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CC MINS 19790206 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 6, 1979 The meeting was called to order by Mayor Ken Dyda at 7:35 P.M. at the Palos Verdes Peninsula Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA ABSENT: NONE Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood, Director of Planning Sharon Hightower, Director of Public Works Dennis Pikus, Director of Parks & Recreation Maynard Law, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Contract with California Conservation Corps, and Resolution re- questing the estimate of City assessed valuation from the County Assessor (Staff) , the amended agenda was approved unanimously on motion of Councilwoman Shaw, seconded by Councilwoman Hein. Councilwoman Shaw moved, seconded by Councilman Ryan to hear Item No. 22 (C.U.P. # 41) at 9:00 P.M. WAIVER OF FULL READING OF ORDINANCES & RESOLUTIONS Councilwoman Shaw moved, seconded by Council- woman Hein, and unanimously carried, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading to be deemed to be given by all members of Council after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR After removal of the minutes of January 8th and January 16th, the Consent Calendar was approved as follows on motion of Council- woman Shaw, seconded by Councilwoman Hein. REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 79-8 OF THE CITY RESOL. NO. 79-8 COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $316,364.79, DEMAND NUMBERS 5827 THROUGH 5906. TRACT NO. 32991 Approved extension of Tract Map No. 32991 REQUEST FOR EXTENSION (Seacliff Hills) to August 2, 1979. OF TRACT MAP (1411) RESOLUTION NO. 79-9 ADOPTED RESOLUTION NO. 79-9 OF THE CITY ESTABLISHING STOP REGULATIONS COUNCIL OF THE CITY OF RANCHO PALOS VERDES (1503) ESTABLISHING STOP REGULATIONS AT CERTAIN INTERSECTIONS WITHIN THE CITY OF RANCHO PALOS VERDES. TRACT NO. 31714 Released Bond No. 2614711 with Safeco RELEASE OF BOND Insurance Company of America in the (1411) amount of $4,247.00. -1- 2/6/79 ORDINANCE NO. 115 ORDINANCE NO. 115 OF THE CITY OF RANCHO REGULATING STOCK COOPERATIVES PALOS VERDES REPEALING ORDINANCE NO. 109U & SIGNS IN THE PUBLIC-RIGHT-OF-WAY AND REGULATING STOCK COOPERATIVE HOUSING, (1801) AND REGULATIONS FOR SIGNS IN THE PUBLIC- RIGHT-OF-WAY WITHIN THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first reading having been given on January 16, 1979. Councilman Ryan moved, seconded by Councilwoman Shaw, that further reading be waived and the ordinance be adopted on the following roll call vote: AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA NOES: NONE ABALONE COVE SLIDE AREA With the use of charts mounted for (1801) public viewing, Community Services Officer Tom Bandy summarized the Staff memorandum of February 2, 1979 which outlined the feasibility of declaring the Abalone Cove Slide area a disaster and the agencies where funding could be sought for repair of public and private property. Mr. Bandy reported that the action taken by the City Council to-date had been to hire two geology firms to provide information; requested and received field assistance from the California Conservation Corps; established a building moratorium in the slide area; requested damage assessment from homeowners; begun research into alternate funding sources, and requested the City Attorney investigate "district" status. He further discussed the advantages and disadvantages of the City declaring a disaster at this time. In talking with the State Office of Emergency Service, Staff was advised that if a local emergency was declared at this time and subsequently declined by the State, any future State emergency declaration would not cover existing damage due to its being given prior notice. Staff recommended: (1) That upon completion of the geology report and assuming a strong argument is made for declaring last winter's storm a major causal factor, that the City request the SBA provide loans for repair of damage to private property as well as State and Federal funding for the repair of Palos Verdes Drive South: (2) That the City request the Environmental Protection Agency and the State Water Resources Control Board to investigate water quality in the slide area due to leaching from septic tanks; and, (3) that Staff begin a preliminary investigation of sewer construction funding through EPA. Mr. Laurence Horan, 38 Narcissa Drive inquired about who was making an inspection