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CC MINS 19921020M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1992 The meeting was called to order at 6:00 P.M. by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows. PRESENT: BROOKS, RYAN, KUYKENDALL AND MAYOR McTAGGART ABSENT: BACHARACH Also present were City Manager Paul Bussey, Assistant City Manager Mark Rohloff, Environmental Services Director Dudley Onderdonk, Public Works Director Trent Pulliam, City Attorney Carol Lynch, Assistant to the City Manager Pamela Antil, Finance Director Brent Mattingly and City Clerk Jo Purcell. CEREMONIAL EVENTS: (304) Mayor McTaggart read a ceremonial proclamation in memory of former Rolling Hills Estates City Councilman Jerome Belsky in recognition and appreciation of his service and contributions to the Peninsula. Mayor McTaggart presented a ceremonial tile to departing Assistant City Manager Mark Rohloff, who was leaving to become City Manager of Berlin, Wis. The City Attorney announced that a closed session had been held and that the City Council discussed the J.M. Peters Project, R.U.L.E and Stuart vs. City of Rancho Palos Verdes. APPROVAL OF AGENDA The following items were tabled on motion of Mayor McTaggart, seconded by Councilman Ryan and carried: Access to undeveloped trails and private property: restriction of on- street public parking; preservation of Shoreline Park; Planning Commission minutes; and, notification of Planning Commission items forwarded to the City Council. The agenda was then adopted as amended on motion of Councilman Kuykendall, seconded by Councilman Ryan. Motion carried. CONSENT CALENDAR Two items were removed from the Consent Calendar to be discussed later in the meeting: Montemalaga Dr. at Basswood Ave. no right turn and, reorganization of the Public Works Department. The remainder of the Consent Calendar was then approved as follows on motion of Councilman Kuykenda 11, seconded by Councilwoman Brooks. Adopted a motion to waive full reading of all ordinances and resolutions adopted at the meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. MINUTES Approved the minutes of August 4, September 1, September 15, September 29, and October 6, 19920 CLAIM AGAINST THE CITY BY RUBEN GARDEA (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY WILLIAM HYLLER (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY MOLLY ASTOR (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. TRAFFIC COMMITTEE & LONG RANGE FINANCE COMMITTEE -- FINAL APPOINTMENTS (602 X 1502) Confirmed the September 29th appointment of Gordon Whitney to the Traffic Committee and Shelly Trainor to the Long Range Finance Committee. RESOLUTION NO. 92 -101 -.REGISTER OF DEMANDS Adopted RESOLUTION NO. 92 -101 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, AND MAYOR McTAGGART NOES: NONE ABSENT: BACHARACH RECYCLE DRAWING: Three cards were drawn from the recycle bin. The Mayor stated that the winners would be announced next month. PUBLIC HEARINGS: TRACT NO. 40640 - LUNADA POINTE. AMENDMENT NO. 2 AND COASTAL PERMIT APPEAL NO. 1 REVISION (701 X 1411) Mayor McTaggart opened the public hearing on this request for an amendment to revise conditions of approval requiring public access to the coastal bluff areas adjacent to the development. The City Clerk reported that notice of the public hearing had been duly published. No written protests had been received by the City. Director of Environmental Services Onderdonk presented the staff memorandum of October 20th and the recommendation to uphold the Planning Commission's approval of Coastal Permit No. 1 Revision and recommendation for approval of Tract 40640 - Amendment No. 2 regarding the closure of the access gate to trails located at the terminus of Marguerite Drive. Speaking on behalf of the appellant SOC 2000 was John Sharkey, 30320 Avenida de Calma, who submitted material for the record which he referenced throughout his testimony. This testimony contained background information on the development of Lunada Pointe which was approved by the City Council in 1982. Regarding the issue of Coastal Access and crime, the appellant stated that the Lunada Pointe Development had less crime than any other areas within the City. He cited a Sheriff ' s report ( Exhibit 7 of the written testimony) which listed four major CITY COUNCIL 2 OCTOBER 20, 1992 incidents that had occurred along the coastal zone over a one year period. Regarding the gate at the end of Marguerite Dr. which provides access to the bluffs, Mr. Sharkey stated that the bush completely obstructed the gate from view. He went on to cite the requests from Save Our Coastline 2000 for maintaining access to Lot #27 across the bluffs, removal of the tree or bush from 95 Marguerite Dr., requiring the posting of signs outside and inside the development pointing to the coastal access, reordering the cul -de -sac at the end of the drive to cut across 60 feet of City right -of -way to provide diagonal parking spaces accessing the bluffs, requiring the homeowners association to remove foliage within and throughout the Lunada Pointe Development to restore lost views, removal of the concrete brick fence