AVALON CITY COUNCIL 
TUESDAY, OCTOBER 7, 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
Introduction of the new Avalon Schools Principal, Joe Carlson.

Rose'y Rohaley, Southern California Edison, Regional Manager Catalina Island District, will give a brief update on the water and gas plant sale.
  
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 REGARDING PUBLIC SERVICE PERMITS, SETTING EXPIRATION AND RENEWAL REQUIREMENTS AND PROCEDURES AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY OF AVALON REGARDING REQUIREMENTS AND PROCEDURES APPLICABLE TO RESIDENTIAL PROPERTIES USED FOR TRANSIENT RENTAL USE AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AVALON AND HAMILTON PACIFIC LLC FOR THE CONTRUCTION OF A RESIDENTIAL PROJECT AT HAMILTON COVE AND ASSOCIATED IMPROVEMENTS INCLUDING SUPPORT HOUSING AT BIRD PARK AND RELATED INFRASTRUCTURE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON REGARDING LANDOWNER RESPONSIBILITY AND LIABILITY FOR SIDEWALK SAFETY AND MAINTENANCE 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 16, 2008, City Council meeting.

3. Expenditures
Approve warrants in the amount of $831,773.79 and payroll amounting to $199,155.02 for total expenditures in the amount of $1,030,928.81. 
Recommended Action
Approve expenditures in the amount of $1,030,928.81.

4. Ordinance Regarding Transportation Permits   
At the City Council meeting on September 16, 2008, an ordinance that  sets an expiration date for Transportation Permits to help facilitate a  regular review of their use was introduced and passed to a second  reading.
Recommended Action
Adopt the ordinance and the resolution adopting a fee schedule.

PUBLIC HEARING
5. Conditional Use Permits for Transient Rentals- Ordinance
Introduce an ordinance that will establish occupancy on transient rentals,  and takes into consideration the size of the unit and size of the  bedrooms; addresses multiple unit properties; sets a minimum TOT  payment per year and modifies the temporary vehicle language to  accommodate the eventual limitation of vehicles for transient rentals.
Recommended Action
Introduce ordinance and pass to a second reading.

6. Negative Declaration for Joe Machado Field Restoration Project
The City is trying to proceed with the Joe Machado Field Restoration Project and the project requires that the City adopt CEQA findings.  
Recommended Action
Adopt Negative Declaration for Joe Machado Field Restoration.

7. First Amendment to Hamilton Cove Development Agreement
Hamilton Pacific, the developer of Hamilton Cove project, has requested a  modification in the Development Agreement to change the provisions relating to the mandatory time of construction.
Recommended Action
Conduct Public Hearing, introduce the ordinance, and pass to a second  reading.

GENERAL BUSINESS
8. Joe Machado Field Restoration Project 
The City has been awarded some grants to go toward the reconstruction  and renovation of the Joe Machado Field. Once the project is put out to  bid, staff will have a better idea of exactly how much additional funds will be needed to complete the project.
Recommended Action 
Receive input from the Council regarding the attached drawings for the  Joe Machado Field Restoration Project and authorize staff to move  forward with the bidding process. 

9. Conditional Use Permits for Transient Rentals-Administrative Permit
Further discussion is needed on the suggestion that transient rentals be  subject to an "Administrative Permit".
Recommended Action
Discuss and give direction to staff.

10. Request to Bid the Harbor Master's Office Addition
At the April 3, 2007 meeting, City Council authorized staff to enter into a  contract with Ron Yeo Architects Inc. to supply plans necessary to add an  addition to the Harbor Masters Office.  The final plans have resulted in a couple changes.
Recommended Action
Hear a presentation by the Capital Improvements Director regarding the  Harbor Master's Office addition Project and authorize the City Manager to  proceed with formal bid procedures to select a qualified bidder.

11. Award Contract for Plan Check Services to Esgil Corporation 
The City sent out an RFP to seven companies requesting proposals to provide plan check services for the Building Department. Four proposals were received back.
Recommended Action
Authorize staff to award contract to Esgil Corporation for one year with authorization to renew.      

12. Sidewalk Maintenance and Repairs and Liability
This ordinance will set procedures, consistent with State Law, which makes adjoining landowners responsible for maintaining the sidewalk that fronts the property they own in a safe and usable manner.
Recommended Action
Introduce the ordinance and pass to a second reading.

13. Edison Request to Park Their Electric Vehicle in the City Parking Lot
The City has received a request from Southern California Edison to park their Toyota Rav4 in the City parking lot charging station on a daily and nightly basis.
Recommended Action
Discuss and give direction to staff.
 
