6/26/1985MINUTES OF AN
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
June 26, 1985.
An adjourned meeting of the City Council of the City of
Rolling Hills was called to order at the Amdinistration Building,
2 Portuguese Bend Road, Rolling Hills, California by Mayor
Heinsheimer at 7:30 a.m., Wednesday, June 26, 1985.
ROLL CALL
PRESENT:
(0 - ABSENT: -
LO ALSO PRESENT:
0)
LL
Councilmembers Leeuwenburgh,' Murdock, Pernell,
.Swanson and Mayor Heinsheimer
k -'r* =4 --
Thomas A. Devereux
Harry Kondo
Michael Jenkins
Ginger Blake
Anne La Jeunesse
Douglas McHattie
Milan D. Smith Jr.
11r. & Mrs. Derwyn Severy
Mr. Tom Wachtell
Mr. Mike Burke
Mr. Dan Burke
Mrs. Virginia Doak
Mr. & Mrs. Herb Agid
Mrs. Betsy Raine
Mrs. Joan Saffo
Mr. & Mrs. Joseph Hummel
Mr. & Mrs. Allan Roberts
Mr. & Mrs. James Hynes
Mrs. Marge Mottola
Mrs. Sandra Wiener
Mrs. Judith Mishkin
Mr. William Smith
Mr. Chester Jenkins
Acting City Manager
County Engineer
City Attorney
Secretary
Palos Verdes Peninsula
News
South Bay Engineering
Attorney
Residents
EMERGENCY ACCESS DRIVEWAY ON A COMMUNITY ASSOCIATION EASEMENT 1435
Mayor Heinsheimer requested that staff bring everyone up to
speed as to why Council is here, what the issues are before them,
and what the situation is.
City Attorney Michael Jenkins stated that the Community Association
has granted permission to three residents (Agid, Doak & Nixon) for the
construction of an emergency access driveway leading to their homes from
Crest Road. The construction of this emergency access driveway does
not comply with sections of the grading ordinance of the City because
the slope of the proposed driveway exceeds the maximum driveway slope.
and the maximum cut and fill slope requirements contained in Title 15
of the grading ordinance.
, The question before the Council is whether a variance should be
granted from those requirements to allow construction of this road
on the Association easement in order to provide access to these
particular homes, in light of the Fire Department having informed these
3 residents that it may not be able to provide any fire or emergency
service to these homes because of lack of access, due to the damage
to their driveways from the landslide on Portuzuese Bend Road. The
ordinance sections involved are those that require no greater than
2:1 cut and fill for any grading in the City, and the cutting in
the proposed driveway would require about 1.5:1 cut and also
ordinance requirements that the first 20 feet of any driveway from
the pavement of the road not exceed the 7% slope, and it is staff's
understanding that the first 20 feet of the driveway would exceed that.
Attorney Jenkins stated that in emergency situations, two things
in particular would come into play. One, that Council would be able
to dispense with ordinary notice requirements, and an alternative notice
would be acceptable, and two, the existence of an emergency would
enable Council to declare an exemption from the environmental teview
process, which ordinarily would preceed and be involved with any
discretionary approval, such as the approval of this particular
variance, by the Council. In the absence of an emergency, it would
be necessary to go through some type of environmental review process.
In Mr. Jenkin's judgment, in order for there to be an emergency to
circumvent this process, the City should have some type of statement
or declaration from the Fire Department stating that an emergency will
occur unless some type of action, such as the construction of this
access, is undertaken at the earliest possible time. Councilman
Pernell asked if the City had received such a statement, and Mr. Jenkins
replied "no". Mayor Heinsheimer asked if the June 14, 1985 letter
written to the three residents by the Fire Department would constitute
written notice, and Mr. Jenkins said "no".
Mr. McHattie, South Bay Engineering, explained the matter 1539
constituted a straight road located in a 25 foot Community Association
easement, with a maximum 30% grade requiring three separate retaining
walls with a maximum height of 5 feet, with drainage carried on the
roadway to the canyon which would affect the present surface flow.
The cut would be 1.5:1.
Mr. Harry Kondo, County Engineer, stated that the County cannot
issue a permit until the regulations are waived by the City or changed
to meet City and County building codes. He also addressed the issues
of grading, drainage and geological impact. If the Council were to
approve the waiver, the County would still have to approve work
submitted by the applicant. Once the work has been submitted, it will
take the County approximately 2-4 weeks to process the material.
