AVALON CITY COUNCIL MEETING 
TUESDAY, JUNE 2, 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

CLOSED SESSION: 4:00- 6:00 p.m.
Closed Session pursuant to Government Code Section 54957, attended by the City's Labor Negotiator (City Manager) and representatives of International Association of Firefighters, Local 2295, Avalon Harbor Employees Association, and the Avalon Municipal Employees Association, to hear a presentation by and ask questions of John Bartel of Bartel and Associates regarding actuarial analysis and study of proposed increases to retirement benefits (3% @ 50) for public safety employees.

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
John Bartel of Bartel and Associates will give a presentation regarding actuarial analysis and study of proposed increases to retirement benefits (3% @ 50) for public safety employees.
  
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 OF AVALON SPECIFYING REQUIREMENTS AND TIME PERIODS FOR REDUCED MOORING FEE CHARGES 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 May 19, 2009 City Council meeting.

3. Expenditures
Warrants in the amount of $441,121.41 and payroll in the amount of $212,336.53 for a total expenditure amount of $653,457.94 are submitted for City Council approval.
Recommended Action
Approve warrants in the amount of $441,121.41 and payroll in the amount of $212,336.53 for a total expenditure in the amount of $653,457.94. 

4. Change Orders for the Harbor Master's Office Addition Project
During the construction of the Harbor Master's Office project it has been necessary to  issue two formal project change orders to correct several deteriorated elements in both  the wood pier structure and office building.
Recommended Action
Approve project change orders, numbers 1 and 2, for the Harbor Office addition project.

5. Proposal for Professional Services for Drainage Plan for Avalon Canyon Road
The berm/retention basin at Joe Machado Field no longer plays a critical role in  protecting the lower canyon during high volume rains. However, flows from Quail Canyon  and Citrus Canyon still need to be directed across City/SCI Co. properties to the main  drainage channel.
Recommended Action
Accept proposal to provide professional services to design drainage facility to direct flows  from Quail Canyon and Citrus Canyon, across Avalon Canyon Road, to the main  drainage channel, for a not to exceed amount of $5,000.

GENERAL BUSINESS
6. Ordinance for Reduced Mooring Fees for Winter and Shoulder Periods
This ordinance will provide that a reduced rate applies to advance payment for any four  nights, (instead of the current specification of Thursday, Friday, Saturday and Sunday  nights), for which the user will receive the next three consecutive nights free during the  period of September 15th to October 14th and again Palm Sunday to June 15th each year,  provided moorings are available.
Recommended Action
Introduce the ordinance and pass to a second reading.
 
7. Request for Rent Reduction at the Casino Fuel Dock
The City received a request from Pebbly Beach Building Supply to reduce their rent by  75% at the Casino Fuel Dock.
Recommended Action
Discuss and give direction to staff.
 
8. Proposed Changes to Municipal Code Regarding Transient Rentals
City Council has discussed, many times, possible changes on how to manage transient  rentals. It is now being recommended that the unlimited transient use remain unchanged,  except for adding a saturation criterion. In addition a new temporary rental permit will be  created with certain criteria.
Recommended Action
Discuss changes and reach consensus to re-notice for first reading of the ordinance. 

CITY MANAGER'S REPORT
MAYOR'S REPORT
COUNCILMEMBER REPORTS
ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for June 2, 2009 was posted on Thursday, May 28, 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, JUNE 2, 2009

CALL TO ORDER: 7:03 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
City Attorney Pam Albers reported that a Closed Session was held from 4:00 p.m. to 6:00 p.m. with City Council and representatives of the International Association of Firefighters, Local 2295, Avalon Harbor Employees Association, and the Avalon Municipal Employees Association to hear a presentation from John Bartel of Bartel and Associates regarding actuarial analysis regarding a proposal from the public safety employee groups to increase their retirement benefits formula to 3 % @ 50.  No other matters were discussed and no action was taken.

Audra McDonald, Administrative Analyst, announced that the commuter subsidy program was suspended by the Finance Department for the month of June due to concerns that insufficient funding remained for the balance of this fiscal year. Ms. McDonald also announced that a potential additional $100,000 of Prop A Incentive Funds will be added to next year's subsidy funding, bringing the total for FY 2009-10 to $600,000. The additional $100,000 will be voted on by the Metro Board later in the month. It was the consensus of Council that a better tracking system be put in place, so that the Council will be made aware of the status of this fund and plan accordingly.

ORAL COMMUNICATIONS - None
 
WRITTEN COMMUNICATIONS - Mayor Kennedy received a letter and filed it with the City Clerk. The contents of the correspondence will be discussed in connection with an item on tonight's agenda.

Adjourned to the Avalon Community Improvement Agency meeting 7:09-7:12 p.m.

PRESENTATION - The presentation with John Bartel, of Bartel and Associates, was cancelled because more questions still needed to be answered before he could present information to the public regarding his actuarial analysis regarding proposed increases to public safety retirement benefits.