CITY MANAGER'S REPORT 
MAYOR'S REPORT 
COUNCILMEMBER'S REPORTADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for October 7, 2008, was posted on Thursday, October 2, 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. 

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

CITY OF AVALON
CITY COUNCIL ACTIONS
TUESDAY, OCTOBER 7, 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 Manager Peter Woolson, City Attorney Pam Albers, and City Clerk Denise Radde. 

ANNOUNCEMENTS 
Mayor Kennedy made the following announcements:

• The Department of Motor Vehicles will be in town October 15, 16, and 17. Appointments can be made at City Hall.
• The Department of Fish & Game will host a Marine Life Protection Act meeting this Wednesday, October 8, at 5:00 p.m. in the Council Chambers. Mayor Kennedy encouraged those involved in recreational and commercial fishing activities to attend as the DFG will be preparing a master plan that will recommend new protected and/or closed areas to the Fish & Game Commission.
• Residential large item pickup will be Wednesday, October 29, for the Terraces through Sumner, Tremont Apts., Eucalyptus Hill, Bird Park, and Fairview Terrace. On Wednesday, November 5th pickup will be on Sunny Lane to Camino del Monte, Hamilton Cove, and Pebbly Beach Housing.  A list of acceptable and unacceptable items is available at City Hall.
• The Catalina Island Performing Arts Foundation and Angel City Brewery are hosting a World Music event on Saturday, October 25 at the Field of Dreams.  Representatives asked council members and other public officials to participate in the Dunk Tank.  There will be live international music, beer and wine, food, games and activities for the whole family.  Tickets are available through the Chamber.
• The 3rd Annual Catalina Island Breast Cancer Walk-a-thon is on Saturday, October 25, at 8:00 a.m.  So Cal Edison and Von's are in charge of the event.
• On November 13th the City of Avalon will be participating in a city wide earthquake drill along with the Sheriff's Department, CERT, the hospital, Avalon Schools, and local businesses. Volunteers are needed to act as victims for the drill. Contact Sean Brannock at the Recreation Department, 510-1987.

Councilmember Ponce announced that on Tuesday, October 21, from 2:45-5:15 p.m., CHOICES will be hosting a presentation for professionals at the Avalon School library. Dr. Ken Winters will present "Adolescence: A Time - Limited Brain Disorder". To find out more contact LeeAnn Human at 310-429-1791 or go to CatalinaCHOICES.org

WRITTEN COMMUNICATIONS
Mayor Kennedy had received a few emails, including a negative one regarding the closure of the stables.  He asked staff to file and retain documents as per City policy.
 
ORAL COMMUNICATIONS
Rick Miller, on behalf of CC Gallagher and CC Bloom, expressed concern about the placement of Krail along Clarissa and Crescent Avenue, indicating that the Krail remained in place long after the threat of rain had passed and was put into place again even though minimal rainfall was predicted by the National Weather Service on its website.

Keith LeFever, Capital Improvements Director, assured Mr. Miller that the City utilizes numerous weather watch systems, including NWS.  He noted that city staff had contacted LA County to ask that their Public Works Department come to reassess the burn areas, in hopes that it might not be necessary to place as many Krails around town. LA County replied that we need to use the same level of protection for at least two to three more years.  However, in an effort to reduce the impact on the business community, unless there are specific storm warnings, Krail will not be deployed until the last part of November.  In addition, it will be placed only down to 3rd Street, with additional amounts staged in the area that can be then placed on the lower section of Clarissa and Crescent if predictions are for heavy rains.  Also, Krail will be removed from the streets earlier than last year, barring unforeseen weather patterns.

In response to a question from Angie Brea, Keith LeFever stated that the City will once again be staging sand and bags on the beach for pick up by residents and businesses.

PRESENTATIONS
1. The new Avalon Schools principal, Joe Carlson, was introduced to the community. Mr. Carlson stated that he was happy to be working here, having been a visitor to the Island since the early 80's. He is very excited about his staff and the children have been great thus far.

2. Rose'y Rohaley, Regional Manager for Southern California Edison, Catalina Island District, gave an update on the efforts to sell the water and gas utilities. Ms. Rohaley covered the steps involved in selecting a potential buyer and narrowing it to one frontrunner. The interested party is a water company from Southern California.   Local agencies, City of Avalon, SCI Co., Conservancy, and the Chamber, have all been included in a meeting with the new potential company and were able to ask them questions. The terms and conditions are still being worked out. Approval from the CPUC will also be required as a condition of the sale and the transfer of ownership. The earliest that this process can be completed would be the third quarter of 2009.

