AVALON CITY COUNCIL MEETING 
TUESDAY, MAY 5, 2009
7:00 P.M. - CITY COUNCIL CHAMBERS
410 AVALON CANYON ROAD, AVALON
A G E N D A

CALL TO ORDER
PLEDGE OF ALLEGIANCE / INVOCATION
ROLL CALL
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
 
ORAL COMMUNICATIONS
Members of the public may address the City Council at this time.  No action will be taken on non-agenda items at this meeting.  Speakers should limit comments to three (3) minutes each.

PRESENTATIONS - None
 
CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine by the Council and will be enacted with one motion.  There will be no separate discussion of these items unless a specific item is removed from the Consent Calendar for further discussion and possible action.

1. Motion to Waive
Government Code Section 36934 provides that all ordinances shall be read in full either at the time of introduction or passage, unless the City Council adopts a motion to waive further reading following the reading of the titles of the ordinance. The following is on tonight's agenda:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON AMENDING THE PLANNING AND ZONING CODE TO CLARIFY THE DEFINITION OF FLOOR AREA AND AMENDING THE AVALON MUNICIPAL CODE  

2. Actions
Although the live recording is the official record of public meetings, actions are prepared for the Council's approval.
Recommended Action
Approve the actions from the April 14 and 21, 2009 City Council meeting.

3. Expenditures
Warrants in the amount of $628,463.47 and payroll in the amount of $222,400.08 for a total expenditure amount of $850,863.55 are submitted for City Council approval.
Recommended Action
Approve warrants in the amount of $628,463.47 and payroll in the amount of $222,400.08 for a total expenditure in the amount of $850,863.55.

4. Emergency Saltwater Pump Replacement  
The City has had several incidents recently that require the use of an emergency pump at  the saltwater reservoirs. The current emergency pump is old and does not meet the  AQMD requirements and cannot be used.
Recommended Action
Approve purchase of an emergency saltwater pump from DW Pumps for $48,750.

5. Changing Banner Ordinance
The City has been asked to modify its current Banner Ordinance to allow for longer hanging times and to increase the number of hanging locations.
Recommended Action
Introduce ordinance and pass to a second reading.

6. Claim Filed on Behalf of the Estate of Charles M. Cowan, MD
In October 2008 Dr. Charles Cowan was piloting a plane that crashed during takeoff from  the Airport in the Sky killing him and two passengers. His estate has filed a claim alleging the City is liable for dangerous conditions at the airport and for failing to provide adequate firefighting equipment.
Recommended Action
Deny the claim.

7. Support for AB 634 - Limiting Liability for Governmental and Non-Profit Entities for  Sinking of Vessels to Create Artificial reefs
The City has been asked by California Ships-to-Reefs to provide a letter in support of AB  634. This bill would amend section 831.7 in the Government Code to include self  contained underwater breathing apparatus in its definition of hazardous activities for  purposes of immunity and exempt facilities even though they charge a fee for Scuba  diving access to an artificial reef created or placed in cooperation with the state.
Recommended Action
Authorize staff to prepare a letter for the Mayor's signature in support of AB 634.

8. Definition of Floor Area
At the last City Council meeting this ordinance was introduced and passed to a second  reading. The Planning Commission adopted a resolution on March 25, 2009  recommending that  the City Council adopt their definition of floor area. (See staff report  for definition.)
Recommended Action
Adopt the ordinance clarifying the definition of floor area. 

GENERAL BUSINESS
9. Old Ben
Avalon Beautiful would like to move "Old Ben" from his location at the end of the Cabrillo  Mole to a new location at the entrance of the walkway at Crescent and Pebbly Beach  Road. They are proposing that this project will be done in phases.
Recommended Action
Request that Avalon Beautiful provide additional information and insurance certificate to  facilitate completion of Phase I of "Old Ben" Park.

10. 2009-2010 Growth Resolution
The Planning Commission adopted a 2009-2010 Growth Resolution at the March 25,  2009 Planning Commission meeting and is recommending that the City Council adopt the  City's annual growth policy for 2009-2010.
Recommended Action
Approve the 2009-2010 Growth Resolution as adopted by the Planning Commission.

