1 °► Total AMOUNT 190.00 70.00 450.00 $710.00 S&wcce, ' 9«c; 1840 So. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 FAX (310) 832-3636 Systems Located & Inspected Vacuum Pump Services Major Credit Cards Accepted Contractors State License No. 800772 Date Name = _;:- "k�. Job Location 1 7. r•••" i" { i '• City _ " ; '' ' ; Lc. State Phone No. 20 L._~ t INVOICE # P.O. # DISPOSAL # Escrow # Bill To J • __ • • Address /4 •- i : r Zip__• . City j t :. ;! •• Phone No. �, :. - Customer or agent initials authorize Peninsula Pump & Septic Service to enterproperty p 1. All invoices due net 10 days unless previous arrangements have been made. 2. This contract is subject to the approval tO perform service as agreed of the health department or agency controlling this area. Extra Hose Charge, Each 25' Section over 50' L.A. County Sanitation District Disposal Fee Additional Pump / Vacuum Time Locate & Excavate Septic Tank / Seepage. Pit • • Install 4" Riser Access Cesspool / Seepage Pit Install Manhole Access to Septic Tank Customer: B Peic4& la S`Atzc Service, %ac. State Zip c; -• CIiY ')LLINrHILLS • NUMBER Peninsula Septic Svc. INVOICE NO p43 GROSS AMT DISCOUNT 10236 710.00 Audited and approved for payment 114 AUTHORIZED " G ATURE §5n,-EGUARD ., ._.. . G 0.00 18095 Jan 9 06 NET 710.00 710.00 MOa$FObJ67 0 10 START DATE 09/17 Daily Breeze r�..Y®P l (11) REFERENCE* 02) DESCRIPTION -OTHER COMMENTS EXPIRATIONDAT: (73) li4) OTHER CHARGES OR CREDITS runt ierp J'ENI:\S ',.4 i1•f.11S 583378 PV#7908 • • 1��!•� LEGAL ADVEF.TIS PV r_4_ ` 2x3.25I 'c"1-05--31 PUB HEAR 9/26/05 6.52 MARILYN KERN ./ more SAN PEDRO 59.9 1 V4. C0 59.921 Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 90275 Proof of Publication (?015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I an a citizen of the United States, and a resident of the county aforesaid: I am over the ale of ei hteen years: and I am not a party to or interested in the notice published. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, Slate of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the followin`, dates, to -wit: September 17 All in the year 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 17th day of September 2005 Signature lyr),4[21Vii 1 v SEP232GG5 ay CITY OF ROLLING HILLS PVPN #7903 • ews o. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Connal,Cha ember `6C 2005 at 7:30 p.m., in the City Road, Rolling Hills, Californiado co sider the followiing d CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH)• OWNER: ALAN SHEEN • Any person is welcome to review the file, prior fo the public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Administration Offices at, or prior to, the public hearing. CRAIG R. NEALIS, CITY CLERK Published in the Palos Verdes Peninsula, News on eotemb r 17 005. Lt_t- • Manhattan Towers 1230 Rosecrans Aver410Suite 110 Manhattan Beach, CA _1266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12808 ✓ Professional Services 10/5/2005 JCC Review resolution and minutes regardingPo Tra 10/17/2005 JCC Review minutes and resolution declaring 1 Poppy pp T alandslide nuisance an(Sheed) ordering abatement; work on abatement warrant application d 10/19/2005 JCC Work on abatement warrant application JCC Research regarding City's ability to abate warrant 10/20/2005 JCC Research regarding Conner v. City of Santa Ana JCC Draft abatement warrant application 10/21/2005 JCC Work on abatement warrant 10/25/2005 MJ Conference with Mr. Cotti regarding date for court appearance JCC Research regarding City's authority to demolish guesthouse JCC Draft abatement warrant; finalize application for abatement warrant 10/26/2005 JCC Revise abatement warrant and proposed order MJ Review and comment on application for abatement warrant and warrant 10/27/2005 JCC Revise application for abatement warrant MJ Telephone conference with Mr. Nealis regarding on nuisance abatement; conference with Mr. Cotti regarding same support of 10/28/2005 JCC Draft declaration of Mr. Nealis in preparation for hearing warrant application for abatement MJ Review complaint filed by Sheen and conference with Mr. Cotti regarding implications for City's acquisition of abatement warrant; telephone call to Ms. Schwartz regarding same g g 10/31/2005 JCC Review and revise Declaration of Craig Nealis JCC Review complaint filed by property owner MJ Review and revise Nealis declaration MJ Telephone conference with Mr. Nealis regarding complaint and regarding abatement warrant g allegations in Sheen For professional services rendered Hours Amount 0.70 2.00 2.50 1.20 1.30 2.70 2.30 0.10 1.40 2.80 1.20 0.40 0.70 0.20 3.50 0.30 0.60 0.70 0.20 0.40 25.20 $4,962.00 • nogin, LLP Manhattan Towers 1230 Rosecrans Avenue, SO110 Manhattan Beach, CA 90266 Invoice submitted lo: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 /nvoice Dale November 30, 2005 In Reference To:Nuisance abatement action against owner of # 1 Po Invoice #12865 ppylrail Professional Services Last Bill Date 10/31/2005 11/1/2005 JCC Format pleadings for filing; telephone conference with Hours Amount regarding hearing JCC p hearing Mr. Nealis Prepare for on abatement warrant 1.30 MJ Conference with Mr. Nealis and Mr. 11/2/2005 MJ appearance Cotti regarding abatement warrant 1.30 Telephone call to Mr. Nealis regarding JPIA coverage; 0.10 Mr. Cotti regarding main points for argument JCC Attend hearing to secure abatement warrant g conference with MJ seeking abatement warrant 0.30 Conference with Mr. Cotti regarding court appearance warrant and next steps; telephone call from Mr. Nealis regarding same 2.00 MJ for abatement 11/3/2005 MJ Prepare opposition to application 0.20 Letter to Mr. Collins regarding abatem abatement warrant; conference or temporary restraining order Cotti regarding same 2.00 JCC Research regarding Code of Civil Procedure section 526; revise Mr. 0.10 opposition to TRO MJ Telephone call to Mr. Nealis regarding e nuisance abatement work on 1 Po 13 0 timing of commencement of regarding same, regarding ppylrail; conference with Mr. 0.30 JCC Revise letter to andr. regaCollins ding l tter to Mr. Collins and draft opposition Cotti 11/4/2005 MJ Jenkins regarding same regarding abatement warrant; mee h Revise letter to Mr. Collins 0.20 MJ Review and revise opposition 11/7/2005 MJ Research and vevise to temporar y restraining order 0.10 photographs opposition; telephone call to Ms. Kern re 11/8/2005 MJ regarding 0.40 Exchange emails with Mr. Richards regarding 0.20 11 /9/2005 ►� J letter from Collins office; telephone call from same regarding abasement warrant; review Telephone call from Ms. Libertino regarding hearing r 0.20 telephone call to Mr. Nealis regarding TRO hearing r. Richards regarding g 9 same; telephone t call to MJ 9 same 0.40 Review letter from Mr. Richards evaluating Sheen complaint; email to Mr. 0.20 Richards regarding same and transmitting draft opposition to TRO Craig Nealis, City Manager Page 2 11/9/2005 MJ Letter from Ms. Libertino ivin Ms. regardin g 9 exparie notice; telephone call to M 11/10/2005 MJ Exchange 9 same 0.10 emails with Mr. Richards regarding TRO hearing; with Mr. Cotti regarding same 9 g JCC Review and revise opposition conference 0.10 11/14/2005 MJ Conference with Mr. Cotti regarding RO from Mr. Girardo of Kutak, Rock rearding TRO hearing 1.80 11/15/2005 MJ Conference with Mr. Cotti regarding court appearance hange of P papers; telephone call 11/16/2005 JCC 0.40 Prepare for and attend hearing fotemp order on application for temporary 0.10 MJ Prepare for and attend court appearance �' restraining 2 70 restraining order; telephone call to Mr. Nealis on rregarding ootion for utcome temporary MJ Exchange emails with Ms. Schwartz regarding bank inquiry regarding 2.40 Poppytrail 9 outcome MJ Review and revise declaration for tomorrow's court appearance 9 9 m1 0.10 MJ Letter from Mr. Collins JCC Draft Declaration of Michael Jenkins in o 0.10 temporary restraining order opposition to second exparte for 0.10 11/17/2005 MJ Court appearance 2.30 abasement warrant and TRO; telephoneon second exparte calltoMr. ioner seeking eal s r rescission of outcome ales regarding 1.70 JCC Prepare for and attend hearing on temporary MJ Exchange emails with Ms. Kern regarding inquirieseS about order1 Po 11/21/2005 MJ from bank 2.00 Letter from Mr. Collins regarding his intention to seek writ in court p ftrail 0.10 appeal and request for schedule of work; telephone call to Mr. Collins regarding same 0.10 MJ Review letter from Mr. Richards regarding status 11/22/2005 JCC Telephone conference with Mr. Richards defenses and potential meeting with plaintiff's la ni regardings unnselsv'er, affirmative 0.10 MJ Exchange emails with Mr. Cotti regarding 0.30 request from Collins for meetin 9 conversation with Richards and Mr. Reader 9: email to Mr. Nealis; telephone call from 0.30 11/23/2005 MJ Telephone conference with Mr. Richards regarding re on complaint s P se to Sheen MJ Telephone call from Mr. Girardo regarding request from Collins for 0.30 meeting; review letter to Mr. Collins regarding same; telephone call to Mr. Croftregarding all of the above; email to Mr. Nealis regarding 0.90 above; telephone call from Ms. Schwartz rtz regarding same gall of the 11/28/2005 MJ Review draft answer to complaint and cross -complaint against Association Review cross -complaint filed by Mr. Richards MJ Emailfrom Mr. Reader regarding 0.10 11/29/2005 MJ Telephone call from Mr. Nealis regarding abatement issue ment issues 0.10 from bank; review letter from Mr. Collins; email from Mr. Colts regarding 0.10 and inquiry posting 0.20 MJ Review notice of a warrant appeal from Mr. Collins and letter regarding abatement 11/30/2005 ERA Research procedure for a 0.10 ppeal warrant ERA Research stay of execution of nspect on f insp !waionr ant pending appeal JCC Telephone conference with Mr. Gerardo regarding commencement 1.70 work pursuant to abatement warrant; writ of supersedeas 1.30 JCC Review letter from Mr. Collins regarding time limit to commence work; 0.30 stay pending appeal; research regarding same k, 1.20 Hours Amount Craig Nealis, City Manager Page 3 11 /30/2005 MJ Numerous calls with Mr. Nealis; conference with Mr. Cotti and telephone Hours Amount call from Mr. Collins regarding status of abatement and court proceedings 0.60 For professional services rendered Additional Charges 11/15/2005 Delivery Cost Total costs Total amount of this bill Previous balance $6,692.00 11/15/2005 Payment - thank you $4,962.00 Total payments and adjustments ($4,962.00) ($4,962.00) 32.40 $6,636.00 56.00 $56.00 Balance due $6,692.00 . ..cccni115 oc riogin, LLP • Manhattan Towers 1230 Rosecrans Ave Suite , , 0 Manhattan Beach, CA 0266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date December 31, 2005 Invoice Number 12967 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12967 Professional Services Previous balance 12/12/2005 Payment - thank you $6,692.00 Total payments and adjustments ($6,692.00) Balance due 1 0 ?,:_T• ,., , . Last Bill Date 12/1/2005 MJ Review correspondence and pleadings regarding appeal Hours wr Amount of appeal; telephone conference with Mr. Nealis (several)regarding court 0.70 same; determine that court of appeal 12/5/2005 MJ Telephone call from Mr. Croft regarding Sheen meeting 12/6/2005 MJ Telephone call from Mr. Croft regarding meeting to discuss 0.10 cross -complaint 0.10 12/7/2005 MJ Telephone call from Mr. Nealis regarding #1 Poppytrail MJ Attend meeting with representatives of JPIA and RHCA regarding fawsuii 3.00 0.10 12/11/2005 MJ Telephone call from Mr. Richards regarding status of contact with Mr. Collins regarding inspection 0.10 12/13/2005 MJ Review letter from Mr. Richards to Mr. Collins re ardin telephone call from Mr. Nealis regarding same g 9 inspection; 0.10 12/14/2005 MJ Review RHCA answer and cross -complaint 12/16/2005 MJ Review letter from Mr. Girardo to Mr. Collins, pleading from Mr. Collins 0.10 and letter from Mr. Hyde regarding cross -complaint 0.10 12/20/2005 MJ Telephone call from Collins office regarding mediation in court of appeal; arding same 12/21/2005 MJ Exchange emails email to Mr. with s Mgr Richards regarding 0.10 mediation For professional services rendered 0.10 4.60 $1,035.00 0 ( _' 3 ;: ;; $1,035.00 X32 J Jenrcrns Hogin, LLP Manhattan Towers ,1230 Rosecrans Avenue, 1 Manhattan Beach, CA 90266 • Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date January 31, 2006 Invoice Number J Last Bill Date 13041 12/31/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #13041 Professional Services 1/7/2006 JCC Conference with Mr. Jenkins regarding duration of abatement warrant and necessity for an extension; telephone conference with Mr. Gerardo regarding same 1/9/2006 MJ Conference with Mr. Cotti regarding warrant issue; review letter from Mr. Girardo to Mr. Collins 1/10/2006 MJ Review letter from Mr. Hyde regarding document review 1/13/2006 MJ Review discovery and Sheen answers to cross -complaints 1/17/2006 MJ Review notice of OSC from court; research and conference with Mr. Cotti and Mr. Richards regarding same 1/18/2006 JCC Telephone conference with court clerk regarding OSC hearing 1/19/2006 JCC Prepare for and attend OSC hearing MJ Conference with Mr. Cotti regarding court appearance on OSC 1/25/2006 MJ Conference with Mr. Cotti regarding status of prosecution of cross -complaint 1/30/2006 MJ Review order from court of appeal regarding mootness For professional services rendered Previous balance 1/24/2006 Payment - thank you Total payments and adjustments Balance due Hours Amount 0.40 0.10 0.10 0.10 0.20 0.10 2.60 0.10 0.10 0.10 3.90 $ 784.50 $1,035.00 ($1,035.00) ($1,035.00) $ 784.50 September 28, 2005 S a 0/ 1. PP,,g JJ, �P, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 n10)377-1521 FAX: (310) 377-7288 E-mail: cilyolrh@aol.com VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT PROPERTY Mr. Ying Ching Sheen 1 Poppy Trail Mr. Alan Sheen Mr. James Sheen Rolling Hills, CA 90274 I Poppy Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: At the regular City Council meeting entitled:Monday, September 26, 2005, the City Council adopted the enclosed Resolution RESOLUTION NO. 996: 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. EING ING This Resolution was adopted following a public hearing to consider the declaration of a nuisance and ordering abatement of said nuisance ursuant Code Section 8.24.050. Your a ttorney, Mr. Craig p to Rolling Hills Municipal hearing representing you, This Resolution requireslspecific action, was in to be taken by you public the owner of 1 Poppy Trail. on to be b r y}ou as Specifically, under Section 6, you are ordered to provide a plan implementation of all nuisance abatement mitigation measures within adoption of this Resolution, no later than October 6 and schedule for implementation of the plan and performance of theycorrectived commencen (10) days of or before, but no later than October 10, 2005. Further, urther mitigation measures on implementation of the corrective mitigation measures described in E the enclosed Resolution, and again listed below, wit , 'you are required to complete 4:00 p.m., November 10, 2005. hjn 30 days ihereafterhnoltlaterf than Corrective mitigation measures include: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheetin . 5. Install temporary drainage devices to divert storm�v g area from locations above the headscarp of the landslide. from entering landslide andslide. Page -2 If you do not take any action within 30 days of adoption of Resolution No. 996by October 26,2005, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling llills tlunicipalCode. 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, 9/4 Craig R. Nealis City Manager CRN:mlk 9.39-r)j>h, i nJrr.,h cc: City Council City Attorney Rolling Hills Community Association Sid Croft, RHCA Craig Collins, Attorney at Law (Via Certified and Fax) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Ross Bolton, Bolton Engineering RESOLUTION NW6 hESOLUTION OF T RESOL TI THE THE CITY COUNCIL OF THE TRAIL TOG A CONDITION OF THE PROPERTY LOTY A ED PUBLIC NUISANCE OPERTI' LOCATED AT ROLLING iIILLS TRERE T AND ORDERING 1 POPPY C� THE ABATEMENT DECLARE AND ORDER AS PO LLOIVTHE CITY OF ROLLING I!ILLS DOES I-IEFE[31• FIND �eclinn �, Pursuant to Section Manager notified Mr. S.24.030 of the Rollin Hills commonly known Alan Sheen, owner of that Rolling Hips t\ t al that %.• as 1 P, certain roil p' Code, the City would aggravate Poppy Trail (Lot 90 -I3 -RI -1 , Property ini fheCity ofRoerly thalin y aggravate and accelerate a t to abate conditions g rene%.•ed tension cracks to , n existin • on leis property removing all debris from the site, flatten;t,t�ater infiltration, demolishde. The selected gral with UV demolishing slope, e measures the include resistant g the headsrarP 1:1 rn the guesthouse and a ffec t d area with om resistant plastic sheetin • to a b and installing covering the entire divert sto The notice entering ght he landslide dsl duarea from temporary otherwise locations hi 15 abovea drainage devices e e the City es be taken %.•ithin 15 days the headscarp of the the CityCnoy Council Chambers heCiiy Council %you'd hold a public hearin • Cent of the nuisanco. CityOn Hall to hear an bon September 26,e have of the property at thesiteapprising ptember 2, Y prot ests the owner g X00, n the 2005 the Cit • er might hay exist on the property the properly owners of the unsafeposted notice of s and unsightly ubslandard conditions that Section • No action to abate the Consequently, on September t 2aba the enuisance has been taken b ConseManaquently, u the ro City Council held a by propertyowner. regarding property owner and any other interested public hearing submit allow b g the condition of the property located at 1 Po the City attend the public hearing• re parties to testify an participated in the hearing. The Poppy Trail. The Y and s"omit evidence property owner's attorney, propertyowner didnot Craig Collins was present and Section i tlae time o�►te hearing, Based upon staff reports, related documents g, the Coun findingsn the fact:dence City cal makes the following of presented at landslide the a. The property located at 1 City of Rolling Hills. The located eel is Poppy Trail is located ramie in pool, water of feature, single fa in , Inspections of the staple, tennis Y improved illegal %Pith a r final an attire property demonstrate t lCourt and nonconforming family presently s of the d. e single family residence and g guesthouse. guesthouse are Followingb. the a onthe b). the City, with the properly activation of the land properly it better understand ductide in early borings2005,in a interested parties to better e their andons. i copy � conductedin geologiste it land the structure of the landslide in and the owner of 1 Po other tests FFSerail. of the order to onable all geologist's report t.•asprot•idedlo below and c. • Current' • rests at the lop of the active e Ilhe foundation undat on of the damaged restse landslide, and it continues to suffer damage e nr i wan s red -lagged guesthouse's guesthouse is exposed from ?OUP and ine its currented-la ge condition, u, st cannot be used; es concrete foundation was aged as unsafe to occupy b as the blight. PY b}' the Count • ground mores. The S Due to its ntico in a landslide, is of Los Angelesd un esvisual rain will likely fall into the canyon. lide, its further it unsightly andaad March i, Hence, condition will only worsen, taus rain will properties, fall m en, with additional ents, P public utilities, the guesthouse represents dditional roads and tails. a danger to residents, directly involved in d. The landslide. driveway on the property directly nvoly The exposed on the drainage has major cracks and unmodified heads , draina pipes are open portions car will drainage devices, exposed headscar and exposed and to adversely impact the illpermit the intrusion of water into the p of the land roads and trails. stability of 1 Po elandslid , slide and ppytrail as well as that e that will of surrounding continue b properties, the attached e. All of the foregoing together ors safety. correspondence (Exhibit A) represent a separately, a public nuisance ands furthera attodescribed ce a theca t tp in Section On the basis of the fore • public the City Council find going, and of the evidence contained in the record, Resolution u t i nn No. 996 property at 1 -1- PoppI'�)1'p)'trail,the diti��n of the ursthuus', irrigation and ,n , guesthouse, the open crevice: d- ors, and the eNpo ed �pcs and facilities separately, and Culled nuisance within the citing of Sections 6.21.010 and $.2ti 1 constitute a lic constitutei nee a condition thataii is i Sections to the public 8 .010 of the Municipal } u and health, safety and welfare. The City Council further finds that by allowing the above described conditions to remain unabated through the 006 winter rainy season, siormwaler will further infiltrate the landslide and will further destabilize the property and the guesthouse, creating a danger to persons and property in the area. Section 6• In accordance with the foregoing, and becaus owners to maintain their properties free of nuisances, t it is the duty of property owner prepare and submit a written plan to the City within ten (10) 10 days of the ado},lionnf City orders that the properly this Resolution providing for implementation of the corrective winterization measures described in Section I of this Resolution and further described in the attached correspondence (Exhibit A); further, that the property owner commence implementation of the plan and 10, � performance of the corrective measures on or before October ,005; and, that the corrective measures he completed by the property owner on -or before November 10, 2005. In the event that the property owner fails to submit a plan and/or fails to commence performance of the corrective measures by the above -described deadlines, than the Cityexpense may, on after OCtohrr 26, 2005 perform the corrective measures at the property owner'ex Section 8.24.060 of the Municipal Code. s P e as authorized in Section 7. In the nuisance is not abated as specified directed to cause the nuisance to he abated by herein, then the City Manager is property owner in writing by certified mail and llregulare �mail of the costand also is of removal to iff 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 °f of the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the b the nuisance is not paid to the County Recorder, a statement of the total balance due to the City, which shall constitute a lirn 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 I Poppy Trail. Section 9. This resolution shall take effect immediately on September 26, 2001. PASSED, APPROVED AND ADOPTED THIS 26'h DAY OF SEPTF ER, 2005 Godfrey Pe e Mayor ATTEST: Crzfr; R. Nealis City Clerk Resolution No. 996 il STATE CAL. .NIA .) COUN> F LOS ANGELES CITYO hOLLING HILLS ) SS The foregoing Resolution No. 996 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING DECLARING THE CONDITION THETRAIL TO BE A PUBLIC NUISANCE ANDO1'ERTI' LOCATEDAT1 POPPY REOF ORDERING THE ABATEMENT was approved and adopted at a regular meeting of the City Council on Se the following roll call vote: 26,2005, by AYES: Councilmemhers Black, Hein:heimer, Bill, Ma remelt. Mayor Pro Tern Lay and Mayor NOES: None. ABSENT: None. ABSTAIN: None. Resolution No. 996 -3- Craig R. N City Clerk September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Po, Trail Mr. Alan Sheen FPY 1 Poppy Trail Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: NO 2 P6ratuGUCSC rC O C.:p nett iuG rafts. C•Ur.`,::a u,ota,r.ry;t rai mei a :-::tt 6maa ta,o'.h acttt, Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 2005, we sent you the enclosed correspondence mitigation measures for ondencc informing that correspondence, e, your Property recommended by b you ologisty F we retluested that you implement these measures res geologist. In 15, 2005. To Our knowledge, these measures have not been nor ed s by S performed � September We enclose updated safety P s of this date. F mitigation recommendations from our consulting geologist that are necessary to be implemented on your property to help protect a measures are outlined in the attached letter dated S pthlen September 1, e rainy 2005n Thos Th mitigationese 5. Pursuant to Rolling Hills Alunicipal Code Section S.24.020 (-Duty Possessor of Property") ( ) of Owner or place or area within he boundaries of the erson yCio itiysh. ll,wns or rats rhis orn sherlownlan maintain theproperty, Y property, place or area free from any expense, Code Section 8.28.010 defines any condition onproperty nuisance." has or Rollin enlarge or accelerate an active landslide to be a ubcn isan e subject g Hills lolabatemeMunicipal pursuant to Chapter S.24. 1\'e have enclosed aggravate, your review. copy of both Chapters S.24 and Sent S for Pursuant to Section 5.24.050, you are hereby directed to implement measures in order to abate conditions on yourproperty that will potentially aggravate and accelerate the existing landslide: F ernent the following 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten hcadscarp to 1:1 slope. a. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert storm water from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. notifiedthat if you do not implement the nuisance abatement actions b 2005, a nuisance abatement hearing will be conducted before the City You are hereby rcgularmeeting on Alonday, September by September 15, r ills City 26, 2005 beginning at Y Council at its Council Chambers, 2 Portuguese Bend Road. g Thearing in the Pollingr you willbe given an opportunity' to present evidence to thelCityCo conditions on your property and regarding this abatement order goes lanyard, City regarding the Resolution No. 996 Pa, • WeWe have (onward pare forwarded his rod, this correspondence to all of the I:not..n addresses Ihat he will property. rd this I 1 �rIY- 11 c trust that by Pro�•idin • cs we have CollinsCol in addresses listed above. otter to you in the providing event certhat i letter to Craig o c We have �lr. Calso posted Ihislett calth�trtisnotr Should letter i received at the you .vi�h lodiscu5s this further, � property. please do not hesitate to call. Sincerely,' 5-7"/(61 Craig R. Nralis City Manager CRN:mlk 03.29.05.1. ,,,,,• J•Ne cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney a Mike Reader, Croup t Law (certified)lta Roy Itani, District Della Consultants Rafael Bernal, Senior Engineer Shah Senior Building Official Curran, Drainage/Grading Engineer Resolution No. 996 -5- D E I_TA GROUP 1 September 1. 2005 Project No. L-599 DI City of Rolling Hilts 2 Portuguese Bend Road Rolling Hills. California 9027-1 Attn: Subject: to.r. Nea!is: Craig f{ealis. City Manger Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California As requested, GROUP DELTA CONSULTANTS. INC this letter to provide pre -construction and winte(GDC) rrii atio�s recommendations related lo the construction of the ATV pleased to present Trail Landslide and the lower access road, road across the Poppy for construction Currently, GDC is in the process of installing inclinometers in the l observed the following: andslide and On September 1. 2005, during while installing inclinometers on the midsection the Poppy Trail Landslide, it was observed that the landslide was evidence by. ection of evdence .h theree were e e t of the lraverse andslide. that paralleled sill moan the toe ea the landslide observed along the north lateral scarp Diagonal tension/shear Canyon Trail where the trail crosses thelateralscaacross rrp cf he e landslide. of so.t cracks were evidence that surface water has ran off the top George FF eIvidence mass. This water nhas sra to be prevented of the landslide head scarp on t e from flowin nt scarp onto the where it can enter the new tension cracks. which can accelerate them r landslide. 9 onto the landslide movement of the •yvy rrni• � '• . n� �3 cn Resolution No. 996 G ..... n. ht C.•o.ch_nta. ..c. I 1)171.TA Ti%tiroo PRE•CONSTRUCT)Oty AND WINTERIZATION RECOMMENDATIONS Recognizing ttie emergencyRecognizing aspect ofpre-construction of the Poppy Trail Landslide. t is of the ro be taken during the construction of the ATV proposed r recommended °ad`z}s and the tempos that several steps 1. A small bulldozer temporary access rods. should be used to to seal the developeduith time prevent water infiltration, me. the cracks me they could At this ti crack that the cracks and grow larger_ This can be arse the cracks are track rolling thieved by small but Ibe landslide should g the soil to a tight pushing loose soil be compacted with g ter to compaction. a 9 soil into materials, a bulldozer to The toe of the seal any fractures and 2. The guesthouse and landslide head persons traveling on the AN scar guesthouse and temporary p Pose an emanate danger to guesthouse above the head demolished. The d hourdfor demolition debris a the removed, the land scarp but taken hould not bes reduce rock la slide head scarp offsite.ofattt Aber the and debris fall hazards be flattened to guesthouse is should be s from 1 horizontal to 1 to Sh fall from placed on the uphill side of theATV e scarp_ A temporary debris fence y m above road to retaining tar head scarp. The f catch any debris that large boulders or debris. voce may not be 3. Before the rainy suitable for the scarp season, W resistant the headde p to the AN road and t sheeting road do over prevent water from from the ,{TV be placed over landslide to prevent the entering over the toe a the e abandonment 9 the landslide mass and u completely I onment of the ATV the eventuallyu be and pletely covered sit road, the landslide to prevent from the h the plastic extending ndslide should plastic n e laidback head 9 over the edges from accumulating should be diverted away scarp to the to 9es of eeting fro the landslide Drainage off the access road on the landslide mass and below Poppy Trail, to protect prevent water the temporary 4. Temporary, measures should be installed to makeshift a ditches basin nd drainage areas above head water collected agon the metal hi PVC made of sand bags in a shallow scarp. Sand bags. C pipe or an 'industrial pit be gs• a purpose. The sock alai a suers drainage devices should drain" be gated slope from the landsid C0^�' used for this sloe away a mass, oy collected water dux toe of the landslidcurrent act Care should be taken n the ass road and not 10 to aflo•.v the water the star to enter the 5. ompl Amore c ete inspection landslide ompl the should be made of the guesthouse and tennis court ar areas above the landslide vas• /`teasureS should Resolution No. 996 -7- I••?i:' rr:•I tn�,�, I,Jr C;ly nr FI H nr lidlr • UFI-TA 1.-.'99 r. G .,r C _n,a. Lq. 3 r,•rrr be taken to prevent an runoff c" s re„n;nr tt.n, e properties above the landslide- This includes runoff from the roofs. into drain i paved or unpaved ditches since the outlets are unknown this t me onto include use inlets and into of sandbags, installation n at time. This sheeting, temporary re-grading, of temporary p;pes, ande even redirectingpora (which could require removal plastic diverted away the roof gutter down systems dims z.� d from the landslide mass, spouts into pipe systems and Ps part of the pre -construction phase of this grading. inclinometers to monitor landslide movement during grading- This data will help determine the stability of the landslide, GDC is installing 3 Closure This letter summarizes the This on and opinion of GDC, based on the limited walkover. geological mapping of the landslide, observation d ide conditions and the limited review of the subject references. of the landside This evaluation was performed standards using that degree of carre and accordance�llordinaril e generally circumstances by reputable s accepted local geotechnical consultantspracticing this or similar localities. No other warranty, expressed or implied, is made as to the advice included in this report. in or similar professional The conclusions for this project are, to a high degree dependent u control from the contractor, Consequently. contingent on the o upon proper a opportunity Y the recommendations contractors are made including slur grouting �' of GDC to observe the contractors slurry, or any excavating. If panics other than a encased to provide such senices, they must be notified that they K' complete responsibility for the GDC are en°aged rll be required the project to assume the conclusions in this report oroprovide aalternate f recommendtions es deemed appropriate. by concurring ui;h Resolution No. 996 -3- 099 I„ Urh= C,, It.,n It_ Inc. • C:140UP r n F f Resolution No. 996 a PoppyLad 1.3nJ,I,Jc If you have any questions. Cu of RuIG„� Ku, e or if we ) can be of fur,lter service. please do not hesitalz to Group Consultants, Inc. at 310-320-5100. leas Respectfully Submitted, GROUP DELTA CONSULTANTS. INC SK for Alike RcaJcr ,Vichlcl 0. Rcatcr, VP, CE Stcrcn 11. Kolthoff, n,�.:„, �•.,9 •_dv adl, 11.1111.11 r,•rr) T:,.I PC, CEC L•399 �nJ,I,Ji-Lahr Rr L• •: J,r �•: cS4 Rrr• T,ml SI•d<'Dar a,,,<n„•�..Y9 RII r,•;r)' Lad -9- ( I 712 CC'o,rCrrcnuCt1.00S Jl or 8 ALLEN Ear At, rot F.o 1., OR, J«'es El CK CoA,.(.r.,e,-,t. MOr.uS 1.Err:Sr-[rr..[q Cow(.1mrm: rr fR�rJK E. 1.0.[ HO 71011:uCut:E rcr.o a,:o not tn., ••" LS C -Ur 131D,377.1,2t 1)10,3:1.11.s "J.l (.1,o1.n.: s ot(0n July 12. 2005 Air. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: On March ??, 2005, the Cit • received ultin^ geologist ) ed the attached recommendations involving " our for immediate safety mitigation suresfor the from for the } property. As you recall, at that lime, measures s oree City of Rolling Hills to land movement focr the mitigation complete several of these mitigation provided access es. RECOeted m ' measures number 1 and 2 ese mitigation mean cements DATIONS) described in the attached I t SHORT ores, The City TERM N r. aga lion measures number 3, a and request )•o1) to complete a mitigation5 `till need to be 1e, Pleas then measures on completed- y p for t can complete sea le. us sk now if you require an • assistance} eur ro respectfully )our properly. ) with finding to September F pert)•. o a contractor We look forward to c or that your completion of this work. Thank you for your coo Sincerely, cooperation. Craig R.Neal;s City Atanager CRN:mIk tl:.1 r-DS:Ir.„u6..J.r Cc: Nike Jenkins, City Attorney Crag Collins, Attorney at Law Alike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No.996 -10- r March 22, 2005 \ Project No. L-599 DELTA. Furrrriki,-Ta City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency R Geotechnical and ecvmmeonations Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: Ps requested, GROUP p this letter to r DELTA CONSULTANTS. INC. (GDC) Landslide p Otide emergency recommendations r ist pleased P p of March 1 1, 2005. elated to the Poppy present recommendations ons arec Our understanding e Trail geologic outlined below. We have e of the g•c mapp;ng, subsurface not as project and golo Rather, exploration yet performed or any detailed role has only laboratory analyses or basis cy to calculations. aid in evaluatingr,our been to advise the City engineering si oeai As a the overall safety of the subject °n an the affected residences. idgeologic this letter is based only slide and preliminary reconnaissance, professional judgment. on our observations. affected geologic reports and and a atiiew prublishey City records regarding the history cursory revew of the subject °f Published slope. 1.0 SITE SUTVtlaRY On March 11. 2005, lls Homeowners GDC was contacted by Mr. Roger Vink of the Homeowners the before aand advice a site reconnaissance of a Rolling that occurred he day on March 12, the City regarding landslide e that occurred that completely 2005• i was '� condition, During site blocked Poppy t Trail noted that a significant landslide had I Poppy Trail guesthouse. The landslide near Portuguese Bend Road. ;el Popp Tra a head scar uese fee p of about 30 feet v e all measured sower gra belowd f the guesthouse. Poppy Trail has been vertical below feet long, o eegs s homeowners on P over -ridden by the lower graded pad provide achorse trail locatedm down Poppy Trail, the Home a slide- debris. To sin a slope Owners Association ua from the current road. s using a • •r:.no •1)1•h rrn ti Resolutionhin. 996 L.:•rr. (" ( ,iia. I.C. t'Pry rr..'I ng 11.11i The slide mass his numerous fry 0 1; �t.r.l: observed to ascend de ctures, mostly in the did la depths estim:Ited to b central portion.slide the &Traced and removed a paved drainage cup to 20 feel deep. l were within the and swore near mid -slope. R The head scarp also Angeles County guestofficialhouse which has been e, The head s posed and Cary falls red lagged by Los Many irrigation lines and concrete paved slope portion of the landslide. Irrigation lin drains wereportion guesthouse footing es• a noted in the canard and wall debris collector pope for roof runoff next to the the area of the guesthouse Since the original site visit, local residents have constructed an was covered with Crushed Miscellaneous access road access road was used to drive below the other side of to driv ethe blocked residence automobilesBase (Coles• This now the to r rid use• the h to attempt into fora s ll area on Lights have b g along he trail the ed Allo � florescent light bulbs. been stun A water hose was the (rail with Terrain The hose was used for dust control found along extensionwto cords and proper compaction and for the residencesthe !rail with water pressure. paction of the sand a lo foam nd gravel• pt to achieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, CSC is in the r Currently. HoC is process of performing doing t e mapping and situation, it is recommended recognizing tak the em drilling of the ended that several steps emergency as be taken, aspect of the 1. A small bulldozer should be used to where tension Cracks seal the surface of the w have developed to landslide the risk of someone slipping prevent mass removepushing soil intof the cracks pping and'or fallin hisr beinfiltration achieved d to g This and track rolling can o e by the soil to a light compaction. 2. During the bulldozergrading drarns e g raet n the resulting surface should b 9 • Any large d brush c sloped removed. The City, should on slide should be for head scar consider putting temporary cut and p and a catchment fence along the toe of the landslide. pore fencing behind the 3. With time and weather permitting. placed over the head scarp and in lhe resistant 1 g should be paean sami to prevent water from two graben areas as a The event landslide should entering the landslide ma minimal el oction eventual) mass and to prevent erosion. extending over the edges of the bla �s dcomPletely covered with the plastic exle d g should be diverted away Drainage off of sheeting sin from the landslide to prevent the plastic road below Poppy on the landslide mass and to protect n e enl rpy Trail• water from the tempOf2f�, access rr.T.rsr>trii Resolution No.996 10.0.1 r+ 11).-10 C,•,,,.d,. • ' 3 r'••rrr r,.•,11.,,,.t.i•z; Temporary measures should b c;,z,•rr:,.n;,,�n•n, paved slope easurs hSood c installed to diver t any „•, pbave in a shallow bags• a makeshift metsr collected on the pa and a corrugated catch basin made sock drain" could be used for this cd metal or PVC � of sand corn purpose. pipe or an "industrial convey collected water down the slope The he Idrainds devices should should be taken to away from the landside , s allow the convey the water beyond the mass. eurren Cafe water to enter the toe of the landslide, l access road and not 5. A more complete inspectionlandslidearoundthe should be guesthouse and made of the areas above ould be taken to prevent any runoff from tennis sou a the the taken tde, court areas. Pleasures onto This includes the properties above from paved unpaved es runoff from the roofs, into draining Paved ditches sin drain inters onto may include since the outlets are unknown at this time into use of sandbags, installation of temporary sheeting, rem ovary c• This shd linen redirecting re -grading, (which could re Porary pipes plays) an diverted the roof quire removal pipet sofystems driveways) and away from the gutter down spouts into pipe systems landslide mass. 6. NOTE: The This scar. is o.hlf the slide is a n unstable and ear vertical alone about n feet hi h. work .lactic shcctin. cart should or sandba..in. to n taken dcrin. an bulldozer scar. or endan.er •crsonnel by °t further de -stabilize sc[ham s r en work;n. to.o, the too close to the to. or bottom � part of the first phase of this As pa the the first ha emergency. GDC will drill Since landslide to determine ht not stability accessible, 2 to 3 bucket eauger holes. be drilled below the (This data help determine the soil and uaaccan roadif and on Poppy Aerial photos will be anal rock quality and if the Trail. lanoeod be drawn bleeds analyzed as part of this first e sale is ss a larger e try. This data will b the mapping. dow•n.hole loggingphase. e used to select locations and deb and for observed depths cd landslide borinos. CICOur r 1)f?IT. Resolution £'o.996 l•,'1') G..•.,r . ., C. .a- L.c. 4 CIO Stir e • r. t ry Tra.: L1nJ.liJ: Ci.. of Y -MIL.[ 11.11s This letter summarises the opinion of GD This of the landsideh C. based on observation We conditions and the limited uthkover and have not the limited review of Ih exploration.have laboratory yet performed any detailed c subject subsurfaceb has only ry analyses or engineering gcefn Rather. our been to advise the City on an emergency calculations.a overall safety of the subject slide and the affected residences, Ratlict, our c gency basis to aid in evaluating the based only on our obsen•ations, judgment, and a preliminary such, this letter ;s cursory review of geologic reconnaissance, r regarding the history of the subject slope.published geologic professional g'e reports and City records If you have any questions, or if we can be of further sen'ice lea contact Group Delta Consultants, Inc. at 310-320-5100. 10.320- 5100 P e se do not hesitate to . Respectfully Submi:ted, GROUP DELTA CONSULTANTS INC Aliclucl U. Rc:Idcr, VP, GE 4:9a ail r.•rr, T.a.l L an. . L e..n R,r..,q ,1 GROUT' r KILT:\ Steven 11. Koltllnff, PG, CEC Resolution No. 996 -1-1- L•59 11'1_;7 i:.,,l Lm.1.1;.!C C y' t•I K.•11"„c 11,14 :\I ill:\1. 1.11O•1'0 OF I'OI'1'v I It:1II. 1.:\i\1)I_yil)I: AIW.1 (1'hutn I\!Ards ?11114) GRoup r \` DI: T•\ r�rzin ;n Resolution No. 996 FO HILLS Ftl; ICIP A(, CODE Ceetione: Chapter 8.24 �•BATEMSEN•1' pp NUISANCES 8.24.010 Nuisance defined. 