Thursday, April 6, 2023

MKPOA Meeting Place Directions


Please park in the large parking lot south of the church on Bienveneda 
and walk a short distance to the Music Room located behind and to the left of the church.

Wednesday, April 5, 2023

View Protection CC&Rs Comprised.




VIEW PROTECTION COMPROMISED

MKPOA Amicus Actions - Eisen vs. Tavangarian



 

On June 20, 2019, MKPOA was informed that the appellate court chose not to enforce a view restriction in CC&R paragraph 11, recorded in 1962, and instead ruled in favor of a neighboring property owner’s free use of land (Eisen vs. Tavangarian). It interpreted Paragraph 11 to apply to trees and hedges view obstructing, but not to obstructions due to remodeling/additions to the main house.

     Greenberg Glusker blog sums up the essence of the problem:  Paragraph 11 of the CC&Rs prohibits “any structures erected that may at present or in the future obstruct the view from any other lot.” The complaining neighbor in the Eisen vs. Tavangarian case prevailed at the lower court level when the judge found that various improvements to a newly renovated $9.4 million home “unreasonably obstructed” the plaintiff’s ocean views.
     The appellate court reversed the trial court’s decision.  It framed the issue as a seemingly straightforward question: “Does paragraph 11 of the CC&R’s apply to alterations or renovations to
existing homes?”      

       In 2005, the same appellate court, in a case entitled Zabrucky vs. McAdams examined nearly identical CC&Rs of a neighboring tract in Marquez Knolls.  That court held that paragraph 11 applied to any alteration or remodel of an existing dwelling that “may at present or in the future unreasonably obstruct the view from any other lot.”

   Over a decade later, the Eisen court stated that the Zabrucky majority misread paragraph 11 of the CC&R’s.  The Appellate Court ultimately concluded that paragraph 11 restricts only building a new structure, and not making alterations to an existing one.……MKPOA became alarmed that the Eisen appellate court decision and its reasoning could weaken view protection for all Lachman CC&Rs with its interpretation of Paragraph 11, that has effectively removed view protection when your neighbor remodels the house.  The threat is that tear-down/renovation has become the “new normal” in Marquez Knolls.

   Since June 20, 2019 MKPOA has written an Amicus Letter to the Appellate Court to reconsider the case - denied; has hired an attorney to submit an Amicus Letter to the California Supreme Court to review the case - denied; is investigating the option to revise the language in the CC&Rs to make it “court proof.”  Read more about MKPOA action defending CC&Rs in Amicus Actions - Eisen vs. Tavangarian.

 

return to Marquez Knolls Bulletin Board


Monday, April 3, 2023

LAPD Warns of "out of town stranded relative" Scam

Advisory: Warning: Rise in “Relative in Distress” Telephone Scams Targeting U.S. Citizens From Within and Outside the U.S.


FEDERAL AND LOCAL OFFICIALS WARN AMERICANS OF RISE IN TELEPHONE SCAMS TARGETING U.S. CITIZENS FROM WITHIN AND OUTSIDE OF THE U.S.

Law enforcement has seen an increase in the number of reports by victims of telephone scams where the caller impersonates a family member of the victim and concocts a phony scenario suggesting the relative is in distress, it was announced today by Steven Martinez, the FBI’s Assistant Director in Charge of the Los Angeles Field Office; AndrĂ© Birotte Jr., the United States Attorney in Los Angeles; and officials with the United States Postal Inspection Service, the Los Angeles Police Department and the Los Angeles County Sheriff’s Department.

Coyote and other Wild Life Sightings in Marquez Knolls


We are getting more reports on our wild life activities in Marquez Knolls.  The recent return of deer into the Marquez Knolls green belts may have attracted coyotes initially. Such a pattern is cyclical.   Most importantly, don't feed the coyotes or any other wild animals, or allow them access to  your trash cans to feed on.  Coyotes are very intelligent predators and opportunists, they share the wilderness with us and anything we do to increase their food supply, (may it be trash, rabbits, rats, or squirrels) will attract them.  Of course accessible household pets are just as attractive to them so please keep them safe.

 Jim Rea's and Klaus Radtke's comments below brings our wild life into perspective.

Helena writes:
The animal control officer I spoke with a couple of years ago suggested using an air horn to scare them away.  We keep one handy in the house and  carry one on our walks.

Los Angeles Fire Department Red Flag Days


When fire season is high, parking restrictions are enforced on Red Flag Day on streets in Pacific Palisades that are specially marked.  
Violators will be towed.


For current Red Flag Day information, click on


Q: What is a Red Flag Day?
A:    Red Flag Day is when weather conditions are such that the potential for a fast-moving brush fire is extremely high. The conditions are defined as wind speeds 25 mph or more and humidity 15% or less.

Q:How often will there be Red Flag Days?
A:    Over the past ten years, the maximum number of Red Flag days was 12. The normal range of Red Flag days per year was between four to seven.

Q:How were the areas identified?
A:    Local Station Commanders were asked to survey their districts and identify the areas that would create a problem for citizens while evacuating and for fire companies entering the area during a fast moving brush fire. Station Commanders were directed to identify narrow roads, tight curves, and critical intersections that would create choke points. The areas identified were reviewed by the Fire Department and Department of Transportation to make sure the criteria for posting was correct. Once identified, these areas were posted by the Department of Transportation.<

Q:Why are these areas only enforced on Red Flag Days?
A:     There is an everyday potential to create a choke point in these areas that could impact the delivery of emergency services, but during normal operation the situation of mass exodus from a particular area is much less likely than during a brush fire situation. The operators of emergency vehicles will normally have more than one route into and out of an area and can direct companies to a location if one route is not accessible.

N ADERNO WAY
N CATALONIA AVE
N GREENTREE ROAD
N LUCERO AVE
N LUCERO PL
N MANTUA ROAD
N MARINETTE ROAD
N OLD RANCH ROAD
N PASEO MIRAMAR
N RESOLANO DR
N RIVAS CANYON ROAD
N RIVAS CANYON ROAD
N TEMESCAL CANYON ROAD
N VISTA PACIFICA
N WILL ROGERS STATE PARK ROAD
W BREVE WAY
W CASTELLAMMARE DR 1-14
W EVANS ROAD
W LECCO LANE
W LOS LIONES DR
W OLD OAK LANE
W PORTO MARINA WAY
W POSETANO ROAD
W REVELLO DR
W STRETTO WAY
W SUNSET BLVD
W TRAMONTO DR
W VICINO WAY

If you live on or visit these streets, please click on  List of Red Flag Day Street Addresses in CD11
for detailed address information as the restrictions may not apply to all addresses on the streets listed above.



How to Open a Locked Zippered Suitcase

This works for a lost key as well as for a creative thief.  Don't leave valuables in a zippered suitcase.
(Please be patient, the video may take a few moments to load)