Avalon City Council
February 15, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 15, 2022 - 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council.

Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON'S CITY COUNCIL and PLANNING COMMISSION MEETINGS 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 and wear a mask or face covering at all times. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, 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. All individuals entering the Council Chambers must wear a mask or face covering at all times. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e- Comment. Please use the link below to provide comments via e-Comment.

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial To submit comments using eComment, please follow this link:
https://avalon.granicusideas.com
Click the Meetings tab and then Post to comment on the 02/15/2022 meeting.

CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
PRESENTATIONS - None

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS / MAYOR REPORT

ORAL COMMUNICATION
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 two (2) minutes each.

CITY COUNCIL AGENDA
FEBRUARY 15, 2022
PAGE 2

CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council's approval.

Recommended Action
Approve minutes from the February 1, 2022 regular City Council Meeting.

Expenditures Submitted for Approval
• Warrants in the amount of $999,876.30.
• Successor Agency warrants in the amount of $127,500.00. • One payroll in the amount of $186,243.98.
• Four electronic fund transfers totaling $171,116.60.

Recommended Action
Approve total expenditures for January 24, 2022 through February 4, 2022 totaling $814,373.16.

Resolutions of the City Council of the City of Avalon Appointing a Director and Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors and California Transit Systems Joint Powers Authority (CalTIP) The City of Avalon (City) is a member of the California Intergovernmental Risk Authority (CIRA), a statewide risk sharing Joint Powers Authority (JPA) and is also a member of California Transit Systems Joint Powers Authority (CalTIP). Each CIRA and CalTIP member agency appoints a Director and Alternate Director to the Board of Directors. This allows each member agency input to direct and control the organization.

Recommended Action

1. Adopt resolution authorizing the City Manager to serve as the Director and Finance Director to serve as the Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors. 2. Adopt resolution authorizing the Finance Director to serve as the Director and City Manager to serve as the Alternate Director to the California Transit Systems Joint Powers Authority (CalTIP) Board of Directors.

4. Wastewater Treatment Plant Sewer Outfall - California State Lands Commission Lease Agreement No. 4695
The City of Avalon's wastewater treatment plant utilizes a 12 inch sewer outfall pipe in its operations. The pipe is located on land within the purview of the State of California State Lands Commission and requires a lease agreement.

Recommended Action
Adopt a resolution ratifying prior action and authorizing the City Manage to execute a lease agreement with the California State Lands Commission for areas of the Pacific Ocean adjacent to Pebbly Beach Road for a 25 year term beginning on September 21, 2021.

CITY COUNCIL AGENDA
FEBRUARY 15, 2022
PAGE 3

GENERAL BUSINESS

5. FY22 Mid-Year Financial Results and Proposed Budget Amendments On July 6, 2021, City Council adopted the City's annual operating and capital budget for the fiscal year ending June 30, 2022 (FY22).

Recommended Action

1. Receive the report of the Mid-Year Financial Results for FY21-22; and 2. Authorize the proposed budget amendments as outlined in Exhibit A to this report. The revenue and expenditure figures for activity through December 31 have been compiled to provide a comparative update to the adopted budget.

City of Avalon General Municipal Election - June 7, 2022 Love Catalina's desire to establish the Catalina Island Tourism Business Improvement District (CITBID). The CITBID is an assessment district proposed to generate revenue to help fund sales, marketing & communications and destination development programs for Catalina Island area lodging businesses and golf cart rental companies.

Recommended Action

1. Choose among listed options regarding payment costs including printing cost of statement and translation cost of candidate statement in voter pamphlet. (Usually paid by the candidate) 2. Adopt Election Resolutions: resolution calling the election, resolution requesting the Los Angeles County Board of Supervisors to provide election services and resolution adopting regulations for candidate statement. 3. Direct the City Clerk to publish the Notice of Election.

Consider Adoption of Resolutions Placing a General Tax Measure on the June 7, 2022 General Municipal Election Ballot to Establish a 1/4 Percent General Transactions and Use (Sales) Tax
The City of Avalon held a series of Revenue Generating Study Sessions to discuss proposals for COVID relief with the City Council on February 2, 2021. City Staff was directed to prepare a measure for the June 7, 2022 General Municipal Election ballot for Avalon voters to consider a 1/4 percent general transactions and use (sales) tax measure.

Recommended Action
Adopt the following resolutions: (1) a resolution calling for the placement of a 1/4 percent general transactions and use (sales) tax measure on the June 7, 2022 General Municipal Election ballot; (2) A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022; and (3) a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure.

Consider Adoption of Resolutions Placing a Transient Occupancy Tax (TOT) Measure on the June 7, 2022 General Municipal Election Ballot Increase TOT by One (1) Percentage Point and Reserving the Increase for the City's General Fund for a Period of 10 Years The City of Avalon held a Revenue Generating Study Session to discuss proposals for COVID relief with the City Council on February 2, 2021 and March 2, 2021. City Staff was directed to prepare a measure for the June 7, 2022 General Municipal Election ballot for Avalon voters to consider a measure to increase TOT by one (1) percentage point,

CITY COUNCIL AGENDA
FEBRUARY 15, 2022
PAGE 4
reserving the percentage increase for the City of Avalon General Fund. This increase would be temporary and sunset after 10 years.

Recommended Action
Adopt the following resolutions: (1) a resolution calling for a measure to appear on the June 7, 2022 General Municipal Election ballot to increase transient occupancy tax (TOT) by one (1) percentage point (13% total) and reserving that percent for the City of Avalon General Fund for a period of 10 years; (2) A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022; and (3) a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed TOT measure.

Appointment to Fill One Unexpired Term on the Planning Commission The Planning Commission is a seven person commission with one optional alternate member. Planning Commissioners serve four year terms. One Commissioner has recently resigned. City Council should appoint a member of the public to serve the remaining term, expiring in June 2022.

Recommended Action
Discuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for an individual to serve as Planning Commissioner for an unexpired term, expiring June 2022.

10. Consider Resolution of Intention to Establish the Catalina Island Tourism Business Improvement District
This item appears on the agenda at the request of Love Catalina - Catalina Island Tourism Authority. Love Catalina would like to establish the Catalina Island Tourism Business Improvement District (CITBID). The CITBID is an assessment district proposed to generate revenue to help fund sales, marketing & communications and destination development programs for Catalina Island area lodging businesses and golf cart rental companies.

Recommended Action
Discuss. If consensus, adopt a resolution of intention to establish the Catalina Island Tourism Business Improvement District and direct Staff to schedule a public hearing on March 15, 2022

ADJOURN

NOTICE OF POSTING
1, Denise A. Radde, declare that the City Council Agenda for Tuesday, February 15, 2022 was posted on Friday, February 11, 2022 on the City's website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road
Donic Chadde
Denise A. Radde, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER SMIL
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the February 1, 2022 Regular City Council Meeting.

REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerk's office.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
1) February 1, 2022 City Council Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 1, 2022 - 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361

MINUTES
Due to health recommendations from the Center for Disease Control and State of California TY COUNCIL anD PLANING COMMISION MEETINGS SHAL GENERAL! BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements and wear a mask or face covering at all times. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, 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. All individuals entering the Council Chambers must wear a mask or face covering at all times.

Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e-Comment. Please use the link below to provide comments via e-Comment.

CALL TO ORDER - 5:00 p.m.

ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Cinde Cassidy, Lisa Lavelle, Michael Ponce, and Yesenia De La Rosa. Also present: City Manager David Maistros, City Clerk Denise Radde, and City Attorney Scott Campbell. Absent: Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones.

WRITTEN COMMUNICATIONS - City Clerk Denise Radde received 1 written communication regarding the 2020 Election. City Council was provided a hard copy and electronic copy of the letter.

PRESENTATION - Catalina Express President and CEO, Greg Bombard, provided an update on the impact of newly proposed California Air Resources Board "Commercial Harbor Craft Regulations" on Catalina Express operations.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Mayor Marshall pulled Item #5 at the request of a City Council member to vote on the item separately.

Motion to approve Items #1-#4 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)

CITY COUNCIL MINUTES
FEBRUARY 1, 2022
PAGE 2
Minutes
Approved minutes from the January 4, 2022 (amended) and January 18, 2022 regular City Council Meeting.

Warrants
Approved warrants in the amount of $567,952.86, one payroll in the amount of $209,032.41, two electronic fund transfers totaling $37,387.89 for a total expenditure of $814,373.16 for January 10, 2022 through January 21, 2022.

Fiscal Year 2021-2022 Second Quarter Treasurer's Report Adopted Resolution No. 22-03 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency adopting the Treasurer's Investment Report for Fiscal Year 2021/2022 Second Quarter.

Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
Determined that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID- 19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.

PULLED ITEM

5. Fourth of July Barge
Authorized the City Manager to execute an agreement with Curtin Maritime to provide barge services for the 2022 Fourth of July fireworks display.

Motion to approve made by Anni Marshall, seconded by Lisa Lavelle. (4 Ayes- Marshall, De La Rosa, Lavelle and Ponce; 1 No-Cassidy)

GENERAL BUSINESS

6. Determine if the City Should begin the RFP/Bid Process for the City's Transit System or extend the existing contract with Transportation Concepts.

Extended Transportation Concept's contract an additional two-years and begin negotiations for the contract extension to be brought back to Council for a review at a later date and that Micro Transit be part of the review for the next round of RFP.

Motion to approve made by Lisa Lavelle, seconded by Cinde Cassidy. (All Ayes)

CITY COUNCIL MINUTES
FEBRUARY 1, 2022
PAGE 3
CLOSED SESSION - 6:14 p.m. - 7:41 p.m.

Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Following Closed Session the City Manager announced that there was no reportable action.

Mayor Marshall adjourned the meeting at 7:42 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on February 1, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.

Labelle Marnes
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2022 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: SIMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for January 24, 2022 through February 4, 2022 totaling $ 814,373.16.

REPORT SUMMARY: These expenditures through February 4* are comprised of warrants Trom the General Account totaling $999,8/6.30, warrants from the Successor Agency totaling $121,500.00, one payroll totaling $186,243.98, and other electronic fund transfers totaling $171,116.60.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 33773-33861 999,876.30 02/04/22 SA US BANK WARRANTS CK# 338-339 127,500.00 02/04/22
186,243.98 01/28/22
EFT - CALPERS MEDICAL 67,634.65 02/03/22
EFT - CALPERS UAL 68,735.51 02/03/22
EFT - CALPERS RETIREMENT 33,595.12 02/01/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,151.32 02/04/22 TOTAL DISBURSEMENTS $ 1,484,736.88
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY21-22 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details

CITY OF AVALON
JANUARY 24, 2022 - FEBRUARY 4, 2022 DISBURSEMENTS
February 15, 2022

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 33773-33861 $ 999,876.30 02/04/22 SA US BANK WARRANTS CK# 338-339 127,500.00 02/04/22
PAYROLL 186,243.98 01/28/22
EFT - CALPERS MEDICAL 67,634.65 02/03/22
EFT - CALPERS UAL 68,735.51 02/03/22
EFT - CALPERS RETIREMENT 33,595.12 /02/01/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,151.32 02/04/22 TOTAL DISBURSEMENTS $ 1,484,736.88

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
15TH DAY OF FEBRUARY 2022 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 15TH DAY OF FEBRUARY 2022

AUDIT COMMITTEE - YESENIA DE LA ROSA FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON
JANUARY 24, 2022 - FEBRUARY 4, 2022 DISBURSEMENTS
February 15, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
33773 02/04/2022 3,280.72 AAA OIL, INC FUEL - ALL DEPTS 33774 02/04/2022 3,030.92 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPTS 33775 02/04/2022 2,000.00 ANDLES, LLC OVERPAYMENT - TOT 33776 02/04/2022 819.21 ARIENS SPECIALTY BRANDS LLC UNIFORMS - PUBLIC WORKS 33777 02/04/2022 140,512.03 AVALON ENVIRONMENTAL SVCS SWEEPER, CONTRACT SERVICES - 12/2021 33778 02/04/2022 1,253.98 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPTS 33779 02/04/2022 13,534.29 BEST, BEST & KRIEGER, LLP LEGAL FEES - 12/2021 33780 02/04/2022 2,994.00 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT 33781 02/04/2022 252.60 BLUE CROSS OF CALIFORNIA REFUND - AMUBLANCE FEES 33782 02/04/2022 152.85 BOUND TREE MEDICAL SUPPLIES - FIRE 33783 02/04/2022 575.56 BROWN, MARISA RETIREE INSURANCE - 01/2022 33784 02/04/2022 57.60 CALIF. BUILDING STANDARDS COMM. QUARTERLY DUES - PLANNING 33785 02/04/2022 2,113.44 CANYON TERRACE HOA SETTLEMENT CLAIM 33786 02/04/2022 2,888.88 CATALINA BEVERAGE CO SUPPLIES - ALL DEPTS 33787 02/04/2022 2,053.70 CATALINA BROADBAND SOLUTIONS INTERNET - ALL DEPTS 33788 02/04/2022 222.14 PACIFICA CATALAN LTD PARTNERSHIP LODGING - IT 33789 02/04/2022 94,417.00 CATALINA CHAMBER OF COMMERCE TOT - 02/2022 33790 02/04/2022 19,916.66 CATALINA COASTAL TOURS & FISHING CONTRACT SERVICES - 02/2022 33791 02/04/2022 249,588.90 CATALINA EXPRESS 1ST HALF 01/2022 33792 02/04/2022 3,300.00 LONG, DAVID CONTRACT SERVICES - CDO 33793 02/04/2022 659.44 CATALINA ISLAND COMPANY SERVICE - RECREATION 33794 02/04/2022 81.25 CATALINA ISLAND JANITORIAL SERVICE - ADMINISTRATION 33795 02/04/2022 958.49 CATALINA ISLANDER ADVERTISING - ALL DEPTS 33796 02/04/2022 3,404.00 CDW GOVERNMENT SUPPLIES - IT
33797 02/04/2022 675.00 CERTIFIED PHONE SOLUTIONS SERVICE - ADMINISTRATION 33798 02/04/2022 26,996.80 CIRA WORKERS COMP FY22
33799 02/04/2022 124,054.74 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DEPUTY, WATERFRONT PATROL - 12/2021 33800 02/04/2022 4,470.59 COMMERCE HOSE & INDUSTRIAL PRODUCTS SUPPLIES - HARBOR 33801 02/04/2022 705.87 COOK, AMANDA RETIREE INSURANCE - 02/2022 33802 02/04/2022 3,770.13 CREATIVE SIGN, INC. SUPPLIES - ADMINISTRATION 33803 02/04/2022 64.50 DAPEER, ROSENBLIT & LITVAK,LLP SERVICE - VEHICLES 33804 02/04/2022 276.00 DEWEY PEST CONTROL SERVICE - ADMINISTRATION 33805 02/04/2022 1,106.92 M.O. DION & SONS, INC. FUEL - HARBOR 33806 02/04/2022 228.04 DIV OF ADMINSTRATIVE SERVICES QUARTERLY DUES - PLANNING 33807 02/04/2022 3,060.00 EAGLE PROTECTION SERVICE, INC. SERVICE - ADMIN/FIRE/FUEL DOCK 33808 02/04/2022 266.83 ENTENMANN-ROVIN CO. SUPPLIES - HARBOR 33809 02/04/2022 3,040.00 ENVIRON STRATEGY CONSULTANTS, INC SERVICE - WWTP 33810 02/04/2022 413.29 ESO SOLUTIONS, INC. SOFTWARE LEASE - FIRE 33811 02/04/2022 286.34 FERGUSON WATERWORKS SUPPLIES - PUBLIC WORKS 33812 02/04/2022 1,718.62 FLICKINGER, WILLIAM MEDICAL REIMBURSEMENT - 12/2021-02/2022 33813 02/04/2022 1,643.25 FORTIN, KELLY LITIGATION COSTS 33814 02/04/2022 4,300.02 GANAHL LUMBER COMPANY SUPPLIES - PUBLIC WORKS 33815 02/04/2022 250.00 GLADWELL GOVERNMENTAL SERVICES, INC SERVICE - ADMINISTRATION 33816 02/04/2022 150.00 GOVERNMENT FINANCE OFFICERS ASSOC. MEMBERSHIP DUES - FINANCE 33817 02/04/2022 2,715.61 GRAINGER SUPPLIES - ALL DEPTS 33818 02/04/2022 20.20 HERNANDEZ, ROGER REIMB O/P COSTS 33819 02/04/2022 2,187.87 HUD INDUSTRIES, INC. SUPPLIES - ALL DEPTS 33820 02/04/2022 1,852.48 JORDAHL CONSTRUCTION SUPPLIES - PUBLIC WORKS 33821 02/04/2022 2,705.00 LEAGUE OF CALIFORNIA CITIES ANNUAL DUES 33822 02/04/2022 187.61 LINDE GAS & EQUIPMENT INC. SUPPLIES - HARBOR 33823 02/04/2022 286.00 MANAGED HEALTH NETWORK SERVICE - ADMINISTRATION 33824 02/04/2022 43.96 MARINE DIESEL SERVICES, INC. SUPPLIES - GARAGE 33825 02/04/2022 983.50 MASA DUES - 02/2022
33826 02/04/2022 471.62 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES - PUBLIC WORKS 33827 02/04/2022 691.42 MCMASTER-CARR SUPPLIES - GARAGE/HARBOR 33828 02/04/2022 394.82 MED-TECH RESOURCE, INC. SUPPLIES - FIRE 33829 02/04/2022 20,161.81 MOFFATT & NICHOL SERVICE - PLANNING 33830 02/04/2022 8,153.50 MOFFATT & NICHOL SERVICE - PLANNING

CITY OF AVALON
JANUARY 24, 2022 - FEBRUARY 4, 2022 DISBURSEMENTS
February 15, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
33831 02/04/2022 1,280.00 MOFFATT & NICHOL SERVICE - PLANNING 33832 02/04/2022 19,408.32 MOFFATT & NICHOL SERVICE - PLANNING 33833 02/04/2022 2,432.42 MONTAGUE, STEVE MEDICAL REIMBURSEMENT - 07/2021-12/2021 33834 02/04/2022 459.70 MORAND, DUDLEY RETIREE INSURANCE - 01/2022 33835 02/04/2022 12.99 MORONES, GABRIELLE REIMB O/P COSTS 33836 02/04/2022 1,016.66 NAPA AUTO PARTS SUPPLIES - GARAGE 33837 02/04/2022 100.00 O'CONNOR, DANIEL SERVICE - HARBOR 33838 02/04/2022 752.60 QUADIENT LEASING USA, INC. LEASE PAYMENT 33839 02/04/2022 1,095.33 QUADIENT POSTAGE REFILL
33840 02/04/2022 2,675.46 QUILL CORP SUPPLIES - ALL DEPTS 33841 02/04/2022 954.35 RICOH AMERICAS CORP COPIER LEASE - PLANNING 33842 02/04/2022 423.48 RICOH USA, INC. COPIER LEASE - PLANNING 33843 02/04/2022 174.00 SAND TRAP BALANCE DUE - 12/2021 33844 02/04/2022 2,832.00 SCOTTSDALE INSURANCE COMPANY SETTLEMENT CLAIM 33845 02/04/2022 4,705.00 JOHNSON CONTROLS FIRE PROTECTION LP ANNUAL FEE - FIRE 33846 02/04/2022 8,890.10 SIRIA'S CLEANING SERVICE 1ST HALF 02/2022 33847 02/04/2022 48.00 SLATER, DAVID REFUND - MOORING FEES 33848 02/04/2022 3,000.00 SOUTHWEST MARINE RESOURCE, INC. SERVICE - HARBOR 33849 02/04/2022 3,385.12 SUPERION, LLC SOFTWARE LEASE - FINANCE 33850 02/04/2022 10,467.00 SWRCB PERMIT FEES - WWTP
33851 02/04/2022 201.73 GCAT, LLC SUPPLIES - IT
33852 02/04/2022 1,230.00 TARGET SOLUTIONS LEARNING, LIC TRAINING - FIRE 33853 02/04/2022 133,896.75 PARKING CONCEPTS, INC. CONTRACT SERVICES - 11/2021, 01/2022 33854 02/04/2022 255.11 UNITED SITE SERVICES OF CAUFORNIA SERVICE - HARBOR 33855 02/04/2022 US BANCORP SEVICE CENTER VOID - MULTI STUB CHECK 33856 02/04/2022 11,533.94 US BANCORP SEVICE CENTER SEE ATTACHED DETAIL 33857 02/04/2022 14,447.92 VEGA, EDMUNDO CONTRACT SERVICES - 01/2022 33858 02/04/2022 203.97 WEST MARINE PRO SUPPLIES - HARBOR 33859 02/04/2022 5,801.85 WESTRIDGE ENVIRONMENTAL SERVICES SUPPLIES - WWTP 33860 02/04/2022 1,732.50 WITTMAN ENTERPRISES, LLC SERVICE - FINANCE 33861 02/04/2022 60.00 YOCUM, GUY REFUND - MOORING FEES $ 999,876.30

CITY OF AVALON
JANUARY 24, 2022 - FEBRUARY 4, 2022 DISBURSEMENTS
February 15, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
338 02/04/2022 2,500.00 US BANK ROPS ITEM 3
339 02/04/2022 125,000.00 CITY OF AVALON ROPS 21-22B ITEM #20 127,500.00

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID FEBRUARY 4,2022
February 15, 2022

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CAMPBELL 12/20/2021 52.00 SENDHUB COMMUNICATIONS HUMAN RESOURCES CAMPBELL 12/28/2021 180.00 ROMAN COVID TESTS HUMAN RESOURCES CAMPBELL 12/28/2021 150.00 ROMAN COVID TESTS HUMAN RESOURCES CAMPBELL 12/30/2021 150.00 ROMAN COVID TESTS HUMAN RESOURCES CAMPBELL 1/4/2022 425.00 WESTERN REGION IPMA-HR CONFERENCE REGISTRATION HUMAN RESOURCES CAMPBELL 1/7/2022 300.00 WESTERN CITY MAGAZINE JOB ADVERTISEMENT HUMAN RESOURCES CAMPBELL 1/10/2022 550.00 LETSONGO.COM COVID TESTS HUMAN RESOURCES BAKER 11/16/2021 425.00 SWANK MOTION PICTURES MOVIE RENTAL RECREATION BAKER 12/6/2021 35.01 VONS PRIME TIMERS RECREATION
BAKER 12/13/2021 25.28 CHET'S HARDWARE MAINTENANCE SUPPLIES RECREATION BAKER 12/13/2021 15.36 VONS HOLIDAY LIGHTS RECREATION
BAKER 12/15/2021 11.60 USPS FREIGHT RECREATION
BAKER 12/16/2021 21.89 CHET'S HARDWARE MAINTENANCE SUPPLIES RECREATION BAKER 12/16/2021 15.36 VONS HOLIDAY LIGHTS RECREATION
BAKER 12/17/2021 110.00 CSMFO ANNUAL MEMBERSHIP FINANCE BAKER 12/24/2021 30.68 VONS HOLIDAY SUPPLIES RECREATION BAKER 1/7/2022 219.98 VISTA PRINT INVITATIONS RECREATION BAKER 1/10/2022 46.15 CHET'S HARDWARE OFFICE SUPPLIES RECREATION BAKER 1/10/2022 197.99 PICKELBALLCENTRAL.COM PICKLE BALL SUPPLIES RECREATION ALEGRIA 12/16/2021 25.16 USPS FREIGHT FIRE
ALEGRIA 12/20/2021 37.21 DOLLAR TREE CHRISTMAS BAGS FIRE ALEGRIA 12/28/2021 1,326.65 MEDEK HEALTH SYSTEMS COVID TESTS FIRE ALEGRIA 12/28/2021 679.97 MEDIDENTSUPPLIES.COM COVID TESTS FIRE ALEGRIA 12/29/2021 8.57 CHET'S HARDWARE MAINTENANCE SUPPLIES FIRE ALEGRIA 1/10/2022 1.76 USPS FREIGHT FIRE
RADDE 12/20/2021 450.00 GRAMMARLY YEARLY SUBSCRIPTION ADMINISTRATION RADDE 12/20/2021 408.00 CITRIX SYSTEMS YEARLY SUBSCRIPTION ADMINISTRATION RADDE 12/22/2021 62.69 VISTA PRINT BUSINESS CARDS ADMINISTRATION RADDE 1/3/2022 24.63 VAST CONFERENCE COMMUNICATIONS ADMINISTRATION RADDE 1/5/2022 82.96 CYBERLINK NETWORK IT SERVICE ADMINISTRATION RADDE 1/5/2022 172.53 GODADDY.COM DOMAIN RENEWAL ADMINISTRATION RADDE 1/11/2022 242.19 GREENFIELDS OUTDOOR RECREATION MAINTENANCE SUPPLIES ADMINISTRATION RADDE 1/12/2022 3,300.00 VIZOCARE.COM COVID TESTS ADMINISTRATION HART 1/13/2022 14.85 AVALN FREIGHT SERVICES FREIGHT RECREATION GREENLAW 12/24/2021 56.07 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/17/2021 94.81 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/17/2021 35.72 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/17/2021 11.74 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/20/2021 36.05 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/20/2021 494.86 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 12/21/2021 50.00 FORWARD LATERAL SOFTWARE SEWER PROGRAM PUBLIC WORKS HERNANDEZ 1/10/2022 277.16 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 1/13/2022 49.48 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 1/14/2022 79.70 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 1/14/2022 4.35 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 1/17/2022 142.95 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 12/21/2021 101.06 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 12/21/2021 41.01 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 1/3/2022 69.28 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 1/4/2022 32.24 AVALON PACK AND SHIP STORE FREIGHT PUBLIC WORKS HMIELAK 1/6/2022 13.58 VONS EMERGENCY REPAIR SUPPLIES PUBLIC WORKS HMIELAK 1/11/2022 14.82 CHET'S HARDWARE PARK MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 1/13/2022 113.15 SAFETYSIGN.COM STREET MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 1/13/2022 17.44 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS $ 11,533.94 CHECK 33856

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2022 AGENDA ITEM: 3
ORIGINATING DEP: Administration CITY MANAGER: SMI
PREPARED BY: Devin Hart, Administrative Analyst & Deputy City Clerk SUBJECT: Resolutions of the City Council of the City of Avalon Appointing a Director and Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors and California Transit Systems Joint Powers Authority (CalTIP)
RECOMMENDED ACTION(S): 1. Adopt resolution authorizing the City Manager to serve as the Director and Finance Director to serve as the Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors. 2. Adopt resolution authorizing the Finance Director to serve as the Director and City Manager to serve as the Alternate Director to the California Transit Systems Joint Powers Authority (CalTIP) Board of Directors.

REPORT SUMMARY: The City of Avalon (City) is a member of the California Intergovernmental Risk Authority (CIRA), a statewide risk sharing Joint Powers Authority (JPA) and is also a member of California Transit Systems Joint Powers Authority (CalTIP). CIRA exists for the purpose of providing its member agencies with comprehensive general liability coverage, workers' compensation, property insurance, special events insurance, and fidelity bonds. All members participate in pro-active safety and loss control programs, with the common goals of reducing risks, minimizing losses, and controlling costs. CalTIP provides similar benefits to the City, but only for public transportation liability, which is excluded by CIRA.

Each CIRA and CalTIP member agency appoints a Director and Alternate Director to the Board of Directors. This allows each member agency input to direct and control the organization. The Members work toward common goals and objectives to minimize loss exposures, expand coverage, and, ultimately, reduce costs. The Finance Director currently serves as the Alternate Director to the CIRA and Director to the CalTIP Board of Directors. The Assistant City Manager previously served as the Director to the CIRA and Alternate Director to the CalTIP Board of Directors.

Staff recommends the City Manager be named as the Director to the CIRA Board of Directors with the Finance Director to remain as the Alternate Director.

Further, Staff recommends continuing with the Finance Director as thep Director to the CalTIP Board of Directors, with the City Manager appointed as the Alternate Director.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The currently vacant position of Assistant City Manager would remain identified as the Director and Alternate member of the CalTIP/CIRA Board of Directors and the City would not have a voting representative attend these meetings.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS:

1. A Resolution of the City Council of the City of Avalon Appointing a Director and an Alternate Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors..

2. A Resolution of the City Council of the City of Avalon Appointing a Director and an Alternate Director to the California Transit Systems Joint Powers Authority (CalTIP) Board of Directors.

RESOLUTION NO._

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF AVALON APPOINTING A DIRECTOR AND ALTERNATE

DIRECTOR TO THE CALIFORNIA TRANSIT SYSTEMS

JOINT POWERS AUTHORITY (CALTIP) BOARD OF DIRECTORS
WHEREAS, on June 22, 2016, the City of Avalon, (the "City") entered into a joint powers agreement as a Member Agency with California Transit Systems Joint Powers Authority (hereinafter "CalTIP") for the purpose of jointly funding tort liabilities and other losses, and providing management services to reduce such losses of the City's public transportation operations; and
WHEREAS, pursuant to the agreement, each Member Agency of CalTIP is required to appoint a Director and an Alternate Director to act in the Director's absence, to represent the City as if the City itself were present and acting on the CalTIP Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the CalTIP Committees; and WHEREAS, at the June 21, 2016 regular meeting of the Avalon City Council, through Resolution No. 16-18, the City appointed the Finance Director, or the successor in office, to serve as its Director on the CalTIP Board of Directors to act on behalf of the City; and appointed the City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 15, 2016 regular meeting of the Avalon City Council, through • Resolution No. 16-39, the City appointed the Chief Administrative Officer, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 19, 2018 regular meeting of the Avalon City Council, through Resolution No. 18-38, the City appointed the City Manager, or the successor in office, to serve as its Director on the CalTIP Board of Directors and the Senior Accountant, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, at the November 19, 2019 regular meeting of the Avalon City Council, through Resolution No. 19-65, the City appointed the Finance Director, or the successor in office, to serve as its Director on the CalTIP Board of Directors and the Assistant City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
WHEREAS, the City now desires to replace the Assistant City Manager and appoint the City Manager, or the successor in office, to serve as the Alternate Director in the absence of the Director; and
RESOLVED FURTHER, that the City Clerk be instructed to inform the Secretary of CalTIP of the above appointment by sending a certified copy of this resolution to

CalTIP business office.