of the landslide area. Mayor Dyda responded that the California Conservation Corps and members of Stop Our Slide Committee were inspecting the area. Bob Halderman, 88 Narcissa Drive, showed a map of the gatehouse area on Palos Verdes Drive South which indicated a large crack that he had recently discovered. He inquired if this area was in imminent danger of rapid movement. Director Pikus responded that the particular crack referred to had been in existence for a number of years and it was the opinion of the geologist that rapid movement was unlikely. Mr. Bill Griffen, 5 Ginger Root Lane, expressed his appreciation for the Council's quick response in providing the help of the California Conservation Corps; their work had significantly reduced the amount of water seeping into the road cracks. John Camplin, 6 Clovertree, said he thought that the rains of 1978 had precipitated this slide and questioned if there was any money left from disaster funds made available to California last year. Council directed the Public Works Director to find out if the Geologist could issue his report earlier. Councilman Buerk said that he had met with a Committee of homeowners and landowners and they have contracted with Robert Stone & Associates to advise them of any mitigating measures. Council Meeting -2- 2/6/79 The geologist's answer to this request will be forthcoming in two weeks. Mrs. Muriel Titzler, 3 Ginger Root Lane, representing the Stop Our Slide group, re- ` quested that the City's report from Stone & Associates be completed as quickly as possible. Lisa Doyno, 3 Plumtree Road, requested that the Council take whatever measures were necessary to stop the slide. John Tretheway, 1 Cinnamon Lane, representing the Portuguese Bend Community Association, requested that the City get written conformation from the geologist that the hillside described by Mr. Halderman was not an immediate threat. Mr. Hank Titzler, 3 Ginger Root Lane, cited the fact that residents of Blue Bird Canyon were getting Federal disaster aid, and inquired if the City could get aid to take corrective action in the slide area. City Manager Wood responded that this was not the appropriate time to declare it a disaster area; that the interest rates would be more favorable if we could tie the slide to the February, 1978 rains. In light of the fact that the City would not be losing any ground in delaying declaring Abalone Cove landslide area a disaster until the geologist submitted his report, Councilwoman Shaw moved to adopt the recommendation that upon completion of this report and, assuming a strong argument is made for declaring last winter's storm a major causal factor, that the City request the SBA provide loans for repair of damage to private property as well as State and Federal funding for the repair of Palos Verdes Drive South. The motion was seconded by Councilman Buerk and carried unanimously. RECESS At 9:00 P.M. Mayor Dyda declared a brief recess. At 9:15 P.M. the meeting re- convened with the same members present. C.U.P. #41 Assistant Planner Keith Turner summarized EPISCOPAL RETIREMENT HOME Staff report of February 6, 1979 which (1804) stated that this appeal was based on several project characteristics and the suitability of the site for the proposed use. Planning Commission documents, Staff reports, minutes, letters of appeal and environmental documents were made a part of the Council's agenda package and administrative record. Staff memorandum further stated that all of the issues identified in the letter of appeal were thoroughly discussed and considered during Planning Commission hearings. The only issue that warranted clarification was "significant view impairment." The photo analysis prepared by the appellants which approximated the location of the pro- posed structures failed to represent an adverse aspect of the project. Prior to approval of the project by the Planning Commission, the applicant revised the structure to reduce view blockage. The revision involved removal of the third floor of one of the structures over the northerly 100 feet and would result in a reduction of 11 feet. Even without this revision, it was Staff's opinion that no significant view impact was evident. Staff recommended that the Council affirm the decision of the Commission and dismiss the appeal. Speaking in favor of this project were the following residents of the City, and other interested citizens: Mrs. D.K. Skinner, 6507 Ocean Crest; Bruce Hutchinson, 