AVALON CITY COUNCIL 
TUESDAY, FEBRUARY 5, 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
Lieutenant Ed Cook and Deputy Burt Lyon from the Avalon Sheriff's Station will introduce the new "Community Law Enforcement Group" that will be starting up in the near future.  

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 ADOPTING BY REFERENCE: THE 2007 CALIFORNIA BUILDING CODE, AND BY REFERENCE THE 2006 INTERNATIONAL BUILDING CODE; THE 2007 CALIFORNIA ELECTRICAL CODE, AND BY REFERENCE THE 2005 NATIONAL ELECTRICAL CODE; THE 2007 CALIFORNIA PLUMBING CODE, AND BY REFERENCE THE 2006 UNIFORM PLUMBING CODE; THE 2007 CALIFORNIA MECHANICAL CODE, AND BY REFERENCE THE 2006 UNIFORM MECHANICAL CODE; AND THE FOLLOWING ADDITIONAL PARTS OF THE 2007 CALIFORNIA BUILDING STANDARDS CODE: PART 1, ADMINISTRATIVE CODE, SUBJECT TO PRIOR APPLICABLE MODIFICATIONS TO ADDRESS SPECIAL LOCAL CONDITIONS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON 
REGARDING DEVELOPMENT STANDARDS FOR DEVELOPMENT IN THE HIGH DENSITY ZONE WITHIN THE AREA KNOWN AS THE FLATS AND MODIFYING THE AVALON MUNICIPAL CODE

2. Expenditures
Approve warrants in the amount of $1,257,165.75 and payroll amounting to $188,702.81 for total expenditures in the amount of $1,445,868.56.  
Recommended Action
Approve expenditures in the amount of $1,445,868.56. 
 
3. Catalina Amateur Repeater Association
A proposal from Catalina Amateur Repeater Association, (a group of local ham radio hobbyists), was submitted to the City to install a low power repeater antenna at Buena Vista Point Reservoir. This would provide year round emergency communication as well as communication for our foot race events. 
Recommended Action
Approve the request from Catalina Amateur Repeater Association to place a repeater antenna inside the chain link fence of Buena Vista Reservoir.
 
4. Second Reading of Ordinance - Setback Requirements for Properties in  the Flats
This ordinance was introduced at the last City Council meeting, January 15, 2008. The ordinance would modify a special setback standard previously adopted for the Flats. The setback is measured from any eaves, gutters, or similar installations.
Recommended Action
Adopt the ordinance.
     
5. Second Reading of Ordinance - Building, Plumbing, Mechanical, and Electrical Code Updates- Adoption of Uniform Codes by Reference
This ordinance was read and passed to a second reading at the last City Council meeting, January 15, 2008. When the State Building Standards Commission makes revisions to the various construction codes the City is required to adopt the new provisions.
Recommended Action
Adopt the ordinance 

GENERAL BUSINESS
6. Transportation Permit for "The Barge Electric Bike Rentals LLC"
At the November 20, 2007, City Council meeting "The Barge Electric Bike  Rentals", made a request for a transportation permit to operate on City  streets. Council tabled the proposal for further input from the Avalon Sheriff's Station and the Avalon Fire Department. 
Recommended Action
Discuss and give direction to staff.
 
7. Funding of Sustainability Action Group -Catalina Island Sustainability Plan
The City has funds set aside for updating it's General Plan and Local  Coastal Program. This General Plan has seven elements, one of which is  a Conservation Element. This element addresses the conservation, development and use of natural resources. Staff feels the work proposed  by SAG would support our efforts to update the General Plan.
Recommended Action
Authorize payment of the City's portion of cost of plan, out of funds set  aside for General Plan Update.

8. Formation of Avalon Housing, Inc.
The City Council, at the October 16, 2007 Council meeting, approved the  formation of a non-profit housing cooperation to forward the City's goal of  creating affordable housing. The next issues to be addressed are allocating the initial budget, bylaws, and  board appointment.
 Recommended Action
1) Review By-laws and make recommendations; 2) Allocate Initial Budget  of $5,000.00 from Housing Trust Fund; 3) Approve make up of Board as  recommended; 4) Select Council Member to sit on Board.

