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AVALON CITY COUNCIL
TUESDAY, SEPTEMBER 16, 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 - 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 OF AVALON REVISING CURFEW TIME FOR MINORS AND AMENDING THE AVALON MUNICIPAL CODE
AN ORDINANCE OF THE CITY OF AVALON SETTING PENALTIES FOR CRIMINAL STREET GANG ACTIVITES AND AMENDING THE AVALON MUNICIPAL CODE
AN ORDINANCE OF THE CITY OF AVALON REGARDING TRANSPORTATION PERMITS, SETTING EXPIRATION AND RENEWAL REQUIREMENTS AND PROCEDURES 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 September 2, 2008, City Council meeting.
3. Expenditures
Approve warrants in the amount of $180,651.56 and payroll amounting to $405,353.79 for total expenditures in the amount of $586,005.35.
Recommended Action
Approve expenditures in the amount of $586,005.35.
4. Curfew for Minors
This is the second reading of the City curfew ordinance extending the curfew time for minors, from 10:00 p.m. to 11:00 p.m.
Recommended Action
Adopt the ordinance.
5. Accepting of Gym Equipment and Redistributing the Equipment
The Casino gym equipment has been offered as a donation to the City. The SCI Co. has offered a revocable permit to store the equipment on their property. Several proposals from individuals have been received to utilize some of the equipment.
Recommended Action
1. Accept the donation of the gym equipment from Paxson Offield.
2. Authorize staff to sign the revocable permit with the Santa Catalina Island Company for storage of the equipment at 210 A Metropole Avenue.
3. Direct staff to create our own donation agreement to redistribute the equipment.
6. Exchange Federal Surface Transportation Program Funds for Los Angeles County Metropolitan Transit Authority Local Funds
The City annually receives Federal Surface Transportation funding through Metro. This year the City has an opportunity to exchange the federal dollars for local dollars. These funds would be best used toward Lower Terrace Road Capital Improvement Project.
Recommended Action
Adopt the resolution authorizing the City Manager to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program Local Funds in the amount of $73,306, minus a 2% administrative fee.
7. Unloading Permit for Freight Carriers
The Avalon Municipal Code states that a permit may be issued, by City Council, to a freight carrier, to allow them to stop and unload in a red zone.
Recommended Action
Approve a permit to be issued to Catalina Beverage and United Parcel Service (UPS) for the purpose of stopping and unloading freight in certain red zone areas within the commercial district.
8. Introduction of Ordinance Regarding Transportation Permits
At the August 5, 2008 City Council meeting, it was recommended that provisions be made for an expiration date for Transportation Permits, to facilitate a regular review of their use.
Recommended Action
Introduce the ordinance and pass to a second reading.
GENERAL BUSINESS
9. Ordinance Prohibiting Specified Activities by Criminal Street Gangs
Councilmember Winslow and Lt. Cook have expressed interest in having City Council adopt an ordinance that would provide an additional tool to fight crime in Avalon.
Recommended Action
Introduce the ordinance and pass to a second reading.
10. Conditional Use Permits for Transient Rentals
For the last ten years the Planning Commission has restricted transient rentals from including a vehicle with the rental in the downtown area. If permitted, the condition of usage was that they were not allowed to charge for use of the vehicle. Council is considering restricting the use of a vehicle on all transient rentals.
Recommended Action
Prohibit inclusion of a vehicle with all transient rentals in the area defined as the 'flats'.
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 16, 2008, was posted on Thursday, September 11, 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 16, 2008
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 Attorney Pam Albers and City Clerk Denise Radde. Absent: City Manager Peter Woolson.
ANNOUNCEMENTS
Councilmember Ponce announced that the 50th anniversary of the Festival of the Arts will be held this Saturday and Sunday, September 22 and 23, along Crescent Avenue.
Pam Albers announced that the 13th Annual Catalina Island Women's Forum Wine Festival will be held on Saturday, September 27. The money raised goes toward their mentoring program, senior scholarships, and a domestic violence assistance program. Tickets are available through the Chamber.
WRITTEN COMMUNICATIONS - None
PRESENTATIONS - None
ORAL COMMUNICATIONS - None
Adjourned to the Avalon Municipal Hospital Board of Trustee's meeting. 7:22-7:24 p.m.
CONSENT CALENDAR
There were eight items on the Consent Calendar; City Attorney Albers noted that on Item #4 the curfew for minors will remain 10:00 p.m. until thirty days after the new ordinance is passed. The City Attorney also asked for Item #5 (Acceptance of Casino Gym Equipment and Redistribution Agreement) to be pulled for additional information and comment, Item #7 (Application for Unloading Permit) to be pulled and tabled because the issue had been resolved, and observed that the State statutes were inadvertently attached to the staff report for Item #6 and should be discarded. Motion by Michael Ponce to approve Item Nos. 1-3, 4, 6, and 8, seconded by Scott Nelson. (All Ayes)
1. Approved reading of Ordinance Title(s) and Motion to waive pursuant to Government Code Section 36934.
2. Approved actions of the September 2, 2008 City Council meeting.
3. Approved warrants in the amount of $180,651.56 and payroll amounting to $405,353.79 for total expenditures in the amount of $586,005.35.