supports from the bluff face, and, prohibit the residents along Marguerite Dr. from watering within the coastal set -back zone. (Mr. Sharkey' s written testimony is on file with the City Clerk's office.) Also speaking against this amendment to the tract was Lois Larue, 3136 Barkentine Rd., who spoke against the closure of Marguerite Dr. Speaking in favor of the Planning Commission' s approval of the amendment were the following: Richard Collins, 63 Marguerite Dr., who stated he was representing the Lunada Pointe Homeowners Assoc.; Vicki Schoenfeld, 93 Laurel Dr.; and, speaking as a Planning Commissioner was Nick Mowlds, 6832 Verde Ridge Rd. Mr. Collins referred to his October 15, 1992 written statement which addressed such issues as the public trail easement through lot 27; the fact that lot 27 is owned by the Association and is a part of the common area; that the pedestrian gate at the end of Marguerite Dr. which provides pedestrian access to lot 27 is private property owned by the Association; the exposure to liability for the association and the City resulting from public use of lot 27. (Mr. Collins' letter is on file with the City Clerk's office.) Other comments focused on the incidents relating to graffiti, dumping of trash dumping and fires being set by trespassers. Planning Commissioner Mowlds stated that the Planning Commission's approval was based solely upon safety concerns. Councilwoman Brooks moved, seconded by Councilman Kuykendall to close the public hearing. Motion carried. Councilwoman Brooks moved, seconded by Councilman Kuykendall to approve the staff's recommendation that the Planning Commission's approval be upheld for reasons of safety, health and the general welfare of the City. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, AND MAYOR McTAGGART NOES: NONE ABSENT: BACHARACH Related to the issue of safety along the Coastal Bluffs, Council inquired if, because the City had been required by the Coastal Commission to provide public access, the City would have any defense in the case of an accident, or if the City is forced to defend what has been required of it by the State. City Attorney Lynch opined that the City would have to defend its own position but perhaps the City could cross- complain against the Coastal Commission for indemnity; that both the City and the Coastal Commission as government entities are protected from liability for injuries on property unless there is a "dangerous" condition. In this type of issue however it would be difficult for somebody to prove that considering that the land is unimproved. This she felt, however, would not preclude a liability claim against the City, in which case the City would have to defend itself against. A brief discussion then followed relative to the graffiti on rocks in the appeal CITY COUNCIL 3 OCTOBER 20, 1992 f2ydJUZ-121P REGULATING GASOLINE SERVICE STATION CONVERSIONS (1801)x(701) Mayor McTaggart opened the public hearing on this proposed ordinance regulating gasoline service station conversions. The City Clerk reported that notice of the public hearing has been duly published and that no written protests had been received. Director of Environmental Services Onderdonk presented the staff memorandum of October 20th and the recommendation from the Planning Commission: (1) not to adopt the proposed service station conversion ordinance at this time; (2) initiate a General Plan Amendment /Zone change to make all existing service stations in the City legal uses in conformance with the General Plan and Zoning; and, (3) initiate a Development Code revision that would allow service stations to exist in all commercial zones without the need for a conditional use permit. Representing the Western States Petroleum Assoc. was Jeff Wilson, 2600 Alma Ave,,, Manhattan Beach, who stated that just as declining demand and rising costs have made certain businesses close, he said that the same applies to gas station closures. He stated that the market demand would determine whether certain stations should stay opened or be closed; that the consumer does not suffer from a lack of competition; that older stations are inefficient; and, that this was unnecessary legislation. Council discussion then centered on the fact that the Peninsula has experienced a diminution in the number of gas stations; that it was unfair that stations were being closed simply because they didn't sell enough gas to meet certain quotas; that people on the Peninsula don't have access to gasoline stations and that the closest stations were now at Pacific Coast Highway; that the stations sold not only gas but provided other services; the fact that some community service should be rendered by the gas companies; whether it was proper for the City to interfere in this private sector issue; and, the fact that the City is supposed to provide a mix of uses to its citizens. Steve Saporito, 28004 Ridgebluff, owner of the Unocal station at Highridge and Crest, told the Council that his station was closed in March of this year and that he had operated at that location for eight years. He said he has seen a great decrease in the number of businesses on the Peninsula; that