Poppy Trail ConfidentialCity .fieoffin9.
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
MEMORANDUM
TO: FILE
FROM: CRAIG NEALIS, CITY MANAGER
SUBJECT: COMMENTS FROM JPIA
DATE: MAY 4, 2005
On Wednesday, May 4, 2005, Mr. John Bolin, representing the JPIA contacted me
regarding our questions regarding liability coverage involving Poppy Trail. The
following scenarios were discussed.
First Scenario: Would the JPIA provide coverage to the City in the event the City were
to be sued for a loss of property values based upon the design or construction of the
"temporary" Poppy Trail Road paved access?
Mr. Bolin indicated that JPIA would provide this type of coverage of the City
causing the design of the roadway through the geologist and the consulting
engineer. -
Second Scenario: Would the City be provided coverage from the JPIA in the event the
City were sued by property owners over the temporary roadway access in the event the
City were to construct the roadway?
Mr. Bolin indicated that the JPIA would provide coverage under this scenario.
Third Scenario: Would the JPIA provide coverage to the City if the residents were to
sue for a loss of property values based upon the landslide situation and/or
construction/design of the roadway?
Mr. Bolin indicated that the JPIA would provide coverage under this scenario.
Mr. Bolin offered to have the City contact Mr. Ed Richards, Contracting Attorney to the
JPIA who has had experience in landslide litigation against municipalities. He left it to
the City's discretion whether to contact Mr. Richards.
CRN:mlk
05-04-05JPIAFi1e-mem.doc
cc: City Attorney
Printed on Recycled Paper.
1 Poppytrail
mailbox:///Craig's%20HD/locuments/Mozilla/Profiles/Craig%20Nea1...
Subject: 1 Poppytrail
From: "Michael Jenkins" <MJenkins@localgovlaw.com>
Date: Thu, 19 May 2005 16:10:51 -0700
To: "Craig Nealis" <cnealis@cityofrh.net>
Collins sent me a letter terminating the access agreement for 1 Poppytrail. So, we no longer have access.
will fax you a copy.
1 of 1 5/20/05 8:03 AM
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 I-iassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et.
al., Los Angeles County Superior Court, Case No. BC275012.
No closed session was held on this matter.
The City Attorney announced that an item relative to acquisition of land, a portion of the
Saradakis property at 4 Poppy Trail, had come to his attention after the agenda had been
posted. Councilmember Heinsheimer moved that the City Council include this closed session
relative to this matter on the agenda. Mayor Pro Tem Lay seconded the motion, which carried
unanimously.
At 9:24, the meeting reconvened and the City Attorney reported that no action was taken in
closed session.
Minutes
City Council Meeting
04/25/05
-5-
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
DATE: 3/10/05 TIME SENT:
TO:
CC:
Mike Jenkins
City Attorney
FROM:
5: o ,.
Craig Nealis
City Manager
FAX: OPERATOR: „�,, ,yj
SUBJECT:
REMARKS:
LE 1-1ERS OF CONSENT TO COMPLETE WORK ON PROPER 11LS
Mike, the proposed consulting geologist has recommended that minor filling of fissures and
plastic be introduced to the upper portion of the slide area to prevent the introduction
additional water. They have indicated that companies will not complete this work on private
property unless permitted to do so by the property owner.
RHCA Manager Peggy Minor has been contacting the property owners to obtain this
permission. However, she does not have a letter appropriate for them to sign. Therefore, I
have attached a draft for your review and consideration of approval which we could forward
to the property owners for their signature.
Your response to this will be appreciated.
TOTAL PAGES (including cover sheet):
5
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
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90724
To Whom It May Concern:
I, property owner of 1 Poppy Trail do hereby grant the Community Association
permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and
place plastic over applicable portions of the landslide area to assist in preventing of
introduction of water on my damaged property.
Mr. Ying Ching Sheen
1 Poppy Trail
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90724
To Whom It May Concern:
I, property owner of 4 Poppy Trail do hereby grant the Community Association
permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and
place plastic over_ applicable portions of -the landslide area to assist in preventing of
introduction of water on my damaged property.
Mr. Manelaous Saridakis
4 Poppy Trail
•City 0/ leoft.9. _WA
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
MEMORANDUM
TO: FILE
FROM: CRAIG NEALIS, CITY MANAGER
SUBJECT: COMMENTS FROM JPIA
DATE: MAY 4, 2005
On Wednesday, May 4, 2005, Mr. John Bolin, representing the JPIA contacted me
regarding our questions regarding liability coverage involving Poppy Trail. The
following scenarios were discussed.