11. Item of Discussion: Fireman Commemorative Plaque 
Discuss and give direction to staff.

12. Item of Discussion: Approving temporary limited spaces for massage chairs on Crescent  Avenue Pedestrian Walkway
Discuss and give direction to staff.

CITY MANAGER'S REPORT
MAYOR'S REPORT
COUNCILMEMBER REPORTS
ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for May 5, 2009 was posted on Thursday, April 30, 2009, at City Hall, 410 Avalon Canyon Road, and on the City's website www.cityofavalon.com. Copies of agendas and staff reports are available to the public at City Hall. 

______________________________
Denise A. Radde, City Clerk / Assistant to the City Manager 

CITY OF AVALON
CITY COUNCIL ACTIONS
TUESDAY, MAY 5, 2009

CALL TO ORDER: 7:00 p.m.

ROLL CALL: Present: Mayor Kennedy, Mayor Pro Tem Rikalo, and Council Members Nelson, Ponce, and Winslow. Also present: City Manager Peter Woolson, City Attorney Pam Albers and City Clerk Denise Radde.
 
ANNOUNCEMENTS
Mayor Kennedy announced that he and Councilmember Ponce attended a meeting with Sheriff Leroy Baca and Commander Martin last Friday, May 1 on the mainland. They were happy with the results of the meeting and thought that Sheriff Baca was very willing to work with the City of Avalon in resolving concerns about staffing, tailoring enforcement strategies and approaches for a tourism-based community and similar issues.

ORAL COMMUNICATIONS
 Irene Strobel expressed her displeasure with the lack of communication and dealings with the regional U.S. Census Bureau representatives.  Mayor Kennedy informed Ms. Strobel that two US Census representatives would be making a presentation and responding to questions and concerns.
 
PRESENTATIONS
1. With the current health alerts out for the H1-N1 Influence A Flu (Swine Flu) the City requested Bryan Ballard, CEO of the Catalina Island Medical Center, to address the community. Mr. Ballard summarized healthy habits everyone should employ to prevent the spread of any virus. The Medical Center is in daily contact with the LA County Health Department, Long Beach Health Department and the CBC, getting up dates on the disease. Thus far there have not been any reported cases in Avalon.

2. Supervisor Don Knabe and his staff liaison Connie Sziebl made a special request on the City's behalf to have Carmen Taylor Jones, Area Manager, and Debbie Ryan, Regional Technician, from the Los Angeles Regional Census Center of the US Department of Commerce make a presentation.  They explained in great detail the process for recruitment and hiring of persons to conduct the 2010 Census, as well as the numerous tasks they are faced with completing in a short period of time. Ms. Jones was asked questions by the City Council, as well as members of the audience. It appeared that inconsistent information had been given to Avalon residents seeking employment, that 3-5 positions were available for a very short term assignment and longer assignments would be available later in the year.  After an hour of discussion without any resolution, Mayor Kennedy recommended that all interested parties go meet outside to see if they could resolve their issues.

WRITTEN COMMUNICATIONS - None

Adjourned to the Avalon Community Improvement Agency meeting 8:15-8:16 p.m.

CONSENT CALENDAR
There were eight items on the consent calendar; Councilmember Rikalo asked a question of the City Attorney on item 6, Claim Filed on Behalf of the Estate of Charles M. Cowan, MD. Councilmember Rikalo asked if we are in partnership with the Catalina Island Conservancy for the FAA Grant, does that make us liable at all for this litigation. City Attorney Albers answered that the Memorandum of Understanding provides that the City does not have control of or have liability for any operations at the Airport. Motion to approve items 1 - 8 by Michael Ponce, seconded by Sue Rikalo. (All Ayes) 

1. Approved reading of Ordinance Title(s) and Motion to waive pursuant to Government Code Section 36934.  

2. Approved actions of the Adjourned City Council meeting of April 14, 2009 and the regular City Council meeting of April 21, 2009.