NOW, THEREFORE, the City Council of the City of Avalon hereby does determine, find and resolve as follows:

Section 1. That the Finance Director, or the successor in office, shall remain the Director to the CalTIP Board of Directors.

Section 2. That the City Manager, or the successor in office, shall replace the Assistant City Manager as the Alternate Director to the CalTIP Board of Directors, and may serve in the absence of the Director.

Section 3. That the City Clerk shall send a certified copy of this resolution t ‚alTIP's business office so that CalTIP mav be dulv notified of thi:
change.

Section 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.

Ayes:

Noes:
• Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP
RESOLUTION NO..

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON APPOINTING A DIRECTOR

TO THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)

BOARD OF DIRECTORS
WHEREAS, the City of Avalon, (the "City") was a party to the Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California ("PARSAC"), dated May 26, 2011 (the "Joint Powers Agreement"), and, as such, is a Member Agency of PARSAC, as that term is defined in the Joint Powers Agreement, and
WHEREAS, PARSAC and Redwood Empire Municipal Insurance Fund merged effective July 1, 2021 creating a new pool, the California Intergovernmental Risk Authority (CIRA); and
WHEREAS, pursuant to the Joint Powers Agreement, each Member Agency of CIRA is required to appoint a Director and an Alternate Director to act in the Director's absence, to represent the City as if the City itself were present and acting on the CIRA Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the CIRA Executive Committee; and WHEREAS, the City desires to appoint the City Manager, or the successor in office, to serve as its Director on the CIRA Board of Directors to act on behalf of the City, a Member Agency of CIRA, on all matters to come before the Board of Directors, as if the City itself were present and acting at such meeting, and for such Director to be eligible for serving on the PARSAC Executive Committee; and WHEREAS, the City desires to appoint the Finance Director, or the successor in office, to serve as the Alternate Director in the absence of the Director; and RESOLVED FUR HER, that the City Clerk be instructed to inform the Secretary of CIRA of the above appointment by sending a certified copy of this resolution to CIRA's business office.

NOW, THEREFORE, the City Council of the City of Avalon hereby does determine, find and resolve as follows:

Section 1. That the City Manager, or the successor in office, shall be appointed as the Director to the CIRA Board of Directors.

Section 2. That the Finance Director, or the successor in office, shall be appointed as the Alternate Director to the CIRA Board of Directors, and may serve in the absence of the Director.

Section 3. That the City Clerk shall send a certified copy of this resolution to CIRA's business office so that CIRA may be duly notified of this change.

Section 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15t day of February, 2022.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:

Scott Campbell
Best Best & Krieger, LLP

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2021 AGENDA ITEM: 4
ORIGINATING DEP: Public Works CITY MANAGER DUM
PREPARED BY: Robert Greenlaw, Public Works Director
SUBJECT: Wastewater Treatment Plant Sewer Outfall - California State Lands Commission Lease Agreement No. 4695
RECOMMENDED ACTION(S): Adopt a resolution ratifying prior action and authorizing the City Manage to execute a lease agreement with the California State Lands Commission for areas of the Pacific Ocean adjacent to Pebbly Beach Road for a 25 year term beginning on September 21, 2021.

REPORT SUMMARY: The City of Avalon's wastewater treatment plant utilizes a 12 inch sewer outfall pipe in its operations. The pipe is located on land within the purview of the State of California State Lands Commission. The area is generally described as a strip of tide and submerged land 20 feet wide by 1,074 feet long lying in the San Pedro Channel in the Pacific Ocean east of Pebbly Beach Road on the northeasterly side of Santa Catalina Island.

In order to continue to utilize this outfall pipe, the City is required to enter into a lease agreement with the State Lands Commission.

The proposed 25 year lease agreement began on September 21, 2021. To finalize the lease, the State Lands Commission requires a resolution authorizing the City Manager as the designated signatory.

The lease agreement was executed on February 4, 2022.

GOAL ALIGNMENT: Infrastructure Improvement.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The wastewater treatment plant will not be authorized to use existing infrastructure.

FOLLOW UP ACTION(S): Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Resolution and Lease Agreement No. 4695.

RESOLUTION NO. _

RESOLUTION OF THE COUNCIL OF THE CITY OF AVALON APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENT NO. 4695 WITH THE STATE LANDS

COMMISSION REGARDING STATE LANDS UTILIZED BY THE WASTEWATER

TREATMENT PLANT FOR A SEWER OUTFALL PIPE
WHEREAS, the State of California, through the State Lands Commission, has asserted jurisdiction over certain tidal lands located in the City of Avalon (the "City"), including areas of the Pacific Ocean, adjacent to Pebbly Beach Road, and has demanded that the City enter into a lease agreement with the State for such property; and
WHEREAS, the City wastewater treatment plant utilizes areas of State Lands to maintain a 12-inch diameter sewer outfall pipe, specifically a strip of tide and submerged land 20 feet wide lying in the San Pedro Channel in the Pacific Ocean at Pebbly Beach on the northeasterly side of Santa Catalina Island; and
WHEREAS, an existing lease agreement with the State Lands Commission reached its expiration date and a new lease agreement is required to continue to utilize State lands; and WHEREAS, beginning on September 21, 2021, the State Lands Commission approved a lease with a term of 25 years with the City; and
WHEREAS, the City shall comply with all existing and subsequently enacted laws or regulations promulgated by any Federal, State or local government having lawful authority and jurisdiction over the outfall pipeline diffuser; and
WHEREAS, the City shall maintain a current National Pollutant Discharge Elimination System (NPDES) permit during the term of the lease; and WHEREAS, no later than September 1, 2026, and every five (5) years thereafter, the City shall conduct an external inspection of the outfall pipe, and conduct an inspection when warranted by extraordinary circumstances such as an accident, a significant storm event or seismic event; and
WHEREAS, the City shall not add or allow the placement by any other party of any additional improvements on the Lease Premises without the prior express written consent of the State Lands Commission; and
WHEREAS, the City acknowledges, the Lease Premises and adjacent upland are located in an area that may be subject to effects of climate change, including sea-level rise. To prepare for the potential effects of sea-level rise, including flood damage, erosion damage, tsunamis, and damage from waves and storm-created debris, the Lessee acknowledges and agrees the hazards associated with sea-level rise may require additional maintenance or protection strategies regarding the improvements on the Lease Premises; and WHEREAS, the City assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages, costs, and liabilities arising as a result of the impacts of such hazards on the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by the State Lands Commission and be subject to environmental review; and
WHEREAS, the City Council ratifies prior action and authorizes the City Manager executing the lease agreement on February 4, 2022;
NOW, THEREFORE, the City Council of the City of Avalon does hereby resolve as follows:

Section 1. All of the recitals herein contained are true and correct and the City Council so finds.

Section 2. In accordance with California Government Code Section 27281, the City of Avalon hereby accepts that certain lease for public purposes and all related purposes described in the Lease to the City of Avalon, a municipal corporation, by the State of California, a public entity, to the real property as more particularly described in Exhibit A attached hereto.

SECTION 3. The City Manager is hereby authorized to execute any other permits and agreements with the State that may become necessary in connection with wastewater treatment plant sewer outfall.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 15" day of February, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA
California State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202

STATE OF CALIFORNIA

OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Any: 2.08 A5.03 7480-045-038
LEASE NO. 4695
This Lease consists of this summary and the following attached and incorporated parts:

Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
SECTION 1

BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to the City of Avalon, hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.

MAILING ADDRESS: 410 Avalon Canyon Road
Avalon, CA 90704
LEASE TYPE: General Lease - Public Agency Use
LAND TYPE: Sovereign
LOCATION: Pacific Ocean, near Avalon, Santa Catalina Island, Los Angeles County, as described in Exhibit A attached and by this reference made a part hereof.

LAND USE OR PURPOSE: Use and maintenance of an existing 12-inch diameter treated sewage wastewater outfall pipeline and ballast rock.
'TERM: 25 years; beginning September 1, 2021; ending August 31, 2046, unless sooner terminated as provided under this Lease.

CONSIDERATION: Public use and benefit. Subject to modification by Lessor as specified in Paragraph 3(c) of Section 3 - General Provisions.

AUTHORIZED IMPROVEMENTS:

X. EXISTING: One 12-inch diameter treated sewage wastewater outfall pipeline and ballast rock.

N/A TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY:

AND BE COMPLETED BY:

SURETY BOND OR OTHER SECURITY: $0
SECTION 2

SPECIAL PROVISIONS

BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:

1. All future repairs, structural modifications/additions, abandonment, or removal of the outfall pipeline and ballast rock within the Lease Premises shall require Lessor's prior review and approval. However, in the event of an emergency requiring immediate action to protect public safety or environmental health, Lessee may perform the necessary work without Lessor's prior review and approval. Immediately following any emergency work, Lessee shall contact Lessor at the 24-hour emergency response number (562) 590-5201 and inform Lessor of the emergency and nature of the work and provide Lessor with any information reasonably requested by Lessor regarding such work.

2. Lessee shall comply with all existing and subsequently enacted laws or regulations promulgated by any Federal, State, or local government having lawful authority and jurisdiction over the outfall pipeline and diffuser. Lessee shall maintain a current National Pollutant Discharge Elimination System (NPDES) permit during the term of the Lease.

3. No later than September 1, 2026, and every five (5) years thereafter, Lessee shall conduct an external inspection of the outfall pipeline. Additionally, Lessee shall conduct such inspection when warranted by extraordinary circumstances such as an accident, a significant storm event or seismic event. At no cost to Lessor, Lessee shall promptly submit to Lessor copies of the results of the external inspections including reports, analyses, and recommendations.

4. Lessee shall not add or allow the placement by any other party of any additional improvements on the Lease Premises without the prior express written consent of Lessor. At no cost to Lessor, Lessee shall remove or cause any such unauthorized improvement to be immediately removed in accordance with all appropriate legal and regulatory requirements.

5. Lessee acknowledges and agrees:
a. The site may be subject to hazards from natural geophysical phenomena including, but not limited to waves, storm waves, tsunamis, earthquakes, flooding and erosion. b. To unconditionally waive any claim or damage or liability against the State, its agencies, officers, agents, and employees for injury or damage from such hazards. c. To indemnify, hold harmless and, at the option of the Lessor, defend the State, its agencies, officers, agents, and employees, against and for any and all liability, claims, demands, damages, or injuries or costs of any kind and from any cause (including costs and fees incurred in the defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to this property or issuance of this Lease, any new lease, renewal, amendment, or assignment by Lessor.

6. Lessee acknowledges that the Lease Premises and adjacent upland are located in an area that may be subject to effects of climate change, including sea-level rise. To prepare for the potential effects of sea-level rise, including flood damage, erosion damage, tsunamis, and damage from waves and storm-created debris, the Lessee acknowledges and agrees to the following:
a. Hazards associated with sea-level rise may require additional maintenance or protection strategies regarding the improvements on the Lease Premises. b. Consistent with Section 3, Paragraph 8, the Lessee assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages, costs, and liabilities arising as a result of the impacts of such hazards on the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by Lessor pursuant to Section 3, Paragraph 5(a) and be subject to environmental review.

7. Upon expiration or prior termination of the lease, the Lessee has no right to a new lease or to renewal of any previous lease.

SECTION 3

GENERAL PROVISIONS

1. GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control. •

2. DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below:
"Additions" shall be defined as any use or Improvements other than those expressly authorized in this Lease. "Alterations" shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease Premises from what is authorized in this Lease. Alterations shall also include any modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease. "Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform.
"Damages" shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation: (i) reasonable attorneys', strict liability, whether arising under Environmental Laws or otherwise. "Default" shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease. "Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC $$ 21000 et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §$ 2601 et seq.J; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS $$ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS $$ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.J; the Surface Mining Control and Reclamation Act [30 USCS §$ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C $$ 25280 et seq.]; the California Hazardous Substances Account Act TH & SC §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C $§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C 8§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. "Hazardous Material shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law. "Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.

Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises. "Lease" shall be defined as this lease contract together with all amendments and exhibits. "Lease Premises" shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which Form51.16 (Rev. 10/14)

is authorized by this Lease.
"Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission. "Regulatory Agency" shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over the Lease Premises. "Repairs" shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any Improvement on the Lease Premises.
"Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others. "Residence" shall not include transitory, intermittent, recreational use of facilities such as campgrounds. "Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or additions to, the upland property and are not water-dependent uses. Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values.

3. CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein.

Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease.

Said sums shall be paid in lawful money of the United States of America. Lessee shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided by Lessor as a courtesy. Lessor's failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent. (c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (I) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the effective date of the increase, whichever provides a greater notice period.

If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income.
(d) Penalty and Interest
Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent (5%) of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. (e) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State. Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party Form51.16 (Rev. 10/14)

which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reeváluate the requirements of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty (30) days notice prior to the date of the Commission meeting wherein the rent modification is considered. or thirty (30) days' notice prior to the effective date that this Lease is converted to a monetary rental, whichever provides more notice. (f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee. Alternately, Lessee may contact Lessor's accounting department for Lessor's current practices for payment by credit card or electronic fund transfer.

4. BOUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future.

5. LAND USE
(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later.
(2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises. (b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. Lessee's discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to (c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition. (2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee.
(3) Lessee expressly accepts the Lease Premises "as is" and expressly acknowledges that:
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements.

Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and
(ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for Form51.16 (Rev. 10/14)

the Lessee's intended use; and
(iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises. (iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply.
(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee xpressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by: local o invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards. (d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from - Are Actings or Aleration any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises. (e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises.
(t) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected by federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status, veteran status, or disability. (g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses. (h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests only. Use of the Lease Premises for commercial purposes; conducting a business, whether for profit or otherwise; and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.

6. RESERVATIONS, ENCUMBRANCES, AND RIGHTS-OF-WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources. Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission. Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease. (3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right-of-way shall. be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.

Form51.16 (Rev. 10/14)

(4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose.

7. RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations. Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles.
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. Lessee expressly acknowledges that issuance of this Lease does not substitute for, or provide preference in obtaining authorizations from other Regulatory Agencies. (1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof, levied by any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no (2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of such year during which this Lease was in effect.
(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request.
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges.

8. INDEMNITY
(a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk. (b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee's occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance, enjoyment, interpretation, Breach, or Default of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee's failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency. (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other.
(d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to Form51.16 (Rev. 10/14)

this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge.
(e) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises.

9. INSURANCE
(a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sums) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements. (b) The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally identified, as well as their location on state owned property. The coverage provided shall be primary and non-contributing. Lessee shall keep such policy current. Lessor shall be named as a "certificate holder" and/or an "additional interest" on the policy. Lessee shall provide Lessor with a current certificate of insurance at all times. At Lessor's request, Lessee shall provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy. (c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason.

10. SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease. (b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need for security. The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30) days notice prior to the effective date of the increase, whichever provides more notice.
(c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder.

11. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld.
(1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse. In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer. (2) Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease:

Form51.16 (Rev. 10/14)

(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other transfer of substantially all the assets of Lessee. If Lessee is a publicly traded entity, transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership.
(c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following:
(1) Give not less than 90 days' prior written notice to Lessor; (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer; (4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee.
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors.
(e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the party's acceptance of the new terms. Lessee's rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions imposed by a separately negotiated encumbrancing agreement.
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee's tenancy. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non- monetary Defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future.

Form51.16 (Rev. 10/14)

(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend the term of this Lease.

12. DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default (1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease; or (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; or
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term; or
(4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or (5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance; or (6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease.
(7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge, expressed written consent or authorization of the Lessor. (b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease. However, if the nature of Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion.
(c) Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease, and take other appropriate action. Lessor will provide written notice of each Breach as provided above, and provide written notice that future Breaches will constitute immediate Default with no cure period.

In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law:
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; or (2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means. The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination. Such termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice. Lessee shall • immediately surrender possession of the Lease Premises to Lessor. Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including any necessary Repair, renovation, alteration, remediation, or removal of Improvements; or (3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the Form51.16 (Rev. 10/14)

(4) Exercise any other right or remedy which Lessor may have at law or equity. (e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party. Lessor's acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting Breach at the time rent is accepted.

I3. RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a) Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed the Improvements on the Lease Premises; or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State. (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements. For purposes of this Lease, restoration includes removal of any landscaping; removal of any Hazardous Materials; and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law.
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall not pay, and Lessee shall not be entitled to compensation for Lessor's taking title to such property. (b) Environmental Matters
(1) Lessee's Obligations:
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless specifically authorized under other terms of this Lease. (il) Lessee shall practice conservation of water, energy, and other natural resources. (iii) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in the event of any release or threatened release of any Hazardous Material. (2) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved Form51.16 (Rev. 10/14)

by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law. (3) Environmental Indemnity.

Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder; or out of any violation by Lessee of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee's tenancy. This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month-to-month tenancies created by operation of law. Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease. (4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, shall notify Lessee when, in Lessor's opinion, Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within five (5) business days. Lessee shall take all measures necessary to remedy the condition.

14. QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.

15. HOLDING-OVER
(a) This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease. Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies.
(b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms, covenants, and conditions can be applicable to a month-to-month tenancy (c) In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises.

The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days prior written notice to the

16. ADDITIONAL PROVISIONS
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease.

Form51.16 (Rev. 10/14)

(b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address.
(d) Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event. (e) Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties.
(f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several. (h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and Shall have no effect upon the construction or interpretation of this Lease. (i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law. ) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any allegec covenant, agreement or understanding not contained in this Lease. (k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires.
(1) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement.
(n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Form51.16 (Rev. 10/14)

STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO. 4695
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.

LESSEE: LESSOR:

CITY OF AVALON STATE OF CALIFORNIA

STATE LANDS COMMISSION
By:

Tide: Cury Manager Title:

Date:2/4/2022 Date:

ATTACH ACKNOWLEDGMENT Execution of this document was authorized by the California State Lands Commission on
(Month Day Year)
Form51.16 (Rev. 10/14)

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of tos Argehes.

Mark HAlft, Notary Public
On oe/o1/f0ze before me,.
(insert name and title of the officer)
personally appeared I/AVID MictitEl MEISTiZOS
who proved to me on the basis of satisfactory evidence to be the person(8) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in his/het/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(ø), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

MARK H. ALFT
Notary Public - California
WITNESS my hand and official seal. Los Angeles County
Commission # 2293359
My Comm. Expires Jul 13, 2023
Signature (Seal)
Mark H Alft, Notary Public

EXHIBIT A
LEASE 4695

LAND DESCRIPTION
A strip of tide and submerged land 20 feet wide lying in San Pedro Channel in the Pacific Ocean at Pebbly Beach on the northeasterly side of Santa Catalina Island, Los Angeles County, State of California, lying 10 feet on each side of following described centerline:

COMMENCING at a point which bears N 51° 06' E, 116.98 feet from the most northerly corner of Lot 1, Cano's Subdivision of Lot B, Town of Avalon as shown on map filed in Book 70, Page 68, Miscellaneous Records of Los Angeles County; thence N 45° 44' E, 19.54 feet; thence N 53° 36' E, 89.37 feet to the POINT OF BEGINNING, said point being the southeast corner of Pebble Beach Road as shown on Miscellaneous Map filed in Book 1, Page 36 of Records of Los Angeles County; thence the following forty (40) courses:

1. N 53° 36' E, 41.09 feet;

2. N 68° 36' E, 48.84 feet;

3. N 78° 43' E, 91.32 feet;

4. S 70° 44' 30" E, 138.55 feet;

5. S 88° 10' E, 81.27 feet;

6. S 64° 20' E, 132.75 feet;

7. S 45° 05' E, 73.28 feet;

8. S 23° 18' E, 102.91 feet;

9. S 21° 17' E, 113.63 feet;

10. S 62° 23' E, 109.74 feet;

11. S 54° 50' E, 59.41 feet;

12.S 77° 52'30" E, 164.39 feet;

13. S 66° 13' E, 60.75 feet;

14. S 79° 08' 30" E, 89.98 feet;

15. N 89° 41' E, 44.65 feet;

16. N 68° 10' E, 47.30 feet;

17. N 78° 22' E, 55.20 feet;

18. N 54° 57' E, 77.63 feet;

19. N 34° 31' E, 185.82 feet;

20. N 49° 27' E, 98.38 feet;

21. N 66° 25' E, 62.79 feet;

22. S 83° 51' E, 36.03 feet;

23. S 58°23' E, 22.28 feet;

24. S 42° 07' E, 27.85 feet;

25. S 41° 22'E, 139.74 feet;

26. S 47° 52' E, 86.29 feet;

27. S 41° 28' E, 288.95 feet;

28. S 37° 14' E, 212.23 feet;

29. S 35° 39' E, 123.19 feet;

30. S 41° 13' E, 139.71 feet;

31. S 23° 14' E, 111.44 feet;

32. S 31° 28' E, 111.44 feet;

33. S 32° 53' E, 234.86 feet;

34. S 27° 15' E, 73.40 feet;

35. S 32° 25' E, 69.12 feet;

36. S 19° 29' E, 82.65 feet;

37. S 23° 23' E, 136.41 feet;

38. S 33° 50' E, 212.85 feet;

39. S 28° 17' E, 160.30 feet;

40. S 32° 47' E, 182.91 feet to a point, being N 22° 51' 20" W 1074.00 feet from an iron pipe located in the easterly side of Pebble Beach Road, said iron pipe being designated as Pt. 5 on Map of Pebble Beach Tract prepared by A. H.

Benedict, on February 1947, said map filed with Santa Catalina Island Company; thence continue N 57° 13' E 400 feet to the TERMINUS of the above described centerline.

The sidelines of said strip to be lengthened or shortened as to begin on the ordinary high water mark of said Pacific Ocean and to terminate at a line perpendicular to the terminus of said centerline.

EXCEPTING THEREFROM any portion lying landward of the ordinary high water mark of said Pacific Ocean.

END OF DESCRIPTION
The above description is based on that original description prepared by CSLC BIU 1 on August 31, 1972 as found in PRC 4695 (W 9401) file, Calendar Item 1.

Revised on December 1, 2021 by California SONAL LAND
State Lands Commission Boundary Unit 00CO0000000000-
ROF

NO SCALE SITE

EXISTING
SEWER

OUTFALL
PEBBLY

PACIFIC
BEACH
OCEAN

APN ROAD
7480-045-038

SHORE E

NEAR PEBBLY BEACH, SANTA CATALINA ISLAND
NO SCALE LOCATION Exhibit B
LEASE 4695

CITY OF AVALON
3 SANTA APN 7480-045-038

GENERAL LEASE-

CATALINA SITE PUBLIC AGENCY USE

LOS ANGELES COUNTY
ISLAND

PACIFIC CATALINA
ISLAND
OCEAN
MAP SOURCE: USGS QUAD
SITE I

THIS EXHIBIT IS SOLELY FOR PURPOSES OF GENERALLY DEFINING THE

LEASE PREMISES, IS BASED ON UNVERIFIED INFORMATION PROVIDED BY

THE LESSEE OR OTHER PARTIES AND IS NOT INTENDED TO BE, NOR

SHALL IT BE CONSTRUED AS, A WAIVER OR LIMITATION OF ANY STATE INTEREST IN THE SUBJECT OR ANY OTHER PROPERTY. TS 12/01/2021

CITY OF AVALON CITY COUNCIL
5 MEETING DATE: February 15, 2022 AGENDA ITEM:

ORIGINATING DEP: Finance CITY MANAGER: AM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: FY22 Mid-Year Financial Results and Proposed Budget Amendments
RECOMMENDED ACTION(S): (1) Receive the report of the Mid-Year Financial Results for FY21-22; and (2) Authorize the proposed budget amendments as outlined in Exhibit A to this report.

BACKGROUND: On July 6, 2021, City Council adopted the City's annual operating and capital total $11,751,423, with recurring operating expenditures totaling $9,246,862, non-recurring planning report expenditures totaling $631,392, capital outlays totaling $1,537,669 and transfers to other funds totaling $335,500. This reflects a structurally balanced budget in the General Fund. The adopted budget for the Harbor Fund includes fund revenues totaling $8,679,360, comprised of $7,370,144 in operating revenues and $1,309,216 in grants and other non- operating revenues. Harbor Fund appropriations total $8,518,757 with $6,386,358 in operating expenditures and $2, 132, 399 in capital outlays. This also reflects a structurally balanced budget in the Harbor Fund with excess revenues over expenditures to be used to restore reserves.

Sewer, Saltwater, and Solid Waste Funds were budgeted to align with the recently completed cost of service study adopted by City Council on June 1, 2021, which included planned draws on reserves for the Sewer and Solid Waste Fund in the current budget year.

REPORT SUMMARY: The revenue and expenditure figures for activity through December 31 have been compiled to provide a comparative update to the adopted budget. Due to the timing of when certain revenues are received or when funds are expended (e.g. visitor-driven revenues peak during first quarter, insurance paid at beginning of year for entire year), amounts may be greater or less than 50% of the budgeted amounts as of December 31st. Due to COVID-19's impact on operations during the second half of the fiscal year ended June 30, 2020 (FY20) anc the first half of the fiscal year ended June 30, 2021 (FY21), comparisons to mid-year figures may not reflect anticipated activity for the current fiscal year (FY22).. Fund descriptions focus on operating revenues and expenditures, with capital outlays and grant revenues discussed separately in this report.

As part of the mid-year budget process, Management reviewed expenditures to identify accounts where expenditures exceeded or are on pace to exceed budgeted amounts. Under the City's 1 Budget and Fiscal Policies adopted with the FY22 Budget, Management has the authority to make budget adjustments within departments and expenditure categories under certain prescribed amounts provided no additional funds are expended. See Exhibit B for a list of budget adjustments made as part of this mid-year review.

General Fund Operations
FY22 operating revenues total $7,295,539 as of December 31s (67.4% of budgeted) compared to $4,812,071 (42.5% of actual) in FY21 and $5,356,389 (55.6% of actual) in FY20. FY22 operating expenditures, excluding internal service allocations, total $3,386,672 at mid-year (40.6% of budgeted) compared to $3,288,438 (43.0% of actual) in FY21 and $4,357,487 (52.4% of actual) in FY20. See below for a comparison to prior mid-year activity by major revenue source and department.

General Fund FY22 Budget | FY22 Mid-Year | FY21 Mid-Year | FY20 Mid-Year Revenue
TOT - Hotel $3,700,000 $3,186,979 $2,189,359 $2,456,635 TOT - Vac. Rentals 1,450,000 1,349,092 849,904 1,000,986 Sales Tax 860,000 512,230 363,681 414,980
Property Tax 1,158,051 87,056 171,115 129,791
Admissions Tax 580,000 426,081 256,476 344,202
Other Revenues 3,074,795 1,734,101 981,536 1,009,795
Subtotal $10,822,846 $7,295,539 $4,812,071 $5,356,389
Operating Expenditures by Department
Fire Department (2,229,992)| (1,054,549) (1,173,151) (1,227,791) Law Enforcement (1,610,000) (513,868) (494,296) (625,138) Public Works' (746,388) (358,834) (388,616) (582,621)
Recreation (690,154) (319,369) (294,282) (427,917)
Planning (1,039,386) (274,977) (190,071) (344,904)
Other? (2,024,814) (865,075) (748,022) (1,149,116)
Subtotal ($8,340,734) ($3,386,672) ($3,288,438) ($4,357,487) Internal Service
Expenditures3 (1,537,520) (779,816) (615,309) -
Net Operating
Revenue (Loss) $944,592 $3,129,052 $ 908,324
General Fund Revenues
1 Public Works departmental expenditures divided between the General Fund and the Harbor Fund. 2 Other includes Hospital Sales Tax Pass-thru, Chamber Marketing Contribution, and Successor Agency Administration. 3 Internal Service charges were not booked at mid-year in FY20 and were not recalculated to determine service charges for 2 Transient occupancy tax is the largest revenue source in the General Fund and accounts for

47.6% of budgeted operating revenues in FY22. The adopted budget estimated TOT revenues to be approximately 95% of pre-COVID activity. Although TOT during the fourth quarter of the prior fiscal year significantly exceeded pre-COVID levels, a conservative estimate was used during the development of the budget in consideration for the ongoing pandemic and its potential impact on tourism in the City. However, the City has continued to experience strong growth in TOT revenues as a result of both increased occupancy rates and average room rates, and TOT is currently on track to exceed budget estimates by approximately $1.7 million, before required allocations to the Chamber. See below for a breakdown comparing budget estimates to collections for hotel and vacation rentals, combined.

