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none, Soils & geology investigation, CorrespondenceS � Cay o/ Rolling GODFREY PERNELL, D.D.S. Mayor JODY MURDOCK. Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember B. ALLEN LAY Councilmember May 9, 2000 Mr. Ross Bolton Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 Dear Mr. Bolton: 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 Thank you for taking time to attend the meeting of the Rolling Hills City Council held Monday, May 8, 2000. As you know, the City Council considered your request for a Letter of Understanding between the City and Ms. Arlene Parker regarding an exchange of property as described in the attached staff report. However, as you know, the City Council unanimously elected to deny this request and not move forward with this project. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. Sincerely, 407 Craig R. Nealis City Manager CRN:mlk 05/09/00bolton.ltr cc: Ms. Arlene Parker Ms. Peggy Minor, RHCA Manager City Attorney Mike Jenkins Printed on Recycled Paper V • • City 0/ Rolling _AIL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mait cityofrh@aol.com Agenda Item No.: 8-A Mtg. Date: 05/08/00 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF REQUEST FOR A LETTER OF UNDERSTANDING FROM ROSS M. BOLTON, BOLTON ENGINEERING CORPORATION, REPRESENTING MS. ARLENE PARKER, 86 SADDLEBACK ROAD, TO MAKE SITE PLAN REVIEW AND VARIANCE APPLICATIONS FOR GRADING AND RETAINING WALL CONSTRUCTION ON CITY -OWNED PROPERTY ADJACENT TO 86 SADDLEBACK ROAD. DATE: MAY 8, 2000 BACKGROUND On November 8, 1999, the City Council considered a request from Ross M. Bolton of Bolton Engineering, to perform soils and geology investigation work on a portion of city -owned property located adjacent to 86 Saddleback Road (Parker). The city -owned property is currently leased to the Community Association. The geology work was requested in order to determine whether Ms. Arlene Parker wished to pursue exchanging 5,230 sq. ft. of her property for an equal portion of the City property in order to reconstruct the driveway access to her recently remodeled residence at 86 Saddleback Road. At that time, the City Council approved the preparation of a license agreement to permit the geological investigation work. However, there was no implied agreement that transfer of ownership of the subject property, either via property exchange or sale, would be approved at any time. The geological excavation work has been completed. The investigative work seems to support that the reconfiguration of the driveway can physically be completed. However, the driveway reconfiguration proposal would, at a minimum, require importation of 1,500 cu. yds. of soil (Variance and Site Plan Review) and retaining walls in the front yard setback (Variance), in order to be permitted. CURRENT REQUEST FOR LETTER OF UNDERSTANDING The proposal from Bolton Engineering this evening requests that the City Council approve a Letter of Understanding between the City and Ms. Parker which would permit her representatives to submit Site Plan Review and Variance applications for the driveway project on City -owned property. The proposed Letter of Understanding -1- Printed on Recycled rapes. • • would also establish that the City would be willing to exchange or sell the subject property to Ms. Parker if the Site Plan Review and Variance discretionary applications are approved. Options available to the City Council include: • Direct staff to prepare a Letter of Understanding as described above, or with other conditions deemed appropriate. • Deny the request which would prohibit the Site Plan Review and Variance applications on the City -owned property. A copy of the plan depicting the project will be presented that this evening's meeting. RECOMMENDATION It is recommended that members of the City Council consider this subject and provide appropriate direction to staff. CRN:mlk lou86saddleback.sta BoItoEngineering Corponeon 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 tel (310) 544-6010 fax (310) 544-0458 April 18, 2000 . Craig Nealis, City Manager City of Rolling Hills #2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Driveway realignment at #86 Saddleback Road Dear Craig: lEgE.HE APR 1 Q 2000 CITY OF ROLLING H.tLLS On behalf of the owner, Arline Parker, we request a letter of understanding with the city to make application to the city for site plan review for grading and a variance