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none, Vacant lot (between 15 & 17 Ci, CorrespondenceIBRUSAVICH Gerald E. Agnew, Jr. Bruce M. Brusavich Tobin D. Ellis Stephen C. Rasak April 1, 2013 SERIOUS INJURY LAWYERS RECEINED APR 0 3 2013 City of Rolling Hills City of Rolling Hills 1 Portuguese Bend Road By Rolling Hills, CA 90274 Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90274 Re: Visco v. Wallace/Nos. 15 & 17 Cinchrina Road, Rollina Hills, California Dear Sir/Madam: Daniel V. Favero Administrator Anne K. Sansalone Paralegal As you may be aware, I represent Mr. and Mrs. Fred W. Wallace in connection with the above properties and litigation filed by Mr. and Mrs. Alfred V. Visco, Jr. As you may be further aware, the Los Angeles County Superior Court, Southwest District, ruled in favor of my clients and against Mr. and Mrs. Visco in connection with that litigation. The Viscos pursued an appeal before the Court of Appeal of the State of California, 2d Appellate District. I am enclosing a copy of the Court of Appeal decision affirming the ruling of the trial court. In particular, the Court of Appeal affirmed the Wallaces' easement rights, and noted on page 6 of the Opinion that: "We thus agree with the trial court that the Wallaces have the right to walk or drive on the easement, free of interference from appellants (Visco)." Request is made that a copy of the Opinion be maintained in the Association and City files related to these properties. Should any issues develop in the future with respect to the Wallaces' rights to use and enjoyment of the easement, the decision of the Appellate Court will prove useful in sorting out the rights and responsibilities of the parties. 20355 Hawthorne Boulevard • Torrance, California 90503 • T: 310.793.1400 • F: 310.793.1499 E: ab@agnewbrusavich.com • www.agnewbrusavich.com AGN "UV BRUSAVICH SERIOUS INJURY LAWYERS April 1, 2013 Page 2 Thank you for your anticipated cooperation. Very truly yours, AGNEWBRUSAVICH A Professional Corporation Dictated but not read. Forwarded to avoid delay. STEPHEN C. RASAK SCR/jmk Enclosure cc: Fred and Anne Wallace (w/encls.) 27520 Hawthorne Blvd., Suite 185 Rolling Hills Estates, CA 90274 Mr. and Mrs. Alfred V. Visco (w/o encls.) LAW OFFICE OF ALFRED VISCO 1405 Crenshaw Blvd. Torrance, CA 90501 • �Qov_ �c9 City0/ieii�� I/i INCORPORATED JANUARY 24, 1957 -r NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 July 13, 2011 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd, Suite 185 Rolling Hills Estates, CA 90274 SUBJECT: RE -VEGETATION OF ACCESS ROAD CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH) Dear Mr. and Mrs. Wallace: As you know, per City and County Building Code requirements and conditions of the approved grading for geological exploration, you were required to restore and plant the graded access road to its pre -graded condition. As of today the grading restoration has been completed, however the re -vegetating of the restored area for erosion control has not. We understand that you recently experienced some personal difficulties and health issues and we are very sorry about this. However, before the rainy season the access road must be re -vegetated. Please complete this project by August 15, 2011. Failure to meet this schedule will result in further code enforcements efforts and may include referring this case to the City Attorney for disposition. Should you have any questions regarding this matter, please feel free to contact me at (310) 377-1521 or by email at vs@citvofrh.net. Si c 04, anta Schwartz P anning Director cc: Lisa Naslund, P.E. Los Angeles County Building and Safety Printed on Recycled Paper MICI IAEL JENKINS CIIRISTI HOGIN MARK D. HENSLEY BRADLEY E. WOI IIJ NR1iRG KARI, H.13ERGER GREGO KOVACEVICH JOI IN C. COTEI EL.IZAILETI I M. CALCIANO LAIIREN LANGER RORER!' M. 5hif1'll T LINH Ho JENKINS & HOGIN, LLP A LAW PARTNERSHIP MANHATTAN TOWERS 1230 ROSECRANS AVENUE, Su1TE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310) 643-8448 • FAx(310) 643-8441 W WW.LOCA LGL:)VLAW.COM WRITER'S EMAIL ADDRESS: ECALCIANO(r, LOCALGovLAW.COM February 24, 2011 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd., Suite 185 Rolling Hills Estates, California 90274 Reference: Notice of Violations of Rolling Hills Municipal Code Section 17.16.240/Restoration of Access Road Cinchring Road, Rolling Hills, California Dear Mr. and Mrs. Wallace: This office represents the City of Rolling Hills as its City Attorney. Planning Director Yolanta Schwartz sent you a letter on January 6, 2011 informing you that you are required to complete the restoration of the above -referenced access road by revegetating it. Your failure to do so constitutes a violation of Rolling Hills Municipal Code Section 17.16.240 which provides as follows: "Per the requirements of the City's Building Code (Title 15 of the Municipal Code), property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee." Further, the City's Building Code Section J 103.2 subsection 7, requires that: "exploratory excavations must be restored to existing conditions, unless otherwise approved by the Building Official. • February 24, 2011 Page 2 jENICENS & HOGIN, LLP Please restore the area to previous conditions, including revegetation. Please contact Yolanta Schwartz by March 7, 2011 to confirm your intent to comply and to arrange an inspection. Otherwise, our office will have to consider other legal remedies to obtain your compliance. Your cooperation in this matter is greatly appreciated. Very.truly yours, lizabet6 M. Calciano Assistant City Attorney City ofRolling Hills cc: Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director Michael Jenkins, City Attorney eity /,pll.