CITY MANAGER'S REPORT
 
MAYOR'S REPORT
 
COUNCILMEMBER'S REPORT
 
ADJOURN
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for February 5, 2008, was posted on Thursday, January 31, 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: 7:06 p.m.

ROLL CALL: Present- Mayor Kennedy and Council Members Ponce, Nelson, Winslow, and O'Connor; also present: City Manager Pete Woolson; City Attorney Pam Albers, and City Clerk Denise Radde.
 
ORAL COMMUNICATIONS- None

ANNOUNCEMENTS -None

WRITTEN COMMUNICATIONS- None

PRESENTATIONS
1. Rose'y Rohaley, Regional Manager at Southern California Edison, Catalina Island District, was asked by Councilmember Nelson to speak regarding the rate increases for water and meters. The rate increase is based on approval from the California Public Utilities Commission (CPUC) following public hearings.  The CPUC approval, effective November 15, 2007, was for a 198% rate increase, to be phased in over the next  four years: 97% in what was left of 2007, 30% in 2008, an additional 30% in 2009, and the remainder of 41% in 2010. Rohaley explained that there are different tiers in the rate structure for small, medium, and large users. A customer pays less for using less, and those using more pay more. The City is in Phase 1 of the water rationing program. Edison is distributing free low flow shower heads and sink aerators to reduce water flow. For any questions call 310-510-4312 or come out to the SCE Power Plant, #1 Pebbly Beach Road.

Councilmember Winslow inquired who the high users in town were and Ms. Rohaley replied that Hamilton Cove, Avalon Schools, and the Campgrounds were the highest, followed by the hotels, Two Harbors, and the laundromats.

Councilmember Nelson commented that he has received numerous calls from Avalon residents who are in sticker shock over the meter charges as compared to the water usage charges. The City Fire Code requires people to install a fire sprinkling system when constructing a new building or making significant changes in use or the structure.  This requires a larger pipe going to their meter, and now these people are being penalized for this by having to pay a higher price for their meter. Rose'y replied that these rates were approved by the CPUC and it is a service charge for having the meter, and these charges are still below the industry average. If a customer choices to conserve and stays under the allotted 2,500 gallons a month, the bill will reflect this. Ms. Rohaley also informed the public that Edison has a level pay plan and a Care Plan for qualifying customers. Mr. Nelson ended by encouraging the public to contact the CPUC and Southern California Edison expressing your disappointment with the rate increases.

2. Lt. Ed Cook, Avalon Sheriff's Station Commander, and Deputy Burt Lyon, announced that there will be a community meeting February 20, 2008, at 7:00 p.m., in the City Hall Council Chambers. The purpose of the meeting is to discuss issues, problems and anything of concern to community members and to help the public know what the correct process is if they have a complaint or information for local law enforcement. There will be an interpreter for our Hispanic population. Lt. Cook wants to eliminate the middle man and bring issues forward, in hopes of getting the community involved and making Avalon a better place. His focus is on professional law enforcement, which means that if his deputies see something dangerous he wants them to issue the appropriate citation.  He is responsible for the actions of his personnel and supports them 100%, but he does not want to make this a "police state" or instill fear in the public.

At the regular meeting of the Avalon City Council, February 5, 2008, the following actions were taken:

CONSENT CALENDAR
Regarding Item #3 ((lease at Buena Vista Point for a low power repeater antenna), Mayor Kennedy asked if the Catalina Amateur Repeater Association would be providing their own insurance, and Councilmember Nelson wanted verification that there was no cost to the City or maintenance required on our part. City Attorney replied yes, standard insurance coverage is required under the lease and confirmed that there will be no cost or maintenance responsibilities for the City.  She also stated that the lease requires the Association to ensure that their equipment does not interfere with other equipment located at Buena Vista Point.  Motion to approve five items on the Consent Calendar as recommended by staff made by Dan O'Connor, 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 warrants in the amount of $1,257,165.75 and payroll amounting to $188,702.81 for a total expenditure of $1,445,868.56.