4. Adopted Ordinance 1076-08 revising curfew time for minors and amending the Avalon Municipal Code.
6. Adopted Resolution 08-17 authorizing the City Manager to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program-Local Funds in the amount of $73,306, minus a 2% administrative fee.
8. Introduced an ordinance regarding transportation permits, setting expiration and renewal requirements and a procedure to facilitate a regular review of their uses.
Pulled Item:
5. Accepting of Gym Equipment and Redistributing the Equipment - City Attorney noted that the Recreation Department had received one or two conflicting requests for the gym equipment and requested that a staff member, such as the City Manager, be authorized to distribute the remaining pieces and make such decisions as necessary where conflicts arise. She also advised Council that the persons accepting the gym equipment from the City will be required to sign an agreement waiving any liability and prohibiting the sale or other disposal of the gym equipment without prior approval of the City Council. Wendy Cole addressed Council stating that she had put a deposit down on office space in good faith that she would be given the gym equipment by October 1. Jennifer Lavelle, Recreation Department, spoke, telling Council that the City has received several proposals for different pieces of gym equipment; they were from Helen Howard and Allison Neville, Wendy Cole, Avalon Fire Department, and City Staff. Councilmember Nelson felt that that the equipment should be given out in whatever manner benefits the public most, since it is now public property. Motion by Scott Nelson, seconded by Michael Ponce, to: 1) Accept the donation of the gym equipment from Paxson Offield, 2) Authorize staff to sign the revocable permit with the Santa Catalina Island Company for storage of the equipment at 210 A Metropole Avenue, 3) Direct staff to draft our own donation agreement to control redistributed equipment; and 4) Authorize the City Manager to make decisions concerning redistribution of the equipment. (All Ayes)
GENERAL BUSINESS
9. Ordinance Prohibiting Specified Activities by Criminal Street Gangs - Consensus was to not take any action on this item and table it for further review by the Citizens Advisory Board. Lt. Cook expressed his view that this ordinance was one more tool that would enable the sheriff to do their job. Lt. Cook introduced Deputy Dave Mertens, a twenty year veteran with the Los Angeles County Sheriffs. Lt. Cook lastly stated that Deputy Mertens is his "go to deputy" on gangs and narcotics.
10. Conditional Use Permits for Transient Rentals- There was much discussion on prohibiting the inclusion of a vehicle with all transient rentals either City-wide or limited to the area defined as the 'flats'. (Clemente Street to Sumner Street, and includes the condominiums, Bahia Vista, Sol Vista, and Canyon Terrace.) Amada Cook, Planning Director, pointed out that if we restricted vehicles across the board on all rentals, it could lead to other consequences. Amanda included in her staff report a list of all CUP applications in the last ten years, how many were approved, denied, and appealed. Amanda felt the primary thing to discuss that evening was whether a conditional use permit for transient rentals should be conditioned to prohibit use of a vehicle by renters of the unit. Amanda explained that if a golf cart adds significant value to the rental, then the City Council will need to set a reasonable amortization period before eliminating the use of the vehicles as part of the rental. Councilmember Rikalo thanked Amanda for all her information and stated that this has been helpful and was a great start. Rikalo further requested that Amanda come back next meeting with data showing the proportion in the flats of rentals versus full time houses, and the number of units that would result if the City Council imposed a 5% cap over the current number of grandfathered and permitted transient rentals. Amanda replied that she has researched this question before and a 5% cap would be minimal, not more than 15 additional transient rental units. Rikalo also stated that she would like to see a transportation circulation plan. Consensus was to have the City Attorney draft an ordinance with a minimum amortization schedule in it.
CITY MANAGER'S REPORT - None
MAYOR'S REPORT
Mayor Kennedy reported that he was meeting with the Island Company tomorrow to discuss Pebbly Beach Road.
COUNCILMEMBER REPORT
Councilmember Winslow asked that since oil is down to $91/barrel and fuel on the mainland is $3.85/gallon, when are the companies (Freight Lines and Catalina Express) going to repeal the surcharge on fuel?
Councilmember Rikalo announced that SAG and the City met with Edison and the proposed water company that is interested in buying the water and gas plant. SAG is going to show them their sustainable plans for the future and see what they can help with.
Councilmember Nelson addressed several issues:
1) Scott inquired whose responsibility is sidewalk maintenance, a homeowner/ business or the City. The City Attorney explained that although State Street & Highway Code statutes place the responsibility on the adjacent property owner, it was the direction from the last City Manager to get the sidewalks all up to par and then have the land owner take care of it after that. She noted that this is a policy issue for the City Council to decide.
2) Scott expressed his concern with the Eucalyptus trees around town, and them needing to be trimmed properly. The City Attorney replied that Public Works had already had a professional come and look at the trees and have been getting trees trimmed in accordance with the arborist's recommendations. Some will be trimmed by the City, others will be trimmed by a private tree trimming company.
3) Scott asked the Planning Director if there was any truth to the rumor that Vons is buying the hotel next to them to expand their business. Planning Director, Amanda Cook, replied that she can not confirm, only that she had heard the same rumor.
ADJOURN: Mayor Kennedy adjourned the City Council meeting at 7:58 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 16, 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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