his station was one of eight stations closed in the City; that he has found it difficult to get permits to open an automotive center service business because of the required zoning. He requested that the City Council make it easier to open a business. Charlie Webster, 449 Silver Spur Rd., owner of the Silver Spur 76 Station, stated his appreciation for the Council's concern for this matter; that this proposed ordinance would be helpful; that there has been a seventy -five percent decline in the number of service stations on the Peninsula; and, that he felt they were a public service industry. Jim Juneau, 26303 Barkstone Dr., owner of the service station on Crest Road, stated that the City needs to have these businesses; that making gas stations a conforming use was a step in the right direction; that all of the gas stations on the Peninsula are small businesses; that they believe in the free enterprise system; and, that they are trying to make a profit. He stated that Unocal has not been able to show that his location is not profitable, that the company is looking at the rate of return on its assets. Councilman Ryan moved, seconded by Councilwoman Brooks to close the public hearing. Motion carried. Council discussion centered on the fact that most gas station locations are unique because of their corner locations which may not lend themselves well to CITY COUNCIL 4 OCTOBER 20, 1992 other land uses; and, that they should be zoned as automotive service business areas, Councilman Ryan moved, seconded by Councilwoman Brooks to approve the staff recommendation and direct the City Attorney to identify a zoning classification for service station locations which would allow automotive service areas. Motion carried unanimously. ITEM REMOVED FROM CONSENT CALENDAR: MONTEMALAGA DRIVE TO BASSWOOD AVE. NO RIGHT TURN - (1503 X 1401) Director of Public Works Pulliam presented the staff memorandum of October 20 and the recommendation to direct staff to remove the right turn lane from Montemalaga Dr. to Basswood Ave. and restrict traffic on Basswood Ave by posting a "No Right turn 6 :30 a.m. to 9:30 a.m." sign at the intersection; also, direct staff to monitor neighborhood complaints and accident reports and present the results of the monitoring to the City Council at the first meeting in August 19930 Speaking in favor of the staff recommendation was Eleanor Curry, 26732 Basswood, who said she was speaking on behalf of forty -three residents of Basswood who suffer from the impact of speed and the intensity of the traffic on that street. She cited safety concerns particularly for those people with young children and stated that Basswood was a local street, the main purpose of which was to provide access to homes on that street. She requested that the City enforce the residential compatibility rules for the use of the street by placing a no -right turn on Basswood for a trial period. . . . . this . . . . . Speaking in opposition to this right -turn prohibition were the following: Linda Reinhardt, representing the P.V. Council of PTA's, 27551 Elmbridge Dr.; Betsy Treynor, representing Palos Verdes High School P.T.S.A., 504 Via Almar, P.V.E.; Carol Joseph, 27128 Freeport Rd.; and, Carol Hannemann, 1420 Via Davalos. These speakers cited the fact that the major part of this traffic occurs for only thirty to thirty -five minutes in the morning; that other traffic patterns will be used to circumvent this no -right turn prohibition; and, questioned where there would be a safe place to drop off children. RECESS AND RECONVENE At 9:00 P.M. the Mayor declared a recess. The meeting reconvened at 9:10 P.M. Continuing with the testimony on the Basswood - Montemalaga Dr issue, the following persons spoke against the staff recommendation: Vicki Graham, 1209 Via Gabriel, Nancy Manfredi., 404 Yarmouth Rd., Susan Schneider, 26628 Fond du Lac; Brian Lynn, 2035 Via Visalia, P.V.E.; Shana Wallace, 38 Strawberry Lane, R.H.E. representing the Palos Verdes Peninsula High School Student Body, Sharon Goodrich, 30143 Via Rivera and Ralph Porter, 27106 Mesaba Dr.; again these speakers cited the short term traffic impact on the area and, the fact that the Student Body Association has put out great effort to solve the parking problem in the area. The following Council discussion centered on whether this issue had been considered by the Traffic Committee; if the matter of safe drop off points for students should be considered; and, if speed and traffic counts should be done and given to the Council as part of the data on this whole problem. Councilman Kuykendall moved, seconded by Councilwoman Brooks to send this matter to the Traffic Committee and that the committee report to the Council within 90 days with a recommendation regarding safe drop -off zones, traffic speed, and density; also, that the Committee consider using traffic bumps. Motion carried unanimously. CITY COUNCIL 5 OCTOBER 20, 1992 Capt. Bill Mangan Commander of the Lomita Sheriff's Station, stated that there had been traffic enforcement on Basswood and that citations were written. It was the consensus that Capt. Mangan would submit a report to the City regarding the