MKPOA Issues White Paper Providing Guidance to CC&Rs and View Protection

The Marquez Knolls Property Owners Association (MKPOA) seeks to provide analysis and guidance to its members and real estate professionals/consultants concerning the legal status of the Marquez Knolls Covenants, Conditions and Restrictions (CC&Rs). 

Click here for the full text of the Introduction Letter and White Paper 

UPCOMING

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Next Meeting 

Wednesday, March 19, 5:00-7:00 pm

click here for Directions to the Music Room Meeting Location 


 P.O. Box 1307, Pacific Palisades, CA 90272 , 
                  www.MarquezKnolls.com - MarquezKnolls@gmail.com - 310-454-7774 

                MKPOA meets every 2nd Wednesday of the month at 5:00 p.m. - 7:00 p.m.
                        St. Matthews Episcopal Church Music Room, 1031 Bienveneda Ave  

    Advertising Marquez Knolls Homes ca. 1956

RIGHT OF ENTRY (ROE) DOCUMENT

 



Sadly, many of our homes have burned, some totally, some partially, and miraculously, some are left standing.  We are all in the same boat, exciled into all parts of the City and even the country.

A process has begun for totally destroyed home to clear the property of debris.  Currently, Pase 1 is underway, removing hazardours material, such as gas or propane canisters, or battery powerd burned cars.  Phase 2 will be handled optionally by the LA County Corps of Engeers.  It will, free of charge, clear the burnsite of all debris and optionally remove the building pad.  To allow the County access to your property, you will need to submit a Right of Entry form.  Please clich on the link below to register.

Registration for the ROE will begin Tuesday (January 28) on the County recovery website -- County Recovery. 

The clearing of properties will be scheduled after all ROE's have been received by the deadline.  Scheduduling will be in clusters.  It was mentioned that bigger clusters will be given priority for efficiency reasons.  So please take leadership and help your neighborhood organize the registration process.  

For further information click here for Debris Removal Information



                                                          Back to the Beginning

 




THINGS TO CONSIDER WHEN OPTING IN OR OUT FOR BUILDING PAD REMOVAL

 The need to later remove the pad after FEMA is done and prior to reconstruction will add considerable cost to the project which must then be born by the property owner. 

 1. Concrete absorbs toxins. 

2. Concrete weakens at high heat. 

3. Steel in steel reinforced concrete gets brittle under high heat and further weakens the pad. It may also be bent and unable to tie into the structure. Above is a picture of the twisted steel frame of a former garage giving an idea of the temperatures the structure endured. 

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Concrete Absorbs Toxins. 

Concrete can absorb toxins during a high-heat fire in a building, but its ability to do so depends on several factors, including the type of fire, the materials involved, and the structure of the concrete itself. 

Here’s how it happens: Mechanisms of Toxin Absorption in Concrete: 

1. Porosity of Concrete: • Concrete is naturally porous, meaning it has tiny voids and capillaries that can trap gases, liquids, and particulates. During a fire, these pores may absorb toxic gases, smoke residues, and combustion byproducts released from burning materials like plastics, chemicals, or furnishings. 

2. Chemical Reactions: • At high temperatures, the chemical reactions within the concrete can increase its ability to bind or interact with certain toxins. For example: • Carbon dioxide (CO₂): Released in fires, it can react with calcium compounds in concrete to form calcium carbonate. • Heavy metals and pollutants: Some can adhere to or chemically bind with the concrete’s matrix. 

3. Soot and Hydrocarbons: • Burning organic materials release soot and hydrocarbons, which can deposit on the surface and penetrate the outer layers of concrete. This contamination often leaves the concrete permanently stained or damaged. 

4. Absorption of Volatile Organic Compounds (VOCs): • Fires involving synthetic materials (like plastics or insulation) release VOCs, which can be absorbed into the surface of concrete through its pores. 

5. Retention of Waterborne Toxins: • Firefighting efforts often involve spraying water, which can carry toxins and residue from burned materials. This contaminated water may be absorbed into the concrete, especially if it cools the structure. 

Post-Fire Effects: 

1. Structural Degradation: • Toxins absorbed during a fire can weaken the concrete chemically, causing long-term structural degradation. • For example, acids from combustion can react with calcium hydroxide in the concrete, leading to further damage. 

2. Health Hazards: • Concrete contaminated with toxins can pose health risks to workers and occupants during post-fire demolition, repair, or occupancy due to the potential release of hazardous residues. 