CONSENT CALENDAR
There were five items on the consent calendar; Mayor Kennedy removed item 3, Expenditures, to vote on it separately. Michael Ponce made the motion to approve items 1, 2, 4, and 5, seconded by Tim Winslow. (All Ayes)

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

2. Approved actions of the regular City Council meeting of May 19, 2009.

4. Approved acceptance of project Change Orders 1 & 2 for the Harbor Office Addition Project.

5. Approved accepting a proposal from Michael Murphy of MAM SOCAL, Inc., to provide professional services to design a drainage facility to direct flows from Quail Canyon and Citrus Canyon across Avalon Canyon Road to the main drainage channel, and it is not to exceed the amount of $5,000.

Pulled item:
3. Expenditures - Mayor Kennedy stated that he was going to vote no on this item because he feels that the Council does not know where the City really is financially. The City budget has to be in balance before this item can be voted on. Sue Rikalo made the motion to approve warrants in the amount of $441,121.41 and payroll in the amount of $212,336.53 for a total expenditure of $653,457.94, seconded by Michael Ponce. (3 Ayes- Rikalo, Ponce, and Winslow, 2 Noes- Kennedy and Nelson)  

GENERAL BUSINESS
 6. Ordinance for Reduced Mooring Fees for Winter and Shoulder Periods - Motion by Bob Kennedy, seconded by Michael Ponce, to introduce ordinance specifying requirements and time periods for reduced mooring fee charges and pass it to a second reading. (All Ayes)

7. Request for Rent Reduction at the Casino Fuel Dock - City Manager Woolson read Mr. Rich Coffey's, Pebbly Beach Building Supply (PBBS), letter of request to lower his rent at the Casino fuel dock by 75%. Mr. Coffey addressed City Council highlighting the reasons for his request and his short term goals for the facility. He emphasized that this is a vital community service and the City and PBBS should work as partners. Mr. Coffey declared that PBBS is continually losing money each year due to several factors, including increases in fuel prices, fixed demand for fuel, and the on-going decline in the national and state economy. City Council asked questions of Mr. Coffey. Consensus was that Mr. Coffey should meet with staff to review his Profit and Loss statement and give a more defined picture of his economic status. Council also suggested that an RFP be issued out this summer to see whether there are any other persons or businesses interested in operating the fuel facility, so that a comparison can be made. Mr. Coffey stated that PBBS would not leave the community without the service.

The issue of $30,000 for an AQMD requirement was also brought up by Mr. Coffey. City Manager Woolson stated that a letter had been sent to Mr. Coffey addressing this and the City is willing to enter a five year amortization process for this equipment with the understanding that if their lease was terminated prior to the end of that period the City would compensate PBBS for the balance of the cost.
 
8. Proposed Changes to Municipal Code Regarding Transient Rentals - Planning Director Amanda Cook summarized the consensus by Council from the last several Council meetings.
1. The Conditional Use Permit (CUP) process for unlimited transient use will remain the same as they are now, the public hearing process will remain in tact, and the only difference will be adding the saturation factor, which is still to be determined.
2. A new Temporary Vacation Rental Permit will be created with the following criterion: All the administrative requirements will be the same as unlimited Transient Rentals, each rental term will require a separate permit, the required sign would include the standard information plus the rental term, each property is limited to a total of 28 days in any given calendar year, and is allowed in all area of Avalon.

Staff was directed to come back with maps depicting different scenarios of saturation, 50%, 60%, and 70%.
 
CITY MANAGER'S REPORT
Pete Woolson announced that a very bad, poorly deteriorated sewer main was discovered at the Sombrero Fountain by Mike Jones from United Water. It could be the main source of problems in that area. This sewer main feeds from Casino Way and Marilla. United Water estimates it could cost $250,000 to fix.

The phone system at City Hall has been experiencing some major problems. Staff is trying to remedy the situation in a timely manner. The consultants think that power outages might be the cause of the problem. No voice messages can be left.
 
MAYOR'S REPORT
Mayor Kennedy announced that City Council had interviews with Lt. Jeffrey Donahue, for the position of Avalon Station Commander. Lt. Donahue seemed to be a very good fit for our community. The City Manager has called the area commander and reported that the City would like to proceed forward with the hiring process of Lt. Donahue. Lt. Donahue was asked by Sheriff Baca to put his name in contention for the position because Sheriff Baca feels he is a great fit for our Island.

COUNCILMEMBER REPORT
Councilmember Ponce inquired of the City Attorney if there is anything the  City can do to control how a resident decorates the outside of their home. The City Attorney stated that under current city ordinances, unless the exterior presents a nuisance, such as peeling paint, there is not.  City Manager Woolson noted that the City has never wanted to utilize a design review or architectural review board.  Some members expressed the view that the house entertains visitors and has become a favorite for vacation photos.  It was suggested that the City Manager write a letter to the property owners advising them that the City has received numerous complaints regarding their choice in decorating style.

Mayor Kennedy asked if the City could have some part in controlling discarded mattresses from the hotels and private residences.

Councilmember Nelson asked the City Attorney if she was going to attend the seminar on AB811. Ms. Albers replied that she was attending. Mr. Nelson restated for the public that AB811 allows City's to set up assessment districts to finance solar improvements and charge the costs to property owners who participate in the program.

City Manager Woolson stated that he will start the recruitment process for a new City Manager in the Fall.

ADJOURN: Mayor Kennedy adjourned the City Council meeting at 9:02 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 June 2, 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