number of tickets issued. REGULAR BUSINESS: RESOLUTION NO. 92 -102 - SUPPORT OF R.U.L.E (105 X 602 X 1401) City Manager Bussey presented the staff memorandum of October 20th and the recommendation that if the City Council determined that the City should provide financial support to R.U.L.E. the Council should specify the amount and adopt a resolution transferring the money from the General Fund Contingency budget. Representing R.U.L.E. was Kari Tapie, 28714 Mt. Vancouver Ct., who provided an update to the Council on the situation of the Eastview area schools seceding from the Los angeles School District. The judge in this case decided that the Los Angeles County Registrar Recorder could not certify the November 3rd election results on this matter. She stated that the organization was in severe need of financial support and requested that the City support them as much as possible. City Attorney Lynch opined that the City must be careful in not giving a gift of public funds and that any financial support would be restricted to future legal services; that the City cannot finance any contribution to any campaign effort insofar as the November 3rd election is concerned. She recommended that if the City did make a contribution that. R.U.L.E, submit an accounting of the expenditure of the funds. Also speaking in support of this matter was Anthony J. Vulin, 2170 Rockinghorse Rd., who stated that the members of this group have made many sacrifices; that becoming part of the Palos Verdes School District would make them full participants in the City of Rancho Palos Verdes. He said that this would add an additional 600 - 800 students and perhaps one to two million dollars in revenue for the school district. Also that the students in that area would be on the same school schedule and would be able to participate in recreation programs. He thanked the members of the Council for their continued support of the organization and read a letter from Craig Kelford, co -chair person of R.U.L.E. Council discussion focused on the agreement which the City Attorney would prepare to memorialize the restrictions on the use of any City support for their efforts. Councilwoman Brooks moved, seconded by Councilman Ryan to give $5,000 now, and if they have a future request they come back to the City Council with that pursuant to the criteria established by the City Attorney. Discussion then continued on the fact that the City will be invoiced up to $5,000 and that if R.U.L.E. was in need of further financial support that the issue would be placed on the City Council agenda. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, MAYOR McTAGGART NOES: NONE ABSENT:BACHARACH TELECOMMUTING WORK CENTER (1505) Director of Public Works Pulliam presented the staff memorandum of October 20th and the following recommendations: (1) Authorize staff to proceed with all necessary steps to secure funding from LACTC and AQMD to facilitate preparation of the Market Assessment phase ( feasibility study) of the proposed Telecommuting Work Center (TWC) project to be located on the Palos Verdes Peninsula. (2) CITY COUNCIL 6 OCTOBER 20, 1992 Authorize staff to obtain bids for the services of a consultant to prepare agreements with LACTC and AQMD and prepare the Market Assessment (feasibility study). Council discussion of this matter clarified the fact that all of the funds for this study would come from special funds and that their use was restricted to this telecommuting workcenter. Council inquired when the maintenance cost for this center would become known; how this telecommuting workcenter could possibly increase the business use of now vacant buildings; the fact that the market study would identify whether the City should make a commitment of $75,000 to get this up to market assessment phase; and, whether this eventually would be a private /public effort in which case it would relieve the City of this cost. Councilwoman Brooks moved, seconded by Councilman Kuykendall to approve the recommendation. The motion carried on the following roll call vote: AYES: BROOKS, KUYKENDALL AND MAYOR McTAGGART NOES: RYAN ABSENT:BACHARACH LICENSING OF HORSES (104) Deputy City Manager Rohloff presented the memorandum of October 20th and the staff recommendation to receive and file the staff report on the feasibility of licensing horses in the City of Rancho Palos Verdes, and taking no further action on the matter at this time. Speaking in favor of the staff recommendation was Sunshine, 6 Limetree, who discussed the action taken by the City Council on this matter at the September 1st Council meeting. She questioned the length of time spent on this issue by the staff; gave a brief history on the maintenance and care of the Polliwog Trail which she said had been maintained by the users of the trail. Representing the Palos Verdes Peninsula Horseman's Assoc. was Andrew Sargent, 11 Peppertree, who spoke in support of the staff recommendation. Sheri Hastings, 10 Vanderlip Dr., stated that the license was okay with her and she would get volunteers to maintain the trails if the money from the license would go for that purpose. Council then discussed the reason for