�„gJdilG October 27, 2010 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd, Suite 185 Rolling Hills Estates, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 SUBJECT: RESTORATION- EXPLORATORY EXCAVATION CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH) Dear Mr. and Mrs. Wallace: We understand that you have completed the geological exploratory work on your property on Cinchring Road. Per City requirement and conditions of the, approved grading for geological exploration, you are required to restore the graded access road to its pre -graded condition. Please restore this road by December 1.2010.. Prior to commencing restoration, you are required to submit a restoration and erosion control plan to the Los Angeles County Department of Building and Safety for review and approval. Please contact Lisa Eckert for details regarding County requirements. She can be reached at 310 534-3760 or 323 820-6500. Should you have any questions regarding this matter, please feel free to contact me at (310) 377-1521 or by email at vs@citvofrh.net. Si Yo ,'nta Schwartz Planning Director ,fi,A)4 cc: Anton Dahlerbruch, City Manager Doug McHattie, Bolton Engineering Lisa Eckert, P.E. Los Angeles County Building and Safety Kit Bagnell, LA County Lomita Office District Engineer Printed on Recycled Paper OCT-26-2010 08:10 COUNTY OF LADPW DEPART OF PUBLIC WORKS 'To Enrich Lives Th v,, ,Effective and Caring Services' Building and Safety Division 11r.1ili ' PUBLIC WORKS NOTICE OF VIOLATION NPDES CORRECTION NOTICE JOB ADDRESS: \ C71 Nr", Ir+4- OWNER: Building Code Section 106.4.3 and the LOS Angeles County Stormwater Ordinance Title 12, Chapter 12.80 requires all construction projects must be In compliance with the County's National Pollutant Discharge FilrnlnaUon System (NPDES) municipal stormwater permit, Inspection of your property finds that the following conditions require maintenance, Installation, or repair: II Protective devices and storm water controls to prevent erosion and other construction related pollutants frorn being conveyed from the site are required. Sediments and other pollutants may not be transported from the site via sneet flow, swales, area drains, natural drainage courses' or wind, • ❑ Stockpiles of earth or other constructon related materials must be protected from being transported from the site by the forces of wind or water. ❑ Fuels, oils, solvents, and other toxin material must be stored in accordance with their Iisttngs and are not to contaminate the soils and surface waters. All approved storage containers are to be protected from the weather. Spills shall be cleaned immediately and may riot be washed into the drainage system. ❑ Excess or waste concrete, plaster, and paint may not be washed into, the public Right of Way or any drainage system. Provisions Shall be modulo retain wastes onsite until they can be disposed of as a solid waste. ❑ Trash and construction related solid wastes must he deposited into a covered receptacle to prevent contamination of storm flows and dispersal by wind. ❑ Sediments and other materials may not be tracked from the site by vehicular traffic. All construction entrances must be stabilized so as to inhibit sediments from being deposited into the public Right of Way. Accidental depositions shall be cleaned Immediately and may not be washed down. _mashed slopes with disturbed soils or denuded vegetation must be stabilized so as to inhibit erosion by wind or storm flows, ❑ Your construction project local Storm Water Pollution Prevention Plan (SWPPP) does not reflect site conditions or adequately address storm water flows. Submit updated Local SWPPP for review & approval. ❑ Other: This is a formal notice in accordance with provisions of the County of Los Angeles Code, Title 26. Your cooperation and compliance with the following is requested: ❑ STOP ALL WORK (Except for corrective actions to address items noted above) ❑ Within a days from date of this notice items noted above must be corrected. No further inspections will be provided until corrective actions have been taken, Please call the Inspector if you need further infgrmation or advice on the necessary work. Date inspector Signature d mac.— 24' 1.s rC e A-U-. • INSPECTOR'S OFFICE HOURS 8:00 — 9:00 AM M-F 20-0Q97 DPW Rev 11/2004 • 1 310 530 5482 P.01/01 RECEIVED OCT 262010 City of Rolling Hills" By TOTAL P.01 i r Dist. Office 12.02 County of Los Angeles Department of Public Works DISTRIBUTION GEOTECHNICAL AND MATERIALS ENGINEERING DIVISION 1 Dist. Office Sheet 1 of 1 GEOLOGIC REVIEW SHEET 1 Geologist 900 So. Fremont Ave., Alhambra, CA 91803 1 Soils Engineer ' TEL. (626) 458.4926 1 GMED File LDD • Grading Tract / Parcel Map Lot(s) Parent Tract Location City of Rolling Hills Site Address 17 Cinchring Road APN 7567-017.045 Geologist Coast Geotechnical, Inc. Developer/Owner Wallace Solis Engineer SWN Soiltech Consultants. Inc. Engineer/Arch. Bolton Engineering Grading P.C. No. 0907300003 For. Grading for a Single Family Residence Building P.C. No, Geologic Report(s) Dated 10-18-10, 09-23-10, 08-17-10, 04.05-10, 11-20-09 Soils Engineering Report(s) Dated 09-25-10, 08-11-10, 04-10-10, 12-01-09 Geology and Soils Engineering Report(s) Dated Additional Reports Reviewed In File — Tract 26343: GTC 2-16-72: 05-03-71, 04-06-71, 02-08-71, 08-21-70, 06-29-70, 11-03-69, 09-12-89, 05-08-69; Western Labs: 02-03-72, 08-23-71; Emil DlMatteo 09-14-71 In File —15 Cinching (previously within tract file): Norcal 06-13-90, 05-08-90, 09-29-89, 08-18-89, 09-23-88, ; Gail Hunt 08-15-90: 05-10-90, 09-09.88 In File — 20 Cinchring: GTC: 06-28-73, 05-25-73, 06-14-72 - Note: all reports in files are listed, not all are applicable to the subject proiect Action: Plan is recommended for approval from a geologic standpoint, subject to conditions below. Remarks/Conditions: 1. In -grading inspections must be made by the consulting geologist and soils engineer. Monthly in -grading inspection reports must be submitted directly to the Geology and Soils Section by the consultants. 