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1 Poppy Trail Nuisance Abatement Folder 1 of 3C11,7 c/ September 28, 2005 VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT PROPERTY Mr. Ying Ching een Sheen I\ Ir. Alan Sheen Mr. James Sheen 1 Poppy Trail 1 Poppy Trail Rolling Hills, CA 90274 Rollin�T 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 9027-1 Dear Mr. Sheen: NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 &mad: cityofrhra aoI com 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 nuisance and ordering abatement of said nuisance pursuant to Rolling Hills Municipalof Section 8.24050. Your attorney, Mr. Craig Collins, was in attendance at the public hearing representing you. This Resolution requires specific action to be taken b r 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) da ys adoption of this Resolution, no later than October6, 2005 and commence } of implementation of f 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 m 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: Page Ifyou do not tike 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 mitigationmeasures pursuant to Chapter S24 of the Rolling Hills Rlunicipal Code: Please let us know ifyou need to, discuss this further or wish to discuss a cooperative approach to implementation of these, mitigation measures. Sincerely, J CraigR. Nealis City Manager.. •CRN:irilk 9-28-05, heco r-i r r. doc 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 HILLS DECLARING THE CONDITION. OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE' A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section S.24.030 of the Rolling l Hills iaCode, Manager notified Mr. Alan Sheen, owner of that•certain real property nctheCity oftheRolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH),to.abate conditions on his propertyg 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 installing temporary 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 City Council Chambers of City Hall to hear any protests the owner mbght6have to the abatement of the nuisance. On September 2, 2005 the City posted a notice of substandard exist on the property. property at the site apprising the property owners of the unsafe and unsightly conditions that 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 publichearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. 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. the engaged by the City, with the 1proper y owner's perm permion of the ssion, conducted boringsandslide in 0and other tes5, a ts on the property to better understand the structure of the landslide in orer to enable eall 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 of the active landslide. The guesthouse's concrete foundation was damaged in the landslide, and it continues to suffer damage guesthouse was red -tagged as unsafe to occupy by the Couy ofas Los the ground. on Ma The 2005 and in its current condition,. it cannot beused; further it is unsightly and causesw 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, exposedheadscarp of the landslide and unmodified headscarp will permit the intrusion of water into the landslide, that will continue PP)' to adversely ndriimpact the stability of 1 Po trai1.as well as that of surrounding roads and trails. b properties, 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 Cily. Council further finds that by allowing the above described conditionsto 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 properly. owners to maintain their properties free of nuisances, the City Council orders that the properly 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 26`" DAY OF SEPT F1►1�ER, 2005 Godfrey Peale Mayor ATTEST: Cr4 R. Nealis City Clerk Resolution No. 996 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 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 Ter Lay and Mayor Pernell. - NOES: None. A BSENT: None. ABSTAIN: None. Craig R. Nealis City Clerk Resolution No. 996 -3- //�� .XI[I n1 T A Cif/ 0/ [fin �tiL[d _cr =c ,Itr:: September2, 2005 VIA. CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mir. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO 2'PORTUGUESE EEIDI:C-O ROLL IgG MILS. CALIF. 90274 (7101377.1.62221 FAX -1310) 377.7268 E -mad cdyol,A:aol cem Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 Dear Mr. Sheen: 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 S.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 S.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. Or.. 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 Collins that he will forward this letter to you in the event tl atitlistnerotoreceived Mr. th�lat > 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 DS• 29-0s;hrrn-1h.J,x 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 -5 September 1, 2005' \`' Project No. L-599 D1 I)ELTA tk.ssv►sciaki 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 AD/ 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 follov.ing: 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, es 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. Resolution No. 996 L-599 DI Gioup Dche Consultants. 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 AN temporary } and the tem P ry 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 persons traveling on the ATV and temporary em P ry ccora pacc ss emanate danger to guesthouse should be demolished. o road. Therefore the deris stockpiled above the head scarp but akenThe doffs le!oAftefb guesthouse the should not betheremoved, the landslide head scarp should be flattened to 1 horizontal to1 to reduce rock and debris fall hazards from the scar should be placed on the uphill side of the ATV road to catch e temporary debrise fence may fall from above the head scarp. The fence may any that large boulders or debris. not be suitable for 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, te eventually be completely covered with the plastic extending landslide should overthe landside and from the laidback head scarp to the toe. Drainage the edges of e plastic sheeting should be diverted away from the landslide to prevent water the 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 metal or PVC pipe or an "industrial sock drain"could and a used corrugated this purpose. The drainage devices should convey e be down the slope away from the landside mass. collected waterconveyen to the water beyond the current access road andnotto allllowethe kwater to enter the toe of the landslide. 5. A more complete inspection should be d of landslide around the guesthouse and tennis ouert areas areas abo�.e the Measures should Poppy Trail Landslide City of I2allmc lidls Resolution No. 996 7 L-599 D1 Gnrup Iklq Con.0 Ilamf. Inc. Poppy Tr_il L3nd•lidc Ciro ofFnllinc liillS 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 ahigh 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 uith the conclusions in this report or provide alternate recommendations as deemed appropriate. Resolution No. 996 L-599 DI Group Doha Consultants. Inc- Poppy Trod LanJslirjc 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 Alike Reader Alicllacl D. Reader, VP, GE Steven I1. Kolihoff, PG, CEG K.`Proje.rs1Lnncr 9np-S99' Rolling Ildl Poppy Trod Landslide-L-S9S.4 Poppy. Trail SfdclDaomcnis`L L .'r,oj c - Loo. Rc on ■_ dot '99 Rll Poppy Ind .ROUT' r DELTA�T= Resolution No. 996 -9- t GODFREY FERNELL. D D S. Mayor B. ALLEN LAY - Mayor Fro Tem OR. JAMES BLACK Counc.tmemper THOMAS F. IIEII SHEoaER COu, c,I,nemper FRANK E. HILL. Counc,mem?e, July 12, 2005 Mr. Yin° Ching Sheen 1 Poppy Trail Rolling Hilts, CA 90274 Dear Mr. Sheen: 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 requestyou to complete these mitigation measures on your property prior to September 15, 2005. Please let us kno‘.r if any assistance c<•ith finding a contractor that can complete this work on'your property. 1Ve look forward to your completion of this work. Thank you for -your cooperation. Sincerely, (113 .1 • I• 7+0 2 PORTUGUESE BEND /10s0 ROILING MILLS, CAUF, 50:1a 13101377-1521:' FAX: 01013274258 E ma.l c.t,otm.:ao.com fA Craig R. Nealis • City Manager CRN:mIk V7-1 I.050west-It r,,l.,c cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 GROUP ( 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. (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 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 provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. •wuw•GIOI eOm• Resolution No. 996 -11- G I:O U I' r DELTA L -5,r) Crow NIL, Convrlt.uuv. Inc. Poppy Trail L:,r,j liJ ` City of Rolling. IbII 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 (AR') 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 andror 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- G,oup Delta C011,1,11.1,11,, Inc. 3 Peppy Trail LanJ>IiJ[ c„), of ReIli„g 11111% 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 to of the slide is a near vertical slo e about 30 feet hi h. This scar is hi hl unstable and care should taken durin an bulldozer work, lastic sheetin or sandba in to not further de -stabilize the scar . or endan er ersonnel b workin too close to the to or bottom of thescarp 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 Po 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. -se Trns would be drawn based on the mapping, down -hole logging and P Credslandsons geometry. This data will be used to select locations and depths for borings landslide s. CI:OUp r \ I E I -T,\ Resolution No. 996 -13- L -$9'J Group Dclia Con.ult:uns. Inc. Closure Poppy Tula Un].IIJI' City of P..olling I1Jls 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. \Ve 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 safely 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, Vl', GE Steven 11. Kohhoff, PC, CEG L.549 RI I rorry Trail LanJsI do - Lcucr Rcpnn of cRou►' r I)ELT.\ r'i: 'iNd:rd Resolution No. 996 -14- L-599 Gruup Dc lei Comoh.nnts. Inc. 1.599 Pon/ Trail Landslide 03,24.2005 GROUP I?t'LT:\ riUKTPTTITTil 5 Poppy Trail Landside City of Rolling Hills Resolution No. 996 -15- L-59•) Group Drh:t C�n.r4t.im:. luc. 6 Poppy Tr:u1 Land,lidc City of Rolling 1tills AER!A[, 1'110"1-0 01 I'0I'I'Y'I-RAII. LANI)LSIDIi AREA (Photo March 2004) GROUT' DELTA Resolution No. 996 -16- ROLLING HILLS HtJNICIPAL CODE 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 8.24.090 Court action. 8.24 .100 Summary abatement. 3.74.010 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), 1951). 8.24.020 Duty of owner or ossessor 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.190 §1(part), 19S1). S 21.010 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place orarea 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 noticeshall be given by registered or certified mail addressed to the owner or person in 1951). possession of the property, place or area at his last known address. (Ord. 190 §1(part),'' 8.21.00 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 which shall be set for the regular meeting of the Council next following the expiation of the fifteen -day period. (Ord. 190 §1(part), 1981). S.2-1 050 Hearin and decision. If the nuisance is not abated or towards abatement have not been made within the time set good faith efforts City Council shall conduct a hearing at ct fixedo h in the notice8.'4030whchhe evidence may_besubmitted by interested persons. and place in at i;• ons. 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 ofthedecision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of.char Upon failure, neglect or refusal by a person notified pursuant to.Section 8.2-1.050 to abate a nuisance withinthirty 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 , manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981)b�c en in the same 8.2-1.070 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 oft 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. ro ert} The lien gill 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 2-1.080 Char es 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 a levy, collection and enforcement of City taxes and County taxes are herebyF made applicable applicable to the 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, 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 possessorof the property, place or area involved...The City shall notify in writing the owner or possessor of the property, place orarea 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 • S.24.030. The provisions of Sections 8.2.1.070, S.2-1.080 and S.2.1.090 shall be applicable. (Ord. 190 §1 (part), 19S1). Chanter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections 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 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). 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). Resolution No. 996 -19- c, September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen Mr. Alan Sheen 1 Poppy Trail 1 Poppy Trail Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.152, FAX; Q101377.7258 E-mail: Cilgolrh&aol.com I\ r. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 2005, we sent you the enclosed correspondence mitigation measures for your property recommended byou�rlconsulting safely gst' tyIn that correspondence, we requested that you implement these measures y SepteSeptember er 15, 2005. To our knowledge, these measures have not been performed as ofh s da te. We enclose updated safety mitigation recommendations from our consulting that are necessary to be implemented on your property to help protect against gai s geologist 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 prop ert 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 fol lowin measures in order to abate conditions on your property that will potentially g ravate and accelerate the existing landslide: g 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 he by 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 meetingon Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing you will be given an opportunity to present evidence to the City Council regarding forward, conditions on your property and regarding this abatement order. the 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 hesitate to call Sincerely, Craig R. Nealis City Manager CRN:mlk 03-29-05shccn-rt 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 September 1, 2005 Project No. L-599 DI DELTA tt�):TrYri4vl:j� 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 canaccelerate the movement of the landslide. t r' • .. !:.'!i .( .\ `':•i•.i_T ' . Id, :1' ii • ♦ w•v.'w.GroupDelta.corrl♦ GROUP DELTA L-599 1)1 Group Delta Consultants. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Poppy Trail LanVitic City of Rollingllills 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. 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 D Group Delta Consultants. Inc. 3 Poppy Trail Landslide 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 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 %LAI 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. GROUP DELTA L-599 Dl Group Delta Consultants. Inc. Poppy Trail Landslide 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. Kolthoff, PG, CEG n':\Projects\500.599':L-599 Rolling Hill Poppy Trail Landslides. -599A Poppy Trail Slide \Documents,L-599 R)I Poppy Trail Landslide - Letter Report v2.doc DELTA tal3.1.11 C� GODFREY PERNELL. D D.S. Mayor B. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Counc,member 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: 0/ PO/ling ).- EC. =r'. NO. 2 PORTUGUESE BEND ROAD ROLLIND HILLS. CALIF. 90274 n101377-1521 FAX:1310) 377-7268 E -mad cdlohh,i 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 for the City of Rolling Hills to complete several of these mitigation access su es. agreements completed mitigation measures number 1 and 2 (2.0 measures. T7ieCity RECOMMENDATIONS) described in the attached letter. TERM '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 1- ctfull}� can complete this work on your property. }assistance with finding a contractor that We look forward to your completion of this work. Thank you for or your cooperation. Sincerely, S� Craig R. Nealis City Manager CRN:rnlk 07-17-0j;heen-Irr.dnc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering C; I:O U I' DELTA. L''i J.1tlttr it -9 March 22, 2005 Project No. L-599 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 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. s V, WW.Gnw111)dia.crin 4 GI:OUI' r L-599 Croup Delta Consultants. Inc. Poppy Trail LanJ>Iidc City of Rolling IliIIs 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 prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. IDLE 1_T,\ L.-599 Group Delta Consultants. Inc. 3 Poppy Trail Landslide City of Rolling II:IIs 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 draininlets 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. GROUT' fDELT:\ RIJN-1114r1:rf1 L-599 Group Delta Consult:uus. Inc. Closure 4 Poppy Trail Landslide City of Rolling ills - 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 #1 GROUP _ee Steven H. Kolthoff, PG, CEG DELTA titgmili/.1;tF1 C) 0 o 0 2 a. n c 3 CV g- 0 n a ko N 0 -I 0 In ✓ n 7 � 0. O C ro 1:1 rD n 0 C of .Q L-599 Group Delta Consultants. Inc. 6 Poppy Trail L:wdJikc City of Rolling. Hills AERIAL PHOTO OF POPPY TRAIL LAN!)LSI1)E AREA (Photo nlarch 200-1) GROUT' DELTA ROLLING HILLS PRINICIPA.L Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24 .010 ' Nuisance defined. 8.24 .020 Duty of owner or o " . .. possessor of Property. 8.24. 030f 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 8.24.070 Lien. 8 24.080 Charges to be billed 8.24 .090 ;= Court action. 8.24 .100 Summary abatement 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance"sha]I be defined as anything.Ivhich is injurious to health or safety, or is indecent or offensive to the senses, or an as to obstruction the free use of property" or injurious` to the stability of property 1 e comfortable enjoyment of life or property,or unlawfully obstructs the free passage oruse, 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°danage.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 possessorof 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 t' Council determines lhata 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 datethereof, 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, which shall be set fQr the regular meeting of the Council next following the expiration of the' fifteen -day period.. (Ord 190 §1(part), 19S1). 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 8.24 030, 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 publicnuisance-and order the abatement thereof. The decision of the City Council shall be final The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council (Ord.190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement, The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. ' From the date of such recording, the balance due will constitute a lien on the property:. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full.` (Ord. 190 §1(part), ;1981)... 8.24:080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be, charged tothe 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 byreason. 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 shall attempt to notify the owner or possessor or of the property, place, orarea 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 sid 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), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE L?IJDSLIDE 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 propertywithin the City which has in the recent past or may in the future aggravate, enlarge o • 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 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter S.24 (Ord. 190 §1(part), 1981). 4"ari?yn Kern Mon, May 14, 2007 8:01 AM Subject: [Fwd: RE: 1 Poppy Trail] Date: Friday, May 11, 2007 3:44 PM From: adahlerbruch@cityofrh.net To: <mkern@cityofrh.net> Conversation: [Fwd: RE: 1 Poppy Trail] for the file From: "Michael Jenkins" <MJenkins@localgovlaw.com> Date: 2007/05/11 Fri AM 10:43:53 PDT To: "Anton Dahlerbruch_City of Rolling Hills" <adahlerbruch@cityofrh.net> CC: "Yolanta Schwartz" <ys@cityofrh.net>, "Richards, Edwin J." <Ed.Richards@kutakrock.com> Subject: RE: 1 Poppy Trail I spoke today with Norm LaCaze. I think he has all the information that he needs from us to proceed with his plan. In short, Sheen is not paying anything on his second mortgage; the bank holding the second is not only choosing not to foreclose, but is also keeping the first mortgage current. The bank doesn't want to foreclose because it doesn't want to be in the chain of title and risk liability for the slide. La Caze wants to buy the second from the bank and foreclose on Sheen, get dismissals of the lawsuits, and then fix the slide, restore the road and create a new developable lot to recoup some of his expenses. In our conversation he said nothing about financial participation by the City. It's an ambitious plan but he has plenty of money, and often that's the magic ingredient. He doesn't seem to need any more information from Reader or Bolton at this point in time, and he indicated that he has hired his own engineer. He said that he would keep in touch. For Ed's benefit, Norm mentioned that for many years he was aware of a pipe on Sheen's property that he believes drained water into the slide plane and caused the slide. He hikes the area regularly. Sounds like, if his machinations fail and we have to proceed to trial, he would be an important witness for the City. Michael Jenkins JENKINS.& HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448 - Fax: 310.643.8441 MJenkins@LocalGovLaw.com <mailto:MJenkins@LocalGovLaw.com> www.LocalGovLaw.com'<http://www.localgovlaw.com/> This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. From: Anton Dahlerbruch_City of Rolling Hills [mailto:adahlerbruch@cityofrh.net] Sent: Monday, April 30, 2007 12:08 PM To: Michael Jenkins Cc: Yolanta Schwartz Subject: 1 Poppy Trail Page 1 of 2 Hi Mike. I hope all is well. Norm LaCaze stopped by today.to share his progress with trying to acquire the sheen property from the bank. He believes he's'making progress but wanted information in regard to the lawsuits, recognizing that the suits would need to be resolved to be successful. For example, he wanted to know their demands as well as who to' contact if there could be a settlement of cash he could offer. In turn, I. offered that you'd give him a call. Is that okay with you? He was also interested in knowing the engineer of .the new road and talked about how to beautify the hillside. I said he'd want to talk with Delta Group before he assumes it could be planted. Are you willing to call him? His number is 310.534.0411. I'll wait to hear from you before I provide the engineering contacts.. I'm also wondering, if he is serious,- if he should get a copy of the filings. Thanks, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1521 www.palosverdes.com/rh Page 2of2 Cii o/!? PP,.S Jhft INCORPORATED J�.NUARY 2! 1957 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: cityofrh@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. ® f'r:r!as or: !.1n[ Marilyn Kern Mon, May 14, 2007 8:02 AM Subject: [Fwd: Poppy Trail] Date: Friday, May 11, 2007 3:45 PM From: adahlerbruch@cityofrh.net To: <mkern@cityofrh.net> Conversation: [Fwd: Poppy Trail] this in a is also for our poppy trail file (unrelated to the lawsuit as is Mike's email so it should be different folder). Thx PS, this is not for next week :-). It is for the week after. Tony From: "Steven Kolthoff" <stevek@groupdelta.com> Date: 2007/05/11 Fri AM 08:56:07 PDT To: "Anton Dahlerbruch" <adahlerbruch@cityofrh.net> CC: "Mike Reader" <MikeR@groupdelta.com>, "Michael Jenkins" <mjenkins@localgovlaw.com> Subject: Poppy Trail Tony, Norm La Costa's group wants GDC to help their endeavor to buy #1. The answer was not at this time since we are working for there is a lawsuit in progress. It looks like they are going Dave Hamilton a geotech across from GDC's new office. SK Steven H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc 370 Amapola Avenue, Suite 212, Torrance, CA 90501 Office phone Cell phone Fax E-mail : 310-320-5100. : 310-629-9281 : 310-320-2118 : stevek@groupdelta.com Poppy Trail the city and to talk to Page 1 of 1 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 hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 08-29-05sheen-1 tr.doc 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 +reoi: •: lay::. al ;:c: r.,,.4 September 1, 2005 Project No. L-599 D1 DELTA' City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 CONSULTANTS 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. 2291 \V 205"- Street, Suite 105 • Tornauce, (A 90501-1459 i Td ( 3100 3_0-5100 • Fax (310 320_211N Aliso Vi jo♦ 1949) 609-1020 swww.GrounDelta.com♦ Sall Diego* 855) 524-1500 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. GROUP; DELTA 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 D1 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 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. ;GROUP: DELTA' tEiMIN3313 L-599 D1 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. Kolthoff, PG, CEG N:\Projects\500-599 L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc I'i1fto//o`ftrig h il.:.C:&: _R�15L .i tit.J,L.RY 24, 1967, 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: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityotrh@aol.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, Craig R. Nealis City Manager CRN:mlk 07-I I-05slzecn-►tr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering DELTA; i immom & March 22, 2005 Project No. L-599 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 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. ?'{, \V.._O::, Stre S; 1'' Torrance. t'.105•ll-; 4c'i i ; i; '211- Fax �' _--� cl. Suite ♦ ilil�llll.�..f= .. ♦ Ici 1 i+_ ��+ .'♦ }:jijili:_0-21i ^.liso \'iejio♦ 154916; )9-1020 ♦' v '.GrounDelta.com♦ S;i i lii: ,i,♦ (\ \i 524-15410 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 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. GROUP, DELTA kill:11111k Pi 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. 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 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: DELTA L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 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 #1 ;GROUP; DELTA tatosaUyQ J Steven H. Kolthoff, PG, CEG L-599 Group Delta Consultants. Inc. 5 es!...) :49 '4 2 121%- •`� Al r �'. ` ��., �?y� � //J"`\ t t - ft/:r+.'�Vc'�-`^'. i'� ..A !/C?�I '�\� 1 -� •Y, Printed from TOPO! ©1997 Wildflower Productions (www.topo.com) Poppy Trail Landslide City of Rolling Hills GROUP; DELTA CKtl:b1I111:! m L-599 Group Delta Consultants. Inc. Poppy Trail Landslide City of Rolling Hills AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) 'GROUP: DELTA 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, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord: 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the Cityby reason of its abating a nuisance together with interest atthe 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 hens 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 shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080' and 8:24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8 2 8 . 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 shallbe abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 §1(part),1981). Erosion Control Specialists Ca License #851583 January 6, 2006 Attu:.Craig Nealis City of. Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Dear Craig, We propose to furnish labor and materials for, the Poppy Trail project, located on poppy trail #1 in Roiling Hills, Ca. These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages are in affect on this project and will be used per city requirements. 1. Site mobilization 2. Exportation of approx. 3600 yards of soil according to plan. Soil will be exported to the Palos Verdes Land -fill per city request. The cost for performing this work will be $54,000. Any ad.di.tional soil that must be exported above 3600 yards will be charged extra at the rate of $15.00 per, yard. In the event that the land -:fill chosen (palos verdes land -fill) does not accept the soil for any reason, additional hauling costs will occur. Erosion Control specialists will. not be held liable for any damage done to the residence access road that will be used. 3. Site de -mobilization. Erosion Control Specialists 16761 Viewpoint Ln, Ste # 074 Huntington Beach, Ca (800) 376-1015 (909) 753,,9637 ECSFECIAL.ISSTS.COM Ega Erosion Control Specialists The total cost for performing this work will be 54,000.00. As soon as we have your approval we can begin work on this project. Sincerely �J ,adn Lockl it ` rosion Contro Specialists 909-7539637 Fax 714-849-6063 Erosion Control Specialists 16761 Viewpoint Ln. Ste # 074 Huntington Bench, Ca (800) 376.101s (909) 753.9637 ECSPECIAt jSTS.COA4 y TRANSMISSION VERIFICATION REPORT TIME 0110612006 15:41 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 01106 15:40 17148496063 00:00:59 04 t OK'd 013 teec.nte. OK STANDARD ECM DATE: 01-06-06 City ogolling Hills INCORPORATED JANUARY 24, 1937 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityoFrltaoLco►n FAX COVER SHEET TO: Sgt. Paul, Creason, LASD CC: Cpt. Jay Zuanich, LASD Jason Lockl.in, Erosion Control Specialists Mike Reader, Group Delta Steve Koithoff, Group Delta Dutch Phillips, Dutch Phillips Eng. Ross Bolton, Bolton Eng. Roger Vink, RHCA Doug Prichard, RHE Main Gate TIME SENT: 2:45 p.m. FROM: PAC: OPERATOR: SUBJECT: SOIL TRANSPORTATION. Craig Neal.is City Manager REMARKS: Hello Sergeant Cresson: Craig Nealis Erosion. Control Specialists FACSIMILE TRANSMITTAL SHEET COMPANY: City of Rolling ,r .ills FAX NumBER: 310-377-7288 PJ-EON]?. NUMBER: 310-377-1321 Rr.•.; :]Q�.reetl7Cnt PROlvr; Jason Lotldin .DATE: 1/6/2006 TOTAL No. of PAGES INCLUnTNG Cc1vER1 3 RENDER'S R1SPERP„NCE NUMBED; •YOU:R REPP,RENC,E NUMBER: URGENT D FOR REVIEW 0 PLEASE COMMBNT 0 PLEASE REPLY 0 PLEASE .R.ECYCLF NOTRS/Comm ;NT$; Thank You Craig, Sorry for the delay pleases ca11, rue if there are any questions. Jason Locklin prEITIM JAN 0 6 2006 CfTY OF ROLLING HILLS By 16761. VIEWPOINT LN, #074 HUNTTNGTON L CH, CA 92(,47 500-376-1015 CELT. 909-753.9697 PAX 774-849-6063 ECS1?]LCTALTS'T5.COM DATE: 11/30/05 TIME: 12:39:47 ROUTE TO: BS1202 LOS ANGELES COUNTY: DEPARTMENT OF PUBLIC WORKS DEVELOPMENT AND PERMITS TRACKING SYSTEM FEE RECEIPT RECEIPT NUMBER: BS12020002542 DPR4051 PAGE 1 REQUESTED BY: XXXXXXX THIS IS A RECEIPT FOR THE AMOUNT OF FEES COLLECTED AS LISTED BELOW. THE RECEIPT NUMBER, DATE AND AMOUNT VALIDATED HEREON HAS ALSO BEEN VALIDATED ON YOUR APPLICATION OR OTHER DOCUMENT AND HAS BECOME A PART OF THE RECORD OF THE COUNTY OF LOS ANGELES, FROM WHICH THIS RECEIPT MAY BE IDENTIFIED. PLEASE RETAIN THIS RECEIPT AS PROOF OF PAYMENT. ANY REQUEST FOR REFUND MUST REFERENCE THIS RECEIPT NUMBER. DATE PAYMENT RECEIVED: 11/30/05 12:39:30 PROJ/APPL/IMPRV NBR: BL 0511300065 PROPERTY ADDRESS: 1 POPPY TR RHLL 902745137 RELATED PROJECT: PAYOR NAME: EROSION CONTROL SPECIALISTS* ADDRESS: 18781 VIEWPOINT LANE SUITE# 074 HUNTINGTON BEACH CA 92847 PHONE: (909) 753-9637 EXTN: WORK DESCRIPTION: DEMO 40'X 40' GUEST HOUSE FEE STATISTICAL CALCULATION UNIT OF ITEM FEE DESCRIPTION CODE FACTOR .MEASURE AA BLDG PERMIT ISSUANCE A018303 02 DEMOLITION INSPECTN A018303 PAYMENT TYPE REFERENCE EXEMPT FEE NO FEES OFFICE: BS 1202. CASHIER': RB DRAWER: RB EXTENDED AMOUNT $0.00 $0.00 TOTAL FEES PAID: $0.00 AMT TENDERED CHANGE GIVEN AMOUNT APPLIED $0.00 $0.00 ITEMS WITH AN ASTERISK (*) WILL REQUIRE FURTHER DEPOSITS. WHENEVER ACTUAL COSTS EXCEED THE DEPOSIT AMOUNT ******************************** END OF REPORT ******************************** COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY / LAND DEVELOPMENT ROLLING HILLS 24320 NARBONNE LOMITA CA 90717 PHONE: (310) 534-3760 EXT: # 1202 BUILDING PERMIT DEMOLITION BL 1202 0511300065 LEGAL ID: ON FILE NO. OF CONST SQ. FT • STORIES TYPE STRUCTURE: 1600 BUILDING ADDRESS: 1 POPPY TR RHLL CA 902745137 NEAREST CROSS STREET: THOMAS PAGE: 823 GRID: El LOCALITY: ROLLING HILLS ASSESSOR INFORMATION NUMBER: 7569-007-001 TENANT: EXIST BLDG USE: GUEST USE ZONE: EXIST OCC GRP: ISSUED ON: PROCESSED BY: EXPIRES ON: 11/30/05 RE 11/25/06 OWNER: TEL. NO: SHEEN,HUI TSE;SHEEN,CHANG Y, DEC ES - 1 POPPY TRAIL RHLL 902745137 BLDGS. NOW ON LOT: VALUATION: 1 500 FINAL DATE. FINAL BY: CODE: FEES PAID FEE DESCRIPTION: QUANTITY: UOM: AMOUNT: AA BLDG PERMIT ISSUANCE 0.00 02 DEMOLITION INSPECTN 0.00 TOTAL FEES 0.00 LEAD HAZARD WARNING: Due to the possible presence of lead -based paint, lead safe work practices are required for all repairs in pre -1979 buildings that disturb paint. Failure to do so could create lead hazards that violate California Health and Safety Code Sections 17920.10 and 105256 and may be subject to a $1000 tine or criminal prosecution. For more information call 1 -800 -LA -4 -LEAD. REPORT ID: DPR261 ROUTE TO: BS1200 DESCRIPTION OF WORK DEMO 40'X 40' GUEST HOUSE APPLICANT: TEL. NO: EROSION CONTROL SPECIALISTS* (909) 753-9637- 18781 VIEWPOINT LN HUNTINGTON BCH SPECIAL CONDITIONS: PLANNING APPROVAL 11/30/05 & FEE WAIVER FAXED BY YOLANTA CONTRACTOR: TEL. NO: EROSION CONTROL SPECIALISTS* (909) 753-9637- 18781 VIEWPOINT LANE LIC. NO SUITE# 074 851583 HUNTINGTON BEACH CA 92847 APPROVALS DATE INSPECTOR SIGNATURE PEDESTRIAN PROTECTION SEWER DISCONNECTION ARCHITECT OR ENGINEER: TEL. NO: LIC. NO: ABANDON PRIVATE DISPOSAL UNDERGRND STRUCT REMOVAL AND SOIL RECOMPACTION MAP NO: SEWER MAP BOOK: PAGE: FIRE ZONE: CMP: 4922 01 NO. OF FAMILIES: DWELLING UNITS: APT/COND: STAT CLASS: - NO • 23 SCHOOL WITHIN HAZARDOUS AIR QUALITY: 1000 FEET MATERIALS NO NO NO 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� � 7F,.S J�£P .. }=C>R::i-_i:% , i'..1'r 24., 1957 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.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, fA Craig R. Nealis City Manager CRN:mlk 07-21-05s8ecn-1 ir. doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering (; Rc)cI' March 22, 2005 Project No. L-599 DELTA Ci of Rollin 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 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. 4 4 \'‘ w.(iroi:rOelia.i. c+:n f s i :1 CROUP tt�a ri . i L-599 Group Delta Consultants. Inc. Poppy Trail Landslide 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 portion of the landslide. Irrigation lines, a guesthouse footing and wall debris were foundation head scarp. slope drains were noted in the central collector pipe for roof runoff next to the noticed in the area of the guesthouse 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 prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 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 hiqh. 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. GROUP l)IiLT:\ a Lr" L -59t9 Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rollin,_ 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 RII Poppy Trail Landslide - Letter Report #I GROUT' f -1 Steven H. Kolthoff, PG, CEG GROUP I)IL Err :\ [tttJ:6:rf %V.i:t t.1 L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills H :. i :• Ro �l'ipg irrs4 _• • .. F1: T • ..\ ' :..� l •• r =te � - :Q' N• :-��- i !!2ry, r -S r•, vl hi.Y •.350 t a 'Qp is / '- ' 4j:/• uo �.- `.� ,•♦•' _ �..:. `. : _• -- _ a Printed from TGPO' ©I997 Wildflower Productions (ururu: topo corn) ;. :. /. t / i• • VICINITY MAP Project Number: Project Name: Date: Group Delta Consultants, Inc. L-599 Poppy Trail Landslide 03x242005 Figure 1 • t' L-599 Croup Delta Consultants. Inc. 6 Poppy Trail Landslide City of Rolling (lilts AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) CROUP DEI (Q17.:.1q 4 CI.I F. "11/29/2005 13:48 31©6435441 JENKINS E HOGIN LLP PAGE 02 16 17 18 19 20 • 21 22 23 24 25 26 27' 28 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 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: jcoth@localgovlaw.com Attorneys for the City of Rolling.Hills COPY, Exempt From Fees Pursuant to Government Code ,C 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 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA 15 [PROPERTY OWNED BY ALAN SHEEN, Y1NG CHrNG SHEEN, AND JAMES SHEEN] Warrant Case No.. f EOZ;L_-- [PROPOSED] ABATEMENT WARRANT (In �# t 0 4� roG ` PCG 1O� 6Ct 'es [PROPOSED) ABATEMENT WARRANT ' i 1/29/2GG5 13:48 310E438441 JENKItNlS & HOGIN LLP PAGE 03 ( 1 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY POLICE OFFICER, FIRE 2 OFFICIAL, CODE ENFORCEMENT OFFICER, BUILDING OFFICIAL, PUBLIC WORKS 3 OFFICIAL, HEALTH OFFICER, OR OFFICER ON BEHALF OF THE CITY OF 4 ROLLING HILLS, STATE OF CALIFORNIA: 5 Proof by Declaration having been made this day before me by Craig Neal is, and it appearing 6 therefrom that there is good cause for an Order to Abate the public nuisance located at 1 Poppy Trail 7 Road, Rolling Hills, California. 8 The City of Rolling Hills and its officers, agents, employees, or authorized representatives are 9 hereby ordered to enter onto the property located at 1 Poppy Trail Road, Rolling Hills, California 10 (the "Property'), between the hours of 8:00 a.tn. and 6:00 p.m.: and abate the public nuisance existing on the Property. This Abatement Warrant shall authorize the City to: 12. 1. Seal any and all renewed tensions cracks; 13 2. Demolish the guesthouse located at the rear of the Property; 14 3. Cover the entire affected area with UV resistant plastic sheeting; 15 4. Flatten the landslide head scarp to a 1 horizontal to I slope; 16 5. Install temporary drainage devices to divert stonnwater; and 17 6. Take other such steps as may be reasonable to ensure that the Property is in 18 compliance with the Rolling Hills Municipal Code. 19 Reasonable force may be used to enter the outside Property, or any part thereof, should any 20 request for entry pursuant to this Warrant be refused. 21 This Wan -ant shall be effective for a period of not more than sixty (60) days, unless extended 22 or renewed. No abatement authorized by this Warrant shall be undertaken without first providing24 23 hours notice of the issuance of said Warrant by posting a copy of Warrant on the Property. 24 The abatement activities authorized by this Warrant may be undertaken in the absence of the 25 owner or occupant of the Property. 26 //1 11 27 78 /1/ [PROPOSED] ABATEMENT WARRANT 11/29/ 2005 13:18 31554 38411 JENKINS & HOGIN LLP PAGE G4 1 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 A return to this Court shall be made in accordance w; ith the provisions of Section 1822.55 of . the Code of Civil Procedure. DATED: ve->- - 2005 JUDGE OF / 'v �i-�E SLiPER,lOR COURT rancis J. Hcurigzu [PROPOSED) ABATEMENT WARRANT ;GROUP! IDELTAI CONSULTANTS gri ring September 21, 2005 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Subject: Mr. Nealis: SEP 2 3 2005 CFrf OF ROLLING HILLS By Craig Nealis, City Manger Continued Movement Poppy Trail Landslide Rolling Hills, California On September 1, 2005, during the installation of three inclinometers within the midsection of Poppy Trail Landslide, Group Delta Consultants, Inc. (GDC) observed that the landslide was still moving. Traverse cracks developed paralleling the landslide toe throughout the midsection of the landslide (see Figure 1). Diagonal tension cracks were observed along the north lateral scarp at the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide (see Figure 2). Also, there is evidence that surface water has ran off the top of the landslide scarp onto the landside mass. Surface water needs to be prevented from flowing onto the landslide and from flowing into the new tension cracks. Water entering the tension cracks could accelerate the movement of the landslide and could cause erosion of the landslide back scarp. Inclinometer Displacement Monitoring On September 1 through September 3, 2005, three inclinometers were installed on the active and non -active portions of the landslide. On September 2, 2005 and September 6, 2005, baseline readings were made for the inclinometers. Additional readings were taken through September 16, 2005. The following summarizes the ground -displacement monitoring of the inclinometers. • PT -1 was installed on the south side of the active landslide. Monitoring showed that the landslide in the area of PT -1 was displaced about 0.5 inches down slope from September 2 through September 16, 2005. • PT -2 was installed on the north side of the active landslide. Monitoring showed that the landslide in the area of PT -2 had displaced almost 0.25 inches down slope from September 6 through September 16, 2005. 2291 W. 2051' Street Suite 105 + Torrance. CA 90)01-1459 + Tel t 310) 320-5100 ♦ Fax (31x1, 320-211S Aliso Viejo+ (949) 609-1020 ♦www.GroupDelta.com♦ San Diego+ (h5) 524-1500 w s` Continued Movement Poppy Trail Landslide Rolling Hills, California September 21, 2005 Page 2 • PT -3 was installed north of the active landslide in the old landslide mass. No significant displacement was monitored at PT -3. The locations of the inclinometers are plotted on the attached geology map. The inclinometer displacement monitoring plots follow the map. The inclinometer A -axis is generally down slope while the B -axis is 90 degrees from the A -axis (see plots in the back of this report). Additional Observations On September 20, 2005, an unusual summer storm dropped measurable rain in the area of the landslide. During the storm, the landslide was not winterized with plastic sheeting or surface water diversion devices allowing rainwater runoff to enter the landslide mass. After visiting the site on September 21, 2005, it was observed that many of the surface cracks that were not destroyed from the temporary ATV Road grading had increased in width (see Figure 3). No new cracks were observed on the newly graded temporary ATV Road. Conclusion The Poppy Trail Landslide is moving as much as 0.3 inches a week. This is evident by the observation of the tension cracks that developed in the midsection of the landslide and the data collected while monitoring the inclinometer. Since the landslide is still moving, precautions should be taken to protect the landslide from surface water entering the landslide mass by covering the landslide with plastic sheeting and diverting surface water run off away from the landslide mass. Also, the gust house above the landslide scarp should be removed and the scarped laid back and covered with plastic for additional stability. Also, the toe of the landslide should be densified by track rolling the loose materials. Monitoring ground -displacement of the inclinometers will continue on a bi-weekly basis throughout and after the grading of the temporary roadways. Any questions, please give us a call. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Senior Geologist DELTA to i Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP; DELTA easamatsna September 21, 2005 Page 3 Figure 1. Traverse tension cracks observed along the midsection of the Poppy Trail Landslide. Figure 2. Diagonal tension cracks along the north lateral side of the landslide. Figure 3. Traverse tension crack widens after the September 20, 2005 rains. Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP: DELTA toiumataagi September 21, 2005 Page 4 Figure 4. Erosional rills forming from surface water flowing over the landslide back scarp. -o + LEGEND + or. Young AM...n Om • Slope `Nosh OY . La ddde Dols -0b t.nddide Tn,e •Uon0. Slide Cs•Canine Sd,YI Deobpkd Cabo edtbnp .........r srw Cross SKTbw ♦' • • City Lot Shia 6 Cdp deed with depth ions bonny Silk. & D0pd Sd,Yvriy 5000 F Dip d Yrddlde pone DYe0Yan d0Mdsie mown. omadwosos aa.q Locations Tapes G Tnndu (P4P.tlpc 5c6) 1 1 Reference: Drawing prepared by, Bolton Engineering Corp, dated 5.24-05. CITY Of ROLLING HILLS AND ROWNG HILLS CO. OBTAIN PERMISSION FROM PROPERTY OWNER FOR AU. OFFSITE WORK ON /1 AND #4 POPPY TRAIL Owner: Alan Sheen Portion of Lot Rolling Hias Tree h Pooh Tree w11 —Crocks to Londslid osslble Slid 1 I I I Ill I I I1II11111 1 I I III I I I.I 1% I1 I 1111 1 11 \\ 1 111 1 I ILIA \� 1111 I I!III% 11111 1 rI 1 1111 1111 1 ,1 1 1111 'III I' Y I I� , . 90 111 I I I I I I -I11 1/4 '11„11;11, I I I 11+\1\. \\1, 111 \ I I \ ; \\ 11111 i \\ tit/ 1 \ \ \ 1 \ \ ,�� , \\\\\,\ \ iii / \I \\ �\ 1\ \, \ _ ....,...,/.e�,,`�ii I \ 1\\1\ \ 11 ••••„.• _ .... / / /111\\ 1 11 ---s-4:1, / 7. : // /• / oppY Troil • \\\ \ I 1 Sore 6/14/05 oaeam: T. Ybarra IIVISKRA 08/18/05 ty unwmem S. Kolthoff `GROUP. 'Dt GROUP DELTA CONSULTANTS, INC 2291 W. 205th Street Suite 105 Torrance, CA. 90501 Geologic Map MYST 11(1/013. L-5995 sir I"=80' Poppy Trail # 1 Landslide City of Rolling Hills - Rolling Hills, CA MOM neaoe 7 0: 1 5; 10 15 20 Q. 0) 0 25 30 35 40 -1.00 POPPY PT -1, A -Axis II dl 6 -0.50 0.00 G) a POPPY PT -1, B -Axis 5 10- 15- 25 - 30 9/2/2005 35 ' -,- 9/2/2005 9/2/2005 9/2/2005 {� 9/6/2005 - 9/6/2005 9/8/2005 9/8/2005 -0- 9/16/2005 < 9/16/2005 40 0.50 1.00 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 Cumulative Displacement (in) from 9/2/2005 (.; RC)U I' DELTA owatia imam Poppy Trail Landslide Rolling Hills, CA Inclinometer PT -1 POPPY PT -2, A -Axis 01 5 10 15 • C 20 a> 0 25 30 35 5 10 15 20 25 - 30 - 35 - - 9/6/2005 • 9/6/2005 9/8/2005 - 9/16/2005 40 _.- -, _ 40 -100 -0.50 0.00 0.50 1.00 -1.00 -0.50 0.00 Cumulative Displacement (in) from 9/6/2005 Cumulative Displacement (in) from 9/6/2005 POPPY PT -2, B -Axis I :I 1 1. 7r (.I:C)UI' r DELTA orosiaibliam =r 9/6/2005 9/6/2005 9/8/2005 9/16/2005 0.50 1.00 Poppy Trail Landslide Rolling Hills, CA Inclinometer PT -2 0 5I 10: 15 20 m 9 25 a) 0 30 35 40 . 45i i 50 -1.00 POPPY PT -3, A -Axis -0.50 • 9/6/2005 - 9/6/2005 9/8/2005 ,r 9/16/2005 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Poppy Trail Landslide Rolling Hills, CA DELTA mamma 0 5 10 15 20 r 25 a m 0 30 35 40 - 45 POPPY PT -3, B -Axis 50 -1 00 -0.50 9/6/2005 ¢- 9/6/2005 o- 9/8/2005 : 9/16/2005 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Inclinometer PT -3 :GROUP: DELTA' CONSULTANTS September 21, 2005 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 SEP 2 3 2005 CITY Of ROLLING HILLS Attention: Craig Nealis, City Manger Subject: Continued Movement Poppy Trail Landslide Rolling Hills, California : ::.::A5 Mr. Nealis: On September 1, 2005, during the installation of three inclinometers within the midsection of Poppy Trail Landslide, Group Delta Consultants, Inc. (GDC) observed that the landslide was still moving. Traverse cracks developed paralleling the landslide toe throughout the midsection of the landslide (see Figure 1). Diagonal tension cracks were observed along the north lateral scarp at the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide (see Figure 2). Also, there is evidence that surface water has ran off the top of the landslide scarp onto the landside mass. Surface water needs to be prevented from flowing onto the landslide and from flowing into the new tension cracks. Water entering the tension cracks could accelerate the movement of the landslide and could cause erosion of the landslide back scarp. Inclinometer Displacement Monitoring On September 1 through September 3, 2005, three inclinometers were installed on the active and non -active portions of the landslide. On September 2, 2005 and September 6, 2005, baseline readings were made for the inclinometers. Additional readings were taken through September 16, 2005. The following summarizes the ground -displacement monitoring of the inclinometers. • PT -1 was installed on the south side of the active landslide. Monitoring showed that the landslide in the area of PT -1 was displaced about 0.5 inches down slope from September 2 through September 16, 2005. • PT -2 was installed on the north side of the active landslide. Monitoring showed that the landslide in the area of PT -2 had displaced almost 0.25 inches down slope from September 6 through September 16, 2005. 