Council questioned if all information could be submitted to the County
so they could study the technical aspects even though a decision has
not been made on the variance. Mr. Kondo stated that it could be done,
and that items needed to be submitted would be the plans, drainage report
for the area and geology study.
Councilman Pernell stated that the plan, as submitted, is insufficient
and incomplete, and he cannot make a judgment on the matter. He also
feels that a statement must be received from safety personnel and
statements and testimony at an open hearing from residents.
Councilwoman Murdock felt this issue needs to be clarified 1711
as to how it has come about. The plan is titled "Limited Vehicular
Access due to existing access becoming impassable". She did not
believe that the applicant represented it to be an emergency access.
Mayor Heinsheimer stated that the
it was an emergency was because of the
the Fire Department.
reason Council and staff felt
letter sent to the residents by
It was moved by Councilwoman Murdock and seconded by Councilwoman
Leeuwenburgh that the question to consider a waiver of grading and
slope requirements for an emergency access driveway on a Community
Association easement be referred to the Planning Commission. The -
Mayor opened up the Public Hearing for testimony.
Mr. Herb Agid, 60 Portuguese Bend Road South, stated that 1789
he, Nixon and Doak has received a letter from the. Fire Department
stating that their impaired access may prevent their ability to
provide fire fighting and rescue services. Mr. Agid stated that
the road is necessary for emergency reasons, and.it would also act
as a fire break. In the event of a major fire, it could also provide.
access for the Fire Department to other areas. He appealed for
Council to consider the welfare of their constituents and prevent a
possible catastrophe.
Council requested that the June 14, 1985 letter from the 1907
Los Angeles County Fire Department be read into the record. It
was addressed to Agid, Doak and Nixon.
"Due to the existing condition'of the access to your property,
this Department's ability to provide fire fighting and rescue services
may be substantially impaired.
Inasmuch as the access serving your property is a private roadway,
the responsibility for repairing and maintaining it is a private one.
This Department encourages you to see that your access is brought up
to an acceptable condition which would permit the safe and ready access
of emergency equipment, we cannot .be confident of providing the prompt
and effective emergency service you may desire. Very truly yours,
John W. Englund, Los Angeles County Fire Department, by Ray Brunstrom,
Assistant Fire Chief Operation Bureau, Division 1".
Mr. Tom Wachtell, 35 Crest Road East, stated that the proposed 1934
road is between the Severy property and his, and the road would be
built on the Severy easement. He is concerned because it would be
on his side of the hill that would be carved. He feels that this is
an invitation to a;disaster to solve one problem, you are possibly
creating another one. He indicated that Mr. McHattie came to see him
and stated that the residents were looking for some type of emergency
access. He offered at the time, and again today, an emergency access
that could be used that is currently on hisproperty and not on an
easement. The driveway of his home runs down to his household, a
farm road, and a further extension of that road goes down to the corral
at the bottom of the -property line (the same elevation more or less
as the Nixon property). The only thing that would need to be done is
to complete the blade road that has been cut, and build a rustic looking
bridge across the canyon which would cost less than the proposed road
and take less time. He stated that the conditions for use would have
to be for emergencies only. The potential danger and liability could
be enormous if the hill were cut. Councilwoman Leeuwenburgh thanked
him for his offer.
Mr. Milan D. Smith Jr., Attorney for Severy, Burke, Pruyn, Hynes, 2019
Watchtell, and Fisher addressed the Council on the procedural issues
as requested. He felt the issues may be technical, but important.
1) This is not an emergency as contemplated by Council and the
ordinances of the City or CEQA.
2) Some very serious geological questions are raised here.
3) He reviewed the ordinances of the City and stated that he spoke
with the City Attorney about the 3 sections of the Municipal Code
(Title 15) on maximum slope, maximum cut and fill slope, and driveway
requirements, which are violated by this project, and why the variance
is required. In addition, he emphasized Title 15, Section 40.020 that
requires an additional geological investigation under the terms of the
City's ordinance.
4) This meeting was convened without notice, in violation of.
Title 17 of the Municipal Code.
5) Title 17, Section 32.030 of'the Municipal Code requires that
before a variance can be granted, one of the findings that the Council
must make is that the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is located.
6) As stated by Mr. Wachtell, there is great concern that the
blading of this area will,in fact,create rather than abate, damage
to property.
