AVALON CITY COUNCIL MEETING 
TUESDAY, NOVEMBER 4, 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
US Bank will be giving an informational 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 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 OF AVALON REGARDING TRANSFER OF RESIDENTIAL VEHICLE PERMITS UPON DEATH OF A PARENT TO CHILD WHO ESTABLISHES RESIDENCY WITHIN A SPECIFIED PERIOD AND AMENDING THE AVALON MUNICIPAL CODE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON  MODIFYING LIMITATIONS ON THE ISSUANCE OF NEW RESIDENT VEHICLE PERMITS

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

AN ORDINANCE OF THE CITY OF AVALON REGARDING TEMPORARY VEHICLE PERMITS FOR SPECIFIC PROJECTS 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 October 20, 2008 City Council meeting.

3. Expenditures
Approve warrants in the amount of $727,901.27 and payroll amounting to $193,735.42 for total expenditures in the amount of $921,636.69. 
Recommended Action
Approve expenditures in the amount of $921,636.69.

4. First Amendment to Hamilton Cove Development Agreement   
The City Council conducted a public hearing at the last two meetings on  this item. The amendment will modify the Development Agreement  by  changing the provisions relating to the mandatory time of construction.
Recommended Action
Adopt the ordinance.

5. Ordinance Permitting Adult Children to Inherit Residential Vehicle Permits  Upon Establishing Residency
This ordinance was introduced as modified, at the last City Council  meeting. It will permit children, who are currently not residents and whose  parents have passed, to receive the parent's permit if they establish residency within a one year period of the passing.
Recommended Action
Adopt the ordinance and resolution.
  
6. Sidewalk Maintenance and Repairs and Liability
This ordinance sets standards and procedures for determining when  adjoining landowners are responsible for maintaining the sidewalk that  fronts property they own in a safe and usable manner.
Recommended Action
Adopt the ordinance.

7. Changes to Allow Temporary Vehicle Permits to be Issued to Local  Contractors and Businesses for Specific Projects
This is the second reading of an ordinance that will "level the playing field"  so that local contractors and businesses can qualify for a temporary permit  to use a vehicle for a specific project.  
Recommended Action
Adopt the ordinance

GENERAL BUSINESS
8. Citizen's Advisory Board
The City received a letter from the Los Angeles District Attorney's Public  Integrity Division because a complaint had been made questioning the  legality of closed meetings of the Citizen's Advisory Board (CAB).
Recommended Action
Disband CAB and request a written report from the Chair or a presentation  by its members or direct CAB to hold open, agenized meetings in  accordance with the Brown Act.

CLOSED SESSION
Closed Session pursuant to Government Code Section 54957 to conduct the annual contractual evaluation of the City Manager and the City Attorney.
 
CITY MANAGER'S REPORT 
MAYOR'S REPORT 
COUNCILMEMBER'S REPORT

ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for November 4, 2008, was posted on Thursday, October 30, 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, NOVEMBER 4, 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:
-He congratulated all who participated in the Breast Cancer Walk on Saturday, November 1.
-He reminded residents that the second large item pickup for the city areas that include Sunny Lane to Camino del Monte, Hamilton Cove, and Pebbly Beach housing will take place on  Wednesday, November 5.
-This Friday, November 7 is the annual P.L.A.Y. Preschool craft auction at the Pancake Cottage. Doors open at 5:00 p.m., there is a $5 entry fee which covers dinner, desert, and a raffle ticket.
-This Saturday, November 8 is the annual Triathlon; certain streets will be occupied from 9-12 p.m. so plan accordingly.

Councilmember Winslow announced that next Tuesday, November 11, from 7:00 -10:00 p.m. the Catalina Island Museum will be holding their annual fund raising Telethon. For questions or to make a donation call 510-2414.

Avalon Sheriff Deputy Burt Lyon, gave information on the Great California Shake Out drill scheduled for Thursday, November 13, 2008, starting at 10:00 - 4:00 p.m. They are asking for all residents to practice a Duck, Cover, and Hold at 10:00a.m. when the emergency siren goes off. All Avalon emergency services will be participating in this full scale earthquake and Tsunami emergency exercise. The public is to call 911 if there is a real emergency. For any questions call 510-2015.

WRITTEN COMMUNICATIONS - None
 
ORAL COMMUNICATIONS - None
 
Adjourned to the Avalon Community Improvement Agency meeting 7:10 -7:12 p.m.

PRESENTATIONS
Lori Camacho, from US Bank in Avalon, gave a brief presentation to assure everyone of the stable financial condition of US Bank. She reported that US Bank is the 2nd largest Charter Bank in the nation and has assets worth over $242 billion. The bank is a full service, diversified bank. Councilmember Winslow questioned the absence of a merchant teller and Lori assured Mr. Winslow that she is working on reinstating it. Ms. Camacho has an open door policy, so if the public has any questions please stop by and see her.
 
CONSENT CALENDAR
There were seven items on the Consent Calendar; Mayor Kennedy mentioned that the real date on the Actions, item #2, is Monday not Tuesday. Pam Albers pointed out that on item #5, Ordinance Permitting Adult Children to Inherit Residential Vehicle Permits Upon Establishing Residency, the recommended action should read adopt ordinance amending the Vehicle code and introduce ordinance providing that the transfer of permits shall not impact issuance of new resident vehicle permits to persons at the top of the list and pass to a second reading. Mayor Kennedy pulled item #3, Expenditures, for comment; Councilmember Nelson pulled item #4, First amendment to Hamilton Cove Development Agreement, in order to abstain from the item; Councilmember Rikalo remove item #7 for comment. Motion by Michael Ponce to approve items 1, 2, 5, and 6, 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 October 20, 2008 City Council meeting.