2. Rough grading must be approved by a final engineering geology and soils engineering report. An As -Built Geologic Map must be included in the final geology report. Provide a final report statement that verifies work was done in accordance with report recommendations and code provisions (Section J105.12). The final report(s) must be submitted to the Geotechnical and Materials Engineering Division for review and approval. 3. Wall excavations must be inspected and approved by the consulting geologist and soils engineer prior to the placing of steel or concrete. 4. The Soils Engineering review dated /D /%—/D Is attached. Prepared by Robert O. Thomas Reviewed by / ,Gate 10-18-10 1' Please complete a Customer Service Survey at htto://dow.Iacountv.aov/ao/amedsurvev P:\Gmepub\Geology ReviewlForms1Form08.doc 2/13/08 Address: Telephone: Fax: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS GEOTECHNICAL AND MATERIALS ENGINEERING DIVISION SOILS ENGINEERING REVIEW SHEET 900 S. Fremont Ave., Alhambra, CA 91803 (626) 458-4925 (626) 458-4913 Review No. 5 Single Family Residence Location Developer/Owner Engineer/Architect Soils Engineer Geologist District Office Job Number Sheet 1 of 2 12.02 B372001/A304 DISTRIBUTION: 1 Drainage 1 Grading 17 Cinchrina Road. Citv of Rolling Hills 1 Geo/Soils Central File Wallace District Engineer Bolton Engineering 1 Geologist SWN Solltech Consultants, Inc. 1 Soils Engineer Coast Geotechnical, Inc. 1 Engineer/Architect Grading Plan Check No. 090730003 Review of: Revised Grading Plan Dated by the Processing Center W300 Soil Engineering Report Dated 9/25119. 8/11/10. 4/10/10, 12/1/09 Geology Report Dated 9/23/10,8/17/10. 4/5/10. 11/20/09 Previous Review Sheet Dated 9/15/10 ACTION: Grading plan is recommended for approval, subject to conditions below: REMARKS: 1. Submit all in -progress reports to the Soils Section for verification that the completed work complies with County codes and policies. 2. Submit a rough grading report to the Soils Section for verification that the completed work complies with County codes and policies. Note: The submitted grading plans show the proposed residence will be located on a cut/fill transition. For the proposed building location, either all of the foundations must be founded into the bedrock or all foundations must be placed on a minimum of 3 feet of compacted fill. NOTI<(.S.TQ T}IE PLAN CH.FMR//IILDING AND $q,FUMENQl(VEER: A. ON -SITE SOILS ARE CORROSIVE TO FERROUS METALS AND CONCRETE. B. ON -SITE SOILS HAVE MEDIUM EXPANSION POTENTIAL. C. ONLY THE SOILS/FOUNDATION RECOMMENDATIONS DEPICTED ON THE PLANS ARE APPROVED. Reviewed by Yosh Please complete a Customer Service Survey at http://dp1(v.lacou NOTICE: Public safety, relative to geotechnical subsurface exploration, sh the Los Angeles County Code, Chapter 11.48, and the State of California, Title 8, onstruction Safety Orders. P:\Yosh\17 Cinchdng Rd, City of Rolling Hills, GP -A 5 .AP; Date 10/14/10 • accordance with current codes for excavations, inclusive of \Oct 07 09 02:20p FRED WALLACE (310)544 2281 Er El • OCT 0 7 2009 Yolanta Schwartz City of Rollrn October 7, 2009 City of Rolling Hills By 9 Hills 2 Portuguese Bend Road Rolling Hills Ref: 17 CINCHRING LOT (A portion of parcel 23) (Assessor's Parcel Number 7567- 017-045) Cinchring Road RE: Restoration of roadway easement Dear Yolanta: Confirming our conversation today. An update as to the Preliminary Geological exploratory work. The preliminary geological work has not been completed at this date. We have requested the Engineering firm to respond to you immediately. The boring of three holes by Roy Brothers Drilling Inc. was completed on September 22, 2009 under the direction of Coast Geological who are completing their report for submission to the soil engineering firm(SWN SOILTECH CONSULTANTS, INC) for their study and report. Work to be done is based on their engineering results We are and have been ready to complete the restoration. Also we assumed that the submission of plans prepared by Bolton Engineering to the County for the permit covered The restoration, what would seem to be a simple process with a machine replacing the dirt and adding any foliage recommended by you and the county, We are concerned and want to make sure the drainage would occur safely to the Cinchring Road Driveway or a safe area prior any rain. The easement grading did serve as a fire break in the recent fire. Please advise so we can proceed promptly to complete the work prior to the rains. As you know this process has been delayed by the permitting process and surrounding parties. Thank you for your help. Sincerely, Fred Wallace Cc: Anton Daulerbruch, City Manager Lisa Eckert P.E. Los Angels County / Ross Bolton Bolton Engineering p.1 FRED WALLACE [3101544 2281 p.2 4I Oct 08 09 12:05p • COAST GJ OTECHNICAL, INC. 14747 Artesia Blvd., Suite 1-D, La Mirada, CA 90638 Ph: (714) 521-0169 or (714) 521.2827 Fax: (714) 521.0179 Mr. and Mrs. Wallace Todd Mr. and Mrs. Wallace, 0 Cinchring, Rolling Hills This memo has been prepared to respond to your October 7, 2009 facsimile. 