AVALON CITY COUNCIL MEETING 
TUESDAY, JUNE 16, 2009
7:00 P.M. - CITY COUNCIL CHAMBERS
410 AVALON CANYON ROAD, AVALON
A G E N D A (Revised)

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
Librarian Donna Murray, of the Avalon Library, will speak on the children's summer reading program and other activities the library will offer this summer.
   
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 SPECIFYING REQUIREMENTS AND TIME PERIODS FOR REDUCED MOORING FEE CHARGES 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 June 2, 2009 City Council meeting.

3. Expenditures
Warrants in the amount of $544,184.35 and payroll in the amount of $202,996.88 for a total expenditure amount of $747,181.23 are submitted for City Council approval.
Recommended Action
Approve warrants in the amount of $544,184.35 and payroll in the amount of $202,996.88 for a total expenditure in the amount of $747,181.23. 

4. Discounted Mooring Rates for Winter and Shoulder Periods
This ordinance was introduced at the last City Council meeting and it will provide that a  reduced rate applies to advance payment for any four  nights, (instead of the current  specification of Thursday, Friday, Saturday and Sunday nights), for which the user will  receive the next three consecutive nights free during the period of September 15th to  October 14th and again Palm Sunday to June 15th each year, provided moorings are available.
Recommended Action
Adopt ordinance.

5. Extension of City-County Law Enforcement Services Agreement
The term on the Law Enforcement Services Agreement expires June 30, 2009. In order  to enable the contract cities and Los Angeles County to discuss resolution of the dispute  concerning the Litigation Trust Fund, the contract cities have agreed to propose to the  County that the Services Agreement will be extended for one year.
Recommended Action
Authorize the Mayor to execute a one-year extension of the Law Enforcement Services  Agreement for provision of law enforcement services by the Los Angeles County Sheriff's  Department.

6. Forklift Purchase
The 2008-2009 budget contains $60,000 to purchase a replacement light duty forklift.  Three bids were received from Johnson Lift/Hyster, Toyota Lift of Los Angeles, and Clark  Lift of California.
Recommended Action
1) Authorize the Harbor Master to purchase a 2009 light duty forklift from the low    bidder, Johnson Lift/Hyster, in the amount of $30,418 including sales tax. 2) Adopt  resolution declaring the 1980 Datsun light duty capacity forklift as surplus property to be  disposed of.

6A. Oil Spill Response Equipment Grant
The City of Avalon Harbor Department has been awarded a grant from the Department of  Fish and Game in the amount of $26,000 to purchase oil spill response equipment.
Recommended Action
1) Adopt the resolution allowing the City Manager to accept a $26,000 Oil Spill Response  Equipment Grant from the Department of Fish and Game. 2) Authorize the City Attorney  to execute a lease agreement for the Oil Spill Response Equipment to Cat-Tow Inc. for  one dollar ($1.00) per year.

PUBLIC HEARING
7. Annual Fee Review for Fiscal Year 2009/2010
Open and continue the Public Hearing and receive public comment. This is the second of two public hearings on the proposed fee schedule for the City of Avalon on its fees for services, facilities and activities for Fiscal Year 2009/2010. 
Recommended Action
Open the Public Hearing to public comments regarding fees and charges for FY 2009-2010. Adopt the resolution setting fees for services, facilities and activities of the City of Avalon for Fiscal Year 2009-2010.

8. Property Related Fee Review for Fiscal Year 2009-2010
Open and continue the Public Hearing and receive public comment. This is the second of two public hearings to adopt property related fees for Fiscal Year 2009-2010. This year the fee increases that are being proposed are 4.64% for sewer and salt water and 10% for sanitation services.
Recommended Action
 pen the public hearing to public comments regarding fees and charges for property related fees for Fiscal Year 2009-2010. Adopt the resolution establishing fees for property related services for Fiscal Year 2009-2010.

GENERAL BUSINESS
9. Joe Machado Field Restroom/Concession Bid Results
The City received three bids for the Joe Machado Field Reconstruction Project. The  project was broken down into three components, restroom/concession building, site work,  and lighting. The bids all were significantly over budget. Romtec, a company that  provides pre-engineered site built parks and recreation buildings, has given the City a  proposal for a multi-user restroom with concession & storage room. The proposal also  encompasses the estimated construction cost.
Recommended Action
1. Reject the three bids received for the Joe Machado Field Reconstruction Project.  2. Authorize staff to prepare a purchase order to Romtec for a building package and bid  the labor. 
 