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7) Section 21080.03 of the Government Code requires, in connection
with granting of any variance to a zoning code, that an EIR must be
prepared unless certain specific exceptions apply. In this case,
reference is made to Subsection 4, which says this division shall not
apply to the following specific actions necessary to prevent or mitigate
an emergency.
8) The Council cannot approve a variance in advance, without
geological data, drainage data, and until all the EIR problems have
been mitigated to their satisfaction.
Mr. Dan Burke, 33 Crest Road East, questioned if the Fire Depart -2
ment has been advised of the proposed plan. He expressed concern if
a fire truck could get up the 30% grade once it went down it.
Mrs. Virginia Doak, 56 Portuguese Bend South, stated that they 2176
hired the services of South Bay Engineering, and they said that this
is a feasible plan, and that they are handling all the technical aspects
of this situation. Councilwoman Murdock stated that Mr. McHattie was
advised over one month ago at a Community Association Board Meeting
that a variance would be required. No application for a variance has
been made.
Mrs. Lucy Agid, 60 Portuguese Bend Road, stressed the necessity 2252
for this road.
Mrs. Ann Roberts, 7 Southfield, stated that she is concerned 2289
about the waterflow and drainage, and feels that this item must
go through the official channels as described in the Code.
Councilman Pernell suggested that Council instruct staff to 2300
expedite as best they can this item through the usual channels, so
the administrative process would not be one that would hold up this
process He suggested -that the applicant and the engineer consult
with staff (legal, technical and administrative). Mr. Kondo said
that his offices would be willing to give this priority handling.
City Attorney Jenkins suggested that:(1) The applicant should be.
directed to submit whatever material or documentation that would
ordinarily be required.to:, be submitted to the Building Department,
including the drainage and geological study which have not been
submitted and appear to be necessary;(2) Staff should contact the
Planning Department,..Mr. Richard Anderson, to get together with the
Planning Commission and the Environmental Quality Board for the initial
study to determine if the CEQA requirements can be satisfied; and
(3) The Fire, Police and Paramedics should be consulted in gaining their
advice as to if an emergency situation arises, if they would be able
to handle it. The Mayor indicated that if all these items could be
handled in a paralled fashion, rather than individually, it could
help expedite the matter. Council also requested that staff create
a technical file, so all information presented can be available to
residents. The Mayor stated that the procedure to be followed for
this matter will be that it be referred to the Planning Commission.
All material will be submitted by the applicant, reviewed by the
County and the Environmental Quality Review Board at public hearings.
Attorney Jenkins indicated that the Environmental Quality Board
would determine if an environmental impact report would be necessary,
and it would be subject to an environmental check list, and it could
be in the form of a negative declaration as ordered by the Planning
Commission and written by the Planning Advisor, or it could be a
focused EIR.
2384
Councilwoman Swanson stated that she wants to be sure that the
Council is doing everything right to protect the integrity of the
land and the geology of the area which is fragile. Council needs to
find out fast what can and cannot be done, so the applicants can go
out and find an alternative way to solve their problems. She requested
that the Planning Commission and the Environmental Quality Board have
all the information that can be preceived in front of them so that
they don't have to ask the applicant to go out at that point and do
additional work.
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Mayor Heinsheimer stated that the completed reports with 1 9 1
Planning Commission and Environmental Review Board recommendations
will be returned to the Council for their ultimate decision.
Mr. Smith stated that the applicant should prepare an EIR, to 2424
consider all the mitigating needs and ways to solve the situation
and also noted that his clients will take every action necessary
to see that the applicants get one.
The motion made by Councilwoman Murdock and seconded by Councilwoman
Leeuwenburgh that this matter be referred to the Planning Commission
was restated. The motion passed unanimously.
RECESS
The meeting was recessed at 9:35 a.m. and reconvened at 9:45 a.m.
Councilman Pernell left the meeting at this time.
OTHER MATTERS TO COME BEFORE THE CITY COUNCIL 2459
LO CONTRACT FOR THOMAS A. DEVEREUX
LL Council reviewed the contract for Acting City Manager Thomas A.
CO Devereux. It was moved that the contract be accepted as presented
by Councilwoman Murdock, and seconded by Councilwoman Leeuwenburgh
and carried unanimously.
ADJOURNMENT, 2466
The meeting was adjourned at 9:50 a.m. .to Monday, July 8, 1985
by Mayor Heinsheimer.
APPROVED:
Mayor
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City Clerk