10/8/09 Geologic exploration, consisting of three borings, has been performed at the referenced site. Whether this completes geologic exploration for your project will only be determined after project reports are written and submitted to the County for review. As we have discussed before, it is not unusual for projects in a geologically sensitive area to require additional phases of exploration to respond to potential review concerns issued by the County. While we cannot dictate City policy concerning the access road, we do recommend that the access road remain in place until your reports have gone through County review. This would allow access to the property for drilling of additional borings if needed for response to County concerns, If the road is allowed to remain it shall, at a minimum, have erosion control measures installed in accordance with designed approved plans. Please call if you have any questions. Todd D. Houseal CEG#1914 Expo/10 nnirnnr•T+ • • City o ellin9 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521, FAX: (310) 377.7288 October 6, 2009 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd, Suite 185 Rolling Hills, CA 90274 SUBJECT: RESTORATION- EXPLORATORY EXCAVATION CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH) Dear Mr. and Mrs. Wallace: We understand that you have completed the geological exploratory work on your property on Cinchring Road. Per City requirement and conditions of the approved grading for geological exploration, please commence the restoration of the graded access road within fifteen days of this letter, but not later than October 20, 2009. Prior to commencing restoration, you are required to submit a restoration and erosion control plan to the Los Angeles County Department of Building and Safety for review and approval. Please contact Lisa Eckert for details regarding County requirements. She can be reached at 310 534-3760 or 323 820-6500. Should you have any questions regarding this matter, please feel free to contact me at (310) 377-1521 or by email at vs@citvofrh.net. Sipcprely LS124 anta Schwartz nning Director cc: Anton Dahlerbruch, City Manager Ross Bolton, Bolton Engineering Lisa Eckert, P.E. Los Angeles County Building and Safety Printed on Recycled Paper Citi o Rolli Jh/i i May 22, 2009 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd, Suite 185 Rolling Hills Estates, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 SUBJECT: EXPLORATORY EXCAVATION CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH) Dear Mr. and Mrs. Wallace: As you are aware, we received an inquiry regarding the construction of the temporary access road to the rear of your property for the purpose of conducting geological study for the site. Upon inspection by the L.A. County building and grading inspectors and myself, it was determined that the temporary access road was not constructed in conformance with the approved plan and description submitted to the City and approved on April 9, 2009. The approved plan and scope of work did not require a grading permit. Per Section 15.04.120 of the City of Rolling Hills Building and Construction Code a grading permit is not required for exploratory excavation performed under the direction of a Soils Engineer or Engineering Geologist. However, access roads or pads created for exploratory excavation that contain a cut and/or fill greater than 3 feet require grading permit. The road that you created has areas of cut and fill that exceed 3 feet. Please cease all work on the project immediately and submit to the City a grading plan and description of the work performed to date. Explain if additional grading will be required and how you are planning to accomplish it. In addition, submit a road restoration plan in accordance with L.A. County grading code requirements. Upon review and approval of the information by the City, you will be required to obtain a grading permit from L.A. County Building and Safety Department. For information on the requirements for the restoration plan, please call Lisa Eckert, Grading Engineer at (310) 534-3760. This information is requested by June 15, 2009. Should you have any questions regarding this matter, please feel free to contact me at (310) 377-1521 or by email at vs@citvofrh.net. Printed on Recycled Paper • Si I anta Schwartz anning Director cc: Anton Dahlerbruch, City Manager Kristen Raig, RHCA Manager Lisa Eckert, L.A. County Grading Engineer Wayne Chatman, L.A. County Building Inspector FRED W. WALLACE CERTIFIED PUBLIC ACCOUNTANT March 26, 2009 Sergeant David Rozas Lomita Sheriff Station 26123 Narbonne Avenue Lomita, CA 90717 Re: Vacant Lot - Cinchring Road, Rolling Hills 27520 HAWTHORNE BOULEVARD SUITE 185, PENINSULA POINTE BUILDING ROLLING HILLS ESTATES, CA 90274 310 / 544-2289 FAX 310 / 544-2281 EMAIL: FREDWALLACECPA@MSN.COM troy 471 V ED MAR 3 0 2009 City of Rolling Hills Dear Sergeant Rozas: By As per our conversation, this is to confirm that Fred and Anne Wallace own a vacant lot between 15 Cinchring Road (Mr. & Mrs. Alfred Visco) & 20 Cinchring Road (Mrs. Patricia Johnson) with a 20 - foot easement to access our lot in the City of Rolling Hills. Per your request, attached is a copy of the Deed of Trust for the 20 - foot easement. We are in the process of doing geological testing with the approval of the City of Rolling Hills and we need to clear some vegetation within the 20 - foot easement area as a result of the grading process, in -order for the drill rig to access the lot. Mrs. Johnson has called the police on two separate occasions when we went to our lot through our easement with our agents. Attached is a copy of a letter from our:attorney Stephen Rasak to Mrs. Johnson's attorney, Paul Pearson explaining the scope of work. Please advise your response unit not to send out officers on Mrs. Johnson's future calls and delay our work. If you have any questions, please contact Yolanta Schwartz at the City of Hills or if you need to reach us, our contact number is 310-344-2600. Thank you. Sincerely, Fred Wallace cc:, Yolanta.Schwartz..'