0 Duty of owner or possessor of Property, 8.24.02 8.24.0302 Notice to abate 8-24.040 Noticee tenuisa 8.24.0504 to aba nee. [e nuisance —Contents. Hearing and decision. 8-2x.070 Abatement by city --Notice of Lien. charge 8.24.0&0 Charges 9es to be billed cn 8.2x.000 Court action. tax bill. Summary abatement. R.2a.(1)0 Nuisance defined. be defined .0 0 N hing cedef is injurious toupurposes totden lth osthischismace -nuisance-shall senses, or an obstruction to the free use ofltho or safety, ce�'sliall Coal property so as to interfere with h the comfortable use of pert r or is indecent sta offensive to real property property enjoymenty or injurious to toper y for and affects obstructs samects the ti ee me anpassage community use, ry a life or and aft t persons, entire in the customary manner, of property, considerable individuals may unequal. Sh the extent of the annoyance neighborhood, or any Y sheet, be or damage n Noltvithstandin provisions inflicted upon ordinance any g any of this chapter, the city constituting a nuisanCe council may define by .R.2-l.11?0 ownerDuh•nf (Ord. ]90§](parr), ]9S1). in possession of any or °n« ss properly, e' - nr of ro erh�. Every person t,• i ;so possession other own P y, place or area. within the City owns n expense, maintain the r boundaries of the or is at his or h 0 (pa ex 19S1). , property, place or area free from shall, . any nuisance. R'2x•U3n Notice to a exists upon abate n""ance- 1Vh nuisanceis Manager er may any property, la a"ei'et the he b Council determines p ce or area �,•ithin the boundaries of th that a City orarear notify in writing the owner or place ohs 1l be toabate by the nuisance within fifteen days in the date on the the he C the once given registered or certified mail address the th of notice. person in, 19S1). possession of the property, place or area a t his last known to person addressed re the Ord. 1 0 naddress. (Ord.1903](part), 4'? -1'0-1 t7 Notice to abate is not abated or nuisance —Contents. nuisancecatisaactios of the good -faith efforts towards The noticeshall been shall beac held f fe City Manager within fifteen fromo emet date e That if the e ore the City days the not been made to the other interestedhe b Council to hear any r the ow thereof, a person. The notice shall specify protest of owner, hearing pecify the time, date and possessor or place of the hearing, Resolution No. 996 CL1S -17- which the I ;t for the rCftrla'r ntcclin c f the fiftccr b of the Council next period, (Ord. I90§1(part). 19S1). t t (Mowing the expiration S___________.2-1.050Ilrarin . totvafdS abatement and deci.ion. emcrtt have If the nuisance ot)• Council ems not been made within the lime sett conduct a hcarin • at abated or ��'o,l faith • Ci hich ty may be submitted ut b the time and place forthd in Section t ffnrls the en Council may by interest Upon consideration in o S.")-1.030,t, declare the interested persons. the the Count Ih condition constitute a port public ui notice or e the sd cl. on to cons cration of notify all owners decision of the City c t halt nuisance the evidence, 51ialll theCouncil. ) � Hers and possessors of the c Council shall nee and order the Co all il. subject place or area Citye decision shall (Ord. 190 § !(part), 19S1 _ Jcct property, The or of the decision of S'2 -1•0f0 Abatement person notified by city —Notice of after the date of npursua et to Section S.2 char c. Upon failure, t ,i, a a•0�U to abate a nuisance neglect nuisance and )' Council is authorized to taus or daysorpossessor abated by the property, place or area a notify, in of th manner as re City of the cost of abate upon which a writing, the quires by section abatement. Such notice shall b nuisance has been S.2-1.030. 1 it (Ord. l9p c given in the same 5.2-1�0-0�. If the total cost �1(part). 19S1). Fail to the City to of theabatentent abatement, the full within ten days after of the nuisance of the balance Clerk shall record the date of then by the Cityis ct due to he • in the office uric. of c not t of the total and the name the owner or of ofre Count • plast ce fr the City,of legal description the ) Recorder, a statement involved, thee tbhe na due willh in full force and possessor concerned. From Face or area r effect until the entire amoue a nt due toien on e mthe date lConti maximum legal me Frupert)•, The lien tr' in full. (Ord. 190 art)accruing from the date of the completion with interest at the in §!(part), ]9S1), of the abatement, is paid S?-1.OSO Char es to be billed on fax theprot'; -1.03 of the tart bill. abating s of the State, The City may also, in accordance nuisance toSether tv;tlt i ate, cause the amount du byreason e tae nom 1 t at the e al Cit ), withe date of areaec p etion of the abatement, to be charged to legal rate, (ecru in ros of its collection anon the next regular tax bill. All law fed to the g from the pl of s of owners of the r to the con an on enforcement these City taxes and the State able t property., charges. (Ord. I9 Count) taxes are e levy, 0 §!(part), 19S1). hereby made • FPlicable R.2-1.090 Court action court of tom The City Council may bring appropriate cou t fo et the and reasn of the abatement, in a ofanuisanceb City to foreclose any amounts liens forby such Notwithstanding the provisions of this chapter, existing the and criminal a ms bringn tcri within the actions in court competent City may thet amounts. 19SI). City pursuant to an .tent rpro jurisdiction for abate ent o!anoPrtate civil } other provision of late. (Ord. ]90§j(part), nuisance R.?x.100 Summan•, the Cit abatement. r } Council may Cause a mica notw thstandin determines that f m y caasee crew les ce em to e sum g any provisions Ci 3. this de ea m nes maol dition i if the chapter, thr physical safety of the Fcpulation emergency condition ant• City Council Prior to a °!t ir'f an immediateC satins the nuisance, the City Resolution No. 996 -IS- Sect innc: • h1.tr , tier shall attempt to involved of the nuisance andlre�lthe owner or uest him to immediately; ,. possessor of the properly, place; or am sole discretion of the City Council, Ih • abate Ih •nuisance. o dis rc ion of :he e t, C u cil, the of nr r io typl I c ora:c possessor property, and containing sic emergency i }ea}•, :fl e immediate meaningfulsteps to abate the nuisance, ay abat fails to take doe the cost of abalin • the City rtta}'abate the nuisance abating nuisance to the owner or ce and charge area involved. The City shall � possessor of the properly, lace or place or area . upon notify in writin • the owner or possessor h p which a nuisance has been abated by o the ocf the prof operly, }, abatement. Such notification shall be ) IhcCity, ro �rl S.24.030. The provisions of Sections S.24.070,' in8t2te same manner as required tby Section (Ord. 190 §1 (part), 195]). S.24.050 and 8.24.000 shall be applicable. }-plicablt. Chancel R.28 At?ATL•t•1FtJT of NUISANCES IN ACTIVE LANDSLIDE -.PEAS 8.28.010 Nuisances in active landslide areas. 8.28.020 Abacemenc. ti -2S.010 l�rni<anccs in active lanai<lid the whichas.1 has in the recent past or mli a areas. An the Cityte active landslide is declared may the future aggravate,on enlarge Pr`'Etert)• t, itlrirr thisthis chapter, an e landslide e a public nuis nce. Forthepurposes s • ch. (Ord, active is defined as land which is sliding P }o_�t � 5 (part). ]9S1). or moving on its own R.28.02(1 Abatement. Any condition declared to be a (Ord. 190 §](part)• 19SI or corrected in accordance with the pblic nuisanceb y provisions of Section Chapter S.S.N.. resolution No. 996 -19- VIA CERTIFIED AND 1\1r. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: September 2, 2005 REGULAR MAIL Mr. Alan Sheen 1 Poppy Tra i l Rolling Hills, CA 90274 • NO. 2 rCn7uGVESE EEN0 FOLD nou_iNchgts•CAUf• 90774 (3100/7.1571 FAX:1)1013i).77s5 E mal.tllchA :ol tom Mr. James Sheen 60 Crest Road East Rolling Hills, CA. 90274 On July 12, 200; �.�e sen . Onit;��yon measures t you the enclosed correspondence yourproperty ed informing that correspondence, forwe requested recommended by r °U of safe.}. that t correspondence, sTop our knowledge, you implement consulting by September In ge, these measures have not been these measures as We updated safety mitigation recommendations performed of this dale. that are necessary to implemented on that aggravation ssthe beim from our cons of your property (o help p consulting geologist measures are outlined existingin t aat ached de as weletterapproach the rain season. against dated September 1, season. -Thesemitigation Pursuant to Rolling 2005. Hills Municipal Code Section 8.24.020 Possessor of Property") "ever. place s area roper the boundariesevery of l ho own or is in Duty of Owner or f any properly, maintain the wiihint • place sorheronnexpensoperl}�, Code the ropersdefines r area free from any n, at his or her tin own nuisance." expense, pal Code large or Section 8.28.010. and active any co landslide be a Roofing Hills aggravate, to accelerate We p nuisancety that has Will a Chapter have enclosed a public subject gsrava.e, pursuantyour iew. copy of both Chapters 8.24 and S.2Sf Pursuant to Section 8.2-f.p,;0 .. p and g•1Sfor } ou are hereby directed to implement the following measures in order to abate conditions on your property that will accelerate the existing landslide: vi11 potential) aggravate 1. Seal renewed tension cracks to y ggrarate 2. Demolish the guesthouse and remove all debris frwater om the 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV om the site. 5. Install temporarydrainage resistant plastic sheeting. devices to divert storm water from of the landslide. entering landslide area from locations above the hen d scarp The above measures must be implemented notified that if Joudonot implemlent the nuisance tn'ber 15, 2005. not if a nuisance if you i implement gwill be conducted c You`'rehereby 2005, regular uisan ea a,emen September abatement actions by C cted before tile City September 15, re u City Council Chambers, 2epte be 26,005 beginning Council at its you will begiven an o Bend Road. at 7:30a p.m. in the Rolling Hi opportunity to present evidence to thelCite 1e�nr���� conditions on your property and regarding o goes City regarding the this abatement Page We have forwarded this correspondence to all of the known addresses we, have regarding this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event that it is not receiv addresses listedabove. We have also posted this letter at the ed,tthe properly. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mjk 03.79-05shrr,,•!,r.doc cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Render, Group Delta Consultants Roy ltani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer September 1, 2005 Project No. L-599 D1 DELTA- t� • i� City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 ' Attn: Craig Nealis, City Manger Subject: Mr. Nealis- Pre-Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California As requested, GROUP DELTA CO this uesr to p CONSULTANTS INC (GDC rovide pre -construction and is pleased to present recommendations related to the construction of thenterization for uction Trail Landslide and the lower access road. ATV road across co recommendations Currently, GDC is in the process of installing inclinometers in the landslide and observed the following: On September I, 2005, during while installing inclinometers on the of the Poppy Trail Landslide, it was observed that the landslide midsectionn, s evidence by, there were traverse cracks that paralleled thetoe still moan throughout the midsection of the landslide. 9. as observed along the north lateral scarp and across then of the landslide Diagonal. tension/shear cracks were Canyon Trail where the trail crosses the lateral scarp of the la ern section of o, there is evidence that surface water has ran off the top of the landslide head landslide. Also, is landside mass. This water needs to be prevented from flowing where it can enter the new tension cracks, which can accelerate scarp onto the onto the landslide landslide. the movement of the '.: : •; �;L e:...:,•i : ♦ '.';_J. • •'L!.1i : • . ' ` uuu .GrruDclta co ' It i , ; c ♦ ! .. , _ •, - CROUP DE LTA t.•Lpit. t ciao L-599 DI Group I)rlia CPn'nllznIs. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. I. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. r''i'Py Tr 2i l 1:II 'alc Cily of Rollinglhlls 2. The guesthouse and landslide head scarp persons traveling on the ATV and temporary access road. emanate Therreforrerthe guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After is removed, the landslide head scarp should be flattened tolthorizontal �tosIe to reduce rock and debris fall hazards from the scar p. A temporary should be placed on the uphill side of the ATV road to catch any debris th(l may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road 'and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should L-599 DI • Group ncltz Chncult:!ntx. Inc. 3 poppy Trail L.nd>lidc City nrRolling l{'lls be taken to prevent any runoff from the properties the landslide. This includes runoff from the roofs, unto drain inllets raining onto paved or unpaved ditches since the outlets are unknown at thistime. and This may include use of sandbags, installation of tempora I es, This sheeting, temporary re-grading,.(which temporary pipes, plastic and even redirecting the roo gutter downc ld require removal of driveways) diverted away from the landslide mass. p°U� into pipe systems and As part of the pre -construction phase of this grading, GD inclinometers to monitor landslide movement durin C is 3 determine the stability of the landslide. 9 grading. This data «ill help Closure This letter summarizes the opinion of GDC, based on the limited exploration and geological mapping of the landslide, observation of the landslde conditions and the limited review of the subject references. walkover, This evaluation was performed in accordance with standards using that degree of care and skill ordinarily ordinaril generexercised under similar generally c accepted local circumstances by reputable geotechnical consultants practicing in this o localities. No other warranty, expressed or implied, is made as to the r similar professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper lity control from the contractor. contingent on the opportunity o Consequently, the recommendations r madea contingent slur of GDC to observe the including slurry, grouting or any excavatin contractors operationsd to provide such services, they must be notified parties t they mill be required complete responsibility for the geotechnical phase of the other than Care engaged the conclusions in this report or provide alternate recommendationsq ed to assume project by concurring deemed appropriate. as deemed GROUP DELTA rr.o L-599 10 CrotipL-599 NitaCnn>uhanls. Inc - 4 Poppy Trail Ladsl;�c city of if you have any questions, or if we can be of further sen' xrar�Fn,l!S contact Group Delta Consultants, Inc. at 310-320-51001Ce� please do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTAI1TS, INC SK for Mike Reader I% riche! D. Reader, VP, GE Steven if. Kolthoff, PC, CEG Landslide 1:599Loino9c Rolling Hill Poppy Trail LandsliJc'1•tooA r°rrY Trail $!iddDocmncnts -599 P.II Prfpr Trail Landslide - Loin Rc ROI GROUP DELTA •0/ leo az GOOFREY PERNEll• D DS A WO!' B. ALLEN LAY Afaror P,0 rem OR. JAI.'ES BLACK Counc,Imember THOMAS F. HEINSHEU.IER Councamem0er FRANK E. HILL Counc,7mem per July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: NO. 2 FCRIUCPESE BEND RQF0 ROLLING HILLS. Cjl IF. 90274 01013;7.1521 FAX:131013,7.7; 68 E-ma'I ollca ;70l[om On Ma rcli 22, 2005, the City received the alt consulting geologist ached recommendations involving moist for immediate safetyyour property. mitigation for the City of Rolling y- As you recall, at that time measures for the land from our fcompletedr it o Hills to complete several of these ou provided access r11Q`'Fment mitigation R ECOAAENO measures number 1 and ? mitigation meat agreements ATIONS) described in the attached letter. SHORT T measures. 711eCit}. TERM Mitigation measures number 3 request you , 4 and 5 still need to 15, 2005. these , 4 a be completed. completePleaselet know i f , nation measures on tY 15,can complete this work on your ourequire any e respectfully ctorl our property. } assistance your finding 'Pi1Or to September ewe look forward to O11tractorih3t your completion of this work. Thank you f • Ot your cooperation. Sincerely, S� Craig R. Neal;s City Manager CRN:mlk 07-11-nj. lI, •n•1rr.sloC CC Mike Jenkins, City n AtAttorneyCrai Craig Collins, Attorneyat Caw Mike Reader, Group Delta Cunsultants Ross Bolton, Bolton Engineering March 22, 2005 Project No. L-599 DELTA v . . ,,E City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy frail Landslide of March 1 1, 2005. Our understanding recommendations are outlined below. We have not as yetperformed project detailed and geologic mapping, subsurface exploration, laboratory any calculations. Rather, our role has only been to advise the nCity eon ans emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, reliminary geologic reconnaissance, professional judgment, and a cursory review ofp published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling His Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded padof the guesthouse. Poppy Trail has been over -ridden by slide debris. To access to homeowners on Poppy Trail, the Home Owners Association was Psi gda horse trail located down slope from the current road. 4 4 \I WW.(4111,,,I)r U., (1,1 r�. • UNITED STATES POSTAL SERVICE Oil I 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 Roa Rolling Hills, CA 90274 MAR rig 2 7 2006 CITYOFROLLING HILLS By • 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: Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 COMPLETE THIS. SECTION ON DELIVERY B. Received by (Printed Nam W VISiOn SG V1 r D. Is delivery address diffeent from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Se ice Type Certified Mail 0 Express Mail ❑ Registered tiliReturn Receipt for Merch ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Arti< � __--- - 7005 1820 0008 3440 mai 6730 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 GI:Oui' DELTA • Grourr Dc ha Ci.n • Poppy fr:ul L:u.J•r;,r, The slide mass has numerous fractures, mostly in the central c�I'•"rKrlr;,,glrrl; de observed to extend depths estimated to be up to 20 feet portion, that uere displaced and removed a paved drainage swale near mid-slope. p ep. The slide has also within the guesthouse foundation, which has been exposed The head scarp falls Angeles County officials. and red tagged by Los Many irrigation lines and concrete paved slope drains were noted in portion of the landslide. Irrigation lines, a collector pipe for roof runoff the central guesthouse footing and wall debris were noticed in the foundation head scarp. next to the area of the guesthouse Since the original site visit, local residents have constructed Poppy Trail which was covered with Crushed Miscellaneous Base ans access road below access road was used to drive the blocked residence automobiles into a safe Base (C�1B). This new the other side of the landside and to attempt to improve the road Vehicle A area on ( T1) use. Lights have been stung along the trail with extension cfor ol Terrain florescent light bulbs. A water hose was found along the trail with The hose was used for dust control and for the residences to a ords end water pressure. proper compaction of the sand and gravel. item pt to achieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of landslide. However, at your requestandrrecgn zing the emergency aspect of the situation, it is recommended that several stn s b PP ng and drilling of the P e taken. 1. A small bulldozer should be used to seal the surface where tension cracks have developed to prevent water infiltration of the landslide mass remove the risk of someone slipping and/or fallin s atrch and lo pushing soil into the cracks and track rolling the soil to tight can coin achieved b Y 2. During the bulldozer grading compaction. drainage. Any large trees and ebrush lton the slide should be sloped for removed. The City should consider putting tempora should be fencing behind thee landslide. scarp and a catchment fence along the toe of th ry cut and 3. With time and weather permitting; l placed over the head scarp and in the two grabenpareas as aastic minimal action to prevent water from entering the landslide mass sheeting should be a The landslide should eventually be completely covered ed with extending over the edges of the landside. prevent erosion. sheeting should be diverted away from the landslide Drainage off of the plastic the plastic revent water accumulating on the landslide mass and to protect theptemporary a cos road below Poppy Trail. access Gimp urha C� mrJtanis. Inc. 3 Poppy Trnl is Irli,e c its P ry measures should be installed to div r rttlliu llillt 4. Tcmora paved slope ditches. Sand bags, e t any water collected on the t bags in a shallow pit and a corrugated,metalakeshlforcPVCatch pipe orbasinnan "industrialofsand sock drain" could be used for this purpose. The drainage devices ev cesshod convey collected water down the slope away from the Iandside masssCare should be taken to convey the water beyond the current access to allow the water to enter the toe of the landslide. road andnot 5. A more complete inspection should be made of the areas landslide around the guesthouse and tennis court areas. Measures should the be taken to prevent any runoff from the properties above from draining onto es should the landslide. This includes runoff from the roofs, into drain inlets a dinlo paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of drivewa s and even redirecting the roof gutter down spouts into , n ) diverted away from the landslide mass. P Pe systems and 6. NOTE: The to of the slide is a near vertical sloe about 30 feet hi h This scar. is hi hl unstable and care should taken Burin . an o work .lastic sheetin. or sandba..in. o bulldozer oclose t further to the to scar. or endan.er .ersonnel by workin. too c de-stabilize t of the scarp or bottom fps part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger Since the Iandside might not be accessible, the borings will be drilled bet hobs. landslide to determine the stability of the temporary access road and on Po below the This data will help determine the soil and rock quality and if the site is on a landslide. Aerial photos will be analyzed as part of this first h -se Trail. would be drawn based on the mapping, larger PP g, down -hole logging and observedCross-sections wouldgeometry. This data will be used to select locations and depths for borin _ landslide G R O IJ I' DE1_T:, L-5'." G r 01 ip I)rh.i Con>u II:t it S. Inc. Closure -I 1'r'I'I'y Tr:nl L:roJ.Iide Oily c,f KuiI fills This letter summarizes the opinion of GDC, based on the limited observation of the landside conditions and the limited review walkover subject andt references.. We have not as yet performed any subsurface exploration, laboratory analyses or engineering of the subject detailedl geologicios thmapping. role has only been to advise the City on an emergency basis to aid in e. Rather,ouroverall safety of the subject slide and the affected residences. r� based only on our observations, in preliminary such. this lesion l judgment, and a cursory review of published geologic reconnaissance, regarding the history of the subject slope. geologic reports and professional City records If you have any questions, or if we can be of further service contact Group Delta Consultants, Inc. at 310-320-5100. 'please do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Michael D. Reader, VP, GE L-599 RI I I'r.ppy roil Undslidc - Lther Rcp„n r I C12pt✓'1' DELTA Rimprizmi Steven H. Kolthoff, PC, CEG c; AERIAL 1'IIOT0 OF I'Ol'I'YTR,11I, 1.,11\'I)LSII)EA1ZI_,1 (Photo March 200-x) ROLLING HILLS MUNICIPAL CODE Seciions: 8.24.010 8.24.020 8.24.030 8.24.040 8.24.050 8.24.060 8.24.070 8.24.080 8.24.090 8.24.100 Cha ter 8.24 ABATEMENT OF NUISANCES Nuisance defined. Duty of owner or possessor Notice to abate nuisance. of property. Notice to abate nuisance --Contents. Hearing and decision. Abatement by city --Notice of charge. Lien. Charges to be billed on tax bill. Court action. Summary abatement. 3•? -1.0]0 Nuisance defined. For thepurposes be defined as anything which is injurious to health of this chapter' a "nuisa the senses, obstructionhi i the freeu use or or offensive to senses, or as interfere with to the comfortable property safety, oidecent stability ofproperty orinjuriousto the property, or of unlawfully obstructs the free passage or use, eenjoyment of life or ro and affects at the same time an entire community or neighborhood, F PerIJ•, or number persons, same time the extent m the annoyance y customary manner, of any sree individuals may be unequal. of or any considerable or damage inflicted upon Notwithstanding any provisions of this chapter, the ordinance any particularcondilion constituting city (Ord. 19090il may define by. � a nuisance, §1(part), 1931). 3.2.1.020 Duty of owner or in possession of any property, ossessor of ro erty. Ever his or her ownexpnpr pery, pl the property,yr— the boundaries personsofthe Citywho o„hat!, is oundarief c (Ord. 190 §1(part), 1981). place or area free from any `hall, at nuisance. 3.24.030 Notice to abate nuisance. Whenever the City Council nuisance existsupon any property, place or area within the boundaries of the City, the a Manager may notify in writing the owner or Citye or area toabate the nuisance within e O fifteen days Arles of the Cit, person in possession the the notice. The notice shall be given by registered or certified mail addressed from the the of The possession of the property, place or area at his last known ed to the owner or 1931). address, person in (Ord. 190 §](part), 3.2-1.0-10 Notice to abate nuisance - nuisance is not abated or good -faith efforts towards abatement nuisance —Contents. The notice shall stateof Manager fifteen that if the abec held the the City Council i hear 't not been made ritge sessor or other interestedhedbperson. The noticeuc shall specify e sa wte thereof, a hearing any protest of the owner, the time, date and place of the hearing, (j) which shall be set for the regular meeting of the Council next following of the fifteen -day period. (Ord. 190§](part), 19S1). tl'e expiration S.24.050 Hearing and decision. If the nuisance is not abated or towards abatement have not_been made within the time set forth in Section good faith 3fforte City Council shatl conduct a hearing at the time and place fixed in the notice, t1Ivhiich11e 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 shat l notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 5.2-1.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal b a person notified pursuant to Section 3.24.050 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 51(part), 1951). 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 xvill 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 §](part), 1981). 8.24.050 Charges to he 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§!(part), 1981). 5.24.090 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 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. 9 1981). (Ord.1.0 § I (part), 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, theCity Manager shall attempt to notify the owner or pOssessor of the property, place involved of the nuisance and request him (o immediately abate the nuisance,If,r ea inrthe 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 lake immedia le and meaningful steps to abate the nuisance, the City may abate the nuisanceand charbe the cost of abating such nuisance to the owner or possessor of the property, placeor 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 3.24.030. The (Ord 190 §1 (fProvart), ions of Sections S.24.0i0, 8.24.0S0 and 8.24.090 shall be applicable. Chaoter 8.28 ABATEMENT OF NUISANCES IN ACTIVE L.=J•JDSLIDE 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 properly 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 purpo:esof this chapter, an active landslde is defined as land which is sliding or movingon its own accord. (Ord. 190§1(part), 1981). 3.25.020 Abatement. Any condition declared to be a public nuisance bySection 3.23.010 shall be abated or corrected in accordance with the provisions of Chapter 5.24. (Ord. 190 §1(part), 1981). 6,6 m rU J3 D co D D D rU rR '.D tti SENDER: COMPLETE THIS SL. ■ 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 retum 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 1 Poppy Trail Rolling Hills, CA 90274 A. Signature X ❑ 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 Mall ❑ Registered ❑ Insured Mall ❑ Express Mall Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2, nr,,..,no. 4/506 No4iw 7005 1820 000.8 3440 6723 i PS Form 3811, February 2004 �y�y.i�� /� }�..r�}}iv,I(��l , kra1 Domestic Hetum Heceipt Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pos Sent To Street, Apt. or PO Box City, State, . fftainz Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 0 Yes 1t12595 -02-M-1540 t. II i II iii 7005 1820 0008 3440 6723 CITY OF ROLLING HILLS 2 PORTUGUESE BEND R❑AD ROLLING HILLS, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 a p 1 b,; -0 i1-4 —0 i0 M D ID ,D rU r0 rR Lrl D D 'SENDER: COMPLETE THIS SECTION A. Signature X • 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 retum the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 1. Article Addressed to: Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 ❑ Agent ❑ Addressee 3. Service Type !2f Certified Man. ❑ Registered ❑ Insured Mall ❑ Express Mall • Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes '{/s/06 7%.1Act- 2. Arl (Tr 7005 1820 0008 3440 6716 PS Form 3811, February 2004 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Sent To Street, ApL or POBox I City, State, Total Pos .*,‹/ L4 Postmark Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 Domestic Retum Receipt 102595-02-M-1540 111 111 7005 1820 0008 3440 6716 CITY OF ROLLING HILLS 2 P❑RTUGUESE SEND R❑AD ROLLING HILLS, CA 90274 Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 J �i3:J� H i •City ofiellin • INCORPORATED JANUARY 24, i957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 22, 2006 VIA CERTIFIED AND REGULAR MAIL 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 Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: REVISED NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: On March 1, 2006, by the way of certified and regular mail, we sent the attached Invoice to you regarding Nuisance Abatement Costs. In that correspondence, we indicated that the City Council may approve the enclosed bill, or may make any modifications to it as may be appropriate, at their regular City Council meeting to be held on Monday, April 10, 2006, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. This letter shall serve to provide you notice that we will present the attached "Revised Invoice", dated March 22, 2006, to the City Council at the above referenced City Council meeting. This Revised Invoice includes a late bill that was submitted to the City of Rolling Hills from Group Delta relating to the Nuisance Abatement efforts. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:en 03-22-06sheen-1 tr.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP ®Prir»ed on Recyck.,d Paper Gee 0fi2??..,9 Jd,PP, INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 1, 2006 VIA CERTIFIED AND REGULAR MAIL 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: cityolrh@aol.com Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: At the regular City Council meeting held on September 26, 2005, the City Council declared a public nuisance on the property at 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 the property owner, therefore, after appropriate notification to the property owner, and after issuance of an abatement warrant by the Superior Court, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 8.24.060 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 for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 10, 2006, 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 Council, if any, in full within ten (10) days of Council approval. ®Printed on Recycled I';t;>•er. Page 2 Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 03-01-06shec,i-1 t r. doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP • • Ci4f �!2 Pe�S Jh/f A INCORPORATED JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 REVISED INVOICE NUISANCE ABATEMENT COST March 22, 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com $ 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 $ 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 Jenkins & Hogin Legal Services Administration. Costs City Manager 134,606.07 11,366.50 1,956.20 TOTAL $ 147,928.77 Printed on Recycled Paper_ CL5 P. 02 Erosion (11ontrol Specialists 16761 Viewpoint Lane #074 if Huntingt+;;n Beach, Ca 92647 li BILL TO The City' — —.-. .__ -- --------- .. Of Roiling Hills No. 2 Pc 'tuguese Bend Rd. Rolling Dills, Ca 90274 ITEM 90008_-.... it !I� 319 937 1470 • Invoice DATE INVOICE 4 12/7/2005 120 SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 DESCRIPTION . .. demolition of guest house, including lapping of utilities removal. • i ._.___. . ..... ________ ... D UE DATE 1/6/2006 QTY_ RATE 1 Total i P.O. NUMBER AMOUNT 38,500.00 38,500.00 Erosion Contro pecialists e25 NUM9ER INVOICE NO 120 GROSS ANT 38,500.00 Audited and approved for payment AUTHORIZED S�N URE Stir::U° .. DISCOUNT 0.00 180,53 Dec 12 05 NET 38,500.00 38,500.00 MO<SCUCI767 3310 937 1470 P_0? I• Erosion CI ontrol Specialists 16761 Viewpoint Lane #074 Huntington Beach, Ca 92647 _.1 • BILL TO The City, pf Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hi Ils, Ca 90274 �1 . • Invoice DATE INVOICE # 1/12/2006 124 -- SHIP TO #1 Poppy Trail Rd. Rolling Hills, Ca 90274 ITEM i DESCRIPTION i 90016 'cl luting of head -scarp to a 2:1 slope. 90017 iixportation of soil. 90025 ,additional debris removal required for prior !,trading and exportation. this includes: the ::'kmoval of a large pine tree from the top of ope, removal of additional trees and ground over from the south edge of the slide, i1.amoval of temporary plastic and sandbags at ,li e mid -section of the slope, and additional i ee and ground cover removal at the top of 'Lie slope near the new access road. 90029 1 Please remit ill i above address. 1 L DUE DATE I P.O. NUMBER 2/11/2006 I QTY J....RATE f iOUNT 1,728 15.001 25,920.001 23,400.00 23,400.00 1 5,345.00 ,j Total T 1 800.00 55,465.00 CITY OF R0O HILLS NUMBER Erosion Control Specialists e25 Jan 23 06 INVOICE NO GROSS AMT DISCOUNT 1812Q NET 124 55,465.00 0.00 55,465.00 Audited and approved for payment : AUTHORIZED SIG gSAFEGUARD T✓� RE 55,465.00 M04SF030767 'EE -14-2006 06:06 AM EC� •[1 Erosion Control Specialists 16761 Vi'E wpoint Lane #074 Huntingt, n Beach, Ca 92647 A BILL TO The Cit1 Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling [dills, Ca 90274 ITEM I DESCRIPTION 90001 nstallation of plastic sheeting and sand -bags •6 specified per plan 90005 nstallation of above ground drainage devices -6 specified in plan 90006 nstallation of 18" NDS catch basin as :3pecified on plan t�c�cl 90009 ' ompaction and 9r ci work for adequate �rainage above slope 1 Please remit % above address. 310 • 1470 DATE L 2/12/2006 SHIP TO P.02 Invoice INVOICE # 128 DUE DATE I P.O. NUMBER. 3/14/2006 QTY I RATE 1 19,736.0.-0- 1 1,200.00 1 1,850.00 1 600.00 Total AMOUNT 19,736.00 1,200.00 1,850.00 600.00 23,386.00 r:G v.- 1 9-2005 93 :30 ECS 0 937 1470 P. 03 Erosion Control Specialists Ca License #551583 **It s unknown whether or not a septic tank exists and will be discovered during the worl preformed. If a septic tank is found, the removal will result in additional costs. Our •j rice for performing the above mentioned work will be as follows: 1. D lmolition and removal of guest house. 2. F ittening of headscarp to a 1:1 slope ratio. 3. P Lenient of sand -bags and Plastic 4. In; tallation of above ground drainage Totoll 38,500 23.400 19,736 1,200 82,836 Thin work is an attempt to prevent further slope movement but, Erosion Control Spe; ialists will not be held liable for any further movement of the slope and any corn.sponding damage or injury relating to such. It isl tighly recommended that the plastic sheeting and corresponding I t p ►ne drainage system he maitkained throughout the rainy season. The measures are temporary and must be manitained to keep there proper integrity. Maintenance services are not included in this pro]:osal but can be provided throughout the rainy season upon request and based on ava. lability. Sin.:IIrely, (lj n L Ero1 ion Control Specialists 90911- 53-9637 Fax '7 14-849-6063 Jasn n@ecspecialists.com Ero'ion Control $patella!: 16761 %In+point Ln. Ste 11074 Huntington Beach, Co (&Oo) 3776.1015 (909) 753-9637 ECSPEC1ALISTS.COnt N O' -1 9,- 2 005 0,3 :30 PM ' i• Exhibit A 410 4 70 P. 52 Now' Erosion Control Specialists ber 18, 2005 Attn: Craig Neal is City: f Rolling Hills #2 Pt'rtuguese Bend Rd. Rolling Hills, Ca 90274 Dea. 1Craie, We ropose to furnish labor and materials for the Poppy Trail project, located on poppy trail 11 in Rolling Hills, Ca. The: e services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages are in affect on this project and will be used per city mgt./Yemenis. 1. Site mobilization 2. Ijemolition of guest house ouse above headscarp. This work will include: * a. asbestos survey and inspection. b. demolition of guest house and portion of asphalt driveway. c. removal and disposal of guest house and portion of asphalt �h driveway. 1* d.capping of all utilities. 3. tut back headscarp to a 1:1 slope. It is estimated that a total of 3600 .yards of soil will be cut in this process. Costs will incur if the amount ►�f soil cut exceeds 3600 yards. This will not include the importation or {xportation of soil. All soil that must be imported or exported will !I(esult in additional costs. l7 ✓ 4. , lacement of sand -bags, according to plan. 5. IA. lacement of plastic sheeting, according to plan. 6. t acement of above -grand drainage, according to plan. This will not include the plastic nds catch basin. Ca License #851583 Nus. lttgA'NclKE,vr' I, the event that asbestos is found, abatement will be necessary and will additional costs. Erosion Control Specialists 16761 Viewpoint Ln. Ste N 074 Huntington Beach, CI (800) 376.1015 (909) 753-9637 ECSPECIALISTS.CObt GROUP DELTA CONSULTANTS Ct'rlified MBE ,. Is n City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 INVOICE Invoice #: 06-0221-D January 13, 2006 Attn.: Craig Nealis Project L599 B1 Poppy Trail #1 Landlsde Winterization Summary Invoice for Professional Services for the period, October I, 2005 through January 27, 2006 Professional Services Hours Rate Total Michael Reader Project Manager 13.00 $ 185.00 $ 2,405.00 Steve Kolthoff Geotech Engineer 45.00 $ 130.00 $ 5,850.00 Todd Armstrong Project Engineer - $ 110.00 $ Kendall Chun Technician $ 85.00 $ Total Professional Services $ 8,255.00 Other Direct Expenses Units Rate Amount Vehicle - Hourly - $ 5.00 $ Vehicle - Mileage 105.00 $ 0.50 S 52.50 Sample pick-up & delivery - $ 55.00 $ - Bolton Engineering $ 4,107.00 115.00% $ 4,723.05 Total Reimbursable Expenses $ 4,775.55 INVOICE AMOUNT $ 13,030.55 We appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. teven H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 Note: This invoice summarizes the Winterization Task that Group Delta Consultants, Inc. performed from October, 2005 through January, 2006. The task included Bolton Engineering for surveying and layout of slope drainage desing and plastic cover, observining the emptying of the septic tanks and pits, observing demolition of the guest house, backcutting of the vertical slope below the guest house and observing the covering of the landslide withplastic sheeting 2291 W205"" Street, Suite 103 ♦ 11):•: )rce, California 90501-1459 ♦. (310) 320-5100 voice ♦ (310) 320-2118 fax vi,10, t..iiN�v�rn ♦ ("-14) 61x)-ll)2t) San Diego. California ♦ (858) 524-151X) www.CroupDelta.com Certified ;1 lBE MAR 2 2 2006 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn.: Project: CITY OF ROWNG HILLS By INVOICE invoice #: 2902 March 10, 2006 Craig Nealis L599 B1 Nuisance Abatement for Poppy Trail Landslide Professional Services fear the period, January 1 through February 24, 2006 Professional Services Micimel Reader Steve Kolthoff Todd Armstrong Kendall Chun Hours Rate Project.Mann gf.-r $ 185.00 Geotech Engineer - $ 130.00 Project Engineer - $ 110.00 Technician - $ 85.00 Total Professional Services Other Direct Expenses Vehicle - Hourly Vehicle- Mileage Sample pick-up (Sz delivery Advanced Technology Laboratories • Bolton Engineering Units Total Rate Amount - $. 5.00 $ - $ 0.50 $ - - $ 55.00 $ - $ 1,594.00 115.00% $ 1,833.10 $ 1,410.00 115.00% $ 1,621.50 Total Reimbursable Expenses $ 3,454.60 INVOICE AMOUNT $ 3,454.60 We appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. Michael D. Reader, G.E. Vice President Contract Budget Amount Previously Invoiced Amount Current Invoice Amount Remaining Contract Amount /MR $ 9,050.00 $ 20,413.05 $ 3,454.60 $ (14,817.65) Please Remit Payments To: Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 .� . .'(. '..illltc 105 A j:r,'r,1nc; t._.;;i!; II'11 i.t `It)5(li-( ' .. t? HP; ?2ILiili(i Z' i.t S (i;tl) 1.{::, -1142;!• :.l:i I �' t .il:l:.i. i .. 7 a I`' "7 _�-t: I!•. I Page:, .1 • Advanced Technology Laboratories INVOICE SOLD TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 ATIN: Steven Kolthoff PROYECT: I,-599 . 