Transient Occupancy Tax (Combined)
Month FY19 Actual FY20 Actual4 FY21 Actual FY22 Budget FY22 YTD5 July $ 896,731 $ 922,228 $653,950 865,000 $1,326,545
August 811,148 892,324 843,949 785,000 1,231,182
September 591,808 614,488 726,057 565,000 890,324
October 483,149 534,134 605,663 450,000 773,515
November 302,564 323,092 303,535 290,000 445,949
December 220,063 226,652 70,872 200,000
January 178,181 185,434 69,404 170,000
February 175,556 245,205 137,594 170,000
March 323,140 101,779 348,900 310,000
April 393,631 4,513 554,539 375,000
May 426,202 13,176 707,213 405,000
June 599,714 236,072 984,110 565,000
Total $ 5,401,887 $ 4,299,097 $6,005,786 $5,150,000 $4,667,515 Sales tax, admission tax, and other visitor-driven tax revenues in the General Fund are also currently on track to exceed budget estimates. The City's sales tax revenues during the peak visitor season (July through September) totaled $427,435. This reflects a 40.1% increase in taxable sales activity from the summer of 2020 and a 19.3% increase from the pre-COVID summer of 2019. Property tax revenues are primarily received during the second half of the fiscal year with the first residual and pass-through property tax remittance received in January 2022 totaling $407,473. Other revenues include the first installment of the State and Local Fiscal Recovery Funds received in July 2021 totaling $440,287, with the second and final installment anticipated to be received during the fourth quarter of the current fiscal year.

General Fund Expenditures
General Fund operating expenditures include salaries, benefits, maintenance and operating Planning, Recreation, Fire, and Public Works. Through December 31st, operating expenditures are up 3.0% compared to the prior fiscal year but are down $970,815 or 22.3% compared to 4 FY20 Actual does not include transient occupancy tax revenues identified as part of audit completed in FY20. 5 FY22 YTD includes TOT revenues through January 14, 2022 3 expenditures through the first half of FY20, which were not impacted by pandemic-related reductions to operating expenditures enacted during the last quarter of that fiscal year. The Fire Department is the largest department in the General Fund based on total operating expenditures and accounts for 26.7% of expenditure activity. Law enforcement, contracted with the County of Los Angeles Sheriff's Department, accounts for an additional 19.3% of the City's General Fund operating expenditures. Below is a breakdown of activity for non-contracted departments:

DEPARTMENT FY21 Budget FY21 YTD % of Budget
Fire $ 2,229,992 $ 1,054,549 47.3%
Salaries and Benefits 2,093, 192 992,372 47.4%
Maintenance and Operations 136,800 62,177 45.5%
Contract Services - N/A
Public Works $ 746,388 $ 358,834 48.1%
Salaries and Benefits 445,638 204,374 45.9%
Maintenance and Operations 275,750 124,288 45.1%
Contract Services 25,000 30,172 120.7%
Recreation $ 690,154 $ 319,369 46.3%
Salaries and Benefits 543,652 262,962 48.4%
Maintenance and Operations 137,502 49,364 33.7%
Contract Services 9,000 7,043 78.3%
Planning $ 1,039,386 $ 274,977 26.5%
Salaries and Benefits 289,744 111,863 38.6%
Maintenance and Operations 47,250 11,825 25.0%
Contract Services 702,392 151,289 21.5%
Public Works contract services were budgeted at $25,000 for contracted tree trimming services.

Expenditures for tree trimming services totaled $30,000 through December 31st. 1. Staff is requesting a budget amendment of $15,000 to 10250-5125. These additional expenditures are eligible for reimbursement with risk-mitigation grant funds available through the City's municipal insurance risk pool and the increased expenditures would be offset by increases to revenue account 10225-9610 for these grant funds.

Harbor Fund Operations
FY22 harbor operating revenues total $3,856,742 as of December 315t (63.7% of budgeted) compared to $3,044,442 (54.0% of actual) and $3,961,016 (76.3% of actual) in FY20. FY22 harbor operating expenditures, excluding internal service allocations, total $2,547,768 (52.6% of budgeted) at mid-year compared to $2,419,710 (53.1% of actual) in FY21 and $2,692,986 (51.2% of actual) in FY20. Revenues dedicated to capital outlays and grant revenues are included in a separate section in this report. See below for a comparison to prior mid-year activity by major revenue source and department.

Harbor Fund FY22 Budget FY22 Mid-Year | FY21 Mid-Year | FY20 Mid-Year Revenue
Wharfage - Cross $2,195,000 $1,342,817 $919,098 $1,295,754 Channel (Fund 103)
Harbor Fund FY22 Budget FY22 Mid-Year FY21 Mid-Year TFY20 Mid-Year Revenue
Wharfage - Cruise 554,144 45,405 - 485,356
Ship
Moorings - Nightly 1,818,000 1,332,257 1,219,791 1,154,395 Tideland Rentals 550,000 324,300 225,585 263,069
Harbor Use Fees and 540,000 352,491 286,547 297,305
Admissions Tax
Other Revenues® 394,000 459,472 393,421 465,138
Subtotal $6,051,144 $3,856,742 $3,044,442 $3,961,017
Operating Expenditures by Function
Administration (451,108) (282,626) (328,892) (347,927)
Operations (2,746,378) (1,397,870) (1,307,354) (1,434,314) Public Works? (1,647,429) (844,638) (783,464) (910,745) Fuel Dock® (22,634)
Subtotal ($4,844,915) ($2,547,768) ($2,419,710) ($2,692,986) Internal Service
Expenditures® (1,205,477) (611,367) (489,370)
Net Operating
Revenue (Loss) $752 $697,607 $135,362
Harbor Fund Revenues
Cross channel wharfage charges are the largest source of operating revenues in the harbor, with $1.87 of the $3.00 charge to fund operating costs, while the remainder is dedicated to funding capital projects in the harbor. Cross channel wharfage fees represent 36.3% of the harbor's budgeted operating revenues. During the prior fiscal year, wharfage revenues were negatively impacted by capacity restrictions on cross channel carriers to facilitate social distancing in response to the pandemic. These restrictions were lifted during the fourth quarter of FY21. FY22 cross channel wharfage revenues are currently on track to exceed pre-COVID FY20 revenues by 3.6% and to exceed budget estimates by $160,317. Both cross channel and cruise ship wharfage revenues, accounting for nearly half of the harbor's budgeted operating revenues, are charged on a per passenger basis and year-over-year increases in the number of visitors are required to grow revenues without increasing rates. FY22 revenues through mid- year are still below mid-year FY20 revenues due to cruise ship operations not resuming until late September 2021.

Harbor Fund Expenditures
6 Other harbor revenues include annual mooring permits and transfer fees 7 Public Works departmental expenditures divided between the General Fund and the Harbor Fund. 8 Fuel dock operations contracted through operating lease during second half of FY21 with FY22 expenditures to be reclassified to Harbor operations.
9 Internal Service charges were not booked at mid-year in the prior two fiscal years and were not recalculated to determine service charges for comparison purposes.
5 Harbor Fund operating expenditures include salaries, benefits, maintenance and operating costs, as well as certain contracted services in the harbor. Harbor operating expenditures have been divided into the following functions to facilitate review and include: Administration, which includes the Harbor Master and office support; Operations, which includes Harbor Patrol and dedicated harbor maintenance; and Public Works, which includes contracted lifeguard services, waterfront trash collection and restroom maintenance. Below is a breakdown of activity by function and expenditure type.

DEPARTMENT FY22 Budget FY22 YTD % of Budget
Administration $451,108 $282,626 62.7%
Salaries and Benefits 341,408 179,332 52.5%
Maintenance and Operations 71,700 76,666 106.9%
Contract Services 38,000 26,628 70.1%
Operations $2,746,378 $1,397,870 50.9%
Salaries and Benefits 1,982,228 986,746 49.8%
Maintenance and Operations 522,500 269,832 51.6%
Contract Services 241,650 139,417 57.7%
Public Works $1,647,429 $844,638 51.3%
Salaries and Benefits 278,879 117,955 42.3%
Maintenance and Operations 21,100 12,005 56.9%
Contract Services 1,347,450 714,677 53.0%
Fuel Dock $- $22,634 61.5%
Salaries and Benefits
Maintenance and Operations 22,634
Contract Services
Maintenance and operating expenditures under Harbor Administration include harbor-specific additional insurance coverage maintained by the City with actual expenditures for this insurance exceeding estimates by approximately $10,000 requiring a budget amendment for this amount to 10370-5501. In addition, while City Attorney fees citywide are considerably below budgeted amounts, fees charged to Harbor Administration - Contract Services exceeded budget estimates by $8,668, primarily due to legal activity related to cruise ship COVID-19 memorandums of understanding, requiring a budget amendment of $15,000 to 10370-5030. The City's contracted shore boat subsidy was renewed during the first half of the fiscal year requiring a budget amendment of $9,850 to 10371-5103 for the increased contract amount scheduled to begin during the fourth quarter of the current fiscal year. In addition, contracted lifeguard services, budgeted under Public Works and totaling $863,000, require a budget amendment of $26,000 to 10350-5060. The final contracted amount for this service was not available until after budget adoption and the contract increased by 3% more than budgeted.

The City contracted the operation of fuel services to a third party during the fourth quarter of the prior fiscal year. The current year budget had all fuel dock related operating expenditures to be assumed by the new operator; however, there are certain operating expenditures that have remained with the City requiring a budget amendment. The City is still responsible for certain permitting for its underground fuel tank requiring a budget amendment of $4,400 to 11470-5513.

During the transition of services, the City was also responsible for rent and maintenance costs 6 associated with the fuel float requiring adjustments of $6,100 and $9,000 to 11470-4635 and 11470-5700, respectively.

Other Enterprise Funds (Sewer, Saltwater, Solid Waste)
Sewer, Saltwater, and Solid Waste Fund revenues are collected through direct assessment fees placed on property tax bills which the County collects on the City's behalf. The City receives its first major remittance of direct assessments in its December payment from the County.

Revenues received are in-line with estimates for Sewer, Saltwater and Solid Waste. Below is a breakdown of operating expenditure activity by fund.

Fund FY21 Budget FY21 YTD % of Budget
Sewer $2,474,969 $1,036,661 41.9%
Salaries and Benefits 281,277 127,877 45.5%
Maintenance and Operations 468,570 231,655 49.4%
Contract Services 1,389,800 498,586 35.9%
Internal Services 335,322 178,543 53.2%
Saltwater $640,877 $260,904 40.7%
Salaries and Benefits 177,787 79,614 44.8%
Maintenance and Operations 5,500 1,981 36.0%
Contract Services 318,560 111,294 34.9%
Internal Services 139,030 68,015 48.9%
Solid Waste $2,343,507 $858,853 36.6%
Salaries and Benefits 56,019 27,778 49.6%
Maintenance and Operations 22,820 5,820 25.5%
Contract Services 2,086,202 718,438 34.4%
Internal Services 178,466 106,817 59.9%
Internal Service Funds
Internal Service expenditures cover the following fund activities: General Administration, which includes the City Manager's office, City Attorney, Finance, General Government, and Elected officials; Insurance, which includes general liability expenses and other litigation-related expenses; and Vehicle Maintenance. These expenditures are allocated to the various funds based on their proportional benefit from fund activities. Allocations are reviewed annually as part of the budget process.

Fund FY22 Budget FY22 YTD % of Budget
General Administration
Salaries and Benefits 1,724,746 701,471 40.7%
Maintenance and Operations 317,800 116,097 36.5%
Contract Services 442,500 211,383 47.8%
Insurance
Salaries and Benefits N/A
Fund FY22 Budget FY22 YTD % of Budget
Maintenance and Operations 543,493 560,581 103.1%
Contract Services 200,000 53,333 26.7%
Vehicle Maintenance
Salaries and Benefits 186,017 90,893 48.9%
Maintenance and Operations 151,000 88,353 58.5%
Contract Services - N/A
To provide greater accessibility and transparency to the community, City Staff is currently looking into making certain upgrades and enhancements to its external website and is requesting a budget amendment of $25,000 to 10135-5005 (Professional Services) to proceed with these enhancements in the current budget year.

The City's general liability insurance paid for the year during the first half of the fiscal year exceeded budget estimates by $17,088 or 3.1%. However, litigation-related expenditures are currently under budget and a budget amendment is not required at this time. Finance will continue to monitor these accounts to determine whether a budget amendment is required at a later date.

The Vehicle Maintenance Fund includes $65,000 budgeted for parts and supplies, with expenditures through December 31st totaling $49,403. The City made significant reductions to these expenditures in the prior year with expenditures totaling $57,249 in FY21 compared to $119,208 in FY20. These savings were the result of deferred maintenance and reductions in usage and operations as a result of the pandemic. Staff is requesting an additional $35,000 to 13825-5610 (Equipment Maintenance and Repair) to cover anticipated maintenance costs during the second half of the year.

Harbor Capital Fund (Fund 104)
Capital outlays in the harbor are funded by a dedicated portion of cross-channel wharfage revenues, as well from grant revenues. Cross channel wharfage in the Harbor Capital Fund totaled $803,138 (62.3% of budgeted) through December 31, 2021. The majority of expenditures in the fund relate to major capital improvement projects, with a portion dedicated to capital maintenance and for the administration of the capital program. Below is a summary of budgeted capital outlays in the Harbor Capital Fund for FY22:

Project Name Account FY22 Budget FY22 YTD % of Budget
Cabrillo Mole Phase I/ 10470-6667 934,991 219,776 23.5% Mole Float Rehabilitation 10470-6504 260,000 0.0%
Pumpout Dock 10470-6648 236,395 716 0.3%
Patrol Boat Engines 10470-6689 200,000 93,149 46.6%
Green Pier Repairs 10470-6547 117,500 15 0.0%
End Float Rehabilitation 10470-6504 95,000 2,901 3.1%
Casino Way Improvements 10470-6679 75,000 0.0%
Other Harbor Projects Various 213,513 19,867 9.3%
Total $2,132,399 $336,444 15.8%
8 The Cabrillo Mole Ferry Terminal Structure Rehabilitation (Mole Phase I), Mole Float Rehabilitation (Floats 2 and 3), and Pumpout Dock projects are primarily funded by various reimbursement grants with a local match. The remaining projects are funded by wharfage revenues dedicated to capital outlays. Capital activity is anticipated to increase during the second half of the fiscal year, including the Mole Float Rehabilitation project which was approved in January 2022.

Other Capital Outlays
In addition to the Harbor Fund, there are significant budgeted capital outlays in the General Fund, as well as smaller outlays budgeted for Sewer, Saltwater, and Solid Waste. Below is a summary of other capital outlays:

Project Name Account FY22 Budget FY22 YTD % of Budget
Fire Vehicle Replacement 10245-6781 $100,000 $- 0.0%
JMF Loan 10265-6060 137,010 137,010 100.0%
Other Park Improvements 10265-6547 20,000 5,811 29.1%
Crescent Ave. Stairs 10550-6547 125,000 6,168 4.9%
5 Corners Ped. Project 10575-6547 260,000 9,925 3.8%
Pebbly Beach Road Repair 10575-6547 823,159 38,425 4.7% Cemetery Improvements 13350-6605 25,000 0.0%
Other CIP Various 47,500 292 0.6%
General Fund CIP $1,537,669 $197,631 12.9%
Other Fund CIP Fund
Housing Authority 154 $302,571 $- 0.0%
Street Administration 115 15,000 0.0%
CDBG 119 138,000 - 0.0%
Sewer 108 497,000 8,060 1.6%
Saltwater 113 125,000 2,808 2.2%
Solid Waste 131 268,519 268,500 100.0%
General Administration 101 47,500 17,966 37.8%
At the November 16, 2021 City Council Meeting, the City Council adopted a resolution approving the City's application for the Per Capital Program Funds grant to be utilized for local park rehabilitation. The proposed projects totaled an estimated $213,542, with $177,952 provided through grant funding and $35,950 from local funds. City Staff had proposed spreading the projects across multiple fiscal years to minimize any additional draws on fund balance in the current year. The City currently plans to begin construction on the Front Street Shade Structure and Lover's Cove Picnic Area projects during the second half of the fiscal year. The cost for these projects are $54,400 and $10,640, respectively, with $16,260 in local match required to be funded from the current budget. However, Staff is requesting a budget amendment of $200,000 to 10265-6547 to be offset by increased grant revenues of $178,000. This would allow Staff the ability to initiate construction on all of the approved projects in the current year and 9 would result in an increased draw on reserves of $22,000 in the current budget year after the reimbursement of grant revenues.

In the Solid Waste Fund, the City contributes annually to a trust account dedicated to funding landfill closure and post-closure costs. As of the fiscal year ended June 30, 2021, the City has recorded a landfill liability of $4.63 million related to these future costs and a trust balance of $2.68 million. The 2020 Annual Monitoring Report estimated a remaining life of approximately 7 years and 3 months. The cost of service study adopted in FY21 included annual contributions required to fund the liability and the required contribution for FY22 of $268,500 was transferred in November 2021.

GOAL ALIGNMENT: Fiscal stability.

FISCAL IMPACTS: The actions recommended to the City Council by Staff as outlined above will have the following fiscal impacts:

A. Amend the budget as outlined in the Exhibit A to this report CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Deferred maintenance and other reductions to planned operations to offset budget overages.

FOLLOW UP ACTION: Implement City Council Direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Exhibit A - Listing of Proposed Budget Amendments; Exhibit B - Listing of Budget Adjustments; Revenue detail through December 31, 2021; Expenditure detail through December 31, 2021
10 Exhibit A
FY2021-22 Proposed Budget Amendments - Midyear Update
No. Account Account Name FY22 FY22 Proposed
Number YTD Budget Amendment
Revised
10250-5125 Tree Trimming $30,000 $25,000 +$15,000 $40,000 10225-9610 Contributions 50,000 +15,000 65,000
10370-5501 Insurance 59,217 50,000 +10,000 60,000
10370-5030 City Attorney 13,668 5,000 +15,000 20,000
10371-5103 Shoreboat Services 139,417 241,650 +9,850 251,500 10350-5060 County Beaches 444,454 863,000 +26,000 889,000 11470-5513 Fuel Dock Permits +4,400
11470-4635 Rent - Casino Tank
11470-5700 Maint. of Premises 8,244 9,000
10135-5005 Professional Services 29,583 63,000 +25,000 88,000 13825-5610 Maint. & Repairs 49,403 65,000 +35,000 100,000 10265-6547 Parks CIP 20,000 +200,000 220,000
10265-8101 Parks Grants 177,952
Exhibit B
FY2021-22 Budget Adjustments - Midyear Update
No. Account Account Name FY22 FY22 Adjustment FY22
Number Thru Budget Budget
Dec 31 Revised
1 10245-3050 Workers Comp. $77,777 $69,195 +$15,000 $84,195 10245-3051 Unemployment Ins. 2,209 27,014 -15,000 12,014 2 10245-3615 Uniforms 6,305 8,000 +2,500 10,500
10245-3051 Unemployment ins. 2,209 12,014 9,514
3 10245-4580 Telephone / Radio 5,325 5,000 5,325
10245-3625 Special Dept. Exp. 13,769 24,000 23,675
4 10245-5505 Membership Dues 2,750 1,500 3,175
10245-3625 Special Dept. Exp. 13,769 23,675 22,000
5 10250-3050 Workers Comp. 15,299 14,710 16,710
10250-3051 Unemployment Ins 448 5,739 3,739
6 10350-3050 Workers Comp 9,800 9,406 10,076
10350-3051 Unemployment Ins. 247 3,670 3,000
7 10350-3575 Trash Bags 5,059 6,000 9,000
10350-5005 Professional Services 10,000 7,000
8 10370-3625 Special Dept Exp. 3,656 3,000 8,000
10371-3625 Special Dept Exp. 55 10,000 5,000
9 10371-3050 Workers Comp 66,801 65,149 67,149
10371-3051 Unemployment Ins 1,917 25,429 23,429
10 10371-5105 Contract Services 1,875 2,000
10350-5005 Professional Services 7,000 5,000
11 10725-5502 Miscellaneous Fees 19,956 15,000 30,250
10750-5502 Miscellaneous Fees 15,250
12 11250-3625 Special Dept. Exp. 800 500 1,000
11250-4010 Communications 366 1,750
13 10255-4005 Office Supplies 1,124 500
10255-5005 Professional Services 5,658 5,000
10255-5129 Building Plan Check 2,221
10255-3625 Special Dept. Exp. 1,648 19,000
14 10265-3625 Special Dept. Exp. 13,518
Office Supplies 1,484 10000
10265-3625
10265-5641 Teen/Senior Program 234 15,000
City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY20 % of FY21 % of FY22
FY20 PER 6 Actual FY21 PER 6 Actual FY22 Budget FY22 PER 6 Budget

GENERAL FUND
10225 GENL FUND ADMINISTRATION
Taxes
10225-7005 PROPERTY TAXES 117,050 48.5% 158,869 207,551 70,416 10225-7006 PASS THRU AND RSDUAL TAX 0.0% 515,000
10225-7010 TRANSFER TAX 12,741 53.0% 9,171 22,000
10225-7020 SALES TAX 414,980 49.5% 363,681 860,000
10225-7025 ADMISSION TAX 344,202 73.8% 256,476 580,000
10225-7030 TRANSIENT TAX 2,456,635 75.3% 2,189,359 3,700,000 10225-7030A TRANSIENT TAX-VAC RENTALS 1,000,986 80.9% 849,904 1,450,000 10225-7505 BUSINESS LICENSES 47,082 48.5% 42,459 85,000 10225-8004 MOTOR VEH LIC FEE SB 1096 0.0% 3,076 413,500 10225-8505 FRANCHISE FEES 14,184 10.8% 10,268 125,000
10225-7022 PSAF SALES TAX 0.0% 75,000
Licenses and Permits
10225-7506 B/L COLLECTION FEE 22,277
10225-7510 BUILDING PERMITS 94,062
10225-7511 PLANNING APPLICATION FEES 40,930
10225-7512 PLANNING FEES - CITY
10225-7513 PLANNING FEES-CONSULTANT :
10225-7514 ENCROACHMENT PERMIT 1,624
31 2,657
15,712
10225-7515A BLDG PLAN CK - CONSULTANT
321
103 39 237
204
13 14
10225-7530 SIGN AND PLANNING FEES
10225-7535 OTHER LICENSES AND PRMITS 2,116
43,152
364
10225-8500 CHARGES FOR SERVICES 1,260 100.0% 98
10225-8508 AMBULANCE FEES 220,185 55.9% 198,944
10225-8575 CEMETERY FEES 10,321 58.4% 15,584

0.0%
1,818 80.8% 942 46.0% 2,000 922 46.1%
10225-9026 ADMIN TAX PENL AND INT 1,335 79.2% 382 41.9% 1,000 2,060 206.0% 10225-9031 TRANST TAX PENL AND INT 2,787 73.0% 89 5.9% 1,000 4,155 415.5% 10225-9040 VEHICLE REGIST PENALTY 351 100.0% 3,736 40.4% 3,000 2,283 76.1% 10225-9045 BUSINESS LICENSE PENALTY 0.0% 0.0% • 0.0%
Intergovernmental
10225-8006 SB 90 REIMBURSEMENT 0.0% 0.0% - 0.0%
10225-8008 SUPP LAW ENF SVCS (COPS) 52,858 66.1% 68.5% 100,000 134,292 134.3% 10225-8042 PLANNING GRANT 0.0% 18.5% 589,545 66,301 11.2% 10225-8098 GEMT SUPPL REIMB PROGRAM 3,692 158.8% - 0.0% - 267 0.0% 10225-8011 CORONAVIRUS RELIEF FUND 0.0% 100.0% 440,000 440,287 100.1% Investment Income
10225-9501 INTEREST INCOME 47,372 145.9% 23,696 83.5% 20,000 15,868 79.3% Other Revenue
10225-9502 RENTAL INCOME 0.0% 0.0% 28 0.0%
10225-9503 CASH OVER/SHORT 446 100.0% 0.0% (1) 0.0%
10225-9550 MARKET ADJUSTMENT 23,035 33.1% (14,250) 35.5% : (19,161) 0.0% 10225-9601 DONATIONS 0.0% 0.0% 0.0%
10225-9605 MISCELLANEOUS 7,596 58.3% 2,328 71.9% 2,000 2,935 146.7% 10225-9610 CONTRIBUTIONS 0.0% 0.0% 50,000 914 1.8%

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY20 % of FY21 % of FY22
FY20 PER 6. Actual FY21 PER 6 Actual FY22 Budget FY2Z PER 6 .. Budget ... 10245 GEN S & S FIRE
Grant Revenue
10245-8043 FIRE GRANT 0.0% 0.0% 0.0%
10260 GENL FUND COMMUNITY SVCS
Charges for Services
10260-9616 SENIOR PROGRAM - 0.0% 0.0% 0.0%
Other Revenue
10260-9606 DONATIONS - SPECIAL EVENT 22,095 100.0% - 0.0% 18,000 0.0% 10265 GENL FUND RECREATION
Taxes
10265-7505 BUSINESS LICENSES 859 77.6% 404 25.8% 1,500 0.0% icenses and Permit:
10265-7535 OTHER LICENSES AND PERMITS 3,152 81.9% 1,051 14.1% 4,000 66.1% Charges for Services
10265-8509 SPORTS FEES - YOUTH 726 -17.5% 8,400 1.1%
10265-8509A SPORTS FEES - ADULT 5,161 0.0% 3,000 17.0%
10265-8510 RECREATION FEES - GENERAL 3,129 75.0% 3,000 126.2% 10265-8512 JMF CONCESSION FEES 0.0% 0.0%
10265-8513 PARK RENTALS 1,573 -2.9% 1,600 144.4%
10265-8513A FACILITY RENTAL-TREMONT 1,928 0.0% 2,800 17.5% 10265-8513C FESTIVAL BOOTHS 2,097 0.0% 3,200 29.3%
10265-8513D FACILITY RENTAL-JMF 543 0.0% 2,400 96.2%
10265-8515 TEEN PROGRAM 129 0.0% 1,000 0.0%
10265-8518 KAYAK AND SUP STORAGE 1,482 57.7% 2,900 78.7% 10265-8522 SUMMER DAY CAMP 13,622 58.2% 14,400 91.8%
10265-8523 TUMBLING AND CHEER 2,678 0.0% 6,000 0.0%
10265-8524 BINGO 3,898 0.0% 2,800 158.2%
10265-8528 SWIM LESSONS AND TEAM 118 100.0% 0.0%
10265-8529 OUTRIGGER PROGRAM 655 10 0.6% 5,800 -4.3%
10265-9619 SENIOR MEALS AND MO 6,660 0.0% 15,000 63.6%
10265-8101 LA COUNTY PARKS GRANTS 74,614 0.0% 0.0%
10265-9503 CASH OVER/SHORT 98 50.1% (1,020) 57.5% 0.0%
10265-9601 DONATIONS - GENERAL 2,000 22.2% 0.0% 5,000 0.0% 10265-9601 DONATIONS - PROGRAMMING 0.0% 43,701 99.8% 0.0% 10265-9605 MISCELLANEOUS 3,286 83.1% 1,673 92.3% 0.0%
10260-9601 DONATIONS - GENERAL 11,381 12.0% 40,249 71.5% 30,000 53.5%

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY2O % of FY21 % of FY22
Actual FY21 PER 6 Actual FY22 Budget FYZ2 PER G Budget
10525 CITY INFRASTRUCTURE ADMIN
Grant Revenue
10525-8010 FEMA/OES REIMBURSEMENT 0.0% 0.0% 750,000 0.0% 10525-80735 CORNERS GRANT 53,836 52.3% 14,101 33.8% 203,216 7,242 3.6% 10525-9605 MISCELLANEOUS 0.0% 0.0% 0.0%
Transfers
10525-9979 TRSFRS IN-GENERAL FUND 0.0% - 0.0% 0.0%
12425 STORM DRAIN REPL ADMIN
Transfers
12425-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% 0.0%
13325 RYDELL CEMETERY ADMIN
Investment Income
13325-9501 INTEREST INCOME - 0.0% 0.0% - 0.0%
Other Revenue
13325-9610 CONTRIBUTIONS 300 100.0% 300 100.0% 1,300 0.0% Service Fees
13325-8575 CEMETERY FEES 1,144 31.6% 2,111 56.0% 3,500 1,554 44.4% 13625 REDEVEL REIMB ADMIN
Taxes
13625-7082 RDA ADMIN COST ALLOWANCE 0.0% 125,000 50.0% 250,000 123950 49.6% 13625-7083 RDA PAE$ 0.0% 0.0% 0.0%
Investment Income
13625-9501 INTEREST INCOME - 0.0% - 0.0% 0.0%
-
Transfers
13625-9910 TRSFRS IN-SUCCESSOR AGNCY 0.0% - 0.0% - 0.0% 14125 AVA MUNI HOSPITAL ADMIN
Taxes
14125-7021 SALES TAX HOSPITAL 263,193 44.7% 228,897 47.3% 430,000 273,239 63.5% Investment Income
14125-9501 INTEREST INCOME - 0.0% 0.0% - 0.0%
10575 CITY INFRASTRUCTURE ADMIN
Transfers
10575-9976 TRANSFERS IN 0.0% 0.0% 0.0%
50,000

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FYZO % of FY21 % of FYZZ
FY20 PER 6 Actual FY21 PER 6 Actual FY22 Budget FY22 PER 6 Budget

HOUSING AUTHORITY
14225 HOUSING TRUST ADMIN
Investment Income
14225-9501 INTEREST INCOME 0.0% 0.0% 0.0%
15325 ADMINISTRATION
Investment Income
15325-9501 INTEREST INCOME 90 60.5% 61 64.1% 29 0.0%
ther Revenur
15325-9605 MISCELLANEOU 228 100.0% 0.0% 50,000 0.0%
Service Fees
15325-9502 RENTAL INCOME 7,500 66.7% 0.0% : 0.0%
15325-9504 LEASE REVENUE 0.0% 300 100.0% 3,684 0.0%
15425 ADMINISTRATION
Investment Income
15425-9501 INTEREST INCOME 28,876 29.7% 10,161 37.8% 25,000 2,930 11.7%

