AVALON CITY COUNCIL 
TUESDAY, JANUARY 15, 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, Avalon Sheriff's Station, will address City Council on the recent activities in town. 

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. 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 of the December 18, 2007 City Council Meetings.

3. Expenditures
Approve warrants in the amount of $1,034,687.30 and payroll amounting to $376,289.89 for total expenditures in the amount of $1,410,977.19.  
Recommended Action
Approve expenditures in the amount of $1,410,977.19. 
 
4. Claim Filed by Darin Gruber
A claim was submitted to the City by Darin Gruber for alleged damages to his dingy and fraud and discrimination by harbor employees in the amount of $20 Million. 
Recommended Action
Deny the claim.
 
5. Island Enterprises- Modification of Franchise to Add Vessels
Island Enterprises has submitted a request for the addition of two 54' vessels that have the ability to transport ADA passengers, to be used for the tendering of cruise ships, tours, and charters.
Recommended Action
Approve the modification of Island Enterprises Franchise to include two new 54' vessels that are able to transport ADA passengers with recommended conditions.

6. Catalina Snorkel and Scuba- Lease Renewal
The term on Catalina Snorkel's lease has expired and needs to be renewed. Provisions have been added to the lease.
Recommended Action
Approve the three year lease renewal for Catalina Snorkel and Scuba with  conditions.

7. Building, Plumbing, Mechanical, and Electrical Code Updates- Adoption of Uniform Codes by Reference
When the State Building Standards Commission makes revisions to the various construction codes the City is required to adopt the new provisions.
Recommended Action
Introduce the ordinance and pass to a second reading.
     
GENERAL BUSINESS
8. Waterside Project Application Modification- Island Water Charters
Island Water Charters submitted a modification to their current Waterside 
Permit to include parasailing. They propose to sell tickets at Avalon  Seafood, use Pleasure Pier floats for loading, and replace one of their 20'  boats with a 27' vessel. The Harbor Committee, at the last meeting, voted  5-1 against granting the modification.  
Recommended Action
Staff recommends modification of Island Water Charters to conduct parasail operations with listed conditions. 

PUBLIC HEARING
9. First Reading of Ordinance Revising Section 9-5.406- Standards of Development For Designated Area in HD Zone and Adoption of Negative Declaration for Same
In September 1999 a City Ordinance was passed that allowed for development up to a zero lot line on one side with a development agreement with the property owner adjacent to the proposed zero lot line. This has created the possibility of having new homes being built with only several inches between them. Staff's proposal is to limit the setback opposite to the required 3 foot setback to 12inches.
Recommended Action
Review proposed ordinance and discuss. If there is consensus, adopt the Negative Declaration and introduce ordinance and pass to a second reading.

CITY MANAGER'S REPORT
Pigeon Control Proposal
Engineering Report on Pebbly Beach Road

MAYOR'S REPORT
Animal Task Force update

COUNCILMEMBER'S REPORT
 
CLOSED SESSION
Closed Session pursuant to Government Code section 54954.9(b) to discuss threatened litigation/claim by Mark Bonilla with legal counsel.

ADJOURN

NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for January 15, 2008, was posted on Thursday, January 10, 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, Secretary to the City Manager/ City Clerk

CALL TO ORDER: 7:02 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 COMMUNICATION- None
 
ANNOUNCEMENTS
Greg Bombard, CEO of Catalina Express, announced that service will be temporarily suspended at the Long Beach Catalina Landing from January 16 through February 29, 2008, due to dredging to remove the silt build up that has been accumulating since the rains of 2005 from the rain run-off of the LA River. The US Army Corp of Engineering will be conducting the much needed dredging of the Long Beach channel. The Catalina Express is trying very hard to address all the issues that will be affecting the Islanders traveling to the mainland, including shuttle service to cars parked in Long Beach and vouchers for those who have prepaid parking in Long Beach. Mr. Bombard handed the Council a schedule of the service for transportation of the boats into San Pedro and the shuttle service.

WRITTEN COMMUNICATION- None

PRESENTATIONS
Lt. Ed Cook, Commander at the Avalon Sheriff's Station, gave Council an update on events over the last couple of months. He stated that the community has been very warm and receptive to him. He is also impressed with his volunteers at the station, the CERT team, and his staff. He feels his staff is a very dedicated group and have a true commitment to quality law enforcement. The sheriff's have a patrol boat now that they will use to transport prisoners. If the public feels uncomfortable in coming in to see them they can call 310-510-0924 to report anything. Councilmembers Winslow and Kennedy had comments for the Lieutenant, they are impressed with the arrests that his station personnel have been making and that morale has increased at the station. Lt. Cook wants the citizens of Avalon to feel safe, and he will stress enforcing the law fairly and consistently. His focus is quality law enforcement.