this license program was to get a census of the horse population within the City and to find out how many horses use the trails- network; if , the trails were being used by the City residents; and, that the census would disclose whether or not people had more horses than was legally allowed. Councilwoman Brooks moved, seconded by Mayor McTaggart to consider adopting a registration fee for horses and that the fee be $45; that there be a six -month grace period without penalty, and that the funds be earmarked for code enforcement. Responding to Council's inquiries, staff stated that the SPCA would take over this responsibility for $2,000 to cover the cost for producing the licenses and the cost of enforcement. The discussion then turned to how this ordinance could be enforced; whether the $45 was an adequate registration fee; the staff time that it would take to administer such a registration program; how people could be put on constructive notice about this registration requirement; and, whether this item should be considered at the next budget sessions. Councilman Kuykendall moved a substitute motion, seconded by Mayor McTaggart to delay this matter until the next budget workshops. Motion carried on the following roll call vote: CITY COUNCIL 7 OCTOBER 20, 1992 AYES: RYAN, KUYKENDALL, AND MAYOR McTAGGART NO: BROOKS ABSENT:BACHARACH DEVELOPMENT CODE AMENDMENT - EXTREME SLOPES (1801) Director of Environmental Services Onderdonk presented the memorandum of October 20th which contained the Planning Commission's recommendation that the City Council initiate an amendment to Section 17.050.060 of the Development Code to allow staff to administratively approve minor construction within an extreme slope. Councilwoman Brooks moved, seconded by Councilman Ryan and carried to waive reading of the staff report. Motion carried. Councilwoman Brooks moved, seconded by Mayor McTaggart to adopt the staff recommendation. Council briefly commented on the fact that it was important that no views be obstructed. In response to Council inquiry staff responded that they were indeed in concurrence with this Planning Commission recommendation. ORDINANCE NO. 282 - AUTOMATIC EXTENSION OF TIME LIMIT ON SPECIFIC PLANNING APPROVALS APPEALABLE TO THE COASTAL COMMISSION - (1203 x 701) Council next considered the introduction of an Ordinance providing that time limits on City permits, when appealed, are automatically extended to the date of approval of the Coastal Commission. Councilwoman Brooks moved, seconded by Councilman Kuykendall to waive reading of the staff report which introduced this ordinance. Motion carried. ORDINANCE NO. 282 OF THE CITY OF RANCHO PALOS VERDES REGARDING THE LIFE OF PERMITS FOR PROJECTS FOR WHICH APPEALABLE COASTAL PERMITS ARE ISSUED CONCURRENTLY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title. Councilman Ryan moved, seconded by Councilwoman Brooks to waive further reading and introduce Ordinance No. 282. The motion carried. RESOL. NO. 92- 103 - REORGANIZATION OF PUBLIC WORKS DEPARTMENT (1203) Public Works Director Pulliam presented. the memorandum of October 20th and the staff recommendation as follows: (1) Authorize staff to implement the first phase of the Public Works Reorganization Plan which would staff some of the core duties of the Public Works Dept. with City employees. (2) Adopt Resol. No. 92 - Amending resolution No. 92 -95 adopting certain salary ranges for full -time and part -time employees. City Manager Bussey referred to a letter received from George Wentz of Charles Abbott Associates and noted that staff had read the letter and that it did not change the staff's recommendation. Lois Larue, 3136 Barkentine Rd., said that Mr. Pulliam's report answered her questions. Councilman Ryan moved, seconded by Councilman Kuykendall to approve the staff recommendation. Discussion centered on clarification of the fact that this conversion would take place in two phases. The motion carried on the following roll call vote: AYES: BROOKS, KUYKENDALL AND MAYOR McTAGGART NOES: NONE CITY COUNCIL 8 OCTOBER 20, 1992 ABSTAIN:RYAN ABSENT: BACHARACH Councilman Ryan noted his abstention to voting on any resolution dealing with salaries for City employees. It was the consensus that on subsequent resolutions listing changes to the salary grades that the resolution list only those positions affected by the change. CITY COUNCIL REPORTS: REPORT ON LEAGUE CONFERENCE RESOLUTIONS (306) Councilman Kuykendall reported on the resolution adopted at the League Conference which would support legislation establishing reasonable fees for coastal project appeals. He also reported on the League strategy for getting funding for local government and the fact that the League has decided because this is so important that they are now willing to call for a constitutional amendment or a constitutional convention to discuss the issue of funding for local government. Mayor Pro Tem Brooks reported that the Contract Cities Assoc. had decided that they will work with the local government task force to get new legislators to be made aware of this concern for funding of local government. Additionally, she reported that the