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AVALON CITY COUNCIL
TUESDAY, SEPTEMBER 2, 2008
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.
PRESENTATION
The Association for Los Angeles Deputy Sheriffs (ALADS) will be giving a brief presentation.
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 REGARDING MINOR OBSTRUCTIONS OF PUBLIC ALLEYS AND SIDEWALKS AND AMENDING THE AVALON MUNICIPAL CODE
AN ORDINANCE OF THE CITY OF AVALON REVISING THE PROVISIONS OF TITLE 5 REGARDING CURFEWS FOR MINORS 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 August 19, 2008, City Council meeting.
3. Expenditures
Approve warrants in the amount of $689,094.87 and payroll amounting to $221,165.18 for total expenditures in the amount of $910,260.05.
Recommended Action
Approve expenditures in the amount of $910,260.05.
4. Minor Obstruction of Public Sidewalks and Alleys
This is the second reading of an ordinance regarding minor temporary obstructions of public sidewalks and alleys.
Recommended Action
Adopt the ordinance.
5. Resolution Authorizing the City Manager to Execute the Grant Agreement for the Clean Beaches Initiative Grant Program and Approve the Sub- Contracts
The City was awarded a $1,355,000 Clean Beaches Initiative Program Grant form the State Water Resources Board. This grant allows the City to continue its efforts in researching and improving water quality. There are two components to the grant, a scientific component and the construction component.
Recommended Action
Adopt the resolution authorizing the City Manager to execute the Grant Agreement for the Clean Beaches Initiative Grant Program and Authorize the City Manager to execute the sub-contracts for the Clean Beaches Initiative Grant Program after the State Agreement is executed.
6. City of Avalon Conflict of Interest Code
In accordance with the Political Reform Act, the City has reviewed its conflict of interest code, and has made changes involving titles that have been deleted or changed.
Recommended Action
Adopt resolution.
7. Additional Member to the Citizen Advisory Board (CAB)
Brad Wilson was one of the original names submitted to be a member of CAB. Through a misunderstanding he was not appointed. Mr. Wilson has expressed a desire to be on the board.
Recommended Action
Appoint Brad Wilson to the Citizen Advisory Board.
GENERAL BUSINESS
8. Curfew for Minors
At the last City Council meeting, the City Attorney was directed to investigate other city's curfew ordinances and provide information regarding our current curfew ordinance, in the hopes of assisting the Sheriff's Department in enforcing curfew laws in a manner that is appropriate to Avalon.
Recommended Action
Invite public input, review and discuss written materials, make appropriate changes to ordinance and introduce the ordinance and pass to a second reading.
9. Appeal of Jim Amoroso
The Glenmore Plaza Hotel was denied a height variance at the June 25, 2008 Planning Commission meeting. Mr. Amoroso filed an appeal after the close of the 15 day maximum appeal period. He is requesting the City Council waive that requirement and allow him to appeal the issue.
Recommended Action
Discuss and give direction to staff.
CITY MANAGER'S REPORT
MAYOR'S REPORT
COUNCILMEMBER'S REPORT
ADJOURN
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for September 2, 2008, was posted on Thursday, August 28, 2008, 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.
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Denise A. Radde, City Clerk / Assistant to the City Manager
CITY OF AVALON CITY COUNCIL ACTIONS
TUESDAY, SEPTEMBER 2, 2008
CALL TO ORDER: 7:00 p.m.
ROLL CALL: Present- Mayor Kennedy, Mayor Pro Tem Rikalo, and Council Members Ponce, Winslow, and Nelson. Also present: City Manager Pete Woolson, City Attorney Pam Albers, and City Clerk Denise Radde.
ANNOUNCEMENTS
City Manager, Pete Woolson, announced that he and Finance Director Betty Jo Garcia, met with Jim Simons, an insurance agent with Arroyo, to discuss possible insurance coverage for Pebbly Beach Road.
Mayor Kennedy gave praise to Carol and Bob Butte for the success of another Church Mouse Tournament. All money raised goes to local youth organizations.
City Attorney, Pam Albers, announced that the Catalina Island Women's Forum is having their annual Wine Tasting on September 27. Tickets are available at the Catalina Chamber of Commerce and tickets will also be sold next week in the Post Office Arcade. Funds raised support the Mentoring and Scholarship program, which awarded $17,000 in scholarships last June and the Domestic Violence Victims Assistance program.
WRITTEN COMMUNICATIONS - None
PRESENTATIONS - None
ORAL COMMUNICATION
1) Comments were heard from Steve Montague in response to remarks made at the last City Council meeting concerning vehicle stickers held by Steve and his family. He noted that he has been a full time resident, except for a brief period more than 10 years ago. Steve stated that his family was not asking to keep all three of his parent's stickers, but to only retain one of them. Lastly, he asked if City Council would consider a new classification of vehicle sticker for long time residents who are property owners, with an off-street parking condition.
2) Darin Gruber, addressed Council at length, on what he feels is discrimination by the Harbor Department employees. He would like disciplinary action taken against them. He informed Council if action is not taken then he will take the necessary next steps with the courts. Mr. Gruber was reminded that the City Council denied his claim for $20 million and advised that his next step is to proceed with a court action.
