AVALON CITY COUNCIL 
TUESDAY, MAY 20, 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
City Council asked Rose'y Rohaley to address the water allocation process.

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

AN ORDINANCE OF THE CITY OF AVALON PROVIDING FOR QUALIFICATIONS FOR APPOINTMENT TO THE AVALON PLANNING COMMISSION, ATTENDANCE AND FILLING OF VANCANCIES REQUIREMENTS 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 May 6, 2008, City Council meetings.  

3. Expenditures
Approve warrants in the amount of $1,037,846.97 and payroll amounting to $577,429.18 for total expenditures in the amount of $1,615,276.15.   
Recommended Action
Approve expenditures in the amount of $1,615,276.15. 

4. Second Reading of Ordinance for on Call Parking Permits for Service Contractors
This ordinance was introduced at the last City Council meeting, it extends  the refined and codified program that permits issuance of parking permits  for certain kinds of contractors that are called to perform work in the downtown area.
Recommended Action
Adopt the ordinance.

5. Pebbly Beach Generating Station (PBGS) Rip-Rap Slope Stabilization  Project.
Southern California Edison is in the process of acquiring permits from the  California Costal Commission for a Rip-Rap Slope Stabilization project.  They have completed the appropriate underwater survey to show that  there is no negative impact from the project.
Recommended Action
Adopt Categorical Exemption Class 15301 "Existing Facilities" for PBGS Rip-Rap Slope Stabilization Project.

GENERAL BUSINESS
6. Avalon Beautiful's Update on "Old Ben Park"
Avalon Beautiful will be giving an update on their plans for the proposed "Old Ben Park". They have a request for the City to contribute funds toward their project.
Recommended Action
Hear presentation from Avalon Beautiful and decide what monies, if any, will be budgeted toward this project in the Fiscal Year 2008-2009.

7. City Trash Cans
The City is in need of new trash cans, to replace existing ones and to add additional cans on the streets of Avalon. 
Recommended Action
Discuss and give direction to staff.

8. Harbor Committee
As five of the seven Harbor Committee members terms expire this June 30, 2008, staff has evaluated the need for keeping the committee going.  In the last 18 months the committee has only met 7 times. This committee is a recommending committee only, all harbor related decisions are made by the City Council.
Recommended Action
Discuss and give direction to a staff. A) Specify goals the City Council would like the Harbor Committee to achieve, or  B) Disband the Harbor Committee.
 
9. Transportation Permit Application for the Hermosa Hotel and the Catalina Beach House 
An application for a Transportation Permit was received from the new owner of the Hermosa Hotel and the Catalina Beach House, Mark Malan. His request proposes to offer the usual transportation for pick up and delivery to the boats and helicopter, and in addition he would like to provide service to "points of interest". 
Recommended Action
Discuss and give direction to staff.

10. Conditional Use Permits (CUP) for Transient Rentals
At the last City Council meeting rules and regulations governing the issuance and permitting of CUPs was discussed at length. Council requested to continue the discussion at this meeting.
Recommended Action
Continue discussion and give direction to staff on possible changes to the Transient Rental Ordinance. 

11. Ordinance Regarding Planning Commission Residency, Attendance and Vacancy Filling Requirements.
At the last City Council meeting, Council discussed current provisions of the Avalon Municipal Code regarding the Planning Commission. Consensus was arrived at regarding residency requirements, number of permitted absences, and how to handle vacancies.
Recommended Action
Introduce the ordinance and pass to a second reading.

PUBLIC HEARING
12. Open Public Hearing on the fee increases for the City's 2008/2009 Municipal budget and continue it to the June 3 and June 17, 2008 City Council meetings.

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

CLOSED SESSION
1. Closed Session pursuant to Government Code section 54956.9 (c) to consider initiation of litigation against five potential defendants in connection with the May 10, 2007 fire.

2. Closed Session pursuant to Government Section 54956.8 to confer with
the City's real property negotiator, City Manager, regarding Pebbly Beach Road.

ADJOURN

NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for May 20, 2008, was posted on Thursday, May 15, 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

CITY OF AVALON
CITY COUNCIL ACTIONS
TUESDAY, MAY 20, 2008

CALL TO ORDER: 7:02 p.m.

ROLL CALL: Present- Mayor Kennedy, Mayor Pro Tem Rikalo, Councilmembers Winslow, Ponce and Nelson.   Also present: City Manager Pete Woolson and City Attorney Pam Albers.  Mayor Kennedy noted that City Clerk Denise Radde was excused from this meeting.

ANNOUNCEMENTS:  Mayor Kennedy asked for a moment of silence in memory of Stan Sampson, longtime Island resident.  Mayor Kennedy congratulated the Lancers baseball team for making it to the second round of CIF play-offs.

WRITTEN COMMUNICATIONS - Mayor Kennedy reported that all of the City Councilmembers had received a written communication from David Creigh, Planning Commission which relates to Item 10 and will be discussed at that time.