Rose'y was asked by Council what the current water level at Thompson Reservoir was. She responded that the reservoir was at 585 acre feet. The City has been placed on Phase I water rationing since December 2007. If the reservoir gets to 300 acre feet then the City will be placed on Phase II water rationing. Phase I consist of numerous mandatory water conservation measures such as only watering landscape during certain times, washing of vehicles only by using a 3 gallon bucket, no washing of sidewalks and streets with fresh water, and construction compaction with fresh water is not permitted.

Councilmember Rikalo expressed an interest in having a phone conference with the potential buyer, the Mayor and City Manager, to see about the possibility of the City taking over these utilities.  Ms. Rohaley said she would arrange this.

Lastly, Ms. Rohaley announced that there are solar incentives available, to find out about them go to Southern California Edison's website.

3. Lieutenant Ed Cook introduced Deputy Justin Martin, a new deputy here on loan. Deputy Martin is a 13 year old veteran. Councilmember Nelson asked Deputy Martin what his specialty is, he replied gangs and drugs. Lt. Cook stated that Deputy Martin is here as a general law enforcement deputy and that Deputy Mertens is still his gang and drug deputy.

Adjourned to the Avalon Community Improvement Agency meeting. 7:34-7:41 p.m.
 
CONSENT CALENDAR
There were four items on the Consent Calendar; City Attorney Albers pointed out that on item #1, Motion to Waive, the first ordinance should state it is regarding transportation permits, not public service permits.  Councilmember Nelson removed item #4, Ordinance regarding transportation permits, for further discussion.  Motion by Michael Ponce to approve items 1-3, 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 September 16, 2008 City Council meeting.

3. Approved warrants in the amount of $831,773.79 and payroll amounting to $199,155.02 for total expenditures in the amount of $1,030,928.81.

Pulled Item:
4. Ordinance Regarding Transportation Permits- Councilmember Nelson questioned what the ordinance was really about; he was having a hard time with the idea of setting a fee to get the renewal of the transportation permit every three years. Dialogue followed with the City Attorney explaining what the Transportation permit is and who can get one. Dudley Morand, Vehicle Clerk, stated the ordinance would be a helpful tool for him to review the permits and to keep them current. Motion by Michael Ponce to adopt the ordinance and the fee resolution, seconded by Sue Rikalo. (All Ayes)

GENERAL BUSINESS (Taken out of order)
8. Joe Machado Field Restoration Project - Pete Woolson reviewed the staff report. Scott Nelson read a letter from Patti Engel, Athletic Director at Avalon Schools, expressing concern that the timeframe for the work on the Joe Machado Field will affect the Avalon High School softball and baseball season which begins February 16 and goes until May 15, and could be further extended if the teams qualify for the CIF playoffs.  Sean Brannock, Recreation Director, explained that the work on the ball field will be done in phases: 1) Phase 1- Restroom, concession stand, and storage construction, 2) Phase 2- Turf, fencing, and lighting, and 3) Phase 3- Incidentals, like the scoreboard, press box, landscaping, etc. Sean stated that Phase 1 and part of Phase 2 are funded.  However, he noted that the Field of Dreams has already absorbed all of the school sports, plus all of the City's programs and that it is impossible go forward with this much needed improvement project without impacting some recreational group.

Earl Schrader and Dave Zeller were in the audience and were asked to come forward for comment. Both thanked the City for pursuing this plan.  Their only concern was the actual dimension of the field. It looked to them that it was okay for football field regulations, but short for Lacrosse. Jennifer Lavelle, Program Coordinator, explained to Council that in the design plans they tried to accommodate all sport regulations, but given the size of the land and its shape, there is no way to completely meet all the dimensions. Since it is the only land that the City owns suitable for this type of use, the goal is to find a permanent solution for a multi-sports field. Sean Brannock stated that they need the Council's go ahead to move any further on the project. Sean also commented that the City has lost another recreational area, the Catalina Stables. Sean would like to see the City pursue a portion of the land for temporary recreational use. Mayor Kennedy replied that at a meeting last week, Randy Herrel, President and Chief Operating Director of the SCI Co., said he would take the suggestion back to the Board of Directors. Motion to authorize staff to move forward with the bidding process for the Joe Machado Restoration Project by Bob Kennedy, seconded by Sue Rikalo. (All Ayes)

9. Conditional Use Permits for Transient Rentals- Administrative Permit- Continuation of the on-going consideration of transient rental use and the direction that Council would like it to go. Mayor Kennedy would like to see the term CUP disappear and generate a new term, perhaps Vacation Rental Permit. Mayor Kennedy does not like the idea of the permit following the land and he is not in favor of the permit being issued administratively if there is opposition to the permit. Councilmember Winslow likewise was against the administrative approval. He felt permits should be public, that a neighbor should have the right to object if they want. Councilmember Nelson would like the City to follow the example of the City of Seaside, which uses an administrative permit. The City Attorney and the Planning Director are going to research it further and investigate more about it. Consensus was to have the issue brought back.

