AVALON CITY COUNCIL 
TUESDAY, AUGUST 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
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 ALLOWING THE CITY MANAGER TO GRANT PERMISSION TO PERSONS TO BRING ANIMALS ON CRESCENT (FRONT) STREET AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY OF AVALON PERMITTING USE OF LOADING ZONES FOR NONCOMMERCIAL PURPOSES ON SUNDAYS AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY OF AVALON REGARDING REQUIREMENTS AND PROCEDURES APPLICABLE TO RESIDENTIAL PROPERTIES USED FOR TRANSIENT RENTAL USE AND AMENDING THE AVALON MUNICIPAL CODE

AN ORDINANCE OF THE CITY OF AVALON SETTING PENALTIES FOR CRIMINAL STREET GANG ACTIVITES 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 July 15, 2008, City Council meeting. 

3. Expenditures
Approve warrants in the amount of $1,735,236.20 and payroll amounting to $239,115.77 for total expenditures in the amount of $1,974,351.97. 
Recommended Action
Approve expenditures in the amount of $1,974,351.97.

4. License Agreement for Installation and Maintenance of Early Notification  System - At the June 17, 2008 City Council meeting a presentation was  heard from Emergency Communications Network West regarding their emergency notification system. Council motioned to solicit a specific  proposal from them. A license agreement has been submitted to the City.
Recommended Action
Authorize the City Manager to execute a one year license agreement.

5. Purchase SCBA Fill Station 
The Avalon Fire Station wants to purchase a high pressure breathing  air compressor. The air fill station from Bauer Compressors is exactly what  they are looking for. It is totally enclosed, movable, and has super air purification. This item has been budgeted for.
Recommended Action
Approve the purchase for a new Bauer air fill station from Bauer  Compressors for the price of $45,397.83.

6. Authorization of Direct Assessments on County Tax Rolls FY 2008-09
The County of Los Angeles requires the City Council to annually adopt a  resolution authorizing the sewer, saltwater, trash and grease assessments  be placed on the County Tax Rolls.
Recommended Action
Adopt the resolution authorizing direct assessments on the County Tax  Rolls for Fiscal Year 2008-09.

7. Animals on Crescent Avenue
This is the second reading of an ordinance that will authorize the City  Manager to grant a permit allowing animals in connection with special  events or activities, permission to be on Crescent Avenue.   
Recommended Action
Adopt ordinance.

PUBLIC HEARING
8. Property Related Fee Review for Fiscal Year 2008/2009
This is a second Public Hearing for property related fees which require notice to all property owners. This year the fee increase is 5% for sewer and salt water and 10% for sanitation services. The fee increases are consistent with the changes in costs associated with contract services, labor costs, materials, supplies and fuel costs.
Recommended Action
Open and continue the Public Hearing for public comments regarding fees and charges, for property related fees for FY 2008/2009, and adopt the resolution establishing fees for property related services for FY 2008-2009.

9. Return $415,000 of Prop A Beach Front Improvement Funds Designated for a Community Center in Exchange for $415,000 for the Joe Machado Field Restoration Project
The City was rewarded a grant for the specific purpose of building a Community Center through Prop A Funds. Unfortunately, the grant amount is not sufficient to build the Community Center and there are no additional grant funds available. Due to restraints on the Prop A grant funds they can not be transferred to another project. An exchange of funds can be made if the City gives back the money.
Recommended Action
Hold a public hearing discussing returning the $415,000 Prop A Beach Front Improvement Grant in exchange for $415,000 for the Joe Machado Field Restoration Project.
 
GENERAL BUSINESS

10. Transportation Permit Application for "The Hermosa Hotel" and "Catalina Beach House" - A request has been received from the Hermosa Hotel and the Catalina Beach House for a Transportation Permit. They are proposing to transport guest between their hotel properties and the transportation hubs.
Recommended Action
Discuss and give direction to staff.

11. Ordinance Permitting Use of Loading Zones for Noncommercial Purposes on Sundays 
At the June 17, 2008 meeting, City Council directed the City Attorney to draft an ordinance to codify the longstanding unwritten policy of not enforcing the yellow loading zone restrictions on Sunday.
Recommended Action
Introduce the ordinance and pass to a second reading.

