AVALON CITY COUNCIL 
TUESDAY, MAY 6, 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
1. John Schneider and Rob Miller, Tower 17 Production, will give a presentation on the six hour TV mini series, Twentysixmiles.

2. Rose'y Rohaley, regional Manager of Southern California Edison, Catalina Island District, will address Council regarding the possible sale of the SCE Water and Gas Utility Plant on the Island.

3. Wayne Griffin, President and CEO Catalina Island Chamber of Commerce and a member of the Island Ways Committee, will give a presentation on goals and ideas the group has that would offer visitors a new experience on the Island, extend their stay and give the visitor a reason to come back.

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 PROVIDING FOR A LIMITED PARKING PERMIT SYSTEM FOR BUILDING SERVICE CONTRACTORS, ESTABLISHING PROCEDURES THEREFOR 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 April 1 and April 15, 2008, City Council  meetings.  

3. Expenditures
Approve warrants in the amount of $815,186.31 and payroll amounting to $196,650.12 for total expenditures in the amount of $1,011,836.43.  
Recommended Action
Approve expenditures in the amount of $1,011,836.43.

4. Used Oil Recycling Grant Resolution    
The California Integrated Waste Management Board requires a resolution  from the City authorizing the City Manager to submit an application for a  grant that would give the City $5,000 each fiscal year from 2008-2012, for  the City to continue the Used Oil and Oil Filter Collection sites at the Fuel  Dock, Mechanics Garage and the Household Hazardous Waste site.
Recommended Action
Adopt the resolution.

5. Vehicle Purchases
Money was allotted in the 2007-08 Fiscal budget to purchase a  replacement utility / tow truck and trailer.
Recommended Action
Authorize the Harbor Master to purchase a:
- 2008 Isuzu Utility Bed / Tow Truck from the low bidder, South Bay Truck Center, in the amount of $41,236.
- Truck mounted Knuckle Crane from the low bidder, Air Technical Industries, in the amount of $25,010.
- 5th wheel trailer from Big Tex Trailers West, in the amount of $8,998.
- Declare the 1947 Ford Bomb Carrier as surplus property to be disposed of.

GENERAL BUSINESS
6. Flying Fish Festival Permit for Crescent Avenue
The Catalina Chamber of Commerce would like to sponsor a "Retail Street Fair" on Saturday, May 31, 2008 from 10:00 a.m. to 4:00 p.m., on Crescent Avenue. They are requesting permission to have 10'x10' canopies on the street, between Clarissa Street and Sumner Avenue. Participating Chamber businesses will be allowed to display items within their designated areas.
Recommended Action
Hear comments from Fire Chief Hoefs and approve permit, subject to Fire Department approval.

7. Request for a Block Party on Lower Marilla
A request has been made by Rocky Gosselin to host a Chamber Mixer Block Party on Thursday, May 15, 2008, between the hours of 6-8 p.m.  He is proposing to close the lower portion of Marilla between Crescent Avenue and Vieudelou. Tours will be given in his new hotel "The Aurora".
Recommended Action
Hear comments from Fire Chief Hoefs and approve proposal subject to Fire department approval and conditions set forth.
 
8. Review of Planning Commission Residency, Attendance and Vacancy Filling Requirements
The provisions of the Avalon Municipal Code regarding members of the Planning Commission have not been reviewed since 1984. City Council may wish to consider changes to code provisions that deal with residency, absences and vacancies.
Recommended Action
Discuss the issues outlined and direct the City Attorney to draft an ordinance to codify code changes, if any are desired.

9. Conditional Use Permits for Transient Rentals
There are several ongoing concerns regarding Conditional Use Permits (CUP) for transient rentals. 1) A CUP places some type of premium on the property. 2) The Planning Commission's decisions seem to be inconsistent. 3) Neighborhoods are lost to visitor use. Changes can be made to address these issues.
Recommended Action
Review and discuss possible changes to Transient Rental Ordinance.

10. Permanent Adoption of Ordinance for On Call Parking Permits
On April 17,2007, City Council adopted Ordinance 1052-07 revamping a program permitting issuance of parking permits for certain kinds of contractors that are called to perform work in the downtown area.. The ordinance provided that the City Council needed to review it and take action in order to extend it beyond December 31, 2007.
Recommended Action
Introduce ordinance and pass to a second reading, thereby removing the sunset clause.

CITY MANAGER'S REPORT
Report on the National Pollutant Discharge Elimination System (NPDES).

MAYOR'S REPORT
 
COUNCILMEMBER'S REPORT

ADJOURN

NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for May 6, 2008, was posted on Thursday, May 1, 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: 7:02 p.m.

ROLL CALL: Present- Mayor Kennedy and Council Members Ponce, Rikalo, and Winslow. Absent - Councilmember Nelson (General Consensus was to excuse the absence). Also present: City Manager Pete Woolson, City Attorney Pam Albers and City Clerk Denise Radde.