First Scenario: Would the JPIA provide coverage to the City in the event the City were
to be sued for a loss of property values based upon the design or construction of the
"temporary" Poppy Trail Road paved access?
Mr. Bolin indicated that JPIA would provide this type of coverage of the City
causing the design of the roadway through the geologist and the consulting
engineer.
Second Scenario: Would the City be provided coverage from the JPIA in the event the
City were sued by property owners over the temporary roadway access in the event the
City were to construct the roadway?
Mr. Bolin indicated that the JPIA would provide coverage under this scenario.
Third Scenario: Would the JPIA provide coverage to the City if the residents were to
sue for a loss of property values based upon the landslide situation and/or
construction/design of the roadway?
Mr. Bolin indicated that the JPIA would provide coverage under this scenario.
Mr. Bolin offered to have the City contact Mr. Ed Richards, Contracting Attorney to the
JPIA who has had experience in landslide litigation against municipalities. He left it to
the City's discretion whether to contact Mr. Richards.
CRN:mlk
05-04-05JPIAFile-mem.doc
cc: City Attorney
Pn! IFed ctr R,.x;'rr:Ic 1 ;•'a pis
1 Poppytrail
•
mailbox:///Craig's%20H cuments/Mozi11a/Profiles/Craig%20Nea1...
Subject: 1 Poppytrail
From: "Michael Jenkins" <MJenkins@localgovlaw.com>
Date: Sun, 1 May 2005 13:32:38 -0700
To: "Craig Nealis" <cnealis@cityofrh.net>
Spoke at length with Roger Yuen, attorney. for Sheen, on Friday afternoon. Basically, I filled him in on what's
happening and answered his questions. He will ask his client what his intentions are and will get back to
me. He understands that we will go forward with Sheen or without him, and understands that if we go ahead
now without him, a global fix later on will undoubtedly require realignment of the road. I mentioned that we
would like a waiver from his client. We'll see.
of 1 5/2/05 10:42 AM
2 things • mailbox:///Craig's%2OHD/Do cuments/Mozilla/Profiles/Craig%20Nea1...
Subject: 2 things
From: "Michael Jenkins" <MJenkins@localgovlaw.com>
Date: Tue, 8 Mar 2005 15:10:18 -0800
To: <cnealis@cityofrh.net>
ost
1. The staff report item is fine. I suppose they'll want to talk about it, so it makes sense to include a
placeholder, even if it doesn't have a lot of details.
2. Memo to residents is fine.
1 of 1 3/9/05 11:29 AM
•
4imailbox:///Craig's%2OHD icuments/Mozilla/Profiles/Craig%20Nea1...
Subject: FW: Poppy Trail
From: "Michael Jenkins" <MJenkins@localgovlaw.com>
Date: Tue, 3 May 2005 13:56:39 -0700
To: "Craig Nealis" <cnealis@cityofrh.net>
Sheen has hired a new lawyer to replace Roger Yuen. The guy's info is below. He called to introduce
himself. I ended up repeating my conversation from Friday with Yuen. He would like courtesy copies of the
memos you send to the Poppytrail neighbors. I told him that would be no problem. Was I right? Can you fax
them to him?
From: Craig M. Collins [mailto:collins@blumcollins.com]
Sent: Tuesday, May 03, 2005 1:22 PM
To: Michael Jenkins
Subject: Poppy Trail
Mr. Jenkins,
Per our telephone conversation today, please route me on all faxes regarding the Poppy Trail landslide.
Regards,
Craig
Craig M. Collins
Blum Collins LLP
Suite 4880
707 Wilshire Blvd.
Los Angeles, CA 90017
Voice (213) 572-0405
Fax (213) 572-0401
1 of 1 5/3/05 3:57 PM
•
mailbox:///Craig's%2OHD ocuments/Mozilla/Profiles/Craig%20Nea1...
Subject: RE: Poppy Trail
From: "Michael Jenkins" <MJenkins@localgovlaw.com>
Date: Tue, 12 Apr 2005 14:21:02 -0700
To: "Craig Nealis" <cnealis@cityofrh.net>
The Public Contract Code allows it, and I think we can make the finding
that the lack of access to the homes constitutes an emergency.
Original Message
From: Craig Nealis [mailto:cnealis@cityofrh.net]
Sent: Tuesday, April 12, 2005 2:00 PM
To: Michael Jenkins
Subject: Poppy Trail
Mike,
A question on Poppy Trail. Assuming the property owners and the RHCA do
not contribute financially and we get the "waiver" letters from #1 and
#4 Poppy Trail, can we utilize some form of an emergency and award the
job without bidding (of course complying with insurance and prevailing
wages)?