3. Approved warrants in the amount of $628,463.47 and payroll in the amount of
$222,400.08 for a total expenditure of $850,863.55. 

4. Approved the purchase of an emergency saltwater pump from DW Pumps for $48,750.

5. Introduced an ordinance and passed it to a second reading regarding posting of banners on public property and amending the Avalon Municipal Code. 

6. Denied a claim filed on behalf of the Estate of Charles M. Cowan, MD which alleges the City is liable for dangerous conditions at the airport and for failing to provide adequate firefighting equipment.

7. Authorized staff to prepare a letter for the Mayor's signature in support of AB 634 which limits liability for governmental and non-profit entities for sinking of vessels to create artificial reefs.

8. Adopted Ordinance 1084-09 amending the Planning and Zoning Code to clarify the definition of floor area and amending the Avalon Municipal Code.  

GENERAL BUSINESS
9. "Old Ben" Park - Katrina Awalt of Avalon Beautiful informed Council that Phase I of "Old Ben" Park would consist only of removing "Old Ben" from his place at the end of the Cabrillo Mole to his new home at the entrance of the walkway at Crescent and Pebbly Beach Road, where he will be mounted on a platform. Avalon Beautiful was given specifications from the Building Inspector to follow to ensure that he is mounted in a safe manner.  It was also clarified that once the sea lion is in place the City is responsible for the maintenance and insurance. Consensus was to approve Phase I.

10. 2009-2010 Growth Resolution - Motion by Michael Ponce, seconded by Tim Winslow to approve Resolution 09-06 the City's annual growth policy for 2009-2010. (All Ayes)

11.  Item of Discussion: Fireman Commemorative Plaque - Consensus was to not spend money on the plaque at this time.

12. Item of Discussion: Approving temporary limited spaces for massage chairs on Crescent Avenue Pedestrian Walkway- Planning Director Amanda Cook informed Council on her vision of how she thought this idea could work. Different suggestions were discussed. Consensus was to not allow this on Crescent Avenue.
   
CITY MANAGER'S REPORT - Pete Woolson gave a status report regarding the City's efforts to reduce or eliminate poor readings for Avalon Bay water and related beach postings. Mr. Woolson reported that the scientific group from Cal State University Irvine has just conducted a dye injection test of the sewer mains along Whittley, Marilla, Crescent and Vieudelou.  These sewer mains were tested because the water near Pete's Beach has historically produced bad readings.  Unfortunately no conclusion could be reached because no dye leaked out of these sewer lines into the bay. An airplane did a fly by and took an aerial photograph of the bay also. The City will continue looking for suspicious pipes that might be causing these readings. The scientific group has recommended one more dye test in another area.
 
MAYOR'S REPORT - Mayor Kennedy expressed serious concern with United Water's maintenance and management of the salt water system and particularly its impact on the availability of water for firefighting.  He feels they are not doing a proper job in maintaining and managing our salt water. Due to recent problems we have been experiencing, signs suggest that there has been a gross neglect of the salt water system. City Attorney Albers noted that the procedures set out in the contract have not been followed and it is necessary to document these concerns. City Manager Woolson stated that he had asked the Fire Chief for a timeline of events with the last incident over the weekend.

COUNCILMEMBER REPORTS - Councilmember Rikalo asked why there are Segways on Crescent Avenue. The City Attorney answered that under State law, persons on Segways are considered pedestrians and entitled to go wherever pedestrians are permitted to go.  She noted that State law allows cities to enact more restrictive local regulations and prior City Councils have elected not to adopt local regulations

Councilmember Nelson commented on the changed parking signs on Clarissa, Descanso and Catalina Street, reducing the requirement to move parked vehicles to once per week.
 
ADJOURN: Mayor Kennedy adjourned the City Council meeting at 9:25 p.m. 

I, Denise Radde, City Clerk of the City of Avalon, do hereby certify that the DVD videotape of the City Council Meeting of May 5, 2009, is the official record of that Council Meeting and is on file and maintained in City Hall.

______________________________
Denise A. Radde, City Clerk/Assistant to the City Manager