5. Adopted Ordinance 1078-08 regarding transfer of Residential Vehicle Permits upon death of a parent to child who establishes residency within a specified period.

6. Adopted Ordinance 1079-08 regarding landowner responsibility and liability for sidewalk safety and maintenance.

Pulled Items:      
3. Expenditures- Mayor Kennedy noted for a second time that the staff report asserts that the listed expenditures are within the budget; however the council really does not know this for fact. He stated that he felt it was the duty of the Finance Director to give a monthly status report on the financial state of the City. Councilmember Winslow reminded the City Manager about the Council's request for a proposed Financial Contingency Plan for the City. Motion to approve the expenditures by Tim Winslow, seconded by Michael Ponce. (4 Ayes, 1 No-Bob Kennedy)
    
4. First Amendment of Hamilton Cove Development Agreement - Councilmember Nelson abstained from participating on this item. Motion to adopt Ordinance 1080-08 approving a first amendment to the development agreement between the City of Avalon and Hamilton Pacific LLC for the construction of a residential project at Hamilton Cove and associated improvements including support housing at Bird Park and related infrastructure, seconded by Michael Ponce.
(4 Ayes, 1 Abstained- Scott Nelson)

7. Changes to Allow Temporary Vehicle Permits to be Issued to Local Contractors and Businesses for Specific Projects - Councilmember Rikalo noted that someone had suggested business license revocation might be an appropriate penalty.  The City Attorney explained that the proposed penalties include tiered civil fines and a prohibition on obtaining future temporary permits after a due process procedure.  Councilmember Rikalo indicated she was satisfied with the ordinance.  Motion to adopt Ordinance 1081-08 by Tim Winslow, seconded by Michael Ponce. (All Ayes)     

GENERAL BUSINESS
8. Citizen's Advisory Board- City Manager Woolson read the staff report and options proposed.  After a brief discussion a motion was made by Tim Winslow and seconded by Sue Rikalo to disband the Citizen's Advisory Board. (4 Ayes, 1 No-Scott Nelson) After the vote, extensive discussion followed on the course of action to take next, with a majority of Council expressing concerns that the problems associated with the Avalon Sheriff's Department still exist. Lt. Cook chastised the Council and the City Attorney for allowing the Brown Act violation and indicated that a citizen's committee under control of the Sheriff's Department, as he had proposed, would have addressed all concerns.  Consensus from Council was to direct staff to schedule a meeting with Chief Rhambo and Commander Martin to discuss continuing issues with the Avalon Sheriff's Department.   Mayor Kennedy indicated that he would be requesting a citizens group to assist him in formulating a proposed statement of the type of policing that the community desired from its contract law enforcement provider and would report back to the City Council at a future date.
     
CITY MANAGER'S REPORT - None
 
MAYOR'S REPORT
Mayor Kennedy asked if it would be possible to fence off a portion of the Joe Machado Field to allow usage of the field during the construction process. City Manager thought that this was already part of the plan. Mayor Kennedy also asked staff to send a letter to the school asking them for their time line in completing the decontamination project for the school's field. 

COUNCILMEMBER'S REPORTS
Councilmember Ponce inquired if more signage could be posted around the down town area letting visitors know where the public restrooms were.

Councilmember Rikalo stated that although Edison's proposed sale of the water and gas utilities has been moving forward and a qualified buyer has been identified, she is now uncomfortable with the proposed sale to Cal Water.  She feels it is a duty to the people of Avalon to look at forming a water district as has been suggested by the Conservancy and other stakeholders.  Staff was directed to look into the cost and applicable procedures.  Ms. Rikalo suggested that the water district would encompass the entire Island stating that, "we must be in control of our own destiny."

Councilmember Nelson reported on the much delayed installation of magnetic stops for Von's shopping carts, noting that the delay is not the local manager's fault, but that of upper management on the mainland. Mayor Kennedy at this time expressed his displeasure with the poor stocking of food and repeated unavailability of basic foodstuffs. Mayor Kennedy asked staff to write a letter to Von's to request a meeting between its representatives and the City Council.

Councilmember Nelson also asked the City Manager about the status of new signs on Whittley, allowing for a more lenient time frame in which vehicles must be parked on alternate sides. Mr. Woolson said he would report on this at a later date.

CLOSED SESSION 8:20-9:39 p.m.
The City Attorney reported that the City Council held a Closed Session pursuant to Government Code 54957 to conduct the annual contractual evaluation of the City Manager and the City Attorney.   The City Attorney reported that she discussed with Council how the opening of a local business, as well as with the City's insurance authority and an increase in demands for non-legal assistance has impacted her.  It was agreed that she and the City Manager will be assessing the functions of the office and report back.  The City Council also discussed recruitment of a new City Manager to replace Mr. Woolson in two years when he retires. The City Manager will look into hiring a firm to recruit candidates and he will look into the possibility of an in house promotion.  Due to the economic conditions, Mr. Woolson proposed a freeze in his wages until the City has a better sense of where we are financially. No other matters were discussed and no other action was taken.  

ADJOURN: Mayor Kennedy adjourned the City Council meeting ended at 9:41 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 November 4, 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