1 INVOICE NUMBER: 0080340 -IN INVOICE DATE: 12/31/2005 ORDER NUMBER 0080857 ORDER DATE: 12/21/2005 CUSTOMER NO: GRODE01 SHIP TO: Group Delta Consultants, Inc. 2291 W. 205th Street Suite 105 Torrance, CA 90501 SHIP DATE: 12/302005 CUSTOMER P.O. F.O.B. TERMS Net 60 Days it/ ITEM NO, ITEM DESCRIPTION UNIT SHIPPED PRICE AMOUNT 8082 8260 8270/625 6010CCR 7471 8015HC ASBESTOS 5035 PCBs Volatile Organic Compounds Semi -Volatile Organics Title 22 Metals Mcreury by Cold Vapor TPH (Extrac)C5to>C32 Brbdoµn Bull; Asbestos ID by PLM 40m1 Voa tared & prep EA 3.00 EA 4.00 EA 3.00 EA 3.00 EA 3.00 EA 3.00 EA 3.00 EA 12.00 60.00 85.00 165.00 90.00 0.00 75.00 20.00 2.00 Net Invoice: Less Divrolmt: Invoice Total: 180.00 340.00 495.00 270.00 .0.00 225.00 60.00 24.00 1..94.00 0.00 1,594.00 For your convenience, we now accept Visa and Master Card. To use this new service, please complete, sign, and return this invoice to ATL. Card No.: — .. Exp. Dale: Invoice No • Amount: Printed Name: Signature: TERMS: Net 30. Discounts & special pricing are applicable only tf paid within 60 days, otherwise pay list price. MCC) VISA REMIT TO: P.U. Bar 92797 Lnng l3cuch, CA 90809-2797 Tel: 562 989-4045 Fax: 562 989-6348 707, Silver Spur Road - Suiteik1 Rolling Hills Estates, CA 90 tel: (310) 544-6010 fax: (310) 544-0458 _RECEIVED BILL TO Group Delta Consultants 2291 W. 205th Street Suite 1 Torrance, CA 90501 DATE INVOICE NO. 1/31,2005 5208 • TERMS PROJECT Due on recpt 5019 DESCRIPTION QTY RATE AMOUNT Oversee Lay Back and Erosion Control Work at # 1 Poppytrail. Reg Chief Engineer Registered Civil Engineer Presci# _ A,T.:proval PJ Date Acct # 9 2 130.00 120.00 1,170.00 240.00 Thank you for your business. Total $1,410.00 Peninsula Sep. Service, Inc 1840 S. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 Fax (310) 832-3636 BILL TO City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 DEC 2 7 2005 CITY OF ROLLING HILLS JOB ADDRESS Guesthouse 1 Poppy Trail Rolling Hills, CA 90274 DATE 12/21/2005 Invoice INVOICE # 10236 P.O. NO. TERMS PROJECT Net 10 DESCRIPTION Pump Septic Tank - Guesthouse L.A. County Sanitation District Disposal Fee Locate & Excavate Septic Tank & Seepage Pit (9/12/05) Thank you for your business. COUPON J# AMOUNT Contractors State License Number 800772 Total 190.00 70.00 450.00 $710.00 Suit Sewcce, 9ac. 1840 So. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 FAX (310) 832-3636 Systems Located & Inspected Vacuum Pump Services Major Credit Cards Accepted Contractors State License No. 800772 Date 1 Escrow # Name ,-i- ,:`. " Bill To Job Location , t t • r- �' i t Address f' , ! City i l i State - .. r':;,-.. ,,:: I. t Zip. .r t % i i I .I " _ I State Phone No. ' i ' 1,.....:r:-..,:j.. Zip_ Customer or agent initials authorize Peninsula Pump & Septic Service to enter property to perform service as agreed ' 1. All invoices due net 10 days unless previous arrangements have been made. 2. This contract is subject to the approval of the health department or agency controlling this area. INVOICE # P.O. # DISPOSAL # Phone No. Extra Hose Charge, Each 25' Section over 50' L.A. County Sanitation District Disposal Fee Additional Pump / Vacuum Time Locate & Excavate Septic Tank / Seepage. Pit: • Install 4" Riser Access Cesspool / Seepage Pit Install Manhole Access to Septic Tank Customer: B PeNzsraula Setter Seux'ee, B CITY •LLING HILLS NUMBER '76 Peninsula Septic Svc. INVOICE NO GROSS AMT 10236 710.00 Audited and approved for payment AUTHORIZED @SAFEGUARD G ATURE p43 DISCOUNT 0.00 '18095 Jan 9 06 NET 710.00 710.00 MOaSF030767 Daily Breeze lo; START DATE 09/17 EACH bOrTEI (11) REFERENCE* (12) DESCRIPTION -OTHER COMMENTS EXPIRATION DAT: (13) Cu) OTHER CHARGES OR CREDITS 583378 PV#17908 LEGAL ADVERTIS PV PUB HEAR 9/26/05 MARILYN KERN ./ Punt _L. %r imti PENINSULA NEWS more SAN PEDRO 2x3.252 'G?/< -.71 6.5I I 59. 9 59.92j • Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 90275 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid: I am over the age of eighteen years: and I am not a party to or interested in the notice published. I ant the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to -wit: September 17 All in the year 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 17th day of September 2005 Signature s IpiraTIFT SEP232005 CITY OF ROLLING HILLS By PVPN #7908 NOTICE OF PUBLIC HEARING. NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Monday, September 26, 2005 at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following: CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN • Any person is welcome to review the file, prior to the public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Administration Offices at, or prior to, the public hearing. CRAIG R. NEALIS, CITY CLERK Published in the Palos Verdes Peninsula, News on September 17 2005 Jenkins & Hogin, LLP • . • Marhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12808 Professional Services 10/5/2005 JCC Review resolution and minutes regardingPo 10/17/2005 JCC Review minutes and resolution declaring 1 Popp Trail landslide py Trail a uisa ce and ordering abatement; work on abatement warrant application n and 10/19/2005 JCC Work on abatement warrant application JCC Research regarding City's ability to abate warrant 10/20/2005 JCC Research regarding Conner v. City of Santa Ana JCC Draft abatement warrant application 10/21/2005 JCC Work on abatement warrant 10/25/2005 MJ Conference with Mr. Cotti regarding date for court appearance JCC Research regarding City's authority to demolish guesthouse ues tthouse JCC Draft abatement warrant; finalize application for abatement warrant 10/26/2005 JCC Revise abatement warrant and proposed order MJ Review and comment on application for abatement warrant and warrant 10/27/2005 JCC Revise application for abatement warrant MJ Telephone conference with Mr. Nealis regarding on nuisance abatement; conference with Mr. Cotti regarding egadig sameearing 10/28/2005 JCC Draft declaration of Mr. Nealis in support of application for abatement warrant MJ Review complaint filed by Sheen and conference with Mr. Cotti regarding implications for City's acquisition of abatement warrant; telephone call to Ms. Schwartz regarding same 10/31/2005 JCC Review and revise Declaration of Craig Nealis JCC Review complaint filed by property owner MJ Review and revise Nealis declaration MJ Telephone conference with Mr. Nealis regarding allegations in Sheen complaint and regarding abatement warrant For professional services rendered Hours Amount 0.70 2.00 2.50 1.20 1.30 2.70 2.30 0.10 1.40 2.80 1.20 0.40 0.70 0.20 3.50 0.30 0.60 0.70 0.20 0.40 25.20 $4,962.00 ' Jenkins & Hogin, LLP • Manhattan Towers 1230 Rosecrans Avee,.Suite 110 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date November 30, 2005 Invoice Number 12865 Last Bill Date 10/31/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12865 Professional Services 11/1/2005 JCC Format pleadings for filing; telephone conference with Mr. Nealis regarding hearing JCC Prepare for hearing on abatement warrant s MJ Conference with Mr. Nealis and Mr. Cotti regarding abatement warrant app 11/2/2005 MJ Telephone one call to Mr. Nealis regarding JPIA coverage; conference with Mr. Cotti regarding main points for argument seeking abatement warrant JCC Attend hearing to secure abatement warrant MJ Conference with Mr. Cotti regarding court appearance for abatement warrant and next steps; telephone call from Mr. Nealis regarding same MJ Prepare opposition to application for temporary restraining order 11/3/2005 MJ Letter to Mr. Collins regarding abatement warrant; conference Cotti regarding same with Mr. JCC Research regarding Code of Civil Procedure section 526; revise opposition to TRO MJ Telephone call to Mr. Nealis regarding nuisance abatement work on 1 Po timing of commencement of regarding same, and regarding letter torMr. Collins and draft rence with or' Cotti opposition JCC Revise letter to Mr. Collins regarding Jenkins regarding same g 9 abatement warrant; meet w thltfNr 11/4/2005 MJ Revise letter to Mr. Collins MJ Review and revise opposition 11/7/2005 MJ Review ah and viserevie to temporary restraining opposition; telephone call to Ms. orderern 11/8/2005 MJ photographs Kern regarding Exchange emails with Mr. Richards regarding abatement warrant; review 11/9/2005 MJ letter from Collins office; telephone call from same regarding TRO hearing Telephone call from Ms. Libertino regarding hearing date for TRO; 0.20 telephone call to Mr. Nealis regarding nng Richards regarding same g 9 same; telephone call to Mr. 0.40 MJ Review letter from Mr. Richards evaluating Sheen complaint; Richards regarding same and transmitting draft opposition to TRO email to Mr. 0.20 Hours Amount 1.30 1.30 0.10 0.30 2.00 0.20 2.00 0.10 1.40 0.30 0.20 0.10 0.40 0.20 Craig Nealis, City Manager 11/9/2005 MJ 11/10/2005 MJ JCC 11/14/2005 MJ 11/15/2005 MJ 11/16/2005 JCC MJ MJ MJ MJ JCC 11/17/2005 MJ JCC MJ 11/21/2005 MJ MJ 11/22/2005 JCC MJ 11/23/2005 MJ MJ 11 /28/2005 11/29/2005 MJ MJ MJ MJ MJ 11/30/2005 ERA ERA JCC JCC Letter from Ms. Libertino giving exparte notice; telephone call to Ms. Libertino regarding same with Mr. Cotti regarding same Exchange emails with Mr. Richards regarding TRO hearing; conference Review and revise opposition to TRO Conference with Mr. Cotti regarding exchange of papers; telephone call from Mr. Girardo of Kutak, Rock regarding TRO hearing Conference with Mr. Cotti regarding court appearance Prepare for and attend hearing on application for temporary restraining order Prepare for and attend court appearance on motion for temporary restraining order; telephone call to Mr. Nealis regarding outcome Poppytrail Exchange emails with Ms. Schwartz regarding bank inquiry regarding #1 Letter from Mr. Collins Review and revise declaration for tomorrow's court appearance temporary restraining order Draft Declaration of Michael Jenkins in opposition to second exparte for Court appearance on second exparte b petitioner abatement warrant and TRO; telephone allto Mr. Nealis ega d rescission of outcome Prepare for and attend hearing on temporary restraining order Exchange emails with Ms. Kern regarding inquiries about #1 Poppytrail from bank Letter from Mr. Collins regarding his intention to seek writ in court of appeal and request for schedule of work; telephone call to Mr. Collins regarding same Review letter from Mr. Richards regarding status Telephone conference with Mr. Richards regarding answer, affirmative defenses and potential meeting with plaintiffs counsel Exchange emails with Mr. Cotti regarding conversation with Richards and request from Collins for meeting; email to Mr. Nealis; telephone call from Mr. Reader Telephone conference with Mr. Richards regarding response to Sheen complaint Telephone call from Mr. Girardo regarding request from Collins for meeting; review letter to Mr. Collins regarding same; telephone call to Mr. Croft regarding all of the above; email to Mr. Nealis regarding all of the above; telephone call from Ms. Schwartz regarding same Review draft answer to complaint and cross -complaint against Association Review cross -complaint filed by Mr. Richards Email from Mr. Reader regarding abatement issues Telephone call from Mr. Nealis regarding abatement issue and inquiry from bank; review letter from Mr. Collins; email from Mr. Cotti regarding posting Review notice of appeal from Mr. Collins and letter regarding abatement warrant Research procedure for appeal of inspection warrant Research stay of execution of inspection warrant pending appeal Telephone conference with Mr. Gerardo regarding commencement of work pursuant to abatement warrant; writ of supersedeas Review letter from Mr. Collins regarding time limit to commence work; stay pending appeal; research regarding same Page 2 Hours mount 0.10 0.10 1.80 0.40 0.10 2.70 2.40 0.10 0.10 0.10 2.30 1.70 2.00 0.10 0.10 0.10 0.30 0.30 0.30 0.90 0.10 0.10 0.10 0.20 0.10 1.70 1.30 0.30 1.20 Craig Nealis, City Manager 11/30/2005 MJ Numerous calls with Mr. Nealis; conference with Mr. Cotti and telephone call from Mr. Collins regarding status of abatement and court proceedings For professional services rendered Additional Charges : 11/15/2005 Delivery Cost Total costs Page 3 Hours Amount 0.60 32.40 $6,636.00 56.00 $56.00 Total amount of this bill Previous balance $6,692.00 11/15/2005 Payment - thank you $4,962.00 Total payments and adjustments ($4,962.00) ($4,962.00) 9, 0) Balance due $6,692.00 Jenkins & Hogin, LLP Nlarlhattan Towers 1230 Rosecrans Avenue, Suiti0 - Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date December 31, 2005 Invoice Number I Last Bill Date 12967 11/30/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12967 Professional Services 12/1/2005 MJ 12/5/2005 MJ 12/6/2005 MJ 12/7/2005 MJ MJ 12/11/2005 MJ 12/13/2005 MJ 12/14/2005 MJ 12/16/2005 MJ 12/20/2005 MJ 12/21/2005 MJ For Review correspondence and pleadings regarding appeal and writ to court of appeal; telephone conference with Mr. Nealis (several) regarding same; determine that court of appeal has denied writ Telephone call from Mr. Croft regarding Sheen meeting Telephone call from Mr. Croft regarding meeting to discuss cross -complaint Telephone call from Mr. Nealis regarding #1 Poppytrail Attend meeting with representatives of JPIA and RHCA regarding lawsuit Telephone call from Mr. Richards regarding status of contact with Mr. Collins regarding inspection Review letter from Mr. Richards to Mr. Collins regarding inspection; telephone call from Mr. Nealis regarding same Review RHCA answer and cross -complaint Review letter from Mr. Girardo to Mr. Collins, pleading from Mr. Collins and letter from Mr. Hyde regarding cross -complaint Telephone call from Collins office regarding mediation in court of appeal; email to Mr. Richards regarding same Exchange emails with Mr. Richards regarding mediation professional services rendered Previous balance 12/12/2005 Payment - thank you Total payments and adjustments Balance due Hours Amount 0.70 0.10 0.10 0.10 3.00 0.10 0.10 0.10 0.10 0.10 0.10 4.60 $1,035.00 $6,692.00 ($6,692.00) ($6,692.00) $1,035.00 Jenkins & Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, Silk. 110 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date Invoice Number Last Bill Date January 31, 2006 13041 12/31/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #13041 Professional Services Hours Amount 1/7/2006 JCC Conference with Mr. Jenkins regarding duration of abatement warrant and necessity for an extension; telephone conference with Mr. Gerardo regarding same 1/9/2006 MJ Conference with Mr. Cotti regarding warrant issue; review letter from Mr. Girardo to Mr. Collins 1/10/2006 MJ Review letter from Mr. Hyde regarding document review 1/13/2006 MJ Review discovery and Sheen answers to cross -complaints 1/17/2006 MJ Review notice of OSC from court; research and conference with Mr. Cotti and Mr. Richards regarding same 1/18/2006 JCC Telephone conference with court clerk regarding OSC hearing 1/19/2006 JCC Prepare for and attend OSC hearing MJ Conference with Mr. Cotti regarding court appearance on OSC 1/25/2006 MJ Conference with Mr. Cotti regarding status of prosecution of cross -complaint 1/30/2006 MJ Review order from court of appeal regarding mootness For professional services rendered 0.40 0.10 0.10 0.10 0.20 0.10 2.60 0.10 0.10 0.10 3.90 $784.50 Previous balance $1,035.00 1/24/2006 Payment - thank you ($1,035.00) Total payments and adjustments ($1,035.00) Balance due $ 784.50 • leollin 3,614 September 28, 2005 VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT Mr. Yin Ching PROPERTY g Sheen Mr. Alan Sheen 1 Poppy Trail 1 Poppy Trail Mr. James Sheen Rolling Hills, CA 90274 Rollin 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrhPaol.corn Dear Mr. Sheen: At the regular City Council meeting held Monday, September 26, 2005, the adopted the enclosed Resolution entitled: City Council RESOLUTION NO. 996: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HILLS DECLARING THE CONDITION OF THE PROPERTY LOCAT ROLLING AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ED THE ABATEMENT THEREOF. ORDERING This Resolution was adopted following a public hearing to nuisance and ordering abatement of said nuisance pursuant to Rolling Code Section 8.24.050. Your attorney, Mr. Craig consider the declaration of a hearing representing you. This Resolution requires specific action Hills Municipal Collins, was in attendance at the public the owner of 1 Poppy Trail. P to be taken by you as Specifically, under Section 6, you are ordered to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten adoption of this Resolution, no later than October 6, 2005 and commence (10) days of implementation of the plan and performance of the corrective miti or before, but no later than October 10, 2005. Further gatioto complete measures on you are required t implementation of the corrective mitigation measures described in Exhibit enclosed Resolution, and again listed below, within 30 days thereafter, at of the 4:00 p.m., November 10, 2005. no later than Corrective mitigation measures include: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormw a terarea from locations above the headscarp of the landslide from entering landslide Page 2 if you do not lake any action within 30 days of adoption of Resolution No. 996 by October 26; 2(105, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling I Tills Municipal Code. 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, Craig R. Nealis City Manager CRN:mlk 9-33-05A c,,-Itr.dnc CC: City Council City Attorney Rolling Hills Community Association Sid Croft, RHCA Craig Collins, Attorney at Law (Via Certified and Fax) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Ross Bolton, Bolton Engineering • 0RESOLUTION NO. 996 A RESOLUTION OF THE CITY i RESOL TI T1iE CTHE CIT COUNCIL OF THE CITY TRAIL TO BE A PUBLIC NUISANCE AND ORDCRIN(,OIiF C ROLLING ['ILLS OF THE PROPERTY LOCATED AT 1 POPPY THEREOF.R TO ABATEMENT THE CITY COUNCIL OF THE CITY OF ROLLING I11LLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOIVS: Bettina 1_ Pursuant to Section S.2 . Manager d Mr. Alan 0:0 of the Rollin Hills commonly known 1Sh en, owner of that certain real Hillsprop l y in thel City Code, the City Hat wouldm only known , ♦ Poppy Trail (Lot 90-B-RH), to abate conditions in City p operty that renewed tension gg,avate and accelerate an l bate conditions cracks to prevent existing landslide. on his property sealing all debris from rac site, flattening The the headscarp demolishing slope,g covering guesthouse the entire e a ectdtormwaith UVom entering resistant plastic sheeting, ctrP to a temporarydrainage and installing the entire divert o rtide. the lands nsabove arp devicest e The notice directed that the measures be taken within 15 days of tide area from locations above the heads notice, otherwise the City Council would hold carp of the City Council Chambers he of u a public hearing the date inof the City abatement it h nuisance. sco. CityOn SeptemberHalltoheare, any the City. b e September might t 2005 protests the owner osted n might substandard a l e properly the property. site apprising the property owners of the unsafe and unsiohtleVof substandard p otonthepresitea g conditions that Section 2 ' No action to abate the nuisance has been taken b r. Consequently, on September actirn 2005, the Cityownead Council held a bythe property owner Manaregarding the property of the propanyerty otherinterested a1 Poppy public heaaindsobmjte evidence ace othat p rties Trail.o testify and submit r diddenot attend the public hearing. The Y participated in the hearing. property owner's att The Property owner not }, Craig Collins was present and Sect_. 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 landslide in the City of Rolling Hills. The Ianswimming Trail is locatedle in a pool, water feature, stable, tennis court and illegal nonconforming properly is improved with a single family residence, Inspections e. n active y uof the property demonstrate that the single family presently uninhabited. $guesthouse Y residence and guesthouse are b} the City, ith tFollowine g the activation of the lands engaged lide in on the property better understand y she structure the landslide early 2005, a interested parties to evaluateeterutheir options. A cwner's opy ore t co ndslide inorder to geologist the owner of 1 Po borings other tests FP)' trail. of the geologist's rep to enable 311 b port was provided to below and rests at the top of uractive' the found ai Currently, the foundation of the guesthouse is exposed damaged rin the landslide, and it continues to suffer dame •s from damaged was red -tagged The guesthouse's he ground d moves. Tae gue in its cued-taggndasuns`ife to occupy be the round b}' the Count •g m°t•es. The 2005 and Duen it its current condition, d eo,itcannot not be used; rther it is ofnLgs Angelesd n March % blight. rain will likely fall into inthecanyon. landslide, its conditiont�will only worsen, and and inwadjoining }on. Hence, the guesthouse causes visual properties, public utilities, g orsen, with additional roads and tails. e represents a danger to residents, deals, directly involved in d. The landslide. ewa) on and property non-functional. dice exposed ) on the drainage has major cracks and unmodified headscarpe willpspermit the intrusion tdevices, eon of raper exposed es are Portions nee headscarp open and exposed and u mods ied impact the stability o of the landslide continue roads and trails, of 1 P e landslide, that tt ill and ppytr. it as well as that of surrounding r b properties, the attached correspondencee 'all of the foregoing together or separately, safety. (Exhibit A) represent a as public nuisance and deat to in . nd a threattopublic Seep• On the basis of the foregoing, � and of the evidence contained in the record, the_ City Council finds and determines that the landslide condition b b, e on of the property at 1 Resolution No. 996 -1- 1'cvppytrail; the iition of the guesthouse, the open crevice. d fissures , and the expLN‘i irrigation and nage pipes and facilities separately and collectively constitute a public nuisance within the meaning of Sections 8 2-].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 allowing the above described conditions to remain unabated through the 2005-2006 winter rainy season, stormwaler will further infiltrate the landslide and property in the area. will further destabilize the property and the guesthouse, creating a danger to persons and Section 6. In accordance with the foregoing, and because it is the duty of properly owners to maintain their properties free of nuisances, the City Council orders that the property owner prepare and submit a written plan to the City within ten (10) days of the adoption of this Resolution providing for implementation of the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A); further, that the property owner commence implementation of the plan and performance of the corrective measures on or before October 10, 2005; and, that the corrective measures be completed by the property owner on or before November 10, 2005. In the event that the property owner fails to submit a plan and/or fails to commence performance of the corrective measures by the above described deadlines, than the City may, on or after October 26, 2005 perform the corrective measures at the property owner's expense as authorized in Section 8.2.1.060 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 tie 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 lire 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 September 26, 2005. PASSED, APPROVED AND ADOPTED THIS 26'" DAY OFSEPTF '.ER, 2005 Godfrey Pe e Mayor ATTEST: Ctafg R. Nealis City Clerk Resolution No. 996 STATE OF CAAVIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS The foregoing Resolution No. 996 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING DECLARING THE CONDITION OF THE PROPERTY LOCATED OCATDAT I 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 September 26 the following roll call vole: . 2005, by AYES: Councilmembers Black, Heinsheimer, Hill, stay Tern Lay Pernell. Mayor Pro T and Ala}'or NOES: None. ABSENT: None. ABSTAIN: None. Craig R. Nealis City Clerk Resolution No. 996 -3- Dear Mr. Sheen: 1?X117RIT A. September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Ying Chin Sheen Mr. Alan Sheen 1 Mr. Ching Poppy 1 Po Mr. James Sheen Rolling }tills, CA 9027a 1 P}' Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 PaO 2 PGgtueu(:.E EU+DgC. non ,,+G hills. E[llr. 57::. niot377.15.1 FL % ntol 377.,- E•ma.t La,00ngae4rw On July' 12, 2005, we sent you the enclosed corres , mitigation measures for yourproperty } correspondence informing you of safely that In correspondence for d t trec recommended bjlo our consulting 15, 2005.rn Top our knowledge, w these p e measures b geologist. September measures have not been performed a } e is darer s of this date. %\'e enclose updated safety mitigation recommendations from our consulting that are necessary to be implemented on your property to help protect agai t eulogist aggravation of the existing landslide as we approach the rainy season. These mitigation measures are outlined in the attached letter dated September I, 2005. Pursuant to Rolling Hills Municipal Code Section S.24.020 (••Duty of Owner or Possessor of Properly") place or area within the boundaries of the Cierson who itty shall, wns or lats rhin s orsher lown exof pense, maintain the property, place or area free from any nuisance." Rolling y property, Code Section 8.23.010 defines any condition on property that has or will aggravate, Hills 1\funicipal enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy your review. of both Chapters S.24 and 3.23 for Pursuant to Section 8.24.030, you are hereby directed to implement the followin measures in order to abate conditions on your property that will potentiall • ab potentially and accelerate the existing landslide: � 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert storm water from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2 notified that if you do not implement the nuisance abatement actions b September 005. 1'ou are hereby 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 beginningat 7:30 yn 15, Hills City Council Chambers, 2 Portuguese Bend Road. p m• in the Rolling you will be given an opportunity to present evidence to thelCitye Counciling goes regarding forward,t conditions on your property and regarding this abatement orde� the Resolu t ion No. 996 -4- Page 2 11'c have forwarded this regarding property.d correspondence to all of the known l that this ar i thise letterthat tb o ii addresses leie to Mr. Collins sthlthe a if ,• youonidiega ntthatilisnot We have 1\e have to)ted in thisthee tee• at that it is notor received e also posted Iencr a Should t the properly. at the you wish to discuss this further, please do not hesitate to call. Sincerely, 5;1/1-64 Craig R. Nealis City Manager CRN:mlk 09 9.05:7,.Y,rkr J• . cc: City Council City Attorney Lolling Hills Community Association ig Collins, Attorney at Law (certified) Mike Reader, Croup Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer Resolution No. 996 -5- C.I:OUI' • ID E LT,\ September 1. 2005 Project No. L-599 DI City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City !Manger Subject: Pre -Road Construction and Site Winterization Recommendations. AN and Temporary Access Roads Poppy Trail Landslide Rolling Hills. California Mr. Nealis: As requested. GROUP DELTA CONSULTANTS, INC. (GDC) is this letter to provide pre -construction and winterization recommendations related to the construction of the ATV road Trail Landslide and the lower access road. Currently. GDC is in the process of installing inclinometers in observed the following: pleased to present for construction across the Poppy the landslide and On September I. 2005. during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by. there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the Iandside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. •uuu•rmrrneh- co • .. .. ,i Resolution No. 996 199 1111:Our na.p n, he Gun, eli-n • IS. toy. PRE -CONSTRUCTION AND lVINTERIZATION RECOMMENDATIONS Recognizing the emergencyion aspect of pre -construction the Poppy Trail Landslide.r1 is eco of the be taken during the construction of the AN and proposed r commended that several oadaz}s the temporary e eral steps I. A small bulldozer should ry' access roads. developed 11 be used to seal th wev time the prevent water infiltration, e me,renthe lacks a y could grow tar . Al this time, the cracks that cracks and ack ger. This can achieved cy ks are small but the crac should ae be comp by pushing rolling the soil to a tight compaction. soil into loose soil compacted with a bulldozer The to materials. to seal any a °( the fractures and 2. The guesthouse and landslide head o persons traveling on the AN and scarp persons traveling temporary an emanate Therefore e danger the should be demolished. rY access road. stockpiled above the head The d should ore demolition debris should not be removed, the landslide head but taken offsite.e rock and ead scarp should be flattened or the guesthouse o reduceedu be debris fall hazards from i le placed on the uphill horizontal to 1 to may fall from side of the the scarp- q temporary above the head scarp. ATV road to catch any ry fence retaining large boulders or debris. P The fence may not be debris that 3. Before the rainy suitable for the head scarp season. W resistant p to the AN road and from tastic sheeting r should over be landslide to prevent water from the ATV placed over Laerndon. Aker the entering road the toe of the abandonment b the landslide mass and After coin nment of the the eventuallyu be and completely covered u' ATV road, the landslide prevent from the laidback head de plastic extending slide should plastic sheeting should be scar g over the edges from a diverted scarp the toe. Drainage p gal r accumulating on the landslide from the off the access road below e ondsli ec t prevent Poppy Trail, e mass and to protect the water temporary 4. Temporary, measures should b paved slaps ditches and be installed to divert any makeshift drainage areas above s water collectedSandan the catch basin made of sand the head make or PV bags in a shallow scarp• a corrugated bags, metal oe. 7V pipe or an "industrial pit beaed gt' a he drainage devices should sock drain" a corrugated pups away ould n� could used water beyond from the landside convey collected u• for this the theism access road Care should water dory the toe of the landslide. be taken to and not to allow the water convey the to enter the 5. o Amore cmplete inspection landslide coaro the should be guesthouse and made of the areas tennis court areas. /Measures should Porily rr_,1 t n..hJt C;y or son,nc11,11. Resolution No. 996 -7- be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data .�itl help determine the stability of the landslide. Closure 1--599 1111/ I. _r Ikli3 Cnn.cll_ntt.Inc 3 Poppy Tr,.l 1.ur;:Iisk c;ry r.r knllnit HMS This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring with the conclusions in this report or provide alternate recommendations as deemed appropriate. CROUP DELTA Resolution No. 996 -3- C: t: otiP r 4. aTzFvlTA Group l)U . GwL4enic. Inc. a Poppy Tta.l tuna>6dc If you have any questions, or if we n cci)• of Rulrns Hats at of contact Group Delta Consultants. Inc. 310-3rZ0er-5100.00. please do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SIC for !like Reader Alicluel I). Rader, \'I', GE Steven 11. hol010ff, PG, CEC �.'hujr:b law Rcr l99 Rnllmg ILII rorf)' T:ml LnnJtL,�l.a hnJ�LJc-nln RrL• .?Joe S91 Pn+ry TmJ SLdc_Dwunlcnn•(.!99 RII PITry T,al Resole Lion No. 996 -9- 0/ Po o /2' ,r r, JJ,, / COQr RCY FER,:EEI. b b S J,Of 8 ALLEN llr ova", F,0 7,.+r OR. JAMES FUCK Cnunc.rmfm-a, THOMAS F•MEo:S,•Err.'CR Counc.rmrm;f, rRAr1K E. Nql Counc.rmrm:,., •r .. :I:GIj• • .: r.: r:•. NO 2 ror:ucut_E ECt:pv.:O not to,q r, rlts C'Ur cg_;, U+Q1377.15:t rax 17101]:7-77Se E ma.i cn,oi,n.: aol con July 12, _2005 Mr. Yin, Ching Sheen 1 Poppy Tra i l Rolling Hills, CA 9037-1 Dear Mr. Sheen: On 1\ larch 22, 2005, the City received the attached recommendations consulting geologist for immediate safe( • endations from yourgeologist o As } mitigation measures for the our ifnvolving he lvingy of Rolling property. you recall, at that time, land movement agreements Hills to complete several you provided access es completed mitigation measures number 1 and 2 (2.0 oreements p e -eral of these mitigation measures. The City RECOMMENDATIONS) described in the attached letter. TERM Mitigation measures number 3, -1 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on re15, 2005.estt Please letm us know i( p priortoSep can te this work now you require any w th finding aco t actor thataottr property. t. 7th fins ing a contractor We look forward to your completion of this work. Thank Sincerely, you for your Cooperation / A Craig R.Nealis City Manager CRN:m Ik tl,-r r.o;-ar„ratr..cr cc: (dike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- ( March 22, 2005 Project No. L-599 [' A. 7-i-pIi7 City of Rollin• g Hills . 2 Portuguese Bend Road • • Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA this letter to provide DELTemergA CONSULTANTS, INC (GDC) ispleased Landslide of March y recommendations related to he Poppy present recommend of ons ace outlined b0 , Our understandin the ct Trail geologic mapping, We have g of the project and Pp g, subsurface not as yet anaperlyses or any detailed calculations. Rather, our role has opnl� ration, laboratory analyses or engineering basis t aid in Chr. y been to advise the Ci n emergency basis toeai evaluating the overall safety of the subject slide o ndanthe affected As such, this letter is based only on our observations, geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope, 1.0 SITE SUMMARY On March 11, 2005, Homeowners GDC was contacted by Mr. Roger Vink of occurred the da Association to perform a site reconnaissance f the y before advice the City Rolling HMIs e reconnaissance on and1 h' regarding its a landslide that occurred that completelynMarch blocked,2005, it k condition. During ani sl the si as noted that a significant landslide had " 1 Poppy Trail guesthouse. Poppy Trail near Portuguese Bend Road, # 1 wide, with l head scarp The landslide overall measured about 300 feet long, 1the guesthouse. of about 30 feet vertical below the home Poppers y Trail has been over -ridden by the lower graded pad of accessc trail located down slopen Poppy Trail, the Home e slide debris. To provide h from the current road. Association was using a ResoIution No. 996 -11- L -l. • 1'or•ry Tr.iil 1:.J.GJ: The slide mass has numerous fractures. c; nr v.,•lii„s IN,Ik observed d to attend de mostly in the central depths estimated to be up portion.slide that displaced and removed a paved to 20 feet dcc t were displaced the P ed drainage swale near mid -slope. P- The slide has also guesthouse foundatioli which has been e>poscd nd he head s Angeles County officials, carp falls red tagged by Los Many irrigation lines and portion of the lines Irrigationc elinc paved slope drains were portion footing noted in tl,e coital and wall debris were collector pipe for roof runs(( ne xt to the g area of the guesthouse Since the original site visit, local resident s have constructed an access road was used to drive tredhe e blockewith d residence essided encellautomobiles intoess road areabeonw the other side of the tandside and to attempt aneous Base (C/tf3)• This new n ‘hhi s d use. e h to im r v a safeA florescent light Lights have been stun g p a e the road for All cords andi g A water hose was found alongthe trail with we` h water The hose was used for dust control and for the residences to attempt the trail with water pressure. proper compaction of the sand and gravel - to achieve 2.0 SHORT-TERM RECOMMENDATIONS CrrenCurrently, GDC is in the process of tslandslide. However.in at performing detailed mappingthatseveraluest and drilling of the recognizing the emergency aspect of the 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks where the onris r someone have developed to prevent w ass water infiltration achieved and to pushing soil into the cracks and slipping falling, This can b g the soil to a o achieved by 2. Darin tight compaction. During the bulldozer grading the resulting surface should drainage remnagd, Any large trees and brush on the slide should be sloped for The City should consider puttin temporary a cut athe e the head scarp and a catchment fence along d ryfencing toe of landslide behind the 3. With time and weather placed the ead permitting. UV resistant plastic sheeting topt water hfead m scarp and in the two graben areas as a should be The preventw should entering the landslide mass and to minimal erosion. ction Then landslide eventually be completely prevent over the edges of the landside, covered with the plastic sheeting should be diverted away Drainage off of sheeting from the landslide to the plastic accumulating on the landslide mass and to r prevent cum road below Poppy Trail- protect the temporary access 1.)FLT, \ r:.T,PrT>rT7 Resolution No.996 -12- t-<.)) • Gil op 1),I13 c, ,,., ti.,,,i>. 1 • I) f: I T,\ 3 t'',rry T,.,,r t.,J• j, 4. Temporary measures should be installed to divert any r" ted they paved slope ditches. Sand bags, a makeshift ) meter collected bags in a shallow eshift catch basin on the pit and a corrugated metal or PVC made of sand sock drain" could be used for this rC pipe or an "industrial sock d collected waterbe down the slope The drainage should c taken ecte to convey ds devices should Pe away from the landside mass. Care to allow the water to enter theetoetof heer 'ond the landslide current access road and not 5. A more complete inspection should landslide around the guesthouse and tennis e coue of the be taken to prevent any runoff from areas above the court Measures ghouo the landslide. the properties above from draining This includes runoff from the roofs• into drain inlets and into paved or unpaved ditches since the outlets are 9 onto may include e of sandbags. unknown 9 installation ^ at this es. The sheeting. temporary re -grading, (which could ref temporary popes and even redirecting quire removal plastic the roof gutter down spouts ° aI systems driveways) diverted away from the landslide m into ass. pipe systems and 6. NOTE: •The to. of the slide is a n This scar. The hito unstable and near vertical sloe about This .lr, is sheetin. care should taken 30 feet hi h. or sandba..in. durin..s bulldozer scar., or endan.er .crsonnel by to not of the further destabilize the uorkin. too close to the to. or bottom As part of the first phase of this emergency, GDC will drill 2 to 3 Since the landside might not be accessible, the borings landslide to determine the stability bucket auger holes. LThisand data will help of the temporary 9s will be drilled below the determine the soil and rockquality accessnroadif and onf Po landslide. Aerial photos will be anal quality and if the site is on a larger would be drawn based on the ma analyzed as part of this first phase. would mapping. down -hole logging Cross-sections ry. Thin data will be used to select locations and depths for borings. and observed landslide Resolution No. 996 -13- Cootp Co,i.0 lr.i"Ir. b.c. .. -I ri•pry Trtd LinJ.liJt Ciry or P.• IGoq I Idk Closure This letter summarizes the opinion of GDC. letter the es de • based on the limited w•;_ observation ofW conditions and the limited review, ll' subject e have not as }et performed any °f the subject subsurface exploration, laboratory analyses or engineering detailed role has only been to advise the City n geologic mapping 9 Bering calculations. Ratti our overall safety of the subject slide and the affected residences. emergency basis to aid in evaluating the based only on our observations, preliminary As such, this letter is judgment, and a cursory f geologic reconnaissance. regarding the history oft e subject soppebllshed Ce• professional geologic reports and. City records 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 Dlichacl D. Reader, VI', GE 4390 811 rcrr. Tnd Land,LJ - Lcun RT.,” .l „ELT.\ Steven I1. KoltIrnff, PG, CEC Resolution No. 996 -14- L -5•y9 • Group Di Icr G•u,nli.�r•rc. h I)1t-TA rte: rrrriii 5 Group Delta Consultants, Inc. 1.599 Par}y Tsai? Lanld;de O3,24 2005 name r•r•PPy Tra.I L:n,J.I;Jr City ofRolling /MI, Resolution No. 996 -la- Group , r.r (-un rJ,.n:r. Inc. 6 • 1 "fi y Tr.nl L.iml•li..'t City of 11,44.: I hlk AEIti;\I. 11101'0 OP Ir0pI•Y TIt1II. 1..\NI)I-SII)I: AREA (I'htr(a Alarch 2(1(14) Fesolution No. 996 -16- ROLLING HILLS t-IL:JICIP;,,L COLE Sections; Chanter 8.24 ABATEMENT OF NUISANCES 8.24.010 Nuisance defined. 8.24.020 8.24.030 Duty ofto`''abater r possessor of property. Notice 8.24-040 Notice to abate nuisance. 8.24.05 ecisinuisance— He and d Contents. 8.24.060 :abatement bY on. 8.24.070 Lien. city--tJotice of 8.24.080 charge. Charges to be billed on tax bill. 8.24.090 Court action. 8.24-100 Summary abatement. 3.2x.0]0 Nuisance defined. For the be defined as anything �vl�ich is injurious to health or safety, h thed n purposes ofs this s a indecent or offensive senses, or an obstruction to the free use property to property so as to obstruction interfere with the comfortable us ofprpert or or is or obenyve realunl obstructs the free assn enjoymenty injurious to the properly, or of and at r passage or use, in the customary af life or pa ny street, or and affects of same time an entire community Hera of c persons, although the extent of the oy neighborhood, y sheet, individuals may be unequal. annoyance or damage or any considerable Notwithstanding be inflicted upon ordinance any any provisions of this chapter, the city council may particular condition constituting a nuisance. (Ord. 190 § ( art , define by R.2a.O?0 Duty of owner or Possessor ! P ) 19S1). in possession an of hisossero1n❑ of a ypro property, ro erty. Eunda person oft whothe P y, place or area within the boundaries the owns at (Ord.190 expense, maintain the or is §1(parx), 1 n5e). property, place or area free from anyCny shall, . nuisance. R.2 -t•030 Nntice to abate nuisance nuisance exists u ce. Whenever the nuisance e er may any property, place or area within the Council s o the determines that a Cty la area to abate y otife in nisa writing within the wnteen days a boundaries of the placeonoticesharl begiven by personyfr in the dateon the the notice. Th e registered or certified mail addressed theth of or p espropon in possession of the property, place or area a t his last known addtoress. re the owner 190 1(p rt 1981). (Ord. §1(part), L24•0-10 Notice to a The nunuisance is notabated oor abate nuisance —Contents. isance is the good -faith efforts towards abatement not beence shall tmad t tot he shall be held of the City Manager within fifteen days other heldtbd the City Council to hear any festrom the f hawterpos,a made to person. The notice shall specify protest the hearing the time, date owner, possessor or and place of the hearing, Resolution No. 996 -17- wpith be <<•t for the regularntcctirt • • • of the fi leen-day period. (Ord. 19 b °( the Council next following the expiration S?