Contract Cities Executive Board also discussed itemization of the property tax bills. This would require not only listing the special district assessments but also a breakdown of the distribution of this tax amongst all agencies. WINTER RECREATION CLASSES & STATUS OF PRIVATIZATION (1201) Assistant City Manager Rohlof f presented the October 20th staff memorandum which contained a summary of net income (loss) and cost recovery percentage by recreation programs for the FY 92 -93. He reported that the summary indicated an overall cost recovery for fees based programs at 80% which was over the 75% goal established by the Council. Due to increase in fees however a slippage was now being experienced in class registration. At this point in the discussion it was the consensus to combine discussion of this matter with the status of privatization. Council discussion of this item centered on the schedule for the publication of the Winter brochure; at what time a decision would have to be made regarding the continuation of subsidization of the Parks and Recreation programs and spending the money elsewhere; the status of the report on privatization; the fact that the City's finances are continuing to deteriorate; the amount that might be saved in the event the programs are discontinued; the fact that the staff is still in the middle of the privatization study; that the one proposal for privatization was not acceptable; and, if the Parks & Recreation Programs were wound down how that would be accomplished. City Manager Bussey reported that staff would prepare a full report and recommendation so that Council can make a decision prior to getting into any new activity in the next fiscal year. Council then focused on the fiscal condition for next year and the fact that it looked like it might be worse than this year; the shutdown cost for the Parks & Recreation Program and how it should be allocated; what the schedule was for publication of the Spring brochure; whether this should go through the Long Range Finance Committee so they would have it in the pipeline for their assessments; and, if the Budget Subcommittee (Mayor McTaggart /Kuykendall) should meet with the Long Range Finance Committee again. CITY COUNCIL 9 OCTOBER 20, 1992 Councilman Kuykendall moved, seconded by Councilwoman Brooks to direct staff to analyze the wind -down of the Parks and Recreation classes and bring a report to Council so that it could be fully implemented in the next fiscal year. Motion carried. REQUEST FROM THE CITY OF HAWTHORNE - U.S. AIR FORCE BASE AT EL SEGUNDO, CA. IN ITS PRESENT LOCATION (310) Mayor McTaggart moved, seconded by Councilwoman Brooks to authorize the Mayor to send a letter in support of this request from the City of Hawthorne. Motion carried. CONSIDERATION OF ADOPTING A NON - SMOKING ORDINANCE (801) Mayor Pro Tem Brooks presented her report on a no smoking ordinance and the recommendation that Council provide staff with direction concerning the possible preparation of a non - smoking ordinance applying to certain public and private establishments.. She reported that the California Restaurant Association already has a limited smoking ban; that lounges are exempt and that the ban applies to dining areas. She requested Council support for research on this ordinance. Council discussion then focused on whether the City should contact restaurants regarding the implementation of an ordinance; if such an ordinance is in effect in other cities; if letters should be sent to the restaurants in the City telling them that the City may be considering an ordinance prohibiting smoking in dining areas and request that we get feedback from the restaurant owners. Finally, it was the consensus that staff would collect additional inf ormat ion on such an ordinance. COUNCIL DIRECTIVES: No changes were made to this document. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Rd., stated her objection to staff comments that there is an outside perception that the City is considered difficult to deal with because of active citizen groups which limit attractiveness to new investors. She stated her objection to the statement that the appeals to the Coastal Commission were frivolous. ALTAMIRA CANYON CULVERT REPAIR (602 $ 1900) Director Pulliam presented the staff memorandum of October 20th and the staff recommendation to award a contract in the amount of $45,325 to Los Angeles Engineering, Inc. for Altamira Canyon culvert repairs, authorizing a contingency in the amount of $3.,800,, and authorizing $3,000 for inspection and administration for a total authorized expenditure of $52,125. ( 2 ) Approve the agreement as amended with the Portuguese Bend Homeowners' Assoc. regarding certain culverts located at Upper Narcissa Dr. and Sweetbay Rd. Councilman Kuykendall moved, seconded by Councilman Ryan to adopt the staff recommendation. Motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL AND MAYOR McTAGGART NOES: NONE ABSENT: BACHARACH CITY COUNCIL 10 OCTOBER 20, 1992 ADJOURNMENT: At 11:41 P.M. the meeting adjourned by Mayor McTaggart, TEST: TY CLERK C102092 on mot 01 of Councilman Kuykendall, seconded MA CITY COUNCIL 11 OCTOBER 20, 1992