ANNOUNCEMENTS 
Mayor Kennedy congratulated three local young adults who have or will be graduating from college: Fletcher Canby from the California Maritime Academy, Ashley Kennedy from University of Arizona, and Tommy Olsen from Point Loma. He expressed pride in their accomplishments and wished them well in their future endeavors.

Councilmember Ponce announced that CHOICES and PTA will be sponsoring a lecture on "Navigating the teen years", at the school library on Thursday, May 15th, at 6:00 p.m.

WRITTEN COMMUNICATIONS
Mayor Kennedy received a notice from Catalina Express informing the City and residents that they have applied to the California Public Utilities Commission for a rate increase, noting that the notice does not specify the amount of the increase requested.

PRESENTATIONS - 
1. Rob Miller, a principal of Tower 17 Productions, an independent film company, and co-executive producer and creator of a new TV mini series called "Twentysixmiles", spoke to the Council about this new show and how they will be launching their shooting schedule June 9 through August 2.   John Schneider, actor, executive producer and director, has committed to star in the production, which follows the changes in a workaholic after he separates from his wife and she moves with their children to Avalon.  The production company will work 5 days a week on the Island and be off on the weekends. He acknowledged the benefits and the problems his company will be bringing to the Island.  He estimated that they will be spending $750,000 this summer. He was asking for some help from the community businesses by giving his company discounts on lodging and food and other services.  Councilmember Ponce asked about the number of crew members; Mr. Miller stated that there are 45 crew and 60 cast members, but on an average only about 15 would be working at any one shooting site. Councilmember Winslow asked if he had prospects for his show and Mr. Miller said that Lifetime, ABC Family and Hallmark have expressed an interest.  Copies of the script are available at the Chamber.

2. Rose'y Rohaley, Regional Manager of Southern California Edison, Catalina Island District, explained SCE's efforts to explore the potential to sell the Island-based water and gas utility operations. SCE will continue to be a partner carrying the electricity.  The reasons for the proposed sale are that water and gas are not a normal part of Edison operations and the regulatory environment has gotten much more difficult for SCE to navigate. SCE is evaluating several companies that are interested in order to find a company that will be a good mix for our community. Rohaley stressed that the business sale is only in the preliminary stages.  Councilmember Winslow asked whether the companies being looked at are as large as Edison; Rohaley said no but they are equally as good. Winslow also asked if they would be at the same plant and the answer was no, this is another issue for SCE in selling the water and gas plants off. City Attorney Albers asked if it was correct to assume that the CPUC had to approve this sale and the purchaser would be subject to the same CPUC tariffs and rules and regulations;  Rohaley replied yes.  Councilmember Rikalo asked what new technologies are out there that would assist the customer with cost and be more efficient.  Rose'y replied that since water and gas are not really Edison's core business, they hope that a water company would have expertise, compared to Edison that has to go outside the company to get help, which costs the consumer.  Mayor Kennedy remarked that this was not the first meeting regarding this potential sale, and he asked Ms. Rohaley what the current plans were for their water and gas employees. Rose'y replied that they will make sure that they are taken care of.

3. Wayne Griffin, CEO and President of Catalina Island Chamber of Commerce, spoke as a representative of the Island Ways group which consists of seven entities: Chamber of Commerce, Catalina Island Conservancy, Catalina Island Museum, SCI Company, City of Avalon, and Descanso Beach Ocean Sports. The group was formed because of declining visitor counts.  The mission of the group is to improve the visitor experience, resulting in extended stays, and repeat business.  A full report about the Island Way group and their goals, and consultants' recommendations can be found at: www.CatalinaChamber.com/IslandWays.

ORAL COMMUNICATIONS- None
 
CONSENT CALENDAR
There were five items on the Consent Calendar; Councilmember Rikalo pulled Item 2. Motion to approve as per staff recommendations, Items 1, 3, 4, and 5 by Michael Ponce, seconded by Tim Winslow.  (4 Ayes, 1 Absent- Nelson), as follows:     

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

3.  Approved warrants in the amount of $815,186.31 and payroll amounting to $196,650.12 for total expenditures in the amount of $1,011,836.43.

4.    Used Oil Recycling Grant Resolution -Adopted Resolution 08-04 authorizing submittal of applications for grants under the California Oil Recycling Enhancement Act and household hazardous waste grants under the California Integrated Waste Management Act for the fiscal years of 2008-2012.

5. Vehicle Purchase- Authorized the Harbor Master to purchase:
a) A 2008 Isuzu Utility Bed/Tow Truck from the low bidder, South Bay Truck Center, in the amount of $41,236.
b) A truck mounted Knuckle Crane from the low bidder, Air Technical Industries, in the amount of $25,010.
c) A 5th wheel trailer from Big Tex Trailers West, in the amount of $8,998.
d) Declared the 1947 Ford Bomb Carrier as surplus property to be disposed of.
  