application for walls (four feet high max) in the frontyard and importing 1,500 cubic yards of dirt on a portion of the City's Hesse Gap Property. We will concurrently make application for a lot line adjustment for this portion of the City's Hesse's Gap Property exchanging an equal area from #86 Saddleback for this property. This exchange and grading of property is necessary for a driveway realignment for #86 Saddleback Road. The steepness of the existing driveway is approximately.28 percent. This realignment will make a portion of the realigned driveway safer by being less steep. Enclosed is a plan showing the driveway realignment. As part of this project, the owner will concede to dedicating a bridle trail easement across the westerly portion of #86 Saddleback. Rolling Hills Community Association has requested this easement since there is an existing bridle trail which is not in an easement. If you have any questions or need additional information please call me. Sincerely, Ross N. Bolton, RCE 26120 President • City 0/ leollinF GODFREY PERNELL, D.D.S. Mayor JODY MURDOCK. Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember B. ALLEN LAY Councilmember May 3, 2000 VIA FACSIMILE AND REGULAR MAIL (310) 544-0458 Mr. Ross N. Bolton Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 SUBJECT: REQUEST FOR A LETTER OF UNDERSTANDING Dear Mr. Bolton: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail: cityorrh@aol.com As you know, you have submitted a request for a Letter of Understanding which would allow Ms. Parker, 86 Saddleback Road, to seek discretionary Planning Commission review approvals (Site Plan Review, Variances) for a driveway reconstruction project for 86 Saddleback Road on City owned property. This request will be presented to the City Council at the regular meeting on Monday, May 8, 2000, beginning at 7:30 p.m. in the City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Your attendance at that meeting will be appreciated. We will forward you a copy of the staff report when it is completed. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 05/03/00bol ton.l tr cc; Ms. Arlene Parker ®Panted on Recycled Pone; t 05/03/00 WED 03:30 FAX 310 377 7288 CITY OF ROLLING HILLS Cj001 ill********************* ese TX REPORT **s $$5555SSSS5a5****SSSS TRANSMISSION OK TX/RX NO 0602 CONNECTION TEL CONNECTION ID ST. TIME 05/03 03:30 USAGE T 00'32 PGS. 1 RESULT OK GODFREY PERNELL, D.D.S. Mayor JODY MURDOCK. Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmsmber FRANK E. HILL Cound lmember B. ALLEN LAY Councilmamber 5440458 3tv op? Pf.•,.9 May 3, 2000 VIA FACSIMILE AND REGULAR MAIL (310) 544-0458 Mr. Ross N. Bolton Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 SUBJECT: REQUEST FOR A LE1'1 ER OF UNDERSTANDING Dear Mr. Bolton: • INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAI] ROLLING HILLS, CALIF. 90274 (310) 377-1421 FAX (310) 377-7288 E-mail; elty0frh@eol.com As you know, you have submitted a request for a Letter of Understanding which would allow Ms. Parker, 86 Saddleback Road, to seek discretionary Planning Commission review approvals (Site Plan Review, Variances) for a driveway reconstruction project for 86 Saddleback Road on City owned property. This request will be presented to the City Council at the regular meeting on Monday, May 8, 2000, beginning at 7:30 p.m. in the City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Your attendance at that meeting will be appreciated. We will forward you a copy of the staff report when i t is completed. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. r January 28, 2000 Jay S. Derman 88 Saddleback Road Rolling Hills, CA 90274 Dear Jay: Arlene Parker 86 Saddelback road Rolling Hills, CA 90274 (310) 729-3815 Dave just passed your 1/16 letter on to me. • agEllN9 JAN 3 1 2000 CITY OF ROLLING 1441LS Hy My apologies for the recent soil work's having disturbed you. Our builder was operating under the impression that this supplemental investigative work would not be a problem as Dave had told our builder that you had given your permission last September. From the tone of your letter, that may not have been the case. The plan had been to restore the area to its pre -excavation state, and we would like to do that as soon as is reasonable. However, we do not have your phone number so cannot contact you to schedule when this can take place (as your letter states that we are not allowed on your property without your express permission — which we already thought we had — or your or your representative's being present for such work). Please call me with your phone number or tell us how best to reach you. Again, my apologies for any inconvenience or disruption. Yours truly, Arlene Park r cc: Craig Neelis, City of Rolling Hills Peggy Minor, Rolling Hills Community Association John Schoenfeld, The J. Alexander Company • City 0/ leoffinf THOMAS F. HEINSHEIMER Mayor GODFREY PERNELL, D.D.S. Mayor Pro Tem FRANK E. HILL Councilmember B. ALLEN LAY Councilmember JODY MURDOCK. Councilmember December 21,1999 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 Mr. and Mrs. David Parker 86 Saddleback Road Rolling Hills, CA 90274 SUBJECT: LICENSE AGREEMENT CONFERRING PERMISSION TO ENTER PROPERTY FOR THE PURPOSE OF CONDUCTING SOILS AND GEOLOGY INVESTIGATION. Dear Mr. and Mrs. Parker: Enclosed please find a fully executed copy of the above referenced agreement and a copy of the insurance certificate provided by J. Alexander Company. Please review the conditions in the license agreement and provide a copy to your contractor. If you have any questions, please do not hesitate to call. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 12/21/99parker.ltr cc: Mr. Ross Bolton, Bolton Engineering Planning Director Lola Ungar RHCA Manager Peggy Minor Printed on Recycled Panel. • • LICENSE AGREEMENT CONFERRING PERMISSION TO ENTER PROPERTY FOR THE PURPOSE OF CONDUCTING SOILS AND GEOLOGY INVESTIGATION 1. PARTIES This License Agreement (hereinafter referred to as "License") is made by and between the City of Rolling Hills (hereinafter referred to as "Licensor") and David and Arlene Parker (hereinafter collectively referred to as "Licensee"). Licensor is the record owner of that certain real property in the City of Rolling Hills described as set forth in Exhibit A attached hereto (hereinafter referred to as "the property"). 2. TEMPORARY LICENSE Licensor by this instrument grants to Licensee, and to Licensee's agents, contractors and consultants, the temporary right, privilege, and permission to enter the property for the sole and exclusive purpose of conducting,a soils and geology investigation. The permission granted by this License extends solely to excavation of a maximum of two trenches to bedrock (approximately four to six feet in depth) in the location shown on Exhibit A. The precise dimensions of the trench(es) shall be subject to approval by the City Manager prior to excavation. The trenches shall remain open no longer than 24 hours; if left unattended during any portion of that period, the trenches shall be covered and safely secured. No monetary consideration has been or will be provided to Licensor for grant of this temporary license. 991112 R6900-00001 mj L:\vo11\mj\RHENTRY 3. INSURANCE Licensee or its agent performing the work shall procure and maintain in full force and effect the following policies of insurance with reference to the work: A. General liability insurance coverage in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage, which policy shall name Licensor, and its officers and employees, and the Rolling Hills Community Association, and its officers and employees, as additional insureds, and which policy shall be primary as regards Licensor and the Community Association. B. Workers compensation insurance in compliance with the California Labor Code. 4. INDEMNIFICATION The investigation permitted pursuant to this License shall be undertaken at Licensee's sole and exclusive risk and expense. Licensee hereby releases and discharges Licensor and its officers, employees and agents from any and all claims for losses, injuries, damages or liabilities, including personal injury and injury to personal property, arising out of or attributable to or arising from the investigation conducted hereunder and further, expressly releases Licensor and its officers, employees and agents from and against any and all claims or liability from their negligence or the condition of the property. Licensee shall indemnify, defend and hold harmless Licensor, and its officers, employees and agents ("Licensor 991112 R6900-00001 mj L:\voll\mj\RHENTRY 2 indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments or damages, including reasonable attorneys fees and costs of litigation ("claims"), arising from Licensee's (and its agent's, consultant's and contractor's) acts, errors or omissions in the performance 'of the investigation contemplated and permitted by this License. In the event the Licensor indemnitees are made a party to any action, lawsuit or other adverserial proceeding arising from Licensee's (or its agents, consultant's or contractor's) conduct: a. Licensee shall provide a defense to the Licensor indemnitees or at Licensor's option reimburse the Licensor indemnitees their costs of defense, including reasonable attorneys fees, incurred in defense of such claims; and . b. Licensee shall promptly pay any final judgment or portion thereof rendered against the Licensor indemnitees with respect to claims determined by a trier of fact to have been the result of Licensee's conduct. 