6766 Los Verdes Drive; Anthony Bishop, 32614 Coastsite Drive; Phillip P. Rogers, 28107 South Ridgepoint Court, representing the Mira Verde Homeowners Association; Cynthia D. Wilder, 29075 Maple Park Drive; Murray Hutchinson, 5115 Coveview Drive; Mrs. R.M. Cusato, 5687 Sunmist Drive; Merrill Barnes, 4967 Browndeer Lane; Mr. Carl A. Packarzina, 7 Oak Tree Lane, Rolling Hills Estates; Mrs. Defries, 1428 S. Marengo, Alhambra; Mrs. Charlotte Allan, 1428 S. Marengo, Alhambra; Rev. G.W. Cummings, 1410 Blackstone Road, San Marino; Mr. Bert Rousch, 1428 S. Marengo, Alhambra; and Michael M. Murphy, attorney for the Episcopal Home for the Aged. Council Meeting -3- 2/6/79 Speaking opposition was Mrs. Patricia Arand, 5731 Mistridge Drive, representing the Mesa Palos Verdes Homeowners Association. She presented a letter stating their oppo- sition to the project. Mr. John Arand, 5731 Mistridge Drive, said that his home was built directly above the proposed project and requested that the number of units and residents be reduced. He also cited his loss of view. Richard G. Sheffer, 31 Aspen Way, Rolling Hills Estates, said he felt the project should be subject to the same type of restrictions as any other project. Mr. Joseph Ragozino, 5725 Mistridge Drive, said his home overlooks the site of the pro- posed project. He felt there existed violations of the General Plan in building this project as proposed. Mrs. Georgia Works, 5717 Mistridge Drive, also spoke in opposition to the project. Representing the Planning Commission was Chairman Melvin W. Hughes, who said that under provisions of the General Plan this project could allow 250 people. The Commission considered all of the public input and felt that it was viable for the community. Its location was well suited, and that it was within the height limits of the Development Code. After looking at all the issues, the Commission felt that the project met the needs of the community and with the proper controls it would not be a burden. The conditions of C.U.P. required that this facility be operated as a home care facility and that it be licensed by the State. Should any violation occur, the City could with- draw the conditional use permit. It was the consensus of the Planning Commission that any view impairment that took place would be insignificant. Mr. Hughes further stated that testimony at the Planning Commission indicated that view obstruction was the main concern of the appellants and not the size of the buildings. The City Clerk has on file for public inspection letters received in favor of and in opposition to this project. Mr. Claude Senefeld, architect for this job, described the elevation of the buildings. Looking from the street, the first building appeared to be 1-1/2 stories. Only one- half of the garages would be visible from the street and there was a 20 foot setback for landscaping around the facility. City Attorney Coughlan said that this project met the criteria of institutional buildings as intended in the General Plan and the Development Code. That a retirement home would be allowed in any zone, in the City, not only in an institutional zone. Councilwoman Shaw moved that the findings of the Planning Commission did not warrant further hearings and therefore the City Council should affirm the decision of the Commission and dismiss the appeal. The motion was seconded by Councilman Ryan. Council then discussed if this was in violation of the height ordinance as it presently existed: the possibility of another location for some of the buildings and modification of their height. The suggestion was made that instead of dismissing the appeal that a public hearing be set to further discuss the appeal. Councilwoman Shaw's motion carried on the following roll call vote: AYES: RYAN, SHAW AND MAYOR DYDA NOES: BUERK AND HEIN RECESS At 10:50 P.M. Mayor Dyda declared a brief recess. At 11:00 P.M. the meeting reconvened with the same members present. Councilwoman Hein moved, seconded by Councilwoman Shaw, and unanimously carried to move • consideration of Item No. 21 (Financing of Street Lighting) to be the next item of consideration by the Council. 