LOCAL TRANSPORTATION
12225 LOCAL TRANSPORT ADMIN
Intergovernmental
12225-8056 MEASURE M 27,748 52.9% 26,760 49.0% 55,942 34,256 61.2% 12225-8060 TDA ARTICLE 8 94,581 57.5% 0.0% 169,483 10,550 6.2% 12225-8061 TDA ARTICLE 3 20,221 89.1% 0.0% 5,000 5,000 100.0% 12225-8062 PROP A DISCR-COMMUTER SUB 0.0% 0.0% 700,000 215,248 30.7% 12225-8062A PROP A DISCR-JITNEY • . 0.0% 0.0% 300,000 114,188

38.1%
12225-8064 PROP C LOCAL RETURN 65,759 52.9% 62,581 97.5% 65,814 80,779 61.4% 12225-8065 PROP A LOCAL RETURN 39,637 52.9% 37,723 48.8% 79,344 48,692 61.4% 12225-8091 MEASURE R LOCAL RETURN 24,642 52.9% 23,539 48.8% 49,360 30,295 61.4% Investment Income
12225-9501 INTEREST INCOME 0.0% 0.0% 0.0%

SPECIAL REVENUE
11525 STREET ADMINISTRATION
Taxes
11525-7032 GAS TAX (2103) 15,732 58.7% 14,885 56.2% 25,327 17,308 68.3% 11525-7033 GAS TAX (2105) 10,523 53.4% 10,164 50.6% 20,451 11,085 54.2% 11525-7035 GAS TAX 2106) 8,298 52.0% 8,092 50.4% 16,183 8,657 53.5% 11525-7040 GAS TAX (2107) 12,859 51.6% 14,037 51.6% 25,935 11,739 45.3% 11525-7041 GAS TAX (2107.5) 800 77.4% 767 76.7% 1,000 767 76.7% 11525-7042 GAS TAX 2032) 30,589 45.5% 29,733 38.0% 67,347 27,144 40.3% 11525-7045 OTHER TAX REVENUE 0.0% 0.0% 0.0%
Investment Income
11525-9501 INTEREST INCOME 0.0% 0.0% 500 0.0%
Other Revenue
11525-9004 TRAFFIC CONGESTION RELIEF 0.0% 0.0% 4,300 0.0% 11625 TRAFFIC ADMINISTRATION
Fines
11625-9002 TRAFFIC SAFETY FINES 49,472 59.1% 32,750 43.0% 70,210 42,580 60.6% Transfers
11625-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% 70,500 0.0% 11925 COMMUNITY DEVLPNT ADMIN
Grant Revenue
11925-8041 CDBG INFRASTRUCTURE GRNT (20) 0.0% 0.0% 138,000 0.0% Other Revenue
11925-9605 MISCELLANEOUS 0.0% 0.0% 0.0%
•
Service Fees :
11925-9520 HOUSING ATHY LOAN PAYOFFS 0.0% 0.0% 0.0%
Transfers
11925-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% 30,000 0.0% 14325 MCLEAN/HALL/PUTNAM ADMIN
Investment Income
14325-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Other Revenue
14325-9610 CONTRIBUTIONS 1,050 91.3% 1,100 91.7% 1,600 0.0%

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY20 % of FY21 % of FY22
FY20 PER 6 Actual FY21 PER 6 Actual FY22 Budget FY22 PER 6 Budget HARBOR
10325 HARBOR FUND ADMINISTRATIO
Taxes
10325-7025 ADMISSION TAX 93,921 86.3% 89,183 46.5% 109,377 70.6% 2,051 155,000
10325-9026 ADMIN TAX PENL AND INT 100.0% 0.0%. 9,215 0.0% Other Revenue
10325-9001 MUNICIPAL CODE FINES 200 100.0% : 0.0% 0.0%
10325-9501 INTEREST INCOME 0.0% 0.0% : 0.0%
10325-9503 CASH OVER/SHORT 96.3% 121 59.6% 73 0.0%
Service Fees
10325-8525 HARBOR USE FEES 203,383 73.1% 50.6% 385,000 63.1% 10325-8530 WHARFAGE FEES-CRS CHANNEL 1,295,754 71.5% 46.7% 2,195,000 On V A 61.2% 10325-8531 WHARFAGE FEES-CRUISE SHIP 485,356 79.4% 0.0% 554,144 8.2% 10325-8535 MOORING PERMITS-ANNUAL 355,228 136.8% 130.9% 280,000 100.0% 10325-8540 HARBOR TRANSFER FEES 100,009 64.3% 10.3% 100,000 168.7% 10325-8545 HARBOR SVC CHGS-GENERAL 1,154,395 77.0% 64.4% 1,818,000 73.3% 10325-8548 MOLE HOIST USAGE FEES 1,080 58.8% 75.0% 1,000 548 54.8% 10325-8550 MOORING WAIT LIST CHGS 55 6.4% 130 12.7% 1,000 35 3.5% 10325-8552 HARBOR TOWS 803 64.7% 81.3% 1,000 164 16.4%
10325-8553 SHOREBOAT SVCS 510 75.0% 30 100.0% 0.0%
10325-8555 PIER AND TIDELAND RENTALS 263,069 58.2% 41.9% 550,000

59.0%
10325-9032 WHARFAGE FEE PENL AND INT 383 100.0% 0.0% - - 0.0% 10325-9034 PIER AND TIDELAND PEN/INT 1,864 95.8% 78 100.0% 1,000 286 28.6% 10325-9050 HBR USE FEE PEN AND INT 2,550 72.6% 39.1% 3,000 475 15.8% 10325-9604 HARBOR APPEAL FEE 0.0% 0.0% - 0.0%
: 7,000 :
10325-9605 MISCELLANEOUS 0.0% 0.0% 0.0%
Transfers
10325-9500 TRANSFERS IN HARBOR CAPITAL 0.0% 0.0% 0.0%
10425 HABOR CAPITAL ADMIN
Grant Revenue
10425-8010 FEMA/OES REIMBURSEMENT 0.0% 21,268 100.0% 0.0% 10425-8072 BOAT AND WATER SAVE GRANT 0.0% 0.0% 0.0%
10425-8100 GRANT - BOATING AND WATER 0.0% 0.0% 186,225 0.0% :
10425-8102 FED TRANSIT ADMIN GRANT 275,236 13.2% 76,910 0.0% 1,122,991 0.0% Other Revenue
10425-9501 INTEREST INCOME 0.0% 0.0% - 0.0%
10425-9605 MISCELLANEOUS 0.0% 7,500 100.0% 0.0%
10470-9601 DONATIONS - GENERAL 0.0% 0.0% 90,000 0.0%
10470-9605 MISCELLANEOUS 0.0% 0.0% 0.0%
Service Fees
10425-8530 WHARFAGE FEES-CRS CHANNEL 773,759 71.3% 539,010 46.2% 1,289,000 803,138 62.3% Transfers
10425-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% 0.0%
10425-9900 TRANSFERS 0.0% 0.0% 0.0%

FUEL DOCK
11425 FUEL DOCK ADMINISTRATION
Other Revenue
11425-9503 CASH OVER/SHORT 69.6% 458 82.2% 0.0%
11425-9605 MISCELLANEOUS 0.0% 0.0% : :

0.0%
Service Fees
11425-8504 FUEL DOCK-LUBES/OIL 2,558 81.3% 1,530 86.9% 0.0% 11425-8506 FUEL DOCK-STORE 97.7% :
10,383 87.7% 11,068 0.0%
11425-8507 FUEL DOCK-FUEL CHARGES 576,653 79.2% 541,840 77.9% 30,000 13,598 45.3% Transfers
11425-9900 TRANSFERS IN 0.0% 0.0% 0.0%
: : 0.0% : :
11425-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0%

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY2O % of FY21 % of FY22
FY20 PER 6 Actual FY21 PER 6 Actual FY22 Budget FY22 PER 6 Budget SEWER
10725 SEWER SERVICE
Fines
10725-9060 CEASE AND DESIST CITATION 0.0% 0.0% - 0.0%
Other Revenue
10725-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
10725-8560 ANNUAL USER CHARGE 685,955 37.2% 715,658 36.3% 2,068,565 769,707 37.2% 10725-8566 SEWER LATTERAL FEE 6,745 56.0% 6,125 69.4% 8,500 9,772 115.0% 10725-8567 ISLAND CO DISCHRG PERMIT 0.0% 0.0% 0.0%
10725-8568 F.O.G. FEES 0.0% 3,887 100.0% : 0.0%
Transfers
10725-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% - 0.0%
10825 SEWER MAINT & DEVELPMENT
Other Revenue
10825-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
10825-8560 ANNUAL USER CHARGE 195,987 38.2% 204,474 37.3% 575,104 219,916 38.2% 11025 WWTP MAINT & DEVELOPMENT
Other Revenue
11025-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
11025-8560 ANNUAL USER CHARGE 97,994 38.2% 102,237 37.3% 287,552 109,958 38.2%

SALTWATER
11225 SALT WATER ADMINISTRATION
Other Revenue
11225-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
11225-8560 ANNUAL USER CHARGE 218,925 35.0% 233,834 34.7% 672,558 240,857 35.8% 11225-9605 MISCELLANEOUS 0.0% 0.0% 18,009 0.0%
Transfers
11225-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% - 0.0%
11325 SALT WATER MAINT & DEV
Other Revenue
11325-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
11325-8560 ANNUAL USER CHARGE 54,731 36.6% 58,458 36.3% 160,630 60,214 37.5%

SOLID WASTE
13125 SOLID WASTE ADMIN
Grant Revenue
13125-8044 OIL RECYCLING GRANT 660 31.7% 9,272 91.7% 5,000 5,000 100.0% Investment income
13125-9501 INTEREST INCOME 0.0% 0.0% 0.0%
Service Fees
13125-8560 ANNUAL USER CHARGE 671,151 40.2% 700,397 38.9% 2,076,919 801,014 38.6% 13125-8564 CONSTRUCTION DEBRIS 27,460 43.7% 25,137 48.5% 70,000 13,684 19.5% 13225 SOLID WASTE INFRASTRUCTUR
Investment income
13225-9501 INTEREST INCOME 0.0% - 0.0% 0.0%
Service Fees
13225-8560 ANNUAL USER CHARGE 49,578 44.1% 52,040 39.6% 151,181 59,583 39.4%

City of Avalon
FY2021-2022 Budget
Midyear Revenue Detail
% of FY20 % of FY21 % of FYZZ
FY20 PER 6 Actual FY21 PER 6 Actual FY22 Budget FY22 PER 6 Budget

AVALON TRANSIT
12325 AVALON TRANSIT
Other Revenue
12325-9503 CASH OVER/SHORT (59) 100.0% 0.0% (10) 0.0%
Service Fees
12325-8590 BUS FARE 48,284 80.6% 16,041 51.5% 68,000 30,222 44.4% 12325-8593 BUS CHARTER 2,375 100.0% 0.0% 2,000 1,425 71.3% 12325-8595 DIAL-A-RIDE FARE 7,906 69.0% 5,528 46.2% 11,500 9,175 79.8% 12325-8597 TAXI VOUCHER FARE 13,560 72.1% 0.0% : 0.0%
12325-9605 MISCELLANEOUS 0.0% 17,400 0.0% : 0.0%
Transfers
12325-9976 TRSFRS IN-TRANSPORTATION : 0.0% 0.0% 235,000 : 0.0% 12325-9979 TRSFRS IN-GENERAL FUND 0.0% 0.0% 0.0%

TERNAL SERVICE
125 GEN ADM ADMINISTRATIO
Internal Services
10125-8537 ADMIN OVERHEAD-CITY 0.0% 923,437 48.2% 2,532,596 - 0.0% 11825 INSURANCE FUND ADMINI
Internal Services
11825-8517 INSURANCE - OVERHEAD CITY 0.0% 475,720 83.5% 743,493 - 0.0% Other Revenue
11825-7555 RETRO PREMIUM ADJU 0.0% 46,911 100.0% 0.0%
11825-9501 INTEREST INCOME 2 0.0% 1 0.0% : 0.0%
11825-9605 MISCELLANEOUS 38,327 100.0% 0.0% 0.0%
13825 VEH MAINT/RPLMNT ADMIN
Internal Services
13825-8585 VEHICLE OVERHEAD ALLOC 0.0% 130,294 48.5% 337,017 - 0.0% Other Revenue
13825-9605 MISCELLANEOUS 0.0% 1,000 100.0% 0.0%
: 6,250
13825-9501 INTEREST INCOME 0.0% 0.0% 0.0%

SUCCESSOR AGENCY
20025 ADMINISTRATION
Taxes
20025-7085 RPTTF LAC DIST-EO/ADMIN 0.0% 0.0% 2,256,320 0.0% 20025-7086 PAE ON ROPS 0.0% 0.0% • : 0.0%
Pare 7 of 1
City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

GENERAL FUND
10225 GEN FUND ADMINISTRATION
2 Maintenance & Operations
10225-3625 SPECIAL DEPT EXPENSE 0.0% 0.0% 0.0%
10225-5031 LEGAL SERVICES - OTHER :

0.0% 0.0% 0.0%
.... ... • . . •
10225-5505 MEMBERSHIP AND DUES 0.0% 0.0% 0.0%
10225-5510 TRAINING AND TR 75 82.2% 0.0% 0.0%
5 internal Services
10225-3046 INSURANCE OVERHEAD ALLOC 0.0% 17,602 83.5% 49,607 60,223 82.4% 60,223 10225-3047 ADMIN OVERHEAD ALLOC 0.0% 41,555 48.2% 48,698 115,000 42.3% 115,000 6 Transfer Out 0.0% 0.0% 335,500 0.0% 335,500
10240 GEN S & S LAW ENFORCEMENT
2 Maintenance & Operations
10240-5510 TRAINING AND TRAVEL 0.0% 0.0% 0.0%
3 Contract Services
10240-5110 SHERIFF'S CONTRACT 575,471 41.6% 491,211 33.3% 489,076 1,485,000 32.9% 1,485,000 10240-5118 SUMMER DEPUTY PRGM (COPS) 15,671 100.0% 0.0% 18,632 100,000 18.6% 100,000 10240-5120 SHERIFF'S SUBSISTENCE 33,996 54.2% 3,085 70.1% 6,160 25,000 24.6% 25,000 5 Internal Services
10240-3046 INSURANCE OVERHEAD ALLOC 0.0% 0.0% 0.0%
10240-3047 ADMIN OVERHEAD ALLOC 0.0% 27,703 48.2% 32,818 78,409 41.9% 78,409 10245 GEN S & S FIRE
1 Salaries & Benefits
10245-3010 SALARIES REGULAR 539,383 506,132 46.8% 492,622 52.2% 944,580 10245-3011 SALARIES FIREFIGHTER I 24,176 48,127 65.1% 17,460 20.1% 86,700 10245-3030 OVERTIME REGULAR 175,451 113,790 52.3% 112,946 35.4% 319,357 10245-3040 FICA RETIREMENT 115,005 126,363 46.4% 103,528 40.1% 258,376 10245-3041 CALPERS UNFUNDED LIAB PMT 136,734 175,134 50.0% 118,658 50.0% 237,316 10245-3045 HEALTH/LIFE INSURANCE 96,829 92,689 56.1% 60,867 42.7% 142,654 10245-3050 WORKERS COMP 81,193 53,096 100.0% 77,777 112.4% 84,195 10245-3051 UNEMPLOYMENT INS 2,401 (6,588) -29.7% 2,209 8.2% 9,514 10245-3615 UNIFORMS 528 1,848 34.2% 6,305 78.8% 10,500
2 Maintenance & Operations
10245-3545 SAFETY SUPPLIES 0.0% 317 17.6% 1,800
10245-3617 PERSONAL PROTECT EQUIP 534 53.7% 1,490 23.3% 6,400 10245-3621 AIR PACK BOTTLES 32 2,320 68.0% 93 2.7% 3,500 10245-3622 FIRE HOSE 1,539 46.2% 713 14.3% 5,000
10245-3625 SPECIAL DEPT EXPENSE 10,022 46.8% 13,769 57.4% 22,000 10245-3626 AMBULANCE SUPPLIES 4,369 48.0% 3,810 44.8% 8,500 10245-4005 OFFICE SUPPLIES 306 25.7% 0.0% 1,000
10245-4010 COMMUNICATIONS 5,857 48.9% 7,430 56.7% 13,100 10245-4580 TELEPHONE AND RADIO COSTS 5,000 100.0% 5,325 106.5% 5,325 10245-5505 MEMBERSHIP AND DUES 1,000 100.0% 2,750 183.3% 3,175 10245-5510 TRAINING AND TRAVEL 1,320 46.6% 3,421 17.1% 20,000 10245-5600 GAS, DIESEL AND OIL 7,201 46.1% 8,733 43.7% 20,000 10245-5611 EQUIPMENT MAINT AND RPR 4,815 100.0% 0.0% 5,000 10245-5700 MAINTENANCE OF PREMISES 17,731 101.0% 65.1% 22,000 1,377
10245-5721 EMERGENCY MAINT-COVID - 547 16.3% 0.0%
4 Capital Outlay
10245-6781 VEHICLE REPLACEM 0.0% 0.0% 100,000
5 Internal Services
10245-3046 INSURANCE OVERHEAD ALLOC 63,747 83.5% 86,965 105,576 82.4% 105,576 10245-3047 ADMIN OVERHEAD ALLOC : 152,367 48.2% 179,970 431,251 41.7% 431,251 10245-5605 VEHICLE OVERHEAD ALLOC 26,059 48.5% 44,811 84,254 53.2% 84,254

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 6 Actual FY22 PER 6 Budget Budget Updates 10250 GEN S & S PUBLIC WORKS
1 Salaries & Benefits
10250-3010 SALARIES REGULAR 201,439 52.7% 160,487 49.2% 10250-3012 SALARIES PART TIME 22,458 70.5% 0.0%
10250-3030 OVERTIME REGULAR 6,696 84.8% 4.9%
10250-3040 FICA RETIREMENT 30,038 49.7% 38.5%
10250-3041 CALPERS UNFUNDED LIAB PMT 20,734 50.0% 50.0% 10250-3045 HEALTH/LIFE INSURANCE 53,984 51.5% 41.2%
10250-3050 WORKERS COMP 28,984 60.2% 104.0%
10250-3051 UNEMPLOYMENT INS 822 99.4% 7.8%
10250-3070 OTHER PERSONNEL SRVCS 0.0% 0.0%
10250-3615 UNIFORMS 18,466 101.4% 194.4%
2 Maintenance & Operations
10250-3545 SAFETY SUPPLIES 6,821 71.2% 69.7%
10250-3560 GARDENING SUPPLIES 0.0% 5.7%
10250-3562 GARDENING SUPP CEMETERY 0.0% 0.0%
10250-3565 CEMETERY SUPPLIES 22.8% 0.0%
10250-3610 HOLIDAY DECORATIONS 100.0% 3.8%
10250-3620 SMALL TOOLS 70.1% 30.0%
10250-3625 SPECIAL DEPT EXPENSE 82.3% 14.8%
10250-4005 OFFICE SUPPLIES 34.8% 0.0%
10250-4010 COMMUNICATIONS 46.9% 42.4%
10250-4505 UTILITIES-GENERAL 45.4% 59.5%
10250-4515 UTILITIES-ELECTRI 43.4% 54.8%
10250-4535 UTILITIES-CEMETERY 62.8% 0.0%
10250-4602 RENT-FIELD OF DREAMS 0.0% 0.0%
10250-5510 TRAINING AND TRAVEL 73.7% 0.0%
10250-5600 GAS, DIESEL AND OIL 59.0% 42.9%
10250-5701 STORM DAMAGE 0.0% 0.0%
10250-5721 EMERGENCY MAINT - COVID 0.0% 0.0%
3 Contract Services
10250-5005 PROFESSIONAL SERV 20200 100.0% 0.0%
10250-5125 TREE TRIMMING SERVICES -3.7% 19,915 30,000 25,000 120.0% 4 Capital Outlay
10250-6547 CAPITAL IMPROVEME 0.0% 0.0% - • 0.0% -
5 Internal Services
10250-3046 INSURANCE OVERHEAD ALLOC 0.0% 29,019 83.5% 39,808 48,586 81.9% 48,586 10250-3047 ADMIN OVERHEAD ALLOC : 0.0% 70,181 48.2% 82,574 196,023 42.1% 196,023 10250-5605 VEHICLE OVERHEAD ALLOC 0.0% 26,059 48.5% 37,642 70,774 53.2% 70,774

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual 1 FY22 PER G Budget Budget Updates 10255 GEN S & S PLANNING
1 Salaries & Benefits
10255-3010 SALARIES REGULAR 136,112 46.2% 44,183 47.6% 81,968 206,492 39.7% 206,492 10255-3012 SALARIES PART TIME 0.0% 0.0% 0.0%
10255-3030 OVERTIME REGULAR 238 43.1% 0.0% 29 500 5.9% 500 17,818 41.4% 6,133 44.2% 9,984 31,508 31.7% 31,508
10255-3041 CALPERS UNFUNDED LIAB PMT 12,094 50.0% 179 50.0% 354 709 50.0% 709 10255-3045 HEALTH/LIFE INSURANCE 27,121 49.0% 13,913 62.2% 8,753 35,790 24.5% 35,790 16,811 111.1% 3,709 100.0% 10,564 10,605 99.6% 10,605
10255-3051 UNEMPLOYMENT INS 99.3% (460) -29.7% 210 4,140 5.1% 4,140 10255-3615 UNIFORMS 100.0% 0.0% 0.0%
2 Maintenance & Operations
10255-3625 SPECIAL DEPT EXPENSE 6,543 55.8% 0.0% 1,648 19,000 8.7% 10255-4005 OFFICE SUPPLIES 435 67.4% 23 27.2% 1,124 500 •• 224.8%
10255-4010 COMMUNICATIONS 766 46.1% 360 49.9% 358 1,750 20.5% 10255-4015 ADVERTISING 1,507 35.9% 1,179 25.7% 449 4,000 11.2% 10255-4610 RENT-COPIER 9,838 52.1% 7,890 50.3% 8,246 15,000 55.0% 10255-5510 TRAINING AND TRAVEL 1,064 80.0% 0.0% 4,000 0.0% 10255-5510A TRAINING AND TRAVEL 0.0% : :

0.0% 3,000 0.0%
3 Contract Services
10255-5005 PROFESSIONAL SERVICES 12,575 41.1% 0.0% 5,658 5,000 113.2% 10255-5030 CITY ATTORNEY RETAINER 48,317 26,030

53.9% 40.7% 21,993 60,000 36.7%
10255-5034 LEGAL AND PROF SVCS REIMB 0.0% 0.0% 5,000 0.0% 10255-5070 PLANNING SERVICES 0.0% : 0.0% : 1,000 0.0%
10255-5128 BLDG INSPECTOR SERVICES 10,590 100.0% 0.0% 0.0% 10255-5129 BUILDING PLAN CHECK 585 41.3% 3,217 43.5% 2,221 0.0% 10255-6685 GEN'L PLAN AND LCP UPDATE 42,059 38.5% 83,716 38.8% 121,417 631,392 19.2% 5 Internal Services
10255-3046 INSURANCE OVERHEAD ALLOC 0.0% 13,796 83.5% 18,985 22,726 83.5% 22,726 10255-3047 ADMIN OVERHEAD ALLOC : 0.0%
32,320 48.2% 38,111 91,477 41.7% 91,477

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FYZZ % of FYZ2 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates 10260 GEN S & S COMMUNITY PROMO
2 Maintenance & Operations
10260-5632 OCTOBERFEST CO 0.0% 0.0% 0.0%
10260-5633 4TH OF JULY PROGRAM 51,764 98.8% 1,350 47.0% 2,721 34,000 8.0% 34,000 10260-5634 SWIM/RUN EVENT 0.0% 0.0% 0.0%
10260-5655 HOMELESS PROGRAM : 0.0% : : 1,000

0.0% 0.0% 1,000
3 Contract Services
10260-5650 CHAMBER MARKETING - TOT 742,625 72.4% 378,530 29.3% 660,919 1,133,000 58.3% 1,133,000 Internal Service
L0260-3046 INSURANCE OVERHEAD ALLO 0.0% 32,349 83.5% 17,760 21,561 82.4% 21,561 10260-3047 ADMIN OVERHEAD ALLOC :

0.0% 18,469 48.2% 22,232 52,273 42.5% 52,273
10265 GEN S & S RECREATION
1 Salaries & Benefits
10265-3010 SALARIES REGULAR
10265-3012 SALARIES PART TIME
10265-3030 OVERTIME REGULAR 447
10265-3040 FICA RETIREMENT
10265-3041 CALPERS UNFUNDED LIAB PMT
10265-3045 HEALTH/LIFE INSURANCE
10265-3050 WORKERS COMP
10265-3051 UNEMPLOYMENT INS 665
10265-3615 UNIFORMS
2 Maintenance & Operations
10265-3620 SMALL TOOLS 11
-
10265-3625 SPECIAL DEPT EXPENSE
10265-4005 OFFICE SUPPLIES 185
10265-4010 COMMUNICATIONS
10265-4015 ADVERTISING 102 68 500
10265-4510 UTILITIES-JOE MACHADO FLD
10265-4603 RENT-WW1 MACHINE GUN PARK 1
10265-4604 RENT-RILEY'S POND 1
10265-4605 RENT-TREMONT HALL
10265-5505 MEMBERSHIP AND DUES 605 14 600
10265-5510 TRAINING AND TRAVEL 195
10265-5520 BANK AND CC FEES 457
10265-5631 SPECIAL EVENTS PROGRAM
10265-5636 REC PRGM SOCCER
10265-5637 YOUTH BASKETBALL 400
10265-5638 DAY CAMP
10265-5639 GYMNASTICS
10265-5640 REC PRGM T-BALL 800
10265-5642 ADULT BASKETBALL 577
10265-5643 ADULT SOCCER
10265-5644 PARK FACILITIES
10265-5646 TREMONT HALL 424
10265-5647 SKATE PARK
10265-5649 REC PRM-FISHING DERBY
10265-5654 REC PRGM-FLAG FOOTBALL
10265-5700 MAINTENANCE OF PREMISES
10265-5721 EMERGENCY MAINT - COVID
10265-5721A EMERGENCY MAINT - COVID AMA
10265-5641 TEEN/SENIOR PROGRAM
3 Contract Services
10265-5105 CONTRACTUAL SERVICES-GEN
4 Capital Outlay
10265-6030 RETIREMENT OF PRINCIPAL
10265-6045 INTEREST EXPENSE 17,176
10265-6544 COMMEMORATIVE BRICKS (170)
10265-6547 CAPITAL IMPROVEMENTS
5 Internal Services
10265-3046 INSURANCE OVERHEAD ALLOC
10265-3047 ADMIN OVERHEAD ALLOC :
10265-5605 VEHICLE OVERHEAD ALLOC

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 6 Actual FY22 PER 6 Budget Budget Updates 10550 CITY INFRASTRUCTURE P/W
4 Capital Outlay
10550-6547 CAPITAL IMPROVEMENTS 18,259 50.4% 51,870######## 6,168 152,500 4.0% 152,500 10550-6687 BUILDING IMPROVEMENTS 0.0% 0.0% 15,000 0.0% 15,000 10575 CITY INFRASTRUCTURE
2 Mainean MANENANCE OF PREMISES
12,623 34.1% 9.7% 11,074 35,000 31.6% 35,000
*COES SO PROFESONAI SERVICES - 0.0% 0.0% 0.0%
10575-6547 CAPITAL IMPROVEMENTS 61,168 54.3% 62.3% 4.5% 1,083,159 10575-6612 CAP IMP-AV ROOM 0.0% 0.0% 0.0%
10575-6697 TEMPORARY DESAL UNIT :

0.0% 0.0% 0.0%
12425 STORM DRAIN REPL ADMIN
2 Maintenance & Operations
12425-5502 MISCELLANEOUS FEES 5,692 100.0% - 0.0%
3 Contract Services
12425-5030 CITY ATTORNEY RETAINER 0.0% - 0.0%
12425-5105 CONTRACTUAL SERVICES-GEN :

70.8% 0.0%
12425-5109 ENVIRON STRATEGY CNSLTNTS 20,250 33.3% 30.4% 12450 STORM DRAIN REPLP/W
4 Capital Outlay
12450-6547 CAPITAL IMPROVEMENTS - 0.0% 0.0% 5,000 0.0% 5,000 13350 CEMETERY TRUST ADMIN
2 Maintenance & Operations
13350-3562 GARDENING SUPP CEMETERY 0.0% 0.0% 0.0%
: 5,000
13350-3565 CEMETERY SUPPLIES 0.0% 4,259 92.3% 4,072 5,000 81.4% 13350-4535 UTILITIES-CEMETERY 0.0% 22,588 75.0% 24,014 40,000 60.0% 40,000 13350-5700 MAINTENANCE OF PREMISES 37.8% 437 50.1% 350 7,000 5.0% 7,000 4 Capital Outlay
13350-6605 CEMETERY IMPROVE 99.0% 2,227 100.0% 25,000 0.0% 25,000 13625 REDEVEL REIMB ADMIN
1 Salaries & Benefits
13625-3010 SALARIES REGULAR 65,882
13625-3030 OVERTIME REGULAR 5
13625-3040 FICA RETIREMENT 9,780
13625-3041 CALPERS UNFUNDED LIAB PMT 10,620
13625-3045 HEALTH/LIFE INSURANCE 8,753
13625-3050 WORKERS COMP 5,369
13625-3051 UNEMPLOYMENT INS (640)
13625-3055 LAUNDRY ALLOWANCE
13625-3070 OTHER PERSONNEL SRVCS
13625-3615 UNIFORMS
2 Maintenance & Operations
13625-3625 SPECIAL DEPT EXPENSE -
13625-4010 COMMUNICATIONS 284 301
13625-5031 LEGAL EXPENSES -
3 Contract Services
13625-5005 PROFESSIONAL SERVICES 12,426
13625-5010 ACCOUNTING AND AUDITING
13625-5030 CITY ATTORNEY RETAINER :
56 14130 HOSPITAL ADMINISTRATION
3 Contract Services
14130-5001 PASS THRU TAX 262,836 45.4% 195,015 42.7% 64,033 430,000 14.9% 430,000 14925 CHILD CARE ADMIN
2 Maintenance & Operations
14925-5502 MISCELLANEOUS EXPENSES 0.0% 0.0% - 0.0% -

