AVALON CITY COUNCIL
TUESDAY, MARCH 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
Brady Radovich, Solar Cities, will give a presentation on the Community Solar Program they offer to communities, as well as other services that would benefit business owners and residents.

Marty Harding, C.H.O.I.C.E.S., will present to Council the Avalon results of the 2006/2007 California Healthy Kids Survey. This survey is an overview of the usage rates of alcohol and other drugs among Avalon youth.

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 WIDTH RESTRICTIONS FOR CERTAIN VEHICLES TO ALLOW PERMITTING AS AUTOETTES AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY OF AVALON PROVIDING FOR THE ISSUANCE OF TEMPORARY COMMERCIAL VEHICLE PERMITS FOR BUSINESSES IN THE PEBBLY BEACH AREA UPON SPECIFIED FINDINGS AND ON SPECIFIED CONDITIONS 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 February 19, 2008, City Council meeting. 
 
3. Expenditures
Approve warrants in the amount of $817,600.98 and payroll amounting to $378,833.53 for total expenditures in the amount of $1,196,434.51.  
Recommended Action
Approve expenditures in the amount of $1,196,434.51.

4. Second Reading and Adoption of Ordinance Revising Autoette Width to  Accommodate "Smart Cars"
At the February 19, 2008, City Council meeting, Council determined that  minor changes to the Vehicle Ordinance would be appropriate to allow  autoette permits on the Smart Fortwo. The new ordinance will increase the  width allowance by 6 inches, making it a total of 61".
Recommended Action
Adopt the ordinance.

5. Temporary Vehicle Permits for Businesses in Pebbly Beach Area
At the February 19, 2008, City Council meeting, Council directed the City  Attorney to make changes to Ordinance 1049-07 adopted last year, which  allows businesses suffering hardships because of the Pebbly Beach Road  restrictions to obtain a temporary permit for a full size vehicle.
Recommended Action
Introduce ordinance and pass to a second reading. 
 
GENERAL BUSINESS
6. Mid Year Budget Amendments - FY 2007-2008
At a Special City Council meeting on January 29, 2008, Council heard a  presentation on the status of the 2007-2008 budget. Amending the budget  will ratify any adjustments which have resulted from Council Actions, changed circumstances, or unexpected needs.
Recommended Action    
Adopt the resolution amending the FY 2007-2008 budget.

7. Minor Obstructions of Public Sidewalks and Alleys
At the February 19, 2008, City Council meeting, Councilmember Nelson  requested a review of the City's obstruction permitting rules. He feels that  a property owner who is doing work on his property for the purpose of cleaning windows, painting, and similar minor maintenance activities  should be exempted from the permit requirements and / or fees.
Recommended Action
Discuss issue and if there is consensus determine appropriate fee and  adopt fee resolution.    

8. Appeal of Planning Commission Decision for a Conditional Use Permit at 334 Eucalyptus  
At the January 30, 2008, Planning Commission meeting, a Conditional  Use Permit was applied for at 334 Eucalyptus. The Commission heard  from neighboring property owners speaking against any additional CUP rentals to their street. The Commission denied the application.
Recommended Action
Uphold the Planning Commission denial of the application for a Conditional Use Permit at 334 Eucalyptus.

9. Formation of Avalon Housing, Inc.
The City Council approved the initial budget and bylaws for the Avalon Housing, Inc., at the February 5, 2008, meeting. In addition the Council funded half the budget from Housing Trust funds and requested that the other half be funded by the ACIA. The Housing Task Force has made recommendations for the Board of the Avalon Housing Inc.
Recommended Actions
Approve make up of the Board as recommended and select a Council Member to sit on Board.

10. Approval of a Transportation Permit for Segway Tours
In December 2006, City Council granted a temporary Transportation Permit to Segway Tours to conduct guided and custom tours contingent upon certain conditions. Council is now being asked to grant the Transportation Permit since the temporary has expired. Staff believes they have followed all previous conditions. However, in conjunction with the Sheriff's Department recommendations, staff would like to add additional conditions to their transportation permit.
Recommended Actions
Approve the Transportation Permit subject to terms and conditions.

CITY MANAGER'S REPORT
 
MAYOR'S REPORT
 
COUNCILMEMBER'S REPORT

ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for March 4, 2008, was posted on Thursday, February 28, 2008, at the Catalina Island Chamber of Commerce and Visitors Bureau, located on the Pleasure Pier, 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 / Secretary to the City Manager 

CALL TO ORDER: 7:00 p.m.