3. Environmental Concerns: • If the contaminated concrete is demolished and discarded, toxins trapped in the material can leach into the environment, requiring proper disposal methods. Mitigation and Cleanup: • 

After a fire, testing of the concrete for toxins is essential, especially in industrial settings or where hazardous materials were burned. • Contaminated concrete often needs remediation (e.g., sealing, resurfacing) or removal and disposal following environmental regulations. 

In Summary: 

Concrete does absorb toxins during high-heat fires due to its porosity and interaction with the byproducts of combustion. While this can sometimes preserve the structural integrity in the short term, the absorbed toxins may pose long-term challenges for structural safety, health, and environmental impact. 

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Concrete loses strength at high heat. 

Typical Temperatures in a House Fire: 

1. Early Stage (Incipient Stage): • Temperature: 200–400°F (93–204°C) • At this stage, the fire is small and localized, with relatively low heat as it begins to grow. 

2. Growth Stage: • Temperature: 400–1300°F (204–704°C) • As the fire spreads, it heats the surrounding materials, causing them to ignite. Heat transfer occurs through convection, conduction, and radiation. 

3. Fully Developed Stage (Flashover): • Temperature: 1100–2000°F (593–1093°C) • This is the hottest phase of the fire. Almost all combustible materials in the space are burning, and temperatures can reach their peak, potentially melting metals and weakening structural materials like steel and concrete. 

********* 

Consequence of heat damage. 

High heat can severely weaken concrete and steel, the two primary materials used in structural construction, by altering their physical and chemical properties. Here’s how: 

Concrete: 

1. Loss of Moisture: • Concrete contains water in its structure. At around 100–200°C (212–392°F), this water evaporates, causing microcracks and a reduction in strength. 

2. Decomposition of Hydration Products: • The calcium silicate hydrate (C-S-H) gel, which gives concrete its strength, begins to break down at around 300–400°C (572–752°F), further reducing the structural integrity. 

3. Thermal Expansion and Cracking: • Concrete expands unevenly under high heat, leading to internal stresses and cracking. At temperatures above 500°C (932°F), severe spalling (surface chipping and flaking) can occur, exposing inner layers to the heat. 

4. Carbonate Decomposition: • If limestone is present in the concrete (as part of the aggregate or cement), it begins to decompose into calcium oxide and carbon dioxide at temperatures around 700–900°C (1292–1652°F), which weakens the structure. 

Steel: 

1. Loss of Strength: • Steel begins to lose its strength significantly at temperatures above 400°C (752°F). At 600°C (1112°F), it retains only about 50% of its strength, and by 800°C (1472°F), it retains just 10% of its strength. 

2. Thermal Expansion: • As steel heats up, it expands. This can cause buckling or deformation, especially in structural elements like beams and columns. 

3. Softening and Melting: • Steel softens and becomes ductile at high temperatures, making it unable to support loads. Its melting point is around 1370–1510°C (2500–2750°F), but failure occurs well before that due to the softening. 

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from ChatGTP: 

Why remove a building pad after a house fire. 

Removing a building pad after a house fire that fully engulfed and destroyed the structure is often necessary for several reasons, ranging from safety and environmental concerns to ensuring the structural integrity of a future rebuild. Here are the key reasons: 

1. Contamination and Toxic Residues • Absorbed Toxins: Building pads, often made of concrete, can absorb toxic residues from burned materials such as plastics, chemicals, and synthetic construction materials. These contaminants can include: • Heavy metals (e.g., lead, mercury). • Volatile organic compounds (VOCs). • Hydrocarbons from soot and smoke. • Asbestos, if present in the structure. • Health Hazards: Contaminated pads can release toxins over time, posing health risks to workers, future occupants, and the surrounding environment. 

2. Structural Compromise • Heat Damage: Intense heat from the fire can weaken or degrade the structural integrity of the pad, even if it appears intact. This may include: • Spalling: The surface layer of concrete can flake off, exposing the inner layers. • Chemical Changes: High heat can break down the internal composition of concrete, reducing its strength and load-bearing capacity. • Reinforcement Damage: Steel reinforcement (rebar) inside the pad can warp or lose its tensile strength due to extreme heat. • Foundation Cracking: Stress from the fire or firefighting efforts (e.g., water cooling the pad unevenly) can cause cracks that weaken the pad. 

3. Compliance with Building Codes • Rebuilding Requirements: Local building codes often require that a damaged or compromised pad be removed before reconstruction to ensure the new structure meets current safety and engineering standards. • Environmental Regulations: Fire-damaged pads may need to be removed to comply with environmental laws that prohibit the reuse of contaminated or weakened materials. 

4. Fire Debris Cleanup • Embedded Debris: Fire debris, such as charred wood, melted materials, and ash, can embed into the pad. These materials can be difficult to remove entirely without demolition. • Proper Disposal: Removing the pad allows all fire-related debris to be disposed of properly in accordance with hazardous waste regulations. 

