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AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 18, 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 COUNCIL OF THE CITY OF AVALON MODIFYING LIMITATIONS ON THE ISSUANCE OF NEW RESIDENT VEHICLE PERMITS
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 November 4, 2008 City Council meeting.
3. Expenditures
Approve warrants in the amount of $265,589.12 and payroll amounting to $188,759.82 for total expenditures in the amount of $454,348.94.
Recommended Action
Approve expenditures in the amount of $454,348.94.
4. Correction of Expenditures
There is a correction to the warrants approved at the September 2, 2008 City Council meeting. Check number #94104 should have been $2,132.72 not $23,123.72.
Recommended Action
Approve expenditures in the amount of $889,269.05 for the September 2, 2008 City Council meeting.
5. A Resolution Authorizing the Finance Director to Execute the Transportation Development Act Claim Form for Article 8 Local Transportation Funds for Fiscal Year 2008/2009
Each year the City is allocated monies from the Los Angeles County Metropolitan Transportation Authority's Local Transportation Fund for either local streets and roads construction and maintenance, or for any unmet public transportation needs.
Recommended Action
Adopt the resolution authorizing the Finance Director to execute the Transportation Development Act Claim Form for Article 8 Local Transportation Funds for Fiscal Year 2008/2009.
6. Ordinance Modifying Two-for-One Issuance of New Resident Vehicle Permits
This ordinance provides that notwithstanding the possible transfer of a resident vehicle permit, upon the death of the permittee the permit will be treated as having expired and will satisfy the two-for-one rule for purposes of issuing a permit to the next person on the waiting list upon the expiration or non-renewal of one other permit.
Recommended Action
Adopt the ordinance providing that the transfer of permits by devise to persons who establish residency will not impact issuance of new resident vehicle permits to persons at the top of the waiting list.
GENERAL BUSINESS
7. Avalon Seafood Request for Rent Reduction
The City has received a request from Avalon Seafood to reduce their monthly rent because of today's economic times.
Recommended Action
Defer this item until such time as a thorough review of all the City's leases can be conducted. Once the review is completed the City Manager will bring back recommendations for appropriate action. It is further recommended that a payment plan be put in place for Avalon Seafood's past due rent for the months of August through October 2008.
8. Modification of Restroom Maintenance Contract
The City's contract with Siria and Luis Bastida for maintenance of City owned restrooms expires January 31, 2009. Proposed changes and a one year extension to the contract are being requested.
Recommended Action
Approve the one year extension of the contract with the proposed changes.
9. Conditional Use Permits for Transient Rentals
City Council has discussed this item at many previous meetings. From those discussions City Staff has come up with further questions to be answered.
Recommended Action
Review recommendations and give direction to staff.
10. Funding for a Public Utility District Feasibility Study to be done by California Strategies
At the last City Council meeting on November 4, 2008 Councilmember Rikalo proposed that the City of Avalon consider forming a water and gas utility district with other stakeholders. Staff was directed to explore this possibility.
Recommended Action
The City of Avalon should not participate in the formation of the district nor expend funds to further study the feasibility of forming a water and gas district.
CLOSED SESSION
Closed Session pursuant to Government Code Section 54957 to discuss Public Employee performance evaluation - 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 18, 2008, was posted on Thursday, November 13, 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, NOVEMBER 18, 2008
CALL TO ORDER: 7:01 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 announced: 1) Kids at Play will be performing a "Pocketful of Seuss" Friday and Saturday, November 21 and 22 at 7:00 p.m. and Sunday, November 23 at 2:00 p.m. Adults are $6 and seniors and children are $4. 2) Correspondence was received from Connie Sziebl acknowledging that she had forwarded our concerns regarding Vons to its Vice President of Governmental Affairs, Daymond Rice.
Councilmember Winslow voiced his concern that the emergency siren can not be heard by residents and businesses out at Pebbly Beach. City Manager Woolson stated that the Reverse 911 will probably solve this problem. Mayor Kennedy suggested that a speaker might be mounted on a building out in that area. 2) Councilman Winslow reminded the public that the City is looking out for its interests by writing to the Public Utilities Commission to find out if and when the significant reduction in fuel prices will result in the termination of higher ticket prices and barge costs as a result of the PUC approved fuel surcharges.
Councilmember Nelson announced that the Avalon High School football team has made it to the playoffs. They will be playing this Friday at Canyon High School in Santa Clarita at 7:00 p.m.
WRITTEN COMMUNICATIONS
City Manager Woolson read a letter from Jerry Williams of San Juan Capistrano voicing his displeasure at the closure of Pebbly Beach Road. Woolson and the City Council expressed surprise because the letter stated that the Santa Catalina Island Company placed blame on the City for the continued closure. The City Manager was directed to write a letter to the Island Company reminding it of the City's efforts to meet the Island Company's requirements for reopening its road, including an affordable insurance quote for adequate liability coverage. Woolson stated that a report from John McNamara, with whom the City contracted to prepare another study requested by the Island Company, about rock fall mitigations measures and their potential cost, should be available in mid-December.
At Mayor Kennedy's request, Rose'y Rohaley of Southern California Edison provided a brief explanation about a notice sent out about Tariff Provisions.
ORAL COMMUNICATIONS- None
PRESENTATIONS - None
Adjourned to the Avalon Municipal Hospital Board of Trustee's meeting 7:14 -7:15 p.m.
