AVALON CITY COUNCIL MEETING 
TUESDAY, MAY 19, 2009
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.

PRESENTATIONS - 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 OF AVALON REGARDING POSTING OF BANNERS ON PUBLIC PROPERTY 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 5, 2009 City Council meeting.

3. Expenditures
Warrants in the amount of $164,413.24 and payroll in the amount of $197,616.44 for a total expenditure amount of $362,029.68 are submitted for City Council approval.
Recommended Action
Approve warrants in the amount of $164,413.24 and payroll in the amount of $197,616.44 for a total expenditure in the amount of $362,029.68. 

4. Banner Ordinance
This ordinance was introduced at the last City Council meeting on May 5, 2009 and it  authorizes the City Manager and Public Works Director to identify additional locations for  banners and extend the time that banners can remain hanging.
Recommended Action
Adopt ordinance.

5. Waterside Permit Application-Catalina Private Vacations
Catalina Private Vacations has submitted a Waterside Project Application proposing  rental of his 34' and 27' powerboats for overnight stays or pleasure charters with 6  passengers or less. The applicant proposes to operate seven days a week during the  months of May to October. Mr. Pearce proposes to pick up and drop off passengers from  the Pleasure Pier and will be using a mooring in Avalon.
Recommended Action
 Grant the Waterside Permit Application as presented and require Mr. Pearce abide by the  standard list of conditions relating to Waterside Permit Applications including being  restricted to Pier Float D during the period June 15 to September 30 and all other pier  floats during the remainder of the year. Any overnight stay revenues would be subject to  the 12% Transient Occupancy Tax instead of the 7% Harbor Use Fee.

PUBLIC HEARING
6. Annual Fee Review for Fiscal Year 2009/2010
Open the Public Hearing and receive public comment. This is the first of two public hearings on the proposed fee schedule for Fiscal Year 2009/2010. The purpose of this hearing is to receive public input on the new fees.   
Recommended Action
Open Public Hearing and continue to the June 16, 2009 City Council meeting. No action will be taken at this meeting.  

GENERAL BUSINESS
7. Review Trial Period for The Barge Electric Bike Rentals, LLC
The Barge Electric Bike Rentals was given a one year trial period to determine their  impact on safety and traffic and it expired in February 2009.
Recommended Action
Discuss and give direction to staff.
 
8. Transportation Permit Application for "Bike Catalina"
A Transportation Permit Application was received from Randy Lewis dba "Bike Catalina".  The applicant proposes bike tours from the Airport in the Sky to Avalon, finishing in the  Island Plaza.
Recommended Action
Discuss and give direction to staff. A possible trial period to evaluate impact on traffic and  safety could be given.

9. Request for Renewal of Encroachment Permit at 603 Crescent for Outdoor Dining
In March of 2008 the owner of The Cottage was given a temporary Encroachment Permit  for a trail period. Their permit has expired and needs to be renewed.
Recommended Action
Approve the Renewal of the Encroachment Permit for the outdoor dining without the  condition of a specific number of tables and chairs.

10. Appointment of One Director to the Avalon Medical Development Corporation Board
The bylaws to the Avalon Medical Development Corporation provide that the City Council make the appointments to the Board. One member has resigned.
Recommended Action
Appoint one member to the Avalon Medical Development Corporation Board. 

CITY MANAGER'S REPORT
MAYOR'S REPORT
COUNCILMEMBER REPORTS
ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for May 19, 2009 was posted on Thursday, May 14, 2009, 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, MAY 19, 2009

CALL TO ORDER: 7:03 p.m.

ROLL CALL: Present: Mayor Kennedy, Council Members Nelson, Ponce, and Winslow. Also present: City Manager Peter Woolson, City Attorney Pam Albers and City Clerk Denise Radde. Absent (excused by consensus of City Council): Mayor Pro Tem Sue Rikalo
 
ANNOUNCEMENTS
City Manager Pete Woolson announced that Commander Todd Rogers contacted him about a promising candidate for the position of Station Commander at the Avalon Sheriff Station. The candidate is enthusiastic about the prospect of moving here with his wife and becoming part of our community. With City Council concurrence, an interview date and time will be set up.

Councilmember Winslow stated that he has received numerous inquiries about what is happening at the Golf Gardens. He contacted the SCI Co. and they assured him that they are making improvements to the property and believe the changes will be great.

Councilmember Scott Nelson congratulated the Avalon High School Volleyball team for making it through the first CIF round. They will be playing again tomorrow night on the mainland. He wished them good luck.

City Attorney Pam Albers announced that the Catalina Island Women's Forum (CIWF) is having a drawing for a cruise through the Greek Islands, starting in Venice, Italy.  The raffle ticket cost is $100, and only 125 tickets will be sold.  Funds raised will be applied to the CIWF scholarship fund; last year, CIWF awarded $17,000 in scholarships.  CIWF is in the process of interviewing 2009 graduating senior girls now. The drawing will be June 1, 2009.

ORAL COMMUNICATIONS - None
 
PRESENTATIONS - None
 
WRITTEN COMMUNICATIONS:
City Manger Woolson stated that a letter was received from Muriel Willhite requesting that her item, Item # 9, Request for Renewal of Encroachment Permit at 603 Crescent for Outdoor Dining, be held over.

Adjourned to the Avalon Municipal Hospital Board of Trustees meeting
7:08- 7:09 p.m.