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FYZZ Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

HOUSING AUTHORITY
15325 ADMINISTRATION
2 Maintenance & Operations
15325-5700 MAINTENANCE OF PREMISES 0.0% 0.0% - 0.0%
15425 ADMINISTRATION
1 Salaries & Benefits
15425-3010 SALARIES REGULAR 48.6% 19,936 54.1% 19,987 117,026 17.1% 117,026 15425-3040 FICA RETIREMENT 2,688 40.9% 2,784 48.5% 2,883 7,824 36.8% 7,824 15425-3041 CALPERS UNFUNDED LIAB PMT 2,034 50.0% 3,862 50.0% 4,347 8,694 50.0% 8,694 15425-3045 HEALTH/LIFE INSURANCE 2,163 50.9% 1,943 59.3% 1,212 3,835 31.6% 3,835 15425-3050 WORKERS COMP 2,354 111.1% 1,439 100.0% 2,527 2,537 99.6% 2,537 15425-3051 UNEMPLOYMENT INS 50 99.2% (168) -29.7% 64 991 6.4% 991 2 Maintenance & Operations
15425-3625 SPECIAL DEPT EXPENSE 0.0% 0.0% - 0.0%
15425-3626 RENTAL REHAB ASSISTANCE 0.0% : 0.0% : :

0.0%
15425-4010 COMMUNICATIONS 72 46.5% 77 49.9% 77 210 36.6% 210 3 Contract Services
15425-5005 PROFESSIONAL SERVICES 8,287 38.6% 10,088 60.8% 6,751 25,750 26.2% 25,750 15425-5030 CITY ATTORNEY RETAINER 6,622 39.4% 1,863 12.2% 2,688 13,000 20.7% 13,000 4 Capital Outlay
15425-6547 CAPITAL IMPROVEMENTS 2,376 32.0% 0.0% - 302,571 0.0% 302,571

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FYZZ Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

LOCAL TRANSPORTATION
12230 LOCAL TRANSPORTATION ADM
2 Maintenance & Operations
12230-3625 SPECIAL DEPT EXPENSE 0.0% 0.0% 0.0%
12230-5099 TRANSIT AND DAR 0.0% 923 0.1% : 1,151,756 0.0% 1,151,756 12230-5510 TRAINING AND TRAVEL 0.0% 0.0% 0.0%
3 Contract Services
12230-5107 COMMUTER SUBSIDY PROGRAM 288,452 51.0% 173,243 37.0% 240,037 700,000 34.3% 700,000 6 Transfer Out 0.0% 0.0% 0.0%

SPECIAL REVENUE FUNDS
11550 STREET ADMINISTRATION
2 Maintenance & Operations
11550-3550 STREET CLEANING SUPPLIES 15 -2.9% 0.0% - 3,500 0.0% 3,500 3 Contract Services
11550-5005 PROFESSIONAL SERVICES 0.0% 0.0% 1,000 0.0% 1,000 11550-5172 STREET MAINTENANCE 28,463 55.4% : 0.0% 6,355 35,000

18.2% 35,000
11550-5173 STREET SWEEPER CONTR. 25,321 41.7% 22,949 39.1% 27,205 60,000 45.3% 60,000 4 Capital Outlay
11550-6547 CAPITAL IMPROVEMENTS 0.0% 0.0% 10,000 0.0% 10,000 11550-6746 CAP CITY WIDE POTHOLE RPR 2,865 11.0% : 0.0% : 5,000 0.0% 5,000 6 Transfer Out #N/A 0.0% 0.0% 50,000 0.0% 50,000
11645 TRAFFIC SAFETY ADMIN
1 Salaries & Benefits
11645-3010 SALARIES REGULAR 42,055 54.1% 29,398 39.3% 34,131 68,807 49.6% 68,807 11645-3030 OVERTIME REGULAR 2,556 85.2% 99 67.2% 261 2,000 13.0% 2,000 11645-3040 FICA RETIREMENT 5,978 48.6% 4,503 36.2% 5,276 11,736 45.0% 11,736 11645-3041 CALPERS UNFUNDED LIAB PMT 4,102 50.0% 4,192 40.6% 4,174 8,349 50.0% 8,349 11645-3045 HEALTH/LIFE INSURANCE 11,038 52.3% 9,001 41.9% 7,950 16,996 46.8% 16,996 11645-3050 WORKERS COMP 4,980 110.2% 2,430 100.0% 3,614 99.6% 3,628 3,628
11645-3051 UNEMPLOYMENT INS 156 99.4% (302) -29.7% 106 1,416 7.5% 1,416
11645-3615 UNIFORMS 1,222 74.0% 0.0% 155 500 31.0% 500
2 Maintenance & Operations
11645-3545 TRAFFIC SAFETY SUPPLIES 5,292 57.1% 185 -70.8% 1,013 7,000 14.5% 7,000 11645-3625 SPECIAL DEPT EXPENSE 1,373 100.0% 0.0% 1,500 0.0% 1,500 11645-4010 COMMUNICATIONS 43 100.0% 0.0% 500 0.0% 500
11645-5510 TRAINING AND TRAVEL 1,265 100.0% 0.0% : 750

0.0% 750
11645-5660 ANIMAL CONTROL 114 61.9% 0.0% 1,000 0.0% 1,000 11645-5661 HUMANE SOCIETY DONATION 15,000 100.0% 0.0% 10,000 10,000 100.0% 10,000 3 Contract Services
11645-5063 HEARING OFFICER SRVCS 1,871 31.3% 1,048 24.5% 3,332 8,000 41.6% 8,000 11645-5105 CONTRACTUAL SERVICE 0.0% 0.0% 0.0%
11930 COM DEVELOPMENT ADMIN
3 Contract Services
11930-5180 SENIOR MEALS PROGRAM 7,855 30.9% 10,107 33.5% 6,228 29,000 21.5% 29,000 4 Capital Outlay
11930-6547 CAPITAL IMPROVEMENTS 0.0% 0.0% 138,000 0.0% 138,000 11930-6687 BUILDING IMPROVEMENTS 0.0% 0.0% : 0.0%
14325 MCLEAN/HALL/PUTNAM ADMIN
2 Maintenance & Operations
14325-3625 SPECIAL DEPT EXPENSE 0.0% 0.0% 0.0%

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FYZ2 % of FYZ2 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates HARBOR
10325 HARBOR FUND ADMINISTRATIO
6 Transfer Out 0.0% 0.0% 0.0%
10350 HARBOR SUPPORT SERVICES
1 Salaries & Benefits
10350-3010 SALARIES REGULAR 121,533 53.1% 82,838 55.7% 72,838 159,837 45.6% 10350-3012 SALARIES PART TIME 20,349 69.9% 0.0% 17,822 0.0% 10350-3030 OVERTIME REGULAR 1,181 81.0% 278 52.5% 266 5,900 4.5% 10350-3040 FICA RETIREMENT 19,935 51.1% 12,178 52.1% 10,389 27,488 37.8% 10350-3041 CALPERS UNFUNDED LIAB PMT 13,267 50.0% 6,611 50.0% 5,137 10,274 50.0% 10350-3045 HEALTH/LIFE INSURANCE 38,405 50.8% 32,951 66.7% 19,277 43,482 44.3% 10350-3050 WORKERS COMP 18,123 108.8% 6,082 100.0% 9,800 9,406 104.2% 10350-3051 UNEMPLOYMENT INS 531 99.4% (669) -29.7% 247 3,670 6.7% 10350-3070 OTHER PERSONNEL SRVCS 0.0% 0.0% 0.0%
10350-3615 UNIFORMS 3,195 100.7% 0.0% 1,000

0.0%
2 Maintenance & Operations
10350-3545 SAFETY SUPPLIES 0.0% 0.0% 500 0.0%
10350-3575 TRASH BAGS 5,073 43.9% 52.1% S,0SO 6,000 84.3% 10350-3625 SPECIAL DEPT EXPENSE 724 96.5% 570 94.8% 1,000 9.8% 10350-4010 COMMUNICATIONS 772 47.5% 727 50.7% 803 1,500 53.5% 10350-4637 RENT-CASINO DOCK RESTRMS 5,616 48.7% 5,784 49.1% 5,988 11,600 51.6% 10350-5510 TRAINING AND TRA 0.0% 0.0% 59 500 11.7%
:
10350-5721 EMERGENCY MAINT - COVID 0.0% 1,693 100.0% 0.0% 3 Contract Services
10350-5005 PROFESSIONAL SERV 15,540 100.0% 0.0% 10,000 0.0% 5,000 10350-5012 WATERFRONT TRASH CONTRACT 90,189 61.3% 65,396 54.2% 86,688 190,000 45.6% 190,000 10350-5060 COUNTY BEACHES CONTRACT 399,072 50.0% 418,531 50.0% 444,454 863,000 51.5% 889,000 10350-5155 BEACH MAINTENANCE 741 46.1% 1,525 40.6% 159 2,500 6.4% 2,500 10350-5157 PRESSURE WASHING SRVCS 2,200 68.8% 0.0% 0.0% 10350-5160 RESTROOM MAINTENANCE 144,192 62.8% 88,397 54.9% 132,603 224,200 59.1% 224,200 10350-5161 SHOWER FACILITY CONTRACT 53 100.0% 0.0% 0.0% 10350-5502 MISCELLANEOUS EX 750 44.8% 0.0% 125 1,500 8.4% 1,500 10350-6015 STATE DAW LOAN INTEREST 9,352 182.8% 4,750 181.9% 2,418 2,500 96.7% 2,500 10350-6030 RETIREMENT OF PRINCIPAL 0.0% 51,405 0.0% 53,737 53,750 100.0% 53,750 5 Internal Services
10350-3046 INSURANCE OVERHEAD ALLOC : 0.0% 44,718 83.5% 61,243 74,349 82.4% 74,349 10350-3047 ADMIN OVERHEAD ALLOC 0.0% 67,411 48.2% 79,399 190,796 41.6% 190,796

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FYZ2 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates 10370 HARBOR ADM/OPERATIONS
1 Salaries & Benefits
10370-3010 SALARIES REGULAR 155,458 48.8% 63.0% 189,571 10370-3030 OVERTIME REGULAR 2,841 52.6% 78 38.8% 299 2,000 10370-3040 FICA RETIREMENT 29,235 43.4% 57.2% 41,731
10370-3041 CALPERS UNFUNDED LIAB PMT 39,192 50.0% 50.0% 44,866 10370-3045 HEALTH/LIFE INSURANCE 23,019 52.1% 64.6% 30,593 10370-3050 WORKERS COMP 18,680 78.9% 94.0% 9,815
10370-3051 UNEMPLOYMENT INS 594 99.4% -29.7% 3,832
10370-3065 EMPLOYEE BENEFITS 0.0% 0.0%
10370-3066 HEALTH REIMBURSEMENT 7,377 35.3% 100.0% 18,000 10370-3615 UNIFORMS 0.0% 68.1% 1,000
Maintenance & Operatio
370-3625 SPECIAL DEPT EXPEN 665 26.4% 60.9% 3,000
10370-4005 OFFICE SUPPLIES 176 100.0% 23.2% 2,000
10370-4010 COMMUNICATIONS 1,275 44.3% 58.9% 2,200
10370-4015 ADVERTISING 150 100.0% 100.0% 1,000
10370-4600 RENT-GENERAL 9,917 100.0% 97.0% 10,000
10370-4601 RENT-SCI CO. CAR PARKING 787 48.8% 49.2% 2,500 10370-5501 INSURANCE 38,087 100.0% 100.0% 50,000
10370-5505 MEMBERSHIP AND DUES 480 100.0% 0.0% 500
10370-5510 TRAINING AND TRAVEL 608 48.2% 0.0% 500
10370-5721 EMERGENCY MAINT - COVID - 0.0% 96.5% - -
3 Contract Services
10370-5011 MO. MAINT HBR COMPUTER 17,731 60.8% 55.4% 33,000 39.3% 33,000 10370-5030 CITY ATTORNEY RETAINER 1,655 76.6% 123.0% 5,000 273.4% 20,000 5 Internal Services
10370-3046 INSURANCE OVERHEAD ALLOC 0.0% 83.5% 27,427 82.6% 27,427 10370-3047 ADMIN OVERHEAD ALLOC 0.0% 48.2% 112,386 41.4% 112,386

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FYZZ % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6. Budget Budget Updates 10371 HARBOR OPERATIONS
1 Salaries & Benefits
10371-3010 SALARIES REGULAR 545,095 48.7% 507,163 55.1% 455,106 997,087 45.6% 997,087 10371-3012 SALARIES PART TIME 179,633 75.8% 162,782 63.8% 161,265 256,919 62.8% 256,919 10371-3030 OVERTIME REGULAR 22,091 75.3% 6,708 71.3% 12,802 17,500 73.2% 17,500 10371-3040 FICA RETIREMENT 128,037 48.6% 126,904 53.7% 107,864 243,732 44.3% 243,732 10371-3041 CALPERS UNFUNDED LIAB PMT 129,961 50.0% 134,146 50.0% 106,680 213,360 50.0% 213,360 10371-3045 HEALTH/LIFE INSURANCE 68,465 33.5% 90,874 54.7% 74,311 153,552 48.4% 153,552 10371-3050 WORKERS COMP 94,925 96.0% 45,257 100.0% 66,801 65,149 102.5% 67,149 10371-3051 UNEMPLOYMENT INS 2,592 99.4% (5,508) -29.7% 1,917 25,429 7.5% 23,429 10371-3615 UNIFORMS 7,803 89.3% 384 23.2% 9,500 0.0% 9,500 10371-3615A HBR SUNGLASSES/MOU :
715 100.0% 0.0% - 0.0%
2 Maintenance & Operations
10371-3616 FOUL WEATHER GEAR 100.0% 0.0% 0.0% 1,500
10371-3617 PERSONAL PROTECT EQUIP 0.0% : 0.0% 0.0%
10371-3620 SMALL TOOLS 56.7% 221 27.9% 17.5% 2,500
10371-3625 SPECIAL DEPT EXPENSE 62.0% 4,464 75.1% 55 0.5% 5,000 10371-4010 COMIMUNICATIONS 52.2% 3,678 50.3% 29.3% 10,000 10371-4505 UTILITIES-GENERAL 32.6% 4,951 69.1% 55.1% 7,000 10371-4515 UTILITIES-ELECTRICITY 49.1% 16,491 53.1% 55.6% 32,000 10371-4520 UTILITIES-SALT WATER 0.0% 0.0% 50.0% 90,000
10371-4525 UTILITIES-SEWER 0.0% 0.0% 50.0% 200,000
10371-4530 UTILITIES - GAS WTR DUMP 30.0% 37,046 42.5% 55.8% 70,000 10371-4641 RENT - FIBER LINE - IT 45.5% 3,881 50.0% 76.6% 8,500 10371-5510 TRAINING AND TRAVEL 66.5% 0.0% 4.6% 5,000
10371-5520 BANK AND CC FEES 73.5% 24,215 71.7% 98.9% 36,000 10371-5600 GAS, DIESEL AND OIL 62.8% 24,199 57.1% 37.7% 50,000 10371-5700 MAINTENANCE OF PREMISES 100.0% 0.0% - 0.0%
3 Contract Services
10371-5103 SHOREBOAT SERVICES 59.8% 119,500 54.5% 139,417 241,650 57.7% 251,500 10371-5105 CONTRACTUAL SERVICES-G 139.,27 0.0% 0.0% 2,000 1,875 0.0%
5 Internal Services
10371-3046 INSURANCE OVERHEAD ALLOC 0.0% 85,154 83.5% 116,361 141,264 82.4% 141,264 10371-3047 ADMIN OVERHEAD ALLOC 0.0% 203,156 48.2% 240,313 575,001 41.8% 575,001 10371-5605 VEHICLE OVERHEAD ALLOC 0.0% 32,573 48.5% 44,811 84,254 53.2% 84,254

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 ...Actual FY22 PER 6 Budget Budget Updates. 10470 HARBOR SUPPORT SERVICES
1 Salaries & Benefits
10470-3010 SALARIES REGULAR 28,074 39.9% 28,763 100.5% 54,286 14.6% 10470-3030 OVERTIME REGULAR 7,193 0.0% 0.0% 0.0%
10470-3040 FICA RETIREMENT 43.7% 5,967 74.6% 1,847 12,064 15.3% 10470-3041 CALPERS UNFUNDED LIAB PMT 8,858 50.0% 5,473 50.0% 7,904 15,808 50.0% 10470-3045 HEALTH/LIFE INSURANCE 6,513 53.3% 4,688 74.6% 833 5,948 14.0% 10470-3050 WORKERS COMP 4,676 111.1% 1,996 100.0% 2,771 2,782 99.6% 10470-3051 UNEMPLOYMENT INS 71 98.9% (248) -29.7% 85 1,086 7.8% 10470-3615 UNIFORMS 0.0% - 0.0% 0.0%
2 Maintenance & Operations
10470-3010 COMMUNICATIONS 196 46.2% 166 79.8% 36 500 7.2% 10470-5610 VEHICLE/EQUIP MT AND RPR 0.0% 959 88.3% 1,622 20,000 8.1% 10470-5700 MAINTENANCE OF PREMISES 25,119 68.5% 8,445 38.4% 17,332 25,000 69.3% 10470-5701 STORM DAMAGE 13,841 48.9% 0.0% 25,000 0.0%
10470-5702 FLOAT STORAGE 1,914 32.9% 2,000 30.3% - 8,000 0.0% 104705705 MOAT MANTENANGANCE 9,226 40.1% 6,009 57.6% 8,802 30,000 29.3%

0.0% 3,981 25.9% 33,549 10,000 83.9%
3 Contract Services
10470-5121 PESTICIDE SPRAYING-HBR 189 13.5% 337 9.6% 360 4,000 9.0% 10470-5140 PLUMBING AND ELECTRICAL. 2,690 89.8% 990 74.5% 598 6,000 10.0% 10470-5165 SHOWER/RESTROOM MAINT 15 0.3% 176 41.4% 0.0% 4 Capital Outlay
10470-6502 R AND M - MOORINGS 1,803 62.8% 7,462 53.8% 3,571 0.0% 10470-6504 R AND M - FLOATS/WHARFS 27,577 33.6% 9,206 80.9% 2,901 355,000 0.8% 10470-6547 CAPITAL IMPROVEMENTS 8,339 25.8% 558 23.6% 6,957 235,000 3.0% 10470-6585 R AND M FLOAT ANCHOR CHNS 34,244 92.9% 2,917 30.5% 6,183 15,000 41.2% 10470-6589 SECURITY CAMERAS 0.0% 0.0% 7,000 0.0%
..
10470-6647 CAP M&E-PIER HOI 0.0% 0.0% 0.0%
10470-6648 CAP M&E-PUMPOUT 0.0% 10,500 0.0% 716 236,395 0.3% 10470-6666 ENVIRONMENTAL STUDY 0.0% 36,172 0.0% 0.0%
10470-6667 HARBOR MOLE PHASE I! 161,547 100.0% 0.0% 219,776 934,991 23.5% 10470-6671 HARBOR MOLE IMPROVEMENT 1,044,549 31.7% 505,145 ######* 15,000 0.0% 10470-6671A HARBOR MOLE OTHER 14,625 67.5% 4,329 56.7% 25 0.0% 10470-6679 CAP M&E-FD PIER & RESTRM 485 100.0% 0.0% 75,000 0.0% 10470-6689 R&M PATROL BOATS 17,756 26.3% 24,933 59.0% 93,149 230,000 40.5% 5 Internal Services
10470-3047 ADMIN OVERHEAD ALLOC 0.0% 9,234 48.2% 11,645 28,669 40.6% 10470-5605 VEHICLE OVERHEAD ALLOC 0.0% 19,544 48.5% 26,887 50,553 53.2% 10470-3046 INSURANCE OVERHEAD ALLOC #N/A 0.0% 3,806 83.5% 4,899 6,269 78.1%

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 ..Actual FY21 PER G Actual FY22 PER 6 Budget Budget Updates 11470 FUEL DOCK OPERATIONS
1 Salaries & Benefits
11470-3010 SALARIES REGULAR 54.2% 0.0%
11470-3016 SALARIES FUEL DOCK PT 100.0% 0.0%
11470-3030 OVERTIME REGULAR 100.0% 0.0%
11470-3040 FICA RETIREMENT 53.0% 0.0%
11470-3041 CALPERS UNFUNDED LIAB PMT 50.0% 0.0%
11470-3045 HEALTH/LIFE INSURANCE 56.4% 0.0%
11470-3050 WORKERS COMP 100.0% 0.0%
11470-3051 UNEMPLOYMENT INS -29.7% 74 0.0%
11470-3615 UNIFORMS 0.0% 0.0%
2 Maintenance & Operations
11470-3625 SPECIAL DEPT EXPENSE 35.9% 0.0%
11470-3628 MERCHANDISE 84.9% 0.0%
11470-4005 OFFICE SUPPLIES 0.0% - 0.0%
11470-4010 COMMUNICATIONS 73.7% 0.0%
11470-4505 UTILITIES-GENERAL 54.0% 0.0%
11470-4515 UTILITIES-ELECTRICI 72.3% 0.0%
11470-4635 RENT-CASINO FUEL TANKS 49.1% 6,037 0.0% 6,037 11470-4641 RENT - FIBER LINE - IT 50.0% 0.0%
11470-5501 INSURANCE 66.4% : 0.0%
11470-5510 TRAINING AND TRAVEL 0.0% 0.0%
11470-5512 FUEL DOCK TESTING 34.7% 0.0%
11470-5513 FUEL DOCK PERMITS 100.0% 4,364 0.0% 4,400
11470-5520 BANK AND CC FEES 83.4% 0.0%
11470-5600 GAS, DIESEL AND OIL 83.1% 0.0%
11470-5700 MAINTENANCE OF PREMISES 71.2% 8,244 0.0% 9,000 11470-5701 STORM DAMAGE 0.0% 0.0%
3 Contract Services
11470-5005 PROFESSIONAL SERVICES - 0.0% - - 0.0%
4 Capital Outlay
11470-6503 FUEL DOCK PUMP MAINT 736 0.0% 0.0%
11470-6504 R AND M - FLOATS/WHARFS 1,348 0.0% : 0.0%
11470-6509 CAP IMP FUEL DOCK 0.0% 0.0%
11470-6509A FLOAT PURCHASE FUEL DOCK 143,150 0.0% 0.0%
11470-6547 CAPITAL IMPROVEMENTS 16,103 0.0% 3,165 29,013 10.9% 29,013 5 Internal Services
11470-3046 INSURANCE OVERHEAD ALLOC 25,689 83.5% 0.0%
11470-3047 ADMIN OVERHEAD ALLOC : :
29,550 48.2% 0.0%

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates SEWER
10725 SEWER SERVICE
1 Salaries & Benefits
10725-3010 SALARIES REGULAR 27,429 50.8% 31,324 62.8% 18,048 52,363 34.5% 10725-3040 FICA RETIREMENT 3,795 42.2% 3,429 70.7% 1,381 9,421 14.7% 10725-3041 CALPERS UNFUNDED LIAB PMT 4,190 50.0% 2,010 50.0% 5,415 50.0% 10,830
10725-3045 HEALTH/LIFE INSURANCE 3,727 50.6% 2,633 79.1% (115) 5,949 -1.9% 10725-3050 WORKERS COMP 3,211 111.1% 1,048 100.0% 2,673 2,683 99.6% 10725-3051 UNEMPLOYMENT INS 139 99.6% (130) -29.7% 56 1,047 5.4% 10725-3615 UNIFORMS 0.0% 0.0% 0.0%
2 Maintenance & Operations
10725-3625 SPECIAL DEPT EXPENSE 0.0% - 0.0% 589 500 117.7% 500 10725-4010 COMMUNICATIONS 175 46.9% 184 49.9% 183 3,045 6.0% 10725-4505 UTILITIES-GENERAL 968 45.3% 1,095 45.8% 2,759 5,150 53.6% 10725-4515 UTILITIES-ELECTRICITY 76,750 57.6% 125,469 59.2% 69,984 128,750 54.4% 10725-4530 UTILITIES - GAS WTR DUMP 94,237 60.0% 65,280 63.1% 66,979 154,500 43.4% 10725-5502 MISCELLANEOUS FEES 14,420 88.3% 7,867 55.1% 19,956 15,000 133.0% 10725-5701 STORM DAMAGE - 0.0% 0.0% - 10,000 0.0%
10725-5720 EMERGENCY MAINTENANCE 14,722 :

20.6% 0.0% 69,367 100,000 69.4%
3 Contract Services
10725-5005 PROFESSIONAL SERVICES 2,256 6.7% 18,843 48.3% 4,414 46,200 9.6% 10725-5007 PRO SRVCS-C AND D ORDER 7,453 7.5% 3,600 4.2% 63,500 0.0% 10725-5009 PROF SRVCS-H2S CONTROL 22,663 63.6% 40,201 66.8% 52,439 57,750 90.8% 10725-5017 PRO SRVCS-FALCONER 43,368 60.0% 12,000 100.0% 25,025 50,000 50.1% 10725-5030 CITY ATTORNEY RETAINER 8,249 96.8% 932 79.1% - 2,000 0.0% 10725-5109 ENVIRON STRATEGY CNSLTNTS 369,384 37.7% 355,000 33.3% 416,709 1,096,200 38.0% 10725-5124 ENVIRON - MAINTANANCE 5,050 100.0% 409 100.0% - 0.0% 10725-6030 RETIREMENT OF PRINCIPAL #N/A 0.0% 0.0% 48,500 0.0% 5 Internal Services
10725-3046 INSURANCE OVERHEAD ALLOC 0.0% 46,621 83.5% 63,080 76,797 82.1% 76,797 10725-3047 ADMIN OVERHEAD ALLOC 0.0% 63,717 48.2% 76,223 182,955 41.7% 182,955 10750 SEWER SERVICE PUB WORKS
1 Salaries & Benefits
10750-3010 SALARIES REGULAR 72,155 53.1% 57,255 54.8% 61,545 121,851 50.5% 121,851 10750-3030 OVERTIME REGULAR 8,017 84.7% 769 83.7% 276 1,800 15.3% 1,800 10750-3040 FICA RETIREMENT 10,996 49.2% 8,523 46.0% 9,483 20,787 45.6% 20,787 10750-3041 CALPERS UNFUNDED LIAB PMT 5,335 50.0% 7,189 50.0% 7,897 15,794 50.0% 15,794 10750-3045 HEALTH/LIFE INSURANCE 20,523 52.7% 17,247 52.6% 14,355 29,554 48.6% 29,554
10750-3050 WORKERS COMP 8,914 100.9% 5,131 100.0% 6,311 6,336 99.6% 6,336 10750-3051 UNEMPLOYMENT INS 277 99.4% (575) -29.7% 196 2,473 7.9% 2,473 10750-3070 OTHER PERSONNEL SRVCS 0.0% 0.0% - 0.0%
:
10750-3615 UNIFORMS 0.0% 194 100.0% 356 389 91.6% 389
2 Maintenance & Operations
10750-3625 SPECIAL DEPT EXPENSE 690 38.1% 545 55.9% 495 500 98.9% 500 10750-5502 MISCELLANEOUS FEES 14,983 75.2% 13,139 99.1% - 15,250 0.0% - 3 Contract Services
10750-5008 SWRCB-WASTE DISCHARGE FEE 0.0% 0.0% 0.0%
10750-5184 SWRCB-ANNUAL AUDIT SSMP 100.0% 0.0% : 13,500

0.0% 18,500
10725-6045 INTEREST EXPENSE #N/A 0.0% 0.0% 7,150 0.0% 7,150 5 Internal Services
10750-3046 INSURANCE OVERHEAD ALLOC 0.0% 5,709 83.5% 7,962 9,404 84.7% 9,404 10750-3047 ADMIN OVERHEAD ALLOC 0.0% 13,852 48.2% 16,938 39,205 43.2% 39,205 10750-5605 VEHICLE OVERHEAD ALLOC 0.0% 10,424 48.5% 14,340 26,961 53.2% 26,961 10825 SEWER MAINT & DEVELPMENT
4 Capital Outlay
10825-6521 SEWER CAPITAL IMPROVEMENT 57,208 81.0% 13,036 35.5% 7,701 50,000 15.4% 50,000 10825-6552 SALTWATER CAP I 0.0% 0.0% 0.0%
10825-6675 SCADA CAPITAL IMPROVEMENT 0.0% : : : :

0.0% 0.0%
10850 SEWER CAP IMPROV P/W
4 Capital Outlay
10850-6521 SEWER CAPITAL IMPROVEMENT 583,330 83.1% 42,457 0.0% 359 447,000 0.1% 447,000 11025 WWTP MAINT & DEVELOPMENT
2 Maintenance & Operations
11025-5700 MAINTENANCE OF PREMISES 54,228 81.5% 97 1.8% 1,342 35,875 3.7% 35,875