12. Citizen Law Enforcement Advisory Board
Some Council members have expressed an interest in forming a Citizen Advisory Board to help facilitate communication between the Los Angeles Sheriff Department and the community.
Recommended Action
Discuss the matter of possibly creating a Citizen Law Enforcement Advisory Board and direct staff accordingly.
 
13. Minor Obstruction of Public Sidewalks and Alleys 
City Council has been debating on the issue of obstruction permits since March. Consensus is needed to proceed forward with a new revised ordinance.
Recommended Action
Discuss and provide specific direction to staff.   

14. Conditional Use Permits for Transient Rentals
City Council at the July 1, 2008 meeting reached a consensus on several proposed changes to the Transient Rental Ordinance.
Recommended Action
Adopt changes to the Transient Rental Ordinance.  

15. Ordinance Prohibiting Specified Activities by Criminal Street Gangs
City Council directed staff to investigate whether ordinances might be adopted to assist the Sheriff's Department in addressing the problem of gang activity in the City. Lt. Cook suggests the adoption of an ordinance prohibiting loitering.
Recommended Action
Introduce the ordinance and pass to a second reading.
 
CITY MANAGER'S REPORT 
MAYOR'S REPORT 
COUNCILMEMBER'S REPORT
ADJOURN

NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for August 5, 2008, was posted on Thursday, July 31, 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, AUGUST 5, 2008

CALL TO ORDER: 7:00 p.m.

ROLL CALL: Present- Mayor Kennedy, Mayor Pro Tem Rikalo, and Council Members Ponce, Winslow, and Nelson.  Also present: City Manager Pete Woolson; City Attorney Pam Albers, and City Clerk Denise Radde.

ANNOUNCEMENTS 
Michael Ponce announced that CHOICES is having a Family Luau on Monday, August 18, from 6-9 p.m. Admission is free and a BBQ meal will be available for only $5 per person. This event will be fun for the entire family with music and games for all ages. CHOICES promotes healthy activities that are fun, and free of alcohol and drugs.

Councilmember Winslow commented on the Yellow Jacket problem. He questioned if there were as many traps out as in the past. The City Manager commented that there was an article in the paper a few weeks ago, stating that it had been an unusually high year for Yellow Jackets. Councilmember Rikalo said that up at her restaurant, at the Airport in the Sky, she has placed several traps that she purchased after conducting research on the Internet and they appear to be working very well. Councilmember Rikalo will get the information to Pete Woolson.  Pete said that he would pass it on to the City's contract bee trappers.

WRITTEN COMMUNICATIONS 
None
 
PRESENTATIONS - None
 
ORAL COMMUNICATIONS
None
 
CONSENT CALENDAR
City Manager Woolson announced that at the request from several Councilmembers, who wished to study the matter further, Item #15 was being removed from the agenda. There were seven items on the Consent Calendar; Councilmember Rikalo removed #2, Pam Albers removed #5.  Motion to approve items 1, 3, 4, 6 and 7 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.

3.  Approved warrants in the amount of $1,735,236.20 and payroll amounting to $239,115.77 for total expenditures in the amount of $1,974,351.97.

4. Authorized the City Manager to execute a one year License Agreement with Emergency Communications Network West, LLC, for installation and maintenance of CODERED, an early notification system.

6. Adopted Resolution 08-12 authorizing the addition of direct assessments to Los Angeles County property tax bills.

7. Adopted Ordinance 1073-08 allowing the City Manager to grant permission to persons and organizations to bring animals on Crescent (Front) Street and amending the Avalon Municipal Code. Also adopted Resolution 08-13 establishing a fee of $185 for processing applications for these permits.
   
