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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. -3- 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. -4- 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 -5- City Clerk