5. Geotechnical Concerns • Soil Contamination: Toxins from the fire can leach through the pad into the underlying soil, requiring remediation. Leaving the pad in place may prevent proper cleanup of the soil beneath. • Future Foundation Stability: A fire-damaged pad may not provide a stable or level surface for new construction, potentially leading to structural issues in the future. 

6. Insurance and Liability • Insurance Requirements: Insurance companies may mandate the removal of a damaged pad as part of the claim settlement to ensure proper rebuilding and prevent future liabilities. • Liability Risks: Leaving a compromised pad in place could expose property owners to liability if it fails or causes harm during or after reconstruction. 

7. Aesthetics and Property Value • Visual Damage: Fire-damaged pads are unsightly and can lower the overall value of the property. • Clean Slate for Rebuilding: Removing the pad provides a clean, safe, and stable foundation for future construction, ensuring the property is restored to its full potential. In Summary: Removing a building pad after a house fire is often necessary to address contamination, ensure safety, comply with regulations, and provide a clean and stable base for reconstruction. This process is typically part of fire debris cleanup and rebuilding efforts, ensuring the long-term integrity and habitability of the property.



MKPOA Legal Defense Fund


MKPOA has created a Legal Defense Fund to help support homeowners in protecting their views. Our goal is to raise a minimum of $150,000 in the next thirty days to help homeowners wishing to protect their view rights, preserve neighborhood character, and avoid costly and destructive legal fights. Funds raised will be used primarily for legal expenses related to advising and supporting homeowners facing view-obstructing rebuild projects.
 
PAYING WITH CHECK?
Make checks payable to "Marquez Knolls Property Owners Association" and mail checks to: P.O. Box 1307, Pacific Palisades, CA 90272.


Please note, if you are considering a contribution of $1000 or more, please contact MKPOA President Howard Robinson (howard@howardrobinson.net) or Vice-President Robert Gold (robertgold100@gmail.com) to discuss.



ONLINE DONATIONS OPTIONS: PayPal or Square Payment
Please use the links below for online payment.


                                    

MKPOA PayPal Donation link:
https://www.paypal.com/donate/?hosted_button_id=VREQVXDPF3LHS

 

 

MKPOA Legal Defense Fund Square Checkout Link:
https://square.link/u/8Zd5q6ZI


Thank you!

Together, we will rebuild the Marquez Knolls.
 

Sincerely,
    Your MKPOA Board of Directors
 

Howard Robinson, President, howard@howardrobinson.net
Robert Gold, Vice-President, robertgold100@gmail.com
Mark Galanty, Secretary, mark@galanty.com
Robert Trinkkeller, Treasurer, trinkacf@yahoo.com
Dikran Dalian, ddalian4@gmail.com
Michael Edlen, michaeledlen@gmail.com
Daniel Ehrensaft, Ehrencor@gamil.com
Marie McKenna, marie_mckenna@yahoo.com
Marc McTizic, mmbond@gmail.com
Michelle Oliver, moliver90272@gmail.com
Ali Rassekhi, rassekhi@gmail.com
Mark Rhomberg, markjrhomberg@gmail.com

 
Marquez Knolls Property Owners Association
P.O. Box 1307
Pacific Palisades, CA 90272
www.MarquezKnolls.com
MarquezKnolls@gmail.com



Introduction to Post-Fire View Protection Guidance

"The CC&Rs have not expired or ruled invalid.
They remain legally binding on all lots within the Lachman Tracts."

URGENT  URGENT 
MKPOA established Legal Defense Fund. Donate here

DEBRIS REMOVAL INFORMATION



          For the official website for debris removal click here.

Things to consider when opting in or out for debris removal:

1. Once you make a decision you can not change your mind.
2. While the removal is  free of charge to you, avalable insurance money will be collected.
3. As part of the application you are asked to opt in or out for the removal of your building pad.  What does that mean?
        
         Under high heat toxins can penetrate the cement of the pad.
         Under high heat the pad and embedded steel may become briddle.
        If a structrual engineer determines later that the pad is unusable for                 construction, the removal then is costly.
         Click here for more details on building pad removal considerations


This is a summary from the PPCC of the Debris Removal Town Hall presentation with the link to the You Tube recording.  

For those who couldn't attend or who would like a refresher, here is a link to the YouTube recording: 

 
The meeting featured an extensive Q&A session, from which Supervisor Horvath indicated an FAQ would be prepared for the community's convenience.  We will link to the FAQ when it becomes available.