Pulled Items:
2. City Council Actions -Councilmember Rikalo sought to clarify and correct item # 7 of the Actions of July 15, 2008, regarding the waiving of admissions tax on ticket sales to entertainment events put on by the SCI Co.  Her understanding of the City Council action was that the City would waive the admission tax for a period of one year, followed by a review, not for one year only. Council agreed with Sue.  Motion to approve City Council Actions from the July 15, 2008 City Council meeting with the correction noted by Sue Rikalo, seconded by Michael Ponce. (All Ayes)

4. Purchase SCBA Fill Station - City Attorney Albers pulled this item because normally when bids are taken there is a minimum of three bids required. In this instance however, Bauer Compressors is the sole source for the needed piece of equipment and the City Council should formally make this finding as part of its motion to approve the purchase.  Mayor Kennedy, who is a volunteer with the Avalon Fire Department, confirmed that this is a special piece of equipment not otherwise available and meets all of the City's unique needs.  Motion by Michael Ponce to approve the purchase of a new Bauer Air Fill Station from Bauer Compressors for the price of $45,397.83, seconded by Tim Winslow. (All Ayes)  

PUBLIC HEARING 7:13-7:14 p.m.
8. Property Related Fee Review for FY 2008/2009 - Second, continued Public Hearing from the August 5, 2008 meeting.   Mayor Kennedy opened the meeting for public comment; no one came forward and so he closed the public hearing. Councilmember Nelson commented that it is becoming too expensive to live here, that an individual does not get a 5% raise each year. Mayor Kennedy commented on his desire to see some kind of data base that could keep better track of all the properties in town, to make sure that each property owner and business operator is paying what is due, and all is fair. Staff reported that Lori Montgomery has made progress with a database and will provide Council with an update. 

Motion by Michael Ponce to adopt Resolution 08-14 approving and setting the property related fees for Fiscal Year 2008-2009, seconded by Tim Winslow. (3 Ayes- Ponce, Winslow, and Rikalo, 2 Noes- Kennedy and Nelson)

9. Return $415,000 of Prop A Beach Front Improvement Funds Designated for a Community Center in Exchange for $415,000 for the Joe Machado Field Restoration Project - Mayor Kennedy opened the public hearing and closed it when no one came forward.  Council then heard a short presentation from Audra McDonald, Grants Administrator, who explained that the $415,000 originally was included as part of the LA County Lifeguard/Paramedic contract negotiations and was earmarked for the Catalina Kid Ventures/Community Center project.  The City contracted and has obtained architectural drawings, which cannot be paid for with grant funds, and it is estimated that this is a $6M + project.  Therefore, the $415,000 grant is insufficient and it is not likely that the City will identify other grant funds to enable the project to proceed anytime in the near future.  During Council discussion it was noted that there is a limited scope of projects that the Prop A funds can be used for.  Motion by Sue Rikalo to return the $415,000 Prop A Beach Front Fund Improvement Grant and accept $415,000 from another source offered by LA County Supervisor Don Knabe, to be used for the Joe Machado Field Restoration Project, seconded by Michael Ponce. (All Ayes)  

GENERAL BUSINESS
10. Transportation Permit for the "Hermosa Hotel" and "Catalina Beach House" - Pete Woolson gave an outline of the requested permit and corrected a fact that was on the staff report, stating that Mr. Malan had pulled a business permit for the Beach House. Comments were heard from the applicant. Mr. Malan clarified that he was requesting two transportation permits, one for each of his hotels. Routes were discussed. City Attorney Albers noted that the transportation permit is not the same as an Avalon vehicle permit, which Mr. Malan must still obtain.  Albers also noted that under a state law passed in 2006, the City cannot grant oversized autoette permits unless the vehicle qualifies for DMV registration under state laws.  Motion was made by Bob Kennedy to approve a transportation permit for each hotel, and the route would be limited in the same manner as other hotels, (Which is between hotel properties and the transportation hubs.) Seconded by Scott Nelson. (3 Ayes- Kennedy, Nelson, and Rikalo, 2 Noes- Ponce and Winslow)   

11. Ordinance Permitting Use of Loading Zones for Noncommercial Purposes - City Manager Woolson reviewed the proposed ordinance. City Attorney Albers stated certain parts of the Traffic Title might lead people to think that anyone may park in the yellow zones to retrieve mail. There was a limited discussion regarding the ordinance, followed by comments about other unrelated parking issues.  Mayor Kennedy requested that the City Traffic Engineer (the City Manager) revisit yellow zones on lower Catalina Avenue. Councilmember Winslow asked if a green curb could be painted in front of Coney Island CITY COUNCIL ACTIONS
AUGUST 5, 2008
PAGE 4

instead of yellow, for the purpose of food pick up. Councilmember Ponce wanted to know what the 2 minute zone at the Mole was for.  Motion by Bob Kennedy to introduce the ordinance as presented and pass to second reading, seconded by Tim Winslow.  (All Ayes)

BREAK 8:06-8:12 p.m.