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FYZZ Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

SALTWATER
11225 SALT WATER ADMINISTRATION
1 Salaries & Benefits
11225-3010 SALARIES REGULAR 19,615 62.8% 34.5% 37,402
11225-3040 FICA RETIREMENT 2,711 70.7% 14.7% 6,730
11225-3041 CALPERS UNFUNDED LIAB PMT 2,993 50.0% 50.0% 7,738 11225-3045 HEALTH/LIFE INSURANCE 2,661 78.0% -1.9% 4,249 11225-3050 WORKERS COMP 2,294 100.0% 99.6% 1,916
11225-3051 UNEMPLOYMENT INS 112 -29.7% 5.4% 748
11225-3070 OTHER PERSONNEL SRVCS 0.0% 0.0%
2 Maintenance & Operations
11225-3625 SPECIAL DEPT EXPENSE 0.0% 59 11.7% 500
11225-4010 COMMUNICATIONS 125

49.9% 52.3% 250
11225-5720 EMERGENCY MAINTENANCE #N/A 0.0% 0.0%
3 Contract Services
11225-5005 PROFESSIONAL SERVICES 406 42.5% 80 1.8% 4,500 11225-5030 CITY ATTORNEY RETAINER 0.0% 0.0%
11225-5031 LEGAL EXPENSES 0.0% 0.0%
11225-5109 ENVIRON STRATEGY CNSLTNTS 101,167 33.3% 37.7% 295,000 11225-5123 ENVIRON CONTRACT - OT 0.0% 0.0%
11225-5124 ENVIRON - MAINTANANCE :

18.4% 0.0%
11225-6030 RETIREMENT OF PRINCIPAL #N/A 0.0% 0.0% 15,970 11225-6045 INTEREST EXPENSE #N/A 0.0% 0.0% 3,090
5 Internal Services
11225-3046 INSURANCE OVERHEAD ALLOC 12,844 83.5% 16,536 81.2% 20,375 11225-3047 ADMIN OVERHEAD ALLOC 30,473 48.2% 35,994 41.7% • 86,250 11250 SALT WATER ADMIN P/W
1 Salaries & Benefits
11250-3010 SALARIES REGULAR 54.4% 39,122 58.7% 37,285 73,536 50.7% 73,536 11250-3030 OVERTIME REGULAR 84.4% 559 83.5% 128 1,100 11.6% 1,100
11250-3040 FICA RETIREMENT 50.0% 5,776 48.1% 5,687 12,438 45.7% 12,438 11250-3041 CALPERS UNFUNDED LIAB PMT 50.0% 4,218 50.0% 4,371 8,742 50.0% 8,742 11250-3045 HEALTH/LIFE INSURANCE 52.1% 13,907 62.8% 8,596 17,658 48.7% 17,658 11250-3050 WORKERS COMP 101.3% 3,429 100.0% 3,809 3,824 99.6% 3,824 11250-3051 UNEMPLOYMENT INS 99.4% (377) -29.7% 1,492 8.4% 1,492 125
11250-3615 UNIFORMS 0.0% - 0.0% 213 0.0% 213
2 Maintenance & Operations
11250-3625 SPECIAL DEPT EXPENSE 59 46.4% 0.0% 800 500 160.0% 1,000 11250-4010 COMMUNICATIONS 520 47.4% 469 55.5% 366 1,750 20.9% 1,250 5 Internal Services
11250-3047 ADMIN OVERHEAD ALLOC 0.0% 9,234 48.2% 10,586 26,136 40.5% 26,136 11250-3046 INSURANCE OVERHEAD ALLOC #N/A 0.0% 3,806 83.5% 4,899 6,269 78.1% 6,269 11325 SALT WATER MAINT & DEV
2 Maintenance & Operations
11325-5700 MAINTENANCE OF PREMISES 482 13.4% 482 7.1% 626 2,500 25.0% 2,500 4 Capital Outlay
11325-6552 SALTWATER CAP IMPROVEMENT 15,818 52.4% 6,694 79.9% 2,808 125,000 2.2% 125,000

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

SOLID WASTE
13125 SOLID WASTE ADMIN
1 Salaries & Benefits
13125-3010 SALARIES REGULAR 24,076 50.0% 19,597 100.0% 17,066 34,403 49.6% 34,403 13125-3030 OVERTIME REGULAR 1,223 86.4% 49 100.0% 130 500 26.1% 500 13125-3040 FICA RETIREMENT 3,565 49.2% 2,936 100.0% 2,638 5,830 45.2% 5,830 13125-3041 CALPERS UNFUNDED LIAB PMT 1,465 50.0% 1,953 100.0% 2,087 4,175 50.0% 4,175 13125-3045 HEALTH/LIFE INSURANCE 6,314 53.7% 5,403 95.8% 4,010 8,498 47.2% 8,498 13125-3050 WORKERS COMP 2,849 110.6% 1,622 100.0% 1,782 1,789 99.6% 1,789 13125-3051 UNEMPLOYMENT INS 76 99.3% (201) -29.7% 698 9.2% 698 13125-3615 UNIFORMS 0.0% 0.0% 126 0.0% 126
2 Maintenance & Operations
13125-4010 COMMUNICATIONS 115 51.2% 102 92.9% 520 0.0% 520 13125-4600 RENT-GENERAL 5,460 49.3% 5,622 49.1% 5,820 12,300 47.3% 12,300 3 Contract Services
13125-5005 PROFESSIONAL SERVICES : 0.0% 9.2% 228 109,350 0.2% 109,350 13125-5030 CITY ATTORNEY RETAINER 0.0% 65.0% 6,089 8,000 76.1% 8,000 13125-5045 USED OIL 0.0% 0.0% 0.0%
13125-5046 HOUSEHOLD HAZARDOUS WASTE 37,541 33.4% 50.3% 35,059 123,000 28.5% 123,000 13125-5047 HAZARDOUS WASTE DISPOSAL 0.0% 206 62.2% 0.0% 13125-5064 SANITATION CONTRACT 672,355 41.7% 677,062 41.5% 677,062 1,837,652 36.8% 1,837,652 13125-5185 SWRCB ANNUAL PERMIT 0.0% 0.0% 8,200 0.0% 8,200 4 Capital Outlay
13125-6547 CAPITAL IMPROVEMENTS 6,427 38.4% 3,797 43.4% 270 - 0.0% 5 Internal Services
13125-3046 INSURANCE OVERHEAD ALLOC 0.0% 48,048 83.5% 65,530 79,148 82.8% 79,148 13125-3047 ADMIN OVERHEAD ALLOC 0.0% 35,091 48.2% 41,287 99,318 41.6% 99,318 13225 SOLID WASTE INFRASTRUCTUR
2 Maintenance & Operations
13225-3578 BROWN BAGS 3,627 52.7% 3,252 100.0% 10,000 0.0% 10,000 4 Capital Outlay
13225-6569 LANDFILL CLOSURE FEE - 0.0% 100,000 21.4% 268,500 268,519 100.0% 268,519

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 % of FYZ2 Midyear
FY20 PER 6 Actual FY21 PER 6 FY22 PER G Budget Budget Updates

AVALON TRANSIT
12325 AVALON TRANSIT
1 Salaries & Benefits
12325-3010 SALARIES REGULAR 8,003 52.4% . 5,924 41.1% 8,540 21,138 12325-3040 FICA RETIREMENT 1,290 49.6% 911 35.2% 1,442 3,804 12325-3041 CALPERS UNFUNDED LIAB PMT 1,525 50.0% 1,253 50.0% 2,186 4,373 12325-3045 HEALTH/LIFE INSURANCE 2,082 59.0% 1,099 60.9% 808 3,211 1,171 111.1% 422 100.0% 1,079 1,083
12325-3051 UNEMPLOYMENT INS 36 99.4% (52) -29.7% 23 423 12325-3625 SPECIAL DEPT EXPENSE 0.0% 0.0% 400
301 60.0% 0.0% - 500
12325-4010 COMMUNICATIONS 84 46.5% 90 49.9% 89 200
208 100.0% 0.0% 250
12325-4505 UTILITIES-GENERAL 0.0% 0.0%
12325-4515 UTILITIES-ELECTRICITY : 0.0% 0.0%
12325-5095 CHARTER SVCS 0.0% 0.0% 1,000
12325-5501 INSURANCE 29,779 100.0% 31,807 0.0% 30,518 30,826 12325-5505 MEMBERSHIP AND DUES 0.0% 0.0% - -
12325-5510 TRAINING AND TRAVEL 2,091 98.0% 535 100.0% 510 1,250 12325-5600 GAS, DIESEL AND OIL 0.0% 0.0% -
12325-5610 VEHICLE/EQUIP MT AND RPR 1,152 63.7% 0.0% 77 2,000 3 Contract Services
12325-5105 CONTRACTUAL SERVICES-GEN 381,801 367.0% 322,628 6779.2% 273,254 109,004 5 Internal Services
12325-3046 INSURANCE OVERHEAD ALLOC 0.0% 8,087 83.5% 11,024 13,322 12325-3047 ADMIN OVERHEAD ALLOC : 0.0% 36,014 48.2% 42,346 101,932 12325-5605 VEHICLE OVERHEAD ALLOC 0.0% 13,029 48.5% 8,962 16,851

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FYZZ % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates

INTERNAL SERVICES
10110 GENL ADMIN CITY COUNCIL
1 Salaries & Benefits
10110-3010 SALARIES REGULAR 6,581 42.2% 9,000 49.9% 8,950 18,000 49.7% 18,000 10110-3040 FICA RETIREMENT 503 42.2% 688 49.9% 685 1,375 49.8% 1,375 10110-3045 HEALTH/LIFE INSU 233 50.0% 243 45.5% 254 695 36.5% 695 10110-3050 WORKERS COMP 990 111.1% 636 100.0% 916 920 99.6% 920 2 Maintenance & Operations
10110-5505 MEMBERSHIP AND DUES 0.0% 0.0% 0.0%
10110-5510 TRAINING AND TRAVEL 7,202 63.9% 100.0% 2,721 7,000 38.9% 7,000 10115 GEN ADM CITY TREASURER
1 Salaries & Benefits
10115-3010 SALARIES REGULAR 1,381 73.6% 1,612 49.9% 1,603 3,600 44.5% 3,600 10115-3040 FICA RETIREMENT 106 73.6% 123 49.9% 123 275 44.6% 275 10115-3045 HEALTH/LIFE INSU 0.0% • 0.0% 139 0.0% 139
10115-3050 WORKERS COMP 111.1% 127 100.0% 183 184 99.6% 184 2 Maintenance & Operations
10115-5505 MEMBERSHIP AND DUES 0.0% 0.0% 0.0%
10115-5510 TRAINING AND TRAVEL : 0.0% : : : :

0.0% 0.0%
10120 GEN ADM CITY ATTORNEY
2 Maintenance & Operations
10120-5510 TRAINING AND TRAVEL 144 100.0% - 0.0% 0.0%
3 Contract Services
10120-5030 CITY ATTORNEY RETAINER 87,574 54.5% 42,286 53.0% 37,887 135,000 28.1% 135,000 10125 GEN ADM ADMINISTRATION
1 Salaries & Benefits
10125-3010 SALARIES REGULAR 274,358 52.6% 208,188 51.2% 252,396 688,025 36.7% 688,025 10125-3030 OVERTIME REGULAR 429 69.9% 0.0% 2,000 0.0% 2,000 10125-3040 FICA RETIREMENT 35,049 43.0% 31,523 45.9% 40,293 109,474 36.8% 109,474 10125-3041 CALPERS UNFUNDED LIAB PMT 30,986 50.0% 41,388 50.0% 52,994 105,988

50.0% 105,988
10125-3045 HEALTH/LIFE INSURANCE 39,144 52.6% 27,290 63.7% 19,216 62,771 30.6% 62,771
10125-3050 WORKERS COMP 32,925 111.1% 16,177 72.3% 34,068 34,201 99.6% 34,201
10125-3051 UNEMPLOYMENT INS 901 -370.2% (11,930) 391.1% 13,783 5.9% 13,783 10125-3615 UNIFORMS 0.0% 0.0% 0.0%
2 Maintenance & Operations
10125-3515 ELECTION EXPENSE (3,402) 161.6% 10,988 57.4% 16 25,000 0.1% 25,000 10125-3625 SPECIAL DEPT EXPENSE 10,219 91.5% 7,942 69.8% 2,430 12,000 20.3% 12,000
10125-4005 OFFICE SUPPLIES 26 32.2% 0.0% 0.0%
10125-4010 COMMUNICATIONS 1,350 49.9% 1,388 49.9% 1,378 2,750 50.1% 2,750 10125-5505 MEMBERSHIP AND DUES 21,170 89.0% 17,381 60.4% 16,574 27,000 61.4% 27,000 10125-5510 TRAINING AND TRAVEL 6,340 68.3% 200 61.5% 2,665 5,000 53.3% 5,000
10125-5511 TRAVEL - CITY MANAGER 630 41.5% 0.0% 2,500 0.0% 2,500 10125-5600 GAS, DIESEL AND OIL 2,452 59.0% 1,440 46.1% 1,794 4,000 44.9% 4,000 10125-4610 RENT-COPIER 99 3.7% - 0.0%
- 0.0%
3 Contract Services
10125-5005 PROFESSIONAL SERVICES 0.0% 2,700 91.5% - 3,000 0.0% 3,000

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates 10130 GEN ADM FINANCE
1 Salaries & Benefits
10130-3010 SALARIES REGULAR 129,789 51.5% 108,670 50.9% 132,182 322,514 41.0% 10130-3030 OVERTIME REGULAR 1,783 68.3% 12 100.0% 30 1,400 2.1% 10130-3040 FICA RETIREMENT 18,547 47.1% 13,826 43.8% 17,778 52,662 33.8% 10130-3041 CALPERS UNFUNDED LIAB PMT 8,664 50.0% 12,354 40.1% 13,138 26,277 50.0% 10130-3045 HEALTH/LIFE INSURANCE 31,770 53.9% 24,808 53.4% 21,381 67,389 31.7% 10130-3050 WORKERS COMP 19,037 111.1% 8,535 100.0% 16,531 16,596 99.6% 10130-3051 UNEMPLOYMENT INS 553 0.5% (1,059) -29.7% 6,478 6.3% 10130-3615 UNIFORMS 0.0% 0.0% 0.0%
2 Maintenance & Operations
10130-3625 SPECIAL DEPT EXPENSE 58.1% 27 0.5% 893 3,000 29.8% 10130-4010 COMMUNICATIONS 46.6% 270 49.9% 269 1,200 22.4%

68.1% 22,226 56.4% 20,311 42,500 47.8%
100.0% 0.0% 1,050 0.0%

61.3% 300 87.0% 600 4,000 15.0%
3 Contract Services
10130-5005 PROFESSIONAL SERVICES 30,456 41.5% 39,707 69.8% 17,344 66,000 26.3% 4 Capital Outlay
10130-6611 M AND E COMPUTERS 0.0% 0.0% 0.0%
10135 GEN ADM GEN GOVERNMENT
1 Salaries & Benefits
10135-3055 LAUNDRY ALLOWANCE 0.0% 0.0% 0.0%
10135-3065 EMPLOYEE BENEFITS SPECIAL 92,351 71.3% 71,685 39.6% 87,524 190,000 46.1% 190,000 2 Maintenance & Operations
10135-3520 FREIGHT 0.0% 0.0% 0.0%
10135-3625 SPECIAL DEPT EXPENSE 63.4% 3,440 44.0% 7,512 10,000 75.1% 10,000 10135-4005 OFFICE SUPPLIES 52.5% 3,985 24.4% 5,986 15,000 39.9% 15,000 10135-4010 COMMUNICATIONS 35.6% 15,481 44.1% 12,227 33,000 37.1% 33,000 10135-4011 VIDEOTAPE/TELEVISION 0.0% 0.0% - 0.0%
10135-4015 ADVERTISING 45.9% 2,984 35.0% 6,720 15,000 44.8% 15,000 10135-4505 UTILITIES-GENERAL 35.1% 7,962 46.4% (211) •15,000 -1.4% 15,000 10135-4515 GOVERNMENT UTILITIES-ELECTRI 43.5% 12,726 42.8% 11,118 22,000 50.5% 22,000 10135-4516 UTILITIES - INTERNET 45.5% 5,391 49.8% 5,435 22,800 23.8% 22,800 10135-4610 RENT-COPIER -37.2% 2,602 37.6% 2,161 6,000 36.0% 6,000 10135-4615 RENT-MAIL MACHINE 33.4% 2,405 32.9% 1,609 10,000 16.1% 10,000 10135-5510 TRAINING AND TRAVEL 75 33.6% - 0.0% 0.0%
10135-5520 BANK AND CC FEES 37.4% 9,024 63.6% 4,952 12,000 41.3% 12,000 10135-5700 MAINTENANCE OF PREMISES 36.2% 15,605 75.3% 7,356 20,000 36.8% 20,000 10135-5721 EMERGENCY MAINT - COVID 0.0% 18,372 82.3% 1,581 0.0% 3 Contract Services
10135-3525 YLW JACKET/PEST CTRL 17,400 66.9% 0.0% 0.0%
10135-5005 PROFESSIONAL SERVICES 29,190 48.9% 27,951 48.8% 29,583 63,000 47.0% 88,000 10135-5010 ACCOUNTING AND AUDITING 33,746 45.9% 43,250 79.6% 64,979 70,000 92.8% 70,000 10135-5018 PROF SRVCS-IT 43,850 58.3% 25,076 54.6% 33,069 75,000 44.1% 75,000 10135-5020 OPERATION COSTS-IT 31,354 62.5% 12,744 57.6% 28,522 30,550 93.4% 30,550 4 Capital Outlay
10135-6611 M AND E COMPUTERS 66,909 90.0% 3,586 16.9% 17,966 47,500 37.8% 47,500

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 FY22 % of FY22 Midyear
FY20 PER 6 Actual FY21 PER 6 Actual FY22 PER 6 Budget Budget Updates 11830 INSURANCE ADMINISTRATION
1 Salaries & Benefits
11830-3045 HEALTH/LIFE INSURANCE (1,602) 32.8% (1,264) 29.8% (1,485) 0.0% 2 Maintenance & Operations
11830-5501 INSURANCE 418,865 100.0% 429,285 100.0% 560,581 543,493 103.1% 543,493 11830-5515 RESERVE FOR CLA 0.0% 0.0% 0.0%
11830-5517 CLAIMS PAYABLE 10,398 92.5% : 0.0% : : 0.0% :
3 Contract Services
11830-5030 CITY ATTORNEY RETAINER 18,579 28.4% (19,512) 659.7% 14,226 30,000 47.4% 30,000 11830-5031 LEGAL EXPENSES 59,819 36.2% 60,002 37.8% 34,480 150,000 23.0% 150,000 11830-5186 CA DPT TOX SUB 9,828 44.1% 7,209 58.6% 4,626 20,000 23.1% 20,000 13825 VEH MAINT/RPLOMNT ADMIN
1 Salaries & Benefits
13825-3010 SALARIES REGULAR 57,543 49.5% 51,479 54.0% 60,887 51.7% 117,873 13825-3030 OVERTIME REGULAF 12,105 59.9% 1,266 76.4% 153 2.5% 6,000 13825-3040 FICA RETIREMENT 8,476 48.1% 7,515 52.4% 8,118 44.1% 18,423 13825-3041 CALPERS UNFUNDED LIAB PMT 170 50.0% 194 50.0% 202 50.0% 405 13825-3045 HEALTH/LIFE INSURANCE 14,247 48.1% 16,086 53.2% 13,986 41.1% 33,992 13825-3050 WORKERS COMP 19,131 106.1% 4,070 100.0% 6,322 99.6% 6,347 13825-3051 UNEMPLOYMENT INS 337 99.4% (505) -29.7% 179 7.2% 2,477 13825-3615 UNIFORMS 2,188 81.9% 0.0% 1,045 208.9% 500
2 Maintenance & Operations
13825-3545 SAFETY SUPPLIES 0.0% 0.0% - 0.0%
13825-3620 SMALL TOOLS 7,064 51.4% 0.0% 1,878 37.6% 5,000 13825-3625 SPECIAL DEPT EXPENSE 10,058 63.0% 2,130 32.7% 2,620 29.1% 9,000 13825-4010 COMMUNICATIONS 365 70.9% 0.0% 0.0% 1,000
13825-4620 RENT-GARAGE FACILITY 32,256 49.3% 33,228 49.1% 34,452 49.2% 70,000 825-5510 TRAINING AND TRAV 252 100.0% 0.0% - 0.0% 1,000 825-5610 VEHICLE/EQUIP MT AND F 55,879 46.9% 14,831 25.9% 49,403 76.0% 100,000 13825-6689 R&M PATROL BOATS 0.0% : 0.0% 0.0%
13825-6781 VEHICLE REPLACEMENT 165,459 100.0% 0.0% : : 0.0% :

City of Avalon
FY2021-2022 Budget
Midyear Expenditure Detail
Proposed
% of FY20 % of FY21 Midyear
FY20 PER 6 Actual FY21 PER 6. Actual FY22 PER 6 Budget Budget Updates

SUCCESSOR AGENCY
20025 ADMINISTRATION
2 Maintenance & Operations
20025-5502 MISCELLANEOUS FEES 102.6% 5,500 49.3% 2,750 13,000 21.2% 13,000 20025-6030 RETIREMENT OF PRINCIPAL 0.0% 1,195,000 0.0% 1,195,000 20025-6045 INTEREST EXPENSE 474,313 57.7% 453,638 58.4% 427,088 798,320 53.5% 798,320 3 Contract Services
20025-5010 ACCOUNTING AND AUDITING 0.0% 0.0% 0.0%
20025-5082 RDA ADMIN COST ALLOW : 0.0% 125,000 50.0% 123,950 250,000 49.6% 250,000 20025-5083 RDA PAE REVENUE 0.0% 0.0% 0.0%
4 Capital Outlay
Grand T020025-6547 CAPITAL IMPROVEMENS 0.0% 0.0% 0.0%

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 6
MEETING DATE: February 15, 2022
ORIGINATING DEP: Administration CITY MANAGER DMM
PREPARED BY: Gabrielle Morones, Senior Administrative Assistant and Deputy City Clerk
SUBJECT: City of Avalon General Municipal Election - June 7, 2022 RECOMMENDED ACTIONS):
1) Choose among listed options regarding payment costs. • Printing cost of statement in voter pamphlet. (Usually paid by the candidate) • Translation cost of candidate statement in voter pamphlet. (Usually paid by the candidate)
2) Adopt Election Resolutions:
• Resolution calling the Election
• Resolution requesting the Los Angeles County Board of Supervisors to provide election services.
• Resolution adopting regulations for candidate statement. 3) Direct the City Clerk to publish the Notice of Election.

REPORT SUMMARY: The City of Avalon will hold its regular General Municipal Election on Tuesday, June 7, 2022 to elect a Mayor for the full term of two (2) years, two (2) members of the City Council for the full term of four (4) years, and any measures placed on the ballot.

The City is required to adopt three resolutions, one officially calling for the election on June 7, 2022, one requesting the Los Angeles County Board of Supervisors provide election services, and a resolution setting guidelines for the cost of candidate statements. The City Council must decide whether candidates or the City will pay for the translation and/or printing of the candidate statements as well as determine the maximum length of candidate statements.

City Staff recommend requiring candidates to pay for the translation and printing of the candidate's statements and recommend the statements are limited to 200 words.

FISCAL IMPACTS: The cost of holding an election, based on an estimate acquired from Los Angeles County is $17,000.00 at a minimum not including legal costs associated with development of measures. There is $25,000 for election expenses included in FY 2021-2022 Budget Fund 101-25-3515.

GOAL ALIGNMENT: N/A.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon would be out of compliance with state and local law.

FOLLOW UP ACTION: Send the required resolutions to the Registrar/Recorder/County Clerk and Board of Supervisors requiring services.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
1) Resolution Calling the Election.
2) Resolution requesting Los Angeles County services.
3) Resolution Setting Regulations for Candidates.

RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO GENERAL LAW CITIES
Whereas, under the provisions of the law relating to general law cities in the State of California, a General Municipal Election shall be held on June 7, 2022, for the election of certain Municipal Officers and measures and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DOES DETERMINE, FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. That, pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Avalon, California, on Tuesday, June 7, 2022, a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years, two (2) members of the City Council for the full term of four (4) years, and certain measures pursuant to a separate resolution or resolutions.

Section 2. That the ballots to be used at the election shall be in form and content as required by law.

Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in §14401 of the Elections Code of the State of California.

Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones,
Deputy City Clerk/Sr. Administrative Assistant
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON, CALIFORNIA, REQUESTING

THE BOARD OF SUPERVISORS OF THE COUNTY

OF LOS ANGELES TO RENDER SPECIFIED

SERVICES TO THE CITY RELATING TO THE

CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, JUNE 7, 2022
Whereas, a General Municipal Election is to be held in the City of Avalon, California, on Tuesday, June 7, 2020; and
Whereas, in the course of the conduct of the election it is necessary for the City to request services of the County of Los Angeles; and
Whereas, all necessary expenses in performing these services shall be paid by the City of Avalon;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES DETERMINE, FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. That, pursuant to the provisions of §10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County of Los Angeles to permit the County Elections Department to prepare and furnish to the City for use in conducting the election all required materials for candidates, any measures, voters, and precincts and any additional election equipment and assistance according to State law.

Section 2. That the City reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

Section 3. That the City Clerk is directed to forward without delay to the Board of Supervisors of the County of Los Angeles and to the County Election Department each a certified copy of this resolution.

Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15'h day of February, 2022.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones
Deputy City Clerk/Sr. Administrative Assistant
RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT THE
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022
Whereas, Elections Code §13307 provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DOES DETERMINE, FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. GENERAL PROVISIONS. That, pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Avalon on June 7, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than (200 or 400) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nominations papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers (February 14, 2022 - March 11, 2022) until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to applicable law, the Federal Voting Rights Act, the City is required to translate candidates' statements, if any, into Spanish.

B. A candidate's statement may be translated into another language at the candidate's request.

C. The City Clerk shall accomplish the following:

Translations
a. Have all candidates' statements translated into English and Spanish and any other language requested by a candidate.

Printing
a. The main voter pamphlet will be in English and Spanish.

D. Payment

1. Translations - The candidate (shall) (shall not) be required to pay for the cost ($200) of translating the candidate's statement into Spanish and any requested foreign language

2. Printing - The candidate (shall) (shall not) be required to pay for the cost of printing the candidate's statements in the main voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidates' statements filed pursuant to this section, including the costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rate share as a condition of having his or her statement included in the voter's pamphlet. The estimated payment is just an approximation of the actual cost and varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk shall not be bound by the estimate and may, on a pro rata basis, bill the candidates for additional actual expense or make refund of any excess paid, depending upon the final actual cost. In the event of underpayment, the City Clerk shall require the candidates to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount due within thirty (30) days of the election.

Section 3. ADDITIONAL MATERIALS. No candidate shall be
permitted to include additional materials in the sample ballot package.

Section 4. The City Clerk shall provide each candidate or candidate's representative a copy of this Resolution at the time nominating petitions are issued.

Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15'h day of February, 2022.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones
Deputy City Clerk/Sr. Admin. Assist.

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 7
MEETING DATE: February 15, 2022
ORIGINATING DEP: Administration CITY MANAGER MU
PREPARED BY: Devin Hart, Administrative Analyst and Deputy City Clerk SUBJECT: Consider Adoption of Resolutions Placing a General Tax Measure on the June 7, 2022 General Municipal Election Ballot to Establish a 1/4 Percent General Transactions and Use (Sales) Tax.

RECOMMENDED ACTION(S): Adopt the following resolutions: (1) a resolution calling for the placement of a 1/4 percent general transactions and use (sales) tax measure on the June 7, 2022 General Municipal Election ballot; (2) A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022; and (3) a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure.

Please note that these resolutions must be approved by a two-thirds (2/3) vote of the membership of the City Council.

REPORT SUMMARY: The City of Avalon held a series of Revenue Generating Study Sessions to discuss proposals for COVID relief with the City Council on February 2, 2021. City Staff was directed to prepare a measure for the June 7, 2022 General Municipal Election ballot for Avalon voters to consider a 1/4 percent general transactions and use (sales) tax measure.

If approved by the voters, the City of Avalon sales tax would increase from a total of 10 to

10.25 percent, enacted by City ordinance.

California Elections Code Section 9222 and Revenue and Taxation Code Section 7285.9 authorize the City Council to place a general transactions and use (sales) tax measure on the ballot for consideration by the voters. California Constitution Article XIIIC, Section 2 (Proposition 218) requires that the voters approve such general tax by majority vote.

Attached are the three resolutions which the Council must adopt to place the measure on the ballot:

A resolution calling for the placement of a 1/4 percent general transactions and use (sales) tax measure on the June 7, 2022 General Municipal Election ballot is the principal resolution which calls the election and places the measure on the June 7, 2022 ballot. It contains the language of the proposed sales tax measure (and adopting ordinance) to be submitted to the voters, and directs the City Attorney to prepare an impartial analysis of the measure pursuant to California Elections Code Section 9280. It is noted that because the California Department of Tax and Fee Administration (CDTFA - formerly known as the Board of Equalization) collects and administers local sales taxes, any draft local sales tax measure must be reviewed and approved by CDTFA before placement on the ballot. The CDTFA has reviewed the draft ordinance and provided written approval of the tax measure's language.