-I.nSn i lrarin • and decision. effotis towards abatement hat i n. If the nuisan City e not been made within the time sce is ec t fortabath in or good faith 30 the } Council shall conduct a hearing , set teeth in Section City n ue may be suonduct b bat the lime ,red place fixed in the notice . t which evidthe en ecil ma y interested evidence, ydeclarethe condition to onstituteai publicnuis econsideration of theand aba lenient IhereoL The decision of the City notify all t thenowners and y Council shall b nee and order the the Council. (Ord. 1°� assessors of the subject properly, e eo 1. The City Clerk shall � i(part), 19S1). p F y, place or area of Ole decision of 8.?-1 .00� of f1 Abatement by a person notified pursuant to c t,•--Nintice of char 'e. (] after the dale notified notice, the City Section 8.24.050 to a Upon failure, ere within thirty t days nuisance and pay y Council is authorized to caue the Ill p•) for the abatement. The City owner or possessor of the )Council shall ne abated b • theCit • property, place or area u, notify, in writing, the ) of the cost of abatement. S pen which a manner as required by Section � Such notice shall b nuisance has been S.24.030. (Ord. 190 e given in the s, �1(parl), 19S1). same S.2 -I.0%0 Lien. paid----_ If the total cost of the , paid to the G0 Li full f the t ten o . abatement of the nuisance to the in days after the date of the notice ce bcoheft • of the metal theCit clef k shall record, in the office of the C y of the cost of the is not of e tot and then ante to the City, a legal description of the S recorder, a in e of the owner or statement balance due will possessor place or area recording, fd n theod effect until the constitute a lien on the From the date of snti in fuji force r legal rate accruingnt e entire amount due, to property. ther ith The lien will continue in full. (Ord. 190 §1(part), from the date of the completion of the tabatemenl is § (part), 1981). paid • S.2 -f.0,40 Char es mo he billed on lax bill. the prov.24.0soCthe lat,softhe Stde, The City may s abating nuisance cause the am Y • ! o, in accordance toiii, 6 a ce to ether with interest at the maximum due al rat City date of the completionS Y y real of the abatement, to he m legal rate, ofth °n property, its place or area on the next regular tax charged to the accruing from the collection the City hill. and I laws g towners of the the ley, tole collection and enforcement these of the State hereby d the levy, charges. (Ord. 190 § (pat) 19S1) taxes are hereby made a Ii.2-1.09 ) applicable 0 Court action. The City court of competent jurisdiction, t e collect ouncil may bring appropriate coof u t nof byet me jurisdiction, and to foreclose any amounts du eas of the b ino a Notwithstanding the provisions of this chapter, the City for such reason the abatement existing and actions inp a court of competent amounts. aendti criminal ng i thin the jurisdiction for maybatement of any nuisance civil 1951). Cilypursuant to any other provision of law. y nuisance (Ord. 190 § 1(pa rl), 8? -1.1p0 Summary abatem Notwithstanding the CityCouncilmay abatement. Notwithstandin any y cause a nuisance g • )pier the City of this determines that the nuisance creates an emergency be summarily abated if the chapter, de threa determines ese athephysical nuisance e crof ee ° u►;mo Sency condition involving population. Prior to abating olt ing • h eC City the the City Resolution No. 996 -1S- Sect inns hnagcr shall attempt to notify the owner or possessor involved of the nuisance andre+)ueSt him to immc+ ia yabaf the the sole discretion of the City i' tely property, f-'1'�ie. oraret Council, the owner or possessorL fte the ' lf, orarrc containing the nuisance which creates an emergecy condittiion fails to lake immediate and meaningful steps to abate the nuisance, the City f the property, -place ora;Ca the cost of abating such nuisance to the owner or possessor } } abate the nuisance and charge area involved. The City shall notify in %%riling the ownerrp the tro,, place or area upon which a nuisance has been abated by the City, ofE } uhe o . st of said or abatement. Such notification shall be g n possessor of the properly, S.24.030. the provisions of Sections S.24 .070 inS.2-thl same manner as required l he app Section (Ord. 190 §1 (part), 19S1). O and S._ 1.090 shall b > applicable. � i}.pliiablc. Chanter R.28 ABATEMENT OF NUISANCES IN ACTIVE rIVr LANDSLIDE AREAS 8.28:010 Nuisances in active landslide areas. 3.28.020 Abatement. 5.?S.O10 Nuisances in active landslide areas. An the City which has in the recentpast or may y condition on accelerate an active landslide is eclared to ,in the future aggravate, enlarge propertyo within this chapter, an active la landslide e a public nuisance. For the purposes s this h. lide is defined as land which is p }on its of (Ord. 190 §1(part), 19S1). sliding or moving on own 8.28.020 Abatement. Any condition declared to be a public nuisartieby Section S.23.010 shall be abated or corrected in accordance t. ith the provisions of Chapter S.24. (Ord. 190 §1(palt), 1951). p resolution No. 996 -19. • • °pet& _Am September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying ChingSheen Mr. Alan Sheen 1 Poppy Trail 1 Po Rolling Hills, CA 90274 ppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: NO. 2 PORTUGUESE EErJD ROLo nOLUNG Has. CALIF. 90274 (310077-1521 1 FAX JJ10J 377.7288 E-me't 61)01ih? aol COm Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On Jul 12, 2001 Y we sent you the enclosed correspondence mitigation measures for your property recommended 6»ce informing ,} at correspondence, e requested p that °U of `ifet you implement theseby measures geologist. In September 15, 2005. To our knowledge, these measures have not been by performed as of this edaber We enclose updated safety mitigation recommendations from our thatthat are necessary to be implemented on aggravation of the ebe ng your property to help protect consulting s geologist measures are outlined in the�aanttachede as we letter Se the September 1, against dated ptember 2005. Piece mitigation Pursuant to Rolling Hills Municipal Code Section 8.24.0�0 ("Duty o Possessor of Property") "every person who owns or is in possession place or area within the boundaries of the City shall, at f Owner or maintain the property, place or area free from any nuisance." P ssion of any properly, his or her expense, Code Section 8.28.010 defines any condition on property t has .Rolling enlarge or accelerate an active landslide to be a public nuisance Hills Municipal pursuant to Chapter 8.24. We have enclosed a copy or will aggravate, your review, of both Chapters o abatement P 8.24 and 8.<Sfor Pursuant to Section 8.24.030, you are hereby directed to implement the measures in order to abate conditions on your property that will potentiall gng gly aggr and accelerate the existing landslide: avate 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert storm uvater from entering landslide area from locations above the head scarp of the landslide, The above measures must be implemented by September 15, notified that if you do not implement the nuisance abatement 2005. You are herebyt actions by September 15, 2005, a nuisanceabatement hearing will be conducted before the regular meetingon Monday, September 26, 2005 beginning at 7:30 Hills City Council Chambers, 2 Portuguese Bend Road. City Council at its you will be given an o p.m. in the Rollin g opportunity to present evidene to theCityhearing regardinge riconditions on your property and regarding g b this abatement order. the I'age 2 We have forwarded this correspondence to all of the known addresses we have regarding this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event addresses listed above. We have also posted this l thetterat the et it is not received at the properly. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 03-?9-05shrr,i-It r.dnc cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer GROUT' September I, 2005 Project No. L-599 D I DELTA - City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide pre -construction and winterization recommendations related to the construction ofteATVroad accross the trPoppy Trail Landslide and the lower access road. py Currently, GDC is in the process of installing inclinometers in the landslide and observed the following: On September I, 2005, during while installing inclinometers on the midsection the Poppy Trail Landslide, it was observed that the landslide was still moving,s evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. l:. GROUP DELTA r�•,:�Y . u.IAa L-599 1)1 Group Delia CLm 1111an1s. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the loose soil materials. landslide should be compacted with a bulldozer to seal any fractures and 2. The guesthouse and landslide head scarp persons traveling on the ATV and temporary access road. Teherefdanore [he guesthouse should be dernolished The demolitjo debr5 should notthe be stockpiled above the head scarp but taken offsite. After removed, the landslide head scarp should be flattened tolthorizontaloto51 to reduce rock and debris fall hazards from the scar should be placed on the uphill side of the ATV road to catch any debristhp. A temporary `t may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed Over the head scarp to the AN road and from the AN road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent war er access road below Poppy Trail from accumulating on the landslide mass and to protect the temporary 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road 'and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should p`'ppy Trail LxidIidc City of 1:ollinglIill L-599 DI LGroup-599 Consult;:ms. Inc. 3 Poppy TrailL:ndaidt City of Rolling 1{ills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this gradin GDC inclinometers to monitor landslide movement during g' T is installing 3 determine the stability of the landslide. grading. This data ���II help Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with standards using that degree of care and skill ordinarily exercisedl under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are de contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they v111 be required to assume complete responsibility for the geotechnical phase of the project by the conclusions in this report or provide alternate recommendations nasrrd timed appropriate. GROUT' DELTA C�.]S,:git.i7A L-599 DI LGro;ip-599 Dcltz C nnullanls. Inc. .} Poppy Trail t. .Wiidc City of Rolling alas If you have any questions, or if we can be of further service, please do not hesi contact Group Delta Consultants, Inc. at 310-320-5100. ta(eto Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SK for Mike Reader Michael D. Reader, VP, GE Steven It Kolthoff, PG, CEC N:'Projects1500.599'.L=599 Rolling !till Poppy Trail Landslidc'1-599q Poppy Trail Slidc'.Docurncnrs.L-599 P.II Poppy Trail Landslide - Lena Report r2.doc CROUP • DELTA • GODFREY PERNEIL 0 0 S. Mayor B. ALLEN LAY Mayor Pro Tern OR. JAMES BLACK Councrlmember THOMAS F. HEINSHEIr.7ER COunc;lmember FRANK E. HILL COuncilmember • opeom„ IJO. 2 FOFaUGt1SE BEND ROAD `OL UNG HILLS. CALIF. 90274 I31013;7.157 I FAx:131013;7.7288 E'ma.I tdlohh.;aol corn July 12, 2005 Mr. Yi ng Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: On March 22, 2005, the City received the attached consulting geologist for immediate safety recommendations from consulting ilea your property. mitigation meal land our for the City of Rollingoe y. As you recall, at that time, measures for completed ofmitigation Hilsto complete s you movement P several of these itiprovided access agreements completed D�T101�►5 measures number 1 and 2 (2.0 SHORT mitigation meas described in the attached letter. ERI\i ures_ 77,eCity MitigMitigation measures number 3, -1 and 5 still need to be at you tocomplete these 4 a re15, uest2005 Pleaselet know if completed. prior to September mitigation measures ors can complete this work on youroro erty any assistance �` with ` to September property. � a contractor hit Sincerely, We look forwardto your completion of this work. Thank you for your cooperation. fig Craig R. Nealis City Manager CRN:mlk U7-11-0; : h, •or-ll r.,foc cc:. Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Ross Bolton, Bolton En 0gine Consultants gineerin�� CROUP March 22, 2005 Project No. L-599 DELTA - City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. this letter to provide emergency recommendations related d DC) Itolthee o present Landslide of March 1 1, 2005. Our understanding Poppyt Trail recommendations are outlined below. We have of the project and not as yet performed any detailed geologicmapping, subsurface exploration, laboratory s or calculations. Rather, our role has only been to advise the nCity eon an emergency basis to aid in evaluating the overall safety of the subject slide and the affectedy residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slo e. P 1.0 SITE SUA1MARY On March 11, 2005, GDC was contacted by 1.1r. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During t he site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred Poppy that completely blocked Poppy Trail near Portuguese Bend Road, below Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded padof the guesthouse. Poppy Trail has been over -ridden by slide debris. To rovide access to homeowners on Poppy Trail, the Home Owners Association was u horse trail located down slope from the current road. using a 4 4 N1WW i r011l`t)t t (-(`f11F DELT,\ Poppy frail Laikblils Grorir Delta Conmmlranrs. Inc. City s The slide mass has numerous fractures, mostly in the central ion r that observed to extend depths estimated to be up to 20 feet deep. Theisli that wereso displaced and removed a paved drainage swale near mid -slope. The head p. slide has also within the guesthouse foundation, which has been exposed and red tagged falls Angeles County officials. by Los Many irrigation lines and concrete paved slope drains were noted in the cent portion of the landslide. Irrigation lines, a collector pipe for roof runoff next theal guesthouse footing and wall debris were noticed in the area of the guesthouse to 9 h foundation head scarp. Since the original site visit, local residents have constructed an access r Poppy Trail which was covered with Crushed Miscellaneous Base (CMB road brow access road was used to drive the blocked residence automobiles into a safe area the other side of the landside and to attempt to improve � This new Vehicle A g on ( T� use. Lights have been stung along p e the road for All Terrain florescent light bulbs. A water hose was found along e trail trail with cords and The hose was used for dust control and for the residences to attempt proper compaction of the sand and gravel. Ater pressure. p to achieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling landslide. However, at your request and recognizing the emergent aspect of the situation, it is recommended that several steps be taken. Y of the 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration an remove the risk of someone slipping and/or falling. d y pushing soil into the cracks and track rolling the soil oha tight compaction is can e achieved by 2. During the bulldozer grading the resulting surface should be sloped drainage. Any large trees and brush on the slide should be for removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. he 3. With time and weather permitting; placed over the head scarp and in the two grabenplareas as aeti n should be to prevent water from entering the landslide mass and to minimal ocsiionon. The landslide should eventually be completely covered w. p rey ent ero extending over the edges of the landside. Drainage opi the plastic sheeting should be diverted away from the landslide to prevent watef the r the temporary accumulating on the landslide mass and to protect from road below Poppy Trail. ry access 3 Gr 'ti� Doha Con>tilianN. Inc. Poppy trail L:md lilt City of 12ol16;11:11s 4. Temporary measures should be installed to divert any water collected on Ihe paved slope ditches. Sand bags, a makeshift catch basin made of bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away should be taken to convey the water beyond the current acccesdse r ad as' Careandto allow the water to enter the toe of the landslide. and not 5. A more complete inspection should be made of the areas above landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets andi nto paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The to of the slide is a near vertical slo e about 30 feet hioh. This scar is hi hl unstable and care should taken durin an bulldozer work .lastic sheetin or sandba..in, scar. or endan.er .ersonnel by workin. tonot �oserto the tther o de -stabilize the of the scarp or bottom fps part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data uill help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. DFLT:\ r[fi ..14 IEEE LTA L-599 Group I)clt:r Cons! ihanis. lnc. Closure -t I'opl,y rr:ul L:rJ'lije City ofKc lliutlhlls This letter summarizes the opinion of GDC, based on the limited walkov observation of the landside conditions and the limited fev er and references. We have not as yet 1e�v of the subject subsurface exploration, laboratory analysesore aneerinydn g calculations. Rather, our evaluating the tailed geologic ma in role has only been to advise the City on an emergency basis to aid in pP g overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary judgment, and a cursory review of published geologic reports and' Cityyfrecods regarding the history of the subject slope. g g p records If you have any questions, or if we can be of further service, contact Group Delta Consultants, Inc. at 310-320-5100. please do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC L � Michael D. Reader, VP, GE L-599 RII l'c'ppyTrail Landslide - LencrRcpon cI Steven H. Kolthoff, PG, CEG n AERIAL PHOTO OF POPPY (RAIL Lr\,N'1)LSI1)E ARE, (Photo !larch 200-!) ROLLING HILLS !•SU?JICIPAL CODE Sections: 8.24.010 8.24.020 8.24.030 8.24.040 8.24.050 8.24.060 8.24.070 8.24.080 8.24.090 8.24.100 Cha ter 8.24 ABATEMENT OF NUISANCES Nuisance defined. Duty of owner or Notice to abate possessor of property. Notice nuisance. to abate nuisance --Contents. Hearing and decision. Abatement by city --Notice of charge. Lien. Charges to be billed on tax bill. Court action. Summary abatement . s•? -1.010 Nuisance defined. For the purposes be defined as anything which is injurious to health orosafet chapter,f this a " to the senses, or an obstruction to the free use of property or in'u . nuisance:sl�all to seas s, as interfere with the comfortable use y- o j r otdecer�t or stabilityen t'e injurious to the erl r of unlawfully obstructs the free passage or use, enjoyment and affects r same anentirecommunity J Yment of life or properly, g in the customary P per►}', or a number of persons, time the extent ofm the annoyance y manner, of any considerable e or neighborhood, or any individuals may be unequal. or damage inflicted upo Notwithstanding any ordinance anypar provisions constitutingofthis chapter, the cif a nuisance, city council may define by 3.2-1.020 Duty of owner or ossessor (Ord. 190 §1(part), ]°31). in possession of any of ro ertv. Ever his or her possession of maintain lace r area within the boundaries y ps offt the City o�vnl, atte (Ord. own vnet), 1931). property, place or ea ee from any shall, nuisance. 3.2.030 Notice to abate nuisance. Whenever the City nuisance exists upon any property, place or area within the boundaries City 1\fanager may notify in writing the o�vr�er or Council determines that a place oanaea toabate the nuisance within fifteen da : onofof the the person in the dateon the the ice he notice shall be given by registered or certified mail addressed }s from the of notice. The possession of the property, place or area at his last known address. (Ord. 190 1931). person in §1(parl), 32•1.0.}p Notice to abate nuisance - nuisance is not abated or good -faith efforts towards abatement nuisance —Contents. The notice shall state that if the satisfaction of the City Manager within fifteen days from the date shall be before the City Council to hear any protest t not been made to the other e heldt perthe The noticeu l to of the owner, a hearing specify the time, date and ' possessor or place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fi fteenday period. (Ord. 190§1(part), 1951). S.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 5.2-1.030, 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), 1951). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 3.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is au►horized 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 5.24.030. (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 orarea 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), 1931). 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 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, theCity • Manager shall attempt to notify the owner or possessor of the properly, place,urarea involved of the nuisance and request him to immediately abate the nuisance. lf, 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 nu isanceand 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 properly, 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 S.2.1.0i0, 8.24.0S0 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chanter 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 its own accord. (Ord. 190 §1(part), 1981). on 8.28.020 Abatement. Any condition declared to be a public nuisance bySection 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter S.24. (Ord. 190 §1(part), 19S1). i i i i 111111 i 7005 1820 0008 3440 6730 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 m 0 m 7005 1820 000.8 H f',4E"1:" 2o= .. _. J�=(`�''�'h, ° a c'jj{ �"r1j�j}% (j-a ! MM. ir4c, o� i-L`=i IAa,Mf�Y7u} 1 E c t Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P Sent To Street, A or PO 134 3/a-alo 6 Postmark Here Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 city, staff _ Los Angeles, CA 90017 A. Signature X • 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: Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 2. Artic (Tray ❑ Ag Ieit ❑ Addressee D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. S ice Type Xi Certified Mail 0 Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7005 1820 0008 3440 6730 1 Po Tlecol ❑ Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r- N O m D 0 D 0 ni a 0 0 N C3 m Postage C3 Certified Fee Q (Endorsement Receipt j Fee Restricted J 1J Required) Fee 4 :1 (Endorsement Required) To tal Post L.r7 �enr ro `R Mr. Alan Sheen s -ueerA^ 1 Poppy Trail orPpB c;iy SOW Rolling Hills, CA 90274 c CIT Y OF ROLLING HILLS T. 3/da/o. 6 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 mailpiece, or on the front if space permits. Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 1. Article Addressed to: 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 ® Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7005 1820 0008 3440 6747 PS Form 3811, February 2004 Domestic Return Receipt IPa yTVOtI Nol-ice 4 3j12(0 102595-02-M-1540 • • City ofieo Pf,•..9 .Jhff INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 1, 2006 VIA CERTIFIED AND REGULAR MAIL 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 Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen and Mr. Collins: At the regular City Council meeting held on September 26, 2005, the City Council declared a public nuisance on the property at 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 the property owner, therefore, after appropriate notification to the property owner, and after issuance of an abatement warrant by the Superior Court, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 8.24.060 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 for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 10, 2006, 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 Council, if any, in full within ten (10) days of Council approval. f rrtied or, Recycled Paper Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 03-01-06sheen-ltr.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP City o/ ie0iiing �aeP INCORPORATED JANUARY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 INVOICE NUISANCE ABATEMENT COST February 28, 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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com $ 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 $ 117,351.00 13,030.55 Peninsula Septic Svc. Pump Septic Tank - Guest House 710.00 Copley Los Angeles Public Notice -Consideration of Nuisance Abatement 59.92 Jenkins & Hogin Legal Services Administration Costs City Manager 131,151.47 11,366.50 1,956.20 TOTAL $ 144,474.17 ®Printed on Recycled Papei Lc�-��-Ly05 01:57 PM ECS 310 937 1470 1' 1 Erosion (1 ontrol Specialists 16761 Viewpoint Lane #074 Huntingt+:;n Beach, Ca 92647 BILL TO The City ,of Rolling Hills No. 2 Pci tuguese Bend Rd. Rolling hills, Ca 90274 1 ITEM 90008 DESCRIPTION QTY cli;t:emolition of guest house, including removal. RATE Napping of utilities. 1 1► Invoice Total DATE INVOICE # 12/7/2005 120 _ SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 DUE DATE I P.O. NUMBER 1/6/2006 -AMOUNT 38,500.00 38,500.00 CITY OF ROLLING HILLS .Erosion Control Specialists -- I NVO I CE NO GROSS AMT Audited and approved for payment. AUTHORIZED SyN URE NUMBER 18053 Dec -12 -05 NET 38,500.00 38,500.00 MO<SF030767 J FlN l v-GM�Jb i0:38 AM ECS 310 937 1470 P.02 1 Erosion C, ontrol Specialists 16761 Viei4point Lane #074 Huntington Beach, Ca 92647 The City, pc Rolling Hills No. 2 Pc-tuguese Bend Rd. Rolling Flills, Ca 90274 BILL TO ITEM 90016 90017 90025 90029 DESCRIPTION DATE 1!1-212006 SHIP TO #1 Poppy Trail Rd. Rolling Hills, Ca 90274 '`:iAting of head -scarp to a 2:1 slope. ;xportation of soil. ; dditional debris removal required for prior !;!rading and exportation. this includes: the 1:'bmoval of a large pine tree from the top of :elope, removal of additional trees and ground over from the south edge of the slide, ti rnoval of temporary plastic and sandbags at •)e mid -section of the slope, and additional 'iee and ground cover removal at the top of •;tie slope near the new access road. Please remit1) above address. Invoice INVOICE # 124 DUE DATE I P.O. NUMBER 2-/11 006 L QTY 1_-.-_ RATE AMOUNT 1 23,400.00 23,400.00 1,728 15.00 25,920.00 1 5,345.00 1 Tota 800.00 55,465.00 Jan 233 06 CITY OF ROLLING HILLS Erosion Control Specialists e25 INVOICE NO GROSS AMT 124 55,465.00 Audited and approved for payment AUTHORIZED SIG §SAFiqUARD i.! Alf DISCOUNT • 000 NUMBER 18120 NET 55,465.00 55,465.00 M04SF070767 B-14-2006 06:06 AM ECS 310 937 1470 P. 02 r II Erosion 4.'ontrol Specialists 16761 Vi+wpoint Lane #074 Huntington Beach, Ca 92647 BILL TO The Cifi1 Of Rolling Hills No. 2 P;rrtuguese Bend Rd. Rolling ills, Ca 90274 ITEM 90001 90005 90006 90009 DESCRIPTION Invoice DATE 2/12/2006 nstallation of plastic sheeting and sand -bags .3s specified per plan hstallation of above ground drainage devices s specified in plan nstallation of 18" NDS catch basin as :pecified on plan tl ompaction and grad g work for adequate '9rainage above slope INVOICE # 128 SHIP TO DUE DATE 1_3/14/2006 QTY 1 1 1 1 Please remit D above address. RATE 19,736.00 1,200.00 1,850.00 600.00 P.O. NUMBER AMOUNT 19,736.00 1,200.00 1,850.00 600.00 Total 23,386.00 t:Ov 9-2005 03 :30 PM ECS 510 937 1470 P.03 Erosion Control Specialists Ca License X51583 **It s unknown whether or not a septic tank exists and will he discovered during the worl preformed. If a septic tank is found, the removal will result in additional costs. Our rice for performing the above mentioned work will be as follows: L Dt:monion and removal of guest house. 38.500 J ili 2. F ittening of headscarp to a 1:1 slope ratio. 23,400 3. P \cement of sand -bags and Plastic 19,736 4. I Il tallation of above ground drainage 1,200 Q Tot:l1 82,836 Y This work is an attempt to prevent further slope movement but, Erosion Control Spe- ialists will not be held liable for any further movement of the slope and any cori.fsponding 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 he manttained to keep there proper integrity. Maintenance sen-ices are not included in this prol:osal but can be provided throughout the rainy season upon request and based on ava lability. Sincerely, sctn L Ero� ion Control Specialists 909(1753-9637 Fax 714-849-6063 Jast)n�ecspecialists.com Ero'ion Control Specialists 16761 Viewpoint Ln. Stet! 074 Huntington Beach. Ca (800) 376-1015 (909) 753-9637 ECSPECIALISTS.COM Exhibit A Erosion Control Specialists Attn Craig Nealis City f Rolling Hills #2 PtTrtuguese Bend Rd. Rolling Hills, Ca 90274 Dea. Craig, We ropose to furnish labor and materials for the Poppy Trail project, located on poppy trail 41 in Rolling Hills, Ca. The -.e services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages are in affect on this project and will be used per city regiiL)rements. I . cl ite mobilization 2. I,;emolition of guest house e above headscarp. This work will include: (* a. asbestos survey and inspection. b. demolition of guest house and portion of asphalt driveway. c. removal and disposal of guest house and portion of asphalt driveway. '`* d. capping of all utilities. N us. 4 70 Ca License #851583 3. ; ut back headscarp to a 1:1 slope. It is estimated that a total of 3600 .yards of soil will be cut in this process. Costs will incur if the amount { f soil cut exceeds 3600 yards. This will not include the importation or ixportation of soil. All soil that must be imported or exported will ►1esult in additional costs. 4. ?lacement of sand -bags, according to plan. �. lacement of plastic sheeting, according to plan. 6. * inc t'lacement of above -ground drainage, according to plan. This will not nclude the plastic nds catch basin. the event that asbestos is found. abatement will be necessary and will additional costs. Erosion Control Spa -61161s 16761 Viewpoint Ln. Ste 11076 Huntington Beach, Ca (800) 376•(015 (909) 753-9637 ECSPECIALISTS.CO,41 P. 02 h DELTA CONSULTANTS Certified MBE City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn.: Project: Craig Nealis L599 B1 Poppy Trail #1 Landlside Winterization INVOICE Invoice #: 06-0221-D January 13, 2006 Summary Invoice for Professional Services for the period, October 1, 2005 through January 27, 2006 Professional Services Hours Rate Total Michael Reader Project Manager 13.00 $ 185.00 $ 2,405.00 Steve Kolthoff Geotech Engineer 45.00 $ 130.00 $ 5,850.00 Todd Armstrong Project Engineer - $ 110.00 $ Kendall Chun Technician $ 85.00 $ Total Professional Services $ 8,255.00 Other Direct Expenses Units Rate Vehicle - Hourly - $ 5.00 Vehicle - Mileage 105.00 $ 0.50 Sample pick-up & delivery - $ 55.00 Bolton Engineering $ 4,107.00 115.00% Total Reimbursable Expenses Amount S S $ $ 52.50 4,723.05 4,775.55 INVOICE AMOUNT $ 13,030.55 We appreciate the opportunity to provide our services. Please contact us if you have any questions. Sincerely, GROUP DELTA CONSULTANTS, Inc. teven H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc. 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 Note: This invoice summarizes the Winterization Task that Group Delta Consultants, Inc. performed from October, 2005 through January, 2006. The task included Bolton Engineering for surveying and layout of slope drainage desing and plastic cover, observining the emptying of the septic tanks and pits, observing demolition of the guest house, backcutting of the vertical slope below the guest house and observing the covering of the landslide withplastic sheeting 229 W 205". Street, Suite 105 ♦ lbr:.:nee. (:alifnrnia 9051)1-1459 ♦ (310) 320-51110 voice ♦ (310) 3220-2118 I x \'i,•iu, i:eiilo; n;, A (949) 609-11211 San Diego, California A (658) 524-15Lh) wwc%v.GroupDel ta.conl Peninsula Septic Service, Inc 1840 S. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 Fax (310) 832-3636 By BILL TO DEC 272005 CITY OF ROLLING HILLS City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 JOB ADDRESS Invoice DATE INVOICE # 12/21/2005 10236 Guesthouse 1 Poppy Trail Rolling Hills, CA 90274 P.O. NO. TERMS PROJECT COUPON # Net 10 DESCRIPTION Pump Septic Tank - Guesthouse L.A. County Sanitation District Disposal Fee Locate & Excavate Septic Tank & Seepage Pit (9/12/05) Thank you for your business. AMOUNT 190.00 70.00 450.00 Total $710.00 Contractors State License Number 800772 sPefiee Seiweee, Ttc. 1840 So. Gaffey St. #53 San Pedro, CA 90731 (310) 832-4800 FAX (310) 832-3636 Systems Located & Inspected Vacuum Pump Services Major Credit Cards Accepted Contractors State License No. 800772 INVOICE # P.O. # DISPOSAL # Date 20 Name ._.... : - Bill To Job Location ! i_: - :. Address ~I ? • City '• Escrow # • State . Zip . -. E ' City Phone No. Phone No. `• _ i State Zip t - . Customer or agent initials authorize Peninsula Pump & Septic Service to enter property to perform service as agreed 1. All invoices due net 10 days unless previous arrangements have been made. 2. This contract is subject to the approval of the health department or agency controlling this area. Description Q ty Amount Pump Cesspool / Seepage Pit Load(s) @$ Pump Holding Tank Load(s) @$ Pump Septic Tank ;-:•.--___,..t,.•.:_.,4,-- .. ;.. ,,.__ _._ Load(s) @$ _ - -• Pump Other Load(s) @$ Extra Hose Charge, Each 25' Section over 50' Section @$ L.A. County Sanitation District Disposal Fee Load(s) @$ - - _ Add Caustic Soda to Seepage Pit Bag(s) @$ Additional Pump / Vacuum Time Hrs. @$ /Hr. .. Locate & Excavate Septic Tank / Seepage, Pit ; -- ; _: _ Hrs. _ _ i . 1. -•: - --- ...`;. ---,. _ _.. , •'-:,. .. ._..,_ --'-!_ •,_ JI -. -it . . Repair Septic Tank / Seepage Pit Hrs. @$ /Hr. Repair Other: Hrs. @$ /Hr. Install 4" Riser Access Cesspool / Seepage Pit @$ Install Manhole Access to Septic Tank @$ Inspection Fees, Letter $ Inspection Fees, Labor $ Service Call $ . — Disposal Fee $ Other Services $ ', .. — — ._ l • ' ;. ... a . -. . .1 1 i. — — $ TOTAL CHARGES $ r) . Customer: ,ae k.rau 4 Settdc Seuace. T ce. : By By Peninsula Septic Svc. 10236 - Audited and approved 1)6 aSAitGWWRD AUTHORIZED Gr ATURE 'GROSS AMT DISCOUNT 710.00 0.00 Jan. 9 06 NET 710.00 M04SF030767 Daily Breeze Tim .7O)START DATE 09/17 EACH R0iEl Punt 1 �reurti PE.:\I1s(L-4 NE.N:S (11) REFERENCE # EXPIRATION DATE 583378 LEGAL ADVER (12) DESCRIPTION -OTHER COMMENTS (73) (14) OTHER CHARGES OR CREDITS PV#7908 TIS PV PUB HEAR 9/26/05 MARILYN KERN -/ (15) SAU SIZE (16) BILL UNIT 2x3.25I 6.5I more SAN PEDRO (17) TIMES RUN (18) RATE (19) (14) GROSS AD CHGS DISCOUNTS (20) NET AMOUNT 59.9 =rte:-----•- �..7L;•;r�r ... 59.921 (24) INVOICE # (1) BILLING PERIOD 6) BILLED ACCT # '7) ADVERTISER # (2) OCT 0 7 2005 ADVERTISER / CLIENT NAME CITY OR ROLLING HILLS By� Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 90275 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid: I am over the age of eighteen years; and 'I am not a party to or interested in the notice published. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation. printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice. of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement. thereof on the following: dates. to -wit: September 17 All in the year 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 17th day of September 2005 (.Y. -" *. Signature SEP 2 3 2005 CITY OF ROLLING HILLS. By PVPN #7908 NOTICE OF PUBLIC HEAPING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Monday, September 26, 2005 at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, Califomia to consider the following: CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL. ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN • Any person is welcome to review the file, prior to the public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Administration Offices at, or prior to, the public hearing. CRAIG R. NEALIS, CITY CLERK Published in the Palos Verdes Peninsula, News on Pmber 17 2005 • Jenkins & Hogin, LLP Manhattan Towers 12,30 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 '. Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No: 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date October 31, 2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12808 i/ Professional Services 10/5/2005 JCC Review resolution and minutes regarding Poppy Trail landslide (Sheen) 10/17/2005 JCC Review minutes and resolution declaring 1 Poppy Trail a nuisance and ordering abatement; work on abatement warrant application 10/19/2005 JCC Work on abatement warrant application JCC. Research regarding City's ability to abate warrant 10/20/2005 JCC Research regarding Conner v. City of Santa Ana JCC Draft abatement warrant application 10/21/2005 JCC Work on abatement warrant 10/25/2005 MJ Conference with Mr. Cotti regarding date for court appearance JCC Research regarding City's authority to demolish guesthouse JCC Draft abatement warrant; finalize application for abatement warrant 10/26/2005. JCC Revise abatement warrant and proposed order MJ Review and commenton application for abatement warrant and warrant 10/27/2005 JCC Revise application for abatement warrant MJ Telephone conference with Mr. Nealis regarding preparation for hearing on nuisance abatement;: conference with Mr. Cotti regarding same 10/28/2005 JCC Draft declaration of Mr. Nealis in support of application for abatement warrant MJ Review complaint filed by Sheen and conference with Mr. Cotti regarding implications for City's acquisition of abatement warrant; telephone call to. Ms. Schwartz regarding same 10/31/2005 JCC Review and revise Declaration of Craig Nealis JCC Review complaint filed by property owner MJ Review and revise Nealis declaration MJ Telephone conference with Mr: Nealis regarding allegations in Sheen complaint and regarding abatement warrant For professional services rendered Hours Amount 0.70 2.00 2.50 1.20 1.30 2.70 2.30 0.10. 1.40 2.80 1.20 0.40 0.70 0.20 3.50 0.30 0.60 0.70 0.20...:. 0.40 Jenkins & Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills, No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date November 30, 2005 Invoice Number 12865 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12865 Professional Services 11/1/2005 JCC Format pleadings for filing; telephone conference with Mr. Nealis regarding hearing 1.30 JCC Prepare for hearing on abatement warrant MJ Conference with Mr. Nealis and Mr. Cotti regarding abatement warrant 1.30 11/2/2005 MJ appearance 0.10 Telephone call to Mr. Nealis regarding JPIA coverage; conference with Mr. Cotti regarding main points for argument seeking abatement warrant 0.30 JCC Attend hearing to secure abatement warrant MJ Conference with Mr. Cotti regarding court appearance warrant and next steps; telephone call from Mrr. Neals regarrding same 2.00 MJ Prepare opposition to application for temporary restraining order 0 20 11/3/2005 MJ Letter to Mr. Collins regarding abatement warrant; conference with Mr. Cotti regarding same 2.00 JCC Research regarding Code of Civil Procedure section 526; revise 0.10 opposition to TRO 1.40 MJ Telephone call to Mr. Nealis regarding timing of commencement of nuisance abatement work on 1 Poppytrail; conference with Mr. Cotti 0.30 regarding same, and regarding letter to Mr. Collins and draft opposition JCC Revise letter to Mr. Collins regarding abatement warrant; meet with Mr. Jenkins regarding same 0.20 11/4/2005 MJ Revise letter to Mr. Collins MJ Review and revise opposition to temporary restraining order 0.10 11/7/2005 MJ Research and revise o photographs pposition; telephone call to Ms. Kern regarding 0.40 evi 11/8/2005 MJ Exchange emails with Mr. Richards regarding abatement warrant; r 0.20 letter from Collins office; telephone call from same regarding TRO hearing 020 11/9/2005 MJ Telephone call from Ms. Libertino regarding hearing date for TRO; ew telephone call to Mr. Nealis regarding same; telephone callao Mr. 0.40 Richards regarding same MJ Review letter from Mr. Richards evaluating Sheen complaint; email to Mr. Richards regarding same and transmitting draft opposition to TRO 0'20 Last Bill Date 10/31/2005 Hours Amount 11/9/2005 MJ Letter from Ms_ Libertino giving exparte notice; telephone call to Ms. Libertino regarding same 11/10/2005 MJ Exchange emails with Mr. Richards regarding TRO hearing; conference with Mr. Cotti regarding same JCC Review and revise opposition to TRO 11/14/2005 MJ Conference with Mr. Cotti regarding exchange of papers;. telephone call from Mr. Girardo of Kutak, Rock regarding TRO hearing 11/15/2005 MJ Conference with Mr. Cotti regarding court appearance 11/16/2005 JCC Prepare for and attend hearing on application for temporary restraining order MJ Prepare for and attend court appearance on motion for temporary restraining order; telephone call to Mr. Nealis regarding outcome MJ Exchange emails with Ms. Schwartz regarding bank inquiry regarding #1 Poppytrail MJ Review and revise declaration for tomorrow's court appearance MJ Letter from Mr. Collins JCC Draft Declaration of Michael Jenkins in opposition to second exparte for temporary restraining order 11/17/2005 MJ Court appearance on second exparte by petitioner seeking rescission of abatement warrant and TRO; telephone call to Mr. Nealis regarding outcome JCC Prepare for and attend hearing on temporary restraining order MJ Exchange emails with Ms. Kern regarding inquiries about #1 Po from bank ppytrail Letter from Mr. Collins regarding his intention to seek writ in court of appeal and request for schedule of work; telephone call to Mr. Collins regarding same MJ Review letter from Mr. Richards regarding status 11/22/2005 JCC Telephone conference with Mr. Richards regarding answer, affirmative defenses and potential meeting with plaintiffs counsel MJ Exchange emails with Mr. Cotti regarding conversation with Richards and: request from Collins for meeting; email to Mr. Nealis; telephone call from Mr: Reader 11/23/2005 MJ Telephone conference with Mr. Richards regarding response to Sheen complaint MJ Telephone call from Mr. Girardo regarding request from Collins for meeting; review letter to Mr. Collins regarding same; telephone call to Mr.. Croft regarding all of the above; email to Mr. Nealis regarding all of the above; telephone call from Ms. Schwartz regarding same MJ Review draft answer to complaint and cross -complaint against Association 11/28/2005 MJ Review cross -complaint filed by Mr. Richards MJ Email from Mr. Reader regarding abatement issues 11/29/2005 MJ Telephone call from Mr. Nealis regarding abatement issue and inquiry from bank; review letter from Mr. Collins; email from Mr. Cotti regarding posting MJ Review notice of appeal from. Mr. Collins and letter regarding abatement warrant 11/30/2005 ERA Research procedure for appeal of inspection warrant ERA Research stay of execution of inspection warrant pending appeal JCC Telephone conference with Mr: Gerardo regarding commencement of work pursuant to abatement warrant; writ of supersedeas JCC Review letter from Mr. Collins regarding time limit to commence work; stay pending appeal; research regarding same 11/21/2005 MJ, Page 2 Hours Amount 0.10 0.10 1.80 0.40 0.10 2.70. 