2291 W. 205 ' Street. Suite 105 ♦ Torrance, CA 90501-1459 • Tel 310 320.5100 ♦ Fax (310 3_20-21 i5 - A1iso Viejo+ (949) 609.1020 ♦www.GroupDelta.com♦ San Diego+ r858 524-1500 DELTA tfronmens Continued Movement Poppy Trail Landslide ` Rolling Hills, California September 21, 2005 Page 2 • PT -3 was installed north of the active landslide in the old landslide mass. No significant displacement was monitored at PT -3. The locations of the inclinometers are plotted on the attached geology map. The inclinometer displacement monitoring plots follow the map. The inclinometer A -axis is generally down slope while the 13 -axis is 90 degrees from the A -axis (see plots in the back of this report). Additional Observations On September 20, 2005, an unusual summer storm dropped measurable rain in the area of the landslide. During the storm, the landslide was not winterized with plastic sheeting or surface water diversion devices allowing rainwater runoff to enter the landslide mass. After visiting the site on September 21, 2005, it was observed that many of the surface cracks that were not destroyed from the temporary ATV Road grading had increased in width (see Figure 3). No new cracks were observed on the newly graded temporary ATV Road. Conclusion The Poppy Trail Landslide is moving as much as 0.3 inches a week. This is evident by the observation of the tension cracks that developed in the midsection of the landslide and the data collected while monitoring the inclinometer. Since the landslide is still moving, precautions should be taken to protect the landslide from surface water entering the landslide mass by covering the landslide with plastic sheeting and diverting surface water run off away from the landslide mass. Also, the gust house above the landslide scarp should be removed and the scarped laid back and covered with plastic for additional stability. Also, the toe of the landslide should be densified by track rolling the loose materials. Monitoring ground -displacement of the inclinometers will continue on a bi-weekly basis throughout and after the grading of the temporary roadways. Any questions, please give us a call. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Senior Geologist Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP. DELTA mamma September 21, 2005 Page 3 Figure 1: Traverse tension cracks observed along the midsection of the Poppy Trail Landslide. Figure 2. Diagonal tension cracks along the north lateral side of the landslide. Figure 3. Traverse tension crack widens after the September 20, 2005 rains. Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP; DELTA. tkeaturalaci September 21, 2005 Page 4 Figure 4. Erosional rills forming from surface water flowing over the landslide back scarp. LEGEND • t 1 \\\ 11 1 1 \ it 11 \1\1`,\\ \\ \\\\• + 11\;\\\\\\\\\\\. \\. \1\\\1\\\\\\'' 1111 \\1\ \ \ 1 11 11 `1`�\om�. e.t 11111\\`\ 1 1 11 I \ �. \• iaet� 0.�= \�1 11; 1\ 1 \ \\ `\\�---x•wc>s�T ito -Young Mut. Os • Shaped/ash O - IanLide OW .0W LAMnlde TmR-Ahrrte Si ie 4 • Cwol„e Scbla Delnpd Contact Baldang sr_ uerne Sectors Reference: Drawing prepared by, Bolton Engineering Corp, dated 5.24-05. • -rru rY Pot Z� col a9P :\•\„...,,\1 \\ `may • 1 �\ \ \\\ Sake & 0 p ofbel with depth horn body Skim Dip alSclilorer Swim 0 Dip el londsliele plan Deeckorr el laoeaee noren,e0 1 h • ome,de.e Boring foster. TelphS&TreMre P-&Peoac Sole) CITY OF ROLLING HILLS AND ROLLING HILLS CO. OBTAIN PERMISSION FROM PROPERTY OWNER FOR ALL OFFSITE WORK ON /1 AND /4 POPPY TRAIL. Orman: Aron Sheen Portion o1 Lot 90 Rotting Hite Troc moor rnl DATE oenenw: T. Ybarra 1 1 1111 1 1 111 1 1 '.1 11 11 1 1111 1 1 11 11 11 \ \ 11111 1 %%III `• 1111 { 111-11111 ', 1111 1 1 1.1 1111 111 1 1 1 II I 1 ►til 1 1 1 j! ► 1 1 11 ► 1 111 1 1 1 I Ili-\. \\1\ 11 \ \\1 1 \ \ \\\ I/ ► ; \\ \ \ 1 \ 1 1111\ 1 I / 1 1••\ 1 1 1 1! / j // ...................`�\\\\\\\ \ \ \\ 1\ \ \\\\\ `\\ \ \ w\��•. \\\\\ \\ + City Lot \ \\\\.‘\\\\ ::•,.\\\\\\\‘„ \ l\\\\\\ 1 1 6/14/05 WASKIK 08/18/05 ty Nhetowth S. Kolthoff .GRoul'11414 GROUP DELTA CONSULTANTS, INC 2291 W. 205th Street Suite 105 Torrance, CA. 90501 Geologic Map PROJECT HUME. L-5995 Poppy Trail # 1 Landslide Clty of Rolling Hills - Rolling Hills, CA ecec I" = BO' ADOREPUaBt 7 0: 5; 10 15 a) te) C L 20 C. a) 0 25 30 35 40 POPPY PT -1, A -Axis 1 Ti b' h 9/2/2005 9/2/2005 - n- 9/6/2005 9/8/2005 - 0- 9/16/2005 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 Poppy Trail Landslide Rolling Hills, CA 0 POPPY PT -1, B -Axis �I p 5 10- 15- w a) C 20 • C. a) 0 25 - 30 35- 40---r---"'f—"—r- -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 a 9/2/2005 9/2/2005 9/6/2005 -0- 9/8/2005 9/16/2005 Inclinometer PT -1 01 10 1 15 L 20 Q. a) a 25 30 35 POPPY PT -2, A -Axis T 11 1 1 � TI i1 - 9/6/2005 - 9/6/2005 - 9/8/2005 9/16/2005 40 , -100 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 DELTA corwrizon 5 10 - 15 - • • • • 20 D. a) 0 25 30 35 - POPPY PT -2, B -Axis 9/6/2005 9/6/2005 9/8/2005 40 Y 9/16/2005 -100 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Poppy Trail Landslide Rolling Hills, CA Inclinometer PT -2 • 0 5 10 15; 20 a, w C L 25 a) 30 35 40 45 I POPPY PT -3, A -Axis 50 • —� -1.00 -0.50 0.00 0.50 1.00 -1.00 -0.50 0.00 Y -0 9/6/2005 -0- 9/6/2005 9/8/2005 9/16/2005 0 5 10 15 20 — a) ate' C 25 a a) 0 30 35 40 45 50 POPPY PT -3, B -Axis Cumulative Displacement (in) from 9/6/2005 DELTA Poppy Trail Landslide Rolling Hills, CA a- 9/6/2005 -0- 9/6/2005 -0- 9/8/2005 9/16/2005) 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Inclinometer PT -3 3 CONSULTANTS r c treitttBc`�'L September 21, 2005 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Subject: �o SEP 2 3 2005 CITY OF ROLLING HILLS ray . Craig Nealis, City Manger Continued Movement Poppy Trail Landslide Rolling Hills, California Mr. Nealis: On September 1, 2005, during the installation of three inclinometers within the midsection of Poppy Trail Landslide, Group Delta Consultants, Inc. (GDC) observed that the landslide was still moving. Traverse cracks developed paralleling the landslide toe throughout the midsection of the landslide (see Figure 1). Diagonal tension cracks were observed along the north lateral scarp at the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide (see Figure 2). Also, there is evidence that surface water has ran off the top of the landslide scarp onto the landside mass. Surface water needs to be prevented from flowing onto the landslide and from flowing into the new tension cracks. Water entering the tension cracks could accelerate the movement of the landslide and could cause erosion of the landslide back scarp. Inclinometer Displacement Monitoring On September 1 through September 3, 2005, three inclinometers were installed on the active and non -active portions of the landslide. On September 2, 2005 and September 6, 2005, baseline readings were made for the inclinometers. Additional readings were taken through September 16, 2005. The following summarizes the ground -displacement monitoring of the inclinometers. • PT -1 was installed on the south side of the active landslide. Monitoring showed that the landslide in the area of PT -1 was displaced about 0.5 inches down slope from September 2 through September 16, 2005. • PT -2 was installed on the north side of the active landslide. Monitoring showed that the landslide in the area of PT -2 had displaced almost 0.25 inches down slope from September 6 through September 16, 2005. 2291 W.2051' Street, Suiie 105 i Torrance, CA 90501-1459 b Tel t 310i 320-5100. Fax (310) 320-21 t h Aliso Viejo+ (949)609-1020 ♦www.GrouDDeita.com♦ San Dielgoe (8.55) 524-1500 GROUP; DELTA. tirmangmin Continued Movement Poppy Trail Landslide Rolling Hills, California September 21, 2005 Page 2 • PT -3 was installed north of the active landslide in the old landslide mass. No significant displacement was monitored at PT -3. The locations of the inclinometers are plotted on the attached geology map. The inclinometer displacement monitoring plots follow the map. The inclinometer A axis is generally down slope while the B -axis is 90 degrees from the A -axis (see plots in the back of this report). Additional Observations On September 20, 2005, an unusual summer storm dropped measurable rain in the area of the landslide. During the storm, the landslide was not winterized with plastic sheeting or surface water diversion devices allowing rainwater runoff to enter the landslide mass. After visiting the site on September 21, 2005, it was observed that many of the surface cracks that were not destroyed from the temporary ATV Road grading had increased in width (see Figure 3). No new cracks were observed on the newly graded temporary ATV Road. Conclusion The Poppy Trail Landslide is moving as much as 0.3 inches a week. This is evident by the observation of the tension cracks that developed in the midsection of the landslide and the data collected while monitoring the inclinometer. Since the landslide is still moving, precautions should be taken to protect the landslide from surface water entering the landslide mass by covering the landslide with plastic sheeting and diverting surface water run off away from the landslide mass. Also, the gust house above the landslide scarp should be removed and the scarped laid back and covered with plastic for additional stability. Also, the toe of the landslide should be densified by track rolling the loose materials. Monitoring ground -displacement of the inclinometers will continue on a bi-weekly basis throughout and after the grading of the temporary roadways. Any questions, please give us a call. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Senior Geologist Continued Movement Poppy Trail Landslide Rolling Hills, California September 21, 2005 Page 3 Figure 1. Traverse tension cracks observed along the midsection of the Poppy Trail Landslide. Figure 2. Diagonal tension cracks along the north lateral side of the landslide. Figure 3. Traverse tension crack widens after the September 20, 2005 rains. Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP r( DELTA September 21, 2005 Page 4 Figure 4. Erosional rills forming from surface water flowing over the landslide back scarp. LEGEND + 11 11 \\.\\ 1 1 \ 1 1, 1 \ \ \t1\\1 \1\ \\ \\ \\\1\\` \\\ \\ \\ \\\ it\1\\ \\\ �. .\ 1;\ \ \\\\\\\. "•-• 1111 \\ \i\\\ ;.\ 1• 1 11 1 \ \\'� �rowl it.teo'tir.v�`n-t����• 111 11 \ \ \ \` 4roet..5:10� POPPY Traff�! \• CIA • Yoop.kMm Chow • Slope Wash a.-Lr,dye, Ow Old Lenddd. Tme-Mamas Shale 6 • Casino Schist Coslogkal C .wan L_ I cre:, Sections • 1 1 \ -o la \� sake G Dip d bed with depth Lan boom Sawa G Dip d&Nam*, Slater. Dip d InAwde pane a.eeo„ dYnelkd, nownwo a.e.wre tartans Temps* GTrendu (P-11/Panto SA) • 1-fF 111". 1 0,7I\ a `\ 11 \ \ . 1. \ `.� • + ` Reference: Drawing prepared by, Bolton Engineering Corp, dated 5-24-05. CITY OF 'ROLLING HILLS AND ROWNG HILLS CO. OBTAIN PERMISSION FROM PROPERTY OWNER FOR ALL OFFSITE WORK ON /1 AND #4 POPPY TRAIL • • • V. \ • • _— Owner: Aion Portion of Lot 90 Roiling 0111* Tr n ►won ,SS. Sheen a.;t . ( 1 1 111 1 11.11 11 11 1 1111 1 1111111 \ \ I III I 1 .1 1111 ` 11111 11141 111 \ 1111 1 1 111111 1U 11 1 1 1 111 �1111I11,1I111\ '1111! 1 1 111:11\11\:1: eC )1/111111 11; 1\ 1 \.1\1\ \ 1\ \ I 1 h \\ \\ / 1 \\ \ 1 \'\\\1\ /// \ \\ 11 1 \\ `‘ �_�Yii / �� I I 111,\ \ I oPPY Trott ---- \ \\ \\\\\\\ \\ \\\\\ --"•\\.\\\\‘‘‘‘,\‘‘\\‘ ‘\‘‘‘‘,...s. .•\.\ \\\ \\ \\\. `.\.\. \.\.\. �\ \\� \`: �s.. I 1 •\ • ---_��� �•••\ , \ + \ \ � ‘:\ \ \\\ \\\\\\\\\ + City Lot 0010 6/14/05 oe.emwS: T. Ybarra mma .e..e,mlm 08/18/05 ty S. Kolthoff r CKl; GROUP DELTA CONSULTANTS, INC 2291 W. 205th Street Suite 105 Torrance, CA. 90501 Geologic Map Poppy Trail # 1 landslide City of Rolling Hills - Rolling Hills, CA rtua•cT ream: L-5998 eCH. I"=00 ?WWI MOOS 7 10 15- a� a) 20 0. o 25 30 35 40 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 POPPY PT -1, A -Axis - 9/2/2005 9/2/2005 -n- 9/6/2005 9/8/2005 - 0- 9/16/2005 ;71 DFI.TA twoialra9A Poppy Trail Landslide Rolling Hills, CA 0 5 10 15 wa� 20 a a) 0 POPPY PT -1, B -Axis 25- 30 35 - —n- 9/2/2005 9/2/2005 9/6/2005 9/8/2005 - 9/16/2005 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 Inclinometer PT -1 01 10 15 a a) c 20 a) 0 25 30 35 40 4 - POPPY PT -2, A -Axis - 9/6/2005 9/6/2005 - 0-- 9/8/2005 - 9/16/2005 -1.00 -0.50 0.00 0.50 1.00 0 5- 10- 15- a c 20 a. a> 0 25 30 - 35 - 40 -1.00 -0.50 0.00 0.50 1.00 POPPY PT -2, B -Axis 9/6/2005 9/6/2005 9/8/2005 9/16/2005 Cumulative Displacement (in) from 9/6/2005 Cumulative Displacement (in) from 9/6/2005 GROui, DELTA a Poppy Trail Landslide Rolling Hills, CA Inclinometer PT -2 0 5 10 15 20 a� 4-0 s 25 O a) 0 30 35 40 1 45� I 50 POPPY PT -3, A -Axis -0- 9/6/2005 9/6/2005 9/8/2005 -1 9/16/2005 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 c;RoUI' r DELTA Asa Poppy Trail Landslide Rolling Hills, CA POPPY PT -3, B -Axis 0 5 10- 15- 20 , w L 25 Q 0 30 35 40.- 45 50 -1.00 -0.50 0.00 -R- 9/6/2005 -0-- 9/6/2005 -0- 9/8/2005 9/16/2005 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Inclinometer PT -3 /1/N6/2005 17:23 3106438441 JENKINS & HOGIN LLP PAGE 01 JENKINS A LAW PARTNERSHIP LLP MANHATTAN TOWERS 1239 ROSECRANS AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310)643.8448 • FAX (310) 643-8441 wwvaocalGovLaw.com FAX COVER SHEET FAX NUMBER TRANSMITTED TO: (310) 3777288 To: Craig Nealis Of: City of Rolling Hills CC: From: Mike Jenkins Client/Matter: Sheen Date: November 29, 2005 .DOCUMENTS Letter NUMB R OF PAGE . 2 COMMENTS: Just saw this Tuesday night. Came in the mail; not faxed. The information contained in this facsimile is confidential and may be protected by attomey.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_ mail to the address above. Thank you. If there are problems with the transmission of this documents, please call (310) 6438448 -te' 17:23 3106438441 JENKINS & HOGIN LLP PAGE 02 COLD LAWFI November 28, 2005 Jeffrey S. Gerardo Kutak Rock LLP Suite 1100 15201 Von Karman Avenue Irvine, CA 92612-1077 Aon Center 707 Wilshire Boulevard Suite 4880 Las Angeles, California 90017 213.572-0400 phone 273.232-71.30 fax Via facsimile: 949-417-5394 Re: In the Matter of the City of Rolling Frills' Application for, an Abatement Warrant Dear Mr, Gerardo: We received your November 23, 2005 letter suggesting that our client, Hui--Tse Sheen, could avoid the demolition of his house if by November 28, 2005 he provides an engineered repair plan, proof of financial ability to perform, and other requirements. We think it unrealistic that you could suggest late on Wednesday before a Thanksgiving vacation that Mr. Sheen could assemble these thongs and provide them by the next business day (i.e., the Monday following the Thanksgiving weekend). We do not think this was a genuine offer on the City's part. It is apparently an attempt to create the illusion of cooperation. We do have an easy, inexpensive alternative plan to offer. We suggest that instead of the City demolishing Mr. Sheen's house, the City simply close the road below the home. This would both protect the public and preserve Mr. Sheen's house until the parties' rights can be determined after a fair hearing, and possibly after the parties have time to agree on an overall repair scherrie. As always, Mr. Sheen has no objection to the Citysealirig cracks, covering the slope with plastic sheeting, and taking the other steps recommended by its engineers. Mr. Sheen simply opposes the grading and demolition of his house. I1/8/2OO5 17:23 3106438441 • JENKINS & HOGIN LLP PAGE 03 Jeffrey S. Gerardo November 28, 2005 Page 2 We believe the City has predetermined that it is going to demolish Mr. Sheen's house and grade his slope for the ulterior motive of facilitating the access road repair project. Despite the City's sneaky tactics, Mr. Sheen remains willing to cooperate with the City and the other residents on an overall repair plan should the City ever genuinely be interested in one. We ask for 24 hours' notice at least before the City enters Mr, Sheen's property. We intend to work to observe and possibly photograph the work to preserve evidence. If the City proceeds without giving us at least this much notice, we will consider it spoliation of evidence. Finally, pursuant to the Public Records Act and common courtesy we request copies of the City's grading plan, grading permit, WPDES permit and soils or other reports we do not yet have. Sincerely, Craig M. Collins COLLEISLAWF1IR cc: Michael Jenkins NOV. 30. 2005 10:42AM KUTAK ROCK -IRVINE 949 417 5394 KU I AK KUC:K LLP NO. 835 P. 1/3 SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 9449-417-5394 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, CitvManager (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: 7eff Gerardo SECRETARY: Liz RE: Sheen v. Rolling Hills EMPL No.: CLIENT NUMBER: 11317-51 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. >f 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 Iiabiliry if you do anything with these documents or the information it contains other than calling us immediately at the number Iisted above and returning these documents to us at once. Operator: GROUP CO15E (FAXES) ❑ 7100 — Personal ID 7200 — Local ❑ 7300 — Long -Distance 0 7400 - International 6 EPdAlkat)ce,rot G Cgs- @etc ,, Pc.j*— !�►\WES : i° 1 141 i 6 Cyan) pmft.A- Sim irQ4 t:i /6Yb [)1 Ca4taviTA NOV. 30. 2005 10:42AM KUTAK ROCK -IRVINE 949 417 5394 NO. 835 P. 2/3 JEFFREY S. GERARDO Jaffrey.gerarclo(atcurakroeR.com (949) 417-0999 KUTAK ROCK LLP SuITK 1100 18201 VON KARMAN AVENuE IRVINE, CALIFORNIA 92612-1077 949-417-080e FACSIMILE 949-417-5394 W W W_1gp48kTOGic_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, CA 90017 Re: tai-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: ATLANTA CHIOAOO DENVISq 0E8 MOINCS FAYSTTEV1LLE KANEA¢ OI7T LITTLE Rom< L9s.ANCELeS O ISLAHO M A CITY OMAI4A PASADENA HICHMOND tQOTTS MAL* WA6KINCTON 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 NOV. 30. 2005 10:42AM KUTAK ROCK -IRVINE 949 417 5394 NO, 835 P. 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, 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 ani 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 4951-9136-9216.1 Subj: RE: Final Soil Chemical Results Date: Wednesday, January 4, 2006 8:58:22 AM From: DRothbart@lacsd.org To: stevek@groupdelta.com cc: boltonengcorp@cs.com, Cityofrh @ aol.com, RFerrante @ lacsd.org, eladen @ lacsd.org, BBauerlein @ lacsd.org, KKuo@lacsd.org Steven, Happy New Year and thanks for the analytical data. The results are within normal background levels for the area and can be accepted at the site.. However, could you modify the cover letter? The Palos Verdes Landfill is a closed site and cannot accept any waste. As a result it would be incorrect to state that soil would be "disposed" at the Palos Verdes Landfill. Instead the letter should reflect that clean excavated soil will be "transported to the Palos Verdes Landfill for routine cover soil maintenance activities". Thanks, David David L. Rothbart, P.E. Supervising Engineer Technical Services Department Los Angeles County Sanitation Districts 1955 Workman Mill Road Whittier, CA 90607 Telephone: (562) 699-7411, ext. 2412 FAX: (562) 692-2941 -----Original Message From: Steven Kolthoff [mailto:stevek@groupdelta.com] Sent: Tuesday, January 03, 2006 5:07 PM To: Craig Nealis Cc: boltonengcorp@cs.com; Rothbart, David Subject: Final Soil Chemical Results 1 /5/06 America Online : Cityofrh Page 1 For your reference and please review. SK Steven H. Kolthoff, CEG Associate Geologist Group Delta Consultants, Inc 2291 W. 205th Street, Suite 105, Torrance, CA 90501 Office phone : 310-320-5100 Cell phone : 310-629-9281 Fax :310-320-2118 E-mail stevek@groupdelta.com ------=---- Headers ------------------ Return-Path: <DRothbart@lacsd.org> Received: from rly-xa01.mx.aol.com (rly-xa01.mail.aol.com [172.20.64.37]) by air-xa01.mail.aol.com (v108_r1_b1.2) with ESMTP id MAILINXA14-4843bbfe92119; Wed, 04 Jan 2006 11:58:21 -0500 Received: from ,exprod8og2.obsmtp.com (exprod8og2.obsmtp.com [64.18.3.203]) by rly- xa0l.mx.aol.com (v108_r1_b1.2) with ESMTP id MAILRELAYINXA12-4843bbfe92119; Wed, 04 Jan 2006 11:57:54 -0500 Received: from source ([65.169.176.6]) by exprod8ob2.obsmtp.com ([64.18.7.12]) with SMTP; Wed, 04 Jan 2006 08:57:54 PST Content -class: urn:content-classes:message MIME -Version: 1.0 Content -Type: text/plain; charset=" iso-8859-1 " Content -Transfer -Encoding: quoted -printable X-MimeOLE: Produced By Microsoft Exchange V6.5 Subject: RE: Final Soil Chemical Results Date: Wed, 4 Jan 2006 08:57:55 -0800 Message-ID:<666F4D4140454248B02AB379FB834AB55A965F@JAMAIL.Iacsd.org> X -MS -Has -Attach: X-MS-TNEF-Correlator: Thread -Topic: Final Soil Chemical Results Thread -Index: AcYQyzsdrytOm/gBTGKdZzrAHni4GQAgHfDA From: "Rothbart, David" <DRothbart@lacsd.org> To: "Steven Kolthoff" <stevek@groupdelta.com> Cc: <boltonengcorp@cs.com>, "Craig Nealis" <Cityofrh@aol.com>, "Ferrante, Robert" <RFerrante@lacsd.org>, "Laden, Ethan <eladen@lacsd.org>, "Bauerlein, Bob" <BBauerlein@Iacsd.org>, "Kuo, Kai" <KKuo@Iacsd.org> X-AOL-IP: 64.18.3.203 X-AOL-SCOLL-SCORE: 0:2:481652476:11811160 X-AOL-SCOLL-URL COUNT: 0 1/5/06 America. Online : Cityofrh Page 2 DELTA F'.:c�^; rtt 2rlrLi; G oin. -v Ma:Ze" :i:3 Tcs?it Ins Dection Fonmsic January 3, 2006 (revised) City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Subject: Mr. Nealis: Craig Nealis, City Manger Chemical Test Results Poppy Trail #1 Guest House Poppy Trail Landslide Rolling Hills, California Attached are the final chemical results from Advanced Technology Laboratories and sample location map by Group Delta Consultants for the Poppy Trail #1 Landslide winterization back cut excavation. The excavated soil is proposed to be transported to the Palos Verdes Landfill for routine cover soil maintenance activities. The samples were collected then brought to the laboratory for testing on December 22, 2005. This letter and report is being forward to David Rothbart, P.E., Supervising Engineer for the Los Angeles County Sanitation District for review and acceptance of the test results for soil disposal into the Palos Verdes Landfill. Any questions, please give us a call. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Associate Geologist 2291 W. 2051 Street, Suite 105 a Torrance. CA 90501-1459 v Tel (3101 320-5100 v Fax (3101 320-2 118 Lliso Viejov (949) 609-102(1 vw.wrinoxntiA it .eonla San Diego (j_>.8) 52.4-1500 18"X18• IN��O l ?OPERTY LINE : --. -::. ,o Fcc 44#6 AiPAS0A, FILL CRAB CQMPAC WITH. 2- L RACE - SA Advanced Technoloav Laboratories Date: 30 -Dec -05 CLIENT: Group Delta Consultants, Inc. Project:. Poppy Trail Landslide, L-599 D2 Lab Order: 080857 CASE NARRATIVE The samples for Asbestos-PLM analysis were subcontracted to AmeriSci Los Angeles with ELAP Cert.# 2322. Page 1 of 1 2 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Group Delta Consultants, Inc. Lab Order: 080857 Project: Poppy Trail Landslide, L-599 D2 Lab ID: 080857-001A Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:00:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A QC Batch: R05VS155 1,1,1,2-Tetrachloroethane ND 8.3 1,1,1-Trichloroethane ND 1,1,2,2-Tetrachloroethane ND 1,1,2-Trichloroethane ND 1,1-Dichloroethane ND 1,1-Dichloroethene ND 1,1-Dichloropropene ND 1,2,3-Trichlorobenzene ND 1,2,3-Trichloropropane ND 1,2,4-Trichlorobenzene ND 1,2,4-Trimethylbenzene ND 1,2-Dibromo-3-chloropropane ND 1,2-Dibromoethane ND 1,2-Dichlorobenzene ND 1,2-Dichloroethane ND 1,2-Dichloropropane ND 1,3,5-Trimethylbenzene ND 1,3-Dichlorobenzene ND 1,3-Dichloropropane ND 1,4-Dichlorobenzene ND 2,2-Dichloropropane ND 2-Chlorotoluene ND 4-Chlorotoluene ND 4-Isopropyltoluene ND Benzene ND Bromobenzene ND Bromodichloromethane ND Bromoform ND Bromomethane ND Carbon tetrachloride ND Chlorobenzene ND Chloroethane ND Chloroform ND Chloromethane ND cis-1,2-Dichloroethene ND cis-1,3-Dichloropropene ND EPA 8260B PrepDate: 12/24/2005 Analyst: EA pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1. 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 17 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg - 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 8.3 pg/Kg 1 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wetunless otherwise specified 3 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-OO1A Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:00:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A QC Batch: Dibromochloromethane Dibromomethane Dichlorodifluoromethane Etylbenzene Hexachlorobutadiene lsopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride R05VS155 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 17 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 ND 8.3 EPA 8260B PrepDate: 12/24/2005 Analyst: EA pg/Kg pg/Kg pglKg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pglKg pglKg pg/Kg pg/Kg 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 4 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-001D Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:05:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed ICP METALS RunID: ICP6_051228B Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc HYDROCARBON CHAIN IDENTIFICATION (LUFT) (EPA 3050B) QC Batch: 25983 RunID: GC7_BACK 051227A QC Batch: T/R Hydrocarbons: C10 -C12 T/R Hydrocarbons: C13 -C15 T/R Hydrocarbons: C16 -C22 T/R Hydrocarbons: C23 -C32 T/R Hydrocarbons:>C32 HYDROCARBON CHAIN IDENTIFICATION ND 2.0 1100 ND 2.9 40 9.3 37 4.2 9.8 43 ND ND ND 72 62 2.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 25989 ND 10 ND 10 ND 10 ND 10 ND 10 RunID: GC2_051222B QC Batch: E05VS342 T/R Hydrocarbons: C5 -C12 ND PCB BY GC/ECD RunID: GC4_051228A (EPA 3550B) QC Batch: 26006 EPA 6010B mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg PrepDate: 12/27/2005 Analyst: RQ 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 EPA 8015B(M) PrepDate: 12/27/2005 Analyst: CBR mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg 1 1 1 1 1 EPA 8015B PrepDate: 1.0 mg/Kg 1 EPA 8082 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Analyst: TT 12/23/2005 PrepDate: 12/28/2005 Analyst: CPC Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H -Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 5 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-001D Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:05:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed PCB BY GC/ECD (EPA 3550B) RunID: GC4_051228A QC Batch: 26006 Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Aroclor 1262 Aroclor 1268 ND 16 ND 33 ND 16 ND 16 ND 16 ND 16 ND 16 ND 16 ND 16 MERCURY BY COLD VAPOR TECHNIQUE (EPA 7471) RunID: AA5_051228A QC Batch: 25988 Mercury ND SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4-Dichlorophenol 2,4-Dimethylphenol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene 2-Chloronaphthalene 2-Chlorophenol 2-Methylnaphthalene 2-Methylphenol 2-Nitroaniline 2-Nitrophenol ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 0.10 330 330 330 330 330 330 1600 330 1600 330 330 330 330 330 330 1600 330 EPA 8082 PrepDate: pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg EPA 7471A PrepDate: mg/Kg EPA 8270C PrepDate: pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg Ng/Kg Ng/K9 pg/Kg pg/Kg 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12/28/2005 Analyst: CPC 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/27/2005 Analyst: NS 12/28/2005 12/27/2005 Analyst: EES 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out Results are wet unless otherwise specified S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits 6 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-OO1D Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:05:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 3,3"-Dichlorobenzidine 3-Nitroaniline 4,6-Dinitro-2-methylphenol 4-Bromophenyl-phenylether 4-Chloro-3-methylphenol 4-Chloroaniline 4-Chlorophenyl-phenylether 4-Methylphenol 4-Nitroaniline 4-Nitrophenol Acenaphthene Acenaphthylene Anthracene Benzidine (M) Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(g,h,i)perylene Benzo(k)fluoranthene Benzoic acid Benzyl alcohol Bis(2-chloroethoxy)methane Bis(2-chloroethyl)ether Bis(2-chloroisopropyl)ether Bis(2-ethylhexyl)phthalate Butylbenzylphthalate Chrysene Di-n-butylphthalate Di-n-octylphthalate Dibenz(a,h)anthracene Dibenzofuran Diethylphthalate Dimethylphthalate Fluoranthene Fluorene Hexachlorobenzene ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 660 1600. 1600 330. 660 660 330 330 1600 1600 330 330 330 1600 330 330 330 330 330 1600 660 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 EPA 8270C PrepDate: 12/27/2005 Analyst: EES pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 7 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-OO1D Client Sample ID: PTS-1/Poppy Trail #1 Collection Date: 12/21/2005 11:05:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone N-Nitrosodi-n-propylamine N-Nitrosodiphenylamine Naphthalene Nitrobenzene Pentachlorophenol Phenanthrene Phenol Pyrene ND ND ND ND ND ND ND ND ND ND ND ND ND 660 660 330 330 330 330 330 330 330 1600 330 330 330 EPA 8270C pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg PrepDate: 1 1. 1 1 12/27/2005 Analyst: EES 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 8of39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002A Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:08:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A QC Batch: R05VS155 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Chlorotoluene 4-Chlorotoluene 4-Isopropyltoluene Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethene cis-1,3-Dichloropropene ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 10 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 EPA 8260B pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg, pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg PrepDate: 12/24/2005 Analyst: EA 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 9 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002A Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:08:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A QC Batch: R05VS155 Dibromochloromethane Dibromomethane Dichlorodifluoromethane Ethylbenzene Hexachlorobutadiene Isopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 5.1 5.1 5.1 5.1 5.1 5.1 10 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 5.1 EPA 8260B PrepDate: 12/24/2005 Analyst: EA pglKg pg/Kg pg/Kg pglKg pg/Kg pg/Kg pglKg pglKg pglKg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pglKg pglKg pglKg pg/Kg pg/Kg pg/Kg 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 10 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002D Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:15:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050B) RunID: ICP6_051228B QC Batch: 25983 Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc EPA 6010B PrepDate: 12/27/2005 Analyst: RQ ND 2.0 mg/Kg 1 ND 1.0 mg/Kg 1 1000 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 1.2 1.0 mg/Kg 1 39 1.0 mg/Kg 1 25 1.0 mg/Kg 1 37 2.0 mg/Kg 1 6.1 1.0 mg/Kg 1 6.3 1.0 mg/Kg 1 35 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 69 1.0 mg/Kg 1 57 1.0 mg/Kg 1 HYDROCARBON CHAIN IDENTIFICATION (LOFT) RunID: GC7_BACK_051227A QC Batch: 25989 T/R Hydrocarbons: C10 -C12 ND 10 T/R Hydrocarbons: C13 -C15 ND 10 T/R Hydrocarbons: C16 -C22 ND 10 T/R Hydrocarbons: C23 -C32 ND 10 T/R Hydrocarbons:>C32 ND 10 HYDROCARBON CHAIN IDENTIFICATION RunID: GC2_051222B QC Batch: E05VS342 T/R Hydrocarbons: C5 -C12 ND 1.0 PCB BY GC/ECD RunID: GC4_051228A (EPA 3550B) QC Batch: 26006 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 EPA 8015B(M) PrepDate: 12/27/2005 Analyst: CBR mg/Kg 1 12/28/2005 mg/Kg 1 12/28/2005 mg/Kg 1 12/28/2005 mg/Kg 1 12/28/2005 mg/Kg 1 12/28/2005 EPA 8015B PrepDate: mg/Kg EPA 8082 1 Analyst: TT 12/23/2005 PrepDate: 12/28/2005 Analyst: CPC Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 11 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002D Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:15:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed PCB BY GC/ECD RunID: GC4_051228A Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Aroclor 1262 Aroclor 1268 (EPA 3550B) QC Batch: 26006 MERCURY BY COLD VAPOR TECHNIQUE RunID: AA5_051228A Mercury (EPA 7471) EPA 8082 PrepDate: 12/28/2005 Analyst: CPC ND 16 pg/Kg 1 ND 33 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 ND 16 pg/Kg 1 EPA 7471A QC Batch: 25988 PrepDate: ND 0.10 mg/Kg 1 SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4-Dichlorophenol 2,4-Dimethylphenol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene 2-Chloronaphthalene 2-Chlorophenol 2-Methylnaphthalene 2-Methylphenol 2-Nitroaniline 2-Nitrophenol ND ND ND ND ND, ND ND ND ND ND ND ND ND ND ND ND ND 330 330 330 330 330 330 1600 330 1600 330 330 330 330 330 330 1600 330 EPA 8270C 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/27/2005 Analyst: NS 12/28/2005 PrepDate: 12/27/2005 Analyst: EES pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out Results are wet unless otherwise specified S - Spike/Surrogate outside of limits due to matrix interferen 11- Sample exceeded analytical holding time E Value above quantitation range R - RPD outside acceptable recovery limits 12 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002D Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:15:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 3,3 "-Dichlorobenzidine 3-Nitroaniline 4,6-Dinitro-2-methylphenol 4-Bromophenyl-phenylether 4-Chloro-3-methylphenol 4-Chloroaniline 4-Chlorophenyl-phenylether 4-Methylphenol 4-Nitroaniline 4-Nitrophenol Acenaphthene Acenaphthylene Anthracene Benzidine (M) Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(g,h,i)perylene Benzo(k)fluoranthene Benzoic acid Benzyl alcohol Bis(2-chloroethoxy)methane Bis(2-chloroethyl)ether Bis(2-chloroisopropyl)ether Bis(2-ethylhexyl)phthalate Butylbenzylphthalate Chrysene Di-n-butylphthalate Di-n-octylphthalate Dibenz(a,h)anthracene Dibenzofuran Diethylphthalate Dimethylphthalate Fluoranthene Fluorene Hexachlorobenzene ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND. ND ND ND ND ND ND ND ND ND ND ND ND ND 660 1600 1600 330 660 660 330 330 1600 1600 330 330 330 1600 330 330 330 330 330 1600 660 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 EPA 8270C pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg PrepDate: 12/27/2005 Analyst: EES 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 1 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 13 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-002D Client Sample ID: PTS-2/Poppy Trail #1 Collection Date: 12/21/2005 11:15:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone N-Nitrosodi-n-propylamine N-Nitrosodiphenylamine Naphthalene Nitrobenzene Pentachlorophenol Phenanthrene Phenol Pyrene ND ND ND ND ND ND ND ND ND ND ND ND ND 660 660 330 330 330 330 330 330 330 1600 330 330 330 EPA 8270C PrepDate: 12/27/2005 Analyst: EES Ng/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 pg/Kg 1 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 14 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-003A Client Sample ID: PTS-3/Poppy Trail #1 Collection Date: 12/21/2005 11:24:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Chlorotoluene 4-Chlorotoluene 4-Isopropyltoluene Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethene cis-1,3-Dichloropropene QC Batch: R05VS155 ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND EPA 8260B PrepDate: 12/24/2005 Analyst: EA 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 11 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 5.5 pg/Kg 1 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range DO - Surrogate Diluted Out R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 15 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab. ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-003A Client Sample ID: PTS-3/Poppy Trail #1 Collection Date: 12/21/2005 11:24:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051224A QC Batch: Dibromochloromethane Dibromomethane Dichlorodifluoromethane Ethylbenzene' Hexachlorobutadiene Isopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride EPA 8260B R05VS155 PrepDate: ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 11 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 ND 5.5 pg/Kg 1 12/24/2005 Analyst: EA 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 12/24/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 16 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004A Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 12:38:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051226B QC Batch: R05VS157 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Chlorotoluene 4-Chlorotoluene 4-Isopropyltoluene Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride. Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethane cis-1,3-Dichloropropene ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 14 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND 7.1 ND - 7.1 ND 7.1 EPA 8260B pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg PrepDate: 12/24/2005 Analyst: EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -1 1 1 1 1 1 1 1 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 17 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004A Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 12:38:00 AM Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed VOLATILE ORGANIC COMPOUNDS BY GC/MS RunID: MS3_051226B QC Batch: R05VS157 Dibromochloromethane Dibromomethane Dichlorodifluoromethane Ethylbenzene Hexachlorobutadiene Isopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND. ND ND ND ND ND ND EPA 8260B PrepDate: 12/24/2005 Analyst: EA 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 14 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 7.1 pg/Kg 1 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 12/26/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 18 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004D Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050B) RunID: ICP6_051228B QC Batch: 25983 Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc HYDROCARBON CHAIN IDENTIFICATION (LOFT) RunID: GC7_BACK 051227A QC Batch: T/R Hydrocarbons: C10 -C12 T/R Hydrocarbons: C13 -C15 T/R Hydrocarbons: C16 -C22 T/R Hydrocarbons: C23 -C32 T/R Hydrocarbons:>C32 HYDROCARBON CHAIN IDENTIFICATION EPA 6010B PrepDate: 12/27/2005 Analyst: RQ ND 2.0 mg/Kg 1 1.9 1.0 mg/Kg 1 1100 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 3.8 1.0 mg/Kg 1 40 1.0 mg/Kg 1 12 1.0 mg/Kg 1 36 2.0 mg/Kg 1 5.2 1.0 mg/Kg 1 9.5 1.0 mg/Kg 1 52 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 ND 1.0 mg/Kg 1 77 1.0 mg/Kg 1 67 1.0 mg/Kg 1 ND ND ND. 91 98 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 EPA 8015B(M) 25989 PrepDate: 12/27/2005 Analyst: CBR 10 10 10 10 10 RunID: GC2 0512228 QC Batch: E05VS342 T/R Hydrocarbons: C5 -C12 ND 1.0 PCB BY GC/ECD (EPA 3550B) RunID: GC4_051228A QC Batch: 26006 mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg 1 1 1 1 1 EPA 8015B PrepDate: mg/Kg 1 EPA 8082 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Analyst: TT 12/23/2005 PrepDate: 12/28/2005 Analyst: CPC Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptablerecovery limits Results are wet unless otherwise specified 19 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004D Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed PCB BY GCIECD (EPA 3550B) RunID: GC4_051228A QC Batch: 26006 Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Aroclor 1262 Aroclor 1268 ND ND ND ND ND ND ND ND ND EPA 8082 PrepDate: 12/28/2005 Analyst: CPC 16 pg/Kg 1 33 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 16 pg/Kg 1 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 MERCURY BY COLD VAPOR TECHNIQUE (EPA 7471) EPA 7471A RunID: AA5_051228A QC Batch: 25988 PrepDate: 12/27/2005 Analyst: NS Mercury ND 0.10 mg/Kg 1 12/28/2005 SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4-Dichlorophenol 2,4-Dimethylphenol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene 2-Chloronaphthalene 2-Chlorophenol 2-Methylnaphthalene 2-Methylphenol 2-Nitroaniline 2-Nitrophenol QC Batch: 25997 ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 3300 3300 3300 3300 3300 3300 16000 3300 16000 3300 3300 3300 3300 3300 3300 16000 3300 EPA 8270C pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg Ng/Kg. pg/Kg pg/Kg pg/Kg PrepDate: 12/27/2005 Analyst: EES 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 20 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004D Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 3,3"-Dichlorobenzidine 3-Nitroaniline 4,6-Dinitro-2-methylphenol 4-Bromophenyl-phenylether 4 -Ch loro-3-methyl phenol 4-Chloroaniline 4-Chlorophenyl-phenylether 4-Methylphenol 4-Nitroaniline 4-Nitrophenol Acenaphthene Acenaphthylene Anthracene Benzidine (M) Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(g,h,i)perylene Benzo(k)fluoranthene Benzoic acid Benzyl alcohol Bis(2-chloroethoxy)methane Bis(2-chloroethyl)ether Bis(2-chloroisopropyl)ether Bis(2-ethylhexyl)phthalate Butylbenzylphthalate Chrysene Di-n-butylphthalate Di-n-octylphthalate Dibenz(a,h)anthracene Dibenzofuran Diethylphthalate Dimethylphthalate Fluoranthene Fluorene Hexachlorobenzene ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 6600 16000 16000 3300 6600 6600 3300 3300 16000 16000 3300 3300 3300 16000 3300 3300 3300 3300 3300 16000 6600 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 3300 EPA 8270C pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg pg/Kg PrepDate: 12/27/2005 Analyst: EES 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005. 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 21of39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Lab Order: Project: Lab ID: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 080857-004D Client Sample ID: PTS-4/Poppy Trail #1 Collection Date: 12/21/2005 Matrix: SOIL Analyte Result PQL Qual Units DF Date Analyzed SEMIVOLATILE ORGANIC COMPOUNDS BY GC/MS (EPA 3550B) RunID: MS7_051227A QC Batch: 25997 Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene lsophorone N-Nitrosodi-n-propylamine N-Nitrosodiphenylamine Naphthalene Nitrobenzene Pentachlorophenol Phenanthrene Phenol Pyrene EPA 8270C PrepDate: 12/27/2005 Analyst: EES ND 6600 pg/Kg 10 ND 6600 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 16000 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 ND 3300 pg/Kg 10 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interferen H - Sample exceeded analytical holding time E - Value above quantitation range R - RPD outside acceptable recovery limits Results are wet unless otherwise specified 22 of 39 Advanced Technology Laboratories Date: 30 -Dec -05 CLIENT: Work Order: Project: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 6010_S Sample ID: MB -25983 Client ID: ZZZZZ Analyte SampType: MBLK Batch ID: 25983 Result TestCode: 6010_S Units: mg/Kg TestNo: EPA 6010B (EPA 3050B) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: 1CP6_051228B SeqNo: 849957 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 2.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 Sample ID: LCS-25983 Client ID: 77777 Analyte SampType: LCS Batch ID: 25983 Result TestCode: 6010_S Units: mg/Kg TestNo: EPA 6010B (EPA 3050B) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: ICP6051228B SeqNo: 849958 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper 47.78 46.67 50.28 46.84 48.17 49.73 46.91 50.39 2.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 50 50 50 50 50 50 50 50 0 0 0 0 0. 0 0 95.6 93.3 101 93.7 96.3 99.5 93.8 101 80 80 80 80 80 80 80 80 120 120 120 120 120 120 120 120 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 1 of 17 23 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 6010_S Sample ID: LCS-25983 Client ID: ZZZZZ Analyte SampType: LCS Batch ID: 25983 TestCode: 6010_S Units: mg/Kg Prep Date: 12/27/2005 TestNo: EPA 6010B (EPA 3050B) Analysis Date: 12/28/2005 Run ID: ICP6_051228B SeqNo: 849958 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc 48.4 49.68 47.09 45.29 48.63 47.73 49.85 46.48 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 50 50 50 50 50 50 50 50 0 0 0 0 0 0 0 0 96.8 99.4 94.2 90.6 97.3 95.5 99.7 93 80 80 80 80 80 80 80 80 120 120 120 120 120 120 120 120 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sample ID: 080858-027AMS Client ID: 77777 Analyte SampType: MS Batch ID: 25983 TestCode: 6010_S Units: mg/Kg TestNo: EPA 6010B (EPA 30508) Prep Date: 12/27/2005 Run ID: ICP6_051228B Analysis Date: 12/28/2005 SeqNo: 849967 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc 60.13 106.3 244 97 101.5 144.4 109 145 99.64 98.21 129.9 93.6 76.59 90.05 176.2 160.1 2.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 0 10.77 164.6 0 1.316 49.69 13.26 42.41 6.622 2.016 38.92 0 0 0 80.7 77.08 48.1 76.4 63.6 77.6 80.1 75.8 76.6 82.1 74.4 77 72.8 74.9 61.3 72 76.4 66.4 23 64 36 50 62 63 63 58 47 63 57 47 48 49 65 36 118 111 146 120 107 119 111 136 125 116 116 118 125 116 122 140 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 2 of 17 24 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 6010_S Sample ID: 080858-027AMSD Client ID: ZZZZZ SampType: MSD Batch ID: 25983 TestCode: 6010_S Units: mg/Kg TestNo: EPA 6010B (EPA 3050B) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: ICP6_051228B SeqNo: 849968 Analyte Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc 53.99 101.4 244.6 92.43 97.17 141.8 104.7 141.7 95.12 93.52 126 88.71 73.32 86.26 174.2 156.4 2.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 0 10.77 164.6 0 1.316 49.69 13.26 42.41 6.622 2.016 38.92 43.2 72.5 64 73.9 76.7 73.7 73.2 79.5 70.8 73.2 69.7 0 71 0 58.7 0 69 80.7 74.8 77.08 63.4 23 64 36 50 62 63 63 58 47 63 57 47 48 49 65 36 118 111 146 120 107 119 111 136 125 116 116 118 125 116 122 140 60.13. 106.3 244 97 101.5 144.4 109 145 99.64 98.21 129.9 93.6 76.59 90.05 176.2 160.1 10.8 4.74 0.221 4.82 4.34 1.87 4.02 2.26 4.65 4.90 3.04 5.37 4.37 4.31 1.13 2.37 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 3 of 17 25 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 7471_S Sample ID: MB -25988 Client ID: 77777 Analyte SampType: MBLK Batch ID: 25988 Result TestCode: 7471_S Units: mg/Kg Prep Date: 12/27/2005 TestNo: EPA7471A (EPA7471) Analysis Date: 12/28/2005 Run ID: AA5_051228A SeqNo: 849799 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Mercury ND 0.10 Sample ID: LCS-25988 Client ID: 77777 Analyte SampType: LCS Batch ID: 25988 TestCode: 7471_S Units: mg/Kg TestNo: EPA7471A (EPA 7471) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: AA5_051228A SeqNo: 849798 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Mercury 2.21 0.10 2.08 106 80 120 0 0 Sample ID: 080858-027AMS Client ID: 77777 Analyte SampType: MS Batch ID: 25988 Result TestCode: 7471_S Units: mg/Kg Prep Date: 12/27/2005 TestNo: EPA7471A (EPA 7471) Analysis Date: 12/28/2005 Run ID: AA5_051228A SeqNo: 849794 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Mercury 0.9301 0.10 0.83 0.01874 110 62 146 0 0 Sample ID: 080858-027AMSD Client ID: ZZZZZ Analyte SampType: MSD Batch ID: 25988 Result TestCode: 7471_S Units: mg/Kg TestNo: EPA 7471A (EPA 7471) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: AA5_051228A SeqNo: 849795 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Mercury 0.9141 0.10 0.83 0.01874 108 62 146 0.9301 1.74 30 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H Sample exceeded holding time Page 4 of 17 26 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8082_S Sample ID: MB -26006 Client ID: 77777 SampType: MBLK Batch ID: 26006 TestCode: 8082_S Units: pg/Kg TestNo: EPA 8082 (EPA 3550B) Prep Date: 12/28/2005 Analysis Date: 12/28/2005 Run ID: GC4_051228A SeqNo: 850219 Analyte Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Aroclor 1262 Aroclor 1268 ND ND ND ND ND ND ND ND ND 16 33 16 16 16 16 16 16 16 Sample ID: LCS-26006 Client ID: 77777 Analyte SampType: LCS Batch ID: 26006 Result TestCode: 8082_S Units: pg/Kg TestNo: EPA 8082 (EPA 3550B) Prep Date: 12/28/2005 Analysis Date: 12/28/2005 Run ID: GC4_051228A SeqNo: 850220 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Aroclor 1016 Aroclor 1260 153.5 151.8 16 16 166.6 166.6 0 0 92.1 91.1 67 76 120 127 0 0 0 0 Sample ID: 080857-001DMSA SampType: MS Client ID: PTS-1/Poppy Trail # Batch ID: 26006 Analyte Result TestCode: 8082_S Units: pg/Kg TestNo: EPA 8082 (EPA 3550B) Prep Date: 12/28/2005 Analysis Date: 12/28/2005 Run ID: GC4_051228A SeqNo: 850921 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Aroclor 1016 Aroclor 1260 167.8 161.4 16 16 166.6 166.6 101 96.9 71 72 123 122 0 0 Sample ID: 080857-001DMSDA SampType: MSD Client ID: PTS-1/Poppy Trail # Batch ID: 26006 Analyte TestCode: 8082_S Units: pglKg Prep Date: 12/28/2005 TestNo: EPA 8082 (EPA 3550B) Analysis Date: 12/28/2005 Run ID: GC4_051228A SeqNo: 850922 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Aroclor 1016 Aroclor 1260 165.3 166.8 16 16 166.6 166.6 0 0 99.2 100 71 123 72 122 167.8 161.4 1.51 3.29 30 30 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 5 of 17 27 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8260_S_5035 Sample ID: R051224MB2 Client ID: ZZZZZ Analyte SampType: MBLK TestCode: 8260_S_5035 Units: ttglKg Prep Date: Batch ID: R05VS155 TestNo: EPA 8260B Analysis Date: 12/24/2005 Run ID: MS3_051224A SeqNo: 848868 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1, 3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Chlorotoluene 4-Chlorotoluene 4-Isopropyltoluene Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 10 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 6 of 17 28 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8260_S_5035 Sample ID: R051224MB2 SampType: MBLK TestCode: 8260_S_5035 Units: pglKg Prep Date: Run ID: MS3_051224A Client ID: ZZZZZ Batch ID: R05VS155 TestNo: EPA 8260B Analysis Date: 12/24/2005 SegNo: 848868 Analyte . Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethene cis-1,3-Dichloropropene Dibromochloromethane Dibromomethane Dichlorodifluoromethane Ethylbenzene Hexachlorobutadiene Isopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND. 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 10 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H Sample exceeded holding time Page 7 of 17 29 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8260_S_5035 Sample ID: R051226MB2 Client ID: 77777 SampType: MBLK Batch ID: R05VS157 TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 8260B Prep Date: Analysis Date: 12/26/2005 Run ID: MS3_051226B SeqNo: 849084 Analyte Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Chlorotoluene 4-Chlorotoluene 4-Isopropyltoluene Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND' ND ND ND ND ND ND ND ND ND ND ND ND 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 10 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 8 of 17 30 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8260_S_5035 Sample ID: R051226MB2 Client ID: ZZZZZ Analyte SampType: MBLK Batch ID: R05VS157 TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 8260B Prep Date: Analysis Date: 12/26/2005 Run ID: MS3_051226B SeqNo: 849084 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethene cis-1,3-Dichloropropene Dibromochloromethane Dibromomethane Dichlorodifluoromethane Ethylbenzene Hexachlorobutadiene Isopropylbenzene m,p-Xylene Methylene chloride n-Butylbenzene n-Propylbenzene Naphthalene o-Xylene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene Trichloroethene Trichlorofluoromethane Vinyl chloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 10 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Qualifiers: ND - Not Detected at the Reporting Limit J Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 9 of 17 31 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode:. 8260_S_5035 Sample ID: R051224LC1 Client ID: 77777 Analyte SampType: LCS TestCode: 8260_S_5035 Units: pg/Kg Prep Date: Run ID: MS3_051224A Batch ID: R05VS155 TestNo: EPA 8260B Analysis Date: 12/24/2005 SeqNo: 848865 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 125 101.3 113.2 98.45 109.9 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 125 101 113 98.4 110 70 80 88 84 83 119 121 129 126 129 0 0 0 0 0 0 0 0 0 S Sample ID: R051226LC1 Client ID• 77777 Analyte SampType: LCS Batch ID: R05VS157 TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 8260B Prep Date: Analysis Date: 12/26/2005 Run ID: MS3_051226B SeqNo: 849081 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 108.4 112.4 110.1 115 111.2 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 108 112 110 115 111 70 80 88 84 83 119 121 129 126 129 0 0 0 0 0 0 0 0 0 0 Sample ID: R051224MB2MS Client ID: ZZZZZ Analyte SampType: MS TestCode: 8260_S_5035 Units: pglKg Prep Date: Run ID: MS3_051224A Batch ID: R05VS155 TestNo: EPA 8260B Analysis Date: 12/24/2005 SeqNo: 848866 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 116.7 100.2 108.4 96.85 107.7 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 117 100 108 96.8 108 52 52 48 54 44 135 143 154 146 169 0 0 0 0 0 0 0 0 0 0 Sample ID: R051226MB2MS Client ID: 77777 Analyte SampType: MS Batch ID: R05VS157 Result TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 8260B Prep Date: Analysis Date: 12/26/2005 Run ID: MS3_051226B SeqNo: 849082 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 10of17 32 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8260_S_5035 Sample ID: R051226MB2MS Client ID: 77777 Analyte SampType: MS Batch ID: R05VS157 Result TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 8260B Prep Date: Analysis Date: 12/26/2005 Run ID: MS3 0512266 SeqNo: 849082 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 117.8 124.5 119 125.9 121.1 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 118 124 119 126 121 52 52 48 54 44 135 143 154 146 169 0 0 0 0 0 0 0 0 0 Sample ID: R051224MB2MSD Client ID• 77777 Analyte SampType: MSD Batch ID: R05VS155 TestCode: 8260_S_5035 Units: pg/Kg TestNo: EPA 82606 Prep Date: Analysis Date: 12/24/2005 Run ID: MS3_051224A SeqNo: 848867 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 116.1 99.31 106.1 94.84 107.3 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 116 99.3 106 94.8 107 52 52 48 54 44 135 143 154 146 169 116.7 100.2 108.4 96.85 107.7 0.550 0.922 2.20 2.10 0.437 30 30 30 30 30 Sample ID: R051226MB2MSD SampType: MSD Client ID: 77777 Batch ID: R05VS157 Analyte Result TestCode: 8260_5_5035 Units: pg/Kg Prep Date: TestNo: EPA 8260B Analysis Date: 12/26/2005 Run ID: MS3_0512266 SeqNo: 849083 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,1-Dichloroethene Benzene Chlorobenzene Toluene Trichloroethene 111.3 113.5 110.4 113.6 110.2 5.0 5.0 5.0 5.0 5.0 100 100 100 100 100 0 0 0 0 0 52 52 48 54 44 135 143 154 146 169 117.8 124.5 119 125.9 121.1 5.61 9.19 7.50 10.3 9.41 30 30 30 30 30 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 11 of 17 33 of 39 CLIENT: Work Order: Project: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8270 S FULL Sample ID: MB -25997 Client ID: 77777 Analyte SampType: MBLK Batch ID: 25997 Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850452 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4-Dichlorophenol 2,4-Dimethylphenol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene 2-Chloronaphthalene 2-Chlorophenol 2-Methylnaphthalene 2-Methylphenol 2-Nitroaniline 2-Nitrophenol 3,3'-Dichlorobenzidine 3-Nitroaniline 4,6-Dinitro-2-methylphenol 4-Bromophenyl-phenylether 4-Chloro-3-methylphenol 4-Chloroaniline 4-Chlorophenyl-phenylether 4-Methylphenol 4-Nitroaniline 4-Nitrophenol Acenaphthene Acenaphthylene Anthracene ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND' ND ND ND ND ND ND ND ND ND ND ND ND 330 330 330 330 330 330 1600 330 1600 330 330 330 330 330 330 1600 330 660 1600 1600 330 660 660 330 330 1600 1600 330 330 330 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 12 of 17 34 of 39 CLIENT: Work Order: Project: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8270_S_FULL Sample ID: MB -25997 Client ID: ZZZZZ SampType: MBLK Batch ID: 25997 Analyte Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850452 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Benzidine (M) Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(g,h,i)perylene Benzo(k)fluoranthene Benzoic acid Benzyl alcohol Bis(2-chloroethoxy)methane Bis(2-chloroethyl)ether Bis(2-chloroisopropyl)ether Bis(2-ethylhexyl)phthalate Butylbenzylphthalate Chrysene Di-n-butylphthalate Di-n-octylphthalate Dibenz(a,h)anthracene Dibenzofuran Diethyiphthalate Dimethylphthalate Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone N -N itrosod i-n-propyla mi ne N-Nitrosodiphenylamine ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 1600 330 330 330 330 330 1600 660 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 660 660 330 330 330 330 330 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 13 of 17 35 of 39 CLIENT: Work Order: Project: Group Delta Consultants, Inc. 080857 Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8270 S FULL Sample ID: MB -25997 Client ID: ZZZZZ Analyte SampType: MBLK Batch ID: 25997 Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) PQL SPK value SPK Ref Val Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850452 %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Naphthalene Nitrobenzene Pentachlorophenol Phenanthrene Phenol Pyrene ND ND ND ND ND ND 330 330 1600 330 330 330 Sample ID: LCS-25997 Client ID: 77777 SampType: LCS Batch ID: 25997 Analyte Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) PQL SPK value SPK Ref Val Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850453 %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,2,4-Trichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 2-Chlorophenol 4-Chloro-3-methylphenol 4-Nitrophenol Acenaphthene N-Nitrosodi-n-propylamine Pentachlorophenol Phenol Pyrene 2640 2473 3230 2809 3181 3260 2924 3012 3198 2893 3054 330 330 330 330 660 1600 330 330 1600 330 330 3330 3330 3330 3330 3330 3330 3330 3330 3330 3330 3330 0 0 0 0 0 0 0 0 0 0 0 79.3 74.3 97 84.3 95.5 97.9 87.8 90.4 96 86.9 91.7 61 57 65 62 73 69 60 64 70 67 64 99 89 129 106 121 142 108 106 136 114 109 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sample ID: 080858-027AMS Client ID: ZZZZZ SampType: MS Batch ID: 25997 Analyte Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) PQL SPK value SPK Ref Val Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850454 %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1, 2,4-Trichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 2714 2453 3115 330 330 330 3330 3330 3330 0 0 0 81.5 73.7 93.5 54 50 55 99 90 130 0 0 0 0 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 14 of 17 36 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: 8270_S_FULL Sample ID: 080858-027AMS Client ID: 77777 Analyte SampType: MS Batch ID: 25997 Result TestCode: 8270_S_FUL Units: pglKg TestNo: EPA 8270C (EPA 3550B) Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: MS7_051227A SeqNo: 850454 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 2-Chlorophenol 4-Chloro-3-methylphenol 4-Nitrophenol Acenaphthene N-Nitrosodi-n-propylamine Pentachlorophenol Phenol Pyrene 2749 3136 3212 2896 2910 3251 2809 3059 330 660 1600 330 330 1600 330 330 3330 3330 3330 3330 3330 3330 3330 3330 0 82.6 0 94.2 0 96.5 0 87 0 87.4 0 97.6 0 84.4 0 91.9 56 64 64 54 46 64 46 48 106 125 140 109 111 139 116 115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sample ID: 080858-027AMSD Client ID: 77777 Analyte SampType: MSD Batch ID: 25997 Result TestCode: 8270_S_FUL Units: pg/Kg TestNo: EPA 8270C (EPA 3550B) Prep Date: 12/27/2005 Analysis Date: 12/28/2005 Run ID: MS7_051227A SeqNo: 850455 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual 1,2,4-Trichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 2-Chlorophenol 4-Chloro-3-methylphenol 4-Nitrophenol Acenaphthene N-Nitrosodi-n-propylamine Pentachlorophenol Phenol Pyrene 2781 2485 3037 2689 3087 3191 2931 2833 3301 2710 3247 330 330 330 330 660 1600 330 330 1600 330 330 3330 3330 3330 3330 3330 3330 3330 3330 3330 3330 3330 0 0 0 0 0 0 0 0 0 0 83.5 74.6 91.2 80.8 92.7 95.8 88 85.1 99.1 81.4 97.5 54 50 55 56 64 64 54 46 64 46 48 99 90 130 106 125 140 109 111 139 116 115 2714 2453 3115 2749 3136 3212 2896 2910 3251 2809 3059 2.44 1.30 2.54 2.21 1.55 0.656 1.20 2.70 1.54 3.58 5.96 30 30 30 30 30 30 30 30 30 30 30 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 15 of 17 37 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project:. Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: HC S SEMI Sample ID: MB -25989 Client ID: ZZZZZ Analyte SampType: MBLK Batch ID: 25989 Result TestCode: HC_S_SEMI Units: mg/Kg TestNo: EPA 8015B(M (LUFT) Prep Date: 12/27/2005 Analysis Date: 12/27/2005 Run ID: GC7_BACK_051227A SeqNo: 849835 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual T/R Hydrocarbons: C10 -C12 T/R Hydrocarbons: C13 -C15 T/R Hydrocarbons: C16 -C22 T/R Hydrocarbons: C23 -C32 T/R Hydrocarbons:>C32 ND ND ND ND ND 10 10 10 10 10 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank • Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 16of17 38 of 39 CLIENT: Group Delta Consultants, Inc. Work Order: 080857 Project: Poppy Trail Landslide, L-599 D2 ANALYTICAL QC SUMMARY REPORT TestCode: HC. S VOA Sample ID: E122205MB2 Client ID: 77777 Analyte SampType: MBLK Batch ID: E05VS342 TestCode: HC_S_VOA TestNo: EPA 80156 Units: mg/Kg Prep Date: Analysis Date: 12/22/2005 Run ID: GC2_0512226 SeqNo: 848182 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual T/R Hydrocarbons: C5 -C12 ND 1.0 Sample ID: E122205LCS4 Client ID: 77777 Analyte SampType: LCS Batch ID: E05VS342 Result TestCode: HC_S_VOA Units: mg/Kg TestNo: EPA 8015B Prep Date: Analysis Date: 12/22/2005 Run ID: DC2_05122213 SeqNo: 848181 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual T/R Hydrocarbons: C5 -C12 5.02 1.0 5 0 100 79 117 0 Sample ID: E122205MB2MS Client ID* 77777 Analyte SampType: MS Batch ID: E05VS342 Result TestCode: HC_S_VOA Units: mg/Kg TestNo: EPA 80156 Prep Date: Analysis Date: 12/22/2005 Run ID: GC2_051222B SeqNo: 848183 PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual T/R Hydrocarbons: C5 -C12 5.08 1.0 5 0 102 35 134 0 0 Sample ID: E122205MB2MSD SampType: MSD TestCode: HC_S_VOA Units: mg/Kg Client ID: ZZZZZ Batch ID: E05VS342 Analyte TestNo: EPA 8015B Prep Date: Analysis Date: 12/23/2005 Run ID: GC2_051222B SeqNo: 848184 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual T/R Hydrocarbons: C5 -C12 5.004 1.0 5 0 100 35 134 5.08 1.51 30 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank R - RPD outside accepted recovery limits Calculations are based on raw values DO- Surrogate dilute out H - Sample exceeded holding time Page 1.7 of 17 39 of 39 ...i i • • ;i.. c.J .L,1. 1 r .st tat ,341""454 • AMERISCILA PAGE 81185 AMER! SCI AnteriSci Los Angeles 24418 SOUTH MAIN STREET • SUITE 308 CARSON. CA 90745 TEL (310) 834.4868 • FAX: (310) 834-4772 FACSIMILE TELECOPY TRANSMISSION To: Michelle Arada From: David Cr. Baseman Advanced Technology Laboratories AmeriSci Job #: 905121619 Fax it: (562)9894040 Subject: PLM-BULK QUALTTATIVE 5 day Client Project: Email: Date: Tuesday, Docembcr 27, 2005 Nontber of Pages: Time: 12:41:02 Comments: (inatuding cover sheet) CONFIDENTIALITY NOTICE_ Unless otherwise indicated, the information contained in this >iissimile eo wnunicadon is confidential information intended for use of the individual domed above. if the rcr4ct' of this eomnn r'teation is not the Amended recipient, You are hereby notified that any dissemination. distribution or copyktg of this comtnonicadion is prohibited. lfyou have received this comnhunkation in error. Please ininindiatelY notify the lender by telephone and return the original message to the above address via the US Postal {Servicc at our expense_ Preliminary data reported here will be verified before final most is issued, Samples ate disposed of in 60 days ri union ottharw►si instructed by the protocol or special instructions in writing. Thank you. Certified Analysts Service 24 Hours A Day • 7 Days A Week Competitive Prices visit pup rdrsot -tri meanhaii1e:.cow Boston • Los Angelus • Now York • Richmond J.Zrnti:4UUUD 7.3:17 13108341464 4MERISCILA PAGE 02/05 Aav►ERr SCI Ni.."400F AmerlSci Los Angeles 24418 SOUTH MAIN STREET - SUITE 308 CARSON, CA 90745 TEL: (310) 834-4868 - FAX: (31Q) $34-4772 PLM Bulk Asbestos Report Advanced Technology Laboratories Attn: Rochelle Arada 3275 Walnut Street Signal Hill , CA 00807 Date Received 12/22/05 Date Examined 12127/05 RE Ai eriSci Job No.905121619 P.O. # S000267 Page 1 of 2 Client No. / HGA Lab No. 080857-001 E 905121819-01 Location: PTS-1/Poppy Trail #1 Asbestos Present No Description: Brown, Heterogeneous, Non -Fibrous, Soil Asbestos Types: Other Material: NVA Total % Asbestos NVA i,2 080857-002E 905121619-02 Location: PTS-2/Poppy Trail #1 Description: Brown, Heterogeneous, Non -Fibrous, Soil Asbestos Types: Other Materiel: NVA NVA i� 2 080857-004E 905121619-03 Location: PIS-di/Poppy Trail #1 Description: Brown, Heterogeneous, Non -Fibrous, Sail Asbestos Types: Other Material: NVA No NVA 1, 2 1Lrcrrcrl4V I.s;1/ z 1 ue341464 AMERISCILA PAGE 03/05 AMER! SC/ AmeriSci Los Angeles 24416 EOLITH MAIN STREET • SUITE 308 CARSON, CA 90745 TEL: (310) 834.486E a FAX; 0310) 8a4-4772 PLM Bulk Asbestos Report Advanced Technology Laboratories Attn: Rachelle Arada 3275 Walnut Street Signal Hill , CA 90807 Date Received 12/22/05 Date Examined 12/27/05 RE AmeriSci Job 140,905121619 P.01# SC00267 Page 2 of 2 Reporting Notes: - (1) "Asbestos Present • YES indicates that at least one regulated asbestiform mineral was detected in the, sample even at "trace" amounts_ NO Indicates that no regulated ashestiform mineral was detected in the sample." (2) High variability may be exhibited by dust or sail samples due to wide variations in particle and aggregate size relationships. TEM analysis is recommended for low level or negative PLM samples since only TEM can resolve fiber diameters below 0.25 Analyzed By: David G. Baseman - ,1 ,; Date Analysed: <Date Examlered f 7/Car _ "NAD at no asbestos detected; Detection Limit c1 %; Reporting Limits: CVES =1 %, 400 Pt Ct = 025%, 1000 Pt Ct + 0.1%; "Present" or "NVA 'No Visible Asbestos' are observations made during a quNitative anelysis; NA = not analyzed; NAPS = nol analyzed 1 positive stop; PLM Bulk Asbestos Analysis by EPA 600IM4-82-020 per 40 CFR 783 (NVLAP Lab 4200348-0, CA ELAP lab 42322); Note: PLM is not consistently reliable in detecting asbestos in floor coverings and similar NOB materials. TEM is currently th4 only method that tan be used to determine if this materiel can be considered or treated as non -asbestos -containing in New York State (also see ERA Advisory for floor tile, FR 59, 146.38 7D, 811194). NIST Accreditation requirements mandate that this report must not be reproduced except in full without the approval of the laboratory. This PLM report relates ONLY to the items tested_ Reviewed By: AmeriSci Job #: 9 05121 619 Client Name: Advanced Technology Laboratories Client HG AmeriScl Sample Area Sample# Lomita, 01 080857 -COLE FM-1/Poppy Trait 01 02 060857-002E PTS-21Poppy Trail#1 03 060857-OO W ITS-4./Poppy Trail ill Table I Summary of Bulk Asbestos Analysis Results Page i of Sample Heat Arid Insoluble Weight Sensitive Soluble Non -Asbestos Asbestos by Asbestos by Organic a Inorganic % Inorganic % MLMIDS TEM _._ NVA NA -•- --- _.._ NVA NA NVA NA Roriesred By: ; Analyzed 8y: David Cr. Baseatae,,4 A t` ; Date Analyzed: 1212712005 Qublelive Anafysim Asbestos analysis resnis of "P ssenr or 'NM= No Visible Asbestos" represent remelts for QuirMative PlIkt or TEM Analysis oody(no accreditation eoverageantilabre from say 'regulatory agency for qualitative anelyser); NA =not armband; Warning Note: PLM limitation, only TEM will resoh a fibers <035 nrierosaeters in diameter. Quantitative M rsis (SsrilFulf): Dal Asbestos Arulysir- PLM by EPA 640rMi-62.020 per 40 CFR 763 (NVIAP Lab 0200346-0); iEM (Sewi/Pull) by EPA 600/R-93/1 16 (rr l covered by NVL#P Bulk accreditation) NAD no asbestos detested during a quaatltatise aaalyuR; 1= not ar dyned; Trace = <1%; Quantitatiou for beginning weights of <0.1 grime should be sonsideucd as quaiidine only; Wearing Mule: PLM limitation, anhyTEM relit resolve fibers <0.2S micramelers in diamdri. QACt7. J/7 J7T I N '9i'tbE82 TE1 Advanced Technology Laboratorie J273 Wend Avenue 5ipri FIUt,CA90755-5225 (S62) W -4OI5 skoui rsotor: Mead Los Angeles 24416 Souil Main Street, Std 308 Carson, CA 94745 TEL 1310) 834.4 FAX: (310) 834-4772 CHAINIDF-CUSTODY RECORD {Cievel: RTNE 915191+10' Pap lofI Acct t 22 -Dee -OS — _ Requested Tests - Sample D Matti* CoU4ction Date Dottie Typo AsbPLM ` ---7 I L� —1 Tests 080857-001E V PTS-Woopy Trod l#1 L Sail iLtzilo511 mop poi Z1 PLOD / 1 y 08QB57.002E V P1S-2iPe py Trail#1 L Soli :IT—. 2105 11:15200 Alin ZIPLoCK [ 1 —1--- i I 084857-OO4E V PTS- 4IPoppy TraUU1 Sail 1-12:021105 ZtPLOq[ 1 I i !— —_ Comments: Meanies POO: SC00267 Please fax raiuils bv: Normal TAT Send ;pod to Rache[te Made Reli squished by: Relinquished by; Date!Titoe plc ltor 103 _ Rsuwed by: Z Received by; N CD Ln b9btb280t21 - Date{Time _ cs CHAIN OF CUSTODY RECORD F Advanced Technology FOR LABORATORY USE ONLY • P.O. i Method ofTranepoft Client ❑ i ATL Canaan Upon Recetpl 1. GHa1ED 4.1" Y LI N o 4. SEALED Y C1 rl L4 Laboratories 3275 Weisel Melee Signal Hill, CA 90755 Td: (562) 999-045 a Fix: (562) 959-11044 t• 1 //a r O WNW ren P CA OverN C l FedEx 0 2. HEADSPACE (VOA)►.) Y C) NO 5.50F SPLS MATCH COG Yid• N ❑ t" A Other: ..r & CONTAINER INTACT Y -r: N ❑ it PREFSERYED r O N ❑' Cleat Group Dena Consultants, Inc. Afl.ntlrxr Steven Kolliolf AddFw. 2291 W.20991 Street, Suite 105 Tot. 310-320-5100 coy: Torrance Sulu CA apprde: 60601 Faic project NtMne Protect lr )a310-320-2118 Po y Trail Landslide L-590132 S uPil ri b 2 1N1 ir rides �yFrnrr �, ,�� Dote: Time: bv: rswra.. me ROW Nome Oalsc Time: - — 1Z'2 41 3:dofrn 1 A „,r_ brIIII eerarrlNrrdNam) Data Time: Received &f.00rrF 1en' Mod NmmN Dale: Time: ReirquWud by: tft rrrearePMerl N emo) Oita Timor Received by. Alnww mil Pilled ramp Dale: Tend AIL to the Seed Report To Ed To: . I Way eultorize perform work kdcded below. ATM: Steven Kolttroti edit Steffen Koltroff /5u4rr HAi +ti i IS" h Co: Group Delta Consultants, Inc. Ca G_n2ju Delta Consultants, Fns. fl �°tJ�C Addy. Addy r - ra City: Tamer* Stall iipc CRY Torrance 6taW. 21 : CtrcMotAdd SPECIFYAPPROPA64TE I PRESERVATION QA1QC Weft rehri eiee regiwoMd by [bent el ¢ rert e wN MIA be disposed 46 days seer receipt e records wdl be deposed ArrllyUhe} fAAT:iIx R j"' 11 year elhr suuiec t d final report. t.r 5. Fees WON VIMalcaee le reglSoli • sample ao 1 sample free(a y it r ye) ■ Records; $1 MTL srorlrorder Imo jailor 1 year] Requested o* ., , ` OMER I T 1A13 USE ONLY: • 9e11 e: ` T � Cernetnerfel REMARKS it Lab No. Sample ID/ Location Dale Time S . 0. t tea' , 3' AT i Type iii 2,001 f J PTe-v+Poppy MEM 1212112005 11:00a x _ x i 3 0 7 E 4 ' PTS-1rPoppyTre2di 12/21/2005 11:05a x x r x x x x 1 M I E ' - cc PTS.2'PoppyTraRst 121212005 11:08a x x 3 G I E 1 PrSalPoppy Trani 421212005 11:16 x ; x x x x - x M E 1 . —0 *3 PTSdrPoppy Trei et 121211'2005 11:24a x x 3 G E PTS-srPoppytrail et 12121/2005 11:30a • x 3 1 iA E .� GI I. PTS.ilPoppyTrait! 1212112005 12:38p x x ! 3 G: E PST-4rpoppmTrauil 1212112006 x x x x x - x 1 M E I ■ TAT atwia tell the tallowerp day R sanpies received alter S PM A TAT: A = s R B a Ernergency Ned Workdry C ■a Workdays Weed D ■ Wadley*Urgent E E. 7 'AIorkdsYs PmeeHsHC� hj•' T S• H C4°C � Container Types: T.Ttbe V -VOA L■Liter P-Ptrt J=.lar B-Twi G ny -Glau P-Plsstic M•Metal 2n(A)2 OaNaOH Toll Soda City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manager Project No. L-599 D1 (Revised 12/13/05) December 9, 2005 ,:,; Subject: Septic System at Poppy Trail #1 Rolling Hills, California Mr. Nealis: The city needs to address the locations of the septic tanks and p pits above the landslide at Poppy Trail #1 in the City of Rolling Hills. When the winterization of the landslide resumes, the back cut may encroach into the septic systems at Poppy Trail #1. Prior to cutting back the slope, the septic tank(s) effluent should be pump and exported offsite to be disposed of at an appropriate dump. If septic tanks or pits are encountered during the cutting back of the slope, the tanks should be removed and pits backfilled with 2 -sack slurry to 2 -feet from the surface. The upper 2 -feet should be filled with compacted fill. If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, PG, CEG N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-599 D Alternative Alignment\L-599 DI Exporting of Soil.doc _291 ' /` SITc-c1. tiiti' _ $ ?":;i I ... C'.'\. . . . j] 5) ii'1;: 1�. _ - il•t} y. i:,_..+?l( . 3._ _1 i.• Ali.•:. "?)-. .-1020 •www.Gronnl)ella.com+ .,:in)€it;_i?+ ii'+`;e .2.1 5L'u TRANSMISSION VERIFICATION REPORT TIME : 12/13/2005 16:00 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 12/13 16:00 17148496063 00:00:35 02 OK STANDARD ECM DATE TO; e11,0/ ie0it J/I17/ INCORPORATED JANUARY 24, Id 57 FAX COVER SHEET NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS CALIF. 90274 (310)377•1S21 FAX: (310) 377-7?.88 I Mail; Cityhirh@aol.com TIME SENT: ir0 ° PIM FROM; FAX: OPERATOR: SUBJECT: REMARKS: 34-4,j2 484:4A -e-, c ic.sti' 0.. TRANSMISSION VERIFICATION REPORT TIME : 12/19/2005 08:48 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : EROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 12/19 08:46 READER 00:01:44 03 OK STANDARD ECM DATE: TO: City 0/ ie0it JUL INCORPORATED JANUARY 24, 1957 FAX COVER SHEET ial��los FAX; SUBJECT: REMARKS: 6 -f -ft NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX; (31Q) 377.7288 r -mail! oliyofrh@aol.00m TIME SENT: t A' FROM: OPERATOR: __, Akdr" DEC. 13. 2005 2:18PM KUTAK ROCK -IRVINE 949 417 5394 NO. 910 P 1/3 KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949417-0999 FACSIMILE 949-417-5394 FACSIMILE TRANSMISSION DATE December 13, 2005 To: NAME: FAx No.: P EONE NO.: Craig Nealis, Ci Mani er 310 377-728$ ' 310 377-1521 If you experience any problems in receiving these pages, please can (949) 718-6700 as soon as possible. Thank you. FROM: Jeff Gerardo SECRETARY: Liz RE: Sheen v. Rolling Hills CLIENT NUllvIEER: 11317-51 EM'x, No.: NUMBER OF PAGES, INCLUDING COVE}.. PAGE: MESSAGE: CONFIRM: No CONFIDENTIAL FACSIMILE TRANSMISSION The information contained in this facsimile and the accompanying pages is intended solely for the addressec(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 CODE (FAXES) 07 7100 —Personal 7200 — Local ❑ 7300 — Long -Distance ❑ 7400 — International DEC. 13. 2005 2:19PM KUTAK ROCK -IRVINE 949 417 5394 ti Na 910 P. 2/3 JEFFREY S. GERAR40 jeftrey,gerarda(kulakropK.tom 049)417-09N KUTAK ROCK LLP SUITE 1100 1$207 VON KARMAN AVENUE IRVINE. CALIFORNIA 92812-7077 949-477-0999 FACSIMILE 949-417-5394 W W W.k1,takrock_Dorrl December 13, 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 DENVDR DEB MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA. PASADENA- RICHMOND SCOTTSDALE WASHINGTON. WICHITA This will confirm our conversation on December 12, 2005, wherein we discussed work that the City of Rolling Hills intends to complete as part of its mitigation efforts in the above - referenced matter. As I mentioned, the City, as part of its mitigation efforts, must flatten the head -scarp on the Sheen property to remedy conditions at the site posing substantial safety risks to nearby residents. As part of the flatteningof the head -scarp, the topography of the slope, at the site will be altered. So as to permit both parties adequate time and the ability to document conditions at the site, I indicated that the City wanted to provide your office notice of its intentions to initiate the work, so that you and your experts would have the opportunity to evaluate conditions at the site before they are permanently altered. 1 indicated that the City intended to have a representative from Group Delta Consultants on site during the scarp flattening process. The representative on behalf of the City will be on site to complete the following: "(a) A detailed visual examination of the landslide and adjacent areas to observe existing site conditions and improvements, including drainage devices, irrigation devices, septic and sewage devices, site topography and surface drainage direction. (b) Photographic documentation will be perfonned of site conditions and improvements including drainage devices (males, drain), irrigation devices, septic and sewage devices, site topography and surface drainage direction. 4836-2387-9680.1 DEC: 13. 2005 2:19PM KUTAK ROCK -IRVINE 949 417 5394 NO. 910 P. 3/3 KUTAK ROCK LLP Craig M. Collins December 13, 2005 Page 2 (c) A site survey may be performed by a licensed surveyor or civil enigineer to augment existing topographic information and to document site conditions and improvements, including drainage devices (swales, drain), irrigation devices, septic and sewage devices, site topography and surface drainage direction." During our conversation, you requested that your office be provided no less than 24 hours' notice of initiation of the scarp flattening process, which may take some time to complete. I agreed that such notice would be provided to permit Mr. Sheen the opportunity to evaluate the same site conditions that will be examined by the City's consultant, Group Delta. I also mentioned that I thought it would probably be a good idea to have both experts looking at the remedial work at the same time, so that the experts could work off the same data at a later date. You indicated that your client may or may not choose to have a representative on site, but. requested that 24 hours' notice of the work be provided. I will inform the City of your request and will recommend that the notice you have requested be provided. As I mentioned, because time is of the essence to complete the task noted above, I anticipate the work will take place some time in the next week If you should have any questions concerning the subjects addressed herein, please do not hesitate to contact me at your convenience. 1 appreciate your courtesy and cooperation regarding this issue, and will keep you closely posted of the City's intentions to initiate work at the site in the next few days. Very truly yours JSG/eap cc: Craig Nealis, via facsimile Daniel Hyde, via facsimile 4836-23$7-9680.1 TRANSMISSION VERIFICATION REPORT TIME : 12/13/2005 15:07 NAME : ROLLING HILLS CITY FAX : 3103777233 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 12/13 15:05 READER 00:02:11 03 OK STANDARD ECM /2tffl /IS INCORPORATED JANUARY 24t 1957 FAX COVER SHEET DATE: } )1 Ic TO: Ci\-A-kc �'`'''r Na 2 POIRTUGLIESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 37x•7268 1 mall: cityoirh@aol.com TIME SENT: 3, 0 FROM: FAX: OPERATOR: SUBJECT: REMARKS: .4 TRANSMISSION VERIFICATION REPORT TIME : 12/13/2005 15:04 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 12/13 15:03 CITY ATTORNEY 00:01:25 03 OK STANDARD ECM City 0/ iht% INCORPORATED JANUARY 29, 1957 FAX COVER SHEET DATE:_ 11 a TO: r j e t FAX: SUBJECT: REMARKS: TIME SENT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX; (310) 377-7.'.x39 E m1il: ciiyofrh@cal.com . FROM: ex �� tJ OPERATOR: .4EC. 16. 2005 11:36AM KUTAK ROCK -IRVINE 949 417 5394 NO. 941 P. 1/3 40 -v7 KUTAK ROCK LLP SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 FACSJMILE TRANSMISSION DATE: December 16, 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 yott_ FROM: Jeff Gerardo SECRETARY: Liz RE: Sheen v. Rolling Hills [ ENTNTJMBER: 11317-51 EM1'L No.: 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 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 numbor listed above and returning these documents to us at once. Operator: GROUP CODE (PAX$S) D 7100 —Personal I l 7200 — Local ❑ 7300 — Long -Distance I1 7400 — International "EC. 16.2005 11.36AM KUTAK ROCK -IRVINE 949 417 5394 NO. 941 P. 2/3 • - JEFFREY S. GERARDO jeffrey.gerardo@kutakrOGk,GGm (949) 417-0999 KUTAK ROCK LLP SUITE 1100 18201 VON KAFIMAN AVENUE IRVINg, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.earn December 16, 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 CHICA00 IENVGR DES MOINGS FAYETTEVILI.e KANSAS CITY LITTt.G FIOCK LOS ANGELES OKLAHOMA CITY OMAHA PASADCNA AtCHMONO aGOTTSDALE WASHINGTON WICHITA I have been advised by the City's consultant, Group Delta, that as part of the abatement process, and before work can actually be initiated, the City will need to drain a septic tank located on Mr. Sheen's property in close proximity to the head scarp_ This is necessary to prevent any potential waste materials being deposited on or about the property when work is performed. I have been advised that Group Delta intends to drain the septic tank at 9:00 a.m. oil December 21, 2005. Pursuant to our prior arrangement, and in the spirit of cooperation, I am providing you with as much notice as possible, if you or any of your experts wish to observe this process. I am advised that the actual work in flattening the head scarp will take place after the septic tank is drained, but I do not have a specific date for completion of this work at the present. As soon as I have information concerning when work on the head scarp will be completed, I will provide, as previously agreed, no less than 24 hours' notice of vitiation of the work. 4833-4961-1520.1 ,DEC. 16.2005 11:36AM KUTAK ROCK -IRVINE 949 417 5394 NO. 941 P. 3/3 KUTAK ROCK LLP Craig M. Collins December 16, 2005 Page 2 If you should have any questions concerning the subjects discussed above, please feel free to contact me at your convenience. Very truly yours, JSG/eap cc: Craig Nealis, via facsimile Mike Jenkins, via facsimile Daniel Hyde, via facsimile 4833-4961-1520.1 12/14/2005 14:53 3108323636 . - L -.4J �1e1�rrf�tss STEPHENS PLUMBING PAGE 01/01 ROLLING HILLS CITY PAGE 01/01 GODFREY PEFrNELL, D.D.S. Mayor E, ALLEN LAY Msyar Pro Thrn DR. JAMES BLACK COuttaninambar THOMAS K. HEINSHEIMER Com-ncnmam/2pr FRANK E. HILL C uncilmember Cuff '> December 13, 2005 Mr. Nick Dragich Peninsula Septic Services, Inc. 1.840 S. Gaffey Street, #53 San Pedro, CA. 90731 Dear Mr. Dragich: INCORPORATED JANUARY 2.4, 1957 NO. FORTUO,UEEE I:IENP ROAD ROLLING HILLS, CALIF, 90274 (310) 37T-1521 FAX: (31o) 377-7758 E-ma(h oityofrhaool.com Thank you for your assistance with the pumping of the septic systems to the unauthorized guesthouse at #1 Poppy Trail Road. To address the concerns we discussed, we offer the following: The City agrees to inderrun.fy, hold harmless and defend at its expense Peninsula Septic Services, Inc. (Contractor) from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor enteran.g the property at #1. Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor ,for actions outside the scope of services or which result front wrongful or malicious conduct oz negligence in the performance of the work, all as to which. Contractor shall indemnify and hold City, its officers, agents and employees harmless. If this is agreeable to you, please sign below and return this letter to us. We will. forward a copy to you. Thank you for your cooperation. Sincerely, Craig R.Nealis City Manager C,RN:m1k 12.13-05d rage ch-f ir.doc Cat ealis, City Manager City of Rolling Hills Nick Dragich } ci . Peninsula. Septic Services, Inc. I IDP1,1rrrl rr, Rr.C.411.,,1 i'ar, s City 0/ 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 December 13, 2005 Mr. Nick Dragich Peninsula Septic Services, Inc. 1840 S: Gaffey Street, #53 San Pedro, CA 90731 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Dear Mr. Dragich: Thank you for your assistance with the pumping of the septic systems to the unauthorized guesthouse at #1 Poppy Trail Road. To address the concerns we discussed, we offer the following: The City agrees to indemnify, hold harmless and defend at its expense Peninsula Septic Services, Inc. (Contractor) from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to which Contractor shall indemnify and hold City, its officers, agents and employees harmless. If this is agreeable to you, please sign below and return this letter to us. We will forward a copy to you. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 12-13-05dragich-ltr.doc C gNealis, City Manager Nick Dragich City of Rolling Hills Peninsula Septic Services, Inc. Printed on Recycled Paper. 310-232- 36.36 TRANSMISSION VERIFICATION REPORT TIME : 12/14/2005 14:49 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BR0G5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 12/14 14:49 8323636 00:00:25 01 OK STANDARD ECM City 0/ INCOPPORATFIO JANUARY 214, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro ram DR. JAMES BLACK Councilmarnber THOMAS F. 11EINSHEIMER CounollmarOer FRANK E. HILL Councilmember December 13, 2005 Mr. Nick Dragich Peninsula Septic Services, Inc. 1840 . Gaffey Street, #53 San Pedro, CA. 90731 Dear Mr. Dragich: NO. 2 PORTUGUESE. REND ROAD ROLLING HILLS, CALIF, 90274 (310) 377-1521 FAX: (310) $77-7758 E-r11Rif, cityofrh@aol.com Thank you for your assistance with the pumping of the septic systems to the unauthorized guesthouse at #1 Poppy Trail Road. To address the concerns we discussed, we offer the following: The City agrees to indemnify, hold harmless and defend at its expense Peninsula Septic Services, Inc. (Contractor) from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to V1.71%;/.1% r."-nid.rrme14r..a- +3.6.11 :i.r. TRANSMISSION VERIFICATION REPORT TIME : 12/15/2005 08:11 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J363281 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 12/15 08:10 CITY ATTORNEY 00:00:55 02 OK STANDARD ECM 'ity 01 Roiling INCORPORAT • ED JANUARY 24, 1957 FAX COVER SHEET »ATE: jOS TOE FAX: SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 {310) 377-1521 PAX; 1310) 377-7288 Email; Cityofrh@nol,Gvm TIME SENT: O FROM: �'}AALek_k' OPERATOR; 21. The following BMP from the "California Storm Water BMP Construction Handbook" — January 2003, must be implemented for all construction activities as applicable. BMP's from the "California Storm Water BMP Handbook" - March 1993 may be used if detail is indicated. EROSION CONTROL EC1 — SCHEDULING EC2 — PRESERVATION OF EXISTING VEGETATION EC3 — HYDRAULIC MULCH EC4 — HYDROSEEDING EC5 — SOIL BINDERS EC6 — STRAW MULCH EC7 — GEOTEXTILES & MATS EC8 — WOOD MULCHING EC9 — EARTH DIKES AND DRAINAGE SWALES EC10 — VELOCITY DISSIPATION DEVICES EC11 — SLOPE DRAINS EC12 — STREAMBANK STABILIZATION EC13 — POLYACRYLAMIDE TEMPORARY SEDIMENT CONTROL SE1 — SILT FENCE SE2 — SEDIMENT BASIN SE3 — SEDIMENT TRAP SE4 — CHECK DAM SE5 — FIBER ROLLS SE6 — GRAVEL BAG BERM SE7 — STREET SWEEPING AND VACUUMING SE8 — SANDBAG BARRIER SE9 — STRAW BALE BARRIER SE10 — STORM DRAIN INLET PROTECTION WIND EROSION CONTROL WE1 — WIND EROSION CONTROL EQUIPMENT TRACKING CONTROL TC1 — STABILIZED CONSTRUCTION ENTRANCE EXIT TC2 — STABILIZED CONSTRUCTION ROADWAY TC3 — ENTRANCE/OUTLET TIRE WASH NON-STORMWATER MANAGEMENT NS1 — NS2 — NS3 — NS4 — NS5 — NS6 — NS7 — NS8 — NS9 — NS10 NS11 NS12 WATER CONSERVATION PRACTICES DEWATERING OPERATIONS PAVING AND GRINDING OPERATIONS TEMPORARY STREAM CROSSING CLEAR WATER DIVERSION ILLICIT CONNECTION/DISCHARGE POTABLE WATER/IRRIGATION VEHICLE AND EQUIPMENT CLEANING VEHICLE AND EQUIPMENT FUELING — VEHICLE AND EQUIPMENT MAINTENANCE — PILE DRIVING OPERATIONS — CONCRETE CURING 11/30/2005 3 of 4 NON-STORMWATER MANAGEMENT (CONT.) NS13 — CONCRETE FINISHING NS14 — MATERIAL AND EQUIPMENT USE NS15 - DEMOLITION ADJACENT TO WATER NS16 —TEMPORARY BATCH PLANTS WASTE MANAGEMENT & MATERIAL POLLUTION CONTROL WM1 — MATERIAL DELIVERY AND STORAGE WM2 — MATERIAL USE WM3 — STOCKPILE MANAGEMENT V WM4 SPILL PREVENTION AND CONTROL WM5 — SOLID WASTE MANAGEMENT WM6 — HAZARDOUS WASTE MANAGEMENT WM7 — CONTAMINATION SOIL MANAGEMENT WM8 — CONCRETE WASTE MANAGEMENT WM9 — SANITARY/SEPTIC WASTE MANAGEMENT WM10 — LIQUID WASTE MANAGEMENT * The above notes and BMPs as outlined in, but not limited to, the BMP Handbook, California Stormwater Quality Task Force, Sacramento, California 1993, or the latest revised edition, may apply during the construction of this project (additional measures may be required if deemed appropriate by County inspectors). 11/30/2005 4 of 4 21. The following BMP from the "California Storm Water BMP Construction Handbook" - January 2003, must be implemented for all construction activities as applicable. BMP's from the "California Storm Water BMP Handbook" - March 1993 may be used if detail is indicated. EROSION CONTROL EC1 - SCHEDULING EC2 - PRESERVATION OF EXISTING VEGETATION EC3 - HYDRAULIC MULCH EC4 - HYDROSEEDING EC5 - SOIL BINDERS EC6 - STRAW MULCH EC7 - GEOTEXTILES & MATS EC8 - WOOD MULCHING EC9 - EARTH DIKES AND DRAINAGE SWALES EC10 - VELOCITY DISSIPATION DEVICES EC11 - SLOPE DRAINS EC12 - STREAMBANK STABILIZATION EC13 - POLYACRYLAMIDE TEMPORARY SEDIMENT CONTROL SE1 - SILT FENCE SE2 - SEDIMENT BASIN SE3 - SEDIMENT TRAP SE4 - CHECK DAM SE5 - FIBER ROLLS SE6 - GRAVEL BAG BERM SE7 - STREET SWEEPING AND VACUUMING SE8 - SANDBAG BARRIER SE9 - STRAW BALE BARRIER SE10 - STORM DRAIN INLET PROTECTION WIND EROSION CONTROL WE1 -WIND EROSION CONTROL EQUIPMENT TRACKING CONTROL TC1 - STABILIZED CONSTRUCTION ENTRANCE EXIT TC2 - STABILIZED CONSTRUCTION ROADWAY TC3 - ENTRANCE/OUTLET TIRE WASH NON-STORMWATER MANAGEMENT NS1 -WATER CONSERVATION PRACTICES NS2 - DEWATERING OPERATIONS NS3 - PAVING AND GRINDING OPERATIONS NS4 -TEMPORARY STREAM CROSSING NS5 - CLEAR WATER DIVERSION NS6 - ILLICIT CONNECTION/DISCHARGE NS7 - POTABLE WATER/IRRIGATION NS8 - VEHICLE AND EQUIPMENT CLEANING NS9 -VEHICLE AND EQUIPMENT FUELING NS10 - VEHICLE AND EQUIPMENT MAINTENANCE NS11 - PILE DRIVING OPERATIONS NS12 - CONCRETE CURING 11/30/2005 3 of 4 • NON-STORMWATER MANAGEMENT CONT. NS13 — CONCRETE FINISHING NS14 — MATERIAL AND EQUIPMENT USE NS15 — DEMOLITION ADJACENT TO WATER NS16 — TEMPORARY BATCH PLANTS WASTE MANAGEMENT & MATERIAL POLLUTION CONTROL WM1 — MATERIAL DELIVERY AND STORAGE WM2 — MATERIAL USE WM3 — STOCKPILE MANAGEMENT WM4 — SPILL PREVENTION AND CONTROL WM5 — SOLID WASTE MANAGEMENT WM6 — HAZARDOUS WASTE MANAGEMENT WM7 — CONTAMINATION SOIL MANAGEMENT WM8 — CONCRETE WASTE MANAGEMENT WM9 — SANITARY/SEPTIC WASTE MANAGEMENT WM10 — LIQUID WASTE MANAGEMENT * The above notes and BMPs as outlined in, but not limited to, the BMP Handbook, California Stormwater Quality Task Force, Sacramento, California 1993, or the latest revised edition, may apply during the construction of this project (additional measures may be required if deemed appropriate by County inspectors). 11/30/2005 4of4 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS DEVELOPMENT AND PERMITS TRACKING SYSTEM DATE: 11/30/05 TIME: 12:39:47 ROUTE TO: BS1202 FEE RECEIPT RECEIPT NUMBER: BS12020002542 DPR4051 PAGE 1 REQUESTED BY: XXXXXXX THIS IS A RECEIPT FOR THE AMOUNT OF FEES COLLECTED AS LISTED BELOW. THE RECEIPT NUMBER, DATE AND AMOUNT VALIDATED HEREON HAS ALSO BEEN VALIDATED ON YOUR APPLICATION OR OTHER DOCUMENT AND HAS BECOME A PART OF THE RECORD OF THE COUNTY OF LOS ANGELES, FROM WHICH THIS RECEIPT MAY BE IDENTIFIED. PLEASE RETAIN THIS RECEIPT AS PROOF OF PAYMENT. ANY REQUEST FOR REFUND MUST REFERENCE THIS RECEIPT NUMBER. DATE PAYMENT RECEIVED: PROJ/APPL/IMPRV NBR: PROPERTY ADDRESS: RELATED PROJECT: PAYOR NAME: EROSION CONTROL SPECIALISTS* ADDRESS: 18781 VIEWPOINT LANE SUITE# 074 HUNTINGTON BEACH CA 92847 PHONE: (909) 753-9637 EXTN: 11/30/05 12:39:30 BL 0511300065 1 POPPY TR RHLL 902745137 WORK DESCRIPTION: DEMO 40'X 40' GUEST HOUSE FEE STATISTICAL CALCULATION ITEM FEE DESCRIPTION CODE FACTOR AA BLDG PERMIT ISSUANCE A018303 02 DEMOLITION INSPECTN A018303 PAYMENT TYPE EXEMPT FEE OFFICE: BS 1202 CASHIER: RB TOTAL FEES PAID: UNIT OF MEASURE $0.00 EXTENDED AMOUNT $0.00 $0.00 REFERENCE AMT TENDERED CHANGE GIVEN AMOUNT APPLIED NO FEES $0.00 $0.00 $0.00 DRAWER: RB ITEMS WITH AN ASTERISK (*) WILL REQUIRE FURTHER DEPOSITS WHENEVER ACTUAL COSTS EXCEED THE DEPOSIT AMOUNT ******************************** END OF REPORT ******************************** COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY / LAND DEVELOPMENT ROLLING HILLS 24320 NARBONNE LOMITA CA 90717 PHONE: (310) 534-3760 EXT: # 1202 BUILDING PERMIT DEMOLITION BL 1202 0511300065 LEGAL ID: ON FILE ASSESSOR INFORMATION NUMBER: 7569-007-001 TENANT: SQ. FT STRUCTURE: 1600 NO. OF CONST STORIES TYPE EXIST BLDG USE: GUEST EXIST OCC GRP: USE ZONE: OWNER: SHEEN,HUI TSE;SHEEN,CHANG Y, DEC ES 1 POPPY TRAIL RHLL 902745137 TEL. NO: APPLICANT: EROSION CONTROL SPECIALISTS* 18781 VIEWPOINT LN HUNTINGTON BCH TEL. NO: (909) 753 -9637 - CONTRACTOR: EROSION CONTROL SPECIALISTS* 18781 VIEWPOINT LANE SUITE# 074 HUNTINGTON BEACH CA 92847 TEL. NO: (909) 753-9637- LIC. NO 851583 ARCHITECT OR ENGINEER: TEL. NO: LIC. NO: MAP NO: SEWER MAP BOOK: PAGE: 4922 FIRE ZONE: CMP: 01 NO. OF FAMILIES: DWELLING UNITS: APT/COND: STAT CLASS: NO 23 AIR QUALITY: NO SCHOOL WITHIN HAZARDOUS 1000 FEET MATERIALS NO NO BLDGS. NOW ON LOT: 1 VALUATION: 500 FEE DESCRIPTION: AA BLDG PERMIT ISSUANCE 02 DEMOLITION INSPECTN FEES PAID QUANTITY: UOM: TOTAL FEES LEAD HAZARD WARNING: Due to the possible presence of lead -based paint, (cad safe work practices are required for all repairs in pre -1979 buildings that disturb paint. Failure to do so could create lead hazards that violate California Health and Safety Code - Sections 17920.10 and 105256 and may be subject to a $1000 fine or criminal prosecution. For more information call 1 -800 -LA -4 -LEAD. REPORT ID: DPR261 ROUTE TO: BS1200 AMOUNT: 0.00 0.00 0.00 BUILDING ADDRESS: 1 POPPY TR RHLL CA 902745137 NEAREST CROSS STREET: THOMAS PAGE: 823 GRID: El LOCALITY: ROLLING HILLS ) ISSUED ON: 11/30/05 PROCESSED BY: RB EXPIRES ON: 11/25/06 FINAL DATE FINAL BY: CODE: DESCRIPTION OF WORK DEMO 40'X 40' GUEST HOUSE SPECIAL CONDITIONS: PLANNING APPROVAL 11/30/05 & FEE WAIVER FAXED BY YOLANTA APPROVALS DATE INSPECTOR SIGNATURE PEDESTRIAN PROTECTION SEWER DISCONNECTION ABANDON PRIVATE DISPOSAL UNDERGRND STRUCT REMOVAL AND SOIL RECOMPACTION TRANSMISSION VERIFICATION REPORT TIME : 11/30/2005 10:47 NAME : ROLLING HILLS CITY FAX : 3103777256 TEL : 3103771521 SER.# : EROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 11/30 10:46 SHERIFF 00:01:04 04 OK STANDARD ECM City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PQRIU GU ESEITRD ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (37.0) 3777288 E-trtai.1 cityofrhaiaacor FAX COVER SHEET DATE: 11/30/05 TIME SENT: 10:45 a.m. TO: Captain Jay Zuani.ch Lomita Station FROM: CC: FAX: _ OPERATOR: SUBJECT: NUISANCE ABATEMENT AT 1 POPPY TRAIL Craig Nealis City Manager REMARKS: Dear Captain Zuanich, Attached please find a copy of the warrant authorizing the City to commence with the abatement of the nuisance (removal of guesthouse, slope modification and winterization) at 1 Poppy Trail Road. Unless otherwise advised by our legal counsel, this work will begin 12/1/05 at 7:30 a.m. Please advise your personnel regarding this activity and let me know if you have any questions. Thanks, Craig Nealis 11/29/25'05 13:48 3.3S441 JENKINS & N. LLP PASE- 18 ._ .n,''�, 0 r 4. • 19 �l yo JyL�+,u 20 21 �� #P ,,O^ � oG�L pOs �G? 22 A' o !`' , GPI, 23 �1 1 MICHAEL JENKINS, CITY ATTORNEY CITY OF ROLLING HILLS, and 2 JENKINS & HOGIN, LLP CHRISTI HOGIN, State Bar No. 138649 3 JOHN C. COTTI, State Bar No. 193139 Manhattan Towers 4 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, California 90266 5 Tel.: 31.0 643-8448; Fax: (310) 643-8441 6 Email: Jcott1@localgovla\v.com 7 8 9 Attorneys for the City of Rolling Hills Exempt From Fees Pursuant to Government Code ' 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES 11 12 IN THE MATTER OF THE CITY OF Warrant Case No_ `J ROLLING HILLS' APPLICATION FOR 13 ABATEMENT WARRANT RE: [PROPOSED] ABATEMENT WARRANT PROPERTY LOCATED AT 1 POPPY 14 TRAIL, ROLLING HILLS, CALIFORNIA 15 [PROPERTY OWNED BY ALAN SHEEN, Y1NG CLING SHEEN, AND JAMES SHEEN] 16 17 f 24 25 26 27 28 [PROPOSED) ABATEMENT WARRANT 11/23/26'6'5 13:43 316 38441 JENKINS & HS LLP PAGE 03 1 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY POLICE OFFICER, FIRE 2 OFFICIAL, CODE ENFORCEMENT OFFICER, BUILDING OFFICIAL, PUBLIC WORKS 3 OFFICIAL, HEALTH OFFICER, OR OFFICER ON BEHALF OF THE CITY OF 4 ROLLING HILLS, STATE OF CALIFORNIA: 5 Proof by Declaration having been made this day before me by Craig Nealis, and it appearing 6 therefrom that there is good cause for an Order to Abate the public nuisance located at 1 Poppy Trail 7 Road, Rolling Hills, California. 8 The City of Rolling Hills and its officers, agents, employees, or authorized representatives are 9 hereby ordered to enter onto the property located at 1 Poppy Trail Road, Rolling Hills, California 10 (the "Property'), between the hours of 8:00 a.m. and 6:00 p.m., and abate the public nuisance 11 existing on the Property. This Abatement Warrant shall authorize the City to: 12. 1. Seal any and all renewed tensions cracks; 13 2- Demolish the guesthouse located at the rear of the Property; 14 3. Cover the entire affected area with UV resistant plastic sheeting; 15 4. Flatten the landslide head scarp to a 1 horizontal to 1 slope; 16 5. Install temporary drainage devices to divert stonnwater; and 17 6. Take other such steps as may be reasonable to ensure that the Property is in 18 compliance with the Rolling Hills Municipal Code. 19 Reasonable force may be used to enter the outside Property, or any part thereof, should any 20 request for entry pursuant to this Warrant be refused. 21 This Warrant shall be effective for a period of not more than sixty, (60) days, unless extended 22 or renewed. No abatement authorized by this Warrant shall be undertaken without first providing 24 23 hours notice of the issuance of said Warrant by posting a copy of Warrant on the Property. 24 The abatement activities authorized by this Warrant may be undertaken in the absence of the Z5 owner or occupant of the Property. 