Thanks,
Craig
1 of 1 4/13/05 8:12 AM
r
about:blank
Mike, 166 t \
Thanks. Let me know how it goes.
Craig
Michael Jenkins wrote:
We know what he wants to do but I can ask him about the waiver.
From: Craig Nealis [mailto:cnealis@cityofrh.net]
Sent: Monday, May 02, 2005 10:43 AM
To: Michael Jenkins
Subject: Re: 1 Poppytrail
Mike,
Thanks for the update. Does it make sense to have the same conversation with the attorney representing
#4?
Thanks,
Craig
Michael Jenkins wrote:
Spoke at length with Roger Yuen, attorney for Sheen, on Friday afternoon. Basically, I filled him in on
what's happening and answered his questions. He will ask his client what his intentions are and will get
back to me. He understands that we will go forward with Sheen or without him, and understands that if
we go ahead now without him, a global fix later on will undoubtedly require realignment of the road.
mentioned that we would like a waiver from his client. We'll see.
of 1 5/3/05 8:15 AM
May 11 06 06:32p
Rolling Hills
.3105446766 p..1.
OK. C ro
frvm
P.V.P.lews'No. t5131
Trustee Sale No. 400902CA Loan No. 7017184321
Title Order No. 6270465 Notice of Trustee's Sale YOU
ARE IN DEFAULT UNDER A DEED OF TRUST DATED
7/27/1994. UNLESS YOU TAKE ACTION TO PROTECT
YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC AT
A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF
THE NATURE OF THE PROCEEDINGS AGAINST YOU,
YOU SHOULD CONTACT A LAWYER. On 5/31/2006 at
11:30 AM California Reconveyance Company, successor
by merger to Serrano Reconveyance Company as the ,
duly appointed Trustee under and pursuant to Deed of
Trust, recorded on 07/29/1994, Book , Page , Instrument
94 1417312 of official records in the Office of the
Recorder of Los Angeles County, California, executed
by: Hui-Tse Sheen, a single man and Chang Ying-Ching
Sheen, a married woman as her sole and separate prop-
erty, as Trustor, Home Savings of America, as 1
Beneficiary, will sell at public auction to the highest bid-
der for cash, cashier's check drawn by.a state or nation-
al bank, a cashier's check drawn by a state or federal
credit union, or a cashier's check drawn by a state or fed-
eral and loan association, savings association, or say- i
ings bank specified in section 5102 of the Financial Code
and authorized to do business in this state. Sale will be
held by the duly appointed trustee as shown below, of all
right, title, and interest conveyed to and now held. by the
trustee in the hereinafter described .property under and
pursuant the Deed of. .Trust.- The sale=will be made,but
without covenant .or. warranty,.. expressed; or implied,
regarding title, possession, or encumbrances, topay the
remaining principal sure of the note(s) `secured. by the
Deed of Trust, interest: thereon, estimated fees, charges
and expenses of the trustee for the amount (at the time
of the initial publication Of Abe Notice of Sale) reasonably
estimated to be set forth below. The,amourtt `may. be
greater on the day of :sale Place of Sale' At the front
entrance to the Pomona -tiperror Courts Bulldtng 350
West Mission Btvd , Pomona, CA Legal [De;0crlpttori` As
more fully described in said peed of Trust Aiiiount of
unpaid balance and other charges: $1.,476;003:43 (esti-
mated) Street address and other common designation of
the real .property: 1. Poppy Trail Road; Rolling Hills, CA
90274 APN 7569-007-001 & 1567-014-014,i;The under-
signed
Trustee dlsclaimsany liability for anrrincorrect-
ness of the street address and other common designa-
tion, if any, shown herein. The property heretofore'
described is being sold "as is". Date: 5/9/200.6 California
Reconveyance Company, successor :bymerger to
Serrano Reconveyance Company, as trustee (714259-
7850 or www.fnasap.com (714) 573-1965 or www.priori-
typosting.com Deborah-. Brignac, Vice. President
California Reconveyance Company is a debt collector
attempting to collect a debt. Any information obtained
will be used for that purpose. P246575 5/11, 5/18,
05/25/2006
Published in the Palos Verdes Peninsula News on May
11, 18, 25, 2006.