10. Appointment of Four Directors to the Avalon Medical Development Corporation (AMDC)  Board - The Bylaws of the AMDC provide that the City Council make all appointments to  its Board of Directors. The terms of four members expire on June 30, 2009.  The AMDC  Board unanimously voted at its meeting in May to recommend appointment of Rose  Ellen Gardner, Ron Salo, Maggie Maki, and Ron Mueller.
Recommended Action
Appoint Rose Ellen Gardner, Ron Salo, Maggie Maki and Ron Mueller, DDS to the Board  of Directors of the Avalon Medical Development Corporation, for a term of three years. 

11. City Treasurer Financial Report
City Treasurer, Christy Lins, has prepared a Statement of Activities for all funds and has  put together a listing of revenues by categories. She will review them with City Council.
Recommended Action
Listen to the City Treasurer's report, discuss and give further direction if needed. 

12. Budget for Fiscal Year 2009-2008
A general overview of the budget will be given by the City Manager and the Finance  Director.

CITY MANAGER'S REPORT / MAYOR'S REPORT / COUNCILMEMBER REPORTS

CLOSED SESSION
Closed Session pursuant to Government Code Section 54957.9(a) to confer with legal counsel on whether to commence litigation against the County of Los Angeles.

ADJOURN
 
NOTICE OF POSTING
I, Denise Radde, declare that the City Council Agenda for June 16, 2009 was posted on Thursday, June 11, 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, JUNE 16, 2009

CALL TO ORDER: 7:03 p.m.

ROLL CALL: Present: Mayor Kennedy, Mayor Pro Tem Rikalo, and Council Members Nelson, Ponce, and Winslow. Also present: City Manager Peter Woolson, City Attorney Pam Albers and City Clerk Denise Radde.
 
ANNOUNCEMENTS
Mayor Kennedy made the following announcements:
1. The Hazardous Waste facility is only accepting paint and paint cans that come from residential use. They can not accept hazardous waste from commercial businesses. They will, however, accept empty paint cans from commercial businesses.
2. The newly assigned station commander is desperately seeking good housing.

Rose'y Rohaley, Southern California Edison Catalina Island District Manager, announced that Cal Water has withdrawn its offer to purchase the water and gas plant and negotiations have officially been ended, for a number of unstated reasons. The current water level at the Thompson Reservoir is at 464 Acre Feet. When the reservoir gets to 300 Acre Feet, the Tariff rules provide that Phase II water rationing goes into effect. At the current usage we will reach that level by the first quarter of next year, unless we are fortunate enough to get some rainfall. 

ORAL COMMUNICATIONS - None
 
WRITTEN COMMUNICATIONS - None

PRESENTATIONS - None

CONSENT CALENDAR
There were seven items on the consent calendar; City Manager Woolson recommended removing item 4, Discounted Mooring Rates for Winter and Shoulder Periods , to wait for this item to be reviewed in conjunction with other fees as part of the budget. Mayor Kennedy removed item 3, Expenditures, to vote on it separately. Councilmember Nelson removed item 5, Extension of City-County Law Enforcement Services Agreement, for clarification. Councilmember Rikalo inquired from the City Attorney if she attended a seminar yet on AB811, and Ms. Albers responded that she was having a phone conference on Friday to discuss the steps to take and discuss their ability to assist the City in developing and implementing a program. Councilmember Nelson inquired who were the owners of Cat Tow in connection with the Oil Spill Response Equipment Grant; the City Manager replied that it was held by the same owners as Vessel Assist.  Bob Kennedy made the motion to approve items 1, 2, 6, and 6A, seconded by Sue Rikalo. (All Ayes)

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 June 2, 2009.

6. Authorized the Harbor Master to purchase a 2009 light duty forklift from the low bidder, Johnson Lift/Hyster, in the amount of $30,418, including sales tax. Adopted Resolution 09-07 declaring the 1980 Datsun light duty capacity forklift as surplus property to be disposed of.

6A. Adopted Resolution 09-08 allowing the City Manager to accept a $26,000 Oil Spill Response Equipment Grant from the Department of Fish and Game and authorized the City Attorney to execute a lease agreement for the Oil Spill Response Equipment to Cat-Tow, Inc. for one dollar ($1.00) per year.  