2.40 0.10 0.10 0.10 2.30 1.70 0.30 0.30 0.90 0.10 0.10 '. 0.10 0.20 1.20 Craig Nealis, City Manager 11/30/2005 MJ Numerous calls with Mr. Nealis; conference with Mr. Cotti and telephone call from Mr. Collins regarding status of abatement and court proceedings For professional services rendered-, Additional Charges : 11/15/2005 Delivery Cost Total costs Page Hours. Amount 0.60 32.40 $6,636.00 56.00 $56.00 Total amount of this bill' = $6,692.00 Previous balance $4,962.00 11/15/2005 Payment - thank you ($4,962.00) Total payments and adjustments ($4,962.00) Balance due $6,692.00 :. Jenkins & Hogin, LLP Manhattan Towers 1230.Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266. Invoice submitted to: Craig Nealis, City Manager. City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date Invoice Number Last Bill Date December 31, 2005 12967 11/30/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #12967 Professional Services Hours Amount 12/1/2005 MJ 12/5/2005 MJ 12/6/2005 MJ 12/7/2005 MJ MJ 12/11/2005 MJ 12/13/2005 MJ 12/14/2005 MJ 12/16/2005. MJ 12/20/2005 MJ 12/21/2005 Review correspondence and pleadings regarding appeal and writ to court: of appeal; telephone conference with Mr. Nealis (several) regarding same; determine that court of appeal has denied writ Telephone call from Mr. Croft regarding Sheen meeting Telephone call from Mr. Croft regarding meeting to discuss cross -complaint Telephone call from Mr. Nealis regarding #1 Poppytrail Attend meeting with representatives of JPIA and RHCA regarding lawsuit Telephone call from Mr. Richards regarding status of contact with Mr. Collins regarding inspection Review letter from Mr. Richards to Mr. Collins regarding inspection; telephone call from Mr. Nealis regarding same Review RHCA answer and cross -complaint Review letter from Mr. Girardo to Mr. Collins, pleading from Mr. Collins and letter from Mr Hyde regarding cross -complaint Telephone call from Collins. office regarding mediation in court of appeal; email to Mr. Richards regarding same MJ Exchange emails with Mr. Richards regarding mediation For professional services rendered Previous balance 12/12/2005 Payment - thank you Total payments and adjustments Balance due 0.70 0.10 0.10 0.10 3.00 0.10 0.10 0.10 0.10 0:10 0.10 4.60 $1,035.00 $6,692.00 ($6,692.00) ($6,692.00) $1,035.00 Jenkins & Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Invoice submitted to: Craig Nealis, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills CA 90277 Invoice Date Invoice Number Last Bill Date January 31, 2006 13041 12/31/2005 In Reference To:Nuisance abatement action against owner of # 1 Poppytrail Invoice #13041 Professional Services 1/7/2006 JCC 1/9/2006 MJ 1/10/2006 MJ 1/13/2006 MJ 1/17/2006 MJ 1/18/2006 JCC 1/19/2006 JCC MJ 1/25/2006 MJ 1/30/2006 MJ Conference with Mr. Jenkins regarding duration of abatement warrant and necessity for an extension; telephone conference with Mr. Gerardo regarding same Conference with Mr. Cotti regarding warrant issue; review letter from Mr. Girardo to Mr. Collins Review letter from Mr. Hyde regarding document review Review discovery and Sheen answers to cross -complaints Review notice of OSC from court; research and conference with Mr. Cotti and Mr. Richards regarding same Telephone conference with court clerk regarding OSC hearing Prepare for and attend OSC hearing Conference with Mr. Cotti regarding court appearance on OSC Conference with Mr. Cotti regarding status of prosecution of cross -complaint Review order from court of appeal regarding mootness For professional services rendered Previous balance 1/24/2006 Payment - thank you Total payments and adjustments Hours Amount 0.40 0.10 0.10 0.10 0.20 0.10 2.60 0.10 0.10 0.10 3.90 $784.50 $1,035.00 ($1,035.00) ($1,035.00) Balance due $784.50 ea, ofiedrin September 28, 2005 VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT PROPERTY 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 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrhCaaol.com Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 At the regular City Council meeting held Monday, September 26, 2005, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 996: 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 public hearing to consider the declaration of a nuisance and ordering abatement of said nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. Your attorney, Mr. Craig Collins, was in attendance at the public hearing representing you. This Resolution requires specific action to be taken by you as the owner of 1 Poppy Trail. Specifically, under Section 6, you are ordered 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 October 6, 2005 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than October 10, 2005. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the enclosed Resolution, and again listed below, within 30 days thereafter, no later than 4:00 p.m., November 10, 2005. Corrective mitigation measures include: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the headscarp of the landslide. e1:.,. rr .1 ..r: i.... . . .. • Page 2 If you do not lake any action within 30 days of adoption of Resolution No. 996 by October 26, 2005, the City Council may direct staff to proceed with implementation of. . the mitigation measures pursuant to Chapter 8.2-I.of the Rolling I fills Municipal Code. 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, Craig R. Nealis City Manager CRN:mIk 9-23-Oichccu-I (r.d'c cc: City Council City Attorney Rolling Hills Community Association Sid Croft, RHCA Craig Collins, Attorney at Law (Via Certified and Fax) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Ross Bolton, Bolton Engineering RESOLUTION NO. 996 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF ROLLING i IILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A. PUBLIC NUISANCE AND ORDERING THE ABATEMENT. TI-IEREOF: DECLARE AND ORDER AS FOLLOIVS: THE CITY COUNCIL OF THE CITY OF `ROLLING HILLS DOES HEREBY FIND Section 1. Pursuant to Section S.2 Manager notified Mr. Alan Sheen, owner of( that ce30 of rtain ne oreal property Hills r n the! City o, th e ling Hills commonly known as 1 Peppy Trail (Lot 90-B-RH); to abate' con itions on his °pipe `y that would potentially aggravate and accelerate an existin sealing renewed tension cracks to prevent walerinfiltration, demol pilandslide.ng t measures include removing all debris from the site, flattening; the headscarp to a 1:1 sloe, corerin h� g the: guesthouse and affected area with UV resistant plastic sheeting, and installing tempor. slope, drainage devices divert storms, aterfrom entering the landslide area from locations above the headscarp sto landslide. The notice directed; that the` measures . be taken within 15 days of the date of the notice, otherwise the City Council would hold a public hearin • Pofthe City Council Chambers of City Hall to hear a bon Septrm ig t ave to the abatement of the nuisance. On September' 2, 2005 thesCitysp� tedthe tannotier ce�of substandthe ard property at the site apprising the property owners of the unsafe and unsightly conditions that exist on the property. Section 2. No action to abate the nuisance has been taken by the proP erty • owner. Consequently, on September 26, 2005, 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 regardingthe condition of the property located at 1 Poppy attend the public hearing. The property owner's :attorne �, orn Trail. The property s pier did not participated in the hearing. ) Craig Collins`•tyas present p enl and 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 landslide in the City of Rolling Hills. The property is improved with a single family Trail is located in an active swimming' pool, water feature, stable, tennis court" and illegal nonconforming g y residence, Inspections of the property: demonstrate that the single family residence and guesthouse are presently uninhabited. g guesthouse. h. 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 thestructure 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 Poppytrail below and rests at tc. he top of theactivee landslide. The guesthouse's , the foundation of the �concr to fou exposedthouse is from guestdamaged in the landslide, and it continues to suffer damage as the ground moves. The.. house was red -tagged as unsafe to occupy b t ndation was . . 2005 and in its current condition, it cannot be used; furthere itis unsightly and causes visual County Angeles on March % blight. Due to its location in a landslide, its condition will. only worsen, and with additional' rain will likely fill into the canyon. Hence,: the guesthouse represents i 1 adjoining properties, public utilities, roads and trails. a danger to residents,_ d. The driveway on the property has major cracks and portionsare directly involved in the landslide. Irrigation and drainage are open and and be pipes non-functional. The exposed drainage devices, exposed headscarp of the landslide and . unmodified headscarp will permit the intrusion of water into the landslide, that will continue to adversely impact the stability of, 1 Poppytrail as well as that of surrotundin roads and trails. b Properties, e. f the the attached correspondencel(cExhibit A) represeoing t together p blic nuisance as and further h safety. , described in threat to public' Section 5.: ; On the basis of the fore the City. Council finds and determines that thell, ndnd slidethe econdit covidence ndition props ty record, Resolution No. 996 property at 1: -1- -l'oppytr.iil, the condition of the guesthouse, the open crevices and fissures, and the•expoed irrigation: and drainage pipes and facilities 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, -safely and welfare. The City Council further finds that by allowing the above described conditions to remain unabated through the 2005-2006 winter rainy season, •stormwater will further infiltrate the landslide and will further destabilize the property and the guesthouse, 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 prepare and submit a written plan to the City within hen (10) days of the adoption of This Resolution providing for implementation of the corrective winterization measures described in Section 1 of this Resolution and further described.` in the attached correspondence (Exhibit A); further, that the property owner commence implementation of- the plan and performance of the corrective measures on or before October 10, 2005; and, that the corrective measures he completed by the property owner on or before November 10, 2005. In the event that the property owner fails to submit a plan and/or fails to,commence performance of the corrective measures by the above -described deadlines, than the City may, on or after October 2b, 2005 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 thenuisance 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 September 26, 2005. PASSED, APPROVED AND ADOPTED THIS 26' DAY OF SEPTFF I ER; -2005 Godfrey Pe Mayor ATTEST: C4 R. Nealis STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS The foregoing Resolution No. 996 entitled:` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING I IILLS 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 September 26, 2005, by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tern Lay and Mayor f ernelt. NOES: None. ABSENT: None. ABSTAIN: None. . tecr Craig R. Nealis City Clerk Resolution No. 996 -3- 1?�;IrlIt] T n o/ 1 o (t ,1 • September 2, 2(105 VIA CERTIFIED AND REGULAR NIAIL 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 2FC. TuCUE.E erneFc,o "OL1 IG HILLS: - . (3101277.1521 Ft; 1'101372.72H E•ma.1 c.11oI h , icen NIr. Janes Sheen 60 Crest Road East Rolling Hills, CA 90274 On July. 12, 2005, we sent you the enclosed correspondence informing you of safety mitigation measures for your property recommended by our consulting that correspondence, the requested that you implement then geologist. er. 15, 2005. To our knowledge, these measures have not b e measures by of this dater been performed as of this date. 1Ve enclose updated safety mitigationrecommendations from our consulting geologist that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as lye approach the rainy season. These mitigation measures are outlined in the attached letter dated September 1, 2005. - Pursuant to -Rolling Hills Municipal Code Section S.24.020 ("Duty of Owner or Possessor of Property") p y") "every person who owns or is in possession of any properly, place orareawithin 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 S.24. We have enclosed a copy of both Chapters S.24 and 3.2S for your review. - • Pursuant to Section 8.23.030, 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. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stornns•atcr from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. You are hereby notifiedthat if you do not implement the nuisance abatement actions by September 15, 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will he given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. Page 2 We have forwarded this correspondence to all of the known address e regarding this property. We trust that by providing a eo we Mr. lCra Collins that he will forward this letter to you in the event that`itlistnotoreceived ��g the addresses listed above. We have also posted this letter at theproperty. u F t},. Should.you wish to discuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:rnik cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer Resolution No. 996 CROUP September 1. 2005 Project No. L-599 DI DELTA tt.m..,ijc-Ktro City of Rolling Hills 2 Portuguese Bend Road Rolling Hills. California. 90274 Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations. ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Nealis: As requested. GROUP DELTA CONSULTANTS, INC. (GDC) is this letter to provide "pre -construction and winterization recommendations related to the construction of the. ATV road Trail Landslide and the lower access road. Currently. GDC is in the process, of installing inclinometers in observed the following: pleased to present for construction across the Poppy. the landslide and On September 1, 2005; during while installing inclinometerson the midsection of the Poppy Trail Landslide. it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also. there is evidence that surface water has ran off the top of the landslide head scarp onto the Iandside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. CROUP _DELTA L-599 1)1 Gimp nahz Comch_u1%. Int. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre construction of the ro and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the AN temporary and the lem proposed roadwaysroadwaysaccess roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by the cracks and track rolling the soil to a tight compaction. The Pushin landslide should be compacted with a bulldozer to seal anP toe of the loose soil materials. y fractures into and 2. The guesthouse and landslide head scar persons traveling on the ATV and temporarypose an emanate ref guesthouse should be demolished. access road. danger to stockpiled above the head scarp but takehe n offsite. debris he guest f not ore the removed• the landslide head scarp should be flattened or1thorizontal to I to reduce rock and debris fall hazards from the scarp. guesthouse is should be placed on the uphill side of the AN `t temporary may fall from above the head scarp. road to catch anyporary fence retaining large boulders or debris. P The fence may debris that not be suitable for 3. Before the rainy season. UV resistant plastic sheeting should be the head scarp to the ATV road and from the ATV placed over landslide to prevent water from entering the landslide mass and toe preventthe erosion. After the abandonment of the ATV roa and to eventually be completely covered with the plastic extending e landslide hould the landside and from the laidback head scar plastic sheeting should be diverted away over the edges of p to the toe.d oDprevent off the from accumulating on the landslide mass and to ndslide to access road below Poppy protect therei mpo water Trail. 4. Temporary measures should be installed to divert any w paved slope ditches and drainage areas above the head scar makeshift catch basin made of sand bags in a shallow water collected on the m PVC pipe' or an g p and Sand bags. a "industrial sock drain" could be a used corrugated purpose. The drainage deices should convey could for the slope . away from the landside mass. s Collected water dow water beyond the current access road andnottould all ber taken tor n the toe of the landslide. convey the the water to enter the 5. A more complete inspection should be e the landslide around the guesthouse and made of the areas ab v tennis court areas. �leasuresoshould '` i r ° T, _, I L JnJJ.Jr Ciiy of 1: o11 ri lii14 Resolution No. 996 -7- I.-599 PI G., t•p I:1/4113Cod.clt:ntt:lne r`TI'S t I I.an,Mi,re. Cin• rrFnllinc 11,11s. . be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This'. may include use of sandbags. installation of temporary pipes; plastic sheeting, temporary re -grading. (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase " of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading.. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance ` with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe. the .contractors operations including slurry, grouting or any excavating. If parties other than GDC' are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring; with the conclusions in this report or provide alternate "recommendations as deemed appropriate. 1..519 n1 G p Dch3 Cnn:ull:mn. 1nL. 4 Poppy TrzJ LanJ,6Je City of Rolling Hdlt If you have any questions, or if we can be of further service, contact Group Delta Consultants, Inc. at 310-320-5100. pleas e do not hesitate to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SK for Alike Reader AIicliaeI D. Reader, VP, GE Steven II. KoltItoff, PC, CEG 0.1,39 nd,IuJ - truer RepouYY doe Ihll. R•pry T:ad LanJiLdr'L-5951 Pn;^r Tail SLdr:Dorunams•L•) LgnJ�LJc • lrunRrL• L.399 Rolling - .. Y9 Rll Pa; pp T�aJ cI-OUP r Resolution No. 996 '0 GODFr.EY'FER1-Ell; D 0 S MJ, Or 8 ALLEN UV '"'rO' Flo Trn • DR; J[AIES EL'CK Councdmrm:er . THOP.IAS F.:IE71:ShEllaCR. Councdmrmyr ; FRarrK E. Hal' Covncdmrm>rr July 12, 2005 Mr. Ying Ching Sheen 1 Poppy "Trail Rolling Hills, CA 90274 Dear Mr. Sheen: le (/1 1 1 r• 1,0 2 rOn:uGutte DEI:DEL:D not I. HILL $: t.�t Ir iM1::c 13'01177.1521 FAR 0101377 225e '. E ma.l cd,oL,,Taolcon' On March 22, 2005, the City received the attached recommendations from our consulting geologist for immediate safety mitigation measures for the land m im olv ing.) our property. As you recall, at that time; movement for the Cit • of Rolling you provided access agreements Hills to complete several of these mitigation measures. The City completed mitigation measures number I and 2 (2.0 SHORT TERM RECOMMENDATIONS) described in the attached letter. Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on your property prior to September 15, 2005. Please let us know if you require any assistance with finding a contractor that can complete this work on'your property. 1 V e look forward to your completion of this work. Think you for your cooperation. Sincerely; Craig R.Nealis City Manager 'CRN:m lk'. V7.11.03.4.7•mld.A.,c cc: Mike Jenkins, City Attorney Craig Collins, Attorney of Law Mike Reader, Croup Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUP March 22, 2005 Project No. L-599 DELTA Iv7:li�ifi:t.ir City of Rolling ]Hills 2 Portuguese Bend Road • Rolling Hills, California 90274 Attn: Subject: • Mr. Nealis: Craig Nealis, City Manger Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hilis, California As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 1 1. 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SCLMi ARY On March 11. 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. , The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To prov access to homeowners on Poppy Trail, the Home Owners Association was usingide a horse trail located down slope from the current road. Resolution No. 996 -11- L•77 G,t•up n. .i Cum�lt.nn. tbC, t�, •r•ry T,.�it (My III The slide mass has numerous fractures, mostly in the central ion ^rh, rt111`ere observed to extend depths estimated to be up to 20 feet deep. portion, that were displaced and removed a paved drainage Swale near mid -slope. The head scar fa The slide has also within the guesthouse foundation, which has been exposed and red la Angeles County officials. p falls by Los Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines. a collector pipe for roof runoff next to the guesthouse footing and wall debris were noticed in the area of the guesthouse foundation head scarp. Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (ATV) use. Lights have been stung along the trail with extension cords and florescent light bulbs. A water hose was found along the trail with water pressure. The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and'or fallin g. can e achieved pushing soil into the cracks and track rolling the soil ohisa tight compact on.by 2. During the bulldozer grading g the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting, UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. Drainage off of the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. DELTA f•Tr;ri77 n1 Resolution No. 996 -12- Guvgi D.lu Cnnvdi.ln4. lac. Puppy Trail LanJ•I Ji 3 City i•r 14.11;111: Nit a. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or Per sock drain" could be used for this purpose. The drapipe ord vian "indhorid coney collected water down the slope away from the landside n acsss Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting. temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The to of the slide is a near vertical sfo e about 30 feet hi h. This scar is hi hl unstable and care should taken duain anv bulldozer work, lastfe sheetin or sandba oin to not further de -stabilize the scar . or endan er ersonnel b o workin too close to the t of th escarp or bottom As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings v.•i►I be drilled below the landslide to determine the stability of the temporary access road and on Poppy This data uill help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as a Trail. would be drawn based on the mapping, p rt of this firstphase. g down -hole logging and Cross-sectionsds-andsons oeometry. This data will be used to select locations and depths for borings. landslide r Resolution No. 99.6 -13- L•5T) Grc•up Delp Cnn.uh.rmp. Inc. Closure r"rry Trad innJ.l;Je Cityr,rri,ii,, Ihll. This letter summarizes the opinion of GDC. based on the limited walkover and observation of the landside conditions and the limited review references. We have not as yet performed an detailed og the subject subsurface exploration. laboratory analyses or engineering n inee iny calculations. le geionn ic tmappi he.. our role has only been to advise the City on an emergency basis toaid inevaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 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. Michael D. Reader, VI', GE Steven 11. Kulthoff, PC, CEG t.3 all r,•rrY Tod L3ndil,Je - Lenrr Report .1 „No., • r DELT:\ Resolution No. 996 -14- L-579 Cop U.h:r Can.nit.ints. Inc. Project (yunticr: Project Nome: Gni c: L•599 Poppy Tre0 Landslide 03,24 2005 I t'rry City of Rolling lidI, Resolution No. 996 -15- L -5'.I) Gnnip l?:I;.r Cumnlr..nt; Inc. • GROUT' r 6 T inn,l•lidc C,ry ,f Ralli,,C Ihlit AE12,1:11, PHOTO OF I'OI'I'1" TRAIL, I-ANI)L_SII)I AREA (I'h(rfn March 211114) Resolution No. 996 -16- ROLLING . HILLS PJL:JICIP;.L CODE Chaoter 8;24 ABATEMENT OF NUISANCES 8 .24 .010 . Nuisance defined. 8.24.0.20 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 - 8.24.060 Charges to be billed cn tax bill: 8.24:090 Court action. 8.24-100 .Summary'abatement- S•21-010 Nuisance defined. For the purposes of this chapter, a"nuisance" shall be defined as anything t%hich is injurious to health or safety,or is indecent` or offensive to the senses, or an obstruction to the free use of property 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,ofany street, and affects at the came 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 citycouncil may define by ordinance any particular condition constituting a nuisance- (Ord- 190 §1(part), 1951) 8.2-1.020 Dut v of owner or nssescor of ro erty. 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. I90 §1(part), 19S1). .: EI LTI tAIII a to abate nuisance: Whenever the City Council determines that a nuisance exists upon any property, place or area %%ithin 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 orperson in possession of the property, place or area at his last kno%%•n address. (Ord. 190 §1(part), 19S1). ______________S."7-1.0-10 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 tohear any protest of the owner, possessor or other interested person. The notice shall specify the time, date and place of the hearing, Resolution No: 996 -17- which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period: (Ord. 190 §I (part), 1981). S.2.1.050 _]saran • and decision. lithe nuisance is not abated or good faith efforts towards abatement ha\•e not been made within the times set City Council shall conduct a hearing at the lime and place fixed linrtl e notice at which Section S.3-l-O;O, the evidence may be submitted by interested persons. P the Council may declare the condition to constitute a public nuisance and order p ons. Upon consideration of the evidence, abatement thereof. The decision of the City Council shall be final. The City cr the the Council. (Ord. 190 §1s art), of9Sthe subject property, place or area of the decic�ionr of §1(part), I9S]). ,S -2x.(160 Abatement by city —Notice of char ,e. a person notified6 t to Section Upon failure, neglect or refusal by pursuant 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, placeabated by the City of the cost of aatementt..r uponarea which a nuisance has been Such notice shall be given in the same manner as required by Section S.24.030. (Ord. 190 §I (part), I9S1). 8.24.0_ 0 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 properly, ro erl}, place or area involved, and the name of the owner or possessor concerned. recording, the balance due will constitute a lien on the ro From the date l continue of pert p y: The lien trill 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), 19S1). • • S.24.080 Char es to be billed on tax bill. The Cit • may also, the provisions of the laws of the State, cause } • o, in accordance abating a nuisance together with interest at he maximum legal rnt due to ate, City b in with date of the completion of the abatement, to he charged to the owners of the ton o its place or area on the next regular tax bill. All laws of the State applicableaccruing the collection and enforcement of City taxes and County taxes are hereby property,I cable to the collection of these to the levy, charges, (Ord. 190 §1(part), 1981), made app R.2-,1.090 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 of this chapter, the City may bring the appropriate and criminal actions in a court of competent jurisdiction for abatement of existing within the City pursuant to any other provision of law. 190 l(part)e civil 19S1). any nuisance (Ord. § l (part), $.2-1.100 Summary abatement, Notwithstanding an the City Council may cause a nuisance to be summarily abated if the City • } provisions of this chapter, determines that. the nuisance creates an emergency condition irtt threat to thephysical Council safety of the population. Prior to abating thelnru Banc , an he City • City Resolution No. 996 -IS- Manger shill attunpt to notify the o:' ncr or possessor of the property, place, or area involved of the nuisance and request him 10 immediately abate the nuisance. If, in the wlc discretion of the City Council, the owner or possessor of the ro ` rty, place orContaining the nuisance which creates an emergency condition fails totake immcdiale area 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 properly, - place or area upon which a nuisance has been abated by the City; ofthe cost of said abatement. Such notification shall be given in the same manner as required by Section S.24.030: The provisions of Sections S.24.070, 8.2.1.050 and 5.2.1.090 shall be applicable. (Ord. 190 §1 (part), 19S1). Chanter 8.2,8 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28:010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.23.010 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), 19S1). R.28.(120 Abatement. Any condition declared to be a public nuisance by Section 8 23.010 shall be abated or corrected in accordance with the provisions of Chapter S.24. (Ord. 190 §1(part), 19S1). Resotu Lion No. 996 -19- September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen Mr. Alan Sheen 1 Poppy Trail 1 Poppy Rolling Hills, CA90274 Py Trail Rolling.Hiils, CA 90274 Dear Mr. Sheen: NO. 2 FORTUGLIESE FEND ROAD ROLLING HILLS. CALIF. 90274 (3101377.1521 FAX: (3101377-7259 C -mad c;I lshr aopcom hir. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 200, we sent you the enclosed correspondence mitigation measures for your property recommended by our �consult formingn geologist. of t}. that correspondence, we requested that you implement these measures by SeptSeptember 15, 2005. To our knowledge, these measures have not. been performed as of September of this date. We enclose updated safety mitigation recommendations from our consulting that are necessary to be implemented on your a geologist aggravation of the existing P property to help protect against measures are outlined in te atLtachedslide as we letter approach ttedaSeptemberthe 1 season.0 These mitigation 1, 2005. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of . � Possessor of Property") "every person who owns or is in possession of a nor ror o place or area within the boundaries of the City shall, at his or her own expense, any properly, maintain the property, place or area free from any nuisance." ,Rollin lls Mu Code Section 8.28.010 defines any condition on property that has or wgill aggr�auateipal enlarge or accelerate an active landslide to be a public nuisance subject to pursuant to Chapter 8.24. We have enclosed a copy Chapters 2 abatement your review, of both 8._ }and 8.�8 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 potential) and accelerate the existing landslide: y aggravate 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the,site. 3. Flatten headscarp to 1:1 slope. 4. Co er entire affected area with UV resistant plastic sheeting, 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. notified that if you do not implement the nuisance abatement actions are 2005, a. nuisanceabatement hearing will be conducted before the City y Council at its 15, regular meelingon Monday, September 26, 2005 beginning at 7:30 Council at its Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing gon the Rollingy, you will be given an opportunity to present evidence to the City Council re and ng t conditions on your property and regarding this abatement order. regarding the Page 2 We have forwarded this correspondence to all of the known addresses we hare• regarding this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event that it is not received al the addresses listed above. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely,. Craig R. Nealis City Manager CRN:mlk 03-29-05sh; c,,-1lr.dnc CC: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer CROUP September 1, 2005 Project No. L-599 DI DELTA reja•Z714e.laj City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide pre -construction and winterization for construction recommendations related to the construction of the ATV road across the Poppy Trail Landslide and the lower access road. Currently, GDC is in the process of installing inclinometers in the landslide and observed the following:' On September 1, 2005, during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. ♦ www.GroupDclta.cor,. , • GROUP DELTA L-599 1)1 Group Delta Consultants. Inc. Poppy Tr 211 L2ntllikIc City of Rolling ndls PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. 2. The guesthouse and landslide head scarp pose an emanate danger .to persons traveling on the ATV and temporary access road. Therefore the guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After the guesthouse's removed, the landslide head scarp should be flattened to 1 horizontal to lb reduce rock and debris fall hazards from the scarp. A temporary fence should be placed on the uphill side of the ATV road to catch any debris that may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage deices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road 'and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should L-599 1)I Croup I)cltz Consultants. Inc. 3 Poppy Trail Landslide City of Rollins Hills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring \kith the conclusions in this report or provide alternate recommendations as deemed appropriate. GROUT' DELTA L-599 D1 Gruap Delta Consultants. Inc. Poppy Trail Lat,l>lide City of Rolling Hills 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. SK for Mike Reader Ate Michael D. Reader, VP, GE Steven IT. Kolthoff, PG, CEG N^.Projects15o0.599'.L=599 Rolling Hill Poppy Trail Landslide'L-599A Poppy Trail Slide.Documents,L-599 RH Poppy Trail Landslide - Lcnrr, Report z2.doc GROUP DELTA CEus:t:tL►. leoifin GODFREY PERNELL. DDS. Mayor B. ALLEN LAY Mayor Pro Tern OR. JAMES BLACK "Counc,lmember THOMAS F. HEINSHEimER Councllmember FRANK E. HILL Councilmember NO. 2 PORTUGUESE BEND ROAD ROILING HILLS. CAL IF. 90274 (3101377-1521 FAx:13101377.72E8 E•mad 011oha?aol corn July 12, 2005 Mr." Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: On March 22,2005, the City received the attached recommendations consulting geologist for immediate safety mitigation from our involving your property. As you recall, t that measures for the land fnr the of s time, you provided access agreements City Rolling Hills to complete several of these mitigation measure. The completed mitigation measures number 1 and 2 2 RECOMMENDATIONS .des -.0 SHORT TERM eGty cribed in the attached letter. Mitigation measures number 3, -I and 5 still need to be co request you to complete these mitigation measures on your property 15, Please let us know if your mPlrope y prior respectfully ec�uire any }' P Pert) r t September can complete this work on your property. } assistance with finding � acontractorthat %Ve look forward to your cnl„n1oi;�,.. c this Sincerely, sh Craig R. Nealis City Manager CRN:rnlk 0-11-Qj;heen-1lr.d.>C cc: Mike Jenkins, City Attorney Craig Collins, -Attorney at Law Mike Reader, Group Delta Consultants Ross Bollen, Bolton Engineering GROUP March 22, 2005 Project No. L-599 DELTA. t�vJ:-1kkIJail City of Rolling Hills • • 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail. Landslide of March 11, 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissanceof a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had. occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded padof the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. • • 4 «i w.(;r0ur'l k lt:I (( III • GROUP L-599 Group DrhS Con.ult:,nis. Inc. Perry rra,l LanJ•lI i City of Rolling llills The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale near mid -slope. The head scarp f ll within the guesthouse foundation, which has been exposed and red tagged p s Angeles County officials. by Los Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a collector pipe for roof runoff next to the guesthouse footing and wall debris were noticed in the area of the guesthouse foundation head scarp. 9 se Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Ter ai Vehicle (ATV) use. Lights have been stung along the trail with extension co n florescent light bulbs. A water hose was found along lon the trail with water rds and The hose was used for dust control and for the residences to attempt to assure. proper compaction of the sand and gravel. P chieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and/or falling. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. 2. During the bulldozer grading the resulting surface should be slop for drainage. Any large trees and brush on the slide should be cut dand removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting; UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic plastic over the edges of the landside. Drainage off of the sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. DELTA Group Delta C(m:ulramc. Inc. i 1'oiTy Tr:u1 1.:[D,Wiile Cii)' o1. Rollil1 lulls 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work, plastic sheeting or sandbagging to not further de -stabilize the scarp. or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data uill help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. GROUT' MELT:\ L-5')') Group DcIT:t Consult:uus. Inc. Closure 4 Poppy rr:nl l ; iiJ'lide City of f2olliu�llills This letter summarizes the opinion of GDC, based on the limited walkover and observation of the Iandside conditions and the limited review of the subject references. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope_ 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. !Michael D.Reader, VP, GE Steven H. Kolthoff, PG, CEG L-599 RIt Poppyrrail Landslide -Letter Report ci;oup DE LT,\ t�•) r:q�r.1:i 'r. N •• . ,-•-••• ... ...,.. „\. ..:>_ •••••,... ,: 4 :',. **.. .4 \1‘ , . S. • :\::: ,. ./ • .. t'••• .'d I. , i I i .%.,, ) : 1.:' Nrj ...;..\_ 1"1.s . . 1 1 \p',. , \._• /, • . W I�1 • •.�. t i 1 . ;x' —� i'� �/ 1'• • � • ,1, •' � j ii: -. .. ...b Ji�•• r —a: ,—. � '.. �J, �`, ,�n^,y j_ ';:11. I '1‘ ' • .. .,:•.-7.—•;'••• ••' �� 9 iro• ;?' 1. ,./. (4.......\ \gi▪ p' ./ 4. '.„ , `1. ,. .,-- ,r,• J�o 1, hA:/. ' , ;, /-77:--- ‘...s..:• •• ,• ,. "�::r'_�:'� • � � ,,• `..‘,..". .,'"• .' C.:. • \ `1..• ,.••, .• `rte Il (���0. / • �-• �--`�r :Q••/(.1�-•J ••' '�-., `•\\-�•>?' . .. .!•.."2'.'n.,.‘:n3 •: ` t fr,\ • '' .. ..• r,. _. /---, lJ 1, , •'_ � Ifig. i 1`` I�\-1 \•• • j >....\ -;•\•- ., \ �\ yam ... .1-1>,7-.c.' , •�v _D'\�\ (, . 4/ ' •\- �( • 1� `, I" . 2.. .:1',. �.1 ice' `�_. ` is 21::'7'S.103 r' •}��ti v/. i i \9 ?'') 7N 1 C..\:s:^:.- . ' %:�. \''''s. gb-�/ 1. R, r /t_- j�h . ��f,i' !';' r ▪ , �;\ ti. •:',\ ~ C :^ ,_ '1`. .. �� (' .�: III 4... • .1:• ' 1 pp ki i ti •: . /. :. ;r. ': l --. ' , ^, -. �i � �;-� 1• II ••� .. +y,y I'1 1 •1_43-• ' / ;,! / ::','Po 1. :0�<'!.. •.1 I:y I'� / /;, Q!' •,�(, Sn. ` :\ j':` ;;: + . `\ e: /• '% _ lit.,. - ,.�' ,;� /• ' r..•' .-•• •c, ,,• ;.\ • •'.:1 !. ;;.��' -"--- I •,`., • ( ;�• /. \ 1 ; �`• • 1 l t `\ :;:. \ t, i� / . • (1`� '` J \1 :.\ •'. \!'�/ • 'j1'. ` • :'. r - • i>'.� I ', `• Gt J• 1` '1 • ,J J, ,' \�\.1:1 (\\. �,i`. . ;--1.11 \J i I.;`''•'• Ji \ '' • i• ti,'/` `^ ▪ 'i" r • .-.-• • - -. . •. •\ .\• L-599) Group L1clt:t Crvimult:nits. Inc. 6 Poppy Trnl I_:urJ•liil City of Rolling Ilill: AERIAL Pt(0-1'O OF POPPY TRAIL LANDLSII)E AREA (Photo March 200-3) GROUT' 1 ) 1= LT:\ ROLLING HILLS MUNICIPAL CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 8.24.020 8.24.030 8.24 .040 8.24.050 8.24.060 8.24.070 8.24 .080 8.24 090' 8.24.100 Nuisance defined. Duty of owner or possessor of Notice to abate nuisance. property. Notice to abate nuisance --Contents. Hearing and decision. Abatement by city --Notice of charge. Lien. Charges to be billed on tax bill. Court action. 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 a t the same time an entire community or neighborhood, or an number of persons, although the extent of the annoyance or damage inflicted siderable individuals may be unequal. upon Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 §1(part), 1931 } 8.24.020 Duty of owner or ossessor of ro ertv. Every person who owns or is in possession of any property, place o r 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). 8.24.03 0 Notice to abate nuisance. Whenever the City Council determines nuisance exists upon any property, place or area within the boundaries of the Cif , then City Manager may notify in writing the owner or person in possession of the City, place or area to abate the nuisance within fifteen days from the date of the no t�peropene, notice shall be given by registered or certified mail addressed to the owner or erson in posses 190 sion of the property, place or area at his last known address. (Ord. 1 1981). § (part ), 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 tothe 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 time, date and place -of the hearing, s 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). S.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 8.2-1.030, 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). 8.24.050 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 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 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 shill attempt to notify the owner or possessor ess } c c._or of the property, place, crarea 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 owneror possessor } place or area upon which'a nuisance has been abated by ofst fsaidrly,. abatement. Such notification shall be given in the same mannerya orequiredtby said 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). FP Chapter 8.28 ABATEMENT OF NUIS .LACES 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 onproperty withi► 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 this chapter, an active landslide is defined as land which is sliding p tones of accord. (Ord. 190 §1(part), 1951). or on its own 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), 19S1). inimagri-4-;-nrrorg-am 'Jr, II 111 11 7005 1820 0008 3440 6754 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 l� 1 -rte,,; =TINED MU, d Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Sent To Street, Ap or PO Boa City, Stets Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mfif�iiFi01-;JYr4C' Total Po Postmark Isere 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 maiipiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 A. Signature X ❑ 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 ,ECertified Mail 0 Express Mail ❑ Registered 6d Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. A 7005 1820 0008 3440 6754 Lel�e� do, eeF 3Jrio(o N U I S [a` to Ce__ PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 Postage Certified Fee Return Receipt Fee (Endorsement Required) (EndorsementRe e Delivery R q Required) Total Pi Sent To Street, A} or PO Bo City, Stat t;? 