CONSENT CALENDAR
There were five items on the consent calendar; Mayor Kennedy requested clarification on item #5, Waterside Permit Application - Catalina Private Vacations. City Attorney answered the Mayor's question that historically in a Waterside Permit it is stipulated that there has to be a shore base of operation and she recommended that this item be voted on separately in order to specify this condition as part of the Council's approval. Michael Ponce pulled #5 and made a motion to approve items 1-4, seconded by Tim Winslow. (4 Ayes, 1 Absent- Sue Rikalo)

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

2. Approved actions of the regular City Council meeting of May 5, 2009.

3. Approved warrants in the amount of $164,413.24 and payroll in the amount of $197,616.44 for a total expenditure of $362,029.68. 

4. Adopted Ordinance 1085-09 regarding posting of banners on public property and amending the Avalon Municipal Code.

Pulled Item:
5. Waterside Permit Application - Catalina Private Vacations - Mayor Kennedy made the motion to grant the Waterside Permit as recommended with the added condition of requiring a shore base of operation with the standard list of conditions, along with restricting Mr. Pearce to Pier Float D (one boat at a time) during the period June 15 to September 30 and all other pier floats during the remainder of the year. Any overnight stay revenues are subject to the 12% Transient Occupancy Tax instead of the 7% Harbor Use Fee. Seconded by Tim Winslow. (4 Ayes, 1 Absent- Sue Rikalo)

PUBLIC HEARING - 7:33-7:42
6. Annual Fee Review - City Attorney Albers noted that the Avalon Municipal Code requires two public hearings prior to changing fees, and state law requires a notice public hearing for property related fees, which is scheduled for June 16.

Many comments and concerns were voiced by Council regarding the fee schedule. Councilmember Ponce voiced his objection over the charges that are given to commercial businesses, whether they are large or small they are charged the same rate.

Mayor Kennedy felt a study should be conducted to ensure that all properties are actually being charged for property related fees and that the City is getting the proper amount from the County. Mayor Kennedy inquired from staff if it is possible to separate on the property tax bills the saltwater charges; for example who is using sewer disposal/fire protection and who is only using the fire protection.

Councilmember Nelson noted that his business at Pebbly Beach and other businesses and properties owners are being charged for salt water but do not have that service, and he thinks it is also unfair for businesses to be charged for trash when they don't have that service either. Councilmember Nelson made it clear that he will not vote in favor of any proposed fee increases if these issues are not resolved prior to consideration of the other fees.

The Public Hearing was opened for public comment. Mark Malan, of the Hermosa Hotel and the Catalina Beach House, voiced his objection to the proposed increases in property related fees. He stated he pays more for sewer, salt and trash than he does in property taxes.  No other individuals came forward and the Public Hearing was continued to the June 16 meeting.

Mayor Kennedy said that he would like the City Manager "to sharpen his pencil" with regard to the solid waste (trash) budget and sewer and saltwater fees and see what can be adjusted. Councilmember Nelson stated again that he will not vote in favor of these fees if they are not adjusted.

GENERAL BUSINESS
7. Review Trial Permit Period for "The Barge Electric Bike Rentals LLC" - Councilmember Ponce stated he was aware of the City Attorney's prior advice that he may have a conflict of interest with respect to this matter, but he feels he does not earn enough at  Brown's Bikes to trigger the statutory conflict.  Tim Winslow made the motion to approve the Transportation Permit, making admonishment to customers of the California state bicycle helmet law one of the conditions of the permit, seconded by Bob Kennedy. (4 Ayes, 1 Absent- Sue Rikalo)
 
8. Transportation Permit Application for "Bike Catalina" - The applicant, Randy Lewis, misinterpreted the staff recommendation and questioned why he was lumped into the same category as a motorized vehicle. Councilmember Winslow explained he was not grouped with them, the other businesses were mentioned strictly as examples of the City Council's use of a trial period of operation to evaluate congestion and safety related issues. Motion by Bob Kennedy to approve a one year trial basis Transportation Permit to Bike Catalina with the normal set of conditions and the same admonishment to customers regarding wearing of helmets.
(4 Ayes, 1 Absent- Sue Rikalo)

9. Request for Renewal of Encroachment Permit at 603 Crescent for Outdoor  Dining- This item was held over per the applicant's request.

10. Appointment of One Director to the Avalon Medical Development Corporation Board City Attorney Albers explained that Debbie Harrell has submitted her resignation and therefore there is a need to fill the vacancy.  She noted that Erin Eubank represents a similar demographic and has attended two meetings of the AMDC and is recommended by the AMDC for appointment.  The AMDC is extending an invitation to the other applicant, Dr. Muller, to attend a meeting and be considered for one of three other vacancies that will occur at the end of June. Motion by Michael Ponce, seconded by Bob Kennedy to appoint Erin Eubank to the Board of Directors of the Avalon Medical Development Corporation. (4 Ayes, 1 Absent- Sue Rikalo)
 
CITY MANAGER'S REPORT - City Manager reported that next month he will be giving an Avalon Bay water quality report.
 
MAYOR'S REPORT - None 

COUNCILMEMBER REPORT -Councilmember Nelson had the following requests:
1. Mr. Nelson would like a letter written to the Catalina Freight Lines asking for clarification regarding one way barge runs and the price.
2. Mr. Nelson asked if AB 811, which enables cities to set up assessment districts to finance solar improvements and charge the costs to property owners who participate in the program, could be put on the next agenda.  The City Attorney outlined the information contained in a memo provided last week to the Council explaining the process and identifying a company which assists cities in setting up and administering these programs.  Albers volunteered to attend a seminar on AB 811 programs; Mayor Kennedy thought it would be a good idea to send someone to the seminar to find out more about it.
3. Councilmember Nelson announced that a voucher worth $100 toward Catalina Express tickets can be purchased for $80 at Costco and the voucher can be applied to the purchase of a commuter ticket book.

ADJOURN: Mayor Kennedy adjourned the City Council meeting at 8:01 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 19, 2009, 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