AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 28, 2023
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
MINUTES
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to the general public. Once the Council Chambers reach maximum occupancy (as determined by the Fire Chief), the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].
CALL TO ORDER: 5:00 p.m.
ROLL CALL - Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa.
Also present: City Manager David Maistros, City Attorney Scott Campbell and Deputy City Clerk Gabrielle Morones.
ORAL COMMENTS - City Staff received two written correspondances via ask.com. One was from Kate Ruddon regarding Transient Rental Licenses and one from Catalina Business Enterprises regarding ICON of Avalon's business proposal. Copies were distributed to City Council and are on file in the City Clerk's office.
PRESENTATIONS - None
CONSENT CALENDAR - There were 9 Items on the Consent Calendar. Motion to approve Items #1-#9 made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
Minutes
Approved minutes from the November 2, 2023 Special City Council Meeting and November 7, 2023 regular City Council Meeting.
Warrants
Approved warrants in the amount of $635,233.43, two payroll totaling $477,018.53, two electronic fund transfers totaling $93,819.28 for a total expenditure of $1,206,071.24 October 30, 2023 through November 17, 2023.
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Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
Reconsidered the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determined that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
Adopt an Ordinance Amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code
Adopted Ordinance No. 1215-23 of the City of Avalon Amending Title 3, Chapter 3-1, Section 3-1.116 Revocation or Suspension of Licenses of the Avalon Municipal Code.
Resolution Approving the Title VI Plan Relating to Section 5309 Funds Adopted Resolution No. 23-41 of the City Council of the City of Avalon, California, Authorizing the Title VI Compliance Plan.
6. Declare Six (6) Spin Bikes as Surplus Equipment
Adopted Resolution No. 23-42 of the City Council of the City of Avalon Declaring Specified Equipment to be Surplus and Authorizing the Sale or Disposal Thereof.
Resolution to Oppose California Business Roundtable Statewide Initiative, Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
Adopted Resolution No. 23-43 of the City Council of the City of Avalon Opposing California Business Roundtable Statewide Initiative, Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Avalon Wastewater Treatment Plant Chlorine Contact Tank Coating Procurement Authorized the procurement of supplies, equipment and services for coating the chlorine contact tank at the WWTP chlorine tank for a not-to-exceed sum of $45,000
Extending the City's the Deadline to Establish an Online Permitting System for Post-Entitlement Phase Permits in Accordance with State Law Adopted Resolutions No. 23-44 of the City Council of the City Avalon, California Extending the Deadline to Establish an Online Permitting System for Post- Entitlement Phase Permits Under California Government Code Section 65913.3.5 (AB 2234).
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PUBLIC HEARING
10. Revised Fiscal Year 2023-2024 Miscellaneous Fee Schedule (1.) Heard a presentation regarding the Miscellaneous Fee Schedule. (2.) Mayor Marshall opened the Public Hearing, no comments were made. (3) Mayor Marshall closed the Public Hearing. (4.) Consensus was made to adopt the fee schedule with revisions as proposed and adopted Resolution No. 23-45 of the City Council of the City of Avalon Setting Fees for Services, Facilities and Activities of the City of Avalon for Fiscal Year 2023-24.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
11. Public Hearing - Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Renewal for a Commercial Autoette Permit
(1.) Mayor Marshall open the Public Hearing. (2.) Public Comments were heard from the applicant Shawn Cape of Dive Catalina, Lily Chu and Fire Chief Michael Alegria. (3.) Mayor Marshall closed the Public Hearing. (4.) City Council considered applicants appeal and determined to a). Uphold the decision of the Vehicle Hearing Officer's findings and decision dated September 6, 2023.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (4 Ayes- Marshall, De La Rosa, Lavelle and Ponce; 1 No-Schickling).
Shawn Cape of Dive Catalina requested that the appeal fee of $455 be waived.
Motion to approve made by Anni Marshall, seconded by Michael Ponce. (All Ayes)
GENERAL BUSINESS
12. Authorization to Purchase Spare Pump for Catherine Lift Station (1.) Made the affirmative finding that the Xylem, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-
4.111(b). (2.) Authorized the purchase of a Flygt 6" submersible sewage pump from Xylem, Inc. to be placed in inventory and be available for immediate replacement for a not-to exceed cost of $28,500. (3.) Allocated funds from Sewer Fund 108-25-6552 for the procurement in the amount of not-to-exceed $28,500.
Motion to approve made by Anni, seconded by Michael Ponce. (All Ayes)
13. Approval of Encroachment Permit for a Grease Interceptor within Third Street Adjacent to the Lobster Trap Restaurant
(1.) Approved an encroachment permit for a 750-gallon grease interceptor within Third Street adjacent to 126 Catalina Avenue, the Lobster Trap restaurant; and (2) Authorized the City Manager to negotiate with the property owner to
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determine the precise location of the installation, and the amounts of the required bond and liability insurance.
(3.) Adopted Resolution No. 23-46 of the City Council of the City of Avalon Approving an Encroachment Permit to Allow Installation of a 750-Gallon Grease Interceptor within the Public Right-of-Way Along Third Street.
Michael Ponce recused himself due to a Conflict of Interest.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-Marshall, De La Rosa, Lavelle and Schickling; 1 Abstention-Ponce).
14. Authorization to Upgrade Communication Equipment at WWTP (1.) Authorized PERC Water to have The LeMasters Company (TLC) replace the existing communication equipment for the Wastewater Treatment Plant (WWTP) with the radio based Phoenix System. (2.) Allocated funds from Sewer Fund 108- 25-6552 for the procurement in the amount of not-to-exceed $110,522.50.
Motion to approve made by Michael Ponce, seconded by Anni Marshall. (All Ayes).
15. Annual Love Catalina Tourism Authority Report
Received and filed report.
CLOSED SESSION-7:21 p.m.-7:59 p.m.
Following the appropriate announcement of the Closed Session items the City Council went into Closed Session to discuss the following:
1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to 54956.9(c):
One (1) case.
2. PUBLIC EMPLOYEE APPOINTMENT
Title: City Clerk
Following Closed Session the Mayor announced there was no reportable action.
Mayor Marshall adjourned the meeting at 7:59 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on November 28, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.
Salielle Mownes
Gabrielle Morones, Deputy City Clerk