1 kcal Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 i i i i i i It 11 i 7005 1820 0008 3440 6761 Postmark Here glilok cIrCY CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Craig M. Collins Collins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 { 01'S4-W-Z0-S6SZ94 Is Co mplete items 1, 2, and 3. Also compl ete item 4 if Restricted Delivery is desired . ■ Print your name and address on the re verse so that we can return the card to yo u. ■ Attach this ca rd to the back of the mailpie ce, or on the front if space permits. 1. Article Addressed to: Mr. Craig M. Collins Co llins Law Firm The AON Center 707 Wilshire Blvd. # 4880 Lo s A ngeles, CA 90017 COIVI PL' E7tE'THI�SEGT.IOryON D ELIV E�iY A. Signature ❑ Agent p ❑ Addressee BOceiv e by (Print e ame): (/ C. Da D. Is delivery address differefit from item i? elivery GI( If YES, enter delivery address below: 0 No Service Type 1iCertified Mail ❑ Registered 14. Restricted Delivery? (Extra F ee) 0 Yes ❑ Insured Mail 0 C .O .D . 7005 1820 0008 3440 6761 • ply,,, _ I e l=�e� n_ 4 31114, PS Form 3811, February 2004 f' 7 Ted! 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JGanllap pa;ou;sau d! b wa;! a;aldwoo osly •g pu s '3 `l, swa;! a;eldwoo 3/U730 NO WOLLO3S S1H13,L37d WOO I.LO S SIHL3.L 7dL1(0O. 9aN- RESOLUTION NO. 996 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 sealing renewed tension;, cracks to prevent water infiltration, demolishing the guesthouse and removing all debris from the site, flattening the headscarp to a 1:1 slope, covering the entire affected area with UV resistant plastic sheeting, and installingtemporary drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The notice directed that the measures be taken within 15 days of the date of the notice, otherwise the City Council would hold a public hearing on September 26, -2005 -in. the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On September 2, 2005 the City posted a notice of substandard property at the site apprising the property owners of the unsafe and unsightly conditions that exist on the property. Section 2. No action to abate the nuisance has been taken by the property owner. Consequently, on September 26, 2005, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submitevidence regarding the condition of the property located at 1 Poppy Trail. The property owner did not attend the public hearing. The property owner's attorney, Craig Collins was present and participated in the hearing. 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, tennis court and illegal nonconforming. guesthouse. Inspections of the property demonstrate that the single family residence and guesthouse are presently 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 Poppytrail. c. Currently, the foundation of the guesthouse is exposed from below and rests at the top cif the active landslide: Theguesthouse's concrete foundation was damaged in the landslide, and it continues to suffer damage as the ground moves. The guesthouse was red -tagged as unsafe to occupy by the County of Los Angeles on March 7, 2005 and in its current condition, it cannot be used; further it is unsightly and causes visual blight. Due to its location in a landslide, its condition will only worsen, and with additional rain will likely fall into the canyon. Hence, the guesthouse represents,a danger to residents, adjoining properties, public utilities, roads and trails. d. The driveway on the property has major cracks and portions are directly involved in the landslide. Irrigation and drainage pipes are open and exposed and non-functional. The exposed drainage devices, exposed headscarp of the landslide and unmodified headscarp will permit the intrusion of water into the landslide, that will continue to adversely impact the stability of 1 Poppytrail as well as that of surrounding properties, roads and trails. e. All of the foregoing together or separately, as further described in the attached correspondence (Exhibit. A) represent a public nuisance -and a 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 Resolution No. 996 Poppytrail, the condition of the guesthouse, the open crevices and fissures, and the exposed irrigation and drainage pipes and facilities 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 allowing the above described conditions to remain unabated through the 2005-2006 winter rainy season, stormwater will further infiltrate the landslide and will Jurther destabilize the property and the guesthouse, 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 prepare and submit a written plan to the City within ten (10) days of the adoption of this Resolution providing for implementation of the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A); further, that the property .owner commence implementation of the plan and performance of the corrective measures on or before October 10, 2005; and, that the corrective measures be completed by the property owner on or before November 10, 2005. In the event that the property owner fails to submit a plan and/or fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or after October 26, 2005 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 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 September 26, 2005. PASSED, APPROVED AND ADOPTED THIS 26th DAY OF SEPT ER, 2005 Godfrey Pe Mayor ATTEST: Craig R. Nealis City Clerk Resolution No. 996 -2- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS The foregoing Resolution No. 996 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 September 26, 2005, by the following roll call vote: AYES: Councilmembers Black, .Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN:. None. raig R. Nealis City Clerk EXRIBIT 'A City o Rotting -II September 2, 2005 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: cilyolth@aol.com Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 2005, we sent you the enclosed correspondence informing you of safety mitigation measures for your property recommended by our consulting geologist. In that correspondence, we requested that you implement these measures by September 15, 2005. To our knowledge, these measures have not been performed as of this date. We enclose updated safety mitigation recommendations from our consulting geologist that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. These mitigation measures are outlined in the attached letter dated September 1, 2005. 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. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. You are hereby notified that if you do not implement the nuisance abatement actions by September 15, 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 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. Pr:w J.v. 11 rw�.: Resolution No. 996 Page 2 We have forwarded this correspondence to all of the known addresses we have regarding this property. We trust that by providing a certified letter to Mr. Craig `Collins that he will forward this letter to you in the event that it is not received at the addresses listed above. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitatetocall. Sincerely, Craig R. Nealis City Manager CRN:mlk 08-29-05shern-Itkdoc cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attomey at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official^ Sarah Curran, Drainage/Grading Engineer Resolution No. 996 September 1, 2005 Project No. L-599 D1 DELTA tsu:csiuciatd City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 • Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is this letter to provide pre -construction and winterization recommendations related to the construction of the ATV road Trail Landslide and the lower access road. Currently, GDC is in the process of installing inclinometers in observed the following: pleased to present for construction across the Poppy the landslide and On September 1, 2005, during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. •www.GroupDelta.corq♦ , �.•,_ • i? Resolution No. 996 -6- L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 2 City of Rolling Hills PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should, be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. 2. The guesthouse and landslide head scarp pose an emanate danger to persons traveling on the ATV and temporary access road. Therefore the guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After the guesthouse is removed, the landslide head scarp should be flattened to 1 horizontal to 1 to reduce rock and debris fall hazards from the scarp. A temporary fence should be placed on the uphill side of the ATV road to catch any debris that may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. CROUP r DELTA 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should Resolution No. 996 -7- L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting theroofgutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with . generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring with the conclusions in this report or provide alternate recommendations as deemed appropriate. CROUP DELTA rtusnnri ci Resolution No. 996 -8- L-599 Dl Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills 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. SK for Mike Reader Michael D. Reader, VP, GE Steven H. Koltltoff, PG, CEG N:\Projectsl500-599\L-599 Rolling Hill Poppy Trail Landslide \L -599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc GROUP DELTA tcAstuuraa Resolution No. 996 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: City o� Rolling ✓V:.// i!.,.:.� _•EJ1rL� ,:......f. 24, 14 O O ;:7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX: (310)377.7288 E-mail: cilyolrhrwaol.com On March 22, 2005, the.City received the attached recommendations from our consulting geologist for immediate safety mitigation measures for the land movement involving your property. As you recall, at that time, you provided access agreements for the City of Rolling Hills to complete several of these mitigation measures. The City completed mitigation measures number 1 and 2 (2.0 SHORT TERM RECOMMENDATIONS) described in the attached letter. Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on your property prior to September 15, 2005. Please let us know if you require any assistance with finding a contractor that can complete this work on your property. We look forward to your completion of this work. Thank you for your cooperation. Sincerely, JA Craig R. Nealis City Manager CRN:mlk 07-11-05i1 een-lfr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUT' 7111March22, 2005 Project No. L-599 DELTA City of Rolling Hills tirl:bY4�tlril.l�9 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 11, 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. ♦ w ww.Grounl )ella.com Resolution No. 996 -11- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 2 City of Rolling Hills The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale near mid -slope. The head scarp falls within the guesthouse foundation, which has been exposed and red tagged by Los Angeles County officials. Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a collector pipe for roof runoff next to the guesthouse footing and wall debris were noticed in the area of the guesthouse foundation head scarp. Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (ATV) use. Lights have been stung along the trail with extension cords and florescent light bulbs. A water hose was found along the trail with water pressure. The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS GROUP DELTA tkozil9i L1Jci Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and/or falling. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. 2. During the bulldozer grading the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting, UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. Drainage off of the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. Resolution No. 996 -12- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work, plastic sheeting or sandbagging to not further de -stabilize the scarp, or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data will help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. GROUP r DELTA ta.tsia1(Xita Resolution No. 996 -13- L-599 Group Delta Consultants. Inc. Poppy Trail Landslide 4 City of Rolling Hills Closure This letter summarizes the opinion of GDC, based on the limited walkover and observation of the landside conditions and the limited review of the subject references. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 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. Michael D. Reader, VP, GE L-599 RH Poppy Trail Landslide - Letter Report X1 GROUI' DE LTA IC03,111% L1:1E7 Steven H. Kolthoff, PG, CEG Resolution No. 996 -14- L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills • as• -•. \;.�; ---........!4,..„..,.,76).;.::, /..,: GAS`r.)y`7r f ,,..l --J • ^ • /, i % ! II f- r it . i \,- : I iv\t/ d '1 1� .r %!. l f o. '. .\ .,.w \tl 'c • % �'/ •�\ )�it • `I !• dam. r� 1 �• • 1/4 �": • -k ;:1; ,<rt \:. ,P: ar 99s ` M;C-,dsa �1 • t = •i ,' - \ I ''/ ' ,. ,, .., i ��•___ - ' • `� .\� •.,.. r. --ire...` :': - ,•. � •iy __— � '• • rya 1 `•. _ _ (l ,fir• anF,. ` - , , .',: ' 1ifi'§9,`'.• yll}•�% p t.t .`.tC+ 1 •'.C� �j�. '=�i• �-� .` :�,+ V,— :; 21� � `L.ij l.S�'••/� �<. . •.• c�:: ST• -I ,:T;, Printed from TOPO! X1997 Wildflower Froductior, (www.topo.com) VICINITY MAP Project Number: Project Name: Date: Group Delta Consultants, Inc. L-599 Poppy Trail Landslide 03242005 Figure CROUP 1 DELTA 101244.11 r.1:r G1 Resolution No. 996 -15- ROLLING RILLS.MUNICIPAL CODE Sections: 8.24.010 8.24.020 8.24 030 8..24.040. 8.24.050 8.24.060 8.24:070 8.24.0.80 8.24.090 8.24.100 Chapter 8.24 ABATEMENT OF NUISANCES Nuisance defined. Duty of owner or possessor of property. Notice to abate nuisance. Notice to abate nuisance —Contents. Hearing Hearing and decision. Abatement, by city -Notice of charge. Lien. Charges to be billed on tax bill. Court action. 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 time, date and place of the hearing, Resolution No. 996 -17-: 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 madewithin: 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 forthe 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 shallbe 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 alien 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 tothe 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 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 anprovisions of this chapter, g YP 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 Resolution No. 996 18 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). • Chanter 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). Resolution No. 996 -19- DEC 0 1 2005 CITY OF ROLLING DILLS By _...._ JEFFREY S. GERARDO jeffrey.gerardo@kutakrock.com (949) 417-0999 KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrook.com November 30, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 Re: Hui-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA Thank you for your correspondence of November 28, 2005. As you know, when we spoke last week, our conversation centered upon whether your client would be able to put together a plan to save the guest house in the rear of his property on an immediate basis. It is my understanding that you have had a number of conversations with Mr. Jenkins concerning when the City intended to perform its work related to the Abatement Warrant. It is also my understanding that you have known for some time that the City intended to perform work pursuant to the Abatement Warrant during the week of November 28, 2005. In fact, when we attended the Abatement Warrant hearing on November 17, 2005, your office was advised in Court that the work could potentially occur as early as November 23, 2005. Ms. Libertino of your office was informed that because of the Thanksgiving weekend, it was possible that the work would not commence until the week of the 28th. The alternative plan that you offer is one that simply cannot be adopted by the City. The conditions at the site pose a safety risk to those traversing the area, and the Court has obviously agreed with the City's decision to proceed pursuant to the Abatement Warrant. I will refrain from responding to your contention that the City is acting in a "sneaky" manner, or is "attempting to create the illusion of cooperation", other than to emphasize that your client has known about the problem on his property for more than half a year and has done nothing to remedy the condition. The City is concerned with public safety, and as your office has been advised on many occasions, the repair work at the site has nothing to do with facilitating access to a road that will ultimately be used by other residents in the area. 4851-9136-9216.1 KUTAK ROCK LLP Craig M. Collins November 30, 2005 Page 2 As far as providing notice of the work to be completed is concerned, the City intended to initiate work today, November 30, 2005. Your office has been advised of the probable initiation of work at some point this week by both Mr. Jenkins, as well as my office, several times. It is my understanding that equipment necessary to complete the work may be delivered to the site on today's date. Despite the fact that the City intended to initiate work today, in the interests of cooperation, I am instructed to advise your office that the work will commence at 7:30 a.m. on December 1, 2005 to provide your office the opportunity to photograph the work to preserve evidence if you feel this is necessary. As far as providing documentation is concerned, I am informed that the City will provide documentation it possesses concerning the work it intends to perform. Please feel free to work with the appropriate City representatives to obtain this documentation, as I do not have the paperwork at this time. Very truly yours, JSG/eap cc: Mike Jenkins, via facsimile Craig Nealis, via facsimile 4851-9136-9216.1 OI)Subj: Sheen v. Rola Hills - Status letter to f Warren Date: Monday, November 21, 2005 11:28:39 AM From: Judi.Kaminishi@KutakRock.com To: mjenkins @ localgovlaw.com, cityofrh@aol.com Mr. Jenkins and Mr. Nealis: Attached is a copy of Ed Richards' status letter to Carl Warren in the above -captioned matter. Any response should be made directly to Mr. Richards at Edwin.richards@kutakrock.com. Thank you. Judi N. Kaminishi, Legal Assistant Kutak Rock LLP 18201 Von Karman Ave., Ste. 1100 Irvine, California 92612 949-417-0999, Ext. 6673 949-417-5394, Facsimile judi.kaminishi@kutakrock.com ################################################### ################################################### ####### 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, 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. 11/21/05 America Online : Cityofrh Page 1 Thank you. ################################################### ################################################### ####### -------------------- Headers --------------------------- Return-Path: <Judi.Kaminishi@KutakRock.com> Received: from rly-yj03.mx.aol.com (rly-yj03.mail.aol.com [172.18.180.141]) by air-yj03.mail.aol.com (v107.13) with ESMTP id MAILINYJ31-80543821f30e6; Mon, 21 Nov 2005 14:28:39 -0500 Received: from mail.kutakrock.com (mail.kutakrock.com [69.63.112.162]) by rly-yj03.mx.aol.com (v107.13) with ESMTP id MAILRELAYINYJ35-80543821f30e6; Mon, 21 Nov 2005 14:25:37 -0500 Received: from exfe02.firm.kutakrock.com (Not Verified[10.15.172.160]) by mail.kutakrock.com with NetIQ MailMarshal (v5.5.6.6) id <B002d8576b>; Mon, 21 Nov 2005 13:25:31 -0600 Received: from KREXCLUS01.firm.kutakrock.com ([10.15.172.170]) by exfe02.firm.kutakrock.com with Microsoft SMTPSVC(6.0.3790.0); Mon, 21 Nov 2005 13:25:29 -0600 X-MimeOLE: Produced By Microsoft Exchange V6.5.7226.0 MIME -Version: 1.0 Subject: Sheen v. Rolling Hills Status letter to Carl Warren Date: Mon, 21 Nov 2005 13:22:54 -0600 Message -ID: <79A836C5F3C62B41 AA6EBE9DF3D7A7DDOB5EE3D4@KREXCLUS01.firm.kutakrock.com> X -MS -Has -Attach: yes X -MS -TN EF-Correlator: Thread -Topic: Sheen v. Rolling Hills - Status letter to Carl Warren Thread -Index: AcXu0PiQhF3M0vQ7Qg6tV0gAOQ6Xew== From: "Kaminishi, Judi N." <Judi.Kaminishi@KutakRock.com> To: <mjenkins@localgovlaw.com>, <cityofrh@aol.com> X-OriginalArrivalTime: 21 Nov 2005 19:25:29.0060 (UTC) FILETIME=[54F14240:01C5EED1] Content -class: urn:content-classes:message Content -Type: multipart/mixed; boundary="----__NextPart_001_01C5EEDO.F9826337" X-AOL-IP: 69.63.112.162 X-AOL-SCOLL-SCORE: 0:2:334038223:9932111 X-AOL-SCOLL-URL COUNT: 0 11/21/05 America Online : Cityofrh Page 2 KUTAK ROCK LLP EDWIN J. RICHARDS edwin. richards@kutakrock.com (949) 417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 17, 2005 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA On November 16, 2005, we attended plaintiff s Ex Parte Application for a Temporary Restraining Order, along with a request for a hearing date on a Petition for Preliminary Injunction as it relates to the Abatement Warrant issued by the City of Rolling Hills. Plaintiff filed a voluminous Ex Parte Application as part of the TRO. In plaintiffs paperwork, Mr. Sheen indicated that he did not have a problem with the Abatement Order as it pertained to the need to seal tension cracks, cover the site with UV -resistant plastic sheeting, installation of temporary drainage devices to divert storm water and take other steps the City deemed necessary to ensure that the property was in compliance with the Rolling Hills Municipal Code. Plaintiff did object to the City s attempt to demolish a guest house located at the rear of the property, and would not agree to the City s attempt to flatten the hillside head scarp to a 1:-1 slope. The gravamen of plaintiff s TRO was that demolishing the structure, as well as flattening Mr. Sheen s hillside were unnecessary to protect the public safety or to prevent further landsliding, but, instead, were the City s attempt to construct a new road below Mr. Sheen s property for the benefit of seven residences further up the canyon. Mr. Sheen argued that if the City seeks to destroy part of his property on the non -emergency road construction project, it must comply with Eminent Domain laws, which provide for payment of compensation. As part of his ex parte petition, plaintiff submitted a Declaration from a geologist named Russell Harter. Mr. Harter s Declaration indicates that he has visited the site on two occasions in order to investigate the landslide. Mr. Harter claims that he visually inspected plaintiff s property, which included both an interior and exterior examination of the guest house, which is a one-story brick structure approximately 40 feet by 48 feet in size. (Note: The guest house is in 4829-2080-8704.1 11317-51 ,KUTAK ROCK LLP Mr. Dwight Kunz November 17, 2005 Page 2 excess of 1900 square feet.) According to Mr. Harter, the guest house had only limited damage. Mr. Harter claimed that he observed only a few cracks near the eastern quarter of the structure. He stated that the cracks range from hairline to more than one -quarter of an inch. He concluded that without further landslide damage, the cracks were cosmetic in nature and could be fixed by patching and painting. Most importantly, Mr. Harter concluded that he saw no evidence of overall movement of the guest house by the landslide and claims that the structure was not in immediate danger. Mr. Harter s Declaration concludes that the guest house did not need to be demolished as ordered in paragraph two of the Abatement Warrant. He points out that based on his review of the Group Delta Consultants Report, dated June 16, 2005, no scientific data was presented to establish that the guest house was presently unstable or would become unstable in the near future. Mr. Harter opines that installing soldier piles along the eastern side of the guest house would protect the structure during future grading activity, and would be more cost-effective than destroying the guest house itself. Additionally, Mr. Harter opined that there was no need to flatten the head scarp described in paragraph 4 of the Abatement Warrant in order to construct the temporary access road. He pointed out that, rather than flatten the head scarp, multiple debris fences could be placed between the head scarp and the temporary access road to alleviate any concerns of falling debris until a permanent repair of the hillside could be completed. Thereafter, he stated that plaintiff should permit the City s consultants to inspect the guest house on a regular basis, perhaps monthly, to monitor its condition. He points out that such a proposal would allow the guest house to remain intact and would address any concerns of the City that creep movement of the hillside could destabilize the structure. Finally, Mr. Harter concludes that grading of the temporary access road is not a good engineering practice unless there is a permanent fix to the landslide area during the grading activity. He points out that further investigation on his part will result in conclusions concerning the failure of the hillside itself. Because plaintiffs are, no doubt, claiming that construction of the Poppy Trail Road, and its alleged inadequate maintenance, caused or contributed to the hillside failure, we should expect that conclusions in this regard will ultimately be reached by Mr. Harter. Despite the content of the plaintiffs TRO paperwork, Judge Nishimoto denied plaintiff s TRO. Instead, he indicated that plaintiff s remedy was to file a Writ concerning Judge Hourigan s previous ruling on the Abatement Warrant. Plaintiff argued that time should be permitted to file such a Writ and have the Writ heard by the Court of Appeals before the City should be allowed to take any remedial action. The Court declined and denied the petition. When the attorneys were leaving the courtroom, counsel for plaintiff, Craig Collins, provided notice of an ex parte motion by which he would ask Judge Hourigan (the judge who issued the nuisance abatement order) to strike the Abatement Warrant on the basis that Judge Hourigan did not have jurisdiction to issue the Abatement Warrant, when there was a previously - 4829 -2080-8704.1 11317-51 ,KUTAK ROCK LLP Mr. Dwight Kunz November 17, 2005 Page 3 filed pending civil action by plaintiff. We will report back concerning Judge Hourigan s ruling following the proceeding on November 17, 2005. If you should like to discuss any of the subjects addressed above in further detail, please feel free to contact me at your convenience. Very truly yours, Edwin J. Richards EJR:JSG:ep cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. P.S. I am pleased to advise that Judge Hourigan denied plaintiffs second ex parte motion in which he attempted to avoid the abatement warrant. The plaintiffs only remaining remedy is to petition the appellate court for an emergency stay of enforcement of the abatement warrant. I will advise if and when we receive notice of such a petition. 4829-2080-8704.1 11317-51 .KUTAK ROCK LLP • Mr. Dwight Kunz November 17, 2005 Page 4 Craig R. Nealis City of Rolling Hills No. 2 Portugese Bend Road Rolling Hills, CA 90274 Michael Jenkins Jenkins & Hogin 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 4829-2080-8704.1 11317-51 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn: Craig Nealis, City Manager RE: Principal Member City Claimant D/Incident Our File Dear Mr. Nealis: November 2, 2005 NOV 0 7 2005 CITY OF ROLLING HILLS By CJPIA City of Rolling Hills Alan Sheen 3/5/2005 1391221 We are in receipt of the Summons and Complaint number VC051963 filed in the Torrance Superior Court and served upon the City on October 27, 2005. We have referred this case to Edwin J. Richards of the law firm of Kutak Rock, LLP, Suite 1100, 18201 Von Karman Avenue, Irvine, CA 92612-1077, to protect the interest of the City. The matter will continue to be managed by Dwight Kunz of Carl Warren & Co. located at 750 The City Drive, Suite 400, Orange, CA 92868. Please contact the assigned defense attorney, the Supervisor at Carl Warren & Company or the CJPIA at any time with questions and comments. Very Truly Yours, CARL WARREN & CO. cc: CJPIA Attn: Executive Director Dwight J. Kunz CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 Kutak Rock, LLP Suite 1100 18201 Von Kfrman Avenue Irvine, CA X2612-1077 Attn: E `win J. Richards, Esq. APP ARANCE DUE BY: 1. Gentlemen: RE: November 2, 2005 November 28, 2005 Principal Member City Claimant D/Incident Our File • • • • • • • • CJPIA City of Rolling Hills Alan Sheen 3/5/2005 1391221 This assignment is being made to your office by our principal on behalf of the self -insured City of Rolling Hills. Attached you will find a copy of Summons and Complaint VC051963 filed in the Torrance Superior Court on Ocdtober 27, 2005 in which the member city is a named defendant. These papers were served upon the City Clerk by personal process on October 27, 2005 Plaintiff's property was allegedly damaged by earth movement precipitated by substantial grading and other activities on or near the subject property. This case is moving very quickly. The City Attorney is obtaining an abatement order concerning the landslide and we anticipate an ex parte Temporary Restraining Order by plaintiff. We would appreciate your promptly getting up to speed and being prepared to timely respond to the TRO if necessary. Please enter an appearance and file the requisite responsive pleading. For your use in accomplishing this we enclose a copy of our investigative file. Please acknowledge immediately your receipt of this assignment. Within 30 days please advise by letter: • Your evaluation of liability based on present information. CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400.Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 • Your evaluation of damages at the present time. • Applicable Government Code defenses. In your initial letter kindly set forth a budget of attorneys' fees projected for handling the entire case up to completion of trial prep discovery. Your report should be to this office, with copies of correspondence including enclosures to the California Joint Powers Insurance Authority, 8081 Moody Street, La Palma, CA 90623, to the attention of the Executive Director; and copies correspondence only to the City of Rolling Hills to the attention of Craig R. Nealis. All invoices for legal services and other expense invoices should be sent to Carl Warren & Co. for review and payment processing on behalf of our principal. The file should not be invoiced more frequently than every ninety (90) days unless services and costs exceed $5,000.00. Please refer all requests for settlement authorization to Carl Warren and Co. and immediately alert us at any time a settlement potential exists. We shall require a report any time any activity occurs that would change the value of the case or every 90 days, regardless of change, whichever comes first. In order to control expenses our principal has asked that you secure from this office, permission to undertake any significant discovery, i.e., depositions, experts of any type, etc.. In addition, all legal research requires prior approval. When requesting permission to accomplish the aforementioned activity, please state briefly your reasons for requesting it at that time. We appreciate your complying with this requirement, and we will endeavor to be prompt in responding to your requests. If there is a critical time factor involved, please feel free to phone the undersigned and later confirm by mail. We thank you in advance for your assistance. Very Truly Yours, CARL WARREN & CO. Dwight J. Kunz Acct. Manager/AVP Enc. Originals of file — 2 — Carl Warren & Co. , • • Request for Authority forms Litigation Plan & Budget cc: City of Rolling Hills, Attn: Craig Nealis cc: CJPIA - Attn: John Bolin 3 Carl Warren & Co. Mi NOV 1 5 2005 CITY OF ROLLING HILLS EDWIN J. RICHARDS edwin.richards@kutakrock.com (949) 417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City D/Incident Your File KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 11, 2005 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES • OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA Dear Mr. Kunz: We are continuing to gather information to bring ourselves up to speed with regard to this case. I recently traveled to City Hall and obtained a substantial number of documents related to the current landslide and had a brief conversation with Mr. Nealis. Please allow me to provide you with the following updated information. PROCEDURAL STATUS As indicated in my previous report, I am of the opinion that the Complaint is sufficient to withstand a demurrer. We are therefore in the process of drafting and will soon file an Answer to the Complaint which will raise all applicable affirmative defenses. The Complaint can be viewed as containing two parts. The second part consists of causes of action for inverse condemnation, nuisance, and dangerous condition of public property by which the plaintiff is seeking monetary damages. The first part of the Complaint is a cause of action for an administrative writ of mandate seeking injunctive relief to preclude. the City from coming on the plaintiff's property to perform emergency nuisance abatement action. As anticipated, the plaintiff has given notice of his intent to go into court next week with an ex parte motion seeking a temporary restraining order to enjoin the City from undertaking repair work upon the plaintiff's property pending the outcome of the litigation. We are coordinating our efforts with the City Attorney and will be prepared to appear with him at the ex parte hearing in opposition to the petition for a temporary restraining order. 4847-1479-0912.1 11317-51 K'UTAK, ROCK LLP Mr. Dwight Kunz November 11, 2005 Page 2 For the reasons set forth above, based upon my recent discussions with Mr. Nealis, and the City Attorney, and my preliminary review of the geotechnical data, I am of the opinion that we should be successful in defeating the petition for a temporary restraining order. We are informed that the plaintiff will appear ex parte with his motion on November 16, 2005. I will report promptly upon completion of the hearing. ADDITIONAL FACTUAL INFORMATION In my previous report, I described the landslide. I have now obtained an aerial photograph and a map which will assist in understanding the events. Attachment 1 is an aerial photograph. The plaintiff's property is identified as #1 Poppy Trail. The guest house to the left of the main house also belongs to the plaintiff. The topography is such that the property slopes downhill from the plaintiffs residence andguest house towards Poppy Trail Road. In the center of the aerial photograph is Poppy Trail Road. It intersects to the east with Portuguese Bend Road. The 7 houses serviced by Poppy Trail Road are located to the west. In the lower right hand comer is a riding arena. That property is owned, maintained and controlled by the City of Rolling Hills. The City property also extends to the west of that riding arena below Poppy Trail Road. The City of Rolling Hills is somewhat unique in that the streets within Rolling Hills are owned by the Community Association — not the City. Therefore, Poppy Trail Road is a street owned and maintained by that Association. It is not a City street. In attachment No. 1, you can see what appears to be a smaller road located below Poppy Trail Road and generally parallels it. That is actually an equestrian trail that is owned and maintained by the Association. Attachment 1 shows the outline of the subject landslide. The perimeter of the landslide mass is outlined with the dashed lines and the two arrows depict the general direction of movement of the slide. As you can see, the toe of the slide has proceeded across and completely blocked Poppy Trail Road. As a result, the homes located to the west of the slide mass have lost their access via Poppy Trail Road. As I indicated in my previous report, following the occurrence of the slide, the City intended to undertake three immediate actions. Pursuant to the advice of their geologist, they intended to do minor grading upon the slide mass in order to seal the fissures that developed as a result of the movement. Second, they intended to cover the majority of the slide mass with a visqueen material in order to prevent further moisture from entering the slide mass which would 4847-1479-0912.1 11317-51 KUTAKg ROCK LLP • Mr. Dwight Kunz November 11, 2005 Page 3 exacerbate the movement. Third, the City intended to establish a temporary road to afford access to the 7 homes serviced by Poppy Trail Road. Attachment 2 is the preliminary plan to accomplish the construction of the temporary road. One of the allegations the plaintiff makes in his complaint is that the City has a secret motive in requesting permission to come upon his property in order to abate the landslide nuisance. The Complaint alleges that the City's true motive is to construct the temporary road upon the plaintiff's property. Notice on Attachment 1 that the proposed temporary road is entirely upon city property and does not go on to the plaintiff's property whatsoever. In my discussion with Mr. Nealis, he confirmed that fact. I also obtained information with regard to the long term plan to reestablish the permanent road to be known as Poppy Trail Road. Mr. Nealis informed me that the road is owned and maintained by the Association, and that the Association is currently in the process of designing a new permanent roadway. The plan is to create the new road south of the existing Poppy Trail Road, utilizing the current equestrian easement that is maintained by the Association. Mr. Nealis emphasized that the replacement road is a project being undertaken by the Association in which the City is not directly involved. UPDATED ANALYSIS The current attention of all parties is being devoted to the plaintiff's petition for a temporary restraining order. Those issues turn upon whether the plaintiff can meet its burden of convincing the Court that there is a good likelihood of succeeding on the ultimate merits of this case and whether the plaintiff will suffer irreparable harm if the City is allowed to undertake its intended work upon his property, and that the plaintiff's irreparable harm outweighs any irreparable harm that might result to the City or the public if the City's work is not undertaken. The material being gathered by the City Attorney_ seems to establish rather overwhelmingly that the City must undertake emergency action to winterize the slide mass in order to avoid exacerbation of the landslide with the upcoming rains. The geotechnical information indicates that the head scarp of the landslide mass is located directly under the plaintiff's guest house, and photographs confirm that the foundation of that guest house has been completely undermined. The County Building Department has inspected the house and has "red tagged it" as being uninhabitable. The geotechnicalreport indicates that any further movement of the landslide may cause the house to collapse which would result in it potentially falling down the slope and on to the temporary road, thereby endangering users of the road. I think the Court will conclude that public safety mandates that the City be allowed to undertake the emergency repair work that it is proposing, including a demolition of the guest house in order to eliminate the risk of collapsing. 4847-1479-0912.1 11317-51 K,UTAK ROCK LLP Mr. Dwight Kunz November 11, 2005 Page 4 Once we complete the work with regard to defending against the plaintiff's petition for a temporary restraining order, we will turn our attention to development of the defenses to the plaintiffs damage claims under inverse condemnation, nuisance and dangerous condition of public property. With your permission, we will proceed as outlined above, and I will keep you closely advised. Edwin J. Richards EJR:dv cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. • 4847-1479-0912.1 11317-51 AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA Figure 2 Aerial Photo, Poppy Trail Landslide, April 2005 City of Rolling Hills, CA -i rt" e. -z: ��,_ :�:�.s£2#�e •.. - ,:,... rn ;c..k?'m.?�3.a's9:�,',^n �"+L:-.:wlc� 1 1 1 SCHEMATIC OF TEMPORARY POPPY TRAIL RE -ALIGNMENT t, ' 4$4416I T -rail Y• ,rte _ _ =- "op-ofPropo o _cu-t=4lope - T y` ta(ikoPPY T Propose E ,tip \ • 4 I • Cfly Lot h Let 2. \ \111;1l1 1 111 1j 1� 111 111 +1+ �t� 1 vIN\\!.•! v 4 i / + r> ' •\- t ''`` y• #l'Poppy T 0.0or. flan Si tro 1• Portion of tot 90 Foiling ti I, In= 1.,•• • `Propo d,pebfiis: Waif --; -- cROiJP -men= ( City Lot -f- mot• \�� ; I N \t• • L 1.41 J Figure 5 riPedq NOV 0 5 2C05 CITY OF FOLLUNG HILLS EDWIN J. RICHARDS edwinsichards@kutakrock.com (949)417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident Your File Dear Mr. Kunz: • KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 8, 2005 Alan Sheen v City of Rolling Hills City. of Rolling Hills 3/5/05 1391221 This will confirm our receipt of this assignment. Thank you for referral to our office. Please allow me to provide you with our preliminary review of this case based on the material we have received. ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA FACTS I have reviewed the complaint as well as the administrative claim filed with the City by the plaintiff. I have also spoken with the City Attorney and the attorney for the co-defendant Rolling Hills Community Association (Association). These sources reveal the following factual background to this litigation. The plaintiff owns a single family residence located at 1 Poppy Trail Road in the City of Rolling Hills. Counsel for the Association informs me that the road was constructed by a private developer sixty years ago. He advises that the Association assumed maintenance of the road ten years ago, and that while it crosses City property it is not clear who actually owns the road. The complaint alleges that the plaintiff's property is located upslope from the road. I have.some 'familiarity with the properties in this area and I suspect that the plaintiff's property consists of more than an acre. On March 5, 2005, a landslide began to occur which is affecting both the road and the plaintiff's property. The slide has rendered the road unusable. There are seven homes located on 4823-3032-8832.1 X? 'N CMe-1 Poo 6 KUTAK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 2 Poppy Trail Road beyond the slide. Poppy Trail Road is a dead end street so these seven property owners currently have no vehicular access to their properties. It appears from the complaint that upon the occurrence of the slide, the City undertook to investigate the slide and winterize the slide mass. The plaintiff granted the City access to his property to address the slide condition. According to the complaint, the City not only undertook to investigate the slide, but also undertook significant grading on plaintiff's property in order to establish a temporary access road to service theseven homes. located beyond the location of the slide. It is alleged that these grading efforts by the City has undermined the slope immediately below a guest house on the plaintiff's property and has jeopardized that structure. The plaintiff contends that while he granted permission for the City to come onto his property and investigate the slide and to winterize the slide mass, he never granted permission to undertake any work to establish a temporary access road. The complaint alleges that the grading undertaken to establish an access road exceeded the permission granted to the City, and that once the winterization of the slide mass was completed he expressly revoked his permission for the City's access to his property. It appears from the complaint that as a result of the City's investigation of the slide, its geologist submitted a report in which recommended a series of actions to be taken to facilitate the establishment of a temporary road to provide access to the seven homes. On September 2, 2005, the City undertook to formally direct the plaintiff to implement the "Access Road Facilitation Steps" outlined by the City's geologist and gave notice that if the plaintiff did not comply by November 26, 2005 the City would proceed to a nuisance abatement hearing. The plaintiff failed to comply with the City's directive, and a nuisance abatement hearing was conducted on September 26, 2005. The hearing resulted in a formal resolution by the Council by which -the plaintiff's property was declared a public nuisance, and the plaintiff was ordered to abate the nuisance under a schedule provided in the resolution. The resolution required the plaintiff to complete the required work by November 10, 2005 or the City would abate the nuisance at plaintiff's expense. I am informed that the plaintiff has not commenced the required work and the City is prepared to step in and complete it. It is not clear to me at this point whether the intended work is limited to creating an access road or if it will also include work to stabilize the slide. The City Attorney has informed me that his office obtained an abatement order from the Court on November 7, 2005, and they intend to utilize the court order to accomplish the intended work on the plaintiff's property within the next few days. 4823-3032-8832.1 11317-34 KUTAK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 3 PLEADINGS Based on these facts, the plaintiff has filed the subject lawsuit which includes six causes of action and names as defendants the City and the Rolling Hills Community Association. The first and second causes of action seek a writ of mandate to enjoin the City from carrying out the provisions of the resolution referred to above (Resolution 996). Pursuant to the first cause of action, the plaintiff is expected to seek a temporary restraining order or preliminary injunction to block the City from proceeding with its intended work. If the plaintiff seeks a temporary restraining order or preliminary injunction, he will have the burden to convince the Court of two elements. First, the plaintiff must show that if the relief is not granted he will suffer irreparable injury, and that injury must be balanced against the injury that the City or the public would suffer if the relief is granted. Second, the plaintiff must convince the Court that he has a reasonable probability of prevailing on the merits of the case at trial. Case law is clear that these remedies are considered to be extraordinary remedies that are to be granted with caution. We are coordinating our efforts with the City Attorney and will be prepared to immediately oppose plaintiff's anticipated petition for a temporary restraining order or preliminary injunction. At trial, in order to prevail with the petition for writ of mandate the plaintiff must establish that the acts of the City were unconstitutional or constituted an abuse of discretion. The remaining causes of action seek monetary damages against the City and the Association under theories of inverse condemnation, dangerous condition of public property, nuisance and negligence. The factual basis of these causes of action is a familiar theme with which we have dealt in the past. The complaint alleges that Poppy Trail Road was originally constructed by cutting into an existing slope. Recall that the plaintiff's property is located upslope of the road, and the complaint alleges that the construction of the road reduced the lateral support to plaintiff's property. Over the 60 years the road has existed, it has been maintained by either the City or the Association according to the complaint. It is alleged that the manner in which it was maintained has caused water that would have otherwise drained down the slope to collect on the road and infiltrate into the soil. The infiltration of that water is alleged to have been a precipitating factor in causing the land slide that commenced on March 5, 2005. Based on those allegations, the complaint alleges that the road constitutes a public improvement that is owned, maintained and/or controlled by either the City or the Association which imposes liability to each of them under the theories of inverse condemnation, dangerous condition of public property, nuisance and negligence. 4823-3032-8832.1 11317-34 KUTAK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 4 DAMAGES A prevailing plaintiff under inverse condemnation is entitled to recover the cost of repair or diminution in value to his property as a result of the government's actions, which ever is less. A prevailing plaintiff is also entitled to recover attorney fees and expert fees. Under the dangerous condition, negligence and nuisance causes of action a prevailing plaintiff is entitled to recover whatever property damages proximately resulted from the defendant's acts. The plaintiff is not entitled to recovery attorney fees or expert fees, but would be entitled to recover emotional distress damages. POTENTIAL CROSS COMPLAINT There are three potential cross -complaints to be considered. The first would be against the Association based on its involvement with the maintenance of the road. However, I am aware that the City and the Association have a close working relationship and have worked in cooperation in defending other litigated matters. I would want to carefully evaluate the factual basis and the strategic considerations of a potential cross -complaint against the Association, and would want to discuss the issue with the City before making a decision. The second potential cross -complaint would be against the developer who constructed the road. However I believe that the ten year statute of limitation applicable to developers would bar such an action. The third potential cross -complaint would be against the plaintiff. Counsel for the Association mentioned to me that the plaintiff's property was built on a known landslide, and that the drainage system servicing his property appears to be a probable contributing cause of the landslide. We will evaluate these issues and report further as we proceed. LITIGATION PLAN We will be prepared to immediately respond in coordination with the City Attorney to a petition by the plaintiff for a temporary restraining order or preliminary injunction. I have reviewed the complaint and it is my opinion that the pleadings are sufficient to withstand a demurrer. We will therefore prepare and file a timely general denial raising all applicable affirmative defenses, including applicable immunity defenses. I recommend that we propound appropriate interrogatories to the plaintiff to obtain all relevant background information related to the property, and a demand for production of documents that support his allegations. At the same time, I will arrange to promptly meet with 4823-3032-8832.1 11317-34 KUTAK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 5 the City Attorney to review the City's administrative record related to this case, and meet with counsel for the Community Association to review his material. I will report further once these items have been accomplished and recommend a deposition schedule at that time. With your permission we will proceed as outlined above and keep you informed. Very truly you Edwin J. Richard EJR:dv cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. 4823-3032-8832.1 11317-34 NOV 0 7 205 CITY OF ROLLING HILLS EDWIN J. RICHARDS judi.kaminishi@kutakrock.com (949) 417-0999 VIA E-MAIL Mr. Dwight Kunz Carl Warren & Company 750 The City Drive, Ste. 400 P.O. Box 25180 Santa Ana, CA 92799-5180. IIKUTAK ROCK LLP • SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 4, 2005 Re: Sheen v. City of Rolling Hills Member City: Rolling Hills Claimant: Alan Sheen ClaimNo. 1391221 D/Loss: 3-5-2005 Dear Mr. Kunz: ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LINCOLN LITTLE ROCK OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA This will acknowledge receipt of the above -referenced file. We will promptly review the file and provide you with our review and analysis. We will, of course, copy all correspondence to CJPIA, attention Executive Director, and to Craig R. Nealis of the City of Rolling Hills per your instructions. Thank you for the referral of this matter to our office. v Edwin J. Richards EJR:jk cc: Mr. John Bolin, CJPIA (via email) Mr. Craig Nealis, City` of: Rolling Hills 4837-9990-7840.1/1 1-1 • WORM DEC 0 1 2005 CITY OF ROLLING HILLS 8y JEFFREY S. GERARDO jeffrey.gerardo@kutakrock.com (949) 417-0999 KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92 61 2-1 077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 30, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 Re: Hui-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY ' LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA Thank you for your correspondence of November 28, 2005. As you know, when we spoke last week, our conversation centered upon whether your client would be able to put together a plan to save the guest house in the rear of his property on an immediate basis. It is my understanding that you have had a number of conversations with Mr. Jenkins concerning when the City intended to perform its work related to the Abatement Warrant. It is also my understanding that you have known for some time that the City intended to perform work pursuant to the Abatement Warrant during the week of November 28, 2005. In fact, when we attended the Abatement Warrant hearing on November 17, 2005, your office was advised in Court that the work could potentially occur as early as November 23, 2005. Ms. Libertino of your office was informed that because of the Thanksgiving weekend, it was possible that the work would not commence until the week of the 28th. The alternative plan that you offer is one that simply cannot be adopted by the City. The conditions at the site pose a safety risk to those traversing the area, and the Court has obviously agreed with the City's decision to proceed pursuant to the Abatement Warrant. I will refrain from responding to your contention that the City is acting in a "sneaky" manner, or is "attempting to create the illusion of cooperation", other than to emphasize that your client has known about the problem on his property for more than half a year and has done nothing to remedy the condition. The City is concerned with public safety, and as your office has been advised on many occasions, the repair work at the site has nothing to do with facilitating access to a road that will ultimately be used by other residents in the area. 4851-9136-9216.1 -, KUTAK ROCK LLP Craig M. Collins November 30, 2005 Page 2 As far as providing notice of the work to be completed is concerned, the City intended to initiate work today, November 30, 2005. Your office has been advised of the probable initiation of work at some point this week by both Mr. Jenkins, as well as my office, several times. It is my understanding that equipment necessary to complete the work may be delivered to the site on today's date. Despite the fact that the City intended to initiate work today, in the interests of cooperation, I am instructed to advise your office that the work will commence at 7:30 a.m. on December 1, 2005 to provide your office the opportunity to photograph the work to preserve evidence if you feel this is necessary. As far as providing documentation is concerned, I am informed that the City will provide documentation it possesses concerning the work it intends to perform. Please feel free to work with the appropriate City representatives to obtain this documentation, as I do not have the paperwork at this time. Very truly yours, JSG/eap cc: Mike Jenkins, via facsimile Craig Nealis, via facsimile 4851-9136-9216.1 FEB 0 3 2000 CITY OF ROLLING HILLS EDWIN J. RICHARDS edwin.richards@kutakrock.com (949) 417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: •KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com February 7, 2006 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA We have been proceeding as previously discussed. We have drafted an agreement to be entered between the City and the Homeowners Association whereby we mutually agree to defer prosecuting indemnity cross -complaints against one another. Recall that we discussed that at a meeting at City Hall, and it was agreed that we would enter such an agreement in order to be able to mutually defend against the plaintiff's allegations. The draft agreement is currently in the hands of counsel for the Association and should be finalized shortly. The agreement will reserve all indemnity rights and agree to extend the applicable statute of limitations following which the cross -complaints that have been filed will be dismissed. The remedial grading work has now been completed. The head scarp has been graded at an angle so as to eliminate the vertical cliff, and other stabilization work has been undertaken by the City's contractor. We arranged with the contractor to investigate and document the evidence that existed related to the cause of the landslide at the same time he was performing the remedial work. We will soon meet with him and discuss his findings and conclusions with regard to the cause of the landslide. There has been little action from the plaintiff's attorney over the past 30 days. We have propounded written discovery and are awaiting responses. I will report to you once they are received. 4818-7492-4800.1 11317-51 PKJ. IAK ROCK LLP Mr. Dwight Kunz February 7, 2006 Page 2 Please call if you have any questions. We will proceed as outlined above and keep you closely advised. Very truly yours, Edwin J. Richards EJR:jk cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. 4818-7492-4800.1 11317-51 TOLLING AGREEMENT 1. INTRODUCTION. This Tolling Agreement, ["AGREEMENT"] is made this day of February 2006, between and among, the CITY, on one hand, and RHCA, on the other hand: 2. DEFINITIONS. As used in this AGREEMENT, the following phrases and words have the following meanings: 2.1 ACTION means or refers to the action entitled, Hui-Tse Sheen v. City of Rolling Hills, et al., Case No. YC 051963. 2.2 CITY means or refers to the City of Rolling Hills and RELATED PERSONS AND ENTITIES. 2.3 FULL RESOLUTION refers to that point in time after a judgment has been entered in an action and all applicable periods of time within which to file any post -trial motions and appeals have expired or, alternatively, when a request for dismissal has been entered by the court clerk. 2.4 "NON -PARTICIPATING PARTY" means or refers to any person or entity, other than the CITY and RHCA. 2.5 "PARTICIPATING PARTY" or "PARTICIPATING PARTIES" means or refers to the CITY and RHCA, and each of them. 2.6 "RELATED PERSONS AND ENTITIES" means or refers to any and all parent companies, subsidiaries, successors, predecessors, divisions, affiliates, related corporations and entities, administrators, assigns, agents, directors, employees, executors, heirs, joint venturers, legal representatives, experts, officers, partners, predecessors, stockholders, successors in interest, trusts, and trustees of a PARTICIPATING PARTY or where appropriate any other person or entity mentioned in this AGREEMENT. 2.7 RHCA means or refers to Rolling Hills Community Association and RELATED PERSONS AND ENTITIES. 2.8 SHEEN PROPERTY means or refers to the real property and improvements located at 1 Poppy Trail, Rolling Hills, California 90274. 2.9 "TOLLED CLAIM" or "TOLLED CLAIMS" means any and all actions, causes of action, claims, complaints, cross -complaints, demands and disputes 1) relating to or arising out of the ACTION, and/or 2) relating to or arising out of the SHEEN PROPERTY. "TOLLED 4846-4237-9008.1814-3589- 9136.1C: \ Documents and Settings\hyde\Local Settings \Temp\X PGRP W ISE\Tolling Agreement.doc.1 NW04-0000051 2684634.1 4824-1369-6512.1 Page 1 of 7 TOLLING AGREEMENT • • CLAIM" or "TOLLED CLAIMS" includes, without limitation, any and all claims for equitable indemnity, express indemnity, implied contractual indemnity, contribution, damages and declaratory relief. 2.10 "TOLLING PERIOD" means or refers to the period commencing February 3, 2006 and continuing until termination of this AGREEMENT pursuant to the terms hereof. 3. RECITALS. This AGREEMENT is made with reference to the following facts and circumstances: 3.1 On October 27, 2005, Hui-Twe Sheen filed the ACTION. The ACTION stems from the plaintiff s claim that allegedly improper construction and/or maintenance of an access road allegedly caused a landslide and damaged the SHEEN PROPERTY. The ACTION asserts causes of action for Inverse Condemnation, Dangerous Condition of Public Property, Nuisance, Negligence and Preliminary and Permanent Injunction. 3.2 On or about November 23, 2005, the CITY filed a Cross -Complaint naming the RCHA, in addition to others, and asserting causes of action for Damages, Equitable Indemnity, Comparative Neglience and Declaratory Relief. 3.3 On or about December 13, 2005, RHCA filed a Cross -Complaint naming the CITY, in addition to others, and asserting causes of action for Damages, Equitable Indemnity, Comparative Negligence and Declaratory Relief. 3.4 The parties to this AGREEMENT wish to defer as between themselves any disputes in connection with the TOLLED CLAIMS. This AGREEMENT effectuates that resolution. NOW THEREFORE, in consideration of the foregoing, recitals and mutual evidence contained herein, the parties agree as follows: 4. TOLLING. 4.1 All statutes of limitations, including any claims presentation requirements of the California Government Code, that are or may be applicable to the TOLLED CLAIMS as between PARTICIPATING PARTIES shall be and hereby are tolled during the TOLLING PERIOD. Notwithstanding the foregoing, this AGREEMENT shall have no effect on PARTICIPATING PARTIES claims asserted against NON -PARTICIPATING PARTIES. 4.2 With respect to the TOLLED CLAIMS and the TOLLING PERIOD only, the parties to this AGREEMENT agree that they each will not assert the statute of limitations, Government Code claims presentation requirements, !aches, or any other defense or argument based upon the delay in filing litigation during the TOLLING PERIOD. By entering into this AGREEMENT, however, no party hereto waives or relinquishes any defense it possessed prior 4846-4237-9008.1814-3589- 9136.1 C:\Documents and Settings\hyde\Local Settings\Temp \X PG RP W ISE\Tol l ing Agreement.doc.1 N W04-0000051 2684634.1 Page 2 of 7 4824-1369-6512.1 TOLLING AGREEMENT 1 to the effective date of this AGREEMENT based upon the statute of limitations, Government Code claims presentation requirements. laches, or any other defense recognized at law or in equity. 4.3 This agreement shall terminate forty-five (45) days after provision of written notice of termination by counsel for any PARTICIPATING PARTY as set forth in paragraph 4.4, below, or sixty (60) calendar days after the FULL RESOLUTION of the ACTION, whichever shall occur first. 4.4 Any PARTICIPATING PARTY shall have the right, in its sole discretion, to unilaterally terminate this AGREEMENT by giving forty-five (45) days written notice to the other parties by United States first class mail, postage prepaid, at the addresses specified below. 4.5 Notices pursuant to this AGREEMENT shall be mailed to representatives for the CITY and RHCA at their respective addressees set forth in this paragraph. Notices shall be deemed given on the date of mailing by United States first class mail, postage prepaid. The City of Rolling Hills c/o Michael Jenkins, Esq. 1230 Rosecrans Avenue, Suite 110 Manhattan beach, CA 90266 Rolling Hills Community Association c/o Daniel V. Hyde Lewis, Brisbois, Bisgaard & Smith 221 N. Figueroa St., #1200 Los Angeles, CA 90012 5. DISMISSALS. 5.1 Within the ten (10) days of the full execution of this AGREEMENT, the CITY and RHCA will dismiss, without prejudice, each other from their Cross -Complaints currently on file. Such dismissal shall not operate as a retraxit to any claims asserted therein. 6. CONSIDERATION. 5.1 The CITY acknowledges that this AGREEMENT was entered into in exchange for valuable consideration, the receipt of which is hereby acknowledged. 5.2 RHCA acknowledges that this AGREEMENT was entered into in exchange for valuable consideration, the receipt of which is hereby acknowledged. 4846-4237-9008.1814-3589- 9136.1 C:\Documents and Settings\hyde\Local Settings\Temp\X PG RP W 1SE\Tol I i ng Agreement.doc.1 NW04-0000051 2684634.1 4824-1369-6512.1 Page 3 of 7 TOLLING AGREEMENT 7. NO ADMISSION OF LIABILITY. 7.1 The PARTICIPATING PARTIES, and each of them, acknowledge that this AGREEMENT is a partial compromise of disputed claims. No payment nor any other action taken pursuant to this AGREEMENT shall be construed as an admission or establishment of liability on the part of any PARTICIPATING PARTY. To the contrary, each expressly denies all liability. 8. NO REPRESENTATIONS AND/OR WARRANTIES. 8.1 Each of the PARTICIPATING PARTIES including their respective attorneys, officers, directors, agents, servants, or employees, or any of them, have made no promise, representation, or warranty whatsoever, express or implied, to induce the others to execute this AGREEMENT, and thus, the PARTICIPATING PARTIES acknowledge that they have not executed this AGREEMENT in reliance upon any such promise, representation, or warranty. 8.2 The PARTICIPATING PARTIES hereto understand and acknowledge that they may discover facts different from, or in addition to, those which they now know or believe to be true with respect to the subject matters encompassed by this AGREEMENT, and agree that this AGREEMENT shall be and remain effective in all respects notwithstanding any subsequent discovery of different and/or additional facts. In furtherance of this intention, this AGREEMENT is intended to be, and is, final and binding regardless of any claim of misrepresentation, promise made without the intention to perform, concealment of fact, mistake of law or fact, or any other circumstance whatsoever. 9. MISCELLANEOUS. 9.1 Use of Agreement. This AGREEMENT is entered into without prejudice, shall not constitute precedent and is not intended to be, nor shall it be construed as, an interpretation of any insurance policy and shall not be used as evidence, or in any other manner, in any court or dispute resolution proceeding regarding any other claims and/or to create, prove or interpret the obligations of any party under any insurance policy, issued by a PARTICIPATING PARTIES, and each of them. Neither PARTICIPATING PARTY shall assert, in any way, that the AGREEMENT and the terms contained herein, and any of them, constitute res judicata or collateral estoppel. 9.2 Complete Agreement. This AGREEMENT constitutes the entire understanding and agreement among the PARTICIPATING PARTIES concerning the subject matters hereof, and supersedes and replaces all prior negotiations, proposed agreements and agreements, written and oral. 9.3 Independent Counsel. Each PARTICIPATING PARTY hereto represents and warrants to each other PARTICIPATING PARTY hereto that it has received independent legal advice from attorneys of its own choosing with respect to the legal effect of this AGREEMENT, 4846-4237-9008.1814-3589- 9136.1C:\ Documents and Settings\hyde\Local Settings\Temp\X PGRP W I SE\Toll i ng Agreement.doc.1 NW04-0000051 2684634.1 Page 4 of 7 4824-1369-6512.1 TOLLING AGREEMENT and further represents and warrants that it has carefully reviewed this entire AGREEMENT and that each and every term hereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. 9.4 Governing Law. This AGREEMENT shall in all respects be interpreted, enforced, and governed under the laws of the State of California. 9.5 Interpretation. The PARTICIPATING PARTIES have jointly drafted this AGREEMENT. Hence, the PARTICIPATING PARTIES agree that the terms of this AGREEMENT, or any of them, shall not be interpreted against or in favor of any PARTICIPATING PARTY on the ground that. any PARTICIPATING PARTY participated in the drafting of this AGREEMENT. The PARTICIPATING PARTIES further agree that any uncertainty and ambiguity shall not be interpreted against any PARTICIPATING PARTY. 9.6 Headings and Pronoun References. The various headings of the paragraphs of this AGREEMENT have been inserted for convenience of reference only and shall not affect the meaning or interpretation of this AGREEMENT or any provision hereof. Moreover, pronoun references, such as "it" or "them" in this AGREEMENT are used for convenience purposes only, and thus are not meant to restrict or expand the intended meaning and scope of the binding effect of the provisions of this AGREEMENT on the respective PARTICIPATING PARTIES. 9.7 Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original. 9.8 No Third Party Beneficiary. Except as expressly set forth in this AGREEMENT, no person or entity who is not a party hereto shall be entitled to rely on or be deemed to be accorded any rights, benefits or release under any provision of or statement in this AGREEMENT. 9.9 Authority of Signatories. The signatories hereto each represent and warrant that they have full power and authority to enter into and execute this AGREEMENT on behalf of themselves individually or on behalf of a PARTICIPATING PARTIES. Furthermore, the individuals executing this AGREEMENT on behalf of the corporation or business entity(ies) each represent and warrant that (a) they have full authority to execute this AGREEMENT on behalf of the corporation or business entity(ies) for which they so signed; and (b) they are acting within the course and scope of such authority in executing this AGREEMENT. 9.10 Additional Documents. All PARTICIPATING PARTIES agree to execute any and all additional documents reasonably necessary to complete and document this AGREEMENT and carry out all terms and conditions hereof. 9.11 Severability. In the event that any one or more provisions of this AGREEMENT shall be declared to be illegal, invalid, unenforceable and/or void by a court of competent jurisdiction, excepting Paragraph 4, including Sub -paragraphs thereof, such provision or portion 4846-4237-9008.1814-3589- 9136.1 C:\.Documents and Settings\hyde\Local Settings \Temp\X PG R P W ISE\Tolling Agreement.doc.1 NW04-0000051 2684634.1 4824-1369-6512.1 Page 5 of 7 TOLLING AGREEMENT • of this AGREEMENT shall be deemed to be severed and deleted from this AGREEMENT, but this AGREEMENT shall in all other respects remain unmodified and continue in full force and effect. 9.12 Survival of Obligations. The foregoing warranties, covenants, and representations shall survive performance of the obligations of this AGREEMENT and shall be deemed to be material covenants hereof. Nothing contained herein shall release any party from his, her or its obligations or liabilities under this AGREEMENT. 9.13 Covenant Re Assignment. The PARTICIPATING PARTIES hereto, and each of them, represent and warrant to each other that each is the sole and lawful owner of all rights, title and interest in and to every claim and other matter which each purports to release herein, and that they have not heretofore assigned or transferred, or purported to assign or transfer, to any person,. firm, association, corporation or other entity, any right, title or interest in any such claim or other matter. In the event that such representation is false, and any such claim or matter is asserted against any PARTICIPATING PARTY hereto (and/or the successor of such PARTICIPATING PARTY) by any PARTICIPATING PARTY or entity who is assignee or transferee of such claim or matter, then the PARTICIPATING PARTY hereto who assigned or transferred such claim or matter shall fully indemnify, defend and hold harmless the PARTICIPATING PARTY (and its successors) against whom such claim or matter is asserted from and against such claim or matter and from all actual costs, fees, expenses, liabilities and damages which that PARTICIPATING PARTY (and/or its successors) incurs as a result of the assertion of such claim or matter. 9.14 Modification. This AGREEMENT shall not be modified by any PARTICIPATING PARTIES by oral representation made before or after the execution of this AGREEMENT. All modifications must be in writing and signed by authorized representatives of all PARTICIPATING PARTIES. 9.15 Arms -Length Transaction. This AGREEMENT is a partial compromise and settlement of the dispute described in the Recital herein. It is the product of arms -length negotiations. 9.16 Waiver of Breach. No waiver of any breach of any term or provision of this AGREEMENT shall be construed to be, or shall be, a waiver of any other breach of this AGREEMENT. No waiver shall be binding unless in writing and signed by the PARTICIPATING PARTY waiving the breach. 9.17 Fax Signature. A signature transmitted by facsimile by any PARTICIPATING PARTY hereto shall be deemed to be a valid original signature for all purposes under this AGREEMENT. Each of the PARTICIPATING PARTIES to this AGREEMENT warrants and represents that such PARTICIPATING PARTY will transmit timely the original signature to such PARTICIPATING PARTY s counsel and will instruct such counsel to transmit timely the original signature to the other PARTICIPATING PARTIES. 4846-4237-9008.1814-3589- 9136.1 C:\Documents and Settings\hyde\Local Settings \Temp\X PG R P W 1SE\Tolling Agreement.doc.1 NW04-0000051 2684634.1 4824-1369-6512. I Page 6 of 7 TOLLING AGREEMENT • 9.18 Counterparts. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original, but such counterparts shall be deemed to constitute one and the same instrument. IN WITNESS WHEREOF, this AGREEMENT has been signed by the PARTICIPATING PARTIES as shown below. Dated: February i I , 2006 CITY OF ROLLING HILLS. By: Print: Its: Dated: February , 2006 ROLLING HILLS COMMUNITY ASSOCIATION 4846-4237-9008.1814-3589- 9136.1 C:\Documents and Settings\hyde'Local Settings \Temp\X PG R P W I SE\Tol l i ng Agreement.doc.1 NW04-0000051 2684634.1 4824-1369-6512.1 By: Print: Its: Page 7 of 7 TOLLING' AGREEMENT • TRANSMISSION VERIFICATION REPORT TIME : 0211412005 15:32 NAME : ROLLING HILLS CITY FAX 3103777288 TEL 3103771521 SER.# : BROG5J303221 DATE, TIME FAX NO. /NAME DURATI ON PAGE{S} RESULT MODE 02/14 15.30 19494175394 00:02:38 08 OK STANDARD ECM DATE: TO: K 7a--/�..[J FAX: City o/ P.M. a Afro INCORPORATED JANUARY 24, 1457 FAX COVER SHEET l.'._u.ta.Pi) C9y4i (I1-7- 539`j TIME SENT: FROM: Na 7 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 i31 o) 377.1521 ro ($10) 377-728S E•mall: cityafrh643ol.com ` . s i_ rA OPERATOR: X14. SUBJECT: y CLAT-A--R../YL-4,101d, REMARKS: • TRANSMISSION VERIFICATION REPORT TIME : 02114/2006 16:25 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : EROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 02/14 16:21 CITY ATTORNEY 00:04:06 08 OK STANDARD ECM Ci41 ofie ee61 Jhf/ INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: TIME SENT: TO: FROM: FROM: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 30274 (310) 377-1521 FAX: (010)377-720S E-mail: cityofrh@a4l.com FAX: OPERATOR: SUBJECT: REMARKS: NOV, 30. 2005 10:42AM KUTAKGCK-IRVINE 949 417 5394 KU I AK KOUK LLP NO. 835 P. 1/3 SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 FACSIMILE TRANSMISSION DATE: November 30, 2005 To: NAME: FAX No..: PHONE No.: Michael Jenkins City Attorney (310) 643-8441 (310) 643-8448 X102 Craig Nealis, City Manager (310) 377-7288 (310 377-1521 If you experience any problems in receiving these pages, please call (949) 718-6700 as soon as possible. Thank you. FROM: Jeff Gerardo SECRETARY: Liz RE: Sheen v. Rolling Hills EMPL No.: CLIENT NUMBER: 1 131, 7-51 NUMBER OF PAGES, INCLUDING COVER PAGE: CONFIRM: No MESSAGE: CONFIDENTIAL FACSIMILE TRANSMISSION The information contained in this facsimile and the accompanying pages is intended solely for the addressee(s) named above. If you ate not an addressee, or responsible for delivering these documents to an addressee, you have received these documents in error and you are strictly prohibited from reading or disclosing it. The information contained in these documents is highly confidential and may be subject to legally enforceable privileges, Unless you are an addressee, or associated with an addressee for delivery purposes, you may violate these privileges and subject yourself to Iiabiliry if you do anything with these documents or the information it contains other than calling us immediately at the number listed above and returning these documents to us at once. Operator: GROUP CODE (FAXES) ❑ 7100 — Personal El 7200 — Local ❑ 7300 — Long -Distance 0 7400 — International NOV. 30, 2005 10 42A KUTAKGCK-IRVINE 949 417 5394 • NO. 835 P. 2/3 JEFFREY S. GERARDO f effrey.gerArclo@kutskrock.tom (949) 417-0999 KUTAK DOCK LLP SUIT 1100 18201 VON KARMAN AVENuE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www-kutakro.ck_oom November 30, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, C.A. 90017 Re: Hut-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: ATLANTA CHICAGO DENVER • 0E3 Mo1Nts FAVCTTEVILLE. KAN9A4 PITY LITTLE ROCIG LCs ANceLe6 OKLAHOMA CITY OMAHA PA-SADENA RIChMONO 8OOTT9OALC WA*MINGTON WICHITA Thank you for your correspondence of November 28, 2005. As you know, when we spoke last week, our conversation centered upon whether your client would be able to put together a plan to save the guest house in the rear of his property on. an immediate basis, It is my understanding that you have had a number of conversations with Mr. Jenkins concerning when the City intended to perform its work related to the Abatement Warrant. It is also my understanding that you have known for some time that the City intended to perform work pursuant to the Abatement Wan -ant during the week of November 28, 2005. Infact, when we attended the Abatement Warrant hearing on November 17, 2005, your office was advised. in Court that the work could potentially occur as early as November 23, 2005. Ms. Libertino of your office was informed that because of the Thanksgiving weekend, it was possible that the work would not commence until the week of the 28th. The alternative plan that you offer is one that simply cannot be adopted by the City. The conditions at the site pose a safety risk to those traversing the area, and the Court has obviously agreed with the City's decision to proceed pursuant to the Abatement Warrant. I will refrain from responding to your contention that the City is acting in a "sneaky" manner, or is "attempting to create the illusion of cooperation". other than to emphasize that your client has known about the problem on his property for more than half a year and has done nothing to remedy the condition_ The City is concerned with public safety, and as your office has been advised on many occasions, the repair work at the site has nothing to do with facilitating access to a road that will ultimately be used by other residents in the area. 4851-9136-9216.1 NOV. 30. 2005 10:42AM KUTAK CK-IRVINE 949 417 5394 • Na 835 F. 3/3 KUTAK ROCK LLP Craig M. Collins November 30, 2005 Page 2 As far as providing notice of the work to be completed is concerned, the City intended to initiate work today, November 30, 2005.Your office has been advised of the probable initiation of work at some point this week by both Mr. Jenkins, as well as my office, several times. It is my understanding that equipment necessary to complete the work may be delivered to the site on today's date. Despite the fact that the City intended to initiate work today, in the interests of cooperation, T am instructed to advise your office that the work will commence at 7:30 a.m. on December 1, 200S to provide your office the opportunity to photogaph the work to preserve evidence if you feel this is necessary. . As far as providing documentation is concerned, I am informed that the City will provide documentation it possesses concerning the work it intends to perform. Please feel free to work with the appropriate City representatives to obtain this documentation, as I do not have the paperwork at this time. Very truly yours, JSG/eap cc: Mike Jenkins, via facsimile Craig Nealis, via facsimile 4851-9136-9216.1 NOV. ^�0r ^ . 2005 10:42MA KUTAK ROCK -IRVINE 949 417 5394 0, KU I AK KUUK LLP SUITE 1100 16201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949417-0999 FACSIMILE 949-417-5394 FACSIMILE TRANSMISSION DATE: November 30, 2005 To: NAME: FAX NO.: PHONE No Michael Jenkins City Attorney (310) 643-8441 (310) 643-8448 X102 Craig Nealis, City Manager (310) 377-7288 (310 377-1521 If you experience any problems in receiving these pages, please call (949) 7I8-6700 as soon as possible. Thank you. FROM: Jeff Gerardo SECRETARY: Liz RE: Sheen v. Rolling Hills EMMIPL No.: CLIENT NUMBER: 11317-51 NUMBER OF PAGES, LNCLTJDING COVER PAGE: CONFIRM: No MESSAGE: CONFIDENTIAL FACSIMILE TRANSMISSION The information contained in this facsimile and the accompanyinm pages is intended solely for the addressee(s) named above. If you are not an addressee, or responsible for delivering these documents to an addressee, you have received these documents in error and you are strictly prohibited from reading or disclosing it. The information contained in these documents is highly confidential and may be subject to legally enforceable privileges. Unless you are an addressee, or associated with an addressee for delivery purposes, you may violate these privileges and subject yourself to liability if you do anything with these documents or the information it contains other than calling us immediately at the number listed above and returning these documents to us at once. Operator: GROUP C4nE (FAXES) In 7100 —Personal 0 '7200— Local ❑ 7300 — Long -Distance 0 7400 — International NOV. 31.1. 2005 10:42A A KUTAK ROCK —IRVINE. 949 417 5394 1 �;;0 1r - n ^ I UQJJ r. 2;'J JEFFREY S. GERARDO Jettrey.gerard kutakrock.Com (949) 417-0999 KUTAK RUCK LL1D SUITE 1100 1 8201 VON KARMAN AVENUE IRV/NE. CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 W Ww-kutakrock_com November 30, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Craig M. Collins, Esq. COLLINS LAW FIRM The Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 Re: .iii-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: ATLANTA CHICAGO DENVGR 0E3 MOINt; FAYGTTEVILLE KANSAS CITY LITTLE ROCK LOS ANCELe6 OKLAHOMA CITY OMAHA PASADENA RICHMOND toOTTBOALZ WASHINGTON WICHITA Thank you for your correspondence of November 28, 2005. As you know, when we spoke last week, our conversation centered upon whether your client would be able to put together a plan to save the guest house in the rear of his property te bais. It is my understanding that you have had a number of conversations with Mr. Jenkins aconcerning when the City intended to perform its work related to the Abatement Warrant. It is also my understanding that you have known for some time that the City pursuant to the Abatement Wan -ant intended to perform work during the week of November 28, 2005. Infact, when we attended the Abatement Warrant hearing on November 17, 2005, your office was advised in Court that the work could potentially occur as early as November 23, 2005. Ms. Libertino of your office was informed that because of the Thanksgiving weekend, it was possible that the work would not commence until the week of the 28th. The alternative plan that you offer is one that siruply cannot be adopted by the City. The conditions at the site pose a safety risk to those traversing the area, and the Court has obviously agreed with the City's decision to proceed pursuant to the Abatement Warrant. I will refrain from responding to your contention that the City is acting in a sne manner, or is "attempting to create the illusion of cooperation". other than to emphasize that your client has known about the problem on his property for more than half a year and has done nothing to remedy the condition_ The City is concerned with public safety, and as your office has been advised on many occasions, the repair work at the site has nothing to do with facilitating access to a road that will ultimately be used by other residents in the area. 4851-9136-9216.1 NOV. 30. 2'4'05 10:42AM KUTAK ROCK-iRME 949 41! 5394 • KUTAK ROCK LLP 1- I% U. 0. 