. City of Rolling Hills Kristen Raig • Rolling Hills Community Association Annd Wallace v. AGNEW . . BRUSAVIGH LAWYERS 20355 FIAWfHORNE BOULEVARD • TORRANCE, CALIFORNIA 90303 • TELEPHONE (310) 793-1400 • FAX (310) 793-1499 E-MAIL: ab@agnewbrusavich.com • www.agnewbrusavich.com GERALD E. AGNEW, JR BRUCE M. BRUSAVICH TOBIN D. ELLIS b 1 r.YHEN C RASAK March 25, 2009 Paul R. Pearison CAMERON & PEARLSON 3292 East Spring Street Long Beach, CA 90806 Re: Wallace / Visco / Johnson Dear Paul: DANIEL V. FAVERO Administrator INGE B. GREENWALD ANNE K. SANSALONE Legal Assistants Reference is made to your correspondence of March 11. Since that correspondence, it is my understanding that your client has called the police on two separate occasions as a result of my clients' and their agents walking along the easement and onto their lot. The last time the police were called, they arrived at.Ms. Johnson's. property and thought that her gardener was the person.trespassing. Apparently, he was detained for a brief period of time while they checked his background. • The call also resulted in the Association or City Engineer arriving at the scene. He viewed the subject area and apparently made a comment to my clients that Ms. Johnson has improperly planted within the .Association's 10-foot easement.. It therefore appears• that her contacting the authorities has somewhat backfired. I thought we had everyone under control and calmed down to the point where we could logically proceed with geo ogical,;testing. I hope I am not mistaken. So there can be no misunderstanding, I hope to provide the details of the testing in this co4ess'pondence. My clients and their agents are in the process of submitting a grading plan to the City and/or the Association. The appropriate entity will make a determination whether a grading permit is required. It is my understanding and belief the amount of grading is less than the amount that would require a permit. ANEW BRUSAVICH LAWYERS Paul R. Pearlson March 25, 2009 Page 2 Once the permit is obtained, my clients will access their lot over the 20-foot easement. There will be grading that will take place within the 20-foot easement area only. Grading will not take place beyond the 20-foot easement boundaries which are clearly marked by both my clients' own survey, and a subsequent survey done by Mr. and Mrs. Visco. The Viscos and their counsel are aware and have agreed that if vegetation is present within the 20-foot easement area, it will be disturbed as a result of the grading process, and the drill rig using the easement to access the lot. I am unaware if there are any sprinklers within the area that would be encroaching onto the.20-foot easement, but if there are, the sprinklers will need to be removed and/or capped off so there is no flooding or water issues during the geotechnical investigation. Our agreement with the Viscos further requires that once the geological testing is done, the grade will be restored and they will be provided a copy 'of the ultimate report which we will receive .from -'-the geotechnical experts. I would be most willing, as would my clients, to meet with you and/or Mrs. Johnson .at'the easement site to further* examine the site conditions and further explain the nature and scope of the work that will take place once the plan is approved by the City and/or Association. Please advise. ' Very truly yours, AGNEW & BRUSAVICH A Pression 1. Corporation STEPHEN C. RASAK SCR/jmk • • cE� ,9teden9.�a�� 50TH ANNIVERSARY 1957 - 2007 February 21, 2008 Mr. Alfred Visco 15 Cinchring Road Rolling Hills, CA 90274 Dear Mr. Visco: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 We have received your letter of February 12, 2008. We agree that the Preston judgment appears to preclude any building construction on Mr. Wallace's lot, however the Municipal Code does not prohibit exploratory excavation on any property, and therefore permission was given to conduct geological testing. Also, it has come to our attention that you have constructed a wall on your property in what appears to be a setback. Pursuant to the City of Rolling Hills Zoning Ordinance Section 17.12.190 setbacks shall remain unoccupied or unobstructed by any structure aboveground, with some exceptions. The exceptions include not exceeding 3 foot wall as follows: • rubble wall (not on permanent foundation) • wall along a driveway, stairs or walkway • wall to support a drainage device, as determined to be necessary by city staff and the Building Official. Please provide to the City, no later than March 3, 2008, a plot plan showing the location of the wall in relation to the side property line, so we can determine if it is located in the setback. If you have any questions, please do not hesitate to call me at (310) 377-1521. Sincerely ULJ S . 45, Y 1anta Schwartz Planning Director cc: Anton Dahlerbruch, City Manager Mike Jenkins, City Attorney ® Printed on Recycled Paper • • Alfred Visco, Esq. February 14, 2008 Sidney Croft, Esq. 3858 W. Carson Street, Suite 127 Torrance, California 90501 FEB 1 9 2008 CITY OF ROWNG HILLS Crenshaw Professional Building 1405 Crenshaw Boulevard Torrance, California 90501 (310) 212-5450 Fax: (310) 618-0110 Copy by facsimile 310-540-4364 Re: Fred Wallace,Vacant Land APN 7567-017-045 Contiguous with the southeast property line of 15 Cinchring Road, Rolling Hills, CA 90274 My Letter to Wallace Dated 12/14/06, 9/12/07 & 2/9/08 Dear Mr. Croft: I have completed my first draft of the complaint against Mr. & Mrs. Wallace. In the process of doing so I revisited the stipulated statement of facts and Judge Epstein's intended decision in the Bell litigation. I believe you indicated at our meeting on September 17, 2007 that you had said documents. At our meeting we did not review said documents nor did we discuss said documents in relationship with the purported easement granted by Rustads to Preston in 1970. My recent review of said documents has refreshed my memory on why I believed and still believe that said purported easement was not legally created. In the stipulated facts it was agreed that said easement was "conveyed by the