Pulled Items:
2. Councilmember Rikalo pulled this item because these actions were before her time of serving on the Council. Motion to approved City Council Actions from the April 1 and April 15, 2008 City Council meetings by Michael Ponce, seconded by Tim Winslow. (3 Ayes, 1 Abstained-Rikalo, 1 Absent-Nelson)

GENERAL BUSINESS 
6. Flying Fish Festival Permit - The Chamber of Commerce requested a permit as part of a Street Fair on Crescent Avenue on Sunday, May 31, from 10:00 a.m. to 4:00 p.m.  Fire Chief Hoefs gave the Fire Department's approval of placing 10'x10' canopies on Crescent Avenue. Wayne Griffin confirmed that the Chamber's insurance extends coverage to the City.  Motion to approve this Street Fair permit for Saturday, May 31 by Sue Rikalo, seconded by Michael Ponce. (4 Ayes, 1 Absent- Nelson)

7. Block Party Request - A request was received from Rock Gosselin to host a Chamber Mixer Block Party on Thursday, May 15 on the lower section of Marilla between Crescent Avenue and Vieudelou. Fire Chief Hoefs gave his approval and will work closely with Rock on the details of closing off the street. Mayor Kennedy inquired if there was going to be liquor on a public street, Mr. Gosselin replied he will be serving  beer and wine in the hotel but for safety reasons does not plan to have tables or chairs in the street.  Since he is working with a caterer and getting the Sheriffs to be flag men at each end of the street, it was noted that an ABC permit may be available for this. Motion to approve by Michael Ponce, seconded by Sue Rikalo.
(4 Ayes, 1 Absent-Nelson) 

8. Review of Planning Commission Residency, Attendance and Vacancy Filling Requirements - Council discussed the residency requirements for membership on the Planning Commission and the number of absences that should be permitted. In addition they discussed the best ways to deal with the current vacancy on the commission, due to Councilmember Rikalo getting on Council.  Consensus was to relax the residency requirement such that presence in Avalon for nine months (similar to the Commuter Subsidy card) would qualify OR ownership of a residence, commercial property or a management position in an Avalon based business would also qualify. It was also agreed that no more than 2 absences can occur within a six month period. The vacancy left by Sue Rikalo will not be filled until the new officers come onboard in July 2008 and consensus was to change the ordinance to provide that an appointment to fill a vacancy would occur outside of the normal term of office only if there were more than three months until the normal expiration of the term.

9. Conditional Use Permits for Transient Rentals -  City Manager Woolson presented Planning Director Amanda Cook's staff report regarding ongoing issues about the issuance and oversight of  transient or vacation rental Conditional Use Permits (CUP).  The consensus of the City Council is that as a visitor-based economy, Avalon needs to be able to offer this type of lodging but the Council is also concerned with the impact on the town.  It was noted that despite improvements in overseeing and correcting the behavior of persons staying in vacation rentals,  the Planning Commission and the City Council continue to struggle with situations where a number of full-time residents are opposed to issuance of CUPs and the general feeling is that there are not clear cut rules for allowing a CUP in a specific residential area and not others. Comments were heard from Kevin Strege, owner of Catalina Island Vacation Rentals, stating that the existing system in establishing CUPs is broken, noting that it is frustrating and costly to apply and there is no clear outcome. Charlie Behrschmidt also addressed Council on his concerns of too many CUPs in his neighborhood, and stressed his disgust with the whole situation. After tossing around many ideas it was decided to place this on the next agenda to allow the Council further time to digest and consider the issues.

10. Permanent Adoption of Ordinance for On Call Parking Permits - Since the review period has passed, the City Council introduced an ordinance providing for a limited parking permit system for building service contractors and establishing procedures. Motion to pass to a second reading by Michael Ponce, seconded by Tim Winslow. (4 Ayes- 1 Absent-Nelson)

CITY MANAGER'S REPORT
Pete Woolson reported that he and Mike Jones attended a hearing before the State Regional Water Quality Control Board regarding issuance to the City of a new National Pollutant Discharge Elimination System permit, which is required in order to operate the Wastewater Treatment Plant.  Woolson stated that Avalon had good support from the committee and our permit has been renewed and will be good for another 5 years.
 
MAYOR'S REPORT
Mayor Kennedy reported that there is continued dialog with the SCI CO. regarding the opening of Pebbly Beach Road.

COUNCILMEMBER REPORT 
Councilmember Rikalo would like to hear from Edison on the water allocation process. Staff was directed to have Rose'y Rohaley make a presentation to Council in the near future. In addition Pam Albers stated she would look into contacting the staff at the CPUC and find out what rules and regulations they have governing this process.

Sue Rikalo also researched ideas from other communities on how they dealt with graffiti cleanup. She had several cleaning solution ideas that were passed on to the City Manager and Sue posed the idea of contracting with an outside person to do the cleaning for the City.

Councilmember Winslow expressed his desire to adopt an ordinance that would make a person liable to repair a City sidewalk if their tree roots caused the sidewalk to rise and crack. City Attorney Albers stated that our current ordinance addresses this issue but she will review it to confirm.

ADJOURN: 9:40 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 May 6, 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