Subj: Soil Export
Date: Tuesday, December 6, 2005 2:54:22 PM
From: stevek@groupdelta.com
To: Cityofrh@aol.com
Craig,
Here is a digital copy of the letter I gave you today for your files. SK
Steven H. Kolthoff, CEG
Senior Geologist
Group Delta Consultants, Inc
2291 W. 205th Street, Suite 105,
Torrance, CA 90501
Office phone : 310-320-5100
CeII phone 310-629-9281
Fax :310-320-2118
E-mail : stevek@groupdelta.com
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From: "Steven Kolthoff" <stevek@groupdelta.com>
To: "Craig Nealis <Cityofrh@aol.com>
Subject: Soil Export
Date: Tue, 6 Dec 2005 14:53:29 -0800
Message -ID: <PKEPIECGLAHBIDCNDNMAKEMACFAA,stevek@groupdelta.com>
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Page 2
GROUP
DELTA
Geotechnical
Eneineering
i,eoiogy
rvurbGeology
Earthquake
Engineering
Materials Testing
Inspection
Forensic S`2Nices-
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn:
Subject:
Mr. Nealis:
Craig Nealis, City Manager
Exporting Soil From Poppy Trail #1
To Poppy Trail #4
March 6, 2005 Landslide
Rolling Hills, California
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 W. 205't Street, Suite 105 + Torrance, CA 90501-1459 • Tel (310) 320-5100 a Fax (310) 320-2118
Aliso Viejo+ (949) 609-1020 +wvw_GroupDelta.com+ San Diego+ (858) 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.
cS\pNAL4.
c HARM o
cc
a KOLTIIOFF
NO. 1965 1*
CERTIFIED
: °V OLOGISTINGQ1
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 Dl
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.
Ravi.
,ho -w.___-- C2v e/( e
.(Z A-Ise/lc
1tN 1 1 1` i-; wn z .
_
creifi
4-170 rn
Cverrn emar 4
ei4c A
4
DELTA
balstiminig
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 W. 205' Street, Stile 105 ♦ Tomuice. CA 90501-1459 ♦ Tel ( 310) 320.5100 ♦ Fax 010) 320-2118
Aliso Viejo♦ (949) 609-1020 ♦www.GroupDelta.com♦ San Diego+ (858) 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.
« 4oNAL GF
k&7 STEVE
HM
KOLTHOFF
NO.1965
CERTIFIED
ENGINEERING
GEOLOGIST,
Steven H. Koithoff, PG, CEG
Michael D. Reader, V.P., G.E.
N:\Projects\500-599\L-599 Rolling _ Hill Poppy Trail Landslide \L-599 D Alternative Alignment\L-599 Dl
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.
`ii8/11/2005 15:12 3166458441
JENKINS & HOGIN LLP ' PAGE 01
JENKINS & HOGIN, LIT
A LAW PARTNERSHIP
MANHATTAN TOWERS
1230 ROSECRANS AVENUE, SUITE 110
MANHATTAN BEACH, CALIFORNIA 90266
(310)643-8448 - FAX (310) 643-8441
www.LocALGovLAw.com
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: 310.377.7288
To: CRAIG NEALIS
From: Michael Jenkins
Client/Matter: Poppy Trail landslide/ City of Rolling Hills
Date: August 11, 2005
Letter
"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 solely for the use of the individual or entity to whom it Is addressed. If you are riot 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 (31D) 643-8448
EARolfng Hills\NEALIS FAX,wpd
`08/11/2005 15:12 310643E441
ti
JENKINS & HOGIN LLP
PAGE 02
JENKINS & }LOGIN, LLP
A LAw PARTNE.RSHIP
MICHAEL JENKINS
CHRISTI HOGIN
MARK D. I-IENSLEY
BRADLEY E. WOHLENBERG
KARL H_ BERGER
GREGG KOVACEVICH
JOHN C. Corn
LINDA A. BURROWS
ERIKA R. AKLUFI
Craig M. Collins, Esq.
Collins Law Firm
Aon Center
707 Wilshire Boulevard
Suite 4880
Los Angeles, CA 90017
MANHATTAN TOWERS
1230 ROSECRANS AVENUE, SUITE 110
MANHATTAN BEACH, CALIFORNIA 90266
(310)643-8448 • FAX (310) 643-8441
Ncnv: LocALGOV LAW.COM
WRITER'S EMAIL ADDRESS:
MO1K1Ns@LOCALGOvLLW.COM
August 11, 2005
CONFIDENTIAL &'PRIVILEGED
related to settlement discussions
Evidence Code § 1152
Re: Poppy Trail landslide/City of RollingHills
Dear Mr. Collins:
This responds to your letter of August 4, 2005 regarding the meeting of August 1, 2005
concerning the Poppy Trail landslide in Rolling Hills_
• First, a few clarifications: The temporary road discussed during the meeting is proposed
to be constructed by the RHCA, not the City. Further, it is the RHCA that is seeking a release •
from both the City and your client in connection with construction of the road.