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Jo Trnsa1 E SE Tem. pauTETdxa (SOT) gozgM 6L6T 'T£ Aaunuur go tunpuEIOVaava ONIONVNId 3Ju:s a141 pazTaumuns sn TTd 1O1aatTG ZOI2IZSIG ONIZHOI1 J2 Iss ABALONE COVE BEACH PARKING LOT Parks & Recreation Director Maynard Law (1201 x 109) presented the Staff memorandum of January 31, 1979 which summarized the Council's request that the Staff and the Los Angeles County Department of Beaches investigate the possibility of additional parking within the Abalone Cove Beach area. As a result of meetings with the Department of Beaches, it was proposed to build a parking lot to facilitate 125 cars. This project was approved by the South Coast Regional Commission. Staff recommended that they be authorized to solicit informal bids in writing for the construction of the Abalone Cove Beach Parking lot addition; that the City and County Staffs draft an agreement for the purposes of identifying the means the County would repay the City for the costs incurred; and, that the City Staff be authorized to seek written approval of the project from the Homeowners' Association. Councilwoman Shaw moved, seconded by Councilman Buerk, to adopt the Staff rec- ommendations. Dr. Melvyn Lewin, 30 Narcissa Drive, urged the Council to vote against this parking lot because of its proximity to the landslide area. Due to the lateness of the hour, Councilman Buerk moved, seconded by Councilwoman Hein to continue the meeting to Wednesday at 7:30 P.M. The motion failed on the following roll call vote: AYES: BUERK NOES: RYAN, SHAW AND MAYOR DYDA ABSTAIN: HEIN Councilwoman Shaw' motion carried on the following roll call vote: AYES: RYAN, HEIN, SHAW, HEIN AND MAYOR DYDA NOES: NONE ANTENNA ORDINANCE - Councilman Ryan moved, seconded by Council- DISCUSSION OF LEGAL ISSUES woman Hein and unanimously carried to table (1801) this matter until the March 6, 1979 meeting. PUBLIC HEARINGS: PALOS VERDES DRIVE EAST Mayor Dyda declared the public hearing open. UNDERGROUND DISTRICT NO. 1 (901) Councilman Buerk moved, seconded by Councilwoman Hein and unanimously carried to continue the public hearing until March 6, 1979. HAWTHORNE BOULEVARD UNDERGROUND Mayor Dyda declared the public hearing DISTRICT NO. 2 open. (901) Councilwoman Shaw moved, seconded by Councilwoman Hein and unanimously carried to continue the public hearing until March 6, 1979. REQUEST FOR SUPPORT - Councilman Buerk moved, seconded by Council- LOS ANGELES MEMORIAL COLISEUM woman Shaw to receive and file the request (310) from Los Angeles Memorial Coliseum in its request for support in seeking a new pro- fessional football franchise. The motion carried unanimously. Council Meeting -6- 2/6/79 SOUTH BAY JUVENILE DIVERSION Councilwoman Shaw moved, seconded by Councilman Ryan to table this matter until the February 20, 1979 meeting. The motion carried unanimously. REPORT ON LEAGUE OF CALIFORNIA CITIES & CONTRACT CITIES Councilwoman Hein moved, seconded by Councilman Ryan, and unanimously carried to continue this matter until the February 20, 1979 meeting. AUDIENCE QUESTIONS: GRADING APPLICATION NO. 340 Mrs. Hawke requested re-evaluation of the APPLICANT: MRS. CHARLOTTE HAWKE Council's January 16, 1979 denial of her (1804) grading application based on the fact that Council did not visit the property, and that plans were not reviewed by them. Addi- tionally, the wall could not be cut, but would have to be taken down entirely at an estimated cost of five or six thousand dollars. Mayor Dyda explained that since a motion to reconsider this matter was out of order, the process would be a motion to suspend the rules. Such a motion would require a majority vote. Councilman Ryan so moved, seconded by Councilwoman Shaw. The motion failed on the following roll call vote: AYES: RYAN AND SHAW NOES: BUERK, HEIN AND MAYOR DYDA GRADING IN MORATORIUM AREA Director Hightower stated that the appli- LOCATION: 1 PEPPERTREE cants had agreed to submit a geologic APPLICANTS: MR. & MRS. JAMES BAIN report within 30 days. (1801) Councilman Ryan moved, seconded by Councilwoman Hein, and unanimously carried to adopt the Staff recommendation. REQUEST FOR INITIATION Councilman Ryan moved, seconded by Council- OF GENERAL PLAN AMENDMENTS woman Hein to continue this matter to (701) March 6, 1979. HIGHRIDGE ROAD AND Director Pikus summarized the Staff report MEDIAN CONSTRUCTION of February 1, 1979 which gave the back- (1404) ground on Council's request that Staff prepare plans and specifications for construction of this portion of Highridge Road and the median. Also included in the report were the engineer's estimates for the various items included in the project. Staff recommended that Council approve the plans and specifications and authorized them to advertise for bids. It was also recommended that