Rustads to Lucy S. Preston without the knowledge or consent of the Association, and prior to the subdivision of the Rustad property into Lots 6 and 7 of Tract 26343, and to provide new access to Lot 164-C". (Pg. 16, 11.12-15). A copy of Pg. 16 is enclosed for your easy reference. In Judge Epstein's intended decision he stated as follows "The Association has determined that Parcel 164-C is an unsuitable building site. The Association maintains that the property is on the side of an extremely steep hill, is without ingress and egress, and without property drainage. (Answer to Interrogatory 15 (C))". Pg. 4,1124-28. (Emphasis Added) A copy of Pg. 4 is enclosed for your easy reference. A reasonable inference from the foregoing is that in the Bell litigation the Association's position was that Parcel 164-C has no ingress or egress through the purported easement i.e the purported easement was not legally created. Sincerely, cc: Rolling Hills Community Association of Rancho Palos Verdes City of Rolling Hills Alfred Visco, Esq. February 9, 2008 Fred W. Wallace, CPA 27520 Hawthorne Blvd., Suite 185 Rolling Hills Estates, California 90274 LJ i V`' FEB 12 2003 CITY OF ROLLING HILLS By Re: Vacant Land APN 7567-017-045 Contiguous with the southeast property line of 15 Cinchring Road, Rolling Hills, CA 90274 My Letter Dated December 14, 2006 My Letter Dated September 12, 2007 Dear Mr. Wallace: Crenshaw Professional Building 1405 Crenshaw Boulevard Torrance, California 90501 (310) 212-5450 Fax: (310) 618-0110 I am responding to the telephone message you left on my answering machine on February 7, 2008 at approximately 5:07 p.m. wherein you indicated that you where in the process of trying to figure a way to do the preliminary geological across the easement and that you wanted to chat with me to make sure we did everything in regards to any sprinklers or anything I had there. I immediately contacted the City of Rolling Hills and acquired a copy of a letter dated January 24, 2008 with attachments submitted by Bolton Engineering Corporation on your behalf which informed the City that you intended to prepare a road within "the easement" to allow a drill rig to access the above vacant land to do geological exploration thereon. I am assuming that you are planning to construct said road in the purported easement across the Visco Residence which has been the subject of my previous above referenced letters. In said previous letters, I thought I made it perfectly clear that neither you nor your employees, agents and/or contractors, are to go onto the Visco Residence including any purported easement across said Visco Residence for any reason without my written permission or a court order. You do not have my permission to do so and to the best of my knowledge you do not have a court order to do so. In addition to all of the reasons set forth in said previous letters on why you have no right to go upon said purported easement, said easement has been terminated for numerous reasons including but not limited to abandonment, nonuse, and/or prescription. Quite frankly I do not understand why you are doing what you are doing. There are at least two major issues concerning the above referenced vacant land. The first issue is whether it is a building site. The second issue is whether it is a buildable site. Both of these issues were answered in the litigation between Paul M. Bell and the Rolling Hills Community Association, Superior Court Case No. SWC 52557. The answer was no. As determined in said litigation the vacant land is not a legal building site pursuant to the Preston Covenant. As also determined in said litigation the vacant land was not a buildable site for numerous reasons including unsafe geological conditions. Thus even assuming that the above referenced vacant land and the purported easement across the Visco Residence were legally created (which they were not), you are putting the cart before the horse. Unless you can acquire the right to utilize said land as a building site i.e until you can somehow have a court of competent jurisdiction invalidate the Preston Covenant you are simply wasting your time and money. You are also exposing yourself to potential liable and litigation from me. Your time and money would be better spent attempting to invalidate the Preston Covenant rather than trying to establish that the vacant land is a buildable site. In any event, if you do what you are apparently planning to do I will hold you, your employees, agents, contractors and all others participating in allowing you to do so, liable for trespass as well as all damage to our real property and/or our personal property located thereon. I also reserve the right to pursue any other course of action including but not limited to any litigation necessary to preserve the Visco Residence and my and my wife's legal rights. Sincerely, ALFRED VISCO cc: Rolling Hills Community Association of Rancho Palos Verdes City of Rolling Hills Bolton Engineering Corp. • • Alfred Visco, Esq. February 7, 2008 J{{ C F E B 1 2 2008 CM' OF ROLLING HILLS Yolanta Schwartz, Planning Director City of Rolling Hills No. 2 Portugese Bend Road Rolling Hills, California 90274 Re: Fred Wallace, Vacant Land APN 7567-017-045 Contiguous with the southeast property line of 15 Cinchring Road, Rolling Hills, CA 90274 Dear Ms. Schwartz: Crenshaw Professional Building 1405 Crenshaw Boulevard Torrance, California 90501 (310) 212-5450 Fax: (310) 618-0110 Copy by facsimile 310-377-7288 Following up on our telephone conversations of today and yesterday, please find enclose a copy of my 9/12/07 letter to Mr. Wallace and a copy of the purported easement deed referenced in said letter. If you wish a copy of my 12/14/06 letter to Mr. Wallace please advise me and I will fax you same. There are at least