In response to a question from Councilmember Nelson, Lt. Cook said he prefers to be called Ed. Nelson also asked the City Manager if he was going to address the issue of adding an additional deputy.  Mr. Woolson stated that Councilmember Winslow sent a letter to Supervisor Knabe requesting him to provide monies from his discretionary fund for an additional Avalon deputy.  Supervisor Knabe replied that he will pay for half the cost of a deputy and the City would have to pay the other half.  Woolson reported that the total cost of an additional, which includes benefits, insurance, overhead, equipment, in addition to the basic salary, would be $183,000.  Mr. Nelson asked that this come back as an agenda item. Pete Woolson assured him that it would at a later date.

At 7:30 p.m. the City Council adjourned to the Avalon Municipal Hospital Board of Trustees Meeting and reconvened at 7:48 pm.

At 7:48 p.m. the City Council adjourned to the Avalon Community Improvement Agency Board of Directors Meeting and reconvened at 8:02 pm.

At the regular meeting of the Avalon City Council, January 15, 2008, the following actions were taken:

CONSENT CALENDAR
There were seven items on the Consent Calendar; Mayor Kennedy removed Item #6 because he must abstain as he operates a competing business; Item #4 was pulled to permit a statement by resident  Darin Gruber, and Item #5 was pulled at Harbor Master Brian Bray's request. Motion by Scott Nelson, seconded by Michael Ponce, to approve as recommended Consent Items 1, 2, 3 and 7. (All Ayes) Mayor Kennedy asked the City Attorney if the Building Code ordinance included "green" building standards.  She replied that this ordinance is strictly an update of the technical building, mechanical, plumbing  and electric standards and the City adopted last year the most current Energy Code. Regarding Item #3 Mayor Kennedy asked why the warrants had an expense for flood mitigation on them when this expense was not a budgeted amount, since the warrant report states that it includes budgeted items. Pete Woolson stated the Mayor was correct that the total for the flood mitigation has not been included in a resolution to amend the budget yet, although this payment is within the original $350,000 that the City Council authorized as an emergency expenditure.

1. Approved reading of Ordinance Title(s) and Motion to waive pursuant to Government Code Section 36934.

2. Approved City Council Actions of the December 18, 2007 meeting.

3. Approved warrants in the amount of $1,034,687.30 and payroll amounting to $376,289.89 for a total expenditure of $1,410,977.19.

7. Introduced and passed to a second reading an ordinance for building, plumbing, mechanical, and electrical code updates- adoption of uniform codes by reference.

Pulled Items:
6. Catalina Snorkel and Scuba- Lease Renewal -(Mayor Kennedy abstained)  The City Attorney reported that a slight modification should be made to permit the lessee to make the scheduled reimbursement payment for the City's road repairs on September 1 of each year, rather than July 1.  Motion by Tim Winslow, seconded by Michael Ponce to approve the renewal of Catalina Snorkel and Scuba lease to David Lieberman for 3 years on the terms noted by the City Attorney.  (4 Ayes, 1 Abstention-Mayor Kennedy)

5.  Island Enterprises- Modification of Franchise to Add Vessels- Harbor Master Brian Bray pulled this item because Dave Howell, VP of Island Enterprises, was in the audience and wanted to address Council regarding one of the conditions being recommended by staff.  The item is a request to amend the franchise agreement to permit two new 54' vessels that would accommodate ADA passengers. Mr. Howell requested permission during the months of April 15th to October 15th to use Float 5, and not be restricted to only the use of their dock.  Motion by Scott Nelson, seconded by Michael Ponce to approve the modification of Island Enterprises Franchise to include two new 54' multipurpose vessels with the recommended conditions and modify  condition #2 to state they may use the City Float 5 on Cruise Ship days when necessary.  (All Ayes)

4.  Claim Filed by Darin Gruber- (This item was removed from the Consent Calendar as Mr. Gruber was in the audience to address Council.) Pete Woolson summarized the staff report and gave Council staff's recommendation to deny the claim for $20,000,000 for damages to Darin Gruber's dingy and pain and suffering in connection with alleged fraud and discrimination by Harbor employees. The City Attorney explained the claim process to Mr. Gruber and what could be accomplished tonight. In essence, it is a mandatory step in order to sue the City and permits the City an opportunity to resolve matters where possible.  However, in light of the amount of damages and the results of a limited investigation, it was apparent that the City would need to reject the claim.  Mr. Gruber then addressed Council at great length about his experiences and interactions with Avalon Harbor employees while living aboard his boat.  Councilmember Nelson asked Mr. Gruber what it would take to make him happy and whether a public apology in the newspaper would satisfy him.  Mr. Gruber stated "No" Motion by Tim Winslow to deny the claim, seconded by Michael Ponce. (4 Ayes, 1 No- Scott Nelson)