12. Citizen Law Enforcement Advisory Board - Several Councilmembers had expressed an interest in forming some type of a citizen advisory board as a result of extensive citizen complaints, that many of the Council members have received regarding law enforcement conduct. There was much discussion as to the direction this board should take, who would provide general direction and identify its purpose and goal. Comments were heard from Lt. Cook, Avalon Sheriff Station. Lt. Cook emphasized that on the mainland a committee such as this exists and they cover concerns of the citizens, not specific complaints. Deputy Burt Lyon gave a detailed explanation as to the Los Angeles County Sheriff's Department protocol for its own Citizen Advisory Committee (CAC's) which includes extensive training, oversight and control over membership of the CAC and how it is run. City Attorney Albers stated that she did not believe that the Avalon City Council wished to form a LA County Sheriff controlled CAC.  During discussion, several members of the City Council confirmed their desire to have a City appointed and directed citizen's board.  The City Council was divided as to who should serve on the board and how they would be selected.  Consensus was reached and a motion was made by Sue Rikalo and seconded by Michael Ponce, to form such an advisory board and to continue this item to the next City Council meeting, at which time each City Councilmember would submit a name for consideration.  (All Ayes)

13. Minor Obstruction of Public Sidewalks and Alleys - City Attorney Albers asked for more direction regarding the provisions of this ordinance pertaining to BBQs on City property.  Councilmember Rikalo expressed her desire to allow barbeques, on the public right away, on all streets in the flats; this was seconded by Councilmember Nelson. Ms. Albers was directed to include this in the ordinance, and in addition, to require that the user remove the barbeque grill by dark, unless it is being attended to.   It was agreed that the ordinance, as modified, could be placed on the Consent Calendar next meeting for a first reading.     

14. Conditional Use Permits- City Manager Woolson and City Attorney Albers reviewed the staff report and clarified the proposed changes to the Transient Rental Ordinance, on which it had previously appeared there was consensus of the majority of the City Council.  However, after discussion, it was apparent that consensus could not be reached as to limiting the use of a golf cart by users of a transient rental property; at least one Council member wishes to prohibit all transient rental users from having access to the autoette issued to the rented unit.  Council directed Staff to collect additional information and bring the item back for further discussion and consideration.
        
CITY MANAGER'S REPORT
None
 
MAYOR'S REPORT
The Mayor requested that the City look into lifting the requirement that residents move their vehicle on certain days from one side of the street for street sweeping, since there is no street sweeping with a truck because the City sweeper is in need of repair.   He felt it was unfair for people to be ticketed if there is no need for them to move their vehicles.  Staff was directed to report back regarding this issue.
 
COUNCILMEMBER REPORT
1.Councilmember Nelson reported that notices had been sent out by Southern California Edison, informing the public that the gas rate was going up 45 %, so be prepared.

2. Councilmember Nelson also stated that the City was not awarded the grant it had sought for the purchase of new trash cans.  City Manager Pete Woolson noted that monies raised at the Heal the Bay Concert could cover some of that cost. Mr. Woolson also stated some trash cans had been ordered. Councilmember Nelson asked for Council approval to contact different construction companies to see if they could devise a less expensive trash container.

3. Councilmember Nelson reported that Vons has scheduled installation of the magnetic strips in the sidewalks and street to prevent shopping carts from being removed from the area near the Vons store on Metropole for mid-August. The magnetic strips will stop at the end of the SCI Co. building, (going up Metropole) and extend to just past the alleyway in the other direction.

Adjourned to ACIA at 10:05- 10:32 p.m.

ADJOURNED the City Council meeting at 10:35 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 August 5, 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