ROLL CALL: Present- Mayor Kennedy and Council Members Ponce, Nelson, O'Connor, and Winslow. Also present: City Manager Pete Woolson; City Attorney Pam Albers, and City Clerk Denise Radde.
 
ORAL COMMUNICATIONS- None
 
ANNOUNCEMENTS -Mayor Kennedy announced that vehicle registration for all City resident vehicles, including both autoettes and full-sized vehicles, is in full swing at City Hall between the hours of 8:00am and 5:00pm.  Late fees apply after April 1, 2008.

Catalina Kid Ventures is having a St. Patrick's dinner fund raiser on Monday, March 17, 2008, at The Cottage restaurant. Dinner and raffle tickets can be purchased at CKV, the Recreation Department, and from parents.  It will be a traditional corn beef and cabbage dinner.  Tickets are $10/adults and $8/children. There will be two dinner seatings, at 5:30 and 7:00 p.m. and live entertainment will be provided.
 
WRITTEN COMMUNICATIONS - None

PRESENTATIONS 
1)  Marty Harding, Prevention Strategies Manager for Hazeldon and CHOICES, reported the results from the Statewide Healthy Kids Survey 2006-2007. This is a biannual study done by LBUSD. This year, CHOICES was successful in obtaining data limited to 126 Avalon students in grades 7, 9, and 11. The data can be reviewed at www.CHOICEScatalina.org .  Ms. Harding noted that the data did reflect some good news, in that students are starting to use drugs at a later age, but the bad news is that drugs and alcohol are still to easy to obtain.

LeeAnn Human, Prevention Specialist of CHOICES, announced upcoming events for CHOICES:
o Wednesday, March 5, at 7:00 p.m., at the school library, there will be a talk by Deputy Sanders on "What's in your medicine cabinet?' 
o CHOICES is co-hosting Career Day at Avalon Schools on Thursday, March 6, from 9:00a.m. to 12:00 p.m.
o Friday, March 7, is Late Night Open Gym night for grades 6-12, from 7-9:30 p.m.
o Monday, March 10, there will be a Board Coalition meeting at The Landing conference room at 6:00 p.m.
o Friday, March 14, is Free Lunch Friday at school and there will be entertainment.

Marty Harding ended the presentation by commending the concerned citizens of Avalon and the Coalition Board for all their hard work in making CHOICES a successful organization and for making a difference in the lives of children.

2) Brady Radovich, Solar Cities Community Programs Manager, gave a presentation about his company and the possibility of bringing solar power to the residents of Avalon at a discounted rate. Mr. Radovich presented facts about Solar Cities program, from installation, maintenance, warranty, and placement of panels. In addition to City facilities, Solar Cities would need the commitment from owners of 30 residential homes or businesses in town in order for the program to be economically feasible. Councilmember Nelson thanked Mr. Radovich for coming and said he has already had his home and City Hall assessed. Solar Cities will assess any home or business free of charge.  Councilmember Nelson asked any interested person to contact City Hall and directed staff to prepare a sign up list.

CONSENT CALENDAR
There were five items on the Consent Calendar; John Regalado, Avalon resident and co-owner of Catalina Yamaha, asked to have Item # 4 pulled so that he could address the Council. Motion to approve, as per staff recommendation, Items 1, 2, 3, and 5 by Scott Nelson and seconded by Michael Ponce. (All Ayes)     
1. Approved reading of Ordinance Title(s) and Motion to waive pursuant to Government Code Section 36934.

2. Approved City Council Actions of February 19, 2008.

3. Approved warrants in the amount of $817,600.98 and payroll amounting to $378,833.53, for total expenditures of $1,196,434.51.

5. Introduced and passed to a second reading an ordinance providing for the issuance of temporary commercial vehicle permits for businesses in the Pebbly Beach area upon specified findings and on specified conditions.