CONSENT CALENDAR
There were six items on the Consent Calendar; City Manager Woolson announced to Council that the auditors were here last week and the Finance Director said she will have some financial update information for them next month. Mayor Kennedy acknowledged a revenue comparison sent to the Council for the months of July and August to the same months last year. Motion to approve Consent Calendar Items Nos. 1-6 by Michael Ponce, 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 November 4, 2008 City Council meeting.
3. Approved warrants in the amount of $265,589.12 and the payroll in the amount of $188,759.82 for a total expenditure of $454,348.94.
4. Approved a correction to the warrants of September 2, 2008, for warrants in the amount of $668,103.87 and payroll in the amount of $221,165.18 for a total expenditure amount of $889,269.05.
5. Adopted Resolution 08-20 authorizing the Finance Director to execute the TDA Claim Form for Article 8 Local Transportation Funds for Fiscal Year 2008/2009.
6. Adopted Ordinance 1082-08 modifying limitations on the issuance of new resident vehicle permits.
GENERAL BUSINESS
7. Avalon Seafood-Request for Rent Reduction - Consensus from Council was to follow staff recommendation and defer this item until such time as a thorough review of all City leases can be conducted. Once this has been completed the City Manager will bring back recommendations for appropriate action. A payment plan will also be put in place for Avalon Seafood's past due rent for the months of August through October 2008. Mayor Kennedy questioned the need for percentage rents and the costs associated with audits.
8. Modification of Restroom Maintenance Contract - Motion by Michael Ponce to approve a one year extension to Siria and Luis Bastida for maintenance of specified City owned restrooms to
January 31, 2010, seconded by Tim Winslow. (All Ayes). A request was made for information on the hours of operation of each location.
9. Conditional Use Permits for Transient Rentals- Planning Director encouraged the City Council to discuss the following items and reach a decision on each separate topic:
A) Does the City wish to impose a Cap on the number of transient rentals in Avalon? Public comment that the market generally controls the number of transient rentals, with the current economic downturn resulting in fewer application and more year-round rentals. Consensus of Council was to not impose a maximum cap on the number of transient units City wide.
B) Does the City wish to convert all existing transient permits to a transient license? Extended discussion regarding the distinction between a zoning permit, such as a conditional use permit, and a license where there are not discretionary qualifications attached. Consensus was to establish a process so that existing conditional use permits for transient rentals continue, but to allow any residential property obtain a new "vacation license" that would be similar to a business license, with the current conditions attached.
C) Does the City wish to prohibit/limit transient units in certain areas? Consensus was to allow transient rentals in all zones and not restrict them in certain areas.
D) Does the City wish to establish a policy addressing saturation? Consensus was to have the Planning Director, Amanda Cook, come back with some criteria to determine a saturation level.
E) Does the City wish to establish a policy addressing vehicle use by transient guests? Consensus was to prohibit transient renters to use the vehicle for the rented unit except in Hamilton Cove. It was agreed that in order to honor current reservations for next summer, a later effective date for the new rule should be set. Consensus was to provide an exception if a transient renter has a state issued handicapped placard, in which case, they may use the vehicle.
BREAK 8:25-8:34 p.m.
10. Funding for a Public Utility District Feasibility Study to be done by California Strategies-
This item involved a proposal to fund $10,000 out of a total $50,000 of the cost of a preliminary feasibility study by consultants retained by the Catalina Conservancy to investigate formation of a water district. The report would examine the various statutory approaches, financial feasibility and procedural issues relating to going forward. Councilmember Rikalo lead the talk, stating that she felt very strongly that as a Council they owe it to the public to at least look into the possibility of forming a water district with the other stakeholders, Catalina Island Conservancy, Santa Catalina
Island Company, USC, and others that may be interested. Both pro and con comments where heard from several members of the audience. Council asked to hear from Southern California Edison and Cal Water, both companies have been involved in on-going due diligence regarding a sale and purchase of the water and gas utilities. Sean Heffernan of Cal Water spoke and answered questions and concerns from City Council. Consensus was to stay open to the idea of forming a utility district or water district but to not expend funds at this time toward the feasibility study.
CLOSED SESSION - Cancelled
CITY MANAGER'S REPORT - None
MAYOR'S REPORT
Mayor Kennedy had received a letter from the owner of the Hermosa Hotel and the Beach House Hotel asking the City Council to address the issue of allowing the permitting of an oversized golf cart that is energy and fuel efficient. The City Attorney stated that the Vehicle Hearing Officer needs direction from Council by means of an ordinance in order to permit these. Council directed that the item be brought back.
COUNCILMEMBER REPORT
Councilmember Nelson:
1. Asked if there is a time constraint on obstruction permits. He pointed out that the construction project on upper Metropole for the last three years has impeded the public right away on the sidewalk and street for that entire time. The City Attorney stated since every obstruction has different impacts, the permit should be conditioned to mitigate impacts to the public specific to the particular project, including an appropriate time limit. The City Manager said he would look into this particular problem on upper Metropole.
2. Nelson complained that there has still not been any correspondence or acknowledgment from Vons regarding the strong letter that the City sent to the Company. Hopefully, the letter from Supervisor Knabe's aide will get some attention. Nelson stated that if there is no response by the next meeting, staff should bring forward an ordinance to address the problem.
3. Nelson would like to see a local "economic stimulus" by increasing the subsidy on the commuter ticket book from $50 to $75 for adult ticket books. City Manager Woolson indicated he will have the Finance Department make recommendations on this at the next meeting.
ADJOURN: Mayor Kennedy adjourned the City Council meeting at 9:25 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 18, 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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