10. Request to Bid the Harbor Master's Office Addition - City Manager Woolson read the staff report which notes that additional piling and wharf work to support the office expansion will probably result in bids exceeding the budgeted funds for this project.   Motion by Michael Ponce to authorize staff to advertise and solicit bids, and to reevaluate depending on the cost of the bids that are received, seconded by Tim Winslow. (All Ayes)

11. Award Contract for Plan Check Services to Esgil Corporation - Planning Director Amanda Cook explained the bid solicitation process and the difference in the bids received.  She stated that the low bidder, Esgil, received very high marks from its references.  Motion to award contract to Esgil Corporation for one year with authorization to renew by Bob Kennedy, seconded by Tim Winslow. (All Ayes)

12. Sidewalk Maintenance and Repairs and Liability - This was first reading of an ordinance requested by Councilman Winslow.  It would set procedures for making owners of land that adjoins the sidewalk responsible for maintaining the sidewalk in a safe and usable manner and would also make them liable for personal injury or property damage arising from unsafe sidewalk conditions.  Councilmember Rikalo opposed the ordinance to the extent that it was not limited to negligent action or inaction by the adjoining landowner.   Councilman Winslow noted that this ordinance is found in most cities.   No motion was made and consensus of the City Council was to ask that the ordinance be presented for first reading with limiting language and designation of the Finance Director for actions on liens.

13. Request by Edison to Park Electric Vehicle in City Parking Lot - Consensus was to allow Edison to park in the front City Hall parking lot for a trial period of three months. Rose'y Rohaley stated that the vehicle will be charged out at Edison during the day and the Edison employees will not be driving to City Hall and leaving their vehicles here.  Council authorized the City Manager to oversee any problems that may arise.

BREAK 9:20-9:30 p.m.

PUBLIC HEARING - (Taken out of order) 9:30-10:17
7. First Amendment to Hamilton Cove Development Agreement - Councilmember Nelson announced he would be abstaining and left the Council Chamber. Mayor Kennedy opened the Public Hearing; no one came forward. The Public Hearing was closed. Comments were heard from Mike Flynn, Hamilton Pacific, and developer of the Hamilton Cove project, indicating that the amendment is being requested because the investment by his company in the Bird Park Project will be equivalent to the first phase at Hamilton Cove and fairness should allow that to satisfy the building in progress deadline. Motion was made by Michael Ponce to introduce the ordinance that will modify the Development Agreement to allow the Bird Park Housing Project to satisfy the mandatory deadline for start of construction, seconded by Tim Winslow. (4 Ayes, 1 Abstained- Scott Nelson) Mike Flynn reported that there is a factory built unit being erected at Hamilton Cove that will be completed in a month, and invited Council to come and see it then. He also reported that Hamilton Pacific has been engaged in grading activities and site plan revisions for the Bird Park housing project.

6. Negative Declaration for Joe Machado Field Restoration Project. - Motion to adopt the Negative Declaration for Joe Machado Field Restoration by Tim Winslow, seconded by Michael Ponce. (All Ayes)

5. Conditional Use Permits for Transient Rentals- Ordinance - Motion by Michael Ponce to introduce the ordinance and pass to a second reading with the following specified amendments: (1) delete from Section 1 "and may also increase the number that would otherwise be allowed under the foregoing formula where fact are presented demonstrating that the configuration of the property warrants it"; (2) insert "designated before bedroom in the first sentence and modify definition of bedroom.  Seconded by Sue Rikalo. (All Ayes)
          
CITY MANAGER'S REPORT
Pete Woolson reported that the Clean Beaches Initiative project, funded in part by the State, will be starting. Dr. Stanley Grant will be coming to the Island to begin his research by the end of October and also work will begin on videotaping and some repairs of sewer laterals in the residential areas. Dr. Grant will also be examining our ground water and looking for ways to nullify the bacteria in the ground water. Dr. Grant will also take readings of our bay water and test to see if the bacterium is human or animal. United Water will begin working with Roto Rooter next week on the sewers lateral portion of the project.
 