26 27 28 /1/ /// [PROPOSED] ABATEMENT WARRANT 1 11/29/201015 13:48 31064''3441 JENKINS & HO,LLP PAGE 014 • 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 A retum to this Court shall be made in accordance with the provisions of Section l 822.55 of the Code of Civil Procedure. DATED: 2005 JUDGE OF /SUPEWR COURT rands J. Hct.Zigeii [PROPOSED) ABATEMENT WARRANT FILED WITH THE COUNTY ON NOVEMBER 30, 2005 rm LIME Ambient Environmental. Inc. Complete Environmental Comnlring Aabtacs & t r,d 1abfF5c1d Services Phnse I Site Asacssmena Indoor Air/W,rcr Quality Surveys 1709 Rimpau Avenue. Suite 109 Corona, California 92881 951 272 475(1 Phone 951 272-4791 Faccimi e ambn terwetpacbc11.net November 29, 2005 Erosion Control Specialist 16761 Viewpoint Lane #74 Huntington Beach, California 92647 Attn: Jason Locklin Re: Asbestos Building Material Survey for the property located at: #1 Poppy Trail Road (Guest House) in Rolling Hills, California. To Whom It May Concern: Mr. John L. Payne an Ambient Environmental, Inc. representative and an. EPA accredited AHERA inspector for Asbestos Containing Material (ACM) conducted an asbestos building materials survey for the above referenced location on November 25, 2005. Ambient Environmental, Inc. first conducted a visual inspection of the guest house to identify building materials that were to be impacted during the demolition project. Once the visual inspection was completed, each building material ups then categorized into homogeneous sampling areas. Homogeneous sampling areas are defined as areas in which suspect building materials are uniform in texture, construction and/or application date, as well as general appearance. Representative bulk samples were collected from each homogeneous sampling area. All bulk samples were collected using Environmental Protection Agency (EPA) sampling procedures as defined in the Simplified Sampling Scheme for Friable Surfacing Materials USEPA, 1985 and the Asbestos Hazard Emergency Response Act of 1986 (AHERA) located in 40 CFR part 763 per EPA guidelines. Reasonable care was taken to avoid any accidental fiber release into the building environment. All bulk samples were analyzed for the presence of asbestos by an independent laboratory. The independent laboratory is accredited by the American Industrial Hygiene Association (ARIA), The National Institute for Standards and Testing (KIST) and the National Voluntary Laboratory Accreditation Program (NVLAP). Six bulk samples were submitted and analyzed by Polarized Light Microscopy (PLM) method. Quality Control (QC) program was strictly enforced to assure accuracy of sample results. Lcu Angeles Chicago New York Florida 1 Current Federal. USEPA Regulations define a material to be asbestos containing at I% by weight. Current State of California regulations define a materialto be asbestos containing at 0.1% by weight. Therefore, any sample reported as containing a trace amount of asbestos is assumed to contain asbestos. The following is a list of materials sampled within the property and laboratory results: Material Laboratory Results Square Footages Interior Plaster Non Detected N/A Exterior Stucco Non Detected N/A Ambient Environmental Inc. warrants that our services are performed, within the .limits prescribed by our client, with the usual thoroughness and competence of the engineering profession.. Please contact the undersigned with your questions and/or comments regarding the sample result and/or location of material. Sincerely, Signed for L. Payne pal .C. #93-1226 achment t Environmental., Inc. by AMBIENT LABS, INC_ 159 WEST 25TH STREET NEW YORK, NY 10001 NY ELAP 01085 CA ELAP a 2939 NVLAP fF 101618 BULK SAMPLE LABORATORY DATA REPORT PROJECT: CLIENT: LOCATION: TECHNICIAN: LABORATORY ID NO, FIELD ID NO. #01 805063500 # 02 B05063501 # 03 605063502 # 04 805083503 # 05 905083504 # OS B05063505 1042037#052087 AMBIENT ENVIRONMENTAL INC. #1 POPPY TRAIL ROAD ROLLING HILLS, CALIFORNIA JOHN L. PAYNE DESCRIPTION KITCHEN INTERIOR PLASTER COLOR: GRAY MAIN AREA INTERIOR PLASTER COLOR: GRAY BEDROOM INTERIOR PLASTER COLOR; GRAY FRONT EXTERIOR STUCCO COLOR: GRAY BACK EXTERIOR STUCCO COLOR: GRAY SIDE EXTERIOR STUCCO COLOR: GRAY COLLECTED: 11/25/2005 DATE REC'D: 11/28/2005 TIME RECD; 11:12 AM ANALYZED: 11/28/2005 ASBESTOS SAMPLE PRESENT CONSTITUENTS PERCENT OF SAMPLE NO (P) CELLULOSE 19.0% NON -FIBROUS 81,0% 100.0% NO (P) CELLULOSE 19.0% NON -FIBROUS 81.0% NO (P) NO (P) CELLULOSE NON -FIBROUS 100.0% 19.0% 81,0% 100.0% CELLULOSE TRACE NON -FIBROUS 100,0% 100.0% NO (P) CELLULOSE TRACE NON -FIBROUS 100.0% 100,0% NO (P) CELLULOSE TRACE NON -FIBROUS 100.0% (P) ANALYSIS SY POLARIZED LIGHT MICROSCOPY (PLM) US EPA, ao .93Jils, .IUCY 1988 (T) ANALYSIS BY TRANSMISSION ELECTRON MICROSCOPY mkt NYS DEPARTMENTT OF HEALTH ELAP METMoo 198.4 TRACE ' 0,1% 100,0% PAGE 1 OF 1 Ambient Environmental, Inc. Asbestos and Lead/Field Services Indoor Air Quality Study Phase I Site Assessments Lab Services 1709 Rimpau Avenue, Suite 109 Corona, California 92881 *Tel: 951-272-4730 *Fax: 951-272-4731 ASBESTOS BULK SAMPLE LOG CLIENT ADDRESS: ' �`�.. � ri ... ,jam--^�—�--• BUILDING ADDRESS: Net /4,0p,_Lil 20 Re, /4)hvb�,_ SAMPLE NUMBER SAMPLE METHOD: PLM Sampled By: Relinquished By: SAMPLE LOCATION TEM PROJECT NUMBER: TECHNICIAN: PRIORITY: 24 -HR 3 -DAY S -DAY DATE COLLECTED:/ Page ( °_ OTHER AIN OF CUSTODY 1 MATERIAL DESCRIPTION Date: te:47 Time: Time• /4 1'2 — Time: NOV.30.2005 2:37PM KUTAK ROCK -IRVINE 949 417 5394 NO. 838 KUTAK ROCK LLF SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 04S-417--0999 FAGS' MILE 949-417-394 FACSIMILE TRANSMISSION DATE: November 30, 2005 To: • • NAME: FAX No.: PHONE NO.: 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 : Sheen v. Rolling Hills EMPL No-: CLIENT NUMBER: 11317,51 NUMBER OF PAGES, TNCLUDING COVER PAGE: CONFIRM: No MESSAGE: Mr. Nealis, Enclosed please find correspondence I received from. Mr_ Collins this afternoon. Please let me know if you would like to take any action regarding the request that the City not act before the Court of Appeal has time to consider the Writ of Mandate. Thanks for ail your help. Jeff Gerardo CONFIDENTIAL FACSIMILE TRANSMISSION The information contained in this facsimile and the accompanying 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 sa 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 those documents CO us at once. Operator: CROUP CODE (FA7 :S) © 7100 —Personal D 7200 —Local ❑ 7300 —Long-Distance ❑ 7400 — International Post -it® Fax Note Tfl �1 Co./Dept. Phone # Fax # 7671 Datet n (pages® From e �YL. �Yjr Co. Phone # Fax # " NOV. 30. 2005'. 2:38PM EKUTAK ROCK -IRVINE 949 417 5394 �OVR - . NO.838 P 2 P-2 COLUMSLAWARL November 30, 2005 Jeffrey S. Gerardo Kutak Rock LLP Suite 1100 18201 Von Kannan Avenue Irvine, CA 926124077 Aon Center 707 Wi{shira Boulevard Suite 4880 Los Angeles, California 90(117 213.572-0400 phone 213.232-71.3D fax Via fac5imile: 949-417-5394 Re In the Matter of the City of Rolling Hills' Application for an Abatement Warrant Dear Mr, Gerardo: We received your November 30, 2005 letter stating that the City intends to demolish Mr. Sheen's home tomorrow, December 1, 2005. As we informed your co -counsel Mr. Jenkins by fax yesterday, we filed a notice of appeal from the Court's Abatement Warrant. This morning, we filed with the Court of Appeal a Petition for Writ of Supersedeas, Mandate or Other Appropriate Relief and requested an emergency stay of the enforcement of the Abatement Warrant, A copy of our Petition is being delivered to your office today. We urge the City not to act before the Court of Appeal has time to consider our Petition. and request for emergency stay. Sincerely, Craig M_ Collins C SLAWn cc: Michael Jenkins TRANSMISSION VERIFICATION REPORT TIME : 11/30/2005 15:00 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE,TIME 11/30 14:59 FAX NO./NAME CITY ATTORNEY DURATION 00:01:07 PAGE(S) 02 RESULT OK MODE STANDARD ECM NOV, 30, 2005 2:37PM KUTAK ROCK -IRVINE 949 417 5394 KUTAK R 1( 1-..m. 18201 V post -it"° Fax Note IRVINE, C. FAG$ I FA.csIMIL1. DATE: TE: November 30, 2005 To; NAME; F .x N4.; PONE No.: Craig N"calis. City Manager (310) 3777288 (310 377-1521 Yfyou =parlance any problen4 9n receiving these pages, plea all (949) 71E-67DQ as soon as passible. Thank you. FRom Jeff Gerardo SECRETARY: Liz : Sheen v. Rolling Hills CLIB.NT Is uMFIER,: 11317-51 NOSE. o PAQES, XNcLITXlzo COVEk. PAGE.: CoN 'Sl M No MESSAGE: Mr. Nealis, Enclosed please find correspondence I received from Mr. Collins this afternoon. Please let me know if you would like to take any action regarding the request that the. city not act before the Court of Appeal, has time to consider the Wrt of Mandate. Thanks for all your help. JAN. 9.2006 9:56AM NO. 062 KUTAK ROCK -IRVINE 949 417 5394 KUTAK ROCK LLP DATE: January 6, 2006 To: SUITE 1100 18aoi VON KARMAN AVENUE IRVINE, CALIFORNIA (12612-1077 949-417-0989 FACSIMILE 949-417-5394 JAN 0 9 2006 FACSIMILE TRANSMISSION CITY OF ROLLING HILLS NAME: Michael Jenkins City Attorney Craig Nealis, City Mananer BY FAX No.: PHONE NO.: (310) 643-8441 (310) 643-8448 X102 (310) 377.7288 1 (310 377-1521 If you experience any problems in receiving these pages, please call (949) 718-6700 as soon as possible. Thank you. FROM: SECRETARY:. RE: Jeff Gerardo Liz Sheen v. Rolling Hills CLIENT NUMBER: 11317-51 NUMBER OP PAGES, INCLUDING COVER PAGE: MESSAGE: EMPL NO.: CONFIRM: No CONFIDENTIAL FACSIMILE TRANSMISSION The information contained in this facsimile and the accompanying 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. GROUP CODE (PARES) ❑ 7100 —Personal M 7200 —Local ❑ 7300 —Long -Distance ❑ 7400 — LnternationaI JAN, 9.2006 9:56AM KUTAK ROCK -IRVINE 949 417 5394 NO. 062 P. 2 JEFFREY S. GERARDO jeffreyr gerardorakutaKrock.com (949) 417.0998 KUTAK ROOK LLP SUITE 1100 19201 VON KARMAN AVENUE IRYINE, CALIFORNIA 9201E-1077 94$-417-0999 FACSIMILE 949-417"-5394 www.kutakraQk-com January 6, 2006 V[A FACSYMrLE 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 ofRolling Hills Dear Mr. Collins: ATLANTA CHICAGO OQNVEH DES MOINES RAYETT£VILLE KAKSAS. CITY L1TTLe Roost LOS ANCELCO OKLAHOMA CITY OMAHA. PASADENA KICHMCNO SCOT-Mt/ALA WASHINGTON WICHITA This will confirm that 1 left messages with your office on today's date, advising that the City intends to commence soil removal from 1 Poppy Trail and scaling back of the slope on January 9, 2006 at 9:00 a.m. It is my understanding that once the soil removal is completed the City will also winterize the property as well. We are obviously continuing to provide notice to your office so that you may participate in inspecting this process if you wish. If you should have any questions concerning this subject, please contact me at your convenience. JSG/eap cc: Craig Nealis, via facsimile Mike Jenkins, via facsimile 4845-0710-9120.L MEMORANDUM TO: FILE FROM: CRAIG NEALIS, CITY MANAGER SUBJECT: INSPECTION OF 1 POPPY TRAIL FOR NUISANCE ABATEMENT DATE: OCTOBER 27, 2005 At approximately 11:30 a.m. on Thursday, 10/27/05, I inspected the property at 1 Poppy Trail from the perspective of the City property. It did not appear that any of the mitigation measures outlined in the resolution adopted by the City Council on 9/26/05 (Resolution No. 996) had been implemented on the property. CRI\T:rnlk 10-27-051poppytrail-mem.doc DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION 0 DER) This s`rtcfure nas been inspected, found to be Date: serf usiy damaged and is unsafe to occupy, as deserted below: Time: 4 f do 0 This facility was inspected under emergency _re;oge•Wst•r•w 4/P ft glegewwirodarr 01- dame 4* ' conditionssir the Coun of Los Angel s or (Jurisdiction) Do not enter, except as specifically Inspector ID/Agency authorized in writing by jurisdiction. Entry may result in death or injury. Fac sty tierne and Address: tht /via Of,. k)etiViivelepk Ptesiteri*/ District Office: i0,4101r Phone Number: 'K4 - .or Do Not Remove, Alter, or Cover this Placard until Authorized by Governing Authority (SECTION 102 OF TITLE 26, L.A.C.C. (ORD. 2225) 1 Poppy Trail, 11/29/2005 at 2:30 p.m. l t:..� ..h 1524 C:IilD2121111..00lei ICIa i 8 r-'a.a , :::121 1 1.29/215 1 1 Poppy Trail, 11/29/2005 at 2:30 p.m. 15x04• C IViCi fl U 1_001 1 6.1E31'Eire r',: < :t 11./ "9/t1% -%. 1 Poppy Trail, 11/29/2005 at 2:30 p.m. F 1%24• cnicige1' • t!,a ree r : (12. 1/29/13F 1 Poppy Trail, 11/29/2005 at 2:30 p.m. - 1504 CJ:il; 171 a. 1.� LI,E.9lE reel, n : 1 731 1 1.' p ,` t-1tai 1 Poppy Trail, 11/29/2005 at 2:30 p.m. i ; ►= 1504 3:: I 1-113t.72 14_00 14 fat t n ..1.4: 11/ ".a:`0E; 1 Poppy Trail, 11/29/2005 at 2:30 p.m. 1:i:f 151E14 C:Ii"int1n I,5.w.i:il:i t!=� • Utol+ir'eeris. 15 _ r.yylµl.,•L,;,1 Fire Station #56 must have accessto driveway for an emergency F WARNING: fnm<Vucmr+i ;aim sadouey damaged and a unsafo O ENTER Enrry octupancv nresul deathury Of IT IS A. ISDEMEANOR TO )TEROR CCUPY. ' 71S MISDEMEANOR TO RE:,!OVE HIS CARD, ION 203 OF TITLE 28. LA.CV. (ORO. 2226) i ADDRESS '!" }h..' • .I \: COMMENTS. DE`r,OF THE CbUNT'GFL(r;ADELES DEPAh'h1ENT OF BLIC WOW BUILDinrC ND AFETY DIVISION JJ[� the Nita 's/.fcllc\ arvI<kstn 0,:r;l l'd4^90 Yta l)� OISTRICS OFflc f ti 1 Poppy Trail, 11/29/2005 at 2:30 p.m. C I MGN31 t.:t._.02116 it • I 1 Poppy Trail, 11/29/2005 at 2:30 p.m. f f 1504 Ic: I t"}I ! 1nEr,,� b_L=a1 er• err <2> 1 1/29. F1%. 1 Poppy Trail, 11/29/2005 at 2:30 p.m. ��!.„. j&„ } 1 I ,4 •., (Jai {"eq.".'? y,> 1 i• 1„c.•tsn 1 Poppy Trail, 11/29/2005 at 2:30 p.m. 1504 C: I11G0017{3._ci IC1. Uai. s re E raz < ;, 1 1 /29/A1µ, y A 1 Poppy Trail, 11/29/2005 at 2:30 p.m. } -f 1504 1 i riGL:IOPF....0 OAS i i 1 tr-efiw r-,=. <5> 11/2' /215; 1 Poppy Trail, 11/29/2005 at 2:30 p.m. L_I - aim, :: ; 1 1 E L -,----,--,- - r i•-• 1504 C I riGER7107....fityl? 1,7-2"3/05. 1 Poppy Trail, 11/29/2005 at 2:30 p.m. L.E14 C: IT MG c:,.:1172FLE.10138 tit .t. ('-^+ 'tip jam.i i. 1./2'x,;•1215 1 Poppy Trail, 11/29/2005 at 2:30 p.m. -F 15E14 :I1. -1S1717.21:3_01711.719 F A. rte. 1 Poppy Trail; 11/29/2005 at 2:30 p.m. I_'' -F 15Q'i4 CIi €i-no 17 1 Poppy Trail, 11/29/2005 at 2:30 p.m. 1`{?'i4 Cii1Gg2l18_Fin 1A < 1E) I 1/29/05 k` +4i .t. 1 Poppy Trail, 11/29/2005 at 2:30 p.m. 1 1.' 29/E15 n�. dr • ~� ;. � «`•, , �r� f 1 Poppy Trail, 11/29/2005 at 2:30 p.m. -a1 i 5i-; s'.tit l'Rreers:- .i.s 1 1 /2;VVI% Y.11 3;j .t 1 Poppy Trail, 11/29/2005 at 2:30 p.m. -F-f f i %E14. C 1-1-11--;211:712 1 _11002 F 1w _ • • '} -• r,• "Yr' 1 Poppy Trail, 11/29/2005 at 2:30 p.m. -f: -f 15114 C:Iti►GE1121'2' `__Oti2: tt.k7.4 1 h~ ra= < 22 > 1 i/77"7:1 s CONSULTANTS Geotec?micat Engineering Geology zydroG'olopy Ear hquaJ Engineering left -aerials Testing C Inspection Fo,rtsic Services GROUP r) City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 DELTA, Attn: Subject: Mr. Nealis: Project No. L-599 D1 (Revised 12/13/05) December 9, 2005 Craig Nealis, City Manager Septic System at Poppy Trail #1 Rolling Hills, California The city needs to address the locations of the septic tanks and pits above the landslide at Poppy Trail #1 in the City of Rolling Hills. When the winterization of the landslide resumes, the back cut may encroach into the septic systems at Poppy Trail #1. Prior to cutting back the slope, the septic tank(s) effluent should be pump and exported offsite to be disposed of at an appropriate dump. If septic tanks or pits are encountered during the cutting back of the slope, the tanks should be removed and pits backfilled with 2 -sack slurry to 2 -feet from the surface. The upper 2 -feet should be filled with compacted fill. If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, PG, CEG N:1Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-599 D Alternative Alignment\L-599 D1 Exporting of Soil.doc 2291 W. 205'x' Street, Suite 105 4 Torrance, CA 90501-1459 4 Tel (310) 320-5100 4 Fax (310) 320-2118 Aliso Viejo+ (949) 609-1020 4www.GroupDelta.com4 San Diego+ (858) 524-1500 Vre TRANSMISSION VERIFICATION REPORT TIME : 12/06/2005 13:54 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 12/06 13:03 CITY ATTORNEY 00:01:12 03 OK STANDARD ECM DATE: City / /?.J/ JUL INCORPORATED JANUARY VI, 1957 FAX R SHEET Gio 5 TO: Mike .jelt,kmtvr NO, 2 PORTUGUESE BEND ROAD ROLLING MILLS, CALIF. 90274 (310) 377-1521 FAX: (31 0) 377-7288 E•mafl: cllyotrheaol-com TIME SENT: 00 pi FROM: C.oc e L FAX: OPERATOR: SUBJECT; REMARKS: DELTA t!Lh li!t1tiati City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manager Subject: Exporting Soil From Poppy Trail #1 To Poppy Trail #4 March 6, 2005 Landslide Rolling Hills, California Mr. Nealis: Project No. L-599 D1 December 5, 2005 GROUP DELTA CONSULTANTS, INC. (GDC) has been informed that the soil to be removed from the Poppy Trial #1 landslide headscarp is proposed to be exported to an open space area on Poppy Trail #4. After briefly reviewing the geology for Poppy Trail #4, the lot appears to be on a landslide and the geology appears to be adverse with respect to the existing slopes (Cleveland, 1976). With the stockpiling of soil on the slopes of Poppy Trail #4, the weight of the exported soil could reactivate any part of the landslide or the adverse geology could fail creating a new landslide. Please note, however, that we have performed only a cursory review of the geology of #4 Poppy Trail to identify potential hazards. We have not performed any field explorations or analyses. The City should be aware that there is a possibility of a failure caused by the stockpiling of the soil on Poppy Trail #4, and the City could therefore be responsible for the damage that occurs. The owner of #4 should retain a geotechnical engineer/engineering geologist to evaluate the area where the soil is proposed to be stockpiled to ensure that a geologically stable stockpile area is established. The evaluation may include drilling deep bucket auger borings, backhoe pits and a slope stability analysis. In addition, the City should consider obtaining a letter from the landowner releasing the City from liability for stockpiling of soil on any part of #4 Poppy Trail. Closure This letter summarizes the opinion of GDC. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations on #4 Poppy Trail. As such, this letter is based only on our _opinion. 2291 %V.2ii5'Strcci. 5a'_Ic: 105 + 1orr:ilia:. C_l90501-1459 ♦ fel( 310 320-5100 ♦ Fax is 10) X20-211$ •\l;sO -949) 609-1020 ♦www.GroupDelta.com♦ San Die`o♦ 1858) 524-1500 ^L-599 D1 Group Delta Consultants. Inc. 2 Poppy Trail Landslide 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. 54)NAI Goal STEVEN O HARM KOLTHOFF a NO.1965 CERTIFIED - ENGINEERING:- GEOLOGIST FOp CA` -.s Michael D. Reader, V.P., G.E. Steven H. Kolthoff, PG, CEG N:\Projects\500-599\L-599 Rolling . Hill Poppy Trail Landslide\L-599. D Alternative Alignment\L-599 D1 Exporting of Soil.doc References: 1976, G.B. Cleveland, Geology of Part of the Palos Verdes Hills, Los Angeles County, California, Map Sheet 27, California Division of Mines and Geology. GROUP DELTA1 11/29/2E05 13:48. 3165433441 JENKINS E HOGIN LLP PAGE 62 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3 41 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. 193139 Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, California 90266 Tel.: 310 643-8448; Fax: (310) 643-8441 Email: Jcotn@localgovlaw.com 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 12 I IN THE MATTER OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT RE: PROPERTY LOCATED AT 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA [PROPERTY OWNED BY ALAN SHEEN, YrNG CHING SHEEN, AND JAMES SHEEN] AT Warrant Case NO".".rC [PROPOSED] ABATEMENT WARRANT (PROPOSED) ABATEMENT WARRANT J crira firkTATE+^{�' 1#- a P� 11/29/2E65 13:49 310E438441 JEI•JKINS & HOGIN LLP 4, R C -E 03 1 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 4 ROLLING HILLS, STATE OF CALIFORNIA: 5 Proof by Declaration having been made this day before me by Nealis, Craig and it appearing 6 therefrom that there is good cause for an Order to Abate the public nuisance located at 1 Poppy Trail 7 Road, Rolling Hills, California. 8 II The City of Rolling Hills and its officers, agents, employees, or authorized representatives are 9 hereby ordered to enter onto the property located at 1 Poppy Trail Road, Rolling Hills, California 10 (the "Property"), between the hours of 8:00 a.m. and 6:00 p.m., and abate the public nuisance 11 existing on the Property. This Abatement Warrant shall authorize the City to: 12 1. Seal any and all renewed tensions cracks; 13 i_ Demolish the guesthouse located at the rear of the Property; 14 3. Cover the entire affected area with UV resistant plastic sheetin; 15 4. Flatten the landslide head scarp to a 1 horizontal to 1 slope; 16 5. Install temporary drainage devices to divert stonnwater; and 17 6. Take other such steps as may be reasonable to ensure that the Property is in 18 compliance with the Rolling Hills Municipal Code. 19 Reasonable force may be used to enter the outside Property, or any part thereof should any 20 request for entry pursuant to this Warrant be refused. 21 This Warrant shall be effective for a period of not more than sixty (60) days,unless extend ed 22 or renewed. No abatement authorized by this Warrant shall be undertaken without first providing tng24 23 hours notice of the issuance of said Wan -ant by posting a copy of Warrant on the Property. 24 The abatement activities authorized by this Warrant may be undertaken in the absence of the 25 owner or occupant of the Property. 26 /// 27 //t 2g [PROPOSED] ABATEMENT WARRANT 1 11 /29/2005 13:48 3106433441 4 : JENKINS E HOG' N LLP PAGE 64 1 A return to this Court shall be made in accordance with the provisions of Section 1822.55 of 2 the Code of Civil Procedure. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 '77 23 24 25 26 27 28 DATED: , 2005 JUDGE OF %I E UPERl R COURT jr;:ncis J. Ficusiggn [PROPOSED) ABATEA1E\T WARRANT 2 4 TRANSMISSION VERIFICATION REPORT TIME : 12/19/2005 08:39 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : EROG5J363281 DATE, TIME FAX NO./NAME DURATION PAGE(S). RESULT MODE 12/19 08:36 READER 00:02:55 05 OK STANDARD ECM City 011 leo/L.6 ,ilieL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 30274 (310)377.1521 FAX: (310) 377-7288 I_-maih cityoIrli@a41.com FAX COVER SHEET TIME SENT: ?,3S ► FROM: - ( FAX: OPERATOR: ,,,r4 SUBJECT: REMARKS: v Ambient Environmental. Inc. Complete Environmental ComoIting Aabtntrt & Lund Tab/l leld Services Plwae1 Site Asmmtmenu Indoor Air/Water QuRiity Surveys 1709 Rimpau Avenue. Suite 109 Comm, Cali8, n:ta 92881 951 27h'-h73n Phone 951 272-4731 Faaimic amkmtenvepas i il.net November 29, 2005 Erosion Control Specialist 16761 Viewpoint Lane 474 Huntington Beach, California 92647 Attn: Jason Locklin Re: Asbestos Building Material Survey for the property located at: #1 Poppy Trail Road (Guest House) in Rolling Hills, California. To Whom It May Concern: Mr. John L. Payne an Ambient Environmental, Inc. representative and an EPA accredited AHERA inspector for Asbestos Containing Material (ACM) conducted an asbestos building materials survey for the above referenced location on November 25, 2005. Ambient Environmental, Inc. first conducted a visual inspection of the guest house to identify building materials that were to be impacted during the demolition project. Once the visual inspection was completed, each building material was then categorized into homogeneous sampling areas. Homogeneous sampling areas are defined as areas in which suspect building materials are uniform in texture, construction and/or- application date, as well as general appearance. Representative bulk samples were collected from each homogeneous sampling area. All bulk samples were collected using Environmental Protection Agency (EPA) sampling procedures as defined in. the Simplified Sampling Scheme for Friable Surfacing Materials USEPA, 1985 and the Asbestos Hazard Emergency Response Act of 1986 (AHERA) located in 40 CFR part 763 per EPA guidelines. Reasonable care was taken to avoid any accidental fiber release into the building environment. All bulk samples were analyzed for the presence of asbestos by an independent laboratory. The independent laboratory is accredited by the American Industrial Hygiene Association (ATHA), The National Institute for Standards and Testing (KIST) and the National Voluntary Laboratory Accreditation Program (NVLAP). Six bulk samples were submitted and analyzed by Polarized Light Microscopy (PLM) method. Quality Control (QC) programs was strictly enforced to assure accuracy of sample results. 1 *Angeles Chicago 'kw "fork F7noirta Current Federal USEPA Regulations define a material to be asbestos containing at 1% by weight. Current State of California regulations define a material to be asbestos containing at O.l% by weight, Therefore, any sample reported as containing a trace amount of asbestos is assumed to contain asbestos. The following is a list of materials sampled within the property and laboratory results: Material Laboratory Results Square Footages Interior Plaster A Non betected N/A Exterior Stucco Non Detected N/A Ambient Envirorunental Inc. warrants that our services are performed, within the limits prescribed by our client, with the usual thoroughness and competence of the engineering profession. Please contact the undersigned with your questions and/or comments regarding the sample result and/or location of material. Sincerely, Signed for •.' « t Environmental, Inc. by Mr. L. Payne Pri ./pal C. #93-1226 acbment PROJECT: CLIENT: LOCATION: TECHNICIAN: AMBIENT LABS, INC_ 159 WEST 25TH STREET NEW YORK, NY 10001 NY ELAN na63 CA ELAP 6 9739 NVI,AP 9101619 BULB SAMPLE LABORATORY DATA REPORT L042037#052067 AMBIENT ENVIRONMENTAL INC. #1 POPPY TRAIL ROAD ROLLING HILLS, CALIFORNIA JOHN L. PAYNE LABORATORY ID NO. FIELD ID NO. #01 B05063500 # 02 8050635501 # 03 805063502 # 04 1805063503 # 05 B05083504 # OS B05063505 DESCRIPTION KITCHEN INTERIOR PLASTER COLOR: GRAY MAIN AREA INTERIOR PLASTER COLOR: GRAY BEDROOM INTERIOR PLASTER COLOR: GRAY FRONT EXTERIOR STUCCO COLOR: GRAY BACK EXTERIOR STUCCO COLOR: GRAY SIDE EXTERIOR STUCCO COLOR: GRAY COLLECTED: 11/25/2005 DATE REC'D: 11)28/2005 TIME REC'D: 11:12 AM ANALYZED: 11/28/2005 ASBESTOS PRESENT SAMPLE CONSTITUENT PERCENT OF SAMPLE NO (P) CELLULOSE 19.0% NON -FIBROUS 81,0% 100.0% NO (F) CELLULOSE 19.0% NON -FIBROUS 81.0% NO (P) 100.0% CELLULOSE 19.0% NON -FIBROUS 81,0% 100.0% NO (P) CELLULOSE TRACE NON -FIBROUS 100,0% 100.0% NO (P) CELLULOSE TRACE NON -FIBROUS 100.0% 100.0% NO IP) CELLULOSE TRACE NON -FIBROUS 100.0% (P) ANALYSIS BY POLARIZED LIGFIT MICROSCOPY (PLM) US EPR161X1/R-931116, JULY 1898 (T) ANALYSIS BY TRANSMISSION ELECTRON MICROSCOPY (TEM) NYS DEPARTMENT OF HEALTH ELAP MEmoo 195.4 TRACE .. 0,1% 100.0% PAGE 1 OF 1 BUILDING ADDRESS: # f/ s:~tc SAMPLE LOCATION SAMPLE METHOD: PLM Ambient Environmental, Inc, Asbestos and Lead/Field Services indoor Air Quality Study Phase I Site Assessments Lab Services 1709 Rimpau Avenue, Suite 109 Corona, California 92851 *Tel: 951-272-47`30 *Fax:95I 272-4731 ASBESTOS BULK SAMPLE LOG Page �f_ CLIENT ADDRESS: — 'r ` {'Y' PROJECT NUMBER: .r« ' •� ='�,,eti TECHNICIAN:PRIORITY: 14 -HR 3 -DAY 5 -DAY DATE COLLECTED: _I/ 2. -1 --at OTHER A' OF CUSTODY DRAFT following discussion, City Manager Nealis indicated that he would continue to discuss this idea with Rolling Hills Estates to determine if services can be implemented in the afternoon only and report back to the City Council. Councilmember Black indicated that he would contact some Rolling Hills residents to survey crossing activity. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black queried if extended work hours for the RHCA Poppy Trail Road project were being implemented. City Manager Nealis explained the previous action of the City Council to allow the RHCA to establish extended work hours for their project as requested, and commented that the grader reported to him that there were some difficulties in coordinating the activities of two shifts for this project, but that the grader felt that good progress was being made. City Manager Nealis commented that the grading currently being done is under the RHCA contract. Councilmember Black indicated that he may contact the RHCA. Mayor Pernell reported that the Sanitation District started a new program for students called "Sewer Science. Program MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis reported that he had no new evidence that the owner of #1 Poppy Trail had taken any of the actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. City Manager Nealis reported that Caballeros was going to host a 25 -year membership celebration in the City Council Chambers in November. City Manager Nealis reported that following the report from the West Vector Control District that a tick positive with Lyme Disease was found in the Purple Canyon, Mrs. McDonald, 30 Caballeros. Road, was reportedly bit by a tick over the weekend in that area and that she was being treated by her physician who may elect to send the tick to a lab for testing. In response to Mayor Pernell, City Manager Nealis indicated that Caballeros and RHCA were notified immediately after the information was presented to the City from the District and the trails have been posted per the instructions from the District. In response to Councilmember Black, City Manager Nealis explained that the person believed to be responsible for the recent thefts in the City was arrested. Minutes City Council Meeting 10/24/05 • C14 opeoee q �re� • 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: 11-A Mtg. Date: 10-24-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. DATE: OCTOBER 24, 2005 BACKGROUND During a public hearing at the regular City Council meeting held Monday, September 26, 2005, the City Council declared a public nuisance at 1 Poppy Trail and ordered specific winterization measures to abate nuisance conditions caused by land movement activity in March, 2005. According to the Resolution adopted by the City Council, the property owner, Mr. Alan Sheen, was to provide a plan and schedule of implementation of the mitigation measures within 10 days from the date of the adoption of the Resolution (by October 6, 2005) and begin implementation of that plan by October 10, 2005. Mitigation measures are to be completed by November 10, 2005. At the October 10, 2005 City Council meeting, staff provided a status report indicating that a mitigation plan and schedule of implementation had not been submitted to City Hall by October 6, 2005 and that there was no evidence of implementation of any mitigation measures by October 10, 2005. Staff will provide a status report regarding this subject at this evening's meeting. CRN:en 10-24-051 PoppyTrail-stn.doc LJ Pnrited on Recycled Paper. MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis explained the actions that were required to be implemented by the owner of 1 Poppy Trail and indicated that to date, the property owner had not taken the required actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. Minutes City Council Meeting 10/10/05 -2- • Ciy a� s2 llinS �Pe, • 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: 11-A Mtg. Date: 10-10-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. DATE: OCTOBER 10, 2005 BACKGROUND During a public hearing at the regular City Council meeting held Monday, September 26, 2005, the City Council declared a public nuisance at 1 Poppy Trail and ordered specific winterization measures to abate nuisance conditions caused by land movement activity in March, 2005. According to the Resolution adopted by the City Council, the property owner, Mr. Alan Sheen, was to provide a plan and schedule of implementation of the mitigation measures within 10 days from the date of the adoption of the Resolution (by October 6, 2005) and begin implementation of that plan by October 10, 2005. Mitigation measures are to be completed by November 10, 2005. Staff will provide a status report regarding this subject at this evening's meeting. CRN:mlk 10-10-051 PoppyTrai(-sta.doc 0 @Printed on Recycled F'>rnrtr 1''f PUBLIC HEARINGS CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90- B-RH). OWNER: ALAN SHEEN G,G• 2(or City Attorney Jenkins outlined the procedures for the conduct of the public hearing and swore in the City's contract representatives who would provide testimony in this matter; Mr. Mike Reader, Group Delta Consultants; Mr. Ross Bolton, Bolton Engineering and Mr. Roy Itani, Los Angeles County District Engineer. He noted that the Attorney representing the property owner of 1 Poppy Trail has arranged for a court reporter to be in attendance and that as customary at City Council meetings, the proceeding will be tape-recorded. City Manager Nealis presented the staff report providing background regarding the landslide that occurred in March 2005, the condition of the property at 1 Poppy Trail as well as the request by the City for the property owner to perform winterization measures on his property to minimize water from entering the slide mass as recommended by the City's Consulting Geologist. He also outlined the provisions in the Municipal Code, Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance and Rolling Hills Municipal Code Section 8.28.010 which 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. He explained that Mr. Mike Reader of Group Delta Consultants will provide testimony regarding the landslide condition and recommended abatement measures including the need for water infiltration prevention and that Mr. Ross Bolton of Bolton Engineering will provide testimony regarding drainage modifications and other safety measures to achieve the recommendations outlined by Mr. Reader and that Mr. Roy Itani, District Engineer of Los Angeles County will provide testimony regarding the hazard posed by the existing guesthouse on the property. City Manager Nealis pointed out the area of the slide on an aerial photograph taken just after the slide occurred which depicts the guesthouse on 1 Poppy Trail and the blockage of Poppy Trail Road. He also provided photographs taken on September 19, 2005 depicting the condition of the guesthouse, exposed drainage devices above the slide mass and fissures on the property. He indicated the property was inspected on September 19, 2005 and again on September 26, 2005 from the perspective of the City property just below 1 Poppy Trail and that there was no evidence that the recommended winterization measures had been implemented by the property owner. Mayor Pernell opened the public hearing and called for testimony. Mr. Mike Reader, Group Delta Consultants, summarized the evaluation of the landslide on Poppy Trial. He pointed out various areas on the aerial photograph and indicated that a large part of the slide is within an ancient landslide. City Manager Nealis provided a copy a letter dated September 21, 2005 prepared by Mr. Reader regarding the continued movement of the landslide to those in attendance. Mr. Reader commented on his letter of September 1, 2005 outlining recommended winterization measures that need to be implemented on 1 Poppy Trail and other surrounding properties to prevent water infiltration into the slide mass. Mr. Reader commented on the September 21, 2005 letter in which he explains the installation and monitoring of inclinometers. He explained the diagrams included in the letter and pointed out the approximate location of the inclinometers on the map. He reported that monitoring of the inclinometers indicate that the landslide is continuing to move. In response to Mayor Pernell, Mr. Reader further explained the areas of the active slide and the ancient slide which extends beneath the building pad on 1 Poppy Trail. Mr. Reader further explained the recommended winterization measures that need to be completed on 1 Poppy Trail. He indicated that cracks have been observed which indicate movement and stated that these cracks need to be sealed to prevent infiltration of water into the slide, to prevent acceleration of the slide. He commented on the recommended flattening of the head scarp and the proposed drainage improvements to prevent an increase in the rate of movement of the landslide. In response to Mayor Pernell, Mr. Reader indicated that water Minutes City Council Meeting 09/26/05 -4- I 1 from recent rains have probably infiltrated into the slide and that water service has been turned off at 1 Poppy Trail. Councilmember Black commented on previously observing wet ground at 1 Poppy Trail prior to the property owner rescinding permission for the City to access to his property. Mr. Craig Collins, attorney for the owner of 1 Poppy Trail, queried Mr. Reader regarding his opinion on whether there is a nuisance that needs to be abated at 1 Poppy Trail. Mr. Reader explained that the nuisances are outlined in his letter of September 1, 2005 with recommendations to prevent water in the coming winter from entering the landslide and causing it to accelerate. Mr. Reader indicated that water and geologic instability are both nuisances that he feels need to be abated. Mr. Collins further questioned Mr. Reader regarding the expectation of a catastrophic event in the area, and the grading that would need to be completed to flatten the head scarp. Mr. Reader, at the request of Mr. Collins, highlighted the area of the head scarp in orange marker on the topographic survey of the slide area and indicated that this work would need to be designed by a civil engineer based upon his recommendations. Mr. Collins queried Mr. Reader regarding his professional degrees, grading plans for the proposal to flatten the head scarp, the effect the flattening of the head scarp would have on the utilities that currently serve 1 Poppy Trail, and his opinion on how much material would need to be removed to perform the grading necessary to flatten the head scarp. After brief explanations by Mr. Reader, Mr. Collins commented on the property boundaries outlined on the topographic survey of the slide area. In response to Mr. Collins, Mr. Reader explained that some grading to flatten the head scarp may need to occur on 4 Poppy Trail and that this work is viewed as only temporary and it is not believed the work would worsen the situation. Mr. Collins further queried Mr. Reader regarding whether a storm water pollution prevention plan had been prepared in connection with the grading and what the costs would be associated with the grading to flatten the head scarp. Mr. Reader indicated that he had no knowledge related to these two questions. In response to Mr. Collins, Mr. Reader pointed out the location of the inclinometers on the topographic survey of the slide area and highlighted them in orange highlighter. Mr. Reader explained the monitoring of the inclinometers. Also in response to Mr. Collins regarding what would happen if the nuisance were not abated, Mr. Reader indicated that water infiltrating into the slide would accelerate its movement and possibly enlarge the slide. Mr. Reader also explained that he feels that the landslide would not threaten the homes further up Poppy Trail if the nuisance were not abated. He said the structure threatened by the unabated landslide is the guesthouse at 1 Poppy Trail and that it has been red -tagged. Mr. Reader stated that the stability of the main house on 1 Poppy Trail has not been studied. Mr. Collins asked Mr. Reader if the residents further up on Poppy Trail have access to their homes. Mr. Reader commented on the temporary ATV and emergency access used by Poppy Trail residents to access their homes. Mr. Collins commented on specific geologic stability measures that could be implemented for the driveway and guesthouse for 1 Poppy Trail to preserve these structures and the factor of safety necessary to restore stability. Mr. Reader indicated that a study would have to be done to determine if these measures would be feasible from an engineering perspective. In response to Mr. Collins regarding the effect of flattening the head scarp would have on the reopening of Poppy Trail, Mr. Reader explained that he does not believe that this would have an effect directly on the reopening of Poppy Trail and restated the objective is to prevent the slide from moving faster or enlarging during the coming winter. He indicated that based on his knowledge of City and County codes that it is very doubtful that any overall repair could be done by the coming rainy season. Mr. Reader also explained that a study had been done to determine if Poppy Trail could be reopened utilizing only City property but that it was not possible without affecting adjacent properties. He said the geometry and elevation of the slide made it difficult to reopen Poppy Trial and obtain a sufficient factor of safety. In response to Mr. Collins, Mr. Reader said that reopening the road and stabilizing the landslide are two different issues. He indicated if the landslide is stabilized it may be possible to reopen Poppy Trail. Mr. Reader said that the City has asked him to look at alternatives for creating access for the residents. Mr. Collins queried Mr. Reader regarding his visits to 1 Poppy Trail. Mr. Reader indicated that he last visited the property several months ago. Also in response to Mr. Collins, Mr. Reader indicated that no significant grading has been done in the vicinity. He said that vegetation removal, sealing cracks and most recently the construction of ATV access road to the south of the landslide has occurred. Mr. Reader indicated that he is not aware of any stabilization of the slide due to this work. 7' In response to Mr. Collins, Mr. Reader stated that the cause of the slide has not been analyzed. City Attorney Jenkins commented that the purpose of this hearing is to address specific conditions on the property related to the alleged nuisance conditions on the property and not the cause of the landslide. Mr. Collins indicated that he disagrees with City Attorney Jenkins. Mr. Collins commented on Mr. Reader's June 16, 2005 Geological and Geotechnical Report and provided copies of certain pages in that report. He queried Mr. Reader regarding this report. Mr. Reader provided an explanation of the three design alternatives for creating access for the Poppy Trail residents outlined in the report as well as other comments in the report. Mr. Collins commented on the exhibit depicting the photographs taken on September 19, 2005. In response to Mr. Reader, he indicated that a geologist, Mr. Steve Kolthoff, had observed water emanating from the exposed pipes on 1 Poppy Trail. Mr. Ross Bolton, Bolton Engineering, explained the engineering recommendations that are designed to prevent water infiltration into the slide as recommended by the geologist. He pointed out the various locations of proposed drainage devices, sandbagging, crack filling and laying back of the slope for plastic sheeting to cover the head scarp on the erosion control plan designed to keep water from infiltration into the slide. In response to Councilmember Black, Mr. Bolton indicated that a plan would need to be prepared to show the removal of the guesthouse in connection with the laying back of the head scarp. City Manager Nealis explained that procedurally the property owner of 1 Poppy Trail has been put on notice of his responsibility for the removal of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Bolton explained that the plan that he is creating is being produced in case the property owner of 1 Poppy Trail does not complete the recommended winterization measures on his property. Discussion ensued regarding the ancient landslide on 1 Poppy Trail. Mr. Reader explained the areas of the ancient and current landslides at 1 Poppy Trail and pointed them out on the plan. Mr. Reader explained that the head scarp would erode under the guesthouse if it rains. Mr. Collins queried Mr. Bolton regarding his professional training and his role in connection with the 1 Poppy Trail property. Mr. Bolton explained the aerial photograph that had been taken encompassing the property at 1 Poppy Trail and the creation of a plan and a study of a preliminary erosion control plan to divert water around the landslide. Mr. Collins commented on the grading proposed on the erosion control plan and the amount of grading done in the area to date. Mr. Bolton indicated that he did not have the quantities of soil and that Mr. Dutch Phillips had conducted some grading in the area. Mr. Collins also queried Mr. Bolton regarding the permitting of the work to be done in the area, the factor of safety of the slope, and FEMA's involvement. Mr. Roy Itani, District Engineer, Los Angeles County Department of Building and Safety, provided an explanation of inspections and red -tagging of the guesthouse on 1 Poppy Trail. He indicated that the landslide had damaged the guesthouse and that it was unsafe. He said that the property owner had not submitted plans to the County for repairs to his property. In response to Councilmember Black, Mr. Itani explained that the property owner has the option of presenting a plan to the County to allow the guesthouse to remain on the property. Mr. Itani indicated that a geological study would have to be reviewed by the County before the guesthouse can be repaired. Mr. Collins queried Mr. Itani regarding the guesthouse stability and the process of red -tagging the guesthouse. Mr. Itani indicated that the guesthouse causes a danger to the public. Mr. Itani explained that the County does not have records approving the construction of the guesthouse structure at 1 Poppy Trail. He stated that the County's records show the construction of a stable. In response to Mr. Collins, Mr. Itani indicated that general observation of the structure does not support that it is being used as a stable. Mr. Collins further discussed the landslide with Mr. Reader. Mr. Reader explained that he has not determined if the ancient landslide is moving. He further explained the current landslide and indicated that it is part of the larger ancient landside. In response to Mr. Collins, Mr. Reader explained the location of the temporary access road and the impact of the guesthouse should it fail. Further discussion ensued regarding the need for the temporary access for residents to access their homes. In response to City Attorney Jenkins, Mr. Collins indicated that he does not intend to present any witnesses in this matter. He said he would like to make some remarks. City Manager Nealis identified the documents that have been referred to or discussed at the hearing, which include the staff report dated September 26, 2005 with attachments, the photographs taken on September 19, 2005, the aerial photograph, the cross -sections that are referenced from the Group Delta Consultants study that was provided to the City Council on June 27, 2005 and the map showing the cross sections from that document. Mr. Collins numbered the exhibits on display this evening consecutively. Mr. Collins commented on the landslide and indicated that the property owner of 1 Poppy Trail did nothing to cause the landslide. He stated that he feels the slide was caused by the construction of Poppy Trail Road that undermined the stability of the slope. He indicated that he feels that it is unfair to the owner of 1 Poppy Trail that the fix is to destroy the access to 1 Poppy Trail in order to restore the access to Poppy Trail residents. He stated that a better solution would be to repair the landslide to save 1 Poppy Trail and to restore the access to the Poppy Trail residents. • Mr. Collins stated that he has no objection to the initiation of plastic sheeting and sealing cracks. He indicated that he objects to the grading to flatten the head scarp and removing the guesthouse and commented on the notice provided to the property owner about the winterization measures. He stated that it was not possible for the property owner to comply with the notice. Mr. Collins indicated that the property owner has cooperated in every way possible and commented on the access agreement provided by the property owner when the landslide occurred. He said that he feels that the property owner of 1 Poppy Trial has been hurt most by the landslide. He suggested that the City establish a geologic hazard abatement district to deal with the landslide or the City should bare the costs, as repairs will benefit the residents of the City. Mr. Collins said that the property owner is willing to cooperate with the City in creating a real fix to solve the problem to everyone's benefit. In response to Mayor Pernell, Mr. Collins stated that the property owner is willing to allow the City access to implement the plastic sheeting and that he does not know if the property owner would allow access for grading to flatten the head scarp because it requires the demolition of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Collins indicated that the property owner has consulted with an engineering firm and they have been advising him on how to save his driveway and guesthouse. He stated that no reports have been produced and that this consultant has made no direct contact with a geologist or the county about a particular proposed plan to stabilize the driveway and guesthouse. Mr. Collins stated that the property owner views this situation as the City's problem to fix. Mayor Pro Tem Lay commented on the request from the City to the property owner in July regarding winterization measures to be completed on the property and the fact that no effort has been made to complete this work. Mr. Collins expressed that the property owner feels that the City should pay for this work. Councilmember Heinsheimer commented on the September 2, 2005 letter to the property owner outlining the winterization measures that must be completed on 1 Poppy Trail. In response to Councilmember Heinsheimer, Mr. Collins indicated that the property owner would allow the City to complete items 1, 4 and 5 on the property and that items 2 and 3 are unfair and should not be done at all. In response to Councilmember Black regarding the observation of damp soil at 1 Poppy Trail, Mr. Collins stated that the property owner had never stopped the City from accessing 1 Poppy Trail. He said the City had temporary access to complete emergency repairs and that once that work had been done that he had revoked the access and that he indicated at that time if the City needs further access in the future to let him know. Mayor Pro Tem Lay commented on the geologic concern about the guesthouse and the impending rainy season. Mr. Collins indicated that the property owner would support a design of a permanent fix of the slide and the road. He commented on the plastic sheeting to seal the landslide from further water infiltration and that the goal of the property owner is to have the landslide completely fixed. City Manager Nealis restated the purpose of the public hearing which is the abatement of the nuisance as described in the letter dated September 2, 2005 to the property owner at 1 Poppy Trail based on the recommendations of the City's Consulting Geologist to prevent water infiltration into the existing landslide condition. He stated that a permanent fix to the landslide is not being entertained at this time nor has anyone proposed one to the City. City Manager Nealis explained the Municipal Code Sections relating to landslide activity and abatement of nuisances. He stated that the purpose of the correspondence to the property owner of 1 Poppy Trail was to direct that the recommendations of the Consulting Geologist be implemented. He reiterated that there has been no evidence that these recommendations have been implemented since the first letter was forwarded to the property owner in July or M since the second letter was forwarded to the property owner on September 2, 2005. He commented on the City's goal to cause the property owner to winterize his property. He indicated that the City would be implementing measures to winterize the City property. He also commented on the lengthy process to move forward with an overall fix of the landslide. Discussion ensued regarding the winterization recommendations outlined by the City's Consulting geologist and a process for completing these recommendations. Mr. Reader indicated that he feels that all of the recommendations are necessary. Hearing no further testimony, Mayor Pernell closed the public hearing. Councilmembers discussed the nuisance abatement process and how to best assure that the recommendations of the consulting geologist are implemented. Mayor Pro Tem Lay stated that the feels that it is clear that the conditions on the property has potential to accelerate the landslide and that is a public nuisance pursuant to the Municipal Code. Discussion ensued regarding the time frame to abate the nuisance by completing the corrective measures. Councilmembers concurred that the winterization must be completed as soon as possible. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council declare the property a 1 Poppy Trail to be a nuisance and order the abatement of the nuisance. Mayor Pro Tem Lay seconded the motion. City Attorney Jenkins presented a draft resolution for consideration by the City Council declaring a nuisance and ordering the abatement of a nuisance. Discussion ensued regarding the resolution and the time frame to complete the work outlined in Section 6. City Manager Nealis indicated that staff would provide a report regarding the implementation of winterization measures at the next regular meeting of the City Council on October 10, 2005. The City Council reviewed the findings in the resolution and concurred that the evidence that they had received during this proceeding supports the findings. Following discussion, Councilmember Heinsheimer amended his motion and Mayor Pro Tem Lay amended his second that the City Council adopt the resolution presented by staff declaring the condition of the property at 1 Poppy Trail to be a public nuisance and ordering the abatement thereof and amended Section 6 of the resolution to include that the property owner prepare and submit a written plan providing for implementation of the corrective winterization measures to the City within ten days of the adoption of the resolution, commence implementation of the plan and performance of the corrective measure on or before October 10, 2005, and that the corrective measures be completed by or before November 10, 2005 and that the City reserves the right to proceed with the nuisance abatement provisions of the Code if after 30 days from adoption of the resolution the property owner has failed to proceed as required. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. 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 -RI -I), 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 installing temporary drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The noticedirectedthat 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 noticeof substandard property at the, site apprising the property owners of the unsafeand unsightly conditionsthat 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 submit evidence 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, waterfeature, stable, tenniscourt 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 engage 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 of the active landslide. The guesthouse's concrete foundation was damaged . in the landslide, and it continues to sufferdamage 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 ' 1 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 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 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 e Mayor ATTEST: Cra3'g R. Nealis City Clerk 'y. Resolution No. 996 -2- f 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 HILLS DECLARING THE CONDITION. OF. THE PROPERTY LOCATED AT 1 POPPY TRAILTO. BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT ;THEREOF. . was "approved andadopted at a regular meeting -of the tity Council on September 26, 2005, by the following roll call vote: AYES: Councilmembers Black, Hensheimer, Hill, Mayor Tro Tem Lay and Mayor Pernell: NOES: None. ABSENT None: ABSTAIN: _ None. raig R. Nealis City Clerk Resolution No. 996 EXHIBIT A City of Roftny September 2, 2005 VIA CERTIFIED AND REGULAR MAIL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377.7288 E-mail: cilyolrh@aol.com Mr. Ying Ching Sheen Mr. Alan Sheen Mr. James Sheen 1 Poppy Trail 1 Poppy Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: 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. Resolution No. 996 -4- Page 2 We have forwarded this correspondence to all of the known addresses we have regarding this property. We trust that byprovidinga 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 hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 09-29-05shrrn-Ur.dot 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 GROU[ DELTA k .J. a'Lkt►1:k .1 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, 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 trait 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. :., • ♦www.GrounDelta.cont♦ S _ Resolution No. 996 -6- CROUP DELTA truivuuia L-599 DI Group Delta Consultants. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Poppy Trail Landslide City of Rolling Hills 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 se& 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 met& or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices shouldconvey 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 Resolution No. 996 -7- L-599 DI Poppy Trail Landslide Group Delia 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 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. GROUP DELTA [taxm r to a Resolution No. 996 -8- . L-599 D1 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. Kolthoff, PG, CEG N:\ Projects\ 500.599\L-599 Rolling Hill Poppy Trail Landslide \L -599A Poppy Trail Slide \ Documents \L-599 RH Poppy Trail Landslide - Letter Repon t!?.doc GROUF r DELTA ttu.savLL17A Resolution No. 996 -9- 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: 7.2 o{ I `oLLGnq ✓VifL3 i,,.... .. _i rc. ...:11:: 44. ,4.7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310(377.1521 FAX: (310) 377.7288 -Email: cilyolrh aol.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, Craig R. Nealis City Manager CRN:mlk 07-11.05> d ro r- R r. d o c cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10 GI:OUP March 22, 2005 Project No. L-599 DELTA City of Rollin Hills ts��:t-i�lt,ro;�fi 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. • u IA w.C7roupl)clia.c•om 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 D I_ LTA 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. GROUP r DELTA Resolution No. 996 -13- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills Closure 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 L-599 RH Poppy Trail Landslide - Letter Repon pl GROUP DELTA Steven H. Kolthoff, PC, CEG Resolution No. 996 -14- L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills :-:`-'•'., ;)%t�. o /i �. •/�'-.A%'J .,/::•, tit'-• •- v.. '�/• "r i .�% �.'';iX�! : : y.. • ati:a ..!.....;„:‘,..4.:::•,....,:;;;,./..;.,-.• e r, o ���/ �f• • %. Czi •1.274. • ,I, i''t . � ^J - A l i,' \. rt o , / aii;/� / ': ��.0 C. � %•----- '•./! ,.. /,/• •fat.:•/'v1 71'4 \\:'�•' i o \• : : • 1 r ;_ • i Cj. / _ r Project Site S�c_v !may. U ` l �. �� � �: 1 "� ,. • '? 1; .: is il ) .- 1�j =' :- ,..\-!4;,,_.-:,..„.... : ..,-?,•,;,-;,. .--.... •' °� - --: F /.'. -• . , I! l r ';'' .�;..t! !. ' V. • - 1-_--. =---t.c%` lr;�\;�• L ,..--// �� •.'-.. list: � ,'-6,999V �a / 1,..?„,...., -• .::.,`'-`!:c`=`: t'��~•"ti it yam,` i I •, . \ —� 3.oI- .s. `, 1, t rcl- `'iii �' i.- t\•`.�: ` �\\�`\ '1;! i ! • :�`� lam) �L�/.�_; \ \! '\%=i``a:. i - /' flier: �' o.�..t 1' I• '/ z•'N-c o' 1y�t • /3 oa - - 1 i'. ' ''.l a na,=�.._'-'4.7�.-13t ,,. ��• (t \t..�. l' — •'r� /1 ?•'• -:..:-4-;, \ '�. Vii' �: 21';-:%:,:-:/ . j5 (� � /, •.. • • f. �. \.. • ... v▪ !....i.7.:•-•--.0%. ,_•�:,r,o �:• ''`�i/ ...72.....! .6• ._ N`1� .' mil. w •inv 1It "'._� ' ,•fir Printed from TOPOI 01997 Wildflower Productions (www_topo corn) - ViCIn17Y MAP Group Delta Consultants, Inc. Project Number: L-599 Project Name: Poppy Trail Landslide Figure Date: 03/24/2005 GROUT' r E) ELT:\ Resolution No. 996 -15 L-599 Group Delta Consultants. Inc. Poppy Trail Landslide City of Rolling Hills DELT:\ 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 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. Managermay 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 statethat 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 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 costof 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 legaldescription 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 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 maycause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate . and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). 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 tobe 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- • • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aot.com Agenda Item No: 6-A Mtg. Date: 09-26-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN DATE: SEPTEMBER 26, 2005 BACKGROUND Over the weekend of March 5-6, 2005 a landslide event occurred involving the improved property at 1 Poppy Trail, an unimproved parcel at 4 Poppy Trail and City property. On March 7, 2005 City staff and representatives of the County of Los Angeles inspected the slide which resulted in the guesthouse at 1 Poppy Trail being declared unsafe for occupancy. The guesthouse was "red -tagged" by the County of Los Angeles. In conjunction with the initial emergency response, the City hired the geology consulting firm of Group Delta Consultants to prepare a geological report on the slide, access plan and recommendations for initial and future mitigation. That report was presented to the City Council on June 27, 2005. Copies of the geologic report were forwarded to the property owner. On July 12, 2005, correspondence (attached) with a list of initial mitigation measures recommended by our Consulting Geologist was sent to Mr. Sheen requiring him to implement the mitigation measures by September 15, 2005. On September 2, 2005, additional correspondence (attached) was sent to Mr. Sheen regarding the necessity to implement the initial and further recommended mitigation measures by September 15, 2005 pursuant to Rolling Hills Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. Mitigation measures to be completed by Mr. Sheen by September 15, 2005 included the following: -1- C) Prit;ted on Recyded Paper • 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. These safety measures are further described in correspondence (attached) dated September 1, 2005 from Mr. Mike Reader of Group Delta Consultants. Rolling Hills Municipal Code Section 8.24.050 states that "If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof." The purpose of this public hearing is to determine whether Mr. Sheen has taken appropriate action to abate the nuisance as described in the attached correspondence. City staff will describe if any implementation of the mitigation measures appear to have been taken at 1 Poppy Trail. Mr. Mike Reader of Group Delta will provide testimony relative to the landslide condition and recommended abatement measures including the need for water infiltration prevention. Mr. Ross Bolton, Engineer, Bolton Engineering will provide testimony relative to drainage modifications and other safety measures to achieve the recommendations outlined by Mr. Reader including preventing water infiltration. Testimony will also be provided from Mr. Roy Itani, District Engineer, County of Los Angeles, relative to the hazard posed by the existing guesthouse on the property. Testimony may also be provided by the property owner, his representative or other interested parties. RECOMMENDATION It is recommended that members of the City Council open the public hearing, consider all testimony and provide appropriate direction to staff at the close of the public hearing. CRN:mlk 09-26-051 poppytrail-sta.doc • • City o/(2?P,.g Jhff 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: cilyofrh@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. 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 hesitate to call. Sincerely, 4 Craig R. Nealis City Manager CRN:mlk 03-29-05shrcn-1 t r. dot 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 September 1, 2005 Project No. L-599 D1 DELTA t emi.1elian.tt,i 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. E• w ww.GrouoDelta com c. G ROC I' DELTA L-599 D I Group Delta Consultants. 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 landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. Poppy Trail Landslide City of Rolling Hills 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. 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 Delta Consultants. Inc. 3 Poppy Trail Landdidc 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 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. GROUP DELTA reb15lu t ms a L-599 Dl Group Delta Consultants. Inc. 4 Poppy Trail Lzndslide 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. Kolthoff, PG, CEG N:\Projects\500-599'\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Docurnentsr:L-599 RH Poppy Trail Landslide - Letter Report #2.doc GROUP DELTA (at)alr.kr.1��9 •Civ leolfin GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS E HEINSHEIMER Councilmemher FRANK E. HILL Counulmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear h'1r. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 13101377.1521 FAX:13101 3 7 7-7 2E8 C -marl plyolrh.7 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 . The i completed mitigation measures number 1 and 2 (2.0 ,ation measures. City RECOMMENDATIONS) described in the attached letter. TERI\i 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, f/f/e/ Craig R: Nealis City Manager CRN:m1k 1)7-11-o5sheen-1rr.ifoc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering March 22, 2005 \ DL. LTA\ tkort.-iiikIJ;Irtij City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Project No. L-599 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 Po Landslide of March 1 1, 2005. Our understanding Pct Trail 9 of the recommendations are outlined below. We not yetas project and med geologic mapping, subsurface exploration, laboratory analyses or engine any detailed 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 affectedcy 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 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 w horse trail located down slope from the current road. as using a f a 4 V,11%%.(1'01:1,1)( ::!. ,. !l 4 CROUP DELTA I_ -i0) ) L r'" ry Trail I.:mhl•Iiie Gimp DiltaCt..ult:uits. Inc. City of , Iliu;ihil: The slide mass has numerous fractures, mostly in the central observed to extend depths estimated to be up to 20 feet deep. h ton, that ,also displaced and removed a paved e R• The. slide has also within the guesthouse foundation,dwhich has swaibeen exe near llosslope. The head scarp falls Angeles County officials. exposed and red tagged bylos Many irrigation lines and concrete paved slope drains were note portion of the landslide. Irrigation lines, a collector pipe roof din the central runo guesthouse footing and wall debris were noticed in theoarea of the t next to e foundation head scarp. guesthousse Since the original site visit, local residents have constructed an acces Poppy Trail which was covered with Crushed Miscellaneous Base s road below access road was used to drive the blocked residence automobiles into n o(C�aB This new safe the other side of the landside and to attempt to improve area on Vehicle (ATV) use. Lights have been stung along thetrailwith extennsion for c and florescent light bulbs. A water hose was a cords and The hose was used for dust control and for thed attemptresidencesong the atoil � water proper compaction of the sand and gravel. to achieve 2.0 SHORT-TERM RECOMMENDATIONS Currently, CDC is in the process of performing detailed mapping landslide. However, at your request and recognizing the emergency aspect oof f f the situation, it is recommended that several steps be taken. the 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltra i remove the risk of someone slipping and/or falling. he ton and toy pushing soil into the cracks and track rolling the soil oa tight bcompactiachievon by 2. During the bulldozer grading the resulting drainage. Any large trees and brush on surface theslide shouuld e sloped for removed. The City should consider putting tempora ngry be cnt the headscarp and a catchment fence along the toe of the landslide. ndslid .behind the 3. With time and weather permitting, UV resistant plastic shee tin placed over the head scarp and in the two graben areas as a minimal action should be to prevent water from entering the landslide mass and to prevent erosi The landslide should eventually be completely oc extending over the edges of the landside. covered with the plastic plastic sheeting should be diverted away from the landslide to preDrainage vent vef nt «ate from accumulating on the landslide mass and to protect the temporary r cos road below Poppy Trail. P ry access L -c' Grr+nh Dc lla Cunsn t:!nt:. Inc. I'" I'I`y I t;!tl I_:ntd'l!.Ic ("its' f I Ilia_ 1611: 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. S. 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 and even redirecting the roofgutter down s 9 al ofdr and pouts 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 hiah. This scar is hi hlv unstable and care should taken durin an bulldozer work, lastic sheetin or sandba in to not further de -stabilize the scarp, or endanger personnel by working too close to the top or bottom of the scam. 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. GROUT' LT:\ 5,717.7;k rx GI011p Rrlfac'r•n ulrnnr.. Inr. Closure I'`•1'I'y I'rnl I.:nJ liJ� City of Rnllin, I lill> This letter summarizes the opinion of GDC, based on the limited walkover observation of the landside conditions and the limited review of and references. We have not as yet performed an detailedy geo the subject subsurface exploration, laboratory analyses or engineering callcuat calculations. Rather, our ur gic evaluating the role has only been to advise the City on an emergency basis to aid in mapping, overall safety of the subject slide and the affected residences. As such, this letter is based only on our obsenrations, preliminary judgment, and a cursory review of published geologic reconnaissance, professional 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 hesita contact Group Delta Consultants, Inc. at 310-320-5100. to to Respectfully Submitted, GROUP DELTA CONSULTANTS, INC Michael D.Reader, NT, GE Steven H. Kolthoff, PG, CEG I-->')') RI I Popp) Trail Land.Iidr - I.eurr Rrpnn r.I CROUP Group D Ita C rn.tiIt:Int<. Project Numtxr: Project Marne: C1atc: CROUP 1)1-1:1-:\ L_5o9 Poppy Trail Lnnri..Iide 03,24.1005 Poppy frail I.:nt,lii0e City of Rnllin_• fills AERIAL mum OF POPPY TRAIL LA,MM.SI[)L AREA (Photo (\larch 20(14) ROLLING RILLS 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 property. Notice to abate nuisance. 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 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, which shall be set for the regular meeting of the Council next following the expiration 'of the fifteen -day period. (Ord. 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as,required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien: If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 §1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 §1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 §1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with theprovisionsof Chapter 8.24. (Ord. 190 §1(part), 1981). 7. 1 a 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. 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: jcotti@localgovlaw.com 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 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA [PROPERTY OWNED BY ALAN SHEEN, YING CHING SHEEN, AND JAMES SHEEN] Warrant Case No. DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CRAIG R. NEALIS I, CRAIG R. NEALIS, declare as follows: 1. I am the City Manager for the City of Rolling Hills. I have held that position for all times relevant to the present matter. I have personal knowledge of the laws and regulations of the City of Rolling Hills with respect to Building and Zoning Codes, and other laws and regulations relating to public health and safety. 2. " I am familiar with the property located at 1 Poppy Trail Road, Rolling Hills, California (the "Property"). I have personal knowledge of the facts contained in this declaration, and if called upon to testify, I could and would do so competently. 3. On Monday, March 6, 2005, I was alerted to a significant landslide that occurred in the area of Poppy Trail Road near Portuguese Bend Road. The landslide occurred over the weekend of March 5-6, 2005. 4. The landslide completely blocked Poppy Trail and affected the improved Property at 1 Poppy Trail, the unimproved parcel at 4 Poppy Trail, and City property. Along with members of City staff and representatives of the County of Los Angeles, I inspected the landslide and surrounding properties. Inspectors from the County of Los Angeles determined that the unpermitted guesthouse at 1 Poppy Trail was unsafe for occupancy and "red -tagged" the structure. 5. The landslide originated below the unpermitted guesthouse at the rear of the Property. The landslide measured 300 feet long, 150 wide, and had a vertical head scarp extending 30 feet below the graded pad of the unpermitted guesthouse. The landslide's mass had numerous fractures at its center that extended to a depth of 20 feet. Poppy Trail Road was overridden by landslide debris and access to other residences on Poppy Trail by homeowners could only occur via a horse trail located downslope from Poppy Trail. 6. Recognizing that an emergency situation existed on the Property, we immediately employed a geotechnical and geological engineering firm, Group Delta Consultants, to assess the extent of the landslide, to assess whether the landslide was continuing to move, and to recommend DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT • 1 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 measures to prevent any further movement. 7. On March 22, 2005, the City's consulting geotechnical and geological engineers provided its Summary and Emergency Recommendations in which it surveyed the overall safety of the landslide and nearby residences and recommended steps necessary to stabilize the slide. This Summary is attached at pages 11-14 of Exhibit A, which is a true and correct copy of Resolution No. 996, entitled "A Resolution of the City Council of the City of Rolling Hills Declaring the Condition. of the Property Located at 1Poppy Trail to be a Public Nuisance and Ordering Abatement thereof," dated September 26, 2005. The engineers recommended that certain steps be taken on an immediate basis. These steps included, among others: "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. 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 fencing along the toe of the landslide." Exhibit A, at pgs. 12-13. 8. The City immediately completed these emergency repairs pursuant to an access agreement provided by the Property owners. Other recommendations of the engineers were not performed, including the installation of plastic sheeting and the installation of drainage diversion devices such as sandbags and catch basins. 9. In a letter dated July 22, 2005, I requested that the Property owners complete the other mitigation measures outlined in the engineer's March 22, 2005 Summary. I further advised in the letter that I could assist with the selection of a contractor to complete the necessary work. Exhibit A, DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 2 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 at pg. 10. 10. In their Pre -Road Construction and Winterization Recommendations, dated September 1, 2005, the City's consulting engineers detailed their inspection efforts and found that the landslide was still moving. The engineers based this finding on the fact that they observed traverse cracks that paralleled the toe of the landslide throughout the midsection of the slide and observed diagonal tension/shear cracks along the north lateral scarp. The City's consulting engineers also found evidence that surface water ran off the head scarp onto the landslide mass which had the effect of accelerating the movement of the landslide. The engineers also installed inclinometers to measure the continued movement of the landslide. Exhibit A, at pgs. 6-9. 11. Based on this September 1, 2005 Report, I again directed correspondence to the Property owners on September 2, 2005. Exhibit A, at pgs. 4-5. In my letter, I informed the Property owners that the condition of their Property constituted a public nuisance as defined by the Rolling Hills Municipal Code and, to prevent the aggravation and acceleration of the slide, directed them to: 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. I also directed the Property owners to complete these repairs by September 15, 2005 and further informed them that if they failed to complete these repairs by this date, I would schedule the matter for a nuisance abatement hearing before the Rolling Hills City Council pursuant to Rolling Hills Municipal Code §8.24 et seq. Exhibit A, at pg. 4. 12. On September 21, 2005, the City's consulting engineers prepared a further report which detailed the continued movement of the landslide. Attached hereto as Exhibit B is a true and correct DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21- 22 23 24 25 26 27 28 copy of the Report prepared by Group Delta Consultants, dated September 21, 2005. The Report indicated that inclinometers installed at the site showed displacement in the landslide by as much as one half inch in the two week period between September 2 and September 16, 2005. From September 20 to September 21, 2005, there was significant widening in cracks after brief, measurable rain. After reviewing data from the inclinometers, the City's consulting engineer determined that the landslide is moving at a rate of approximately .3 inches a week. Exhibit B, at pgs. 1-2. 13. City officials again inspected the property on Sept 19, 2005. Based upon this inspection, we determined that the Property owners did not complete any of the winterization measures recommended by the City's consulting engineers. I then placed on the City Council's agenda the nuisance abatement hearing for the Property. 14. On September 26, 2005, the City Council convened a noticed public hearing to consider whether 1 Poppy Trail constituted a public nuisance and, if so, the necessary steps to abate the nuisance. The City Council considered evidence from the City's consulting geologist that the landslide is continuing to move based upon monitoring of inclinometers installed on the landslide. The City's consulting engineer further testified that if the nuisance were not abated, water infiltrating the landslide would accelerate the slide's movement and possibly enlarge the slide. Attached hereto as Exhibit C is a true and correct copy of the Minutes of a Regular Meeting of the City Council of the City of Rolling Hills, dated September 26, 2005. 15. Counsel for the Property owners also participated in the administrative hearing. He argued that, although the landslide originated on his client's Property, the Property owners did not create the landslide and therefore felt that it was the City's responsibility to repair the landslide. While the Property owners did not object to the City's installation of plastic sheeting or sealing cracks at the City's expense, they refused to take any steps at the owners' expense, including removal of the unpermitted guesthouse and paring back the headscarp. Exhibit C, at pg. 7. 16. After presentation of evidence, the City Council found, in part, that: DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 4 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 "Currently, the foundation of the guesthouse is exposed from below and rests at the top of the active landslide. The guesthouse's concrete foundation was damaged in the landslide and 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. 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 in the landslide, .that will continue to adversely impact the stability of 1 Poppytrail as well as that of surrounding properties, roads and trails." Exhibit A, at pg. 1. 17. At the conclusion of the hearing, the City Council declared the Property to be a public nuisance. The City Council ordered that the Property owners submit a written plan that provided for the implementation of recommended emergency repairs outlined by the City's consulting engineer and further ordered the Property owners to commence implementation of the repairs by October 10, 2005. The City Council further ordered that the corrective measures be completed by November 10, 2005. If the. Property owners failed to submit the required report or failed to commence implementation. of the necessary repairs by October 26, 2005, the City Council directed the City Manager to perform the necessary repairs at the Property owners' expense as authorized by Section DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 5 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 8.24.060 of the Municipal Code. Exhibit A, at pg 2. 18. Rolling Hills Municipal §8.24.010 declares to be a nuisance: "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 damage inflicted upon individuals may be unequal." Exhibit A, at pgs. 17-19. 19. Rolling Hills Municipal Code §8.28.010 also defines nuisances in active landslide areas as "[a]ny condition of property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide." A landslide is considered "active" when it is sliding or moving on its own accord. Rolling Hills Municipal Code §8.28.010. Exhibit A, at pg. 19. 20. • The landslide condition of the property, the open crevices and fissures, the exposed irrigation and drainage facilities constitute a nuisance within the definition of Rolling Hills Municipal Code §§8.24.010 and 8.28.010. If the current condition of the landslide were to remain unabated through the 2005-2006 winter rainy season, stormwater will, further infiltrate the landslide and will further destabilize the property and the unpermitted guesthouse, creating a danger to persons and, property in the area. Attached hereto as Exhibit D are true and correct copies of four photographs that depict the severity of the landslide condition. 21. The condition of the unpermitted guesthouse also constitutes a public nuisance within the meaning of Rolling Hills Municipal Code §§8.24.010 and 8.28.010: "the foundation of the guesthouse is exposed from below and rests at the top of the active landslide. The guesthouse's concrete foundation DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 6 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 was damaged in the landslide and 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." Exhibit A, at pg. 1. Attached hereto as Exhibit E are true and correct copies of two photographs that depict the exposed and deteriorating foundation and exposed plumbing. 21. The condition of the Property constitutes a nuisance. Despite several opportunities to comply, the Property owners have failed to stabilize the Property for the upcoming winter months. Absent the implementation of these winterization measures set forth in the abatement warrant, the Property poses a danger to residents, adjoining properties, public utilities, roads and trails. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 2005, Rolling Hills, California. Craig R. Nealis, City Manager DECLARATION OF CRAIG R. NEALIS IN SUPPORT OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT 7 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 installing temporary, 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 submit evidence 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 of the active landslide. The guesthouse'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 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 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 e Mayor AIIEST: Craig R. Nealis City Clerk Resolution No. 996 -2- HEREBY CERT' Y THIS DOCUMENT TO' BE A TRUE AND CORRECT .GOY OF THE ORIGINAL. CLs= {' OF THE CITY OF TOLLING HILLS, CALIF. STATE OF CALIFORNIA 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 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 Tern Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. 1 41 Craig R. Nealis City Clerk Resolution No. 996 -3- EXHIBIT A City o/ eo tibi _fa & izl:::CEPORAT2L1 JANLIn(;Y _ r i95i 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 cilyolrh@aol.com Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 2005, %ve 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. err:,..•.:: Resolution No. 996 -4- 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 hesitate to call. Sincerely, 2/1-0 Craig R. Nealis City Manager CRN:mlk 08-29.55 h ndredoc 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 Bemal, Senior Building Official Sarah Curran, Drainage/Grading Engineer Resolution No. 996 GROUP September 1, 2005 Project No. L-599 DI DELTA rice vnurJ;tii 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.conn♦ �a: �__ ,♦ . if,. . Resolution No. 996 -6- CROUP DELTA Lruiu�rt�u L-599 DI Group Delta Consultants. Inc. 2 PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Poppy Trail Landslide City of Rolling Hills 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 Iandside 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 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 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 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. GROUP r DELTA tomautraaa Resolution No. 996 -8- L-599 DI 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. Kolthoff, PG, CEG N:\Projects\500.599\L-599 Rolling Hill Poppy Trail Landslide \L -599A Poppy Trail Slide \ Documents \L-599 RH Poppy Trail Landslide - Letter Report #2.doc GROUP r DELTA Resolution No. 996 L9- GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pm 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: it.c..e.. _F:Al EC. ..-..J-.f,1 24. 19.7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310(377-1521 FAX: (310) 377.7289 E-mail: cilyolrh@aol.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, Craig R. Nealis City Manager CRN:m1k 07-11-05,heen-11 r.Aoc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUT' March 22, 2005 Project No. L-599 DELTA City Rolling of Hills ts��;fit�,u�:tE� 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. ♦ u wu•.Gronnik•lta.ccn♦ 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 bioaaniuman 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 Group Delta Consultants. Inc. 3 Poppy Trail Landslide 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' ZR, DELTA [�l9:FY9��1:1H Resolution No. 996 -13- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills Closure 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 L-599 RH Poppy Trail Landslide - Letter Report 51 citoul' DELTA riU&]4iLlad Steven H. Kolthoff, PG, CEG Resolution No. 996 -14- GROUT' D E LT,\ i•,BE791,ld:114 L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills er ►� � ?` S ��� a 1,i - •• a / 1 %✓;' iv \l/ /Q' ProjectSile a r •'1 S •�A ICJ i' •(� : ' ,�V <_��' /��� O ..0 • T- =om 1 pia,` C r 1 ' •.Iv:1 i ;: i )•. \i::.• N... \\ J �� • \ ,., r'J:ry /.i. i- r 1 � � .c•-•.\ /' " .—`- - :* 1 44r F z$i : : / • - " ."----I B-14-9;;'-x„c'------;...1--. Q2P.:3,. '1.- 7.„,,,...%):;%11717:<;.t -5---,....''.•!.'".. ..-c•••• ----i'':'''''-•••1'3", V, '41._,,,...--:- 'I.' s' \ I/7 -L�58 �. •4 :L4n",... -:111._;1...::::".,1.1A':_.X.,(1'.':), • : .,'- j Rio\ r: ( ,- � /• ,._.; s :):\.:(L. -. r i�,i.bi...,..77 any."cr -�ti 1l, :tJ^ • z lo e�9 Rb ti �v �o, fL jo\.1• :ia ( - tom.. '- t`- ._-_ :� . ri'i \,i~h� 2la •' �i11 �'.-- �" •"'�:c'S•r•- Q- ., t.,. V" S •-7.- iTc. Printed from TOPO! !91997 Wildflower Production: l wwtop tout "• VICINITY MAP Project Number: 1-599 Project Name: Poppy Trail Landslide Date: 03242005 Group Delta Consultants, Inc. Figure Resolution No. 996 -15- L-599 Group Delta Consultants. Inc. 6 Poppy Trail Landslide City of Rolling Hills AERIAL PI-IOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) GROUP 7111 DELTA lP1:FY I tl f.1.147 Resolution No. 996 -16- ROLLING RILLS Mr1NICIPAL 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 sous to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customarymanner, 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 abatedor 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 _l�_ which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property.' The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). • 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of .City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord.190 §1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a • court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions 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 Resolution No. 996 -18- Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance andrequest 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 8.24070, 8.24.0S0 and 8.24090 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 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 isdeclared 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 Recycled Paper 0) 9 ;GROUP. DELTA! areMBEITIEI llwn September 21, 2005 SEP 2 3 2005 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 CITY OF ROLLING HILLS By Attention: Craig Nealis, City Manger Subject: Continued Movement Poppy Trail Landslide Rolling Hills, California Mr. Nealis: On September 1, 2005, during the installation of three inclinometers within the midsection of Poppy Trail Landslide, Group Delta Consultants, Inc. (GDC) observed that the landslide was still moving. Traverse cracks developed paralleling the landslide toe throughout the midsection of the landslide (see Figure 1). Diagonal tension cracks were observed along the north lateral scarp at the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide (see Figure 2). Also, there is evidence that surface water has ran off the top of the landslide scarp onto the landside mass. Surface water needs to be prevented from flowing onto the landslide and from flowing into the new tension cracks. Water entering the tension cracks could accelerate the movement of the landslide and could cause erosion of the landslide back scarp. Inclinometer Displacement Monitoring On September 1 through September 3, 2005, three inclinometers were installed on the active and non -active portions of the landslide. On September 2, 2005 and September 6, 2005, baseline readings were made for the inclinometers. Additional readings were taken through September 16, 2005. The following summarizes the ground -displacement monitoring of the inclinometers. • PT -1 was installed on the south side of the active landslide. Monitoring showed that the landslide in the area of PT -1 was displaced about 0.5 inches down slope from September 2 through September 16, 2005. • PT -2 was installed on the north side of the active landslide. Monitoring showed that the landslide in the area of PT -2 had displaced almost 0.25 inches down slope from September 6 through September 16, 2005. 2291 W. 205" Street, Suite L0> Torrance, CA 9iii01-I'i 'i ♦ Tel (S10) 'ii -5L0'•) • Fax (sLt't) j2'.!-[i tic Aliso Vicio♦ (949) 609-1020 ♦www.GroupDelta.com♦ San Diei=.o♦ (8581524-1500 GROUP: DELTA c+ffiITEMI Continued Movement Poppy Trail Landslide Rolling Hills, California September 21, 2005 Page 2 • PT -3 was installed north of the active landslide in the old landslide mass. No significant displacement was monitored at PT -3. The locations of the inclinometers are plotted on the attached geology map. The inclinometer displacement monitoring plots follow the map. The inclinometer A -axis is generally down slope while the B -axis is 90 degrees from the A -axis (see plots in the back of this report). Additional Observations On September 20, 2005, an unusual summer storm dropped measurable rain in the area of the landslide. During the storm, the landslide was not winterized with plastic sheeting or surface water diversion devices allowing rainwater runoff to enter the landslide mass. After visiting the site on September 21, 2005, it was observed that many of the surface cracks that were not destroyed from the temporary ATV Road grading had increased in width (see Figure 3). No new cracks were observed on the newly graded temporary ATV Road. Conclusion The Poppy Trail Landslide is moving as much as 0.3 inches a week. This is evident by the observation of the tension cracks that developed in the midsection of the landslide and the data collected while monitoring the inclinometer. Since the landslide is still moving, precautions should be taken to protect the landslide from surface water entering the landslide mass by covering the landslide with plastic sheeting and diverting surface water run off away from the landslide mass. Also, the gust house above the landslide scarp should be removed and the scarped laid back and covered with plastid for additional stability. Also, the toe of the landslide should be densified by track rolling the loose materials. Monitoring ground -displacement of the inclinometers will continue on a bi-weekly basis throughout and after the grading of the temporary roadways. Any questions, please give us a call. Sincerely, GROUP DELTA CONSULTANTS, INC. Steven H. Kolthoff, CEG Senior Geologist Traverse tension • cracks observed along the midsection of the Poppy Trail Landslide. Continued Movement Poppy Trail Landslide Rolling Hills, California GROUP' r DELTA [GRIMM?! September 21, 2005 Page 4 Figure 4. Erosional fills forming from surface water flowing over the landslide back scarp. 11 1 \ 1\\ \ 111 \\ \ \ 1111 \ \\ 11 1\ \\ \\\ 111 A \ \\ \\ \\ \\ \ \ 1 \ \ + 1.0 \\\\\\ • \\ \�, 111 11 \\\I \\\� ••'• + 1 iii •1 • • • LEGEND Od • Yes%AM.an Oh • Stp Wash Oh • laiddM Ode po lanaIde Tn.-M.nd. Shah caoleski Canted Dolby r_.•.sha S"'er + eatrq lambs* A A• o...5.c .. M Tempts &T,..d.rrar.I.Sean Reference: Drawing prepared by. Bolton Engineering Corp. dated 5-24-05. .7 \\\\� .` \`\\ + kik ` CITY OF ROWNO HILLS AND ROWNC HILLS CO. OBTAIN PERMISSION FROM PROPERTY OWNER FOR ALL OFFSITE WORK ON #1 AND #4 POPPY TRAIL .-TiY`lr stria c DO 011,61 with depth ♦,m emo,, Shim &D ofSo* eb.e, L?I Strk.& Dip .t!annals pine o..nn.l ahralls , no..n.s Oteundssess Mit \ `— owner: Alon Sheen Portion of Lot RoIIMq Mss Tr It ►oror Tre1 wn�Goeks 10 Londslid osslble Slid ` \1\\\` • 1 111 1 1 '1 1111 1 III I1 11.111 11 11111 `‘t 1111 1 I .I lltll \ 11111 1111111 1 + 1111t 11.1 1 111\ 1111 1 1 1 11111 1111 1 11.1 111 1 90 viii 11 111 ` `1► 1 oc ‘,1 1 \ 11 1 \\ \ V\‘‘‘‘‘ \ \ \ \ \ \ J , �\ ��:•���, 1 l 1r\\\\ 11 I iii % / %j11�1 1 11 .................................... — 6l✓14(05 Sawn T. Ybarra — City Lot -- + \\�\\� \ \`\ —�\\\\\\\\ \\\ \ \ \\‘‘`.\\‘• . I 1 1 +1� \1111 11111 t11 L•599D 11.31011 • 08/18/05 ty soon shwa.. vs S. Kolthoff CROUP agijA GROUP DELTA CONSULTANTS, INC 2291 W. 205th Street Suite 105 Torrance, CA. 90501 Geologic Map Poppy Trail # 1 Landslide City of Rolling Hills • Rolling Hills, CA I"=80 mat mast 7 POPPY PT -1, A -Axis fi 10 15 - 20 a. O 25 30 35 40 • -- 9/2/2005 9/2/2005 9/6/2005 9/8/2005 —0- 9/16/2005 0 POPPY PT -1, B -Axis 51 10- 15 m 0.1 20 a. a, O 25- 30 35_- 0 t 9/2/2005 * 9/2/2005 9/6/2005 9/8/2005 9/16/2005 40 -,----�— -1.00 -0.50 0.00 0.50 1.00 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/2/2005 Cumulative Displacement (in) from 9/2/2005 c;ro'uI, DEI.TA nossmusszs Poppy Trail Landslide Rolling Hills, CA Inclinometer PT -1 01 5 10 15 c 2 w0 . a 0 25 30 35 POPPY PT -2, A -Axis - 9/6/2005 o- .9/6/2005 - 9/8/2005 - 9/16/2005 40 -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 DJThTA tenannum 5- 10- 15 c .t 20 a) o. 25 30 - 35 40 -100 -0.50 0.00 0.50 1.00 Cumulative. Displacement (in) from 9/6/2005 POPPY PT -2, B -Axis 9/6/2005 9/6/2005 -c 9/8/2005 -� 9/16/2005 Poppy Trail Landslide Rolling Hills, CA inclinometer PT -2 DELTA 0I 5I 10 15 20 I 30 i 35 40 .45 .1 POPPY PT -3, A -Axis • 9/6/2005 - 9/6/2005 9/8/2005 ▪ 9/16/2005 50 _. . -1.00 -0.50 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Poppy Trail Landslide Rolling Hills, CA POPPY PT -3, B -Axis 01 f 5- 10- 15 20 30 35 40 45 • 50 -1 00 -0.50 9/6/2005 9/6/2005 9/8/2005 • 9/16/20051 � 0.00 0.50 1.00 Cumulative Displacement (in) from 9/6/2005 Inclinometer PT -3 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 26, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. None. Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta. Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Roy Itani, District Engineer, LA County. Mike Reader, Group Delta Consultants. Ross Bolton, Bolton Engineering. CONSENT CALENDAR Matters, which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Regular Meeting of September 12, 2005. �. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of August, 2005. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for August, 2005. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REAR YARD DETERMINATION FOR AN EXISTING LOT IN ZONING CASE NO. 708A, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). City Manager Nealis presented the staff report outlining the applicant's request and providing -background regarding the property and the Planning Commission action relative to Zoning Case No. 708A at 25 Portuguese Bend Road. Mayor Pernell noted that Resolution No. 2005-26 pertains to same property and suggested that the City Council may wish to consider them together.. Councilmember Black indicated that he would like to see how the rear yard determination affects the applicant's other lot. City Manager Nealis explained the vicinity map and the proximity of structures on surrounding properties to the sport court that was approved by the Planning Commission. He further explained the Planning Commission action relative to Zoning Case No. 708B also at 25 Portuguese Bend Road. In response to Councilmember Black, City Manager Nealis explained the location of the driveways for the properties on Pheasant Lane. Planning Director Schwartz explained the proximity and orientation of surrounding properties to the subject property. Councilmember Heinsheimer moved that the City Council receive and file Resolution Nos. 2005-25 and 2005-26. Councilmember Hill seconded the motion. Minutes City Council Meeting 09/26/05 , Councilmember Black indicated that he could not support the application for a sports court in Resolution No. 2005-26, however he was in favor of the rear yard determination in Resolution No. 2005-25. As a result, Mayor Pernell suggested that the City Council consider Resolution No. 2005-25 and 2005-26 separately. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2005-25. Councilmember Hill seconded the motion which carried unanimously. , RESOLUTION NO. 2005-26. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION, GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708B, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). Discussion ensued regarding the visibility of the proposed sports court from Portuguese Bend Road. Planning Director Schwartz indicted that the sports court was staked for the Planning Commission's field review of the property. She explained the elevation of the proposed sports court and pointed out the location on a cross-section plan provided by the applicant's representative. She also explained proposed landscaping for the court. Mr. George Sweeny, applicant's representative, reported that at the field trip, the Commission had felt that the sports court would not be visible from Portuguese Bend Road. Following discussion regarding concems about the visibility of the court from Portuguese Bend Road, Councilmembers unanimously concurred that this item be taken under jurisdiction. The City Manager indicated that this case would be set for a public hearing at the October 10, 2005 City Council meeting beginning at 7:30 p.m. in the City Council Chambers. RESOLUTION NO. 2005-27. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND A_VARIANCE FOR THE CONSTRUCTION OF A RETAINING WALL ALONG A DRIVEWAY IN THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 709, AT 18 BOWIE ROAD (LOT 9-CRA), (CURTO). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 709. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-27. Councilmember Heinsheimer seconded the motion, which carried unanimously. RESOLUTION NO. 2005-28. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT AND A VARIANCE TO CONSTRUCT A POOL HOUSE IN THE REAR SETBACK; VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED STABLE IN THE FRONT SETBACK; VARIANCE TO EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL LOT COVERAGE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 710, AT 2 SOUTHFIELD ROAD (LOT 62- B -SF) (COLDWELL). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 710. Mayor Pro Tem Lay moved that the City Council receive and file_ Resolution No. 2005-28. Councilmember Heinsheimer seconded the motion. After discussion regarding the pad coverage calculation, Conditional Use Permit and Variance for the pool house and an explanation regarding the constraints of the property due the surrounding roadways on three sides, the motion carried unanimously. RESOLUTION NO. 2005-29. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION AND A GUEST HOUSE AND CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 712, AT 1 CREST ROAD EAST (LOT 1 -FT), (HUH). Minutes City Council Meeting 09/26/05 -2- City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 712. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-29. Councilmember Heinsheimer seconded the motion, which carried unanimously. RESOLUTION NO. 2005-30. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT FOR PROPERTIES AT 10 PINE TREE LANE AND TWO VACANT PARCELS NORTH THEREOF, HAVING ASSESSORS PARCEL NUMBERS 7569-013-016, 7569-013-017, 7569- 013-018, (HASSOLDT). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to the proposed Lot Line Adjustment. In response to Councilmember Black, City Manager Nealis explained revised calculations indicating that Parcel 1 actually decreases by 6,691 square feet and Parcel 3 actually increases by 3,920 square feet. He stated that this correction does not create an issue with the application and still meets all Zoning Code requirements and indicated that the data on the proposed lot chart in the staff report is correct. Councilmember Heinsheimer commented on the applicant's proposal before the Rolling Hills Community Association to change the easement measurements. City Manager Nealis explained that the net lot area is determined exclusive of easement size. Councilmember Hill moved that the City Council receive and file Resolution No. 2005-30. Mayor Pro Tem Lay seconded the motion. In response to Mayor Pro Tem Lay regarding the discrepancy lot sizes in the tentative map and the final map, Planning Director Schwartz explained that the County does not record the net lot area as determined under the City Zoning Code regulations, however- the lots do conform to the City Codes and the applicant's representative used baseline calculations using the lot sizes recorded at the County. Councilmember Black commented on the discrepancy in -the gross lot on the tentative map. Planning Director Schwartz further explained the discrepancy and indicated that it does not invalidate the requested Lot Line Adjustment since Zoning Code requirements are still met. After discussion, the motion carried unanimously. RESOLUTION NO. 2005-31. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO. THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING. CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21 -CF), (MINKES). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 715. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-31. Councilmember Black seconded the motion, which carried unanimously. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FROM THE PALOS VERDES ART CENTER TO CONDUCT AN ARTISTS STUDIO TOUR AT 14 CINCHRING ROAD. City Manager Nealis presented the staff report outlining the request by the PV Art Center to conduct an Artists Studio Tour at 14 Cinchring Road and the Traffic Commission's recommended approval of the event. Hearing no discussion, Mayor. Pernell called for a motion. Councilmember Black moved that the City Council approve the recommendation from the Traffic Commission relative to this request. Mayor Pro Tem Lay seconded the motion, which carried unanimously. Minutes City Council Meeting 09/26/05 OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. PUBLIC HEARINGS CONSIDERATIONOF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90- B-RH). OWNER: ALAN SHEEN City Attorney Jenkins outlined the procedures for the conduct of the public hearing and swore in the City's contract representatives who would provide testimony in this matter; Mr. Mike Reader, Group Delta Consultants; Mr. Ross Bolton, Bolton Engineering and Mr. Roy Itani, Los Angeles County District Engineer. He noted that the Attorney representing the property owner of 1 Poppy Trail has arranged for a court reporter to be in attendance and that as customary at City Council meetings, the proceeding will be tape-recorded. City Manager Nealis presented the staff report providing background regarding the landslide that occurred in March 2005, the condition of the property at 1 Poppy Trail as well as the request by the City for the property owner to perform winterization measures on his property to minimize water from entering the slide mass as recommended by the City's Consulting Geojogist. He also outlined the provisions in the Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance and Rolling Hills Municipal Code Section 8.28.010 which 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. He explained that Mr. Mike Reader of Group Delta Consultants will provide testimony regarding the landslide condition and recommended abatement measures including the need for water infiltration prevention and that Mr. Ross Bolton of Bolton Engineering will provide testimony regarding drainage modifications and other safety measures to achieve the recommendations outlined by Mr. Reader and that Mr. Roy Itani, District Engineer of Los Angeles County will provide testimony regarding the hazard posed by the existing guesthouse on the property. City Manager Nealis pointedout the area of the slide on an aerial photograph taken just after the slide occurred which depicts the guesthouse on 1 Poppy Trail and the blockage of Poppy Trail Road. He also provided photographs taken on September 19, 2005 depicting the condition of the guesthouse, exposed drainage devices above the slide mass and fissures on the property. He indicated the property was inspected on September 19, 2005 and again on September 26, 2005 from the perspective of the City property just below 1 Poppy Trail and that there was no evidence that the recommended winterization measures had been implemented by the property owner. Mayor Pernell opened the public hearing and called for testimony. Mr. Mike Reader, Group Delta Consultants, summarized the evaluation of the landslide on Poppy Trial. He pointed out various areas on the aerial photograph and indicated that a large part of the slide is within an ancient landslide. City Manager Nealis provided a copy a letter dated September 21, 2005 prepared by Mr. Reader regarding the continued movement of the landslide to those in attendance. Mr. Reader commented on his letter of September 1, 2005 outlining recommended winterization measures that need to be implemented on 1 Poppy Trail and other surrounding properties to prevent water infiltration into the slide mass. Mr. Reader commented on the September 21, 2005 letter in which he explains the installation and monitoring of inclinometers. He explained the diagrams included in the letter and pointed out the approximate location of the inclinometers on the map. He reported that monitoring of the inclinometers indicate that the landslide is continuing to move. In response to Mayor Pernell, Mr. Reader further explained the areas of the active slide and the ancient slide which extends beneath the building pad on 1 Poppy Trail. Mr. Reader further explained the recommended winterization measures that need to be completed on 1 Poppy Trail. He indicated that cracks have been observed which indicate movement and stated that these cracks need to be sealed to prevent infiltration of water into the slide, to prevent acceleration of the slide. He commented on the recommended flattening of the head scarp and the proposed drainage improvements to prevent an increase in the rate of movement of the landslide. In response to Mayor Pernell, Mr. Reader indicated that water Minutes City Council Meeting 09/26/05 -4- from recent rains have probably infiltrated into the slide and that water service has been turned off at 1 Poppy Trail. Councilmember Black commented on previously observing wet ground at 1 Poppy Trail prior to the property owner rescinding permission for the City to access to his property. Mr. Craig Collins, attorney for the owner of 1 Poppy Trail, queried Mr. Reader regarding his opinion on whether there is a nuisance that needs to be abated at 1 Poppy Trail. Mr. Reader explained that the nuisances are outlined in his letter of September 1, 2005 with recommendations to prevent water in the coming winter from entering the landslide and causing it to accelerate. Mr. Reader indicated that water and geologic instability are both nuisances that he feels need to be abated. Mr. Collins further questioned Mr. Reader regarding the expectation of a catastrophic event in the area, and the grading that would need to be completed to flatten the head scarp. Mr. Reader, at the request of Mr. Collins, highlighted the area of the head scarp in orange marker on the topographic survey of the slide area and indicated that this work would need to be designed by a civil engineer based upon his recommendations. Mr. Collins, queried Mr. Reader regarding his professional degrees, grading plans for the proposal to flatten the head scarp, the effect the flattening of the head scarp would have on the utilities that currently serve 1 Poppy Trail, and his opinion on how much material would need to be removed to perform the grading necessary to flatten the head scarp. After brief explanations by Mr. Reader, Mr. Collins commented on the property boundaries outlined on the topographic survey of the slide area. In response to Mr. Collins, Mr. Reader explained that some grading to flatten the head scarp may need to occur on 4 Poppy Trail and that this work is viewed as only temporary and it is not believed the work would worsen the situation. Mr. Collins further queried Mr. Reader regarding whether a storm water pollution prevention plan had been prepared in connection with the grading and what the costs would be associated with the grading to flatten the head scarp. Mr. Reader indicated that he had no knowledge related to these two questions. In response to Mr. Collins, Mr. Reader pointed out the location of the inclinometers on the topographic survey of the slide area and highlighted them in orange highlighter. Mr. Reader explained the monitoring of the inclinometers. Also in response to Mr. Collins regarding what would happen if the nuisance were not abated, Mr. Reader indicated that water infiltrating into the slide would accelerate its movement and possibly enlarge . the slide. Mr. Reader also explained that he feels that the landslide would not threaten the homes further up Poppy Trail if the nuisance were not abated. He said the structure threatened by the unabated landslide is the guesthouse at 1 Poppy Trail and that it has been red -tagged. Mr. Reader stated that the stability of the main house on 1 Poppy Trail has not been studied. Mr. Collins asked Mr. Reader if the residents further up on Poppy Trail have access to their homes. Mr. Reader commentedon the temporary ATV and emergency access used by Poppy Trail residents to access their homes. Mr. Collins commented on specific geologic stability measures that could be implemented for the driveway and guesthouse for 1 Poppy Trail to preserve these structures and the factor of safety necessary to restore stability. Mr. Reader indicated that a study would have to be done to determine if these measures would be feasible from an engineering perspective. In response to Mr. Collins regarding the effect of flattening the head scarp would have on the reopening of Poppy Trail, Mr. Reader explained that he does not believe that this would have an effect directly on the reopening of Poppy Trail and restated the objective is to prevent the slide from moving faster or enlarging during the coming winter. He indicated that based on his knowledge of City and County codes that it is very doubtful that any overall repair could be done by the coming rainy season. Mr. Reader also explained that a study had been done to determine if Poppy Trail could be reopened utilizing only City property but that it was not possible without affecting adjacent properties. He said the geometry and elevation of the slide made it difficult to reopen Poppy Trial and obtain a sufficient factor of safety. In response to Mr. Collins, Mr. Reader said that reopening the road and stabilizing the landslide are two different issues. He indicated if the landslide is stabilized it may be possible to reopen Poppy Trail. Mr. Reader said that the City has asked him to look at alternatives for creating access for the residents. Mr. Collins queried Mr. Reader regarding his visits, to 1 Poppy Trail. Mr. Reader indicated that he last visited .the property several months ago. Also in response to Mr. Collins, Mr. Reader indicated that no significant grading has been done m the vicinity. He said that vegetation removal, sealing cracks and most recently theconstruction of ATV access road to the south of the landslide has occurred. Mr. Reader indicated that he is notaware of any stabilization of the slide due to this work. Minutes City Council Meeting 09/26/05 -5- In response to Mr. Collins, Mr. Reader stated that the cause of the slide has not been analyzed. City Attorney Jenkins commented that the purpose of this hearing is to address specific conditions on the property related to the alleged nuisance conditions on the property and not the cause of the landslide. Mr. Collins indicated that he disagrees with City Attorney Jenkins. Mr. Collins commented on Mr. Reader's June 16, 2005 Geological and Geotechnical Report and provided copies of certain pages in that report. He queried Mr. Reader regarding this report. Mr. Reader provided an explanation of the three design alternatives for creating access for the Poppy Trail residents outlined in the report as well as other comments in the report. Mr. Collins commented on the exhibit depicting the photographs taken on September 19, 2005. In response to Mr. Reader, he indicated that a geologist, Mr. Steve Kolthoff, had observed water emanating from the exposed pipes on 1 Poppy Trail. Mr. Ross Bolton, Bolton Engineering, explained the engineering recommendations that are designed to prevent water infiltration into the slide as recommended by the geologist. He pointed out the various locations of proposed drainage devices, sandbagging, crack filling and laying back of the slope for plastic sheeting to cover the head scarp on the erosion control plan designed to keep water from infiltration into the slide. In response to Councilmember Black, Mr. Bolton indicated that a plan would need to be prepared to show the removal of the guesthouse in connection with the laying back of the head scarp. City Manager Nealis explained that procedurally the property owner of 1 Poppy Trail has been put on notice of, his responsibility for the removal of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Bolton explained that the plan that he is creating is being produced in case the property owner of 1 Poppy Trail does not complete the recommended winterization measures on his property. Discussion ensued regarding the ancient landslide on 1 Poppy Trail. Mr. Reader explained the areas of the ancient and current landslides at 1 Poppy Trail and pointed them out on the plan. Mr. Reader explained that the head scarp would erode under the guesthouse if it rains. Mr. Collins queried Mr. Bolton regarding his professional training and his role in connection withthe 1 Poppy Trail property. Mr. Bolton explained the aerial photograph that had been taken encompassing the property at 1 Poppy Trail and the creation of a plan and a study of a preliminary erosion control plan to divert water around the landslide.Mr. Collins commented on the grading proposed on the erosion control plan and the amount of grading done in the area to date. Mr. Bolton indicated that he did not have the quantities of soil and that Mr. Dutch Phillips had conducted some grading in the area. Mr. Collins also queried Mr. Bolton regarding the permitting of the work to be done in the area, the factor of safety of the slope, and FEMA's involvement. Mr. Roy Itani, District Engineer, Los Angeles County Department of Building and Safety, provided an explanation of inspections and red -tagging of the guesthouse on 1 Poppy Trail. He indicated that the landslide had damaged the guesthouse and that it was unsafe. He said that the property owner had not submitted plans to, the County for repairs to his property. In response to Councilmember Black, Mr. Itani explained that the property owner has the option of presenting a plan to the County to allow the guesthouse to remain on the property. Mr. Itani indicated that a geological study would have to be reviewed by the County before the guesthouse can be repaired. Mr. Collins queried Mr. Itani regarding the guesthouse stability and the process of red -tagging the guesthouse. Mr. Itani indicated that the guesthouse causes a danger to the public. Mr. Itani explained that the County does not have records approving the construction of the guesthouse structure at 1 Poppy Trail. He stated that the County's records show the construction of a stable. In response to Mr. Collins, Mr. Itaniindicated that general observation of the structure does not support that it is being used as a stable. Mr. Collins further discussed the landslide with Mr. Reader. Mr. Reader explained that he has not determined if the ancient landslide is moving. He further explained the current landslide and indicated that it is part of the larger ancient landside: In response to Mr. Collins, Mr. Reader explained the location of the temporary access road and the impact of the guesthouse should it fail. Further discussion ensued regarding the need for the temporary access for residents to access their homes. In response to City Attorney Jenkins,, Mr. Collins indicated that he does not intend to present any witnesses in this matter. He said he would like to make some remarks. Minutes City Council Meeting 09/26/05 -6- City Manager Nealis identified the documents that have been referred to or discussed at the, hearing, which include the staff report dated September 26, 2005 with attachments, the photographs taken on September 19, 2005, the aerial photograph, the cross -sections that are referenced from the Group Delta Consultants study that was provided to the City Council on. June 27, 2005 and the map showing the cross sections from that document. Mr. Collins numbered the exhibits on display this evening consecutively. Mr. Collins commented on the landslide and indicated that the property owner of 1 Poppy Trail did nothing to cause the landslide. He stated that he feels the slide was caused by the construction of Poppy Trail Road that undermined the stability of the slope. He indicated that he feels that it is unfair to the owner of 1 Poppy Trail that the fix is to destroy the access to 1 Poppy Trail in order to restore the access to Poppy Trail residents. He stated that a better solution would be to repair the landslide to save 1 Poppy Trail and to restore the access to the Poppy Trail residents., Mr. Collins stated that he has no objection to the initiation of plastic sheeting and sealing cracks. He indicatedthat he objects to the grading to flatten the head scarp and removing the guesthouse and commented on the notice provided to the property owner about the winterization measures. He stated that it was not possible for the property owner to comply with the notice. Mr. Collins indicated that the property owner has cooperated in every way possible and commented on the access agreement provided by the property owner when the landslide occurred. He said that he feels that the property owner of 1 Poppy Trial has been hurt most by the landslide. He suggested that the City establish a geologic hazard abatement district to deal with the landslide or the City should bare the costs, as repairs will benefit the residents of the City, Mr. Collins said that the property owner is willing to cooperate with the City in creating a real fix to solve the problem to everyone's benefit. In response. to Mayor Pemell, Mr. Collins stated that the property owner is willing to allow the City access to implement the plastic sheeting and that he does not know if the property owner would allow access for grading to flatten the head scarp because it requires the demolition of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Collins indicated that the property owner has consulted with an engineering firm and they have been advising him on how to save his driveway and guesthouse. He stated that no reports have been produced and that this consultant has made no direct contact with a geologist or the county about a particular proposed plan to stabilize the driveway and guesthouse. Mr. Collins stated that the property owner views this situation as the City's problem to fix. Mayor Pro Tem Lay commented on the request from the City to the property owner in July regarding winterization measures to be completed on the property and the fact that no effort has been made to complete this work. Mr. Collins expressed that the property owner feels that the City should pay for this work. Councilmember Heinsheimer commented on the September 2, 2005 letter to the property owner outlining the winterization measures that must be completed on 1 Poppy Trail. In response to Councilmember Heinsheimer, Mr. Collins indicated that the property owner would allow the City to complete items 1, 4 and 5 on the property and that items 2 and 3 are unfair and should not be done at all. In response to Councilmember Black regarding the observation of damp soil at 1 Poppy Trail, Mr. Collins stated that the property owner had never stopped the City from accessing 1 Poppy Trail. He said the City had temporary access to complete emergency repairs and that once that work had been done that he had revoked the access and that he indicated at that time if the City needs further access in the future to let him know. Mayor Pro Tem Lay commented on the geologic concern about the guesthouse and the impending rainy season. Mr. Collins indicated that .the property owner wouldsupport a design of a permanent fix of the slide and the road. He commented on the plastic sheeting to seal the landslide from further water infiltration and that the goal of the property owner is to have the landslide completely fixed. City Manager Nealis restated the purpose of the public hearing which is the abatement of the nuisance as described in the letter dated September 2, 2005 to the property owner at 1 Poppy Trail based on the recommendations of the City's Consulting Geologist to prevent water infiltration into the existing landslide condition. He stated that a permanent fix to the landslide is not being entertained at this time nor has anyone proposed one to the City. City Manager Nealis explained the Municipal Code Sections relating to landslide activity and abatement of nuisances. He stated that the purpose of the correspondence to the property owner of 1 Poppy Trail was to direct that the recommendations of the Consulting Geologist be implemented. He reiterated that there has been no evidence that these recommendations have been implemented since the first letter was forwarded to the property owner in July or Minutes City Council Meeting 09/26/05 -7- since the second letter was forwarded to the property owner on September 2, 2005. He commented on the City's goal to cause the property owner to winterize his property. He indicated that the City would be implementing measures to winterize the City property. He also commented on the lengthy process to move forward with an overall fix of the landslide. Discussion ensued regarding the winterization recommendations outlined by the City's Consulting geologist and a process for completing these recommendations. Mr. Reader indicated that he feels that all of the recommendations are necessary. Hearing no further testimony, Mayor Pernell closed the public hearing. Councilmembers discussed the nuisance abatement process and how to best assure that the recommendations of the consulting geologist are implemented. Mayor Pro Tem Lay stated that the feels that it is clear that the conditions on the property has potential to accelerate the landslide and that is a public nuisance pursuant to the Municipal Code. Discussion ensued regarding the time frame to abate the nuisance by completing the corrective measures. Councilmembers concurred that the winterization must be completed as soon as possible. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council declare the property a 1 Poppy Trail to be a nuisance and order the abatement of the nuisance. Mayor Pro Tem Lay seconded the motion. City Attorney Jenkins presented a draft resolution for consideration by the City Council declaring a nuisance and ordering the abatement of a nuisance. Discussion ensued regarding the resolution and the time frame to complete the work outlined. in Section 6. City Manager Nealis indicated that staff would provide a report regarding the implementation of winterization measures at the next regular meeting of the City Council on October 10, 2005. The City Council reviewed the findings in the resolution and concurred that the evidence that they had received during this proceeding supports the findings. Following discussion, Councilmember Heinsheimer amended his motion and Mayor Pro Tem Lay amended his second that the City Council adopt the resolution presented by staff declaring the condition of the property at 1 Poppy Trail to be a public nuisance and ordering the abatement thereof and amended Section 6 of the resolution to include that the property owner prepare and submit a written plan providing for implementation of the corrective winterization measures to the City within ten days of the adoption of the resolution, commence implementation of the plan and performance of the corrective measure on or before October 10, 2005, and that the corrective measures be completed by or before November 10, 2005 and that the City reserves the right to proceed with the nuisance abatement provisions of the Code if after 30 days from adoption of the resolution the property owner has failed to proceed as required. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE NO. 298-U: AN ORDINANCE OF . THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 27 OF THE LOS ANGELES COUNTY CODE RELATING TO ELECTRICAL SYSTEMS, AND AMENDING CHAPTER 15.16 OF THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. City Manager Nealis presented the staff report providing background regarding Ordinance No. 298-U. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 298-U. Councilmember Hill seconded the motion, which carried unanimously. District Engineer Itani indicated that the ordinance would not impact projects already permitted by the County. OLD BUSINESS None. Minutes City Council Meeting 09/26/05 -8- NEW BUSINESS None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the intersection of Palos Verdes Drive North, Portuguese Bend Road and Rolling Hills Road and indicated that he had been approached about the implementation of a crossing guard at that intersection between 2:30 and 3:30 in the afternoon. He indicated that the City of Rolling Hills Estates had previously studied this intersection for a crossing guard but at that time the intersection did not meet the Cal Trans standard forthe implementation of a crossing guard. After a brief discussion and there being no objection, staff was directed to revisit this subject with the City of Rolling Hills Estates and report back to .the City Council. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the; local agency in the litigation. • Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 10:11 p.m. to the regular meeting of the City Council scheduled to be held on Monday, October 10;2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, I Marilyn K n Deputy City Clerk Approved, • Godfrey Pemeir ' L - " Mayor ` Minutes City Council Meeting 09/26/05 HEREBY CERTIFY THIS .DOCUMENT TO - BEATRUE PND.-COIL}CT,CoPY OF THE ORIGINAL. CsTY CLERK .OF.. THE CITY OF LOLLING HILLS; CALIF. • Recycled. Papor Exhibit E DEC 1 5 2005 CITY OF ROLLING HILLS 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.kutakrock.com December 13, 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 This will confirm our conversation on December 12, 2005, wherein we discussed work that the City of Rolling Hills intendsto complete as part of its mitigation efforts in the above - referenced matter. As I mentioned, the City, as part of its mitigation efforts, must flatten the head -scarp on the Sheen property to remedy conditions at the site posing substantial safety risks to nearby residents. As part of the flattening of the head -scarp, the topography of the slope at the site will be altered. So as to permit both parties adequate time and the ability to document conditions at the site, I indicated that the City wanted to provide your office notice of its intentions to initiate the work, so that you and your experts would have the opportunity to evaluate conditions at the site before they are permanently altered. I indicated that the City intended to have a representative from Group Delta Consultants on site during the scarp flattening process. The representative on behalf of the City will be on site to complete the following: "(a) A detailed visual examination of the landslide and adjacent areas to observe existing site conditions and improvements, including drainage devices, irrigation devices, septic and sewage devices, site topography and surface drainage direction. (b) Photographic documentation will be performed of site conditions and improvements including; drainage: devices'(swales,' drain),; irrigation: devices, septic and sewage devices, Tsite topography and surface: drainage direction. 4836-2387-9680.1 spArP .9r KUTAK ROCK LLP Craig M. Collins December 13, 2005 Page 2 (c) A site survey may be performed by a licensed surveyor or civil engineer to augment existing topographic information and to document site conditions and improvements, including drainage devices (swales, drain), irrigation devices, septic and sewage devices, site topography and surface drainage direction." During our conversation, you requested that your office be provided no less than 24 hours' notice of initiation of the scarp flattening process, which may take some time to complete. I agreed that such notice would be provided to permit Mr. Sheen the opportunity to evaluate the same site conditions that will be examined by the City's consultant, Group Delta. I also mentioned that I thought it would probably be a good idea to have both experts looking at the remedial work at thesame time, so that the experts could work off the same data at a later date. You indicated that your client may or may not choose to have a representative on site, but requested that 24 hours' notice of the work be provided. I will inform the City of your request and will recommend that the notice you have requested be provided. As Imentioned, because time is of the essence to complete the task noted above, I anticipate the work will take place some time in the next week If you should have any questions concerning the subjects addressed herein, please do not hesitate to contact me at your convenience. I appreciate your courtesy and cooperation regarding this issue, and will keep you closely posted of the City's intentions to initiate work at the site in the next few days. Very truly yours, JSG/eap cc: Craig Nealis, via facsimile Daniel Hyde, via facsimile 4836-2387-9680.1 • City 0/ie0it 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 December 6, 2005 Mr. Craig M. Collins Collins Law Firm Aon Center 707 Wilshire Blvd., Suite 4880 Los Angeles, CA 90017 Dear Mr. Collins: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com The enclosed copy of the demolition permit and nuisance abatement and winterization plan is provided pursuant to your public records request described in your correspondence dated November 28, 2005. Previously you have been provided a copy of the Geological and Geotechnical Report. This nuisance abatement work is exempt from Section 8.32 of the Rolling Hills Municipal Code (RHMC 8.32.040). However, all work is being preformed specifically to implement those requirements. Sincerely, eaig R. Nealis City Manager CRN:mlk 12-06-05coll i ns-1 tr. d oc t,S Priritecl on RCcyc;lecl Paper • • DATE: 11/30/05 TIME: 12:39:47 ROUTE TO: BS1202 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS DEVELOPMENT AND PERMITS TRACKING SYSTEM FEE RECEIPT RECEIPT NUMBER: BS12020002542 DPR4051 PAGE 1 REQUESTED BY: XXXXXXX THIS IS A RECEIPT FOR THE AMOUNT OF FEES COLLECTED AS LISTED BELOW. THE RECEIPT NUMBER, DATE AND AMOUNT VALIDATED HEREON HAS ALSO BEEN VALIDATED ON YOUR APPLICATION OR OTHER DOCUMENT AND HAS BECOME A PART OF THE RECORD OF THE COUNTY OF LOS ANGELES, FROM WHICH THIS RECEIPT MAY BE IDENTIFIED. PLEASE RETAIN THIS RECEIPT AS PROOF OF PAYMENT. ANY REQUEST FOR REFUND MUST REFERENCE THIS RECEIPT NUMBER. DATE PAYMENT RECEIVED: 11/30/05 12:39:30 PROJ/APPL/IMPRV NBR: BL 0511300065 PROPERTY ADDRESS: 1 POPPY TR RHLL 902745137 RELATED PROJECT: PAYOR NAME: EROSION CONTROL SPECIALISTS* ADDRESS: 18781 VIEWPOINT LANE SUITE# 074 HUNTINGTON BEACH CA 92847 PHONE: (909) 753-9637 EXTN: WORK DESCRIPTION: DEMO 40'X 40' GUEST HOUSE FEE STATISTICAL CALCULATION UNIT OF EXTENDED ITEM FEE DESCRIPTION CODE FACTOR MEASURE AMOUNT AA BLDG PERMIT ISSUANCE A018303 $0.00 02 DEMOLITION INSPECTN A018303 $0.00 TOTAL FEES PAID: $0.00 PAYMENT TYPE REFERENCE AMT TENDERED CHANGE GIVEN AMOUNT APPLIED EXEMPT FEE NO FEES $0.00 $0.00 $0.00 OFFICE: BS 1202 DRAWER: RB CASHIER: RB ITEMS WITH AN ASTERISK (*) WILL REQUIRE FURTHER DEPOSITS WHENEVER ACTUAL COSTS EXCEED THE DEPOSIT AMOUNT ******************************** END OF REPORT ******************************** COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY / LAND DEVELOPMENT ROLLING HILLS 24320 NARBONNE LOMITA CA 90717 PHONE: (310) 534-3760 EXT: # 1202 BUILDING PERMIT DEMOLITION BL 1202 0511300065 LEGAL ID: ON FILE ASSESSOR INFORMATION NUMBER: 7569-007-001 TENANT: OWNER: SHEEN,HUI TSE;SHEEN,CHANG Y, DEC ES 1 POPPY TRAIL RHLL 902745137 TEL. NO: APPLICANT: EROSION CONTROL SPECIALISTS* 18781 VIEWPOINT LN HUNTINGTON BCH TEL. NO: (909) 753 -9637 - CONTRACTOR: EROSION CONTROL SPECIALISTS* 18781 VIEWPOINT LANE SUITE# 074 HUNTINGTON BEACH CA 92847 TEL. NO: (909) 753-9637- LIC. NO 851583 ARCHITECT OR ENGINEER: TEL. NO: LIC. NO: MAP NO: SEWER MAP BOOK: PAGE: FIRE ZONE: 4922 CMP: 01 NO. OF FAMILIES: DWELLING UNITS: APT/COND: STAT CLASS: NO 23 AIR QUALITY: NO SCHOOL WITHIN HAZARDOUS 1000 FEET MATERIALS NO NO NO. OF CONST SQ. FT STORIES TYPE STRUCTURE: 1600 EXIST BLDG USE: GUEST EXIST OCC GRP: USE ZONE: BLDGS. NOW ON LOT: 1 VALUATION: 500 BUILDING ADDRESS: 1 POPPY TR RHLL CA 902745137 NEAREST CROSS STREET: THOMAS PAGE: 823 GRID: El LOCALITY: ROLLING HILLS ISSUED ON: 11/30/05 PROCESSED BY: RB EXPIRES ON: 11/25/06 FINAL DATE FINAL BY: CODE: FEE DESCRIPTION: AA BLDG PERMIT ISSUANCE 02 DEMOLITION INSPECTN FEES PAID QUANTITY: UOM: AMOUNT: TOTAL FEES LEAD HAZARD WARNING: Due to the possible presence of (cad -based paint, lead safe work practices are required for all repairs in pre -1979 buildings that disturb paint. Failure to do so could create lead hazards that violate California Health and Safety Code Sections 17920.10 and 105256 and may he subject to a $1000 tine or criminal prosecution. For more information call 1 -800 -LA -4 -LEAD. REPORT ID: DPR261 ROUTE TO: BS1200 0.00 0.00 0.00 DESCRIPTION OF WORK DEMO 40'X 40' GUEST HOUSE SPECIAL CONDITIONS: 1110 PLANNING APPROVAL 11/30/05 & FEE WAIVER FAXED BY YOLANTA APPROVALS DATE INSPECTOR SIGNATURE PEDESTRIAN PROTECTION SEWER DISCONNECTION ABANDON PRIVATE DISPOSAL UNDERGRND STRUCT REMOVAL AND SOIL RECOMPACTION Cut on dotted line. Instructions 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and us ed only once. DO NOT PHOTO CO PY OR ALTER LABEL. 2. Place your label so it does not wrap around the e dge of the package. 3. Adhere your label to the package. A self-adhesiv e label is recommended. If tape or glue is used, DO NOT TAPE OVER BA RCODE. Be sure all edges are secure . 4. Affix Priority Mail postage to your label or take to a Post Officer". 5. Stamped packages weighing 16 ounces or more may not be placed in USPS collection bo xes. 6. M ail yo ur package on the "Ship Date" you selected whe n creating this la bel. Online Label Record (Label 1 of 1 ) Signature Confirmation"' Number: 2103 8555 7490 9158 1625 Not Paid Online Prin t Date: 12/06/2005 Priority Mail® Postage: Ship Date: 12/06/2005 Signature Confirmation: 51 .30 Weight: 2 lb 0 oz (Electro nic Rate) _ To tal: 55.15 From: CRAIG NEALIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To : MR. CRAIG M. COLLINS COLLINS LAW FIRM AON CENTER 707 WILSHIRE BLVD STE 4880 LOS ANGELES CA 90017-3604 • Regular Priority Mail rates apply. Signature Confirmation service electronic fee re quired. Delivery information is not available by phone for the electronic rate. A copy of the recipient's signature will be faxed or mailed upon request by visiting the web site liste d below or calling 1-800-222-1811. ���---- U NITED STLITES Thank you for shipping with the United States Postal Service! POSTi3L SER VICE Check the status of your shipment on the Track & Confirm page at www.usps.com Cut on dotted line. Instructions Online Label Record (Label 1 of 1 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail postage to your label or take to a Post Officer". 5. Stamped packages weighing 16 ounces or more may not be placed in USPS collection boxes. 6. Mail your package on the "Ship Date" you selected when creating this label. Signature Confirmation Number: 2103 8555 7490 9158 1625 Not Paid Online_ Print Date: 12/06/2005 Priority Mail® Postage: Ship Date: 12/06/2005 Signature Confirmation: 51.30 Weight: 2 lb 0 oz (Electronic Rate) Total: S5.15 From: CRAIG NEALIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: MR. CRAIG M. COLLINS COLLINS LAW FIRM AON CENTER 707 WILSHIRE BLVD STE 4880 LOS ANGELES CA 90017-3604 Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. A copy of the recipients signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. .� UNITED STATES Thank you for shipping with the United States Postal Service! POSTAL SERVICE m Check the status of your shipment on the Track & Confirm page at www.usps.com 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.kutakrock.com December 16, 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 DEC 2 0 2005 Re: Hui-Tse Sheen v. City of Rolling Hills Dear Mr. Collins: CITY OF ROLLING HILLS By ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS. CITY LITTLE ROCK LOS ANGELES OKLAHOMA. CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA I have been advised by the City's consultant, Group- Delta, that as part of the abatement process, and before work can actually be initiated, the City will need to drain a septic tank located on Mr. Sheen's property in close proximity to the head scarp. This is necessary to prevent any potential waste materials being deposited on or about the property when work is performed. I have been advised that Group Delta intends to drain the septic tank at 9:00 a.m. on December 21, 2005. Pursuant to our prior arrangement,and in the spirit of cooperation, I am providing you with as much notice as possible, if you or any of your experts wish to observe this process. I am advised that the actual work in flattening the head scarp will take place after the septic tank is drained, but I do not have a specific date for completion of this work at the present. As soon as I have information concerning when work on the head scarp will be completed, I will provide, as previously agreed, no less than 24 hours' notice of initiation of the work. 4833-4961-1520.1 O0us�',�,,n� KUTAK ROCK LLP Craig M. Collins December 16, 2005 Page 2 If you should have any questions concerning the subjects discussed above, please feel free to contact me at your convenience: JSG/eap cc: Craig Nealis, via facsimile Mike Jenkins, via facsimile Daniel Hyde, via facsimile 4833-4961-1520.1 MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis reported that he had no new evidence that the owner of #1 Poppy Trail had taken any of the actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. City Manager Nealis reported that Caballeros was going to host a 25 -year membership celebration in the City Council Chambers in November. City Manager Nealis reported that following the report from the West Vector Control District that a tick positive with Lyme Disease was found in the Purple Canyon, Mrs. McDonald, 30 Caballeros Road, was reportedly bit by a tick over the weekend in that area and that she was being treated by her physician who may elect to send the tick to a lab for testing. In response to Mayor Pernell, City Manager Nealis indicated that Caballeros and RHCA were notified immediately after the information was presented to the City from the District and the trails have been posted per the instructions from the District. In response to Councilmember Black, City Manager Nealis explained that the person believed to be responsible for the recent thefts in the City was arrested. Minutes City Council Meeting 10/24/05 -3- Letter of July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Sent Via Regular Mail Presumed received Mr. Craig Collins Sent Via Regular Mail and faxed on 8/1/05 Presumed received Letter of September 2, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Sent Via Regular & Certified & Posted Property Presumed received — signature card not returned by Post Office as of this date Mr. Alan Sheen 1 Poppy Trail Sent Via Regular & Certified & Posted Property Presumed received — signature card not returned by Post Office as of this date Mr. James Sheen 60 Crest Road East Sent Via Regular & Certified Refused — does not live at this address Mr. Craig Collins Sent Via Regular & Certified Signed — received Notice of Public Hearing (9/16) Mr. Alan Sheen 1 Poppy Trail Sent Via Regular & Certified Presumed received — enveloped returned by Post Office (unsigned) Mr. Craig Collins Sent Via Regular & Certified Signed — received 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. J` so that we can return the card to you. ® ` Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr,,' Craig M. Collins, Attorney Blum Collins LLP 707 Wilshire Blvd. # 4880 Los' Angeles, CA 90017 -COMPLETE,THIS SECTION.QN DELIVERY• A. Signature X c. ❑ Agent ❑ Addressee B. Reeived Printed Name) C. Da of9elivery D. Is delivery address different item 1? 0 Yes s yr Se If YES, enter delivery address below: 0 No 3. Se ice Type .Certified Mail 0 Express Mail ❑ Registered ieturn Receipt:for Merchandise ❑.Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee). 0 Yes 2. Ana` 7002 3� .150 0005 7770 5072 ' voGe ot fk,4. bikC_ PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE V11 IFirst -Class Mail Pc-_ :age & FeesPaidz;PS 1 Permit No. G-10 • Sender: Please print your name, addre City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 902�74CITY OF ROLLING HILLS IP+4 in this box • SEp g 2 2005 1 NO. 2 PORTUGUESE BEND RD. ROLLING HILLS, CALIF. 90274 i 1111 i 7002 3150 0005 7770 5072 Mr. Craig M. Collins, Attorney Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 an @,c9 Printed on Recycled Paper H ACT' •,,,r:: • 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 retum 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, Attorney Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 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. She 'ice Type ,®Certified Mali 0 Express Mall ❑ Registered j5kAetum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artic (rat 7002 3150 0005 7770 5072 No-Hte 0{ PttibC— PS Form 3811, February 2004 Domestic Return Receipt A-i e_a.letw^ J Iv., 102595-02-M-1540 U.S. Postal Service,. CERTIRED,MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) t= N N N «1 Return Rectept Fee (Endorsement Required) O Restricted Delivery Fee trt (Endorsement Required) r-1 m Total ru SentT N"Foli,I or PO l City, Sj Postage Certified Fee O5 - Postmark Here Mr. Craig M. Collins, Attorney Blum Collins LLP . 