5. TERMINATION • The temporary license created by this License Agreement shall terminate automatically on December 31, 1999 or upon completion of Licensee's work, whichever occurs first. 6. RESTORATION OF PROPERTY At the conclusion of the investigation to be undertaken pursuant to this License, or at the termination of this Agreement as provided above, Licensee shall, at its own expense, restore the property to a condition substantially identical to that 991112 R6900-00001 mj L:\vo11\mj\RHENTRY - 3 - • existing before the investigation began, including but not limited to replacement of any disturbed landscaping. 7. INVESTIGATION RESULTS Within thirty (30) days following the conclusion of the investigation to be undertaken pursuant to this License, Licensee and/or its consultants shall provide to Licensor a written statement of the test results. 8. ENTIRE AGREEMENT This License constitutes the entire agreement of the parties with respect to this matter. Nothing contained herein shall be construed to constitute an agreement to sell or transfer the property, and nothing contained herein shall be.construed as granting to Licensee anyright, title or interest in the property. IN WITNESS OF THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS INSTRUMENT BY AFFIXING THEIR SIGNATURES BELOW: LICENSEE By-- By David Date Arlene Parker 1 12 "/ / �J 991112 R6900-00001 mj L:\voll\mj\RHENTRY - 4 - CITY OF ROLLING HILLS Craig Nealis City Manager Date 42 ai- ATTEST: 164 Cit -Clerk ORD PRODUCER (818)591-0550 Scanlon -Guerra -Jacobsen Insurance Brokers License# 0782266 P.O. Box 8909 Calabasas, CA 91302 Attn: Debbie Babuscio INSURED CO LTR FAX (818)591-1399 Ext: 232 .............:......................... 12 GATE MM1D DIYY ( ) `':; ??1Y!5iti ;;::`i$:;� •`.3 fig; 0 2 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY General Star Indemnity Company/Heritage A J. Alexander Company, 23727 Hawthorne Blvd. Torrance, CA 90505 The COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T)-IE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT f ‘OIHFR DOCI ME►MW TTH RESPEGi TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DEC 21 1999 fi TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTORS PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LABILITY ANY AUTO EXCESS LABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE OTHER INCL EXCL POUCY NUMBER IMA269391C DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLcS/SPECIAL ffEMS Certificate holder and Rolling Hills Community Additional Insureds per attached form respects *Ten dEttliFIGATEtt .........................:....................... The City of Rolling Hills Attn: Craig Nealis No. 2 Portuguese Bend Road Rolling Hills, CA 90274 POLICY EFFECTIVE DATE (MMIDDIYY) 08/01/1999 POLICY EXPIRATION DATE (MMIDDIYY) 08/01/2000 GENERAL AGGREGATE LIMITS $ 1,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 PERSONAL & ADV INJURY EACH OCCURRENCE s 1,000,000 $ 1,000,000 FIRE DAMAGE (Any one fire) MED EXP (Any one person) COMBINED SINGLE LIMIT s 50,000 S S BODILY INJURY (Per person) BODILY INJURY (Per accident) S S PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT ............................................ OTHER THAN AUTO ONLY: ............................................ EACH ACCIDENT S S S AGGREGATE EACH OCCURRENCE S S AGGREGATE S W` sTA U- TORY LIMITS EL EACH ACCIDENT Uir7- ER EL DISEASE - POLICY LIMIT S S S EL DISEASE - EA EMPLOYEE S Association, their officers and employees are named as location adjacent to 86 Saddleback Road, Rolling Hills. days notice of cancellation for non-payment of premium. SHOULD OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DA WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, LURE MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY E COMPANY, ITS AGENTS OR REPRESENTATIVES.