MAYOR'S REPORT
Mayor Kennedy reported:
1. The Animal Task Force will be submitting a final review on new animal ordinances soon. The Human Society has not given their approval yet and the City Attorney still has to review them. Mayor Kennedy asked for a copy to be put in each of the Council's mailbox for a review.  In response to the City Attorney's question about the format and purpose of the document, Mayor Kennedy stated that it is a compilation of various ordinances from different places for purposes of discussion and elimination of those that the Task Force does not find appropriate.

2. Mayor Kennedy stated that he met with the City Manager and SCI Co. representatives Monday to continue dialogue regarding Pebbly Beach Road. The SCI CO. has asked the City to fund a study analyzing the cost and risk associated with various hillside mitigation measures.  SCI Co. also agreed to make an equivalent donation toward the Joe Machado Field restoration project.

Since this item was not on the agenda, City Attorney Albers noted that the Council must find that the need to take action arose after the agenda was posted and the action is needed before another noticed meeting.  Mayor Kennedy noted that his meeting only took place this last Monday and the SCI Co. Board is meeting on October 27.  Motion to make findings and to add item to the Agenda by Sue Rikalo, seconded by Tim Winslow. (All Ayes) Motion to award contract in the amount of $7,800 to John McNamara for a mitigation plan and accept SCI Co's donation toward the Joe Machado Field by Sue Rikalo, seconded by Scott Nelson. (All Ayes)  

3. Mayor Kennedy stated that he had recently walked around Catalina Kid Ventures and was embarrassed by the condition of it. He is going to try and have local contractors meet with him and walk through the place and see if anything can be done without spending too much money.

4. Mayor Kennedy asked staff to do a Public Safety contract review.

5. Mayor Kennedy asked the City Manager where the City was with a second Code Enforcement Officer. The City Manager replied that he would talk to Fire Chief Hoefs and get back to them.

6. Mayor Kennedy would like staff to look into issuing temporary commercial vehicle permits for local Island residents who have businesses, which would allow them to get jobs that are now going to mainland businesses.  City Attorney Albers asked whether this would allow the use of vehicles that were not legally permitted and Council replied no.

7.  Mayor Kennedy questioned Lt. Cook's probation period, if it had expired or not. He would like a response from the LA County Sheriffs in writing.
 
COUNCILMEMBER REPORT
Councilmember Rikalo had these comments:
1. Councilmember Rikalo and Ponce went to the Annual League of California Cites and spoke to several companies that they were excited about. One was the Honeywell Company, which is a solar company that puts solar on city buildings. A 20 year contract is involved and the utility rates are fixed for that time. Sue would like to have a conference call with them to find out more about what they have to offer.

2. Councilmember Rikalo announced that the City of Avalon won a grand prize at the conference, $20,000 of concrete for any flat surface of our choice. The City Manager suggested that the cement could be used at the dump. Further ideas will be considered.

3. Another company that Councilmember Rikalo spoke to at the conference was a company called ICMA and they come into cities and analyze data reviewing staffing, budgets and pension plans for city employees, and fire and police departments. Councilmember Rikalo would like the City to bear the cost to bring him to the Island in two weeks because he will be in the area. Mayor Kennedy suggested that the City Manager call the company and find out how much their consulting services cost.

Councilmember Ponce spoke with a company at the League Conference that has a process that shoots giant rods into hillsides that might help stabilize the Pebbly Beach Road hillside.

Councilmember Nelson had these comments:
1. Councilmember Nelson asked the City Manager to direct the Code Enforcement Officer to give a 15 minute leeway to the people who live on Whittley before issuing a ticket.

2. Councilmember Nelson requested that the issue of tickets given out for not changing sides of the street while the street sweeper was broken, be placed on the agenda. Councilmember Nelson would like to give the money back to anyone who was issued such a ticket.

3.  Councilmember Nelson asked the public to consider not approving bonds on the ballot in the November election.

4. Councilmember Nelson reported that Vons has been having contractual problems thus far causing the delay in installing the magnetic strips in the sidewalks and street to prevent shopping carts from being taken away. The issue has been resolved and Vons has informed him the project will take place in 2-3 weeks.

City Attorney Albers announced that there will be a bone marrow donation drive on Monday, October 13th, from 11:30 a.m. to 3:00 p.m., in the Post Office Arcade. The process is very simple; a swab is taken from the inside of your mouth.

A quick discussion was had on whether to change the night of the next City Council meeting because Mayor Kennedy will be out of town. It was decided to keep the regular date, with Mayor Pro-Tem Rikalo running the meeting. 

ADJOURN: Mayor Kennedy adjourned the City Council meeting at 10:48 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 October 7, 2008, 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