3/3 Craig M. Collins November 30, 2005 Page 2 As fax as providing notice of the work to be completed is concerned, the City intended to initiate work today, November 30, 2005. Your office has been advised of the probable initiation of work at some point this week by both Mr. Jenkins, as well as my office, several times. It is my understanding thatequipment necessary to complete the work may be delivered to the site on today's date. Despite the fact that the City intended to initiate work today, in the interests of cooperation, I am instructed to advise your office that the work will commence at 7:30 a.m. on December 1. 2005 to provide your office the opportunity to photograph the work to preserve evidence if you feel this is necessary. . As far as providing documentation is concerned, I am informed that the City will provide documentation it possessesconcerning the work it intends to perform. Please feel free to work with the appropriate City representatives to obtain this documentation, as I do not have the paperwork at this time. Very truly yours, JSG/eap cc: Mike Jenkins, via facsimile Craig Nealis, via facsimile 4251-91369216.1 'Subj: Sheen v. Roll. Hills - Status letter to C• Warren Date: Monday, November 21, 2005 11:28:39 AM From: Judi.Kaminishi@KutakRock.com To: mjenkins @ localgovlaw.com, cityofrh@aol.com Mr. Jenkins and Mr. Nealis: Attached is a copy of Ed Richards' status letter to Carl Warren in the above -captioned matter. Any response should be made directly to Mr. Richards at Edwin.richards@kutakrock.com. Thank you. Judi N. Kaminishi, Legal Assistant • Kutak Rock LLP 18201 Von Karman Ave., Ste. 1100 Irvine, California 92612 949-417-0999, Ext. 6673 949-417-5394, Facsimile judi.kaminishi@kutakrock.com ################################################### ################################################### ####### 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, 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. 11/21/05 America Online : Cityofrh Page 1 Thank you. ################################################### ################################################### ####### Headers Return -Path: <Judi.Kaminishi@KutakRock.com> Received: from rly-yj03.mx.aol.com (rly-yj03.mail.aol.com [172.18.180.141]) by air-yj03.mail.aol.com (v107.13) with ESMTP id MAILINYJ31-80543821f30e6; Mon, 21 Nov 2005 14:28:39 -0500 Received: from mail.kutakrock.com (mail.kutakrock.com [69.63.112.162]) by rly-yj03.mx.aol.com (v107.13) with ESMTP id MAILRELAYINYJ35-80543821f30e6; Mon, 21 Nov 2005 14:25:37 -0500 Received: from exfe02.firm.kutakrock.com (Not Verified[10.15.172.160]) by mail.kutakrock.com with NetIQ MailMarshal (v5.5.6.6) id <B002d8576b>; Mon, 21 Nov 2005 13:25:31 -0600 Received: from KREXCLUS01.firm.kutakrock.com ([10.15.172.170]) by exfe02.firm.kutakrock.com with Microsoft SMTPSVC(6.0.3790.0); Mon, 21 Nov 2005 13:25:29 -0600 X-MimeOLE: Produced By Microsoft Exchange V6.5.7226.0 MIME -Version: 1.0 Subject: Sheen v. Rolling Hills - Status letter to Carl Warren Date: Mon, 21 Nov 2005 13:22:54 -0600 Message -ID: <79A836C5F3C62B41 AA6EBE9DF3D7A7DD0B5EE3D4@KREXCLUS01.firm.kutakrock.com> X -MS -Has -Attach: yes X -M S -TN EF-Correlato r: Thread -Topic: Sheen v. Rolling Hills - Status letter to Carl Warren Thread -Index: AcXu0PiQhF3M0vQ7Qg6tV0gAOQ6Xew== From: "Kaminishi, Judi N." <Judi.Kaminishi@KutakRock.com> To: <mjenkins@localgovlaw.com>, <cityofrh@aol.com> X-OriginalArrivalTime: 21 Nov 2005 19:25:29.0060 (UTC) FILETIME=[54F14240:01C5EED1] Content -class: urn:content-classes:message Content -Type: multipart/mixed; boundary="----_NextPart_001_01C5EEDO.F9826337" X-AOL-IP: 69.63.112.162 X-AOL-SCOLL-SCORE: 0:2:334038223:9932111 X-AOL-SCOLL-URL COUNT: 0 11/21/05 America Online : Cityofrh Page 2 KUTAK ROCK LLP EDWIN J. RICHARDS edwin.richards@kutakrock.com (949)417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company POBox25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident . Your File Dear Mr. Kunz: SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 17, 2005 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA On November 16, 2005, we attended plaintiff s Ex Parte Application for a Temporary Restraining Order, along with a request for a hearing date on a Petition for Preliminary Injunction as it relates to the Abatement Warrant issued by the City of Rolling Hills. Plaintiff filed a voluminous Ex Parte Application as part of the TRO. In plaintiffs paperwork, Mr. Sheen indicated that he did not have a problem with the Abatement Order as it pertained to the need to seal tension cracks, cover the site with UV -resistant plastic sheeting, installation of temporary drainage devices to divert storm water and take other steps the City deemed necessary to ensure that the property was in compliance with the Rolling Hills Municipal Code. Plaintiff did object to the City s attempt to demolish a guest house located at the rear of the property, and would not agree to the City s attempt to flatten the hillside head scarp to a 1:-1 slope. The gravamen of plaintiff s TRO was that demolishing the structure, as well as flattening Mr. Sheen s hillside were unnecessary to protect the public safety or to prevent further landsliding, but, instead, were the City s attempt to construct a new road below Mr. Sheen s property for the benefit of seven residences further up the canyon. Mr. Sheen argued that if the City seeks to destroy part of his property on the non -emergency road construction project, it must comply with Eminent Domain laws, which provide for payment of compensation. As part of his ex parte petition, plaintiff submitted a Declaration from a geologist named Russell Harter. Mr. Harter s Declaration indicates that he has visited the site on two occasions in order to investigate the landslide. Mr. Harter claims that he visually inspected plaintiff s property, which included both an interior and exterior examination of the guest house, which is a one-story brick structure approximately 40 feet by 48 feet in size. (Note: The guest house is in 4829-2080-8704.1 11317-51 'KUTAK ROCK LLP Mr. Dwight Kunz November 17, 2005 Page 2 excess of 1900 square feet.) According to Mr. Harter, the guest house had only limited damage. Mr. Harter claimed that he observed only a few cracks near the eastern quarter of the structure. He stated that the cracks range from hairline to more than one -quarter of an inch. He concluded that without further landslide damage, the cracks were cosmetic in nature and could be fixed by patching and painting. Most importantly, Mr. Harter concluded that he saw no evidence of overall movement of the guest house by the landslide and claims that the structure was not in immediate danger. Mr. Harter s Declaration concludes that the guest house did not need to be demolished as ordered in paragraph two of the Abatement Warrant. He points out that based on his review of the Group Delta Consultants Report, dated June 16, 2005, no scientific data was presented to establish that the guest house was presently unstable or would become unstable in the near future. Mr. Harter opines that installing soldier piles along the eastern side of the guest house would protect the structure during future grading activity, and would be more cost-effective than destroying the guest house itself. Additionally, Mr. Harter opined that there was no need to flatten the head scarp described in paragraph 4 of the Abatement Warrant in order to construct the temporary access road. He pointed out that, rather than flatten the head scarp, multiple debris fences could be placed between the head scarp and the temporary access road to alleviate any concerns of falling debris until a permanent repair of the hillside could be completed. Thereafter, he stated that plaintiff should permit the City s consultants to inspect the guest house on a regular basis, perhaps monthly, to monitor its condition. He points out that such a proposal would allow the guest house to remain intact and would address any concerns of the City that creep movement of the hillside could destabilize the structure. Finally, Mr. Harter concludes that grading of the temporary access road is not a good engineering practice unless there is a permanent fix to the landslide area during the grading activity. He points out that further investigation on his part will result in conclusions concerning the failure of the hillside itself. Because plaintiffs are, no doubt, claiming that construction of the Poppy Trail Road, and its alleged inadequate maintenance, caused or contributed to the hillside failure, we should expect that conclusions in this regard will ultimately be reached by Mr. Harter. Despite the content of the plaintiff s TRO paperwork, Judge Nishimoto denied plaintiff s TRO. Instead, he indicated that plaintiffs remedy was to file a Writ concerning Judge Hourigan s previous ruling on the Abatement Warrant. Plaintiff argued that time should be permitted to file such a Writ and have the Writ heard by the Court of Appeals before the City should be allowed to take any remedial action. The Court declined and denied the petition. When the attorneys were leaving the courtroom, counsel for plaintiff, Craig Collins, provided notice of an ex parte motion by which he would ask Judge Hourigan (the judge who issued the nuisance abatement order) to strike the Abatement Warrant on the basis that Judge Hourigan did not have jurisdiction to issue the Abatement Warrant, when there was a previously - 4829 -2080-8704.1 11317-51 •KUTAK ROCK LLP Mr. Dwight Kunz November 17, 2005 Page 3 filed pending civil action by plaintiff. We will report back concerning Judge Hourigan s ruling following the proceeding on November 17, 2005. If you should like to discuss any of the subjects addressed above in further detail, please feel free to contact me at your convenience. Very truly yours, Edwin J. Richards EJR:JSG:ep cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. P.S. I am pleased to advise that Judge Hourigan denied plaintiffs second ex parte motion in which he attempted to avoid the abatement warrant. The plaintiff s only remaining remedy is to petition the appellate court for an emergency stay of enforcement of the abatement warrant. I will advise if and when we receive notice of such a petition. 4829-2080-8704.1 11317-51 =K'UTAK ROCK LLP Mr. Dwight Kunz November 17, 2005 Page 4 Craig R. Nealis City of Rolling Hills No. 2 Portugese Bend Road Rolling Hills, CA 90274 Michael Jenkins Jenkins & Hogin 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 4829-2080-8704.1 11317-51 i NOV 1 5 2005 CITY OF POLLING HILLS. EDWIN J. RICHARDS edwin.rich ards © kutakrock.co m (949) 417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: •KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 11, 2005 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES • OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA We are continuing to gather information to bring ourselves up to speed with regard to this case. I recently traveled to City Hall and obtained a substantial number of documents related to the current landslide and had a brief conversation with Mr. Nealis. Please allow me to provide you with the following updated information. PROCEDURAL STATUS As indicated in my previous report, I am of the opinion that the Complaint is sufficient to withstand a demurrer. We are therefore in the process of drafting and will soon file an Answer to the Complaint which will raise all applicable affirmative defenses. The Complaint can be viewed as containing two parts. The second part consists of causes of action. for inverse condemnation, nuisance, and dangerous condition of public property by which the plaintiff is seeking monetary damages. The first part of the Complaint is a cause of action for an administrative writ of mandate seeking injunctive relief to preclude the City from coming on the plaintiff's property to perform emergency nuisance abatement action. As anticipated, the plaintiff has given notice of his intent to go into court next week with an ex parte motion seeking a temporary restraining order to enjoin the City from undertaking repair work upon the plaintiff's property pending the outcome of the litigation. We are coordinating our efforts with the City Attorney and will be prepared to appear with him at the ex parte hearing in opposition to the petition for a temporary restraining order. 4847-1479-0912.1 11317-51 KIJTAK ROCK LLP Mr. Dwight Kunz November 11, 2005 Page 2 For the reasons set forth above, based upon my recent discussions with Mr. Nealis, and the City Attorney, and my preliminary review of the geotechnical data, I am of the opinion that we should be successful in defeating the petition for a temporary restraining order. We are informed that the plaintiff will appear ex parte with his motion on November 16, 2005. I will report promptly upon completion of the hearing. ADDITIONAL FACTUAL INFORMATION In my previous report, I described the landslide. I have now obtained an aerial photograph and a map which will assist in understanding the events. Attachment 1 is an aerial photograph. The plaintiff's property is identified as #1 Poppy Trail. The guest house to the left of the main house also belongs to the plaintiff. The topography is such that the property slopes downhill from the plaintiff's residence and guest house towards Poppy Trail Road. In the center of the aerial photograph is Poppy Trail Road. It intersects to the east with Portuguese Bend Road. The 7 houses serviced by Poppy Trail Road are located to the west. In the lower right hand corner is a riding arena. That property is owned, maintained and controlled by the City of Rolling Hills. The City property also extends to the west of that riding arena below Poppy Trail Road. The City of Rolling Hills is somewhat unique in that the streets within Rolling Hills are owned by the Community Association — not the City. Therefore, Poppy Trail Road is a street owned and maintained by that Association. It is not a City street. In attachment No. 1, you can see what appears to be a smaller road located below Poppy Trail Road and generally parallels it. That is actually an equestrian trail that is owned and maintained by the Association. Attachment 1 shows the outline of the subject landslide. The perimeter of the landslide mass is outlined with the dashed lines and the two arrows depict the general direction of movement of the slide. As you can see, the toe of the slide has proceeded across and completely blocked Poppy Trail Road. As a result, the homes located to the west of the slide mass have lost their access via Poppy Trail Road. As I indicated in my previous report, following the occurrence of the slide, the City intended to undertake three immediate actions. Pursuant to the advice of their geologist, they intended to do minor grading upon the slide mass in order to seal the fissures that developed as a result of the movement. Second, they intended to cover the majority of the slide mass with a visqueen material in order to prevent further moisture from entering the slide mass which would 4847-1479-0912.1 11317-51 KUTAK ROCK LLP Mr. Dwight Kunz November 11, 2005 Page 3 exacerbate the movement. Third, the City intended to establish a temporary road to afford access to the 7 homes serviced by Poppy Trail Road. road. Attachment 2 is the preliminary plan to accomplish the construction of the temporary One of the allegations the plaintiff makes in his complaint is that the City has a secret motive in requesting permission to come upon his property in order to abate the landslide nuisance. The Complaint alleges that the City's true motive is to construct the temporary road upon the plaintiff's property. Notice on Attachment 1 that the proposed temporary road is entirely upon city property and does not go on to the plaintiff's property whatsoever. In my discussion with Mr. Nealis, he confirmed that fact. I also obtained information with regard to the long term plan to reestablish the permanent road to be known as Poppy Trail Road. Mr. Nealis informed me that the road is owned and maintained by the Association, and that the Association is currently in the process of designing a new permanent roadway. The plan is to create the new road south of the existing Poppy Trail Road, utilizing the current equestrian easement that is maintained by the Association. Mr. Nealis emphasized that the replacement road is a project being undertaken by the Association in which the City is not directly involved. UPDATED ANALYSIS The current attention of all parties is being devoted to the plaintiff's petition for a temporary restraining order. Those issues turn upon whether the plaintiff can meet its burden of convincing the Court that there is a good likelihood of succeeding on the ultimate merits of this case and whether the plaintiff will suffer irreparable harm if the City is allowed to undertake its intended work upon his property, and that the plaintiff's irreparable harm outweighs any irreparable harm that might result to the City or the public if the City's work is not undertaken. The material being gathered by the City Attorney seems to establish rather overwhelmingly that the City must undertake emergency action to winterize the slide mass in order to avoid exacerbation of the landslide with the upcoming rains. The geotechnical information indicates that the head scarp of the landslide mass is located directly under the plaintiff's guest house, and photographs confirm that the foundation of that guest house has been completely undermined. The County Building Department has inspected the house and has "red tagged it" as being uninhabitable. The geotechnical report indicates that any further movement of the landslide may cause the house to collapse which would result in it potentially falling down the slope and on to the temporary road, thereby endangering users of the road. I think the Court will conclude that public safety mandates that the City be allowed to undertake the emergency repair work that it is proposing, including a demolition of the guest house in order to eliminate the risk of collapsing. 4847-1479-0912.1 11317-51 KUTAK ROCK LLP Mr. Dwight Kunz November 11, 2005 Page 4 Once we complete the work with regard to defending against the plaintiffs petition for a temporary restraining order, we will turn our attention to development of the defenses to the plaintiff's damage claims under inverse condemnation, nuisance and dangerous condition of public property. With your permission, we will proceed as outlined above, and I will keep you closely advised. Edwin J. Richards EJR: dv cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. 4847-1479-0912.1 11317-51 ti AERIAL PHOTO OF POPPY TRAIL LANDLSIUE AREA I 1 Aerial Photo, Poppy Trail Landslide, April 2005 City of Rolling Hills, CA Figure 2 t .,t SCHEMATIC OF TEMPORARY POPPY TRAIL RE -ALIGNMENT V. .#4 •� 10prayrTraiE • =Top of Propo`saci: cut=slop Toe 7- iTe[np rar RoPPY tail • . ,fit 1, Lot :o?t. •'• to 1• f R(l II' r DELTA mum r'art n a' Lot City, Of- Rollani-HiI1k'.> -- -- - - C11, L.m • •\..r11`` ------7-----7=-•- _s --- _ `\ . �1 \ — - - L. ylil l iI� 1� !, \\,0,, 1 1 j 11 1 \ . '\ 1 1 1• • 41.4 Figure 5 NOV 0 2C35 L -TY OF ROLLING LiNG FILLS EDWIN J. RICHARDS edwin.richards@kutakrock.com (949)417-0999 VIA EMAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: • KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 8, 2005 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 • ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA This will confirm our receipt of this assignment. Thank you for referral to our office. Please allow me to provide you with our preliminary review of this case based on the material we have received. FACTS I have reviewed the complaint as well as the administrative claim filed with the City by the plaintiff. I have also spoken with the City Attorney and the attorney for the co-defendant Rolling Hills Community Association (Association). These sources reveal the following factual background to this litigation. The plaintiff owns a single family residence located at 1 Poppy Trail Road in the City of Rolling Hills. Counsel for the Association informs me that the road was constructed by a private developer sixty years ago. He advises that the Association assumed maintenance of the road ten years ago, and that while it crosses City property it is not clear who actually owns the road. The complaint alleges that the plaintiff's property is located upslope from the road. I have some familiarity with the properties in this area and I suspect that the plaintiff's property consists of more than an acre. On March 5, 2005, a landslide began to occur which is affecting both the road and the plaintiff's property. The slide has rendered the road unusable. There are seven homes located on 4823-3032-8832.1 KUTAK ROCK LLP r,„ Mr. Dwight Kunz November 8, 2005 Page 2 Poppy Trail Road beyond the slide. Poppy Trail Road is a dead end street so these seven property owners currently have no vehicular access to their properties. It appears from the complaint that upon the occurrence of the slide, the City undertook to investigate the slide and winterize the slide mass. The plaintiff granted the City access to his property to address the slide condition. According to the complaint, the City not only undertook to investigate the slide, but also undertook significant grading on plaintiff's property in order to establish a temporary access road to service the seven homes located beyond the location of the slide. It is alleged that these grading efforts by the City has undermined the slope immediately below a guest house on the plaintiff's property and has jeopardized that structure. The plaintiff contends that while he granted permission for the City to come onto his property and investigate the slide and to winterize the slide mass, he never granted permission to undertake any work to establish a temporary access road. The complaint alleges that the grading undertaken to establish an access road exceeded the permission granted to the City, and that once the winterization of the slide mass was completed he expressly revoked his permission for the City's access to his property. It appears from the complaint that as a result of the City's investigation of the slide, its geologist submitted a report in which recommended a series of actions to be taken to facilitate the establishment of a temporary road to provide access to the seven homes. On September 2, 2005, the City undertook to formally direct the plaintiff to implement the "Access Road Facilitation Steps" outlined by the City's geologist and gave notice that if the plaintiff did not comply by November 26, 2005 the City would proceed to a nuisance abatement hearing. The plaintiff failed to comply with the City's directive, and a nuisance abatement hearing was conducted on September 26, 2005. The hearing resulted in a fornial resolution by the Council by which the plaintiff's property was declared a public nuisance, and the plaintiff was ordered to abate the nuisance under a schedule provided in the resolution. The resolution required the plaintiff to complete the required work by November 10, 2005 or the City would abate the nuisance at plaintiff's expense. I am informed that the plaintiff has not commenced the required work and the City is prepared to step in and complete it. It is not clear to me at this point whether the intended work is limited to creating an access road or if it will also include work to stabilize the slide. The City Attorney has informed me that his office obtained an abatement order from the Court on November 7, 2005, and they intend to utilize the court order to accomplish the intended work on the plaintiff's property within the next few days. 4823-3032-8832.1 11317-34 XUTAK ROCK LLP • • Mr. Dwight Kunz November 8, 2005 Page 3 PLEADINGS Based on these facts, the plaintiff has filed the subject lawsuit which includes six causes of action and names as defendants the City and the Rolling Hills Community Association. The first and second causes of action seek a writ of mandate to enjoin the City from carrying out the provisions of the resolution referred to above (Resolution 996). Pursuant to the first cause of action, the plaintiff is expected to seek a temporary restraining order or preliminary injunction to block the City from proceeding with its intended work. If the plaintiff seeks a temporary restraining order or preliminary injunction, he will have the burden to convince the Court of two elements. First, the plaintiff must show that if the relief is not granted he will suffer irreparable injury, and that injury must be balanced against the injury that the City or the public would suffer if the relief is granted. Second, the plaintiff must convince the Court that he has a reasonable probability of prevailing on the merits of the case at trial. Case law is clear that these remedies are considered to be extraordinary remedies that are to be granted with caution. We are coordinating our efforts with the City Attorney and will be prepared to immediately oppose plaintiff's anticipated petition for a temporary restraining order or preliminary injunction. At trial, in order to prevail with the petition for writ of mandate the plaintiff must establish that the acts of the City were unconstitutional or constituted an abuse of discretion. The remaining causes of action seek monetary damages against the City and the Association under theories of inverse condemnation, dangerous condition of public property, nuisance and negligence. The factual basis of these causes of action is a familiar theme with which we have dealt in the past. The complaint alleges that Poppy Trail Road was originally constructed by cutting into an existing slope. Recall that the plaintiff's property is located upslope of the road, and the complaint alleges that the construction of the road reduced the lateral support to plaintiff's property. Over the 60 years the road has existed, it has been maintained by either the City or the Association according to the complaint. It is alleged that the manner in which it was maintained has caused water that would have otherwise drained down the slope to collect on the road and infiltrate into the soil. The infiltration of that water is alleged to have been a precipitating factor in causing the land slide that commenced on March 5, 2005. Based on those allegations, the complaint alleges that the road constitutes a public improvement that is owned, maintained and/or controlled by either the City or the Association which imposes liability to each of them under the theories of inverse condemnation, dangerous condition of public property, nuisance and negligence. 4823-3032-8832.1 11317-34 , KUTAK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 4 DAMAGES A prevailing plaintiff under inverse condemnation is entitled to recover the cost of repair or diminution in value to his property as a result of the government's actions, which ever is less. A prevailing plaintiff is also entitled to recover attorney fees and expert fees. Under the dangerous condition, negligence and nuisance causes of action a prevailing plaintiff is entitled to recover whatever property damages proximately resulted from the defendant's acts. The plaintiff is not entitled to recovery attorney fees or expert fees, but would be entitled to recover emotional distress damages. POTENTIAL CROSS COMPLAINT There are three potential cross -complaints to be considered. The first would be against the Association based on its involvement with the maintenance of the road. However, I am aware that the City and the Association have a close working relationship and have worked in cooperation in defending other litigated matters. I would want to carefully evaluate the factual basis and the strategic considerations of a potential cross -complaint against the Association, and would want to discuss the issue with the City before making a decision. The second potential cross -complaint would be against the developer who constructed the road. However I believe that the ten year statute of limitation applicable to developers would bar such an action. The third potential cross -complaint would be against the plaintiff. Counsel for the Association mentioned to me that the plaintiffs property was built on a known landslide, and that the drainage system servicing his property appears to be a probable contributing cause of the landslide. We will evaluate these issues and report further as we proceed. LITIGATION PLAN We will be prepared to immediately respond in coordination with the City Attorney to a petition by the plaintiff for a temporary restraining order or preliminary injunction. I have reviewed the complaint and it is my opinion that the pleadings are sufficient to withstand a demurrer. We will therefore prepare and file a timely general denial raising all applicable affirmative defenses, including applicable immunity defenses. I recommend that we propound appropriate interrogatories to the plaintiff to obtain all relevant background information related to the property, and a demand for production of documents that support his allegations. At the same time, I will arrange to promptly meet with 4823-3032-8832.1 11317-34 . � kill -AK ROCK LLP Mr. Dwight Kunz November 8, 2005 Page 5 the City Attorney to review the City's administrative record related to this case, and meet with counsel for the Community Association to review his material. I will report further once these items have been accomplished and recommend a deposition schedule at that time. With your permission we will proceed as outlined above and keep you informed. Very truly you Edwin J. Richards— EJR:dv cc: John Bolin, CJPIA (via email) Craig R. Nealis, City of Rolling Hills Michael Jenkins, Esq. 4823-3032-8832.1 11317-34 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn: Craig Nealis, City Manager RE: Principal Member City Claimant D/Incident Our File Dear Mr. Nealis: November 2, 2005 Sy CJPIA City of Rolling Hills Alan Sheen 3/5/2005 1391221 NOV 0 7 2005 CITY OF ROLLING HILLS We are in receipt of the Summons and Complaint number VC051963 filed in the Torrance Superior Court and served upon the City on October 27, 2005. We have referred this case to Edwin J. Richards of the law firm of Kutak Rock, LLP, Suite 1100, 18201 Von Karman Avenue, Irvine, CA 92612-1077, to protect the interest of the City. The matter will continue to be managed by Dwight Kunz of Carl Warren & Co. located at 750 The City Drive, Suite 400, Orange, CA 92868. Please contact the assigned defense attorney, the Supervisor at Carl Warren & Company or the CJPIA at any time with questions and comments. Very Truly Yours, CARL WARREN & CO. cc: CJPIA Attn: Executive Director Dwight J. Kunz CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 November 2, 2005 Kutak Rock, LLP Suite 1100 18201 Von K.arman Avenue Irvine, CA 92612-1077 Attn: Ed win J. Richards, Esq. APPEARANCE DUE BY: November 28, 2005 RE: Principal : CJPIA Member City : City of Rolling Hills Claimant : Alan Sheen D/Incident 3/5/2005 Our File 1391221 Gentlemen: This assignment is being made to your office by our principal on behalf of the self -insured City of Rolling Hills. Attached you will find a copy of Summons and Complaint VC051963 filed in the Torrance Superior Court on Ocdtober 27, 2005 in which the member city is a named defendant. These papers were served upon the City Clerk by personal process on October 27, 2005 Plaintiff's property was allegedly damaged by earth movement precipitated by substantial grading and other activities on or near the subject property. This case is moving very quickly. The City Attorney is obtaining an abatement order concerning the landslide and we anticipate an ex parte Temporary Restraining Order by plaintiff. We would appreciate your promptly getting up to speed and being prepared to timely respond to the TRO if necessary. Please enter an appearance and file the requisite responsive pleading. For your use in accomplishing this we enclose a copy of our investigative file. Please acknowledge immediately your receipt of this assignment. Within 30 days please advise by letter: • Your evaluation of liability based on present information. CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 • Your evaluation of damages at the present time. • Applicable Government Code defenses. In your initial letter kindly set forth a budget of attorneys' fees projected for handling the entire case up to completion of trial prep discovery. Your report should be to this office, with copies of correspondence including enclosures to the California Joint Powers Insurance Authority, 8081 Moody Street, La Palma, CA 90623, to the attention of the Executive Director; and copies correspondence only to the City of Rolling Hills to the attention of Craig R. Nealis. All invoices for legal services and other expense invoices should be sent to Carl Warren & Co. for review and payment processing on behalf of our principal. The file should not be invoiced more frequently than every ninety (90) days unless services and costs exceed $5,000.00. Please refer all requests for settlement authorization to Carl Warren and Co. and immediately alert us at any time a settlement potential exists. We shall require a report any time any activity occurs that would change the value of the case or every 90 days, regardless of change, whichever comes first. In order to control expenses our principal has asked that you secure from this office, permission to undertake any significant discovery, i.e., depositions, experts of any type, etc.. In addition, all legal research requires prior approval. When requesting permission to accomplish the aforementioned activity, please state briefly your reasons for requesting it at that time. We appreciate your complying with this requirement, and we will endeavor to be prompt in responding to your requests. If there is a critical time factor involved, please feel free to phone the undersigned and later confirm by mail. We thank you in advance for your assistance. Very Truly Yours, CARL WARREN & CO. Dwight J. Kunz Acct. Manager/AVP Enc. Originals of file 2 Carl Warren & Co. Request for Authority forms Litigation Plan & Budget cc: City of Rolling Hills, Attn: Craig Nealis cc: CJPIA - Attn: John Bolin 3 Carl Warren & Co. [Kann Novo 7 205 CITY OF ROLLING HILLS EDWIN J. RICHARDS judi.kaminishi@kutakrock.com (949) 417-0999 VIA E-MAIL Mr. Dwight Kunz Carl Warren & Company 750 The City Drive, Ste. 400 P.O. Box 25180 Santa Ana, CA 92799-5180 • KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com November 4, 2005 Re: Sheen v. City of Rolling Hills Member City: Rolling Hills Claimant: Alan Sheen Claim No. 1391221 D/Loss: 3-5-2005 Dear Mr. Kunz: ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LINCOLN LITTLE ROCK OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA This will acknowledge receipt of the above -referenced file. We will promptly review the file and provide you with our review and analysis. We will, of course, copy all correspondence to CJPIA, attention Executive Director, and to Craig R. Nealis of the City of Rolling Hills per your instructions. Thank you for the referral of this matter to our office. Ver Edwin J. Richards EJR:jk cc: Mr. John Bolin, CJPIA (via email) Mr. Craig Nealis, City of Rolling Hills 4837-9990-7840.1/1 1-1 • • City 0/ leoffinl _Alla 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 MEMORANDUM TO: FILE FROM: CRAIG NEALIS SUBJECT: COMMENTS FROM CALIFORNIA JPIA REGARDING CASE NO. YC051963 (1 POPPY TRAIL) DATE: NOVEMBER 2, 2005 In reviewing the summons in the above referenced litigation, Mr. John Bolin of the California JPIA, contacted me and indicated that the JPIA would be defending the City in this case. He indicated that the inverse condemnation, dangerous condition of public property, nuisance negligence and any "action" of the City is covered by the JPIA for defense and damages. He did indicate that the writ of mandate and the permanent injunction are not covered but that defense would be provided by the JPIA. CRN:mlk 11-02-05filel poppytrail-mem ®P rif lied on Recycled ('nnor 11/2 9/ 2005 13: <3 3105138441 JENKINS E HOGIN LLP PAGE 02 3 4 5 6 7 8 9 10 11 MICHAEL JENKINS, CITY ATTORNEY CITY OF ROLLING HILLS, and JENKINS & HOGIN, LLP CHRISTI HOGIN, State Bar No. 138649 JOHN C. COTTI, State Bar No. I93139 Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, California 90266 Tel.: (310) 643-8448; Fax: (310) 643-8441 Email: jcott1Clocalgovlaw.corn Attorneys for the City of Rolling Hills COPY, Exempt From Fees Pursuant to Government Code § 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 12 IN THE MATTER OF THE CITY OF ROLLING HILLS' APPLICATION FOR 13 ABATEMENT WARRANT RE: PROPERTY LOCATED AT 1 POPPY 14 TRAIL, ROLLING HILLS, CALIFORNIA 15 [PROPERTY OWNED BY ALAN SHEEN, YING CHING SHEEN, AND JAMES SHEEN] 16 17 18 19 20 21 22 23 24 25 26 27. 28 Warrant Case No.. ` EOUL-- [PROPOSED] ABATEMENT WARRANT 0 J .`0 .4' ' 0 C% c!./.. o,- \% )c3tL �G? '''C,11 11 y [PROPOSED] ABATEMENT WARRANT 11/ 29/2005 13:43 310E438441 JEI-KINS & HOGIN LLP P4=GE 03 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY POLICE OFFICER, FIRE 2 OFFICLAL, CODE ENFORCEMENT OFFICER, BUILDING OFFICIAL, PUBLIC WORKS 3 OFFICIAL, HEALTH OFFICER, OR OFFICER ON BEHALF OF THE CITY OF ROLLING HILLS, STATE OF CALIFORNIA: Proof by Declaration having been made this day before me by Craig Nealis, and it appearing therefrom that there is good cause for an Order to Abate the public nuisance located at ] Poppy Trail 7 Road, Rolling Hills, California. The City of Rolling Hills and its officers, agents, employees, or authorized representatives arc hereby ordered to enter onto the property located at ] Poppy Trail Road, Rolling Hills, California (the "Property:'), between the hours of 8:00 a.m. and 6:00 p.m., and abate the public nuisance existing on the Property. This Abatement Warrant shall authorize the City to: ]. Seal any and all renewed tensions cracks; ?. Demolish the guesthouse located at the rear of the Property; 3. Cover the entire affected area with UV resistant plastic sheeting; 4. Flatten the landslide head scarp to a 1 horizontal to 1 slope; 5. Install temporary drainage devices to divert stonnwater; and 6_ Take other such steps as may be reasonable to ensure that the Property is in compliance with the Rolling Hills Municipal Code. Reasonable force may be used to enter the outside Property, or any part thereof, should any request for entry pursuant to this Warrant be refused. This Warrant shall be effective for a period of not.more than sixty (60) days; unless extended or renewed. No abatement authorized by this Warrant shall be undertaken without first providing -24 hours notice of the issuance of said Warrant by posting a copy of Warrant on the Property. The abatement activities authorized by this Warrant may be undertaken in the absence of the owner or occupant of the Property. 4 5 6 /// .1// [PROPOSED] ABATEMENT WARRANT 4 11/29/2005 13:48 3106433441 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28. JEI.1KIhtS .. HOGIN LLP PAGE G4 A, return to this Court shall be made in accordance with the provisions of Section 1822.55 of the Code of Civil Procedure. DATED: 2,'e„ -A 2005 JUDGE OF ,1- E UPERffOR COURT rands ISJ. HcUr!g (PRO?OSEDI ABATEMENT WARRANT 2 NEW BUSINESS 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. City Manager Dahlerbruch presented the staff report providing background regarding this matter. It was noted that the property owner had been noticed via regular and certified mail - about this evening's consideration of this matter and that neither the property owner nor his representative were in attendance at the meeting. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council approve the nuisance abatement costs. Mayor Pro Tern Hill seconded the motion which carried unanimously. Minutes City Council Meeting 04/23/07 -2- CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN City Attorney Jenkins provided background regarding the City Council's previous action to declare conditions at 1 Poppy Trail a public nuisance and the landslide mitigation and winterization measures previously completed. He indicated that since that time the plastic sheeting and sandbags have deteriorated and are in need of replacement. He stated that the City Council must adopt a resolution making the findings that the condition on the property is a continuing public nuisance and that will allow the City to abate the nuisance if the property owner of 1 Poppy Trail does not complete the work. He reported that the owner of 1 Poppy Trail has been notified of this hearing and is not in attendance. Mayor Lay opened the public hearing. Mr. Mike Reader, Consulting Geologist, explained the previous nuisance abatement and landslide mitigation measures that had previously been completed on the property. He presented his recommendation that the landslide be re -winterized due to the deterioration of the plastic and sandbags to keep water from infiltrating into to the slide. He explained that inclinometer data shows that movement of the landslide down slope slowed down after winterizing the landslide. Discussion ensued regarding the landslide and the positive effects of ,the previous winterization measures that had been installed on the property. Mr. Reader explained' drainage improvements that had been made in the area. Councilmembers discussed_ the costs associated with the previous nuisance abatement and the costs for the winterization measures being proposed at this time. In response to Councilmember Heinsheimer, City Attorney Jenkins indicated that the current litigation would not be affected by this nuisance abatement effort. Hearing no further discussion, Mayor Lay closed the public hearing and called for a"motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1014. Councilmember Pernell seconded the motion which carriedunanimously by those Councilmembers in attendance at the meeting. MATTERS FROM STAFF UPDATE REGARDING NUISANCE ABATEMENT AT 1 POPPY TRAIL. Interim City Manager Dahlerbruch explained that the City has not heard from the property owner regarding the City's action to abate the nuisance at 1 Poppy Trail and that staff is prepared to take further action on December 10, 2006 to obtain a warrant from the court to enter the property to complete the required winterization measures on the property recommended by the consulting geologist.