3. Authorized the City Manager to execute a $1 per year lease for a term of five years to the Catalina Amateur Repeater Association enabling them to place a repeater antenna inside the chain link fence of Buena Vista Reservoir.

4. Adopted Ordinance 1065-08 regarding development standards for development in the high density zone within the area known as the Flats and modifying the Avalon Municipal Code.

5. Adopted Ordinance 1066-08 for building, plumbing, mechanical, and electrical code updates and adoption of uniform codes by reference.

GENERAL BUSINESS
6. Transportation Permit for "The Barge Electric Bike Rentals LLC" - (Michael Ponce, as an employee of Brown's Bikes, abstained).  This item, regarding a transportation permit application by The Barge Electric Bike Rentals for a permit to rent 12 electrically assisted bicycles, was continued from the November 20, 2007 meeting.  Avalon resident, Mary Story, addressed Council in favor of approving the bikes because she has been using a similar pedal assist bicycle for a number of years, and she wanted to verify that they are safe. Mesa Bradley addressed Council again on her concerns regarding the rider's safety and the added traffic to the streets of Avalon.

Councilmember Dan O'Connor had done a test ride on one of the bikes and stated they were safe and did not go too fast. Councilmember Winslow was not in favor due to safety reasons and setting a precedent. Councilmember Nelson and Mayor Kennedy wanted to hold it over for two weeks to allow them time to have a test ride, which they noted had been one of the reasons why the matter had been held over but the bicycle was only available that day.   Matter was continued to the February 19, 2008, Council meeting.

7. Funding of Sustainability Action Group - Catalina Island Sustainability Plan
City Manager, Pete Woolson, explained that state law requires the City to adopt a General Plan with seven mandatory elements, one of which is a Conservation element.  Mr. Woolson recommended that the City pay $10,000, which is its share of the cost of the Catalina Island Sustainability Plan currently being prepared by USC's Energy Institute, the money will come from funds budgeted for the General Plan update, since the information being prepared by USC will be used for the Conservation element.  Motion by Michael Ponce, seconded by Tim Winslow. (All Ayes) Councilmember Nelson thanked Pete Woolson for thinking outside of the box and coming up with a creative way to fund this project.

8. Formation of Avalon Housing, Inc. - City Manager, Pete Woolson, summarized the staff report which explained the purpose and function of the proposed non-profit private corporation to address housing issues and projects, with the recommended name of Avalon Housing, Inc. Councilmember Nelson requested additional information.  Amanda Cook, Planning Director, stated that the non-profit corporation could serve a variety of functions which cannot currently be handled by existing City staff. Cook and City Attorney Albers stressed on a number of factors in favor of funding the creation of the corporation:
* It will be a non-profit organization and therefore is not subject to many of the restrictions and limitations that apply to government entities
* The corporation's mission will be to facilitate the development of decent rental and for purchasing housing for residents and the workforce in Avalon
* It is the natural evolution after the Housing Task Force
* It's single and sole purpose is housing
* The City has control over whether to provide funding, lease property to or otherwise involve the group in City-related projects

Motion by Dan O'Connor, seconded by Michael Ponce to 1) Approve the formation of Avalon Housing, Inc. as set forth in the draft Articles of Incorporation and By-laws,
2) To approve payment of $2,500 from the Housing Trust Fund's for filing fees and other charges relating to the formation of the non-profit corporation, with the remaining $2,500 to come from ACIA, and 3) To have the ACIA determine one of its members to sit on the board of Avalon Housing, Inc. at its next ACIA meeting, seconded by Michael Ponce. (All Ayes)

CITY MANAGER'S REPORT - None
 
MAYOR'S REPORT
Mayor Kennedy told the City Manager that when hard rains fell the previous Sunday he received calls from concerned citizens asking why the k-rails had not been deployed in the alley ways, etc. Mr. Woolson stated that the k-rail placement is contingent upon the weather forecast and the hard rains were not predicted.  However, he stated that no mud or debris flows or other drainage problems occurred during the last storm.
 
COUNCILMEMBER REPORTS - None
 
ADJOURN: 9:00 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 February 5, 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