In brief, we learned from officials at the Town Hall about the two phases of debris removal:

Phase One: This is the environmental stage, in which EPA will remove all toxic/hazardous substances from each property, such as lithium batteries, oil & gas, paint, asbestos, flammable materials, cleaning solvents and the like.  The work will begin this week and will likely last between 2-3 months (no firm timeline).  Only hazardous materials will be removed. Residents may visit their property during this time if they are cleared to repopulate, but the EPA will not work on the site when visitors are present.  For your safety, residents are strongly urged to use appropriate PPE when visiting their property as the area is extremely toxic.

For more details about Phase One, see Hazardous Materials Removal.

Phase Two:  This phase will begin on a rolling basis when the work on each site in Phase One is completed.  During this phase, debris removal will take place "within the ash footprint" of each site in order to prepare for eventual rebuilding.  You will have the option of using the Army Corps of Engineers (Corps) to remove debris on your property (free of charge to you) OR using a licensed, private debris removal contractor at your expense (or through your insurer).  Private contractors must adhere to the same standards as the Corps and you will need a permit to do your own removal.

You will be required to fill out a Right of Entry (ROE) form to indicate whether you are opting-in to using the Corps for debris removal (the form will likely have to be printed out as a wet signature is required).  Registration for the ROE will begin tomorrow, Tuesday (January 28) on the County recovery website -- County Recovery. 

The official ROE form and instructions will be made available on the website starting tomorrow.  For a preview -- here is a template that is already online: ROE Template.  However, we caution that everyone should visit the County website to make certain that you are using the correct/official form as of 1/28/25.

During debris removal, the Corps (if you chose to use them) will notify you if any valuables are found, and trees may be assessed by arborists to determine their condition (hazardous trees will be removed; we understand that trees that are unharmed or burned but determined to be likely to survive will not be removed).  We were told that six inches of topsoil will also be removed (no more). You may be present during debris removal.

There is no timeline yet for when all the Phase Two work will be completed.  As debris removal is complete at each site, property owners can begin rebuilding.  You may submit building applications/plans for City approval in an expedited process at any time during the debris removal, and can begin rebuilding once the removal is complete and your application is approved.  Mayor Bass advises that LADBS will open a site for processing rebuilding applications in the Palisades in the near future (possibly at the Rec. Center).  Stay tuned for more details.

Residents whose homes are still standing may return to live in them at any time if they wish (once cleared to repopulate), keeping in mind any hazardous conditions on adjacent properties, the fact that currently the air and water are unsafe, and that at present there is no power or gas service in the area.

Additional reporting:  Here is a news article (from the LAT reporting) that presents a good summary of the meeting for those interested, and should be accessible by all -- Debris Town Hall Report.

As more details are released about upcoming processes, we will attempt to make them available to the community.




                                                          Back to the Beginning

CURRENT EVENTS

https://mkpoa.blogspot.com/2025/03/mkpoa-introduction-to-post-fire-view.html




WHAT IS MKPOA

 


Marquez Knolls Property Owners Association

 

     The Marquez Knolls Property Owners Association was founded in the 50’s by the Lachman Family after they bought the hillside property from movie star Jack Conway (alas Jacon Way) to administer and manage the CC&Rs for most of the 23 tracts they developed.  Over 600 homes were built to maximize the spectacular hillside views.  

     The association has grown to include over 1,200 homes, adding adjacent tracts to the initial boundaries, now covering an area from Bienveneda to Palisades Drive, and Sunset to the Mountains (gated communities are excluded).  There is great commonality:  potholes, graffiti, crimes, fire safety, traffic, speeding, blocked roadways, building/construction violations, noise, coyotes, snakes, deer, cougars, lost and found dogs, cats and turtles. 

     MKPOA's mission is to enhance and protect the quality of life in Marquez Knolls.  The organization promotes and encourages the preservation of the beauty and healthful environment by informative, educational, mediational, and other lawful activates for the benefit of its residents.  

     An important role of the CC&Rs has always been the protection of the views.  Today’s MKPOA’s significant focus is still to assist in the preservation of these views.  The organization has written Amicus Briefs, appeared in court on depositions and recently petitioned the Supreme Court to re-hear a case. 

      The association has influence and exchanges information with the Pacific Palisades Community Council, other Home Owner and civic organizations, and our LA City Councilmember.  MKPOA can communicate directly with LAPD, LAFD, DWP or State Parks.   MKPOA is there for personal questions such as street parking regulations, watering schedules, downed trees, and most recently on what to do when a cougar took down a deer on private property.  Over the years it has helped to solve a thousand problems and has answered a thousand-and-one questions.  What is yours?    

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