two major issues concerning said vacant land. Is it a building site and if so is it a buildable site? Both of these questions were answered in the litigation between Paul M. Bell and the Rolling Hills Community Association, Superior Court Case No. SWC 52557. The answer was no. As determined in said litigation the vacant land is not a legal building site pursuant to the Preston Covenant. As also determined in said litigation the vacant land was not a buildable site for numerous reasons including unsafe geological conditions. Thus even assuming that the'above referenced vacant land and the purported easement across my property were legally created (which they were not), Mr. Wallace is putting the cart before the horse. The City should not allow Mr. Wallace to conduct any exploratory geological exploration on the vacant land until and unless he can somehow acquire the right to utilize said land as a building site i.e until he can somehow have a court of competent jurisdiction invalidate the Preston Covenant. Sincerely, ALFRED VISCO Alfred Visco, Esq. Crenshaw Professional Building 1405 Crenshaw Boulevard Torrance, California 90501 (310) 212-5450 Fax: (310) 618-0110 September 12, 2007 Fred W. Wallace, CPA 27520 Hawthorne Blvd., Suite 185 Rolling Hills Estates, California 90274 Re: Vacant Land APN 7567-017-045 Contiguous with the southeast property line of 15 Cinchring Road, Rolling Hills, CA 90274 My Letter Dated December 14, 2006 Dear Mr. Wallace: Notwithstanding my above reference letter (a copy of which is enclosed for your easy reference), you ,through your agent Bolton Engineering Corp., trespassed upon the Visco Residence in order to perform a purported survey of Parcel 164-C. It is also my understanding that said survey purportedly established the location of a purported easement across the Visco Residence. Said easement was purportedly originally conveyed to Lucy Preston by Howard C. and Kathryn S. Rustad by deed dated February 15, 1970 recorded as No. 594 on May 22, 1970 in the official records of Los Angeles County. Additionally, again notwithstanding my above reference letter, it is my understanding that you still intend to use the purported easement in order to access Parcel 164-C with large vehicles/trucks in order to conduct geological testing on Parcel 164-C. As set forth in my above reference letter the purported easement is not valid and has no force and effect. Even assuming that you have a legal right to the purported easement, said easement does not give a general right of ingress and egress to Parcel 164-C. A true and correct copy of the deed by which said easement was purportedly established is enclosed. As can be readily ascertained the deed only provides for an easement for the following purposes: for the construction and maintenance of a road for access to Parcel 23 (also known as Parcel 164-C), for the instillation, operation and maintenance of conduits for the transmission of electricity for lighting, heating, power, telephone and other utilities, and the necessary attachments and equipment used in connection therewith, and for sewers, storm water drains, land drains, pipes, water systems, water, heating and gas mains or pipes: In addition said deed states that said easement is subject to the covenants, restrictions, reservations, rights, and matters of record. One such covenant, restriction, reservation, right, and matter of record is the Preston Covenant (see my above referenced letter) as said covenant was recorded on March 15,1956 in Book 53936, Page 315 of the official records of Los Angeles County. As you know the Preston Covenant has been validated in the litigation brought by your predecessor in interest, Paul M.' Bell, against the Association. The Preston Covenant, which was established "for the benefit of all the residents of Rolling Hills Community Association and members thereof', restricted Lucy Preston (and any person claiming under her) to erecting only one residence upon certain combined parcels acquired by her which were agreed to be one building site. Said combined parcels included Parcel 164-C. The Preston Covenant restrictions were to remain so long as the Association's CC&Rs are in full force and effect and until such time as the basic restrictions in the CC&Rs are either revised, revoked or eliminated by the passage of time. In 1958 Lucy Preston built a residence on the combined parcels at a location other than Parcel 164-C which is and has been an unimproved vacant parcel since creation. It is thus obvious that when Lucy Preston obtained the purported easement in 1970 she did so subject to the restrictions and limitations contained in the previous Preston Covenant that she had executed and recorded in 1956. It is also obvious, given the explicit restrictive language of the purported easement and Lucy Preston's actual knowledge of the Preston Covenant, that actual use of the purported easement was conditioned upon the restrictions of the Preston Covenant being eliminated. Or put another way, that the only use of the purported easement was to construct and maintain a road and utilities if Parcel 164-C was ever approved for the building of a residence. Thus said easement does not allow you to use same for access to Parcel 164-C fo.r pre -approval physical testing or any other purpose. For all of the foregoing neither you, your employees, or your agents including Bolton Engineering Corp. are to go onto the Visco Residence including any purported easements across said Visco Residence for any purpose whatsoever without my prior written permission or a court order. Sincerely, / Y ALFRED VISCO cc: Rolling Hills Community Association of Rancho Palos Verdes City of Rolling Hills Bolton Engineering Corp. ;;tf•tv..',Ai„ • 3'4 7 'P'N;CL'' oft p • • 1.11. din lrler..11 A • 1442MT • y .1;1' 4:1,:?1? 