A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022 and a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure are largely boilerplate resolutions to help set up the election on the measure. One resolution consolidates the City's sales tax measure with the June Statewide General Election on June 7, 2022, effectively allowing the Los Angeles County Registrar of Voters to conduct the election on the City's behalf. The other resolution sets deadlines and rules for how and when interested persons may submit arguments for or against the proposed City sales tax measure.

Under California Proposition 218, the upcoming June 7, 2022 Municipal General Election is an appropriate date to place a local, general tax measure on the ballot. Pursuant to California Government Code Section 53724(b) (Proposition 62) and Revenue and Taxation Code Section 7285.9, a two-thirds vote of the membership of the City Council is required to adopt these resolutions.

If approved by a majority of the voters, this City sales tax increase is estimated to provide an additional $240,000 annually to the City's General Fund. The sales tax increase will become effective on January 1, 2023.

GOAL ALIGNMENT: Fiscal sustainability.

FISCAL IMPACTS: A voter-approved sales tax measure increase may provide an additional $240,000 annually to the City's General Fund.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: A future sales tax increase will not be allocated to the City and the City will need to continue to develop new ways to generate revenue.

FOLLOW UP ACTION: If it is placed on the ballot, the City Attorney's Office will prepare an Impartial Analysis of the measure and interested persons may submit arguments and rebuttals for and against the measure.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
(1) A resolution calling for the placement of a 1/4 percent general transactions and use (sales) tax measure on the June 7, 2022 General Municipal Election ballot (with tax ordinance/measure attached);
A resolution requesting the County of Los Angeles to consolidate this General Municipal Election with the Statewide Primary Election also to be held on June 7, 2022; and
(3) A resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure.

RESOLUTION NO. —

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX
MEASURE ON THE BALLOT FOR THE JUNE 7, 2022 GENERAL

MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED

VOTERS OF AN ORDINANCE TO ENACT A GENERAL

TRANSACTIONS AND USE TAX AT THE RATE OF ONE-QUARTER
PERCENT (1/4%)
WHEREAS, the City Council of the City of Avalon ("City") is authorized to levy a Transactions and Use Tax ("TUT") for general purposes pursuant to California Revenue anc Taxation Code $7285.9, subject to approval by a majority vote of the electorate pursuant to Articl XIIIC, §2 of the California Constitution (Proposition 218"); and WHEREAS, pursuant to California Elections Code §9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and WHEREAS, the City Council would like to submit to the voters at the June 7, 2022 General Municipal Election a measure enacting a general TUT at a rate of one-quarter percent (1/4%) on the sale and/or use of all tangible personal property sold at retail in the City until it is ended by voters, as more specifically set forth in the attached proposed ordinance adding Article 8 to Chapter 3 of Title 3 of the City's Municipal Code; and WHEREAS, the 1/4% TUT is a general tax, the revenue of which will be placed in the City's general fund and will be used to pay for important general City services; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is June 7, 2022; and
WHEREAS, pursuant to Government Code §53724 ("Proposition 62") and Revenue and Taxation Code §7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the June 7, 2022 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the general TUT are described and provided for in the ordinance/measure attached hereto as Exhibit "A" (the "Measure") and by this reference made an operative part hereof, in accordance with all applicable laws.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVALON:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

SECTION 2. Submission of Ballot Measure. Pursuant to California Elections Code §9222, Government Code §53724, Revenue and Taxation Code §7285.9 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of' the City at the General Municipal Election to be held on Tuesday, June 7, 2022.

SECTION 3. The City Council, pursuant to California Elections Code §9222, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, June 7, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
"Shall a measure be adopted by the City of Avalon enacting a one- YES quarter percent (1/4%) transactions and . use (sales) tax, generating approximately $250,000.00 annually for general City services until ended by voters?"
NO
SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.

In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: "The above statement is an impartial analysis of Ordinance or Measure _ _ If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at insert phone number] and a copy will be mailed at no cost to you."
SECTION 6. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Elections Code §9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, June 7, 2022, file with the Board of Supervisors and the County Clerk - Registrar of Voters of the County of Los Angeles, State of California, a certified copy of this Resolution.

SECTION 9. Public Examination. Pursuant to California Elections Code §9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run.

SECTION 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).

SECTION 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

SECTION 12. This Resolution shall become effective upon its adoption.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Avalon this 15"h day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
Exhibit "A"
Transactions and Use Tax Ordinance
[attached behind this page]
ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF AVALON, CALIFORNIA, ADDING ARTICLE 8 TO CHAPTER 3 OF TITLE 3 OF THE AVALON MUNICIPAL CODE TO ENACT A ONE-QUARTER PERCENT (1/4%) GENERAL TRANSACTIONS

AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF

TAX AND FEE ADMINISTRATION
WHEREAS, pursuant to California Revenue and Taxation Code Section 7285.9 the City of Avalon ("City") is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and
WHEREAS, the People of the City desire to levy a Transactions and Use Tax for general purposes until repealed to fund important general City services, at a rate of one-quarter percent (1/4%); and
WHEREAS, if approved by the City Council and Avalon voters, the Transactions and Use Tax ordinance will be incorporated into Article 8 of Chapter 3 of Title 3 of the Avalon Municipal Code.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF AVALON DO
HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the Avalon Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment "1", attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code Section 53724 and Revenue and Taxation Code Section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on February 15, 2022.

Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Avalon voting at the General Municipal Election of June 7, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. "Operative Date" for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the Avalon Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Avalon on the th day of June, 2022.

CITY OF AVALON
Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
Article 8 - Transactions and Use Tax
Sections:
3-3.801 - Purpose.
3-3.802 - Contract With State.
3-3.803 - Transactions Tax Rate.
3-3.804 - Place of Sale.
3-3.805 - Use Tax Rate.
3-3.806 - Adoption of Provisions of State Law.
3-3.807 - Limitations on Adoption of State Law and Collection of Use Taxes. 3-3.808 - Permit Not Required.
3-3.809 - Exemptions and Exclusions.
3-3.810 - Amendments.
3-3.811 - Enjoining Collection Forbidden.
3-3.812 - Duration of Tax
Sections:
3-3.801 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
3-3.802 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 3-3.803 - Transactions Tax Rate.

In addition to the tax set forth in Article 2 of this Chapter, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-quarter percent (1/4%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
3-3.804 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3-3.805 - Use Tax Rate.

In addition to the tax set forth in Article 2 of this Chapter, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-quarter percent (1/4%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3-3.806 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 3-3.807 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

In Sections 6701, 6702 (except in the last sentence thereot), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3-3.808 - Permit not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 3-3.809 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of- City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out- of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3-3.810 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

The City Council, by majority vote of the full Council, may lower the rate of the retail transactions and use tax adopted by this Chapter to 0%. 3-3.811 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal ox equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 3-3.812 - Duration of Tax.

The tax imposed by this Article shall continue until this ordinance is repealed.

RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022 WITH THE

STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, on February 15, 2022, the City Council of the City of Avalon adopted Resolution No. → calling a General Municipal Election to be held on June 7, 2022; for the purpose of submitting to the voters the question relating to the Transactions and Use Tax; and WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide Election to be held on the same date and that within the City the precincts. polling places and election officers of the two elections be the same, and that the electior department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to the voters the following question relating to the Transactions and Use Tax.

Section 2. Measure Language. A measure is to appear on the ballot as follows:
"Shall a measure be adopted by the City of Avalon enacting a one- quarter percent (1/4%) transactions and use (sales) tax, generating Yes approximately $250,000.00 annually for general City services, until ended by voters?
No
Section 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election.

Section 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

Section 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide Primary Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of Avalon is authorized and directed to pay for the expenses incurred after receiving a statement from the County of Los Angeles.

Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of Los Angeles.

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell
City Attorney
2 I, → City Clerk of the City of Avalon, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the day of _, 2022, by the following vote to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk
3 RESOLUTION NO._

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING

OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE
SUBMITTED AT THE JUNE 7, 2022 GENERAL MUNICIPAL ELECTION WHEREAS, a General Municipal Election is to be held in the City of Avalon, California on June 7, 2022, at which there will be submitted to the voters the following measure:
"Shall a measure be adopted by the City of Avalon enacting a one- quarter percent (1/4%) transactions and use (sales) tax, generating Yes approximately $250,000.00 annually for general City services until ended by voters?
No

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Primary Arguments. That the City Counch authorizes (1) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk.

The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be Friday, March 18, 2022, at 5:00 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Monday, March 28, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut.

Section 3. Prior Resolutions. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed.

Section 4. June 7, 2022 Election. That the provisions of Sections 1 and 2 shall apply only to the election to be held on June 7, 2022, and shall then be repealed.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15" day of February, 2022.

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
2 I, _, City Clerk of the City of Avalon, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the day of , 2022, by the following vote to wit AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration
PREPARED BY: Devin Hart, Administrative Analyst and Deputy City Clerk SUBJECT: Consider Adoption of Resolutions Placing a Transient Occupancy Tax (TOT) Measure on the June 7, 2022 General Municipal Election Ballot Increase TOT by One (1) Percentage Point and Reserving the Increase for the City's General Fund for a Period of 10 Years RECOMMENDED ACTION(S): Adopt the following resolutions: (1) a resolution calling for a measure to appear on the June 7, 2022 General Municipal Election ballot to increase transient occupancy tax (TOT) by one (1) percentage point (13% total) and reserving that percent for the City of Avalon General Fund for a period of 10 years; (2) A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022; and (3) a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed TOT measure.

Please note that these resolutions must be approved by a two-thirds (2/3) vote of the membership of the City Council.

REPORT SUMMARY: The City of Avalon held a Revenue Generating Study Session to discuss proposals for COVID relief with the City Council on February 2, 2021 and March 2, 2021. City Staff was directed to prepare a measure for the June 7, 2022 General Municipal Election ballot for Avalon voters to consider a measure to increase TOT by one (1) percentage point, reserving the percentage increase for the City of Avalon General Fund. This increase would be temporary and sunset after 10 years. If approved by the voters, the City of Avalon TOT would increase from 12 percent to 13 percent, enacted by City ordinance.

California Elections Code Section 9222 and Revenue and Taxation Code Section 7280 authorize the City Council to place an occupancy tax measure on the ballot for consideration by the voters. California Constitution Article XIIIC, Section 2 (Proposition 218) requires that the voters approve such general tax by majority vote.

Attached are the three resolutions which the Council must adopt to place the measure on the ballot:

A resolution calling for the placement of a measure on the June 7, 2022 General Municipal Election ballot that proposes to increase TOT by one (1) percentage point and reserve that increase for the City's General Fund for a period of 10 years. This is the principal resolution which calls the election and places the measure on the June 7, 2022 ballot. It contains the language of the proposed TOT measure (and adopting ordinance) to be submitted to the voters, and directs the City Attorney to prepare an impartial analysis of the measure pursuant to California Elections Code Section 9280. The City of Avalon solely collects and distributes TOT per the terms outlined in the municipal code.

A resolution requesting the County of Los Angeles to consolidate this election with the Statewide Primary Election also to be held on June 7, 2022 and a resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure are largely boilerplate resolutions to help set up the election on the measure. One resolution consolidates the City's sales tax measure with the June Statewide General Election on June 7, 2022, effectively allowing the Los Angeles County Registrar of Voters to conduct the election on the City's behalf. The other resolution sets deadlines and rules for how and when interested persons may submit arguments for or against the proposed City sales tax measure.

Under California Proposition 218, the upcoming June 7, 2022 Municipal General Election is an appropriate date to place a local, general tax measure on the ballot. Pursuant to California Government Code Section 53724(b) (Proposition 62) and Revenue and Taxation Code Section 7285.9, a two-thirds vote of the membership of the City Council is required to adopt these resolutions.

If approved by a majority of the voters, this City TOT increase is estimated to provide an additional $500,000 annually to the City's General Fund.

GOAL ALIGNMENT: Fiscal sustainability.

FISCAL IMPACTS: A voter-approved TOT measure increase may provide an additional $500,000 annually to the City's General Fund.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The TOT will not change and the City will need to continue to develop new ways to generate revenue.

FOLLOW UP ACTION: If it is placed on the ballot, the City Attorney's Office will prepare an Impartial Analysis of the measure and interested persons may submit arguments and rebuttals for and against the measure.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
(1) A resolution calling for the placement of a one (1) percentage point increase to transient occupancy tax (TOT) measure on the June 7, 2022 General Municipal Election ballot (with tax ordinance/measure attached);
-
(2) A resolution requesting the County of Los Angeles to consolidate this General Municipal Election with the Statewide Primary Election also to be held on June 7, 2022; and (3) A resolution setting deadlines and rules for the submission of primary and rebuttal arguments for and against the proposed sales tax measure. (4) February 2, 2021 Staff Report
(5) February 2, 2021 Minutes
(6) March 2, 2021 Staff Report
(7) March 2, 2021 Minutes
RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA CALLING FOR THE PLACEMENT OF A TRANSIENT
OCCUPANCY TAX MEASURE ON THE BALLOT FOR THE JUNE 7,
2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO

THE QUALIFIED VOTERS OF AN ORDINANCE TO ENACT A ONE

PERCENTAGE POINT INCREASE IN OCCUPANCY TAX AND

RESERVING THAT INCREASE FOR THE CITY GENERAL FUND FOR A PERIOD OF 10 YEARS
WHEREAS, the City Council of the City of Avalon ("City") is authorized to levy a Transient Occupancy Tax ("TOT") for general purposes pursuant to California Revenue and Taxation Code §7280, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, §2 of the California Constitution ("Proposition 218"); and WHEREAS, pursuant to California Elections Code §9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and WHEREAS, the City Council would like to submit to the voters at the June 7, 2022 General Municipal Election a measure enacting an increase in TOT at a rate of one percentage (1%) on the occupancy in any hotel for a period of 10 years, as more specifically set forth in the attached proposed ordinance adding Article 4 to Chapter 3 of Title 3 of the City's Municipal Code; and WHEREAS, the increase of TOT by one percentage point (1%) shall not be subject to Article 1, of Title 3, Chapter 3 of the City's Municipal Code - Promotional Funds; and WHEREAS, if approved, TOT will increase from 12 percent to 13 percent; and WHEREAS, TOT is a general tax, the revenue of which will be placed in the City's general fund and will be used to pay for important general City services; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is June 7, 2022; and
WHEREAS, pursuant to Government Code §53724 ("Proposition 62") and Revenue and Taxation Code §7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the June 7, 2022 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of TOT are described and provided for in the ordinance/measure attached hereto as Exhibit "A" (the "Measure") and by this reference made an operative part hereof, in accordance with all applicable laws.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVALON:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

SECTION 2. Submission of Ballot Measure. Pursuant to California Elections Code §9222, Government Code §53724, Revenue and Taxation Code §7280 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, June 7, 2022.

SECTION 3. The City Council, pursuant to California Elections Code §9222, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, June 7, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
"Shall a measure be adopted by the City of Avalon enacting a one YES percentage point (1%) increase to Transient Occupancy Tax (TOT), increasing the total tax from 12 to 13 percent, and reserving the increase percentage for the general fund, generating approximately $500,000.00 annually for general City services for a period of 10 NO years?"
SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.

In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: "The above statement is an impartial analysis of Ordinance or Measure _ • If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at [insert phone number] and a copy will be mailed at no cost to you."
SECTION 6. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Elections Code §9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, June 7, 2022, file with the Board of Supervisors and the County Clerk - Registrar of Voters of the County of Los Angeles, State of California, a certified copy of this Resolution.

SECTION 9. Public Examination. Pursuant to California Elections Code §9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run.

SECTION 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, , section 15378(b)(5).

SECTION 11. Severability. The provisions of this Resolution are severable and if any ano the remainider of this Reshed i shal chat previn in fat angered, am the Besticied. by such invalidity.

SECTION 12. This Resolution shall become effective upon its adoption.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Avalon this 15" day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
Exhibit "A"
Transient Occupancy Tax
[attached behind this page]
ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF AVALON, CALIFORNIA, AMENDING ARTICLE 4 TO CHAPTER 3 OF TITLE 3 OF THE AVALON MUNICIPAL CODE TO ENACT A ONE PERCENTAGE POINT (1%) INCREASE TO

TRANSIENT OCCUPANCY TAX TO BE RESERVED IN ITS ENTIRETY FOR THE CITY GENERAL FUND FOR A PERIOD OF 10 YEARS
WHEREAS, pursuant to California Revenue and Taxation Code Section 7280 the City of Avalon ("City") is authorized to levy a Occupancy Tax for general purposes, subject to majority voter approval; and
WHEREAS, the People of the City desire to levy a Occupancy Tax for general purposes for a period of 10 years to fund important general City services, at a rate of 13 percent (13%); and WHEREAS, if approved by the City Council and Ayalon voters, the Transactions and Use Tax ordinance will be incorporated into Article 8 of Chapter 3 of Title 3 of the Avalon Municipal Code.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF AVALON DO
HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the Transient Occupancy Tax Ordinance, the full text of which is set forth in Attachment "1", attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code Section 53724 and Revenue and Taxation Code Section 7280, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on February 15, 2022.

Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Avalon voting at the General Municipal Election of June 7, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. "Operative Date" for the Transient Occupancy Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the Avalon Transient Occupancy Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Avalon on the 7 day of June, 2022.

CITY OF AVALON
Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
Article 4 - Transient Occupancy Tax
Sections:
§ 3-3.401 Title of Provisions.
§ 3-3.402 Definitions.
§ 3-3.403 Imposition of Tax.
§ 3-3.404 Exemptions from Provisions.
§ 3-3.405 Operator's Duties.
§ 3-3.406 Registration and Permit.
§ 3-3.407 Reporting and Remitting.
§ 3-3.408 Penalties and Interest.
§ 3-3.409 Failure to Collect and Report Tax.
§ 3-3.410 Determinations of Director of Finance: Appeals. § 3-3.411 Records.
§ 3-3.412 Refunds.
§ 3-3.413 Tax a Debt to City: Suits for Recovery.
§ 3-3.414 Violations of Provisions.
§ 3-3.415 Revocation of Permit.
§ 3-3.416 Closure of Hotel Without Permit.
§ 3-3.417 Recording Certificate of Lien.
§ 3-3.418 Priority and Lien of Tax.
§ 3-3.419 Warrant for Collection of Tax.
§ 3-3.420 Seizure and Sale.
§ 3-3.421 Duties on Transfer of Business.
§ 3-3.422 (Reserved)
§ 3-3.423 Withhold Notice.
§ 3-3.424 Stacking Prohibited.
§ 3-3.401 Title of Provisions.

This article shall be known as the Uniform Transient Occupancy Tax Law of the City. § 3-3.402 Definitions.

For the purposes of this article, certain words and phrases used herein are defined as follows:
(a) HOTEL - Shall mean any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure, or portion thereof. (b) OCCUPANCY - Shall mean the use or possession, or the right to the use or possession of any room, or portion thereof, for dwelling, sleeping or lodging purposes. The Director of Finance may from time to time adopt administrative regulations specifying those services, goods, or other benefits related to the use or possession of the room, which are included within the meaning of "occupancy."
(c) OPERATOR - Shall mean the person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity.

Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his principal. Compliance with the provisions of this article by either the principal or the managing agent shall, however, be considered to be compliance by both.
(d) PERSON - Shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee syndicate, or any other group or combination acting as a unit. (e) RENT - Shall mean the consideration charged for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, and services of any kind or nature without deduction therefrom whatsoever. "Rent" includes the consideration charged for occupancy, as defined, regardless of whether named a fee, assessment, service charge, management fee, cleaning fee, or other expense. (f) TAX - Shall mean transient occupancy tax.
(g) TRANSIENT - Shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the provisions of this article may be considered.
§ 3-3.403 Imposition of Tax.

For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of 12% of the rent charged for such occupancy. Such tax shall constitute a debt owed by the transient to the City, which debt shall be extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid; however, where the operator blocks a room or rooms at a discounted or wholesale rate to a third party who collects the rent from the transient, then the third party shall pay to the operator the tax on the actual rent paid by the transient to the third party. The third party shall pay the tax based on the rate which the operator would charge a transient if the operator rented the same room or rooms directly to a transient.

Effective January 1, 2023, Transient Occupancy Tax shall increase by one percentage point (1%), from 12 percent to 13 percent for a period of 10 years. This tax increase shall not be subject to Article 1, Chapter 3-2 of Title 3 - Promotional funds.
§ 3-3.404 Exemptions from Provisions.

No tax shall be imposed upon:
(a) Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax provided for in this article;
(b) Any Federal or State officer or employee when on official business; or (c) Any officer or employee of a foreign government, which officer or employee is exempt by reason of express provisions of Federal laws or international treaties.

No exemption shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the Director of Finance. § 3-3.405 Operator's Duties.

Each operator shall collect the tax imposed by the provisions of this article to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax, or any part thereof, will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this article.
§ 3-3.406 Registration and Permit.

Every person desiring to engage in or conduct business as operator of a hotel renting to transients within the City shall file with the Director of Finance an application for a transient occupancy registration permit. Every application for such permit shall be made upon a form prescribed by the Director of Finance and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business, the name and address of the property owner if the hotel and/or land is subject to a lease, and such other information as the Director of Finance may require. The application shall be signed by a natural person; by a member or partner if an association or partnership; by an executive officer if a corporation, and state the address where notices to such person or entity shall be sent. In addition, any corporation registered under the provisions of this chapter shall provide to the Director of Finance a current certified document each year from the Secretary of State listing the officers and agent for service of process of the corporation. Within 10 days after change of ownership of the business, the new operator shall file said application. The transient occupancy registration permit must be in effect at all times while a business subject to the chapter is in operation, and shall be at all times posted in a conspicuous place on the premises. The permit shall state the following:
(a) Name and address of the hotel;
(b) Name of the operator;
(c) Date on which the permit was issued;
(d) A statement as follows: "This Transient Occupancy Registration Permit signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Chapter by registering with the Director of Finance for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Director of Finance. The permit does not authorize any person to conduct any unlawful business or in an unlawful manner, nor operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of the City or any other agency."
§ 3-3.407 Reporting and Remitting.

The operator collecting the transient occupancy tax shall make a report upon such forms and setting forth such information as the Finance Director may prescribe and require, including, but not limited to, the total amount of rents charged and collected, the amount of transient occupancy tax collected for the prior month and occupancy data. He shall sign the report under penalty of perjury and deliver the report and tax remittance monthly to the Finance Director on or before the last business day of the month following the reported month. Remittance by check or money order shall be made payable to the City. The Director of Finance may establish shorter reporting periods for any permit holder if he deems it necessary in order to assure collection and remittance of the tax. Reports and remittances shall be due immediately upon cessation of business for any reason. Remittance by check or money order shall be made payable to the City. All taxes collected by operators pursuant to this article shall be held in trust for the account of the City until payment thereof is made.
§ 3-3.408 Penalties and Interest.
(a) Original Delinquency. Any operator who shall fail to remit any tax imposed by the provisions of this article within the time required shall pay a penalty in the amount of 10% of the tax in addition to the amount of the tax. No penalty shall accrue where the regulations in effect at the time the transient's payment was received by the operator did not provide for the application of the tax to such payment or where the operator has obtained a written ruling from the Director of Finance regarding the application of the tax to a particular charge. The Director of Finance shall provide a written ruling within five days of his receipt of a written request for a ruling. The Director of Finance's rulings shall be kept on file by the City's Finance Department in a separate book and shall be made available upon request. The Director of Finance may waive any or all of a penalty imposed where, in his sole discretion, he deems it to be appropriate. (b) Continued Delinquency. Any operator who shall fail to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty in the amount of 10% of the tax in addition to the amount of the tax and the 10% penalty first imposed
(c) Fraud. If the Director of Finance shall determine that the nonpayment of any remittance due pursuant to the provisions of this article is due to fraud, a penalty in the amount of 25% of the amount of the tax shall be added thereto in addition to the penalties set forth in subsections (a) and (b) of this section.
(d) Interest. In addition to the penalties imposed, any operator who shall fail to remit any tax imposed by the provisions of this article shall pay interest at the rate of 1/2 of 1% per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
(e) Penalties for Failure to Timely File Complete Report. If any person shall fail or refuse to timely file a complete monthly report as required by § 3-3.407, there shall be a penalty assessed until a complete report is filed, in the amount of $30 per month or a prorated portion of the month, in addition to other penalties.
(f) Penalties Merged with Tax. Every penalty imposed, and such interest as accrues, pursuant to the provisions of this section shall become a part of the tax required to be paid by the provisions of this article.
§ 3-3.409 Failure to Collect and Report Tax.

If any operator shall fail or refuse to collect such tax and to make, within the time provided in this article, any report and remittance of such tax, or any portion thereof, required by the provisions of this article, the Director of Finance shall proceed in such manner as he may deem best to obtain the facts and information on which to base his estimate of the tax due. As soon as the Director of Finance shall procure such facts and information as he is able to obtain upon which to base the assessment of any such tax imposed and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the Director of Finance shall proceed to determine and assess against such operator the tax, interest, and penalties provided for by the provisions of this article. In the event such determination is made, the Director of Finance shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may, within 10 days after the service or mailing of such notice, make an application in writing to the Director of Finance for a hearing on the amount assessed. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the Director of Finance shall become final and conclusive and immediately due and payable. If such an application is made, the Director of Finance shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in such notice why the amount specified therein should not be fixed for such tax, interest, and penalties. At such hearing the operator may appear and offer evidence why such specified tax, interest, and penalties shall not be so fixed. After such hearing the Director of Finance shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest, and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is filed as provided in § 3-

3.410 of this article.
§ 3-3.410 Determinations of Director of Finance: Appeals.

Any operator aggrieved by any decision of the Director of Finance with respect to the amount of such tax, interest, and penalties, if any, may appeal to the Council by filing a notice of appeal with the City Clerk within 15 days after the service or mailing of the determination of the tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this article for the service of a notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. § 3-3.411 Records.

It shall be the duty of every operator liable for the collection and payment to the City of any tax mposed by the provisions of this article to keep and preserve, for a period of three years, all ecords as may be necessary to determine the amount of such tax as he may have been liable fo the collection of any payment to the City, which records the Director of Finance shall have the right to inspect at all reasonable times.
§ 3-3.412 Refunds.
(a) Whenever the amount of any tax, interest, or penalty has been overpaid, or paid more than once, or erroneously or illegally collected or received by the City, such amount may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Director of Finance within three years after the date of payment. The claim shall be on forms furnished by the Director of Finance.
(b) Any operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Director of Finance that the person from whom the tax has been collected was not a transient; provided, however, neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by filing a claim in the manner provided in subsection (a) of this section but only when the tax was paid by the transient directly to the Director of Finance, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Director of Finance that the transient has been unable to obtain a refund from the operator who collected the tax.
(d) No refund shall be paid pursuant to the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. § 3-3.413 Tax a Debt to City: Suits for Recovery.

Any tax required to be paid by any transient pursuant to the provisions of this article shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City pursuant to the provisions of this article shall be liable to an action brought in the name of the City for the recovery of such amount. § 3-3.414 Violations of Provisions.

Any operator or other person who fails or refuses to register as required, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Director of Finance, or who renders a false or fraudulent return or claim shall be guilty of a misdemeanor. Any person required to make, render, sign, or verify any report or claim and who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by the provisions of this article to be made shall be guilty of a misdemeanor.
§ 3-3.415 Revocation of Permit. [1]
Whenever an operator fails to comply with any provision of this article relating to transient occupancy taxes or any rule or regulation prescribed by the Director of Finance relating to such tax or registration permit, the Director of Finance shall hold a hearing, after giving the lessor, if applicable and the operator 10 days' written notice sent by certified mail specifying the time and place of hearing and requiring the operator to show cause why his permit or permits should not be revoked. After such hearing, the Director of Finance may suspend or revoke any one or more of the permits held by the operator. Within five days after the hearing, the Director of Finance shall give the operator written notice by certified mail of the suspension or revocation of the permit or permits.

The aggrieved operator may appeal the suspension or revocation of the permit or permits to the City Council by filing a notice of appeal in writing with the City Clerk within 15 days after the service or mailing of the notice of suspension or revocation. The findings of the Council shall be final and conclusive.

The Director of Finance shall not issue a new permit after revocation or lift a suspension of a permit until the operator has satisfied any outstanding debt to the City under this article, including penalties and interest. Where an operator has failed to timely remit the return or taxes more than two times in any calendar year, whether or not such failure has resulted in a suspended or revoked permit, the Director of Finance may send written notice to the operator requiring that such operator post a bond within 15 days of such notice, in a form approved by the City Attorney and in an amount equal to the preceding six months taxes collected. The bond shall remain in force until the operator has timely remitted returns and taxes for a continuous period of six months. Thereafter, the bond shall be released. The failure to post the bond within 15 days after such notice shall constitute a violation of this article. [1] Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 474. § 3-3.416 Closure of Hotel Without Permit. [1]
During any period of time during which a permit has not been issued or is suspended, revoked or otherwise not valid, the Director of Finance may require that the hotel be closed. Notice of the closure shall be sent to the lessor, if applicable, and the operator by certified mail and shall be posted at the hotel. Any person who operates a hotel in violation of a notice of closure shall be guilty of a misdemeanor.
[1] Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 508 and 666.
§ 3-3.417 Recording Certificate of Lien.

If any amount required to be remitted or paid to the City under this article is not remitted or paid when due, the Director of Finance may, within three years after the amount is due file for recording with the Los Angeles County Recorder's Office a certificate specifying the amount of the tax, penalties and interest due, the name and address as it appears on the registration permit of the operator liable for the amount and the fact that the Director of Finance has complied with all provisions of this article in determining such amount. From the time of the filing for recording the amount shall constitute a lien upon all real property in the County, except a proprietary lease, owned by the operator. The lien shall have the force, effect and priority of a judgment lien and shall continue for 10 years from the time of filing of the certificate unless sooner released or discharged.
§ 3-3.418 Priority and Lien of Tax.
(a) The amounts required to be remitted and/or paid by any operator under this article with penalties and interest shall be satisfied first in any of the following cases:
(1) Whenever the person is insolvent;
(2) Whenever the person makes a voluntary assignment of his assets; (3) Whenever the estate of the person in the hands of executors, administrators, or heirs is insufficient to pay all the debts due from the deceased; (4) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this article are levied upon by process law. This article does not give the City a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien.
(b) The preference given to the City by this section shall be subordinate to the preferences given to claims for personal services by §§ 1204 and 1206 of the Code of Civil Procedure. § 3-3.419
Warrant for Collection of Tax.

At any time within three years after any operator is delinquent in the remittance or payment of any amount herein required to be remitted or paid or within three years after the last recording of a certificate under § 3-3.417, the Director of Finance may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the City under this article.

The warrant shall be directed to any sheriff, marshal, or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a levy of and a sale pursuant to a writ of execution. The Director of Finance may pay or advance to the sheriff, marshal, or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The Director of Finance, and not the court, shall approve the fees for publication in a newspaper.
§ 3-3.420 Seizure and Sale.

At any time within three years after any operator is delinquent in the remittance or payment of any amount, the Director of Finance may forthwith collect the amount in the following manner.

The Director of Finance shall seize any property, real or personal, of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizures made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure. § 3-3.421 Duties on Transfer of Business.
(a) Registration. Within 10 days after change of ownership of the business, the new operator shall file said application.
(b) Successor's Liability — Withholding by Purchaser. If any operator liable for any amount under this article sells out his business, his successor or assigns shall withhold sufficient monies from the purchase price to cover such amount until the former operator produces a receipt from the Director of Finance showing that it has been paid or a certificate stating that no amount is due.
(c) Liability of Purchaser — Release. If the purchaser of a hotel operator's business fails to withhold part of the purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former hotel operator's records are made available for audit, whichever period expires later, but in any event not later than 90 days after receiving the request, the Director of Finance shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the Director of Finance of the amount that must be paid as a condition of issuing the certificate. Failure of the Director of Finance to mail the notice will release the purchaser from any further obligation to withhold the purchase price as above provided. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time that the determination against the operator becomes final, whichever event occurs the later. § 3-3.422 (Reserved)
§ 3-3.423 Withhold Notice.

If any person or operator is delinquent in the remittance or payment of the amount required to be remitted or paid by him or in the event a determination has been made against him for the remittance of tax and payment of the penalty, the City may, within three years after the tax obligation became due, give notice thereof personally or by registered mail to all persons, including the state or any political subdivision thereof, having in their possession or under their control any credits or other personal property belonging to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the taxpayer's credits, other personal property or debts until the City consents to a transfer or disposition or until 60 days elapse after the receipt of the notice, whichever expires earlier. All persons, upon receipt of said notice, shall advise the City immediately of all such credits, other personal property or debts in their possession, under their control or owing by them. If such notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held hereunder during the effective period of the notice to withhold, he shall be liable to the City to the extent of the value of the release up to the amount of the indebtedness owned by the taxpayer to the City.
§ 3-3.424 Stacking Prohibited.

It is a violation of this chapter for any person to knowingly aid or engage in the practice commonly known in the lodging industry as "stacking." As used herein, "stacking" occurs when a transient occupant who is the registered occupant of a transient occupancy unit allows other persons to share occupancy of that unit for overnight sleeping on any night for which such other person or persons are not registered. Any transient who allows stacking to take place in the unit for which that person is registered, and any transient who occupies a unit knowing that his or her occupancy has not been reported to the owner or operator or has not been paid for, shall be in violation of this section. Any such violation shall be prosecuted as a misdemeanor, or, in the discretion of the prosecuting attorney, may be prosecuted as an infraction. (a) Notice. In order to apprise transient occupants of potential violations of this section, all hotel and other transient occupancy facility operators are encouraged to incorporate language similar to the following in their registration documents:
"Your room/unit is to be occupied by not more than _ persons. The Avalon Municipal Code prohibits housing additional unregistered guests in a unit." RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022 WITH THE

STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE
PURSUANT TO $10403 OF THE ELECTIONS CODE
WHEREAS, on February 15, 2022, the City Council of the City of Avalon adopted Resolution No. _ , calling a General Municipal Election to be held on June 7, 2022; for the purpose of submitting to the voters the question relating to the Transactions and Use Tax; and WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to the voters the following question relating to the Transient Occupancy Tax.

Section 2. Measure Language. A measure is to appear on the ballot as follows:
"Shall a measure be adopted by the City of Avalon enacting a one percentage point (1%) increase to Transient Occupancy Tax (TOT), Yes increasing the total tax from 12 to 13 percent, and reserving the increase percentage for the general fund, generating approximately $500,000.00 annually for general City services for a period of 10 No years?"
Section 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election.

Section 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

Section 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide Primary Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of Avalon is authorized and directed to pay for the expenses incurred after receiving a statement from the County of Los Angeles.

Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of Los Angeles.

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15" day of February, 2022.

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell
City Attorney
2 _ City Clerk of the City of Avalon, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the → 2022, by the following vote to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING

OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE
SUBMITTED AT THE JUNE 7, 2022 GENERAL MUNICIPAL ELECTION WHEREAS, a General Municipal Election is to be held in the City of Avalon, California on June 7, 2022, at which there will be submitted to the voters the following measure:
"Shall a measure be adopted by the City of Avalon enacting a one percentage point (1%) increase to Transient Occupancy Tax (TOT), Yes increasing the total tax from 12 to 13 percent, and reserving the increase percentage for the general tund, generating approximately $500,000.00 annually for general City services for a period of 10 No years?"

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Primary Arguments. That the City Council authorizes (i) the City Council or any member(s) of the City Council, (11) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk.

The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be Friday, March 18, 2022, at 5:00 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Monday, March 28, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut.

Section 3. Prior Resolutions. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed.

Section 4. June 7, 2022 Election. That the provisions of Sections 1 and 2 shall apply only to the election to be held on June 7, 2022, and shall then be repealed.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 15" day of February, 2022.

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk
APPROVED AS TO FORM:

Scott Campbell, City Attorney
2 I, _ City Clerk of the City of Avalon, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the day of , 2022, by the following vote to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk

CITY COUNCIL MINUTES
FEBRUARY 2, 2021
PAGE 2
6685) by $185,000 to be covered by previously not budgeted grant revenues of $225,000 (Account 10225-8042) reducing required draws on reserves by $40,000.

B. Amended the budget to increase Fuel Charges (Account 11470-5600) by $100,000 to be covered by additional Fuel Dock fuel charges revenues.

Motion to approve made by Cinde Cassidy, seconded by Yesenia de la Rosa. (All Ayes)
Cabrillo Mole Ferry Terminal Revitalization Project Construction Contract Closeout Change Order
(1) Authorized construction contract balancing change order to provide funding for project closeout; (2) Authorized City Staff to prepare an Interfund Loan from the General Fund (Fund 102) to Harbor Capital Reserve Fund (Fund 104); (3) Allocated funds to Account 10470-6671 (Capital Project Number #18004) from the Harbor Capital Reserve Fund.

Motion to approve made by Michael Ponce, seconded by Cinde Cassidy. (All Ayes) Discussion Regarding Revenue Generating Proposals for COVID Relief - Temporary Increase of Transient Occupancy Tax (TOT), TOT Reallocation, and/or Sales Tax Increase Ballot Measures
City Council directed Staff to bring back the following:
1) A proposed ordinance and election documents to place a measure to increase Sales Tax by 25% on the November 2, 2021 or March 1, 2022 ballot. 2) a) For Staff to research and bring back additional information on a 1%, 2%, and 3% temporary TOT increase for 10 years with potential revenues, and a possible reallocation of TOT funds distributed to Love Catalina Island, the Catalina Island Tourism Authority.
b) A proposed ordinance and election documents to place a measure to Temporarily TOT increase on the November 2, 2021 or March 1, 2022 ballot.

Update on Outdoor Dining During COVID Restrictions - Reopening, Heaters and Additional Tables
Received and filed report on outdoor dining reopening procedures. City Council will bring back the topic of the City adding additional picnic tables to beach "park" areas at the next update on Outdoor Dining.

Mayor Marshall adjourned the meeting at 7:13 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on February 2, 2021, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 2, 2021 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Denise Radde, City Manager
SUBJECT: Discussion Regarding Revenue Generating Proposals for COVID Relief - Temporary Increase of Transient Occupancy Tax (TOT), TOT Reallocation, and/or Sales Tax Increase Ballot Measures RECOMMENDED ACTION(S): Discuss Staff proposals to generate revenue for COVID Relief.

Provide direction as necessary. Direct Staff to prepare and bring back the appropriate ordinance(s) and election documents for the City Council's consideration in order to place measure(s) on the November 2, 2021 or March 1, 2022 ballot.

REPORT SUMMARY: The COVID-19 pandemic, and economic repercussions resulting from it, have had a detrimental effect on the City of Avalon's municipal budget. At the time this report was authored, the City had exhausted nearly all of its reserves in the General Fund and the Harbor Fund was operating at a deficit.

To help balance the budget and add to reserves, City Staff developed potential ballot initiatives.

These initiatives include increasing the City's Transient Occupancy Tax (TOT) by 1% for a period of 10 years, reallocating TOT funds collected and distributed to Love Catalina Island, the Catalina Island Tourism Authority (Tourism Authority), and increasing Sales Tax by .25%. All three initiatives would require a vote of the electorate.

Increasing TOT by 1%
TOT was last increased by a vote of the public in 2004 from 9% to 12%. The City of Avalon's 12% TOT rate is within the average rate charged by cities in Southern California.

Anaheim - 15% Oceanside - 10%
Los Angeles - 14% Redondo Beach - 12%
Malibu - 12% San Diego - 10.5%
Manhattan Beach - 12% West Hollywood - 12.5%
Before 22% of TOT funding collected is distrusted to the Tourism Authority, City collected TOT (pre-COVID) accounted for approximately 53%, $5.3 million, of the City's General Fund. Within the General Fund, TOT is broken into two categories: Transient Occupancy Tax and Vacation Rentals TOT.
1 FY 2017 FY 2018 FY 2019 FY 2020 (Budgeted)
Hotel TOT $3,931,116 $3,904,49 $3,267,131 2,756,802
Vacation Rental TOT $1,376,944 $1,488,739 $1,237,150 1,067,700 If the City Council would like to place a measure on the ballot to increase the City's TOT, Staff would recommend that the increase in TOT be reserved entirely for the City and not be subject to Article 1 of Chapter 2 in Title 3 of the Avalon Municipal Code (AMC) - distribution to the Tourism Authority. Additionally, Staff recommends the increase be temporary and sunset in 10 years.

For our visitors, an increase in TOT of 1% would mean:

Hotel Room Nightly Rate Tax Rate Tax Collected Difference 12% $33.00
$275 13% $2.75
$35.75
12% $42.00
$350 $3.50
13% $45.50
A pre-COVID 1% increase in TOT, reserved in its entirety for the City's General Fund, could account for approximately $450,000 in additional revenue annually.

Reallocating TOT funds distributed to the Tourism Authority Another option available is to develop a ballot measure that would redistribute TOT provided to the Tourism Authority annually.

The City began supporting the operations of the Tourism Authority - formerly the Catalina Island Chamber of Commerce and Visitors Bureau in 1956 (Ordinance No. 378). Originally, the Chamber received business license revenue not to exceed 5% of the General Fund to support promotion of the Island. The ordinance was clarified in 1983 (Ordinance No. 750), and in 1994 the Chamber was approved to receive 22% of TOT collected by the City of Avalon. In 1994, TOT was a rate of 9%. In 2004, the City reinforced its current ordinance by a vote of the public to officially approve the Chamber's allocation of TOT and repeal Ordinance No. 378. According to the ballot measure, it was estimated that the Chamber would receive approximately $732,000 upon approval of both measures.

In FY 2019 the City disbursed $1,212,694 in TOT revenues to the Tourism Authority. This sum accounts for approximately 12% of the revenues in the City's General Fund.

The Tourism Authority is currently exploring development of a Tourism Business Improvement District (TBID). If approved by the City Council, the TBID may implement an independent fee assessed to some or all businesses as a funding source. The TBID would not be subiect to a vote of the general public.
2 Increasing Sales Tax by .25%
Avalon currently has a 10 percent sales tax. The total tax is allocated to various agencies as follows:

State General Fund 3.9375%
City/County General Fund (Bradley-Burns) 1.0000%
Avalon Municipal Hospital and Clinic Tax (AMHC) 0.5000% County Public Safety (Prop 172) D.5000%
County Realignment (Mental Health/Welfare/Public Safety) 1.5625% Countywide Transportation Fund 0.2500%
Los Angeles County Transportation Commission (LACT) 0.5000% Los Angeles County Transportation Commission (LATC) 0.5000% Los Angeles County Metro Transportation Authority (LAMT) 0.5000% Los Angeles County Traffic Improvement Plan (LAMA) 0.5000% Los Angeles County Homeless Services Tax (LACH) 0.2500% Total Rate 10.0000%
There are approximately 21 cities in Los Angeles County that have a combined sales tax greater than 10 percent, including Long Beach, Santa Monica, and Compton.

In 2019, the City Council authorized Staff to develop a ballot measure for the 2020 Presidential Primary/General Municipal Election held on March 3, 2020 ballot. The Measure, Measure SS, would have increased City of Avalon sales tax by 25 percent from 10 to 10.25 percent; however, Measure SS did not pass. Of the 1086 ballots cast, only 363 members of the electorate voted "Yes," 665 voted "No"
With information about the impact of the pandemic and the effect it had on the City's budget, the electorate may support a measure to increase sales tax.

Several steps are required to increase sales tax. Staff would prepare a sales tax ordinance and submit it to the State of California for their approval as to form. This is required because the State collects all local sales taxes and any inconsistencies between the ordinance and State law/regulation could affect tax collection. Staff would also prepare the appropriate election resolutions and other documents to actually call the measure for the ballot. Once complete and upon State of California approval, Staff will bring this document package to the Council for your consideration. Staff is seeking approval to proceed with these steps.

If approved by the voters, this indefinite increase is estimated (pre-COVID) to provide an additional $240,000 annually to the City's General Fund. 3 If directed by the City Council, a Special Election may be held as early as November 2, 2021.

The City conducted a special election on November 2, 2020. The election was consolidated with Los Angeles County and cost the City approximately $10,988.00. (Account #10125-3515) With nearly exhausted reserves, significant expenditure reductions already implemented, and growing infrastructure repairs and increasing capital improvement projects, City Staff believe it is the City's best interests to continually investigate concepts to balance the municipal budget and increase General Fund revenue.

GOAL ALIGNMENT: Not aligned.

FISCAL IMPACTS: Contingent on direction.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No potential increases in revenue streams will be developed.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Ordinance No. 378

2. Ordinance No. 750

3. Ordinance No. 904-94

4. Impartial Analysis of 2004 Ballot Measure "04-A" and "04-B"

5. Article 1 of Chapter 2 in Title 3 of the Avalon Municipal Code

6. Ballot Measure SS - November 3, 2020

7. Impartial Analysis of Measure SS
4 CITY COUNCIL MINUTES
MARCH 2, 2021
PAGE 2
Representation on the Los Angeles/Orange County Regional Broadband Consortia and Letters of Support for Applications for BizFed and Los Angeles Digital Equity League Consortium's (LA DEAL)

1. Appointed Councilmember Lisa Lavelle to be listed as an active member of the Los Angeles/Orange County Regional Broadband Consortia on behalf of the City of Avalon.

2. Approved letters of support for BizFed and Los Angeles Digital Equity League Consortium (LA-DEAL) to the California Public Utility Commission for California Advanced Services Fund Grants.

GENERAL BUSINESS

6. City of Avalon Legislative Platform for the 2021 Legislative Session Adopted the City of Avalon's Legislative Platform for 2021 that guides the City's support of, or opposition to, regional, state, and federal legislation and authorizes City Staff to contact state and federal representatives to advocate for legislative proposals consistent with the guiding principles and policy statements outlined within the 2021 Legislative Platform.

City Council directed Staff to include the following revisions:
1) To support funding and legislation that addresses discrepancies in mail routes, deliveries, Census counts, and other USPS dependent activities. 2) When there are modified CDBG offerings for funding that the City advocate for supplemental payments to those who do not benefit from a CDBG type source.

Motion to approve made by Michael Ponce, Lisa Lavelle. (All Ayes)

7. Ballot Measure Proposals to Temporarily Increase Transient Occupancy Tax (TOT) and/or a TOT Reallocation
By Consensus City Council directed Staff bring back for a formal motion the appropriate ordinance(s) and election documents for the City Council's consideration in order to place measure(s) on the November 2, 2021 or June 1, 2022 ballot:
1) Move forward with Option A. Increase Transient Occupancy Tax (TOT) by 1% (13% total) for a period of 10 years with only the City receiving the 1 percent allocation. 2) To keep the current TOT allocation for the Tourism Authority at 22%. 3) Increase Sales Tax by .25%.

Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Mayor Marshall adjourned the meeting at 6:35 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on March 2, 2021, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 2, 2021 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Denise Radde, City Manager
SUBJECT: Ballot Measure Proposals to Temporarily Increase Transient Occupancy Tax (TOT) and/or a TOT Reallocation
RECOMMENDED ACTION(S): Discuss Staff proposals to generate revenue for COVID Relief.

Provide direction as necessary. Direct Staff to prepare and bring back the appropriate ordinance(s) and election documents for the City Council's consideration in order to place measure(s) on the November 2, 2021 or June 7, 2022 ballot.

REPORT SUMMARY: On February 2, 2021, City Staff proposed the City Council consider revenue generating options for COVID Relief. The proposals included ballot measures to temporarily increase Transient Occupancy Tax (TOT), reallocating TOT distribution, and increasing sales tax.

The COVID-19 pandemic, and economic repercussions resulting from it, have had a detrimental effect on the City of Avalon's municipal budget. The adopted budget draws nearly all of the City's reserves to fund operations despite the significant reductions to staffing and services.

To help balance the budget and add to reserves, City Council directed Staff to:

1. Develop an ordinance and election documents to place a measure to increase Sales Tax by

0.25% on the November 2, 2021 or June 7, 2022 ballot.

2. To research and bring back additional information on a 1%, 2%, and 3% temporary TOT increase for 10 years with potential revenues projections with and a possible reallocation of TOT funds distributed to Love Catalina Island, the Catalina Island Tourism Authority (Tourism Authority).

3. Develop an ordinance and election documents to place a measure to temporarily increase TOT on the November 2, 2021 or June 7, 2022 ballot.

Resolutions, an ordinance and election documents required to place a measure to increase Sales Tax will be brought back before the City Council at a later date.

Staff have developed the following proposals regarding TOT for the City Council to consider and provide direction:
1 Option A.) Increase TOT by 1% (13% total) for a period of 10 years with or without maintaining allocation to Tourism Authority
Pre-COVID a 1% increase to TOT could account for an additional $450,000 in the City's General Fund.

Maintaining the standard allocation to the Tourism Authority (22%) approximately $99,000 would be diverted to the Tourism Authority with $351,000 remaining in the City's General Fund.

Over the ten year time period proposed the General Fund could receive $4.5 million. If the allocation remains in place the City would receive $3.5 million in revenue with the Tourism Authority receiving an additional $1 million.

Option B.) Increase TOT by 2% (14% total) for a period of 10 years with or without maintaining allocation to Tourism Authority
Pre-COVID a 2% increase to TOT could account for an additional $900,000 in the City's General Fund.

Maintaining the standard allocation to the Tourism Authority (22%) approximately $198,000 would be diverted to the Tourism Authority with $702,000 remaining in the City's General Fund.

Over the ten year time period proposed the General Fund could receive $9 million. If the allocation remains in place the City would receive $7 million in revenue with the Tourism Authority receiving an additional $1.98 million.

Option C.) Increase TOT by 3% (15% total) for a period of 10 years with or without maintaining allocation to Tourism Authority
Pre-COVID a 3% increase to TOT could account for an additional $1.35 million in the City's General Fund.

Maintaining the standard allocation to the Tourism Authority (22%) approximately $297,000 would be diverted to the Tourism Authority with $1.05 million remaining in the City's General Over the ten year time period proposed the General Fund could receive $13.5 million. If the allocation remains in place the City would receive $10.5 million in revenue with the Tourism Authority receiving an additional $2.9 million.

Options at-a-glance:

TOT Change Total General Fund City Allocation Tourism Authority Allocation 1% (13%) $450,000.00 $351,000.00 $99,000.00
2% (14%) $900,00.00 $702,000.00 $198,000.00
3% (15%) $1,350,000.00 $1,050,000.00 $297,000.00
2 Option D.) Decrease the allocation to the (22%) Tourism Authority by 1%, 2% or 3% Pre-COVID TOT accounted for approximately 53%, $5.3 million, of the City's General Fund.

Article 1 of Chapter 2 in Title 3 of the Avalon Municipal Code (AMC) describes the allocation of 22% to the Tourism Authority. Using the pre-COVID projection of $5.3 million total TOT collected as a basis the following can be derived:

No Change 1% change 2% change 3% change
(21% to TA) (20% to TA) (19% to TA)
City General Fund Allocation $4,134,000 $4,170,000 $4,240,000 $4,293,000 Tourism Authority Allocation $1,166,000 $1,113,000 $1,060,000 $1,007,000 Net Change n/a +/-$36,000 +/-$106,000 +/-$159,000
City Staff recommend moving forward with Option A.) increase TOT by 1% (13% total) for a period of 10 years maintaining allocation to Tourism Authority. The measures would be competing allowing the electorate to decide whether or not to allocate a portion to the Tourism Authority.

GOAL ALIGNMENT: Fiscal stability.

FISCAL IMPACTS: Contingent on direction.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No potential increases in revenue streams will be developed.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. February 2, 2021 Staff Report re: Ballot Measure Proposals

2. Actions - February 2, 2021

3. Ordinance No. 378

4. Ordinance No. 750

5. Ordinance No. 904-94

6. Impartial Analysis of 2004 Ballot Measure "04-A" and "04-B"

7. Article 1 of Chapter 2 in Title 3 of the Avalon Municipal Code

8. Ballot Measure SS - November 3, 2020

9. Impartial Analysis of Measure SS
3 CITY OF AVALON CITY COUNCIL
MEETING DATE: February 15, 2022 AGENDA ITEM: 9
ORIGINATING DEPT: Administration CITY MANAGER: 0
PREPARED BY: Devin Hart, Administrative Analyst and Deputy City Clerk SUBJECT: Appointment to Fill One Unexpired Term on the Planning Commission
RECOMMENDED ACTION(S): Discuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for an individual to serve as Planning Commissioner for an unexpired term.

REPORT SUMMARY: The Planning Commission is a seven person commission with one alternate member. Planning Commissioners serve four year terms.

Per the Avalon Municipal Code Section 9-1.01: "Only those persons who are physically present in the City of Avalon or within two (2) miles of the City limits at least nine (9) months of each calendar year (excluding special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee's employment, military service, and similar situations) or who owns or serves in a management position in an Avalon- based business. The members shall be appointed by the Mayor with the approval of the Council. The tenure of any member of the Planning Commission shall be terminable at any time by the Mayor upon the affirmative vote of a majority of the entire Council." One Commissioner has recently resigned - Micah Phillips. City Council should appoint a member of the public to serve the remaining term, expiring in June 2022.

The City received four applications - Bruce Fertig, Julie Gilbert, Steve Remery, and Mary Schickling.

GOAL ALIGNMENT: Not aligned.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Planning Commission will have a vacancy.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Bruce Fertig Application, Julie Gilbert Application, Steve Remery Application, and Mary Schickling Application.

CITY OF AVALON
Commission/Committee Application Form
If you are interested in serving on one of the various commissions or committees, please complete le attached application and supplemental questionnaire and return it to the City of Avalon, 41 valon Canyon Road, Post Office Box 707, Avalon, CA 90704. This application is also availabl on the City's website www.cityofavalon.com.

If possible, applicants are asked to attend at least one meeting of the commission or committee for which they are applying prior to participating in the application process. 'he City of Avalon is an equal employment opportunity employer and does not discriminate in naking appointments upon any basis prohibited by law, including race, color creed, religion, age sex, national origin, ancestry, sexual orientation, marital status, military status, or disability. None of the questions or information sought in this application are intended to discriminate based upon any status protected by law.

Please print if filling by hand:

COMMISSION/COMMITTEE FOR WHICH YOU ARE APPLYING:

PLANNINE
MS./MRS./ BRUCE FERTIL
TELEPHONE: 310-510-0443 310-913-3444
Home: Work or Cell:

HOME STREET ADDRESS: 329 CATALINA
MAILING ADDRESS: Box 1459
YEAR YOU BECAME AN AVALON RESIDENT: _ 197/
ARE YOU A REGISTERED VOTER IN THE CITY OF AVALON? YES
WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? YES
WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? YES
DESCRIBE YOUR INTEREST IN THE PLANNING COMMISSION:

WITH SCE AGAIN ISSUING

WATER PERMITS THERE WILL LIKELY

BE A NUMBER OF NEW PROJECTS
TO BE CONSIDERED.

WHAT PERSONAL STRENGTHS DO YOU HAVE THAT WOULD MAKE YOU QUALIFIED FOR THIS POSITION?
35-40 years as a P.C. Membe
AND MAYBÉ 20 years as
Chairman

WHAT HAS BEEN YOUR EXPERIENCE WITH OTHER BOARDS/ORGANIZATIONS THAT YOU BELIEVE WOULD BE BENEFICIAL TO YOU SERVING IN THIS POSITION? BOARD MEMBER OF SAPAP +

WILD SIDE COMMITTEE MEMBER
(BOTH ART SItoroS IN AUAVON)
CURRENT OCCUPATION AND LAST TEN YEARS EMPLOYMENT HISTORY:

Retired
EDUCATIONAL BACKGROUND: _ B.A. ENGLISH
CALSTATE EULLERTON 1970,

WHAT ADDITIONAL INFORMATION WOULD YOU LIKE US TO KNOW TO BETTER ASSESS YOUR SUITABILITY FOR THIS APPOINTMENT?
REFERENCES: (Provide Name and Phone Number)

1. TONY ZIELER 310-510-0515

2. VAL SCHAFER 310-291 - 455%

3. ROY ROSÉ 310-488-1913
SIGNATURE: Bra Perly, _DATE: 1-25-22
RECEDE
DEC 2 9 202
1:19 pm

CITY OF AVALON
Commission/Committee Application Form
If you are interested in serving on one of the various commissions or committees, please complete the attached application and supplemental questionnaire and return it to the City of Avalon, 410 Avalon Canyon Road, Post Office Box 707, Avalon, CA 90704. This application is also available on the City's website www.cityofavalon.com.

If possible, applicants are asked to attend at least one meeting of the commission or committee for which they are applying prior to participating in the application process.

The City of Avalon is an equal employment opportunity employer and does not discriminate in making appointments upon any basis prohibited by law, including race, color creed, religion, age, sex, national origin, ancestry, sexual orientation, marital status, military status, or disability. None of the questions or information sought in this application are intended to discriminate based upon any status protected by law.

Please print if filling by hand:

COMMISSION/COMMITTEE FOR WHICH YOU ARE APPLYING:

Planning
MS./MRS. MR: Julie Gilbert
TELEPHONE: (909) 496-5960 Same
Work or Cell:

HOME STREET ADDRESS: 114 Marilla Ave #3
MAILING ADDRESS: 10 BOX 2627
YEAR YOU BECAME AN AVALON RESIDENT: June 2020
ARE YOU A REGISTERED VOTER IN THE CITY OF AVALON? YeS
WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS?_ yes
WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? _ yes
DESCRIBE YOUR INTEREST IN THE PLANNING COMMISSION:

I am an environmental planner by trade
and am very interested in sening in my community

WHAT PERSONAL STRENGTHS DO YOU HAVE THAT WOULD MAKE YOU QUALIFIED FOR THIS POSITION?
I have more than 30 years in public and privak
Sector environmental permitting, project manage mert
and public affairs. I love Avalon and wald like to WHAT HAS BEEN YOUR EXPERIENCE WITH OTHER BOIS ORCANATIONS VeLaS it my Skills to
THAT YOU BELLEYE WOULD BE BENEFICIAL TO YOU SERVING IN THIS POSIT WAlready.

Mountain Area Regional Trans it Authonty - San Bernardino mountains: 2000-2002
Rim High School Band Booster President
Santa Ana Sucker Conservation Team, member
CURRENT OCCUPATION AND LAST TEN YEARS EMPLOYMENT HISTORY:

Compass consulting Enterprises, Incy President
July 2020 - present
see kusume count of san Bernardino Tanneroyar
SCE stanner and puble affairs 5 years.

EDUCATIONAL BACKGROUND:

B.A. Journalism-Louisana Sak Universty

WHAT ADDITIONAL INFORMATION WOULD YOU LIKE US TO KNOW TO BETTER ASSESS YOUR SUITABILITY FOR THIS APPOINTMENT?
I feel that muy understanding spanning, puke.

I am a solutionnorented peron and believe everfones cations and my love for Aval d REFERENCES: (Provide Name and Phone Number)

1. 2._

3._
SIGNATURE: DATE:