Second, the RHCA informs me that it will gladly share with you additional details
regarding the proposed road for review by your consultants. Further, we will ask our consultants
to prepare a response to your concerns about the utilities in place under the buried road.
Third, as the plans we reviewed together showed, the proposed temporary road is well
outside the landslide area. The City and RI ICA's consulting geologist believes based on his
E;iRolling Hills'lvcolliiss.wpd •
C0/11/2005 15:12 310643E441
JENKINS & HOGIN LLP PAGE 03
Craig M. Collins, Esq.
August 11, 2005
Page 2
JENKINS & HOGIN, LLP
CONFIDENTIAL
& PRIVILEGED
related to settlement
discussions; Evidence
Code § 1152
review of the data that the construction will have no adverse impact on the landslide.
Fourth, the City is acutely aware of the desirability of a project that will abate the
landslide and restore the landslide area to stability. Our experts tell us that this will be an
expensive, complex and time consuming project. The respective financial responsibilities
of the involved parties must, but have yet to, be addressed. In the meantime, the City
Council believes that restoring normal access to the other residents of Poppy Trail has
greater priority, because it is financially within the means of the community, can be
accomplished relatively quickly and will alleviate not only the inconvenience but the
potential hazards associated with the extremely limited access currently available to seven
occupied residences. This is not to say that your client's interests are not important; but,
at present, your client's residence is capable of being occupied with a temporary water
connection, and is considerably closer to the nearest passable road than the others.
Fifth, our consultants doubt that caissons can be safely installed below the
guesthouse; in their view, the guesthouse is so unstable that any such project would
unduly endanger the lives of construction workers. If anything, your client should
seriously consider eliminating the safety hazard posed by the guesthouse and provide the
peace of mind you desire by removing it forthwith.
As I mentioned during the meeting, without admission of liability, the City will
certainly consider the feasibility of installing caissons to support the driveway if, in
exchange for constructing the caissons, your client provides the City a full liability release
pertaining to the landslide. We would look favorably on any reasonable proposal that
would encourage a cooperative approach to resolving this problem and avoid wasteful
litigation_
Sixth, we agree that it makes sense to begin preparation of a plan for repairing the
landslide. You are correct in recalling that I mentioned that your client should contribute
towards the cost of that plan. In view of the fact that a considerable portion of the
landslide is on your client's property, that seems entirely reasonable: The City welcomes
an offer from your client to pay for half the cost of preparation of the plan.
EnRoliing Hilts9a colliiss.u'pd
08/11/2005 15:12 3106438441
•
JENKINS & HOGIN LLP PAGE 04
Craig M. Collins, Esq.
August 11, 2005
Page 3
JENKINS 8z HOGIN, LLP
CONFIDENTIAL
& PRIVILEGED
related to settlement
discussions; Evidence
Code § 1152
Finally, both the RHCA and the City invited your client's participation, as we
have the other involved parties, and welcome his ideas. There are more than a few
opinions in the community about the best way to proceed. Ultimately, however, the
elected board of the RHCA and the City Council, respectively, will after careful
consideration of various viewpoints decide on a course of action that they believe is in the
best interests of all involved. Your client's cooperation, and that of his neighbors on
Poppy Trail, in implementing those decisions would contribute to an amicable resolution
of these difficult issues.
The RHCA will do its best to provide you with as much of the information that
you request as possible regarding the details of the temporary road project. For the
reasons described above, that information will not include a schedule or plans for an
overall repair of the landslide or construction of a permanent road. If that is an
impediment to attaining your client's cooperation, that would be unfortunate, but I would
appreciate your letting Sid and me know if that is the case at your earliest convenience.
cc: Sid Croft, Esq.
Craig Nealis
E:\Rnlling Hillst]R ool]ios.wpd
trul yours
enkins
City Attorney
.City of Rolling Hills
Subj: Sheen
Date: Tuesday, November 8, 2005 1:32:21 PM
From: Ed.Richards@kutakrock.com
To: cityofrh@aol.com
D
$ gts
A4a
<< ® beedi
Craig, I have this file from the CJPIA and have spoken with Mike
Jenkins. I will be in your area this Thursday. Would it be possible
for me to stop by city hall to review the city's file material regarding
this slide and the administrative record related to the nuisance
abatement proceedings including Resolution 996? I would be in the area
between 11 and 1. Let me know if that is convenient. Thanks - Ed
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