Pulled Item:
4. Second Reading and Adoption of Ordinance Revising Autoette Width to Accommodate "Smart Cars"- John Regalado addressed Council on his many concerns with the proposed ordinance, noting that the SmartCar is not an alternative fuel vehicle.  He also expressed concern that, as has happened in the past, other cars will come along that will require additional adjustments to the vehicle ordinance.  Moreover, he stated that the Smart Car travels much faster than the golf cart and could be dangerous with reckless drivers. Jack Tucey spoke in favor of the ordinance change. Council members gave their points of views. Motion to adopt Ordinance 1067-08 by Dan O'Connor and seconded by Tim Winslow. (4 Ayes, 1 No- Michael Ponce)

GENERAL BUSINESS
6. Mid Year Budget Amendments- FY 2007-2008 - Adopted Resolution 08-01 amending the budget for Fiscal Year 2007-2008 

7. Minor Obstructions of Public Sidewalks and Alleys- City Manager, Pete Woolson, summarized the existing obstruction permit purpose and current process. Councilmember Nelson had requested this issue be brought before the Council because he felt it was unfair to require residents who want do minor work, i.e.: washing windows, cleaning their rain gutters, etc., to pay a $58.50 permit fee. Nelson moved to create a new category of obstruction permits for minor residential maintenance activities which take 3 hours or less, for which there will be no permit fee, seconded by Tim Winslow. (All Ayes)
 
8. Appeal of Planning Commission Decision for a Conditional Use Permit (CUP) at 334 Eucalyptus - Owner of 334 Eucalyptus, Jim McConica, addressed Council stating his love for the Island, the reasons he has requested the Conditional Use Permit, and requested Council to please consider his request. Charlie Behrschimdt, a resident and concerned neighbor on Eucalyptus Street, firmly stated his opposition because of the large number of transient rentals on his street, creating noise impacts. Comments were also heard from other members of the audience, both in opposition and in favor. Kevin Strege, Manager of Catalina Island Vacation Rentals, spoke about the significant permit application fees for CUPs, and the need for consistency in the Planning Commission's decisions. He also questioned assumptions about whether the number of active transient rentals is increasing, noting that owners of 20 of the rentals his company handled have decided to not rent transiently. Motion by Dan O'Connor to allow the Conditional Use Permit, conditioned to limit occupancy to 8, and to prohibit transient renters to use the owner's autoette, seconded by Michael Ponce. (All Ayes)

BREAK 9:25-9:31 p.m.

9. Formation of Avalon Housing, Inc. - The Housing Task Force presented its recommendations for the first board members of Avalon Housing, Inc.:
City Council Member Michael Ponce, City Planning Director Amanda Cook, SCI Co. Ron Doutt, Housing Task Force Eric Huart, and Kevin Strege, Manager of CIVR. 
Motion by Scott Nelson to approve the Board as recommended and to appoint Michael Ponce as the Council representative on the AHI Board, seconded by Bob Kennedy. (All Ayes)  

10. Approval of a Transportation Permit for Segway Tours - Pete Woolson explained to Council the new conditions that staff is recommending be attached to the permit renewal and a change of route request from the applicant. Joe D'Albertos, owner of Segway Tours, asked Council to consider adding Mt. Ada Road and Country Club Drive to the guided tour routes, and to allow the minimum age to drive a Segway to be lowered from 16 years to 12 years of age. Mr. D'Albertos stated that his insurance company permits him to offer the tour to minors of this age. Discussion was held regarding Mt. Ada Road and the idea of placing a pedestrian/ bike path on the road. City Manager Woolson indicated that the road is too narrow, particularly with the current two way travel, and so this idea was tabled until Mt. Ada Road becomes a one way road again. Motion by Bob Kennedy to approve the transportation permit, allow the addition of Country Club Drive to their tours, and allow the minimum driver's age of 12 years, (subject to approval by the Sheriff's Department), seconded by Dan O'Connor. (3 Ayes, Kennedy, Ponce, and O'Connor- 2 Noes, Nelson and Winslow)

CITY MANAGER'S REPORT - None
 
MAYOR'S REPORT - Mayor Kennedy asked Lt. Cook to address the rumors around town regarding recent assaults. Lt. Cook stated that the Sheriff's Department had two reported attacks and was investigating a possible third attack.  Details of the investigation cannot be released at this time, but Lt. Cook stated that these are not random attacks but had a common denominator.  He encouraged everyone to exercise caution and common sense and to be aware of their surroundings and to report anything suspicious. Lt. Cook emphasized that Avalon is still the safest place in LA County. 

COUNCILMEMBER REPORTS - None
 

ADJOURN: 10:00 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 March 4, 2008, is the official record of that Council Meeting and is on file and maintained in City Hall.

_____________________________                                            
Denise A. Radde, City Clerk/Secretary to the City Manager