Pulled item:
3. Expenditures - Mayor Kennedy stated that he did not think that the money is within the budget so he will be voting no. Motion by Michael Ponce to approve warrants in the amount of $544,184.35 and payroll in the amount of $202,996.88 for a total expenditure amount of $747,1891.23, seconded by Tim Winslow. (4 Ayes, 1 No-Mayor Kennedy)

5. Extension of City-County Law Enforcement Services Agreement  Councilmember Nelson stated that he thought the City was going to add provisions to the contract for law enforcement services and wondered whether that had been done. City Attorney Albers clarified that the County of Los Angeles uses the same contract for all 55+ cities that it provides law enforcement services for and does not allow changes to the language.  Albers noted the recent meetings with Sheriff Baca are a much more effective way of obtaining the type of law enforcement approach desired by the City Council.

PUBLIC HEARING 
7 & 8. Annual Fee Review / Property Related Fees for Fiscal Year 2009/2010
The two items were linked together and discussed as a whole. This was the second of two public hearings on the proposed fee schedule for FY 2009/2010 and a first public hearing of the property related fees. Finance Director, Betty Jo Garcia, gave a detailed summary of what was being proposed which was raising all fees across the board 4.64% according to the CPI, excluding sewer fees, which will be raised 10%, and staff was recommending raising the dog licensing, to help offset the cost of purchasing bio-degradable doggie bags, raising the fee to register a golf cart to $25, the same price as a regular vehicle blue sticker, and adding the fee of $5 for a issuance of a temporary vehicle permit. Public comment was heard and City Council discussed and gave input, mainly regarding property related fees. Motion to adopt Resolution 09-09 setting fees for services, facilities and activities of the City of Avalon for Fiscal Year 2009-2010, excluding fees of sewer, dog licensing, golf cart, and adding a temporary vehicle permit fee, that will need to come back for a second hearing, by Michael Ponce, seconded by Sue Rikalo. (3 Ayes, Tim Winslow, Sue Rikalo, and Michael Ponce - 2 Noes, Scott Nelson and Bob Kennedy)  Property related fees will come back for a second hearing.

GENERAL BUSINESS
 9. Joe Machado Field Restroom/Concession Bid Results - Motion by Sue Rikalo to authorize staff to prepare a purchase order to Romtec for a pre-engineered building package, go out to bid for the labor, and reject the three bids received for the Joe Machado Field Reconstruction Project, seconded by Tim Winslow. (All Ayes) 
10. Appointment of Four Directors to the Avalon Medical Development Corporation (AMDC) - Motion to appoint Rose Ellen Gardner, Ron Salo, Maggie Maki and Ron Mueller, DDS to the Board of Directors of the Avalon Medical Development Corporation, for a term of three years by Sue Rikalo, seconded by Michael Ponce. (All Ayes)
 
11. City Treasurer Financial Report - Christy Lins, City Treasurer, gave a detailed report on all the City's funds.  Council asked questions and Mrs. Lins informed Council that she would like to come monthly and give Council updates. Mayor Kennedy emphasized that it is imperative that Council receive financial information in a timely manner. Mrs. Lins was thanked for doing a excellent job. 

12. Budget for Fiscal Year 2009-2010 - Councilmember Rikalo expressed her desire to have a special study budget meeting, instead of trying to accomplish too much this evening. Consensus was to do so, and to schedule the meeting in the afternoon.

Mayor Kennedy stated he had ideas to share with Finance Director, Betty Jo Garcia, which he feels will help offset the budget. Mayor Kennedy also stressed that a mid-year budget review should have been done. The inability of Council to react to our economic times without the proper and timely information has been very frustrating. Councilmember Nelson criticized the City Manager for not keeping the Council appropriately informed about financial developments affecting the City.

CLOSED SESSION (8:58 - 9:10 p.m.)
City Attorney Pam Albers reported that City Council met in Closed Session pursuant to Government Code 54957.9(a) to confer with legal counsel on whether to commence litigation against the County of Los Angeles. It was unanimously agreed by the City Council to not take any action pending discussions with Supervisor Knabe and Sam Olivito of the Contract Cities Association about the Council's concerns.  No other matters were discussed and no other action was taken.
  
CITY MANAGER'S REPORT - None

MAYOR'S REPORT - None
  
COUNCILMEMBER REPORT
Councilmember Michael Ponce announced that he was going to Sacramento next week to discuss the state budget and then meet with our legislators.

Councilmember Rikalo mentioned two things:
1. The CPUC is considering another rate hike application by Edison. She was asking the City for support to oppose the rate increase. Ms. Rikalo was going to forward the information she received from the Ratepayer's Advocate about ways to organize the community opposition to Pam Albers.

2. Having received news that the water and gas plant sale fell through, Ms. Rikalo proposed that the City look into the formation of a utility district.

ADJOURN: Mayor Kennedy adjourned the City Council meeting at 9:21 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 June 16, 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