3) Wendy Cole, a personal trainer, commented on the impact of the closed gym on her business and her concern for the health and well fair of the community. Ms. Cole said she had submitted a letter to the Mayor and to the Recreation Department requesting a donation by the City, to her, of several pieces of equipment that were moved and stored by the Santa Catalina Island Company. She has a potential lease on a space for the equipment, which would enable her to start her business. She asked for a response by Friday, September 5. City Attorney Albers explained that the City has not yet accepted the equipment donation pending receipt of documents specifying its rights and responsibilities for using the fire bay, to store the equipment.
Adjourned to the Avalon Community Improvement Agency meeting. 7:24-7:26 p.m.
CONSENT CALENDAR
There were seven items on the Consent Calendar; Councilmember Ponce pulled #4, and City Attorney Albers pointed out a typographical error in the resolution on item #6, and passed out a corrected version. Motion by Michael Ponce to approve items 1-3 and 5-7, 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 August 19, 2008 City Council meeting.
3. Approved warrants in the amount of $689,094.87 and payroll amounting to $221,165.18 for total expenditures in the amount of $910,260.05.
5. Adopted Resolution 08-15 authorizing the City of Avalon to enter into an agreement with the state of California and designating the City Manager to sign the agreement and any amendments thereto, as well as subcontracts with UCI, Dr. Stanley Grant and Angie Bera for the Avalon Bay Water Quality Improvement Project (Clean Beaches Initiative).
6. Adopted Resolution 08-16 amending the City's Conflict of Interest Code to reflect titles of positions that have been deleted or changed.
7. Appointed Brad Wilson as an additional member to the Citizen Advisory Board.
Pulled Item:
4. Minor Obstruction of Public Sidewalks and Alleys -Councilmember Ponce asked if full-time renters are covered in this ordinance, City Attorney Albers replied yes. Councilmember Nelson questioned the need for proof of insurance as stated in section (d) (3). Pam Albers reinforced that it is a protection for the City. Staff noted that a procedure needs to be formulated to track proofs of insurance and for public notice of the new law. Motion to adopted Ordinance 1075-08 by Michael Ponce, seconded by Sue Rikalo. (All Ayes)
GENERAL BUSINESS
8. Curfew for Minors- City Manager Pete Woolson reviewed the staff report by the City Attorney, which recommended that the City Council only consider changing the time by which minors must be off public streets and ways, pending input from the Citizen's Advisory Board. Public comment was invited. Several members of the audience spoke. Kathleen Zeller spoke at great length, reading a letter she distributed to each Councilmember regarding a personal experience dealing with her son and a member of the Sheriff's Department. Other comments were heard from Darin Gruber and Amanda Cook. Following a long discussion, Winslow asked Lt. Cook if his deputies were legally required to cite after 10:00 p.m., or whether they had discretion to issue a warning. Lt. Cook replied that generally around 10:15 p.m. his sheriffs go around and will issue a warning, then at 10:45-11:00 they will cite the child. Lt. Cook stated he would not have a problem with an
11:00 p.m. curfew. Lt. Cook did ask if Council could create a new law that would address underage drinking. This would help the sheriffs. Councilmember Ponce clarified that the Council wants the sheriffs to enforce the law; it is the current manner of enforcement that a majority of Council has an issue with. Motion by Sue Rikalo to introduce the ordinance with the change of time to reflect curfew at 11:00 p.m., seconded by Michael Ponce. Also Council gave direction to the newly formed CAB board to study and make recommendations regarding other provisions of the curfew law. (All Ayes)
9. Appeal of Planning Commission Decision: Glenmore Plaza Hotel - Jim Amoroso sought to have the City Council allow him to file a late appeal, as he had filed his appeal after the statutory time had passed. Mr. Amoroso argued that the City's Master General Plan has not been changed since the 1960s and the plans developed by the Santa Catalina Island Company looked favorably on hotel buildings being permitted to be multiple stories and bulk. Scott Nelson moved to deny the request for a late appeal, seconded by Tim Winslow. (All Ayes)
CITY MANAGER'S REPORT - None
MAYOR'S REPORT
Mayor Kennedy asked if staff would include in the midyear budget review, money to allow a consultant to be hired to review the Local Coastal Plan.
COUNCILMEMBER REPORT
Councilmember Nelson asked when the CAB was meeting, and he was informed that they were meeting for the first time on Thursday, September 4, 2008.
Councilmember Rikalo asked where a citizen could get the results of the county's water testing. The City Manager replied that the results are posted on the County website.
Councilmember Rikalo wanted the public to know that the issue of Conditional Use Permits was going to be on the next City Council agenda. She also wanted to forewarn the Council that she was for a 5% cap on the hillside and a blanket ruling that no vehicles are allowed with rental units.
ADJOURN: the City Council meeting ended at 8:46 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 September 2, 2008, is the official record of that Council Meeting and is on file and maintained in City Hall.
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Denise A. Radde, City Clerk/Assistant to the City Manager
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