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 PS Form 3800, June 2002 tructions Certified Mail Provides: is A mailing receipt • A unique identifier for your mailpiece • "A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. • Certified Mail is notavailable 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 Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. (e ienea) tett eunr'con allnd Sd • 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. r- 1-4 iru rn rn O D Er - 17 D m D D D N U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Calk;. No'insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Po 1 Mr. Alan Sheen ql 16 05 Postmark Here Sent To Sheet, Apq 1 Poppy Trail or PO Box Rolling Hills, CA 90274 City, State, PS Form 3800, June 2002 See Reverse for Instructions Certified Mail Provides: A mailing receipt (aslenea) ZopZ eunp'0o8e Wood Sd ■ ,,., • A unique identifier for your maiipiece • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailo or Priority Mae.. • 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 Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maiipiece 'Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSI postmark on your Certified Mail 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 maiipiece 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. „ arm aa1loolvowl SsauaavHHruatial.1d0 t mere '3H.013d0.13AN3 dO do1.ty 133)1011S 33V 1d.r�. • • 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 a X Signature ❑ 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 ❑,., /Express Mall 0 •Registered fB Retum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0' Yes 2. 7005 0390 0000 3300 0217 OTTCE. c - PS Form 3811, Febru 2004 S N'_ r N , arY Domestic Return Receipt 102595,02-M-1540: CERTIFIED MAIL,M City o/ /e0//.9 NO. 2 PORTUGUESE BEND RD. ROLLING HILLS, CALIF. 90274 gcY Printed on Recycled Paper i 11111 11111 i iii 7005 0390 0000 3300 0217 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 U, S. PO: , • L. • H h'F,Tr.,t Ui L7 n -I to D D m m D D D D U- m D D tti FordeGvrymformatrontvisitrour we at Vrintw usps corn® _ , Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsr,ent Required) Total Pj Sent To Street, A or PO Bd City, Staff glslo5 Postmark Here Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 PS" Form 38 0 Ju' a 2002%'x 1r` u a�'""`�\ „ ,.,_ .._tx ,,,�SeeReverse:foYlnstruct�ons Certified Mail Provides: ■ A mailing receipt • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. • Certified Mail is notavailable 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 Retum 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 cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail 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. (evened) ZOOZ eunr '009e WJad Sd Iru D O m m D D D D D 0- m D D D U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) O F F Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted DeliveryFee (Endorsement Required) Total i Mr. Craig M. Collins Attorney Blum Collins LLP 707 Wilshire Blvd. # 4880 city, st Los Angeles, CA 90017 Sent To Street,1 or POE Postmark Here PS Form 3800, June 2002 See Reverse for Instructions Certified Mail Provides: • A mailing receipt ■ A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mall may ONLY be combined with First -Class Mail® or Priority Mail®. ■ 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 Retum Receipt may be requested to provide proof of delivery. To obtain Retum Receipt service, please complete and attach a Retum Receipt (PS Form 3811) to the article and add applicable postage to cover the. fee. Endorse mailplece Retum Receipt Requested". To receive a fee waiver for a duplicate retum receipt, a USPS® postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the _Addressee °or addressee's authorized a ent. 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 andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. (awned) aooa 0001" '0083 =OA Sd Return Reciept Fee (Endorsement Required) Restricted DeliveryFee (Endorsement Required) - - Total i Sent To Street, J or PO Postmark Here Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Certified Mail Provides: ■ A mailing receipt • A unique identifier for your mailpiece • A record ofdelivery kept by the. Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailc • Certified•Mail is not available for any class of intemational 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 cover the fee. Endorse mailpiece 'Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mall 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. leaieeaa) zooi eunr'oose WiO j Sd I1-1 ru O D m m O O O O O tr m u-) 0 U.S. Postal,ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tom Sen or F c• Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 1 aS Postmark Here Certified Mail Provides: • A mailing receipt • A unique identifier for your maiipiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. • 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'Receiptmay 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 cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mai! 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 maiipiece 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. (esJanad) Zo0Z Gun!' '008E wind Sd 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 • SEP 0 8 2005 City of Rolling Hills 2 Portuguese Bend Road Rollin Hills, CA 90274 CITY Rolling OF ROLLING HILLS =tom 0 SEN DER:. COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse. so that we can return the card to you. • Attach this card to the back of the mailpiece; or on the front if space permits. 1. Article Addressed to: Mr. Craig M. Collins Attorney Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 COMPLETE THIS"SECTION ON DELIVERY A. Signet X ❑ Agent ❑ Addressee B.. eceivedby"(PnntedName) C: Da) of. elivery /� ie/C� C)12/7 Z i/&'/< D. Is delivery address different from item 1? Q Yes If YES, enter delivery address below: 0 No 3. Service Type "Certified Mall 0 Express Mail ❑ Registered JiEf Return Receiptfor Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0000 3300 0248 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 g � .AMIE 0000 0 0 0 0000 SmoPac Commercial Banking Group Two California Plaza 350 S. Grand Avenue, Suite 4100 Los Angeles, CA 90071 (213) 830-2489 (562) 279-3588 (213) 617-7838 faTifn steve.lee@fenb-us.com Steve Lee , , . Far East Na Tonal On Executive Vice President A Member of SinoPac Holdings Commercial Banking Group Two Califomia Plaza 350 S. Grand Avenue, Suite 4100 Los Angeles, CA 90071 Tel: (213) 830-2489 Cell: (562) 279-3588 0 0 0 o Fax: (213) 617-7838 00000 E-mail: steve.lee@fenb-us.com SmOPac 2 Gam_ ( PHONE CALL; FOR (-/ ) DATE ti 21 O� IMEti2':,,0-SPMt M OF Fti1z' N coc 1 F.,._ i.J PHONED FAX PHONE ❑ moelLE RETURNED YOUR CALL c_o,v�9�tE(000y}�t , NtJ�n1)eR Os pm E.TENSON MESSAGE l �L q/ Vlt IIMM�� a�. PLEASE CALL. A/�_„ j r I'e II e it/C1Ct 4.0 �Q� _ � 'S „A/►�./ WILL CALL AGAIN Q&.-.. I k C CAME TO SEE YOU 1„ .I 1 �OtA O WEEYSU SEE YOU SIG^N^ED nl � l S ) r igoT O k 0}� ED]EL°®� Item OD115� n ^ n. A- .J `n ,. 1 �. 1 in" n iY ' .. L I I - A_ C 1_ .. h•-." -11S1r7.2. KE (PHONE CALL) e" A.M. FOR DATE TIME PM M OF 4- tVL A- 4,,; ` N w nI�Mn ri� 4k HONED 0 FAX ' j PHONE 0 MOBILE RETURNED YOUR CALL MESSAGE �RE_ACODEtztA 1 NLIMBER EXTENSION P . V(�"PL/1 10A PLEASE CALL I�,�1+,✓� o q-nt� lj� ����" /a l L��l V�VV�f -� (� ^.' a�-t WILLCALL /�^,� j10 ) Y /lM Wl /T. CA n.�%� AL CAME O SEE YOU / AV" -Ch tilY/l +c 7VYIArS WANTS SEE YOUO SIGNE t Office Item OD115� Use template for 5163® Mr. Steve Lee, Executive Vice President Far East National Bank Commercial Banking Group Two California Plaza 350 S. Grand Ave., Suite 4100 Los Angeles, CA 90071 14 ati,e. n5 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 tac 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, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 §1(part), 1981). 8.24.090 Court action. The City, Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 §1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES INACTIVE 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). 11/29/2005 13:48 3106438461 JENKINS & HOGIN LL,P PAGE 01 jENKINS HOGIN, LLP A LAW PARTNERSHIP MANHATTAN TOWERS 1230 ROSECR.AN8 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 (Sheen) Date: November 29, 2005 0 rig • :k4Y " .i;rX 4�gV , i„• .4e' Abatement Warrant *excluding this page COMMENTS: The information contained in this -facsimile is confidential and may be protected by attorney -client communication or work product privileges. The information is intended so[ely far the use of the individual or entity to whom it is addtessed. 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 retum the original by U.S. mail to the address above. Thank you. If there are problems with the transmission Of this documents, please call (310) 643-8448 E 1Ralling Hills1NEAUS FAX.wpd `-' L!S 3o ` '4.\t q- 11/29/2005 13:48 310643844 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 JENKINS & HOGIN LLo PAGE 02 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: jcotti localgovlaw.com 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 IN THE MATTER OF THE CITY OF ROLLING HILLS' APPLICATION FOR ABATEMENT WARRANT RE: PROPERTY LOCATED AT 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA [PROPERTY OWNED. BY ALAN SHEEN, XING CHING SHEEN, AND JAMES SHEEN] Warrant Case N4. [PROPOSED] ABATEMENT WARRANT [PROPOSED) ABATEMENT WARRANT 11/29/2005 13:48 e 1' 2 3 4 5 6 7 8 9 10 11 3106438441 1!!1/ • JENKINS & HOGIN LLP PAGE 03 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY POLICE OFFICER,FIRE OFFICIAL, CODE ENFORCEMENT OFFICER, BUILDING OFFICIAL, PUBLIC WORKS 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 1 Poppy Trail Road, Rolling Hills, California. The City of Rolling Hills and its officers, agents, employees, or authorized representatives are hereby ordered to eater onto the property located at 1 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: • 12. 1. Seal any and all renewed tensions cracks; 13 2. Demolish the guesthouse located at the rear of the Property; 14 3. Cover the entire affected area with UV resistant plastic sheeting; 15 4• . Flatten the landslide head scarp to a 1 horizontal to 1 slope; 16 5. lustall temporary drainage devices to divert stonnwater; and 17 6. Take other such steps as may be reasonable to ensure that the Property is in 18 compliance with the Rolling Hills Municipal Code, 19 Reasonable force may be used to enter the outside Property, or any part thereof, should any 20 request for entry pursuant to this Warrant be refused. 21 This Warrant shall be effective for a period of not more than sixty (60) days, unless extended 22 or renewed. No abatement authorized by this Warrant shall be undertaken without first providing•24 23 hours notice of the issuance of said Warrant by posting a copy of Warrant on the Property. 24. The abatement activities authorized by this Warrant may be undertaken in the absence of the 25 owner or occupant of the Property. 26 27 28 /1/ [PROPOSED] ABATEMENT WARRANT 1 11/29/2005• 13: 48 310643844 JENKINS & HOGIN LLP PAGE 04 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 A return to this Court shall be made in accordance with the provisions of Section 1822.55 of . the Code of Civil Procedure. DATED:. ? ✓ems , 2005 JUDGE OF71 E SUPER # R' COURT rr ancis .L HourigUti [PROPOSED] ABATEMENT WARRANT September 28, 2005 Cry NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrhia•aol.com VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT PROPERTY Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills; CA 90274 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. Page 2 If you do not take 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 8.24 of the Rolling Hills 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 9-23-05shc c it-lf r.cloc 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 41. 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 8.2.1.030 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 installing temporary 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 submit evidence 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 of the active landslide. The guesthouse'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 -1- Poppytrail, the co on of the guesthouse, the open crevices assures, 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 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 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 26`" DAY OF SEPT ER, 2005 Godfrey Pe e Mayor ATTEST: Cra1 R. Nealis City Clerk Resolution No. 996 STATE OF CALIFORNIA 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 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. Craig R. Nealis City Clerk Resolution No. 996 -3- EXHIBIT A City of Rotting. JJ p/9j „?c.P.7-OR2T2- __::0rr:: September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling HilIs, 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 -mall: c8yolrh@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. Resolution No. 996 -4- 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 hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 03.29-05shrrn-11 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 Resolution No. 996 -5- GROUP DELTA [k'JaYrisri:I j September 1, 2005 Project No. L-599 Dl 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 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. ♦ :.: . .r .3. :.i:::.. • , •. • • v.ux•.GromDelra.corri• Resolution No. 996 -6- • (:ItOUf L-599 DI Group Delta Consultants. Inc. Poppy Trail Landslide City of Rolling Hdls 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. 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 -i99 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 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. GROUP DELTA 10.7.1,14 Resolution No. 996 -8- • L-599 DI 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 Alike Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PC, CEG N:\Projects1500.5991L-599 Rolling Hill Poppy Trail Landshde'L-599A Poppy Trail Slide'.Documemsr.L-599 RH Poppy Trail Landslide - Letter Report #ldoc CI:OUP DELTA tlr7:GI Mali Resolution No. 996 -9- GODFREY PERNELI. D.D.S. Mayor 8. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER CounGlmernbe, FRANK E. HILL Councilmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: f/J• • l�ii o� IEoC/ ng - li c• . -. ._r,: ]:. NO. 2 PORTUGUESE BEND ROAD ROILING HILLS. CALIF. 90274 (3101377-1521 FAX: (310) 377.7288 Erna.' C lyolrhg•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 07-11.05shreendlr.dr,c cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUT' March 22, 2005 Project No. L-599 DELTA Lto.k ltilmki City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Mr. Nealis: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, 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 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. • v, wChoir ,Delia in♦ Resolution No. 996 -11- • GROUT' L-599 • Group Delta Consultants. Inc. Poppy Trail Landslide 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 prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. Resolution No. 996 -12- L-599 Group Delta Consultants. Inc. 3 Poppy Trail LanJaiJc 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 to of the slide is a near vertical sloe about 30 feet hi h. This scar is hi hl unstable and care should taken durin an bulldozer work, lastic sheetin or sandba in to not further de -stabilize the scar or endan er ersonnel b workin too close to the to 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. f)1LT,\ Ng:14174mm 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. 111ichacl D. Reader, VP, GE L-599 RIl Poppy Trail Landslide - Letter Report ni DELTA t.oial l i r.R11.1 Steven II. Kolthoff, PG, CEG Resolution No. 996 -14- CROUP L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills er . • • 1▪ . J, r rC . • r. • �( 02 ,.. !`l\ •••••-•,•-,. .1/ •tai•.• /; „t,..2!•;"/". - - mil•.� :( - -�� •'•'@�K—' . � � ;`� Wi t �• '• �., -Nr ry.1• :� -\• • o =`• 1O /,•' / • ` ' _l i �ti ! �; `' • ��`��� • • yr- :• Pl1l - L• : ./= !--- 'r l .1� 1. • T-1-31;r99..7. ----.7-7ac� 1 `: •- ('` "/ �`_- \ . • =• • \ • r � 1 ..r.-‘, \ ��•. �.. ��\2%r -- • 1 '.?=-ice.:.. �� '• ✓ !"/ • J i ';•-: :J;: 1 :` • 1:1* -;' t.• „ter ., c,.t. ---- 1 I. :% � ll:;` >'Ro 7 !. -�1• //' .I • Printed from TOPOt •' 1997 W'ddibwer Production; (www- Otop com11 ▪ " • �/ 1 VICINITY MAP Project Number: Project Name: Date: L-599 Poppy Trail Landslide Figure 03242005 Group Delta Consultants, Inc. Resolution No. 996 -15- L-599 • Group Delta Consultants. Inc. 6 • Poppy Trail Landslide City of Rolling II ills AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) GROUT' DELTA ta.1.1,1%•".1:1 Resolution Mo. 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 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). 8.21.020 Duty of owner or ossessor 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. 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). 8.21.040 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 Hearin e and decision If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of char -re. Upon failure, neglect a person notified pursuant to Section 8.24.050 to abate anuisance within thirty daysal by 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 concemed. 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 Char es 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, 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 5.2.1.030. The provisions of Sections 8.24.070, 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. 8.2S.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 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- • • Io// n�iiiI4 : • ..1,i1 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: cilyohh@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. 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 hesitate to call. Sincerely, fit/Li Craig R. Nealis City Manager CRN:mlk 08-29-05shccn-lf r.doc 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 GROUP September 1, 2005 Project No. L-599 D1 DELTA- mi CKei.rl>caji 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. .-_•_ i i',. �i,i -il:c . �!:Cc' i"_ 0 !aEli�. (.\ 9i;i!'I-145,..' ♦ Ic l i 'i� -i r,,,, \'kjk:♦ ,q49 :,r , :rr_r, `wv.rw.GroupDelta.conl♦ 1 GROUP DELTA bokusiu. Group Delta Consultants. Inc. L-599 DI Poppy Trail Landslide 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. 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 Delta Consultants. Inc. 3 Poppy Trail Landslide 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 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. DELTA tteiwill1ia L-599 DI Group Delta Consultants. Inc. 4 Poppy Trail Landslide 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. Kolthoff, PG, CEG N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc DELTA cz.,a.YI,.e,.tad 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: • 0 kOil-i.ri --gig i!,C.I.;:i-‘.:.11.1.1 E-Ce .':-:,:::.r,-; 24, N:::.:7 / NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX: (310) 377-7288 E-mail. cilyolrhw''aol.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, f/p Craig R. Nealis City Manager CRN:mlk 07-1 I-0j>hec71-1 t r.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering March 22, 2005 Project No. L-599 DE LTA.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 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. o V1 ww.Groupl)ella.cotn, GROUP L-599 Group Delta Consultants. Inc. Poppy Trail Landslide 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 portion of the landslide. Irrigation lines, a guesthouse footing and wall debris were foundation head scarp. slope drains were noted in the central collector pipe for roof runoff next to the noticed in the area of the guesthouse 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 (AN) 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. DELTA rcbiJ YI/ ti L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Mills 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. GROUT' DELTA R ma o L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills Closure 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 L-599 RH Poppy Trail Landslide - Letter Report # I G l:Ou l' Steven H. Kolthoff, PG, CEG DE LT:\ rkoZFYi! %F.m o L-599 Group Delta Consultants. Inc. GROUP DE LTA ( 'J:t.YkI>tii: bi 5 Poppy Trail Landslide City of Rolling Hills 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 property. Notice to abate nuisance. 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 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, • 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 8.2.1.030, 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). 8.24.080 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, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 §1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 §1(part), 1981). September 28, 2005 • c 0/Ro iPrtS _AA INCORPORATED JANUARY 24, 1457 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com VIA FACSIMILE, CERTIFIED AND REGULAR MAIL AND POSTED AT PROPERTY Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen -1 Poppy Trail Rolling Hills, CA 90274 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. @Printed Oft Recycled Ptiou'r Page 2 If you do not take 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 8.24 of the Rolling Hills 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, 9/-dv Craig R. Nealis City Manager CRN:mlk 9-28-05sheen-ltr.doc 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 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 installing temporary 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 submit evidence 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 of the active landslide. The guesthouse'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 -1- Poppytrail, th ndition of the guesthouse, the open crevic nd fissures, and the exposed th irrigation an inage pipes and facilities separately anc lectively constitute a public nuisance withi e 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 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 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 26`h DAY OF SEPT u : ER, 2005 Godfrey Pe e Mayor ATTEST: Craig R. Nealis City Clerk Resolution No. 996 -2- STATE OF CALIFORNO 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 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 Tern Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. Craig R. Nealis City Clerk Resolution No. 996 -3- EXHIBIT �� A '' // City o/ /Cot incg. IAD „ :::cr:-crxr a JANUArir ".14, ;,,5; 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: cilyolrh@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. Resolution No. 996 -4- • 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 hesitate to call. Sincerely, /ECG Craig R. Nealis City Manager CRN:mlk 03-29-05shrui-Jtr.doc 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 -5- GROUP DELTA tCU:3YtLk�I l:ixi September 1, 2005 Project No. L-599 D1 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 [he 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. •‘: :.: •wwu•.GroupDelta.corrt♦ Resolution No. 996 -6- • GROUP 1 DELTA taumvdu L-599 D I Group Delta Consultants. Inc. Poppy Trail Landslide 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 Iandside 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 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 Resolution No. 996 -7- L-599• Group Delta Consultants. Inc. • Poppy Trail Landslide 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 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. GROUP DELTA ausnuimu 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 1\Iike Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG N:\Projects\50o-599\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc DELTA Lt./J.141am la Resolution No. 996 -9- 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: RoifinCL �JVi �� r 24, 14..7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 E -mad: cilyofrtnaaol 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 07-11-05sherll-))r.dnc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUP March 22, 2005 Project No. L-599 DELTA' Ci of ts��1�tt,ra;,�i ty 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 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. • v .; w.Cronhl )cha.com • Resolution No. 996 -11- L-599 Group Delta Consultants. Inc.. • Poppy Trail Landslide City of Rolling Hills GROUP 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 prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. Resolution No. 996 -12- • • DELTA L-599 Group Delta Consultants. Inc. Poppy Trail Landslide 3 City or 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. Resolution No. 996 -13- L -599W Group Delta Consultants. Inc. 4 Closure Poppy Trail Landslide City of Rolling Hills 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 Ril Poppy Trail Landslide - Letter Repnn 51 GROUT' DELTA liMi.1g1/12141 Steven H. Kolthoff, PG, CEG Resolution No. 996 -14- • GROUP DELTA k•Rppiri taw L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills 11^9. ;•.ti--mQ•, ••'V i •: //•`` . • P. J , y t. i¢ dal' , -.• • \-•\':. m r ` • • ' a ,' ' `I i mgt j _ 3 Project Site \ o yr/' i a� ter.• `i i B£. o_^`::p vA' . ;� •+` Q /J l( J '� `_•►�i2r�Cr \� �AQfC) (%'•t\1�I� l is a^ ^� �j -'* -_� : --�. • �-� is r ,_�,�-- • `' ` Sta/t. •`.qo �� t''t,, 858 •� l� /. .- c •�'•• • •�� J�J t, ( �`rd�r--, � . `. -12 /- • or --• . Printed from TOPO! ,,D1997 Wi)tifbwer Production; Neu,* "moo »' unv logo com) VICINITY MAP — .. Project Number: Project Name: Date: L-599 Poppy Trail Landslide 03242005 Group Delta Consultants, Inc. Figure Resolution No. 996 -15- L-599 • Group Delta Consultants. Inc. Poppy Trail Landslide City of Rolling Hills GROUT' DELTA k.J.1.1 .:14', AERIAL PHOTO OF POPPY TRAIL LANDLSI DE 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 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 made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 §1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions 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 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). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 §1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 §1(part), 1981). Resolution No. 996 -19- TRANSMISSION VERIFICATION REPORT TIME : 09128/2005 09:03 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/28 08:57 12135720401 00: 05:50 22 OK STANDARD ECM et 0/ ie0ii n JIi it. INCORPOIxATED JANUM Y 24, 19.)'1 FAX COVER SHEET DATE: 1 ZS lc) TO: C .� I �2b21flt/ FAX _x'13) I - otI 0 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) $?7.1521 FAX: (810) 377-7285 E•mall: cityoffh@aol.corn TIME SENT: lat ` FROM: a OPERATOR: SUBJECT: e .a L No. REMARKS: 1'� TRANSMISSION VERIFICATION REPORT TIME : 69128/2865 89:11 NAME : ROLLING HILLS CITY FAX : 3183777288 TEL : 3183771521 SER.# : BROG5J3i3281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 69128 69:65 12135726461 66:65:44 22 OK STANDARD ECM eilyoiled/blot JhN INCORPORATED JANUARY 24, 1557 FAX COVER SHEET DATE: SI.05 TO: Cle,Cx.,C �_ FROM: 1140 le-rkty 6tit Lai FAX:(_,P713).__5 :-___p_ti01 SUBJECT; REMARKS: TIME SENT: NO, 2 PORTUGUESE (SEND ROAD ROLLING HILLS, CALIF. 94274 {314} 377.1521 FAX; (310) 377•-7288 E-mafl: City+atrhCapl.Gorn IT' 1-4 0 O 0 m m 0 O 0 m 0 Ul 0 N U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic' Mail Qply; .Ato Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Mr. Craig M. Collins SennTc Attorney at Law iieei, Blum Collins LLP o�Po'i 707 Wilshire Blvd. # 4880 City, Si Los Angeles, CA 90017 PS Form 3800; June 2002 03 Postma Here See=,Reversefor Instructions' Certified Mail Provides: (esienea) zooz ecnr'ooee mod sd • Amailing receipt • A unique identifier for your maiipiece v. • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. • Certified Mail is notavailabie 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 Retum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maiipiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail 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. • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Craig M. Collins Attorney at Law Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 0 Agent, ❑ Addressee ivery D. Is delivery address different from item 1? 0 If YES, enter delivery address below: 0 No es 3. ,S juice Type '.Certified Mall ❑ Registered ❑ Insured Mall ❑ Express Mall %ReturnRecelpt for Merchandise ❑ C.O.D.. 4. Restricted Delivery? Fee) t=1 Yes le flea. 9 I zaf os 7005 039❑ 0000 3300 0194 $tieth PS Form 3811, February, 2004 Domestic Return Receipt • 102595.02-M-1540.1 UNITED STATES POSTAL SERVICE 11 0 First -Class Mail Postage & Fees Paid uSPS ' Permit No G-10 • Sender: Please print your name, address, and ZIP+4,in j; � ! i i ¢,i ; s' City of Rolling Hills `' o. L J �. ,� . �`y( S: L• it x l� ti.'.i:I 2 Portuguese Bend Road Rolling Hills, CA 90274 giiy e3F r OLUNC HILLS lI11,ItII1111'11 1 I H .OL � U $OLLS 3OV1d .. .L101tl 3HL 013dO13AN3 d0 d011Y,_. _ � y;;,�'. • 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 retumthe card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Craig M. Collins Attorney at Law Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) ❑ Agent ❑ Addressee IC. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. nvIce Type nCertifled Mall ❑ Registered ❑ Insured Mall ❑ Express Mall %Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Ar•� Welt of 912.810s (r 7335 0390 0000 3300 0194 5htth PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540, CERTIFIED.:MAILr.i City 0/ NO. 2 PORTUGUESE BEND RD. ROLLING WILLS. CALIF. 90274 CS) Printed on Recycled Paper 1111111 il i 7005 0390 0000 3300 0194 11.1..11...11 111...1..11.1 Mr. Craig M. Collins Attorney at Law Blum Collins LLP 707 Wilshire Blvd. # 4880 Los Angeles, CA 90017 H ME ER` 2C %2 p • erena`' (Dorrlest�c Mail nlyNolnsuran eVov a e Provide• For tleliveryAnformaUon yvis t oitriwepstte tik*Veus s eorti", Postage N Certified Fee O Il Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tot Sent 1 Stree or PC Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 Po ark Here See,;Reve"" se to qi strii"�""c, s " Certified Mail Provides: • A mailing receipt'; • A unique identifier for your maiipiece • A record of delivery kept by the Postal Sery important Reminders: ■ Certified Mall may ONLY be combined with First -Class Mail® or, Priority Mall®. ■ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. 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, p ease complete and attach a Retum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maliplece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mall 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:'" (owned) 3003 eun''008S wind Sd ice for two years LW CERTIFIED AIL M„ City 0/ NO. 2 PORTUGUESE BEND RD. ROLLING HILLS. CALIF. 90274 gc9 Printed on Recycled Paper i i 11 i i i 7004 2510 0007 4497 7683, 11111111111111111111111111111111 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 F'' .- �i ih�ii�"u� i •j . �Ojl a -o a013AN330 d01 Ltl tl3)17u333V1d 3;� . ... yHJIH 3Nl • 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. U . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 COMPLETE -THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C: Date of Delivery D. Is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type tit Certified Mall ❑ Registered ❑ Insured Mall 0 Express Mall 1:11 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Art 7004 2510 0007 4497 7683 PS Form 3811, February 2004 Domestic Retum Receipt 0 Yes ►e toq.afrJos 102595.02-M-1540 xu41 ix vnpm mil N D D D D r3 u-) 111 D D N U.S. Postal ServiceTM CERTIFIED, MAILTM RECEIPT .(Domestic Mail Only;, No:Insurance Coverage Provided), O F F AL U g E. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Sent Tol Street, it or PO B City, Stt Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 Postmark Here PS Form 3800, June 2002 SeeReverse for Instructions Certified Mail Provides: • A mailing receipt • A unique Identifier for your maiipiece • A record of delivery kept by the Postal Service for two years Important Reminders: • • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. • Certified Mall 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 Retum 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 cover the fee. Endorse maiipiece 'Retum Receipt Requested". To receive a fee waiver for a duplicate retum receipt, a USPS® postmark on your Certified Mail 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 maiipiece 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 (esiane& Zoos eunr'ooss uuoj sci4 addressed to APOs and FPOs. City of Ro/�tn9 JJ ff NO. 2 PORTUGUESE BEND RD. ROLLING NILLS. CALIF. 90274 (?=.09 Printed on Recycled Paper i 11 11 11 i 11 7004 2510 0007 4497 7676 11111111111111111111111111111111 Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 U.S. PG... ,_ .�.€ z.a H n^FTEi,520'f2:'.. ■ 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 mailplece, or on the front if space permits. 1. Article Addressed to: 2. Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 --s4eirlu? COMPLETE THIS SECTION ON DELIVERY 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: ❑ No 3. Service Type. itr Certified Mall ❑ Registered ❑ Insured Mall ❑ Express Mall Cd'Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7004 2.510 0007 4497 7676 PS Form 3811, February 2004 Domestic Return Receipt 2 o e 0 Yes 102595-02-M-1540 •• C.ey o� �9 Jd'!!, \\\\ \\\\\\\\\\\\\\\\\l\\\\\ \l \\lll NO. 2 PORTUGUESE BEND RD. ROLLING HILLS. CALIF. 90274 Rmoy Printed on Recycled Paper 7004 2510 0007 4497 7690 llllllilllllllllllllllllllllllll Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 D Er N N D-' N D D D r1 Ill D Sent To D N tl.S. P)5 : rte{ yH METE:v.:520 .._,. 4 NJ , @gkliWYN, Tif M n) o •tn stic Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pot Street, ApI or PO Bolo City, State, Cfr cI 22 Q1 Postmar Here Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 ■ 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 mailplece, or on the front if space permits. ' 1. Article Addressed to: Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 COMPLETE THIS SECTION :ON.DELIVERY A. Signature X ❑ Agent, ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Dirb Certified Mall ❑ Registered ❑ Insured Mall ❑ Express Mall lig Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artli 7224 2510 0007 4497 7690 5/2.3105 1 t 44-e PS Form 3811, February 2004 Domestic Return Receipt 102595.02=M-154o`j. 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 11 slope, covering the entire affected area with UV resistant plastic sheeting, and installing temporary 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 submit evidence 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 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. c. Currently, the foundation of the guesthouse is exposed from below and rests at the top of the active landslide; The guesthouse's concrete foundation was damaged in the landslide, and it continues to suffer damage as the ground moves. The guesthouse wasred-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 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 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 e Mayor ATTEST: /»/' Craig R. Nealis City Clerk Resolution No. 996 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 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 regularmeeting 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 Resolution No. 996 EXHIBIT DD A City 0/ Rott Cg _Riff ,,,_cr:=OI,AT2 �.,:ua.ry _ ic•s; September 2, 2005 VIA CERTIFIED AND REGULAR MAIL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 E-mail: cilyolrh@aol.com Mr. Ying Ching Sheen Mr. Alan Sheen Mr. James Sheen 1 Poppy Trail 1 Poppy Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: 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 propertythat 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. ©r -r:,. , . ,,,.rl.,v.:r,.•r Resolution No. 996 -4- 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 hesitate to call. Sincerely, Craig R. Nealis City Manager -CRN:mlk 08-29-05shrrn-lh.doc 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 GROUP September 1, 2005 Project No. L-599 D1 rkkmaiirimais 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 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.GrounDelta.cont♦ : I •. _ : • Resolution No. 996 -6- DELTA l.(111Y\L1.1 L-599 DI Group Delta Consultants. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Poppy Trail Landslide City of Rolling Hills 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 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 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 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 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 Resolution No. 996 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 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. GROUP DELTA rt.�i i man Resolution No. 996 L-599 D1 Poppy Trail Landslide Group Delia 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 Alike Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide \Documents \L-599 RH Poppy Trail Landslide - Letter Report t$2.doc GRou DELTA to auuu9 Resolution No. 996 -9- 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: i4 0/ /elf n ✓�Tt .3 _ r.tt Ec• r . 24, _7 OD , NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Emal. cilyolrh@aol.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, Craig R. Nealis City Manager CRN:mlk 07-71-05shrru-lir.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUP March 22, 2005 Project No. L-599 DELTA City of Rolling Hills ts��i�tt,raat�i 2 Portuguese Bend Road Rolling Hills, California 90274 r. 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 SCIMMARY 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. • u ww.(;ronpl )ell:t.cwn ♦ 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 GROUT' DELTA tkga. itLTat1 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 Land,lide 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 landside might not be accessible, the borings will be drilled below the landslide to determinethe 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 ILL- LT.\ Resolution No. 996 -13- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 4 City or 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 Repon irl GROui' r DELTA tk'J:FnUiL1Sd Steven H. Kolthoff, PC, CEG Resolution No. 996 -14- L-599 Group Delta Consultants. Inc. Poppy Trail Landslide City of Rolling Hills :: % /' �E /{• t • �i•- •1 :-/A. ` /.• 1, ....41... ..: .:::,...4./,,,__,. � • � :�,1• `.�\ yv a%�/ /61-7:. ............ , c' . � - .•(� •'ti, lam= •' => Ta^= ' �....: p.. e;/...,„_ >....:,. ,pj'. %. aal - /: :_o IJ :'' is\--�\`'' -r�--:-' .• .: i �� ^-- 0,2:7.; i 11 (.../1 f- 1 f,..--._. ,,- V ` 1. / %: / _I IV -t /r Project site Ja..,l ! .�• r girl �� =�:;..: In ;:. 11 -�� ▪ '• `--. ;: _ . • .\'_�-_•G'5---�.• -▪ • •(----,s6— .. F . - is \ .'� ''% ►:, ' �'. •' \_.`• I'. �i J•[d" \Oi; I •. _ ,'',�/ • rif.h ..x.17, J% /•ma c r�C` • �VdT, NIX ..158 • �` �-4 t r`\-.1 - ' :// t, - ! �\ `\••� � i /• :::;:;'-.2—e,..._...;,'-' 7.5: :-: .49 .,.I ,)..._ 1, , .1_,..:( ....„.. (,) ., :- it,,...•-..,;;•-• ./.-.4.17.--. ,-- 1 - '`.--77 ti ..t': . 1 :ji --:.-•_:-.--, _Lr: ... „. r r \.. ," , 21� : �• ] (• ..4 .. �.. •. \ :Fsr' i'•..tt Printed from TORO! PI997 Wildflower Production; (www fopo con)' •• VICINITY MAP Project Number: Project Name: Dote: Group Delta Consultants, Inc. L-599 Poppy Trail Landslide 03/24/2005 Figure GROUP DELTA [.1.1:41911 bt:r14 Resolution No. 996 -15- L-599 Group Delta Consultants. Inc. 6 Poppy Trail Landslide City of Rolling Hills AERIAL PHOTO OF I'OPI'Y TRAIL LANDLSIDE AREA (Photo March 2004) GROUP r (DELTA Imia,01i1.1:141 Resolution No. 996 -16- ROLLING HILLS MUNICIPAL- CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections:' 8.24.01.0 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 billedon tax bill 8.24.0907. Court action.. 8.24.100' Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance"shall be defined as anythingwhich is injurious to health or safety, 'orris indecent or offensive to the senses, or an obstruction tothe 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, orany 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 which shall be set for the regular meeting of the Council next following the expiration of the fifteen-dayy 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'F 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, placeor 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,togetherwith 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 ofits 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 maybring 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 Resolution No. 996 -1 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 8:24090 shall be applicable. (Ord. 190 §1 (part), 1981).. Chanter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLLDE`AREAS Sections: 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 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 8.2.1. (Ord. 190 §1(part),1981). 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 installing temporary 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 submit evidence regarding the condition ofthe 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 of the active landslide. The guesthouse'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 -1- 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 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 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, whichshall 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 u : ER, 2005 ATTEST: Craig R. Neal is City Clerk Godfrey Pe e Mayor 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 ancFadopted-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 `r NOES: ABSENT: ABSTAIN: None. Norte. None. Craig R. Nealis City. Clerk Resolution; No. 996"' -3- EXHIBIT A —Rig aa City. o/ Rotting —Rig ,z:CCr:PC'.AiElr .:.t.;:i.1ary _ 1,..,,; 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: cilyofrh@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. ©rr:� .,.. r n,. l 1, •r .,a,:. r I,. a ..:. 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 postedthis letter at the property. Should you wish to discuss this further, please do not hesitate to call:` Sincerely i Craig R'Nealis City Manager CRN:mlk 03-29-0Ssfiern-lh.doc 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 -5; GROUP September 1, 2005 Project No. L-599 D1 DELTA [rrttrlkarr6i 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. •. .:.. i. ♦ :.:u.e.c... .-f-. ♦ , .1 •• -S • ♦ i .. i; .., ' . .. ♦ • . . . . • .. ♦ www.GrounDelta.corrl♦ i.: : ♦ „ Resolution No. 996 CROUP DELTA 1.01.11110.1.10 L-599 DI Group Delta Consultants. Inc. PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Poppy Trail Landslide City of Rollins Hills 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 Iaidback 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 waterbeyond 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 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 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. GROUT DELTA t(J.iattfuaf Resolution No. 996 -8- L-599 D1 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 l\like Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG t;:\Projects\500.599\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide \ Documents \L-599 RH Poppy Trail Landslide - Letter Report t2.doc GROUP DELTA tomiavula Resolution No. 996 -9 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: II :.... ... _I;G1 _l• . —. = �.: 24. 15..7 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E•mad. cilyolrheaol.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, Craig R. Nealis City Manager CRN:mlk 07-11.05shrr n-11 r. Arc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Resolution No. 996 -10- GROUT) March 22, 2005 r-( Project No. L-599 DELTA, Ci of Rollin Hills CLij:riw ra:tcy ty g 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 u w.CronpI)eh:r.com • Resolution No. 996 -11 L-599 Poppy Trail Landslide. Group Delta Con<ultants. 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. GROUP DE LTA t1 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. Thedrainage 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 IDEI_T,\ 001:41,14 Clartl Resolution No. 996 -13- L-599 Poppy Trail Landslide Group Delta Consultants. Inc. 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 1-599 Rli Poppy Trail Landslide - Letter Report 01 GROUP r DELTA wpm t c.1: r j Steven H. Kolthoff, PG, CEG Resolution No. 996 -14- j, r ..),...,..!4/..1 -.-.: r ? 1 n f' C' ;I:, 1/..:;.--4•;.• ( ter,. � v.'. .% ' i. / �l —''h a l r j. 1 1 .' (r) i _ / %..r:r \ t ...n___ , 6.. \ r. L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills \\N .y t �/ � /6_7'•.../• -_ � i lI \- \ T•��' • !/ 111 •`.\ .. _-. ,J•7. .•1(.�� F;re 'BPD •i iyr' -. 't\ -..1,1:„..:42.7f7 ;1\., 3I' 3• ` •t' �_ . t ., i'— /-.. `/, - t';.•.h 1'/ i:•:C • k; 1 i` > l•' „ `�' s •F; ::::,;3:-/'' iii(i.17,..1/:". . ant:.%�._ .�..1 '�4",•( ^• y-� C'- .,I 1..R,..: 1 I ':C• • we (, toto com) i :fit 41 Printed from TOPO! X1997 Wildflower Productions (www po com) � " VICINITY MAP Group Delta Consultants, Inc. Project Number: L-599 Project Name: Poppy Trail Landslide Date: 03242005 Figure GROUP DELTA k.I t.191/.t:t F1 Resolution No. 996 -15- L-599 Group Delta Consultants. Inc. 6 Poppy Trail Landslide City of Rolling Hills AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) GROUT' DELTA L a.M1,11!.1:1141 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 Hear.ing 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 anystreet, 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 herown 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 thatif 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. Thenotice shall specify the time, date and place of. the hearing, Resolution No 996 which shall be set for the regular meeting of the Council next following the expiration of the fifteen---dayperiod. (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 citv--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 tocause 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 afterthe date of the notice of thecost of the abatement, the City Clerk shall record, inthe 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 ofthe 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 maybring 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 Resolution No. 996 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: 8.2.8.010 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- cctla 05 Oul,k6 NAT\L PHASE I AND II, GEOLOGICAL AND GEOTECHNICAL REPORT POPPY TRAIL LANDSLIDE CITY OF ROLLING HILLS, CALIFORNIA JUN 1 7 2005 cm,oF ROLLING HILLS By, Prepared for City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Prepared by GROUP DELTA CONSULTANTS, INC. 2291 W. 205th Street, Suite 105 Torrance, CA 90501 Phone (310) 320-5100 Fax (310) 320-2118 Project No. L -599B June 16, 2005 1100051 SHEEN Phase I &II, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA 5.0 DISCUSSION AND RECOMMENDATIONS 5.1 General June 13, 2005 Page 10 The general results of this investigation, is that the Poppy Trail Landslide failed along a 1 foot or more bed of bentonite which was above the sandstone/siltstone bed above the Catalina Schist. In this area of Rolling Hills, continuous beds of bentonite was very common in the substrate. As the sliding body creeps, strain along the sliding surface accumulates until the bed fails. The residual shear strength of the bentonite along the sliding plane was found to be about 450 psf and 8 degree, for cohesion and friction angle respectively as a result of the laboratory testing. The results of back - analysis yielded a cohesion of 0 kips and an angle of friction of 17 degrees. The factor of safety for the existing slope was calculated to be about 1.1. Our analysis showed that the proposed temporary access road may not significantly decrease the factor of safety of the existing slope. The factors of safety for the three cross -sections analyzed are shown in Table 2. Table 2: Summary of Minimum Factor of Safety for the 3 Cross -sections Analyzed Cross-section A -A' B -B' C -C, Existing Slope 1.11 With Proposed Road 1.14 1.15 2.16 1.15 2.33 5.2 Design Alternatives Concurrent with the on -going geologic investigation, alternative temporary access plans have developed by Bolton Engineering. To date, at least 3 alternatives have been considered in order to create an access road suitable for automobile traffic. Constraints imposed on the alternatives were as follows: • Minimal impacts to the existing horse trail. • No construction which would impact the "blueline" stream in the west fork of George F Canyon. • No construction which would cause significant further movement of the landslide. • All construction within City of Rolling Hills property. • Minimum coast L-5995 Final Report.doc Phase I &II, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 11 The alternatives have been considered included the following: Alternative 1—Tem ora Access below east of current Po Trail This alternative was evaluated and discussed in concept; however, no plans were prepared. Essentially, this alternative included use of a large portion of the existing horse trail, as well as the picnic area below existing Poppy Trail. This would have required paving much of the horse trail, paving an access through the picnic area, and possible widening of the horse trail in its southern portions where it intersects again with Poppy Trail. Although this alternative could have been constructed the quickest, it was dropped from consideration due to significant negative feedback received by the City from the Poppy Trail residents regarding and picnic area, and possible impacts to the "bluel ne"seam ri n the of the forkrailof George F Canyon. Alternative 2 — Re -o enin Current Po Trail This alternative would have consisted of removing the slide debris that was blocking the current alignment of Poppy Trail. This alternative was eliminated for geologic reasons. Currently, the slide debris that comprises the toe of the landslide is resting on Poppy Trail, which was constructed on basement rock (Catalina Schist). It is this reason, primarily, that the landslide did not extend further to the east, down into the canyon. As such, the landslide toe is currently acting to resist further movement of the landslide above. Removing the landslide toe would very like cause re -initiation of movement of the landslide, which would affect all of the currently involved property owners. Alternative 3 — Tem ora Access Above west of Current Po Trail Several alignments were considered within this alternative. This alternative essentially consisted of extending a temporary alignment of Poppy Trail through the current landslide, but within City property. While constructing a roadway through a recent active landslide is an entirely undesirable undertaking, it nonetheless became the only feasible altemative to restore vehicular access to the residents of Poppy Trail given all of the project constraints discussed above. In this regard, one of the findings of the geologic investigation became an important mitigating factor; the finding that the toe of the current landslide was resting on a more stable formation (Catalina Schist). In addition, the recent movement had removed material at the . head of the landslide, thus increasing the factor of safety of the landslide itself after movement had ceased. The combination of these 2 factors made it feasible to consider this alternative. Note, however the recent landslide has decreased the stability of the property above the current head scarp, which is #1 Poppy Trail and the neighboring property to the west along Portuguese Bend Road. L -599B Final Report -doe 1 •=1. 