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none, Exterior remodel, Correspondence• • e o/ ie0ti4 JUL THOMAS F. HEINSHEIMER Mayor GODFREY PERNELL, D.D.S. Mayor Pro Tem FRANK E. HILL Councilmember B. ALLEN LAY Councilmember JODY MURDOCK. Councilmember March 13, 2000 Mr. Kent M. Phillips Western Brass Industries 1309 West Sepulveda Boulevard Torrance, CA 90501 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Dear Mr. Phillips: We received your correspondence that you forwarded to this office dated March 3, 2000, regarding drainage issues involving 9 Portuguese Bend Road and 11 Portuguese Bend Road_ Following your letter, we coordinated a meeting with the affected property owners, the County and the Community Association. You were in attendance at that. meeting. Based upon our inspection and the discussions at the meeting, and as .stated at the conclusion of the meeting, the issues that you have addressed in your correspondence represent a private matter. The property involved in this issue is not City property. There does not appear to be any illegal building or grading activities on the adjoining property that is causing the drainage issue. Finally, the City has specific immunities from liability under these circumstances. We stand ready to assist the Storms with any application process and encourage the correction of the drainage deficiency as the most direct means to rectify this situation. Thank you for your correspondence. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mjs PhillipslStomr.ler cc: City Council Lola Ungar, Planning Director City Attorney Roger Vink, RHCA Peggy Minor, RHCA •:a Printed on Reca,,led R.-per INDUSTRIES INC. March 3, 2000 Mr. Craig R. Nealis Ci fi r ff-m a Oi. cL J CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, California 90274 1309 W. SEPULVEDA BLVD. TORRANCE, CA., 90501 (310) 534.5232 FAX (310) 530.3967 iCEOVE MAR 0 6 2000 CITY OF ROLLING I-FtLLS kY Subject: Illegal and Non -Approved Drainage onto 9 Portuguese Bend Road (Storm Residence) from the Upstream Property Owner 11 Portuguese Bend Road (Gebhard) Dear Mr. Nealis; This correspondence serves to notify the City of Rolling Hills that non -approved drainage devices that have been installed by the upstream property owner (Gebhard) are causing great harm and destruction to real property and structures to the downstream property owner (Storm). During the heavy winter storms of 1998, we contacted the City, who in turn contacted the County regarding this situation that has existed, and continues to exist, even though numerous complaints have been made by the Storm's. A site meeting was held with both a City representative and a County representative, which the City brought in on their behalf, to discuss the drainage impacts and methods by which the drainage was being disbursed to the horse trail easement between the properties. This meeting was held directly following a complaint the drainage that was disbursed was causing great damage to the laundry room area and other areas adjacent to the laundry room on the Storm property. In fact, the drainage impacts were so significant that the laundry room sustained great damage and was legally remodeled, including a new foundation, shortly thereafter. During that meeting, it was agreed that the drainage from the upstream property owner was being disbursed illegally and in violation of drainage ordinances and laws, and that the drainage was not consistent with common approvals. The upstream property owner can not consolidate the drainage on their property, place it in a pipe and disburse that consolidated flow into a non - approved drainage device or area. This is exactly what they are currently and have WESTERN BRASS WORKS + F.C. KINGSTON + WESTERN RAINTROL CORP. + STORM -WESTERN DEVELOPMENT CORP. IPD + REED VALLEY RANCH + PROVEN PUMPS CORP. + WESTERN BRASS DEVELOPMENT CORP. • • Mr. Craig Nealis Page 2 of 2 been doing for many years. The Storm's have suffered financial damages and the continuing nuisance of the illegal drainage. The County representatives indicated that the drainage was not proper and that he would contact the homeowner on behalf of the City and have them solve the problem. We assume that this was done, but have never seen the letter from the County on the City's behalf. No corrective action was ever completed by the upstream property owner and damages are continuing to the Storm property. We are unaware if the City ever did did anything to solve this once they.were Trade aware of the possible impact th:it the illegal rirair agc causing problem .11\.) ma -le aware � �. possible � _n t:� .. th:it •L.._ � was .. v in the winter of 1998. Let's move forward to two weeks ago when the City was again contacted by the Storm's. Again they indicated that the flows from the upstream property owner was causing damage to their property. I spoke to the City on their behalf and expressed our frustration that nothing had ever been done to have the upstream owner correct the problem. I was told that this is not the City's problem and that there is nothing that could be done by the City. Furthermore, I was told to protect our property by getting sandbags and placing them in the horse trail easement to deflect as much of the water as possible. Basically, the City was not going to take any action to have the upstream property owner fix the illegal drainage problem. Over the past two weeks, the weather has been relatively dry, but with a storm forecasted for Sunday, March 5th, we decided a temporary solution should be undertaken. Also, this was consistent with the City's suggestion that we do something to protect our property. Therefore, on March 2nd, we installed a temporary flexible pipe that connected into the two upstream property drainage devices and directed the illegal flows to Portuguese Bend Road. This temporary solution was to hopefully solve the problem until a permanent solution could be reached. Again, consistent with the recommendations of the City representative. Unfortunately, the upstream property owner, within hours after the temporary pipe was installed, removed the pipe, destroying and vandalizing the material and placed it ill front of the Storm's driveway. The property owner completely destroyed the temporary drainage pipe that would have directed the flows away from the Storm's laundry room and other structures that have been sustaining damage over the past years. The upstream property owner returned the drainage to the exact configuration that has caused damage and destruction to the Storm property. The City was again contacted on March 3`1, and was made aware of this continuing and on -going problem. The City had been aware of this illegal drainage situation for two years and has done nothing to solve or force the upstream owner to fix the problem. The Storm's are continuing to suffer the damage caused by this situation and have been patient through this process. They have had to repair and remodel the laundry room and are now suffering expansion of their slab floor in the kitchen area that is adjacent to the laundry room. Damage is continuing to their property and they are continuing to incur damages. The City is again being made aware of an illegal drainage Mr. Craig Nealis Page 3 of 3 situation that is causing damage and destruction to a property owner. At this time, the Storm's are holding the City responsible for the damages that are a direct result of the illegal drainage situation and the City's lack to have the upstream property owner fix the problem. Remember this was brought to the City's attention two years ago. The Storm's demand that the City have the illegal drainage removed and or permanently fixed. Until this time, the City will be held responsible for any damages to the Storm's property and structures. We look forward to hearing from 'you in the near future with your plan of how this problem will e11m + d well as , fra, ,� f when 't.ill occur. T'� .,nks for your immediate FrFu,.Cu, as i...,, u time aic:.`F: %°t .l,•. it �:i i;_viu. : n:.- _ _ " 3 -- -:ante to this problem. Sincergly, Kent M. Phillips Vice President Western Brass Industries Cc: Walter Storm Phillip Kelly, Esq.