PRESENTATIONS - None

ORAL COMMUNICATIONS- None
 
CONSENT CALENDAR
There were five items on the Consent Calendar; Mayor Kennedy pulled Item 5. Scott Nelson noted that he was absent for Item #2.  Motion to approve as per staff recommendations, Item #2, by Michael Ponce seconded by Tim Winslow (4 Ayes, 1 Abstain - Nelson.  Motion to approve Items 1, 3 and 4 by Michael Ponce seconded by Tim Winslow.  (All Ayes), as follows:     

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

2. Approved Actions for the meeting of May 6, 2008.

3.  Approved warrants in the amount of $1,037,846.97 and payroll amounting to $577,429.18 for total expenditures in the amount of $1,615,276.15.

4.  Adopted Ordinance 1069-08 extending the refined and codified program for issuance of parking permits for certain kinds of contractors when performing work in the downtown area.

Pulled Items:
5. Pebbly Beach Generating Station (PBGS) Rip-Rap Slope Stabilization Project - CEQA review.  Mayor Kennedy pulled this item to allow Southern California Edison representatives to more fully explain the project.  It was reported that the only protection for the Edison plant from ocean waves is rip rap that was not engineered when originally placed.  Over time, rocks have fallen and there is now insufficient slope and voids have formed.  The engineer retained by Edison has determined that approximately 1600 tons are needed to create the top and then 70 additional ton to repair voids, in order to create a 1 to 1 1/2 slope, enough to withstand a 100 year storm.  He noted that Edison is moving as quickly with the project as it can because rising fuel costs will affect barge prices and also the winter barge schedule will be too variable to proceed with the project.  He noted that they are using the barge as a crane and will not be able to reach all of the areas and the barge will not be damaging to the environment.

Scott Nelson asked whether Edison will be purchasing rip rap rock from Connolly-Pacific.  Vince responded that if possible, Edison would like to work with Connolly but cannot state with certainty that they will be able to.

A biologist retained by Edison described the biological surveys that were done that demonstrate that the project will not harm significant ocean plant or animal forms.

Rudy Piltch from the audience asked whether State Lands had approved the project.  City Attorney Albers noted that Edison will need to obtain all necessary approvals from other agencies.

Scott Nelson moved to approve the categorical environmental exemption on condition that Edison contract with Connolly-Pacific for the rock materials.  Motion died for lack of a second.  Tim Winslow moved staff recommendation, seconded by Michael Ponce.  (4 Ayes, 1 No Nelson).

GENERAL BUSINESS 
6. Avalon Beautiful's Update on "Old Ben Park".  Rudy Piltch and Angie Bera made a presentation on behalf of Avalon Beautiful ("AB") regarding plans for the City area where the coral tree fell on Crescent and Pebbly Beach Road.  AB had previously presented conceptual plans for a passive use park in November 2007. The initial cost estimate was $100K.  AB has developed a more specific plan with landscape architect Bob Borthwick (who is donating most of his time) and who participated in the Avalon Waterfront Restoration project.  The area is approximately 1970 square feet and enjoys wonderful harbor views.  The new plan will retain the 5 existing palm trees and cost estimates are about $90K to $100K.  In response to an inquiry regarding concerns about possible damage to the Mole when the Old Ben statute is removed, Rudy Piltch stated that they were able to confirm that the statute is hollow and although strong enough to withstand people climbing on it, can be removed easily from the Mole without the need for cranes or other heavy equipment.  Piltch noted that the plan is to differentiate the area through the use of different color pavers. 

AB is hoping to reduce the cost of the project and the amount of money they will need to raise by having the City Public Works Department provide some in-house labor and materials, such as the pavers which they have been doing such a great job with all over town.  The current estimate for labor and materials for the paver portion of the project is $13,000.  Other possible portions of work that Public Works might do are the 104 lineal foot seawall with built in seating (estimated at $7600).  Piltch noted that the plan provides for 3 light standards, trash areas and drainage.  Piltch will provide the City with a copy of the estimate they prepared.  In response to a question about whether the grass portion will be retained, Angie Bera noted that the goal of AB is to make a "Green" Park using recycled materials, such as pavers, with openings to reduce run-off and limit the need for watering or fertilizing.

Tim Winslow expressed concerns about the City budget and the lack of unexpended funds.   Consensus of City Council was to direct staff to include the paver materials and costs in Public Works FY 2008-09 budget and to have Audra work with AB on possible grants.

7. City Trash Cans - City Manager Pete Woolson reported that Audra McDonald, Grants Administrator, is seeking a $100,000 grant from the State Department of Conservation to be used for the purchase of additional or replacement trash cans.  Angie Bera made a request that AB be permitted to use the approximate $10,000 raised at the Donavan concert two years ago to purchase trash cans from recycled plastic.  City Attorney Albers stated that this use would be consistent with the advertised purpose which was to help clean Avalon Bay, since loose trash impacts run-off to the ocean.  Motion by Scott Nelson to direct the funds to purchase the trash cans for AB, seconded by Michael Ponce.  (All Ayes).