Break 9:50-9:55

GENERAL BUSINESS
8. Waterside Project Application Modification - Island Water Charters submitted an application to modify their current Waterside Permit to include parasailing. Arguments for and against were heard from the owners of Island Waters Charters, the Harbor Master, Carol Bauer and other concerned citizens. The issues of safety and congestion were considered.  Nathan Lins, the permittee, stated that he did not have any objections to the proposed conditions.  Motion by Scott Nelson to approve modification with listed conditions and to be reviewed at year's end for renewal, seconded by Tim Winslow. (4 Ayes, 1 No-Michael Ponce)

PUBLIC HEARING
9. First Reading of Ordinance Revising Section 9-5.406- Standards of Development for Designated Area in HD Zone and Adoption of Negative Declaration for Same-  Amanda Cook, Planning Director, explained the "Flats ordinance" which was adopted in 1992 as a means of maximizing development of the small lots and avoiding the constant need for variances.  The Planning Commission and staff have brought this ordinance forward because an unintended result of the current ordinance is that there is the possibility of having new homes built with only several inches between them.  The proposed ordinance requires that the setback opposite be at least 12 inches. The result would be that the minimum possible separation between two structures after redevelopment would be 24 inches. The wall on the side of the structure with less than 3 foot setback would still be required to meet firewall construction standards and could not have operable windows.   Nelson expressed concern that the measurement be made from any extensions from the building rather than the wall, as he related his experience with gutters abutting each other under the current ordinance.  Motion by Dan O'Connor to adopt the Negative Declaration and pass the ordinance to a second reading  as amended to state that the setback is measured from any eaves, gutters or similar installations, seconded by Tim Winslow. (All Ayes)

CITY MANAGER'S REPORT
1. Pete Woolson reported that Pam Albers had researched different options for the City's pigeon problem. The best solution seems to be OVO Control, which is a food containing birth control that is specifically formulated so that other birds will not ingest it and is approved by the EPA and environmental protection groups.  However, OVO Control states that a licensed pest control person should distribute the material. The City had received one estimate from Catalina Pest Control and the cost of the food material and the labor would be $500 a week or $26,000 a year. Since a pigeon lives for about 4 years, the City might expend $100,000 before seeing any reduction in the number of pigeons. A second estimate is coming from Dewey Pest Control this week. Pete Woolson suggested that the City look into getting a City crew person licensed to administer the material, if the City Council is willing to spend this kind of money to address the problem.

2. Pete Woolson gave a report on the second Geotechnical Engineering Evaluation of rockfall hazards along Pebbly Beach Road from engineer Keith Tucker. Mr. Tucker gave several recommendations. Option #1 is placing metal posts that would extend 15 feet above the slope face and be installed approximately 20 feet above the roadway level and cover about 2650 lineal feet. Ron Rinehart the City Building Inspector researched the cost of this mitigation and estimated that it would take at least $1.5 million to accomplish it.

Mr. Woolson stated he met with a SCI Co. representative and was informed that SCI Co. would require the City to use SCI Co.'s insurance company to insure Pebbly Beach Road and hillside before they would give the City the right of way to use the road. Their insurance company stated we would have to insure all our roads with them. PARSAC is not going to let us back out some of the roads from our coverage, so therefore the City would be paying double for road coverage insurance. SCI's insurance company is going to get back to the City with a quote.

MAYOR'S REPORT
Mayor Kennedy gave an update of the Animal Task Force efforts regarding feral cats. They are currently evaluating a proposed idea to trap the cats in Falls Canyon, have Dr. Denney evaluate them, put the healthy cats up for adoption, or the cats could be placed in a designated Conservancy habitat area. Any sick cats would be euthanized. Mayor Kennedy feels this is an ordinance issue and he would like to see licensing of all animals. He requested that this issue get brought back to Council.
 
COUNCILMEMBER REPORTS
Councilmember Nelson addressed several topics:
1 Vons has failed their part in getting the shopping cart magnetic strips placed in the road but they have promised that it will be done in the near future.  
2 Mr. Nelson would like to see a general clean up of the town and asked for volunteers - contact him at scottnelsoncitycouncil@hotmail.com  
3 Councilmember Nelson announced that he would be painting k-rails on Tremont Street this Saturday at 9:00am. If you would like to assist, meet him there.
4 Mr. Nelson spoke about the idea of Solar Cities, an organization that underwrites the cost of solar systems for 15-20 homes in a community, which is paid off over time at a significantly lower rate than our current SCE rates.

CLOSED SESSION- 10:19-10:26pm
Following the Closed Session, the City Attorney made the following report: The City Council met with the City Manager and legal counsel in Closed Session pursuant to Government Code section 54954.9(b) to discuss threatened litigation and claim by Mark Bonilla for falling from his wheelchair on Float 4. The claim will be settled for $25,000 with Catalina Express paying one half of the settlement.  (All Ayes) No other matters were discussed and no other action taken.

ADJOURN: 10:28 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 January 15, 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