Council authorize the Mayor to sign the agreement with the City of Rolling Hills Estates as modified. Councilman Buerk moved, seconded by Councilman Ryan and unanimously carried to approve Staff's recommendation, subject to approval by the Contract Subcommittee. AGREEMENT WITH CALIFORNIA It was the consensus of Council to authorize CONSERVATION CORPS, the Mayor to sign the contract with the (1801) California Conservation Corps for work done in the Abalone Cove Slide area. Council Meeting -7- 2/6/79 RESOLUTION NO. 79-14 RESOLUTION NO. 79-14 OF THE CITY COUNCIL REQUESTING ESTIMATE OF OF THE CITY OF RANCHO PALOS VERDES REQUESTING CITY ASSESSED VALUATION THE ESTIMATE OF CITY ASSESSED VALUATION (1501) FROM THE COUNTY ASSESSOR was read by title and ADOPTED on motion of Councilman Buerk, seconded by Councilman Ryan and carried unanimously. MINUTES OF JANUARY 16, 1979 Councilwoman Hein requested that on page 4 - second paragraph, second line of Grading Application No. 340, that the work "screened" be substituted in place of the word "covered." Councilwoman Shaw moved, seconded by Councilwoman Hein, and unanimously carried to adopt the Minutes of January 16, 1979. MINUTES OF JANUARY 8, 1979 After clarification of Councilwoman Shaw's motion dealing with Category 1, the minutes were approved on motion of Councilman Ryan, seconded by Councilwoman Shaw and unanimously carried. ANNEXATION Mayor Dyda reported that LAFCO was planning (105) to hold a hearing on February 28 and would be discussing both the petition by the City of Los Angeles to annex the area east of Western of the residents to annex to this City. He requested that Council discuss alternatives and establish a position for presentation to LAFCO. It was the Mayor's understanding that Supervisor James Hayes would attempt a continuance of this matter so the Council would have an opportunity to review the LAFCO Staff report. It was the consensus of Council that the City should be represented at this meeting and have a response prepared. Pat Hanlon, 3139 Dianora Drive, representing the Rancho Palos Verdes Council of Home- owners' Associations, stated that from a physical standpoint the relationship of Western Avenue to Rancho Palos Verdes was not viable because of access, and that the residents of Rancho Palos Verdes should be allowed to voice their opinion on this matter. Larry Johnson, 1830 Avenida Feliciano, representing the Rolling Hills Riveria Homes Association, requested the unanimous resolution of the Council in support of the annexation of the entire Western Avenue area. Mr. Jay D. Hodge, 28602 Friarstone Court, representing the Strathmore Towne Homes Association, told the Council that ninety-five percent of the residents of his area supported annexing to the City. Mr. David Roche, 1884 Peninsula Verde Drive, Lomita, representing the San Pedro & Peninsula Homeowners Annexation Committees, told the Council that under the rules of MORGA they were being forced to annex to another territory, but that the residents were more in favor of annexing to Rancho Palos Verdes than to Los Angeles. Councilman Ryan moved to send a resolution to LAFCO opposing any split of the Western Avenue area. Councilman Buerk moved to substitute the motion and request that LAFCO deny any annexation to the City. The motion died for lack of a second. Councilman Ryan's motion carried unanimously. Council directed Staff to prepare this resolution for the next Regular Council meeting. Mayor Dyda requested that Staff draft a letter for his signature to be sent to LAFCO informing them of the Council's forthcoming resolution. Council Meeting -8- 2/6/79 Councilman Buerk moved, seconded by Councilwoman Hein, that a resolution be prepared stating that the City was opposed to any annexation on its eastern border. After Council discussion of holding a public hearing to get the opinion of the residents, and waiting until Council had the opportunity to study the LAFCO report, Councilman Buerk withdrew his motion. Councilman Ryan moved that the Council accept the feasibility report dated as sub- mitted by the Annexation subcommittee. The motion was seconded by Councilwoman Shaw but the motion failed on the following roll call vote: AYES: RYAN AND SHAW NOES: BUERK, HEIN AND MAYOR DYDA ADJOURNMENT: At 1:40 A.M. Councilman Ryan moved, seconded by Councilman Buerk to adjourn the meeting. MAYOR ATTEST: LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL IP 9 /' ►' PUTY Council Meeting -9- 2/6/79