44' „ c_2_,,r • 4 •,`", • • •,-• • 1,11 • •v• -` t'••••• f 41,.k r- 1� • City 00ll .g JJ�IG 50TH ANNIVERSARY 1957 — 2007 August 16, 2007 Mr. and Mrs. Fred Wallace 27520 Hawthorne Blvd, Suite 185 Rolling Hills, CA 90274 INc:OF-TORL'SED JANUARY 24, 1957 SUBJECT: EXPLORATORY EXCAVATION CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH) Dear Mr. and Mrs. Wallace: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Thank you for informing us that you are planning to carry out exploratory geological excavation on your property on Cinchring Road and that you have hired geological firm to perform the testing. Per Section 15.04.120 of the City of Rolling Hills Building and Construction Code (enclosed), it is not necessary that you apply for a Site Plan Review or grading permit for exploratory excavation. However, the City code requires that exploratory excavation be conducted under the direction of soils engineer or engineering geologist. Prior to beginning any work please provide documentation from a soils engineer or geologists explaining the scope of work including how would the equipment reach the testing areas and how much cut/fill would be necessary to create an access to the test areas. If it becomes necessary to cut slopes, provide information on how will the cut slopes be engineered and protected from erosion or subsidence. Include in your report the schedule of work and method of restoration of the slope and testing areas to their original condition following the exploratory excavation. This information is requested at least 15 business days prior to the start of any work on the property. Should you have any questions regarding this matter, please feel free to contact me at (310) 377-1521 or by email at vs@citvofrh.net. S.nc.trely Nli O* Y9 �nta Schwartz kkj Pl nning Director j cc: Anton Dahlerbruch, City Manager Kristen Raig, RHCA Manager Printed on Recycled Paper 15.04.120 Section 7003.1 amended. Section 7003 of the Building Code, entitled "Grading Permits," is amended to revise subsections 7003.1(1) and (11) to read: Section 7003.1: A person shall not perform any grading without first obtaining a grading permit to do so from the Building Official. A separate permit shall be obtained for each site. EXCEPTIONS: A grading permit shall not be required for: (1) An excavation and/or fill or a combination thereof which is less than three feet in depth below the existing ground surface, provided that said exca- vation and/or fill or combination thereof which is less than three feet in depth does not cover more than 2,000 square feet of existing ground surface. (11) Exploratory excavations under the direction of soils engineers or engineering geologists. Proper- ty shall be restored to the condition that existed prior to excavations, to the maximum extent practica- ble, following exploratory excavations and within the time period, if any, specified by the City Manager or designee. (Ord. 277-U §1(part), 1999). August 15, 2007 Yolanta Schwartz City of Rolling Hills 2 Portuguese Bend Road Rolling Hills Ref: Lot ( A portion of parcel 23)(Assessor's Parcel Number 7567-017-045 Cinchring Road Dear Yolanta: In follow-up to our conversation, we have contracted with Todd D Housel of Coast Geological, Inc. to perform a geological study including deep boring to determine subsurface conditions, including grading of the easement accessing the lot. We have had the lot surveyed by Bolton Engineering to mark by stakes the boundaries of the lot and easement. We will be contracting with a grading firm to allow for equipment access and boring sites but have requested they contact you first for any permits and approvals. Also enclosed is the notarized " Certificate of Compliance" you requested. We would like to thank you for your continued support and guidance. If you have any questions please contact me on my cell: 310-344-2600. Sincerely, Fred Wallace LAt i—e— CeAkot-e-e-- Anne Wallace P.S. Attached is a copy of the response from the Rolling Hills community Association in our notification to them of our plans, t • (310) 544-6222 *op GROLLLns CAM eOmmunttL/ J of cRanefio fPa(o . (Rules i d odation No. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 ROLLING HILLS July 30, 2007 Mr. Fred Wallace 27520 Hawthorne Blvd., #290 Rolling Hills Estates, California 90274 Re: Wallace Lot on Cinchring Road Dear Mr. Wallace: CALIFORNIA (310) 544-6766 FAX This letter is a follow up to our conversation last week about the geology testing scheduled to take place on your property at the end of Cinchring Road in Rolling Hills. As we have discussed in the past, the Association does not recognize this property as a building site, and would require you to meet all of the subdivision requirements outlined in resolution 133 to make this a legal building site. With that in mind, we understand that you do have a right to survey and perform geology testing on your property. According to the records you provided, access to your property is over an easement that overlays the Visco side easement. It is my understanding that you have had this easement surveyed and staked, and that you your contractors understand that they must remain within the 10' easement when accessing your property. Your neighbors, Mr. Visco and Mrs. Johnson have pointed out that a portion of this easement is very steep and may not be suitable for vehicular access and are concerned that contractors may try to drive down the easement in its current condition or that your easement and portions of their easements will be graded. Please be aware that any plans to grade to create conditions for vehicular access should be approved by the City. Thank you very much for your call and for keeping me aware of your plans and the progress the work on this property. Best wishes,