1 Phase I &ll, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 12 In developing vertical and horizontal alignments through the current landslide with Bolton Engineering, GDC imposed the following conditions: • No cuts could be made in the landslide which would expose the slide plane, or jeopardize the gross stability of the landslide. • The net effect of grading should be to import soil, or at worst, create a balanced cut/fill operation while still creating the absolute minimum excavations feasible. • Since the timing of the mitigation of the 30 -foot high near -vertical head scarp on #1 Poppy Trail was highly uncertain and may take several years, a collision debris wall would be required to protect users the temporary Poppy Trail. The result was the alternative depicted on Figure 11. Please note that the alignment depicted in Figure 11 is a working alternative, and it should be expected that the final design may be somewhat different. As depicted in Figure 11, the maximum cut slopes are about 15 feet in height. As discussed above, this alignment will be a new, temporary roadway though an active landslide. As such, it is important note the following: • Construction activity of the temporary Poppy Trail could cause some movement of landslide and adjacent portions of the ancient landslide. This construction activity should be monitored, and halted if significant movement is noted. • The roadway will be subject to on -going movement and settlement as the landslide debris continues to creep and settle. As we have discussed with the City, this is a similar condition as exits within the much larger Flying Triangle Landslide area, where Rolling Hills Homeowners Association is familiar with maintaining roads in active landslide areas. To mitigate some of the effects of subgrade movement, a geogrid (Tensar BX 100 or equivalent) should be placed below the base course during pavement construction. • The debris wall will act as protective debris catchments only. It is not intended to increase the stability of the landslide in any way. • The grades of the new roadway will be steeper than normally allowed in new roadways. However, the constraints of the site dictated both the vertical and horizontal alignments. L-5998 Final Reportdoc 1 r r Phase I &ll, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 13 • Given the grades of the new temporary roadway and its alignment through and active landslide, the new road should be used with great caution, and users of the road should be made aware to drive very carefully, watch out for falling debris, and drive at significantly . reduced speeds. Appropriate roadway signs indicating these conditions should be installed. • No vehicle heavier than a local delivery truck should be allowed on the road. Specifically, no heavy construction equipment should be allowed on the road after it is paved. Appropriate roadways signs indicating this condition should be installed. 5.3 Stability Analyses 5.3.1 Back Analysis Our field exploration identified that the subject landslide failed along a bedding which was comprised of about 1 foot or more of highly sheared bentonite. We performed a back analysis for cross section A -A' along the existing failure plane to evaluate the residual shear strength parameters. The slope geometry of its pre -failure condition was estimated by extrapolation of the topographic contours and examination of the historical aerial photos. The strength parameters from back analysis are not unique, namely, a number of different combination of cohesion and friction angle could yield the same factor of safety. To simplify the problem, some researchers (Stark et al., 2005; Abramson et al., 1995) recommended that the value of cohesion could be set to zero. This is based on the fact that at large strain, because of the re -orientation of the clay particles .parallel to the direction of shear, the bonding between particles that leads to cohesion is reduced. The residual friction angle resulting from the back analysis was `found to be 16 degree. If cohesion from the laboratory test is considered, the residual friction angle from back analysis is 12 degree. The back analysis with tension crack developed on the crest of the slope yielded slightly higher shear strength parameters for both cases. For conservative considerations, back calculated shear strength with tension crack incorporated in the model was not used. The results are presented in Appendix C. L-5998 Final Reportdoc Phase 1611, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 14 5.3.2 Evaluation of Shear Strength Parameters The residual friction angel and cohesion, tested on a remolded sample taken from the sliding plane is 240 psf of cohesion and 8 degree for internal friction, respectively. Atterberg Limits are tested for two soil samples -from the sliding plane. One sample turned out to be partially cemented, thus not used to estimate the shear strength parameters. The Liquid Limit of soil sample from the sliding plane is about 80 %, which corresponds to a mean secant residual friction angle of about 12 degree with lower and upper bounds of 8 and 16 degree respectively (Stark et al., 2005). The plastic Index is about 40, which corresponds to a mean residual friction angle of 12 degree with lower and upper bounds of 10 to 15 degree (Abramson et al, 1995). One uncertainty involved in the back analysis is the restoring of pre -sliding topography, where no detailed topographic map is available for the project area. As a result, we determined that the residual shear strength test, which are 240 psf and 8 degree, are more representative, thus used in laboratory our subsequent analysis. 5.3.3 Existing Slope The stability of the existing slopes along cross-section A -A', B -B' and C - C' was analyzed using the shear strength parameters described above. Cross-section A -A' and B -B' were located through the current landslide area, whereas, cross-section C -C' is outside of the current sliding area. However, a shallow old landslide failure plane was identified as indicated on the geologic map (Figure 7). Based on our understanding of this area, the residual shear strength for the older slide plane is set to 300 psf cohesion and 12 degree friction angle. The most critical potential failure plane is the existing pre -sliding plane. A random search with searching step of 2 feet was conducted to determine the potential failure surface within the landslide debris at the toe of the existing slope. For the three cross-section analyzed, the factor of safety is about 1.1. The results are presented in Appendix C. 5.3.4 Temporary Access Road The stability of the existing slope with the proposed temporary access road for cross- section A -A', B -B' and C -C' was analyzed and results presented in Appendix C. For cross-section A A', the elevation of the proposed road is 850 ft, which is about 20 feet above the identified sliding plane. The imported fill for this part of the road acts as resisting force which slightly increases the stability of the slope. For Cross-section B- B', the proposed road is about 10 feet above the identified sliding plane. As summarized in Table 2, the proposed temporary road will not decrease the stability of the existing landslide. For cross-section C -C', the factor of safety is slightly increased after the proposed temporary road. it DELTA L-5998 Final Report.doc Phase 1 &11, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA 5.4 Earthwork 5.4.1 General June 13, 2005 Page 15 All grading should be performed in conformance with the current Los Angles County grading code and the recommendations in this report. All grading should be performed under the observation and testing of the project geologist and geotechnical engineer. g 5.4.2 Stripping Prior to the start of earthwork, all existing vegetation and debris shoul from areas to be graded and taken offsite for disposal. d be removed 5.4.3 Removals My undocumented fill, colluvium, creep affected bedrock, or other unsuitable earth materials present with the limits of the area to be graded should be removed and replaced with properly compacted fill. The actual limits for removals should be determined during grading by the project geologist. Note that the shallow landslide below Poppy Trail south of the existing large landslide requires removal prior to placing new Fill.. 5.4.4 Temporary Backcuts Backcuts to construct stabilization fills and buttresses should be made at inclinations of 1-1/2 to 1 in areas of unfavorable bedding. No fill should be placed above backcuts until the buttress fill is completed. Under any circumstances, no backcut at the toe of the slope is allowed. All backcuts should be observed and mapped by the project geologist. 5.4.5 Fill Slopes and Buttresses Fill slopes are planned to be constructed at a maximum inclination. of 1.5 to 1. Fill placed on sloping ground should be properly keyed and benched into undisturbed, competent native material or properly compacted approved fill. Fill slopes should be overfilled by at least 4 feet and trimmed back to provide a firm well -compacted slope face. In lieu of overfilling, each four foot vertical lift of fill should be backrolled and tested for compaction, before proceeding with further fill placement. It is recommended that backdrains be placed behind compacted fill. A typical cross- section for buttress design and backdrain installation is provided in Figure 12. If zones of seepage are exposed during grading, additional backdrains should be installed, as directed by the project geologist. TlPT`T L-59913 Final Report.doc Phase I &11, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 16 5.4.6 Recommended Geologic Inspections All grading work should be performed under the observation and testing of the project geologist and geotechnical engineer. During grading, all cuts and back cuts should be continuously field checked by the project maintained based on the bedrock exposures observed. If any adverseist and a geologic features map exposed, an evaluation should be made by the project geologist to determine the need to modify or stabilize the grading. In addition, the actual limits for removals should be determined during the grading by the project geologist. 5.5 Slope Maintenance All properly constructed slopes are considered to be grossly and surficially stable. However, any slope will be subject to erosion and degradation with time, due to both natural and man-made conditions. However, with proper care, the rate of degradation can be minimized. Care should be taken to maintain a uniform, near optimum moisture content in the slope soils, and to avoid over -drying or excess irrigation. This will reduce the potential for softening and strength loss. In addition, slope maintenance should include the immediate planting of the slope with approved, deep rooted, lightweight, drought resistant vegetation, as well as proper care of erosion and drainage control devices, and a continuous rodent control program. Brow ditches and terraces should be cleaned each fall, before the rainy season, and should be frequently inspected and cleaned as necessary after each rainstorm. Access to the slopes, including foot traffic, should be restricted to avoid local disturbance to surficial soils. 5.6 Monitoring and Instrumentation Tension cracks at the crest of the slope often provide the first sign of instability. If cracks appear at the top of the slope or elsewhere, their width and vertical offset should be monitored. On natural slopes, bowing of trees provides signs of prolonged creep of the hillside. Attention should be paid to unusual tilting of trees, which often indicate a more recent movement. After visual signs of instability are noticed, instrumentation, such as surface extensometers, should be placed to monitor the rate and direction of the movement. The influence of groundwater on slope stability is two folds: 1) it adds a contributing force, and 2) it reduces the effective shear strength along the potential failure surface. Although no groundwater or seepage were noticed during drilling, in wet season, water infiltration from ground surface can result in the development of perched water tables at boundaries of two materials with different permeability. If feasible, standpipes or piezometers should be installed to monitor groundwater changes within the slope. L -599B Final Report.doc a (GROUP Phase I &II, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 17 6.0 POST INVESTIGATION GEOTECHNICAL SERVICES Post investigation geotechnical services will be required during project design and construction. It is recommended that GDC review the project plans and specifications prior to finalization to verify that our recommendations are properly interpreted and utilized. During construction, the site grading should be performed under the observation and testing of the project geologist and geotechnical engineer, to verify the applicability of our recommendations, and to recommend appropriate changes if conditions differ from those described herein. This includes having the project geologist continuously check, approve, and map all bedrock cuts, including backcuts and shear keys for buttresses. In addition, other activities requiring observation and/or testing include stripping/clearing, excavation, installation of the drainage system, proof -rolling, placement of compacted fill and backfill, and the placement and compaction of pavement base material. 7.0 LIMITATIONS The conclusions and recommendations contained in this report are professional opinions, intended for the use of the City of Rolling Hills. This report has been prepared solely for the design of the improvements described herein, and may not contain sufficient information .for other uses. The recommendations should not be extrapolated to areas not covered by this report, or used for other facilities without the review and approval of GDC. If this report or portions of this report, is provided to contractors, or included in specifications, it should be understood that they are provided for information only. Our investigation and evaluations were 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 recommendations for this project are, to a high degree dependent upon proper quality control of construction. Consequently, the recommendations are made contingent on the opportunity of GDC to observe grading operations and subgrade preparation. 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 recommendations in this report or provide alternate recommendations as deemed appropriate. L-5996-FjnaI-Reportdoc - • ant GROUP Phase I III, Geological and Geotechnical Report Poppy Trail Landslide Rolling Hills, CA REFERENCES June 13, 2005 Page 18 Geologic Map of the Palos Verdes Peninsula and Vicinity by Thomas W. Dibblee, Jr, 1999. Stark, T. D., Choi, H., and McCone, S. "Drained shear strength parameters for analysis of landslides", Journal of Geotechnical and Geoenvironmental Engineering, 2005. Abramson, L. W., Lee, T. S., Sharma, S., and Boyce, G. M. Slope Stability and Stabilization Methods. John Wiley & Sons, Inc. 1995. Watry, Stephen M. and Lade, Poul v. Lade, "Residual Shear Strengths of Bentonites on Palos Verdes Peninsula, California," Slope Stability 2000, ASCE Geotechnical Publication Number 101, pp 323 — 342. Geologic Map of the Northeast Part of the Palos Verdes Hills, Los Angeles County, California, Map Sheet 27, by George Cleveland, 1976. Historic aerial photographs available in archive of Continental Aerial Photo, Inc., Cypress, CA. L -599B Final Report.doc i t< V ray r) 1 Poppy Trail 09/19/05 .1 f� i :. .�... ... �._� _.. _. C;1 i io..+ .:. i i .._...... f..� .!. I ,i. .__`c:]i0::! LIFO ens <1> 09/20/05 i � � v i2 \% � a4 1 Poppy Trail 09/19/05 .1: -12:217, ... _... is g i 4;:a2:y;,i T .�........ 1 .. [dal r ee r •. i : Fig/ As 05 t% . , • r� y. • r8,7w \ �,r� !• ` ... �� . 4 ^^ > r ti. •'t ,f :- "",r re i w r s� ri1 °br 1 1 Poppy Trail 09/19/05 t Ja1 4 n . ! . 1719/".;.I'!/1-. 1 +a jTTt 3e• ^.CSI f r ry r-_ ';;�4z14cyJj': lru��4F�RA v -'':t Aiif 4. kt�T•' .1.'•".U: ia, Sc: 1 Poppy Trail 09/19/05 f Lai ,_,ree}-E , <1> 09/20/A5 $ e- . ft • ' . > W : J 1 Poppy Trail 09/19/05 td,=.11 : r'•eEns <1> i i9/ :0/ 215 ��] 1 Poppy Trail 09/19/05 fda ns t > 1.:1' 1:" ASS:;`:; • 1 Poppy Trail 09/19/05 ?--1.102 . ai '': ter`T 'l 474 rcni:-- • • Ci1y o/leo ffiny �eP INCORPORATED JANUARY 24, 1957 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: cityofrh@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. Printed ori Recycled Paper 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 hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk 08-29-05sheen-1 tr. d oc 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 GROUP September 1, 2005 Project No. L-599 D1 DELTA [aLo�►LYe1kv:➢.rte 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 laridside 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. . „ o :' ; i , , a www.GroupDelta.com® , , • GROUT' DELTA L-599 D I 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 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 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. 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 Delta Consultants. Inc. 3 Poppy Trail Landslide 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 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. GROUP DELTA rowilI!IJaI f • • L-599 DI 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. Kolthoff, PG, CEG N:\Projects\500.599\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 • City ofie fPaS 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: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cilyolrhw'aol.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 completedmitigation 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, SA Craig R. Nealis City Manager CRN:mlk 07-11-O5shrrn-1 tr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering C,ROLl' March 22, 2005 Project No. L-599 DELTA kudzitlkxjariCity Rolling of 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 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. 4 4 A L-599 Group Delta Consultants. Inc. Ng -Ty Trail Landslide City or Rollins flills 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. GROUP 1)1_I_T:\ tk.):1-.44 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 prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. L-599 Group Delta Con>ultants. Inc, 3 Poppy Trail I_:uul lulc City of Rollin_ 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. GROUP I F LF: \ L-599 Croup Delta Consultant.. Inc. 4 Closure Poppy Trail Lanb>lidc City of Roil i , I lilts 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 onnaissance, p ssional judgment, and a cursory review of published geologic reports reportsand 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 3 ] 0-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG L-599 RN Poppy Trail Landslide - Letter Report r.I GROUT' DELT:\ tau:6��k7.i.t? L-5')') Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills -� ' p..4 " •tea• e � I� s!l • `\'wr- • •'' - d ;/ .-. • r. . - " _ • • - ,.J. • %•. . a- 1!2l . t r -15i -.S58 • i• • 'JO • • • ,t7 . :ti is?" • r ,: l axig • •. i11 • • 4' (. I 3 . X0`1.- Il. .' �•,I Fruited fromTCnF'Oi n]o?7 Vrildflou Production:::• ( . ,J , — . .. r 4 r ruv : tc ipp corn) Project Number: Project Name: Date: L-599 Poppy Trail Landslide 03,24/2005 VICINITY MAP Group Delta Consultants, Inc. Figure 1 GROUT' r fe.,; pJ4ex.':r!4 AERIAL PHOTO OF POPPY TRAIL LANI)LSII)L AREA (Photo March 2004) 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, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 §1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 §1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 §1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 §1(part), 1981). 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 Signature SEP 2 3 2005 CITY OF ROLLING HILLS By PVPN #7908 P.V.P. News No. 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. Ci1y ofieeeng JZff • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember September 22, 2005 • SENT VIA FACSIMILE Mr. Craig M. Collins Attorney Collins Law Firm 707 Wilshire Blvd. #4880 Los Angeles, CA 90017 Dear Mr. Collins: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com In response to your letter dated September 16, 2005, the City has no objection to your having a court reporter in the Council Chambers. If witnesses are to be sworn, they will be sworn by the City Clerk. Sincerely, [AA Craig R. Nealis City Manager CRN:mlk 09-22-05colins-ltndoc ®Pririted on Recycled Paper. , TRANSMISSION VERIFICATION REPORT TIME : 09/2212005 14:23 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/22 14:23 12135720401 00:00:18 01 OK STANDARD ECM City oi9 leolliv „AIL GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK GQuncllmember THOMAS F. HEINSHEIMER Councllmamber FRANK E. HILL Cot noilmember September 22, 2005 SENT VIA FACSILILE Mr. Craig M. Collins Attorney Collins Law Firm 707 Wilshire Blvd. #4880 Los Angeles, CA 90017 Dear Mr. Collins: INCORPORATED JANUARY 24, 1957 NO, 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 94274 (314} 377-1521 FAX (31 p) 377-7288 E-mail: cityafitaaOI.com in response to your letter dated September 16, 2005, the City has no objection to your having a court reporter in the Council Chambers. If witnesses are to be sworn, they will be sworn by the City Clerk, Sincerely, _ 4,' TRANSMISSION VERIFICATION REPORT TIME : 09/23/2005 14:13 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J363281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 69123 14:13 12135720401 00:00:18 61 OK STANDARD ECM OOLIFREY PERNELL, Mayor B. ALLEN LAY Mayor Fro T8m DR. JAMES BLACK Courrcilmbmber THOMAS E. HEINSHEIMER Gounomemb&r FRANK E, HILL Councrlmembar September 22, 2005 Coy 0ie0i Jh/ IP1CORPORATED JANUARY 2k, 1957 SENT VIA FACSIMILE Mr, Craig M. Collins Attorney Collins Law Firm 707 Wilshire Blvd. #4880 Los .Angeles, CA 90017 Dear Mr. Collins: ND. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF, 90274 (310) 377-1521 FAX: pm) 377-7288 E-mail; tltyofrhdaol.com In response to your letter dated September 16, 2005, the City has no objection to your having a court reporter in the Council Chambers. If witnesses are to be sworn, they will be sworn by the City Clerk. Sincerely, LAW Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 SEP 1 9 2005 213.572-0400 phone 213.572-0401 fax September 16, 2005 Craig Nealis City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 C V OF ROLLING HILLS By Re: No. 1 Poppy Trail, Rolling Hills, California Dear Mr. Nealis: We received your September 15, 2005 letter regarding the September 26 nuisance abatement proceeding for the above -captioned property. You state that "the City will not be arranging for a court reporter to be present." You also say that the City will rely on oral testimony at the hearing. If the City will not arrange for a court reporter to be present, we request permission to bring a court reporter. We will ask that Mr. Reader, Mr. Bolton, and Mr. Atani, whom you say in your September 15 letter will appear as witnesses, to be sworn by the court reporter to give testimony under oath. If the City will refuse to allow its witnesses to be cross-examined under oath, please let us know ahead of the hearing so that we do not bear the expense unnecessarily of bringing a court reporter. Sincerely, :raig M. Collins UNSLAWFIffitid cc: Michael Jenkins • SLAW September 16, 2005 Craig Nealis City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 SEP 1 9 2005 CITY OF ROLLING HILLS By Re: No. 1 Poppy Trail, Rolling Hills, California Dear Mr. Nealis: Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 213.572-0400 phone 213.572-0401 fax We received your September 15, 2005 letter regarding the September 26 nuisance abatement proceeding for the above -captioned property. You state that "the City will not be arranging for a court reporter to be present." You also say that the City will rely on oral testimony at the hearing. If the City will not arrange for a court reporter to be present, we request permission to bring a court reporter. We will ask that Mr. Reader, Mr. Bolton, and Mr. Atani, whom you say in your September 15 letter will appear as witnesses, to be sworn by the court reporter to give testimony under oath. If the City will refuse to allow its witnesses to be cross-examined under oath, please let us know ahead of the hearing so that we do not bear the expense unnecessarily of bringing a court reporter. Sincerely, COLL N$LAWFi cc: Michael Jenkins TRANSMISSION VERIFICATION REPORT • TIME : 09/19/2005 16:28 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/19 16:27 CITY ATTORNEY 00:00:50 02 OK STANDARD ECM City0 Rd „AIL INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 31gI05 DATE: TO: FAX: SUBJECT: NO, 2 PORTUGUESE BEND ROAD ROLLING RILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E male oityotrh@aal.com TIME SENT: _ C7 FROM: , OPERATOR: REMARKS: 4,,,Licy _ T e144 o/leollins wee 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 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 The City Council will accept evidence from all interested parties, consider whether the land movement conditions on the property constitute a public nuisance and if so, consider whether to direct the property owner to take remedial actions to abate the conditions. 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 once in the Palos Verdes Peninsula News on Saturday, September 17, 2005 Printed on Recycled Paper. City 0/62PF..9JdP7, 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 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 The City Council will accept evidence from all interested parties, consider whether the land movement conditions on the property constitute a public nuisance and if so, consider whether to direct the property owner to take remedial actions to abate the conditions. 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. 54io ' CRAIG R. NEALIS, CITY CLERK Published once in the Palos Verdes Peninsula News on Saturday, September 17, 2005 @Printed on Recycled PaPet r TRANSMISSION VERIFICATION REPORT TIME : 09/13/2005 09:05 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/13 09:05 DEMARR 00:00:30 02 OK STANDARD ECM City .1 „AIL INCORPORATED JANUARY 24, 1457 FAX COVER SHEET DATE: '41t 31 0 TO: Shy �?.. FROM: f t .t* S NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 9a274 (3i 01377.1527 FAX, (310) 377.72$$ Email: Gityo(rhgaol.aom TIME SENT: 91 0 `'' FAX: OPERATOR: SUBJECT: i Q'L't C. „ t b tom- C... REMARKS: i • t._ TRANSMISSION VERIFICATION REPORT • TIME : 09/13/2005 09:08 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/13 09:06 READER 00:01:33 02 OK STANDARD ECM DATE: City 0/ leoffin9, Jill% INCORPORATED JANUARY 24, 1957 FAX COVER SHEET t31050 TO: CSI 1 &IZetaktleitie., NO. 2 PORTUGUESE 1:3ENI) ROAD ROLLING HILLS. CAl,Ir, 90274 (S10)377-1521 FAX: (310) 377-7285 E-mail: cifyofrh@acl.com TIME SENT:_ 9.1 , 0 5 d. .•,I�- FROM: C I 5. e44.'s FAX: OPERATOR: 44;1 00t' 7c._.. SUBJECT: REMARKS: -Lcce_ -PuJoi-cc_ TRANSMISSION VERIFICATION REPORT TIME : 09/13/2005 09:16 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/13 09:10 LOMITA BLDG SAF 00:00:30 02 OK STANDARD ECM Ci4 led& INCORPOPATgD JANUARY 24, 1957 FAX COVER SKEET DATE: k "o NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 {310) 377.7521 Fax: (310) 377.7288 Email; cityofrh@aoLcom TIME SENT: 0 '=" TO: 1 +� FROM: cle..474-4:5 , tio41%: s OPERATOR: FAX: SUBJECT: 1 h4 LC c._ REMARKS: TRANSMISSION VERIFICATION REPORT • TIME : 0911312005 89:89 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 89/13 09:08 LOMITA BLDG SAF 00:00:30 02 OK STANDARD ECM DATE: Airy o INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 4mYi k 31 05 TO: . .-. .. r .. FROM: � �• Ni e 4 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF, 90274 (314) 377-1521 FAX; (3101377-728B E•mall: eilyolrn Aol.com TIME SENT: : Oa !. FAX: OPERATOR: SUBJECT: REMARKS: • City ofie eenS wee • 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 September 15, 2005 Mr. Craig M. Collins Attorney Collins Law Firm 707 Wilshire Blvd. #4880 Los Angeles, CA 90017 Dear Mr. Collins: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com This responds to your letter of September 8, 2005, regarding the City's request that your client abate certain conditions on his property that constitute a public nuisance within the meaning of the Rolling Hills Municipal Code. The purpose of the nuisance abatement proceeding is to abate conditions on the property that are likely to exacerbate the landslide during the rainy season or create a safety hazard. A hearing will be conducted on September 26, 2005 unless the remedial steps set forth in our September 2, 2005 letter are accomplished, or good faith efforts are being made towards completing them. The hearing will be tape recorded, but the City will not be arranging for a court reporter to be present. The City intends to rely on the written reports and oral testimony of Mike Reader, P.E., G.E, Vice President and Principal Engineer, Group Delta Consultants (you have been provided with copies of all his reports); Ross N. Bolton, P.E., President, Bolton Engineering Corporation; and Roy Atani, District Engineer, Los Angeles County Department of Building and Safety. We will forward to you a copy of the staff report for the hearing not later than September 23, 2005. Let us know if you have any additional questions. Sincerely, 01/4 Craig R. Nealis City Manager CRN:mlk 09-14-05co ll i n s -1 t r. d oc Prnsed or Recvclyd Paper • City 0/ /?O/IILJ 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 September 15, 2005 Mr. Craig M. Collins Attorney Collins Law Firm 707 Wilshire Blvd. #4880 Los Angeles, CA 90017 Dear Mr. Collins: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com This responds to your letter of September 8, 2005, regarding the City's request that your client abate certain conditions on his property that constitute a public nuisance within the meaning of the Rolling Hills Municipal Code. The purpose of the nuisance abatement proceeding is to abate conditions on the property that are likely to exacerbate the landslide during the rainy season or create a safety hazard. A hearing will be conducted on September 26, 2005 unless the remedial steps set forth in our September 2, 2005 letter are accomplished, or good faith efforts are being made towards completing them. The hearing will be tape recorded, but the City will not be arranging for a court reporter to be present. The -City intends to rely on the written reports and oral testimony of Mike Reader, P.E., G.E, Vice President and Principal Engineer, Group Delta Consultants (you have been provided with copies of all his reports); Ross N. Bolton, P.E., President, Bolton Engineering Corporation; and Roy Atani, District Engineer, Los Angeles County Department of Building and Safety. We will forward to you a copy of the staff report for the hearing not later than September 23, 2005. Let us know if you have any additional questions. Sincerely, P/16, Craig R. Nealis City Manager CRN:mlk 09-14-05coll i ns-1 tr. d oc Pnnied on ROCYcled RiOer • TRANSMISSION VERIFICATION REPORT TIME : 0911512005 14:58 NAME : ROLLING HILLS CITY FAX : 3103777266 TEL : 3103771521 SER.# : BROG5J303261 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09115 14:58 LOMITA BLDG SAF 00:00:32 02 OK STANDARD ECM eity 0/ R. ` Jh/I 1NCoRPor ATED JANUARY 211, 1957 NO. 2 PORTUGUESE BEND ROAD POLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377.7285 E-mail: cilyotrh@aol.com FAX COVER SHEET DATE: q 11 it) S TIME SENT: wS S , , .,., TO: FROM: P-k4L-cipAj L FAX: SUBJECT: REMARKS: OPERA OR: ,.tee. r44 -43 --Le ,ew TRANSMISSION VERIFICATION REPORT • TIME : 09/15/2005 14:57 NAME : ROLLING HILLS CITY FAX 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/15 14:55 READER 00:01:35 02 OK STANDARD ECM City 0/ „MIL INCORPORATED JANUARY 21,, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (31 D) 377.72$$ [I. -MPH; cilyofrhaOao! com FAX COVER SHEET DATE: I r /15 S TIME SENT: 1, S parr,. TO: -, FROM: FAX: SUBJECT: A-tti ' j\-12, OPERATOR: _. � REMARKS: • TRANSMISSION VERIFICATION REPORT TIME : 09/15/2005 14:54 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/15 14:52 BOLTON 00:02:16 02 OK STANDARD ECM DATE: To: V City, 0/ ie0i, Jh//A INCORPORATED JANUARY 2+J, I957 FAX COVER SHEET TIME SENT: �y S FROM: rv� FAX: OPERATOR: ,,.•,., ,., . NO, 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377•t S21 FAX! (3to) $77.7289 E-mail; cityafrh@aol.00m SUBJECT: REMARKS: • le, Sep 13, 2005 9:50 AM Subject: Re: Notice of Public Hearing Date: Tuesday, September 13, 2005 7:34 AM From: Carol Gerardi <pvclassified@pvnews.com> To: Marilyn Kern <mkern@cityofrh.net> Received public notice for Saturday, Sept. 17th. Thank you, Carol > From: Marilyn Kern <mkern@cityofrh.net> > Date: Tue, 13 Sep 2005 09:16:20 -0700 > To: Carol Gerardi <pvclassified@pvnews.com> > Subject: Notice of Public Hearing > Carol, > Please publish the attached notice in the PV News on Saturday, 9/17. Please > confirm receipt. Thank you. > Marilyn Kern > Deputy City Clerk > City of Rolling Hills Page 1 of 1 r01- kV pxook 0) LOW- a` «i,05- x, SEP-14-2005 04:40 PM ECS 310 937 1470 P.02 • • Erosion Control Specialists Ca License #851583 Sepi:• tuber 12, 2005 Attr. Craig Nealis City, tof Rolling Hills #2 Fi )rtuguese Bend Rd. Roll: ng Hills, Ca 90274 Dea , Craig, We ropose to furnish labor and materials for the Poppy Trail project excluding all work pro1:�sed on the upper property of Poppy Trail #1 in rolling hills, Ca. The services will be completed in accordance with industry standards and will comply witlh,tall laws. Prevailing wages are in affect on this project and will be used according to the :'. hest state of California wage determinations, 1. c, ite mobilization 2. l i1ebris Removal. This to include the removal and disposal of all existing '$ getation that is deemed necessary for the purpose of installing plastic c the slope. All debris shall be disposed of at a local land -fill. 3.1 linor earthwork. This is proposed to help the slope drain adequately. 4. Ilttstallation of UV resistant plastic sheeting to cover the entire slide area. F Mastic sheeting will be placed vertically on slope and be reinforced by g`Bavel-bags, and poly tape. Plastic sheeting will be excluded on the Fil operty of poppy trail #1. 5. It tstallation of approx. 4 catch -basins to help divert storm -water from slide n,,ass, and around slide mass. Catch -basins will consist of 4-6" pvc pipe ad be reinforced by gravel -bags. The pvc pipe will divert run-off to a s4itable area away from landslide. Our,I rice for performing the work is $33,512. As soon as we have your approval we can con, hence work. Thi.Ivork is an attempt to prevent further slope movement but, Erosion Control Speiralists will not be held liable for any further movement of the slope and any corrlIsponding damage or injury relating to such. It is l .ghly recommended that the plastic sheeting and corresponding a po g drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this Erosion Control Specialists 16761 Viewpoint Ln. Ste # 074 Huntington Beach, Ca (900) 376-1015 (90) 753-9637 ECSPECIALISTS.COM SEP-14-2005 04:40 PM ECS 310 937 1470 P.03 • • Erosion Control Specialists Ca License #851583 prop Ssal but can be provided throughout the rainy season upon request and based on avaiability. Siturrely, Jasc ► Locklin Era: on Control Specialists 909. �J53.9637 800. X76-1015 Jaso t@Q ecspeclalists.com Erosion Control Specialists 16761 Viewpoint 1.n. Ste # 074 Huntington Bench, Ca (800) 376-1015 (909) 753-9637 ECSPEClAL1STS.COM DATE: 1/15/05 TO:' CC: FAX: OPERATOR: , City of Rolling Hills INCORPORATED JANUARY 24,1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET Mike Reader, Group Delta Ross Bolton, Bolton Engineering TIME SENT: 3:00 p.m. Craig Nealis City Manager SUBJECT: REMARKS: FROM: Hello Mike and Ross, Attached please find a proposal that was submitted by Jason Locklin of Erosion Control Specialists. The proposal involves the winterization measures for the City owned property and #4 Poppy Trail. It does not include any proposed work for winterization on #1 Poppy Trail. Mike Reader is preparing a plan that will be submitted to Jason Locklin further describing the amending of the slope to 1:1. After Mr. Locklin receives that plan, he will provide an appropriate cost proposal to the City. Your comments regarding the attached proposal will be appreciated. I look forward to hearing from you. Thank you for your cooperation and support. Thanks, Craig TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 • • G' LAWIRG /id September 8, 2005 SEP 0 9 2005 CITY Of ROLUNG HILLS By Craig Nealis City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Aon Center 707 Wilshire Blvd. Suite 4880 Los Angeles, CA 90017 213.572-0400 phone 213.572-0401 fax Re: No. 1 Poppy Trail, Rolling Hills, California Dear Mr. Nealis: We received your September 2, 2005 letter regarding the alleged nuisance on the No. 1 Poppy Trail property. It seems obvious that the City requests certain repairs to the No. 1 Poppy Trail property to be made in conjunction with the Rolling Hills Community Association's project to install a temporary access road below the property. If the City seeks to acquire a portion of the No. 1 Poppy Trail property as part of a road -building project, the eminent domain code provides the means. The City may obtain access to the No. 1 Poppy Trail property promptly after filing an eminent domain action. (See Code of Civil Procedure §§ 1255.410, et seq.). The City may not dodge the constitutional and statutory requirements of the eminent domain code by proceeding under the nuisance abatement route. • • Q r6 rew Craig Nealis September 8, 2005 Page 2 of 2 • • If the City intends to proceed with a nuisance abatement hearing on September 26, 2005, as you state in your letter, we need to know in advance the identity of any witnesses the City intends to call at that hearing. We also need copies of any reports or other documents that those witnesses intend to rely upon. We also presume that the City will have a court reporter present to take sworn testimony. If not, let us know immediately. Sincerely, 'raig M.Collins COLLEMSLAWFURER cc: Michael Jenkins 1. TRANSMISSION VERIFICATION REPORT TIME : 09/09/2005 16:30 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/09 16:29 CITY ATTORNEY 00:01:03 03 OK STANDARD ECM DATE: TO: Q edy0/ I/4 Jh INC RPC RATED JANUARY :74, 1957 FAX COVER SHEET 05 • so NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 9p274 (310) 377-1521 FAX: (310) 377.7288 E-mail; cilyafrh@aol.com TIME SENT: 4.20 ,. _... FROM:cR t1e L'' FAX: OPERATOR: 14b rt SUBJECT: REMARKS: . ke_, C v I September 1, 2005 Project No. L-599 D1 DELTA: toms 'imam City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 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. cei,Jtilll 105 o 1 o''t'twt.'. (.A 905W-1-159 i 1,1 t ;(r I ,2ig_.5liii1 o }'t ' ( 1i1i 0(c1i i1: 111x, \ ; � �, • o r) 1f% . tr r?- i � r, • www.GrouDDelta.com♦ l s� GROUP r DELTA 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. 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 D1 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 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. GROUP r DELTA • k ti L-599 DI 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. Kolthoff, PG, CEG N:\Projects\500-599\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 0,p/01/05 MON 14:06 FAX 310 377 7288 CITY OF ROLLING HILLS U001 • **4.4.$**************** :t::i::t: . TX REPORT **s ... ..i . ..i ...... . ..}. I............ . ::1: TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION. ID ST. TIME USAGE T PGS. RESULT 2878 12135720401 08/01 14:01 04'43 8 OK City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (310) 377-1521 FAX TRANSMISSION TO: CRAIG COLLINS, ATTORNEY AT LAW FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: WINTERIZATION/MITIGATION MEASURES 1 POPPY TRAIL ROAD DATE: AUGUST 1, 2005 Per your request at today's meeting, please find enclosed a copy of the letter indicating the need to immediately winterize the property at 1 Poppy Trail, but no later than September 15, 2005. NG HI( City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (310) 377-1521 FAX TRANSMISSION TO: CRAIG COLLINS, ATTORNEY AT LAW FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: WINTERIZATION/MITIGATION MEASURES 1 POPPY TRAIL ROAD DATE: AUGUST 1, 2005 Per your request at today's meeting, please find enclosed a copy of the letter indicating the need to immediately winterize the property at 1 Poppy Trail, but no later than September 15, 2005. • city PA", _AM 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: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.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, Craig R. Nealis City Manager CRN:mlk 07-11-05s/wen-It r.dnc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering r •� GROUP March 22, 2005 Project No. L-599 DELTA Ci of Rollin Hills tt• Y+ty,rmai tY 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. e www.GrOin)l)elta.com f. GROUP 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 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. IDLI_T:\ 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 I ELT:\ L-599 Group Delta Consultants. Inc. Closure 4 Poppy Trail Landslide City of Rolling Hills 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 L-599 RH Poppy Trail Landslide - Letter Report #1 GROUP Steven H. Kolthoff, PG, CEG 1)1=1_T:\ i GROUP L-599 Group Delta Consultants. Inc. 5 Poppy Trail Landslide City of Rolling Hills • /-= . - 4_ �•t • -' �.\ •mil 1 _ - ' : `�`J� ltd Y�O y7!r • 47. ZI • !- piplei/:_ . WI' ...•, Vic__ ' Of: ; i' ::, ; \ r�. ,i r 3� Project Site �: •••Z ; i? - %' __� !f f..: .'' l i:ng �Iil'T '' : ~ = •'`. -:—t..-7,; — • l pia+ ;,. r ;.S i- .4. - • - — • = Sta; �'v0: ,:/_ ._ �•-♦ ,ap �i _ '. . i i3NT_5 • 62, r Cs_ r .. . 1 c • • � d5 - ,_ • -' • • � • /339! . r• i . • ✓. + • • ,.—_.'', �7 ,-11-11-1s( -�--.. -••`. ' ` �•. • Printed from TOPO! ©1997 Wildflower Production: f wwu•.tupo.com)' ' VICINITY MAP Group Delta Consultants, Inc. Project Number: L-599 Project Name: Poppy Trail Landslide Figure Date: 0324,2005 DELTA NO:girl f:1:�Ii • 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 0/ PO/ling NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.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, S� Craig R. Nealis City Manager CRN:mlk 07-11-05shecn-1 tr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering c GROUP March 22, 2005 Project No. L-599 DELTA Ci of Rollin Hills t��].I-Y�i�i11J.y�9 ty 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. 4 E 4u41w.(i'c; )rlt:i.<<•:(i4 4 CROUP 9 1?1:1_T:\ rRHaa! 4 V.{a F9 L-599 Group Delta Consult nts. Inc. Poppy Trail Land lidc City of Rollin,' 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 portion of the landslide. Irrigation lines, a guesthouse footing and wall debris were foundation head scarp. slope drains were noted in the central collector pipe for roof runoff next to the noticed in the area of the guesthouse 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, CDC 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. L-599 Group Delta Consultants. Inc. 3 I'oppv Trail Landslide City of RoHine. 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. GROUT' L-599 Group Delta Consultants. Inc. 4 Closure Poppy Trail Landslide City of Rollin, Ilills 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 F l DI_LT:\ tawple k 1.1; (F? Steven H. Kolthoff, PG, CEG • • CROLI' L-59<) Croup Delta Consultants. Inc. 5 Poppy Trail LanNJidc City of Rolling Hills Poi e nv- 4} / �J �G f/ • • r . am. • • • • rl 2r y t r • r ts, . • •. t '' �.�.� • ♦ •, � �. : ..._ _ • • •_ i ice . — '/ / I . -. \,. ; • - • .; .: ^; .. .r — --- Sta . 'o ;•/_ � • r —_-- _ —_ •or �;� , M \ -7350 >. iti ♦ .. :.- , V .. j • ""•••••.' 13♦53 ';Roll ;ng- Printed fnDinTOP01 rzi1997 Wildflower Productions t w+,tiv.• topo rurnl • • 'i • VICINITY MAP Project Number: L-599 Project Name: Poppy Trail Landslide Date: 03/24;2005 Group Delta Consultants, Inc. Figure i Ns:Ns:11Mi.N:r vi AERIAL PHOTO OF POPPY TRAIL LANDLSIDE AREA (Photo March 2004) 7 wCity 0/leo/tiny ilia • 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 July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail 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: cityofrh@aol.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, S/ Craig R. Nealis City Manager CRN:mlk 07-11-05sheen-1 tr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering Prin.le l on Fr_-cYc1od Paprn 1.f GROUP 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. (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. - 4 H • 4 Nk w‘v.(ir oup! )rlta_c o:n GROUT' L-599 Poppy Trail Landslide 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 portion of the landslide. Irrigation lines, a guesthouse footing and wall debris were foundation head scarp. • slope drains were noted in the central collector pipe for roof runoff next to the noticed in the area of the guesthouse 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 usedto 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 slippingand/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, (V 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. 1)FLT;\ s • 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 DELT:\ cks] i,%(..1:11.9 L-599 Group Delta Consultants. Inc. 4 Closure Poppy Trail Landslide City of Rollin<g Hills 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 L-599 RH Poppy Trail Landslide - Letter Report #1 GROUP Steven H. Kolthoff, PG, CEG DELT:\ [aa7:6Y94 b1Y b L-599 Group Delta Consultants. Inc. GROUP Poppy Trail Landslide City of Rolling Hills DELTA rit WWI If