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.
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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
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GROLLLns CAM eOmmunttL/
J of cRanefio fPa(o . (Rules
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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,