8. Harbor Committee.  Woolson read the Harbor Master's staff report requesting direction for future of Harbor Committee.  Staff recommendation is to specify goals or disband the Harbor Committee.  Mayor Kennedy invited current members of the Harbor Committee in the audience to share their views with the City Council.  Chair Jack Cook acknowledged that the Harbor Committee had been frustrated and spent time discussing their role.  He felt that some continuation of the Harbor Committee would be an asset to the City and agreed that reducing staff time and effort on the Harbor Committee meeting was also needed.  Member Cinde MacGugan noted that several members have expertise and recognize the need to assist staff with specific projects to improve the Harbor for businesses and local and visiting boaters, but felt that the size and make-up of the committee made it difficult and time consuming for members and for staff.  City Attorney Albers stated that an advisory committee that has a standing responsibility to make recommendations to the City Council, which recommendations are routinely adopted (such as the Waterside Permit process now in place), is subject to the Brown Act and requires publicly noticed and open meetings.  She stated that no staff attendance would be required if a "task force" type group were formed that was able to suggest its own projects or work on those suggested by the City Council.  After further discussion, the consensus of the City Council was to have the City Council make all the Waterside Permit decisions and to form a "task force" with five members with knowledge, interest and experience in the Avalon Harbor, which can initiate its own projects or study issues or receive them from the City Council.  The task force can set its own time and place of meeting and make a request to the Harbor Master when it is felt that staff assistance is needed.  Approved by consensus of City Council to direct City Attorney to draft a resolution disbanding the Harbor Committee and consider formation and membership appointments to a Harbor Task Force.

9.  Transportation Permit Application for the Hermosa Hotel and the Catalina Beach House: City Manager Pete Woolson determined that there was not a representative of the applicant present.  He noted that the applicant has not yet appeared before the Vehicle Hearing Officer (VHO) for approval of a commercial autoette license and therefore this application is premature.  By consensus of the City Council, the matter was continued to a meeting in June or July following a decision by the VHO.

11.  (Taken out of Order) Ordinance Regarding Planning Commission Residency, Attendance and Vacancy Filing Requirements: The 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, with Councilmember Rikalo's election to the City 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 commissioners come onboard in July 2008 and consensus was to adopt a change 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. Tim Winslow moved to introduce the ordinance as presented and pass to second reading, seconded by Sue Rikalo.  (3 Ayes, 2 Noes - Winslow and Nelson).  Scott Nelson stated he did not like allowing only nine months physical presence on Island or allowing non-resident business managers; Tim Winslow stated he did not like the latter either.

10. 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 a future agenda to allow the Council further time to digest and consider the issues.

12. Public Hearing on of Proposed Fee Increases for Fiscal 2008-09: Mayor Kennedy opened the public hearing and asked for comments from the public.  No comments were received and the hearing was continued to the June 17, 2008 meeting.

CITY MANAGER'S REPORT: None.
 
MAYOR'S REPORT: None.

COUNCILMEMBER REPORTS: Scott Nelson asked about graffiti removal through the public nuisance process and stated that he felt 10 days was sufficient notice.  City Attorney will return with an ordinance to make this change.

Michael Ponce asked about sidewalk cleaning on Crescent and whether SCICO could be asked to trim the two trees on Sumner that they missed.  City Manager
CITY COUNCIL ACTIONS
MAY 20, 2008
PAGE 6

Woolson noted that Public Works is working to check sewer lines at Busy Bee, Armstrong's and Antonio's.

Lt. Ed Cook, Avalon Sheriff Station Commander, reported that our summer deputies are here and he is pleased that these four deputies will be working most of the summer instead of the constant rotation of different deputies that we have seen in the past.  The SCICO has made rooms available at the Atwater for them at reasonable rates.  All of these deputies have worked here during the last six months covering overtime and gaps in the schedule and are familiar with the community.

CLOSED SESSION: Following the Closed Session, the City Attorney reported:

1.  The City Council held a closed session pursuant to Government Code ?54956.9 (c) and voted unanimously to retain Guy Sanders under a contingency agreement to represent the City's interest in the litigation relating to the May 2007 fire.

2.  The City Council held a closed session pursuant to Government Code ?54956.8 to confer with the real property negotiator (City Manager) regarding Pebbly Beach Road.  Council was briefed on the latest developments, including a request to SCICO for a copy of rock fall reports since the scaling of the hillsides and a map of the area proposed to be conveyed to the City, which are necessary in order to obtain insurance quotes.

ADJOURN: 10:48 p.m.

I, Pamela Albers, City Attorney of the City of Avalon, do hereby certify that the DVD videotape of the City Council Meeting of May 20, 2008, is the official record of that Council Meeting and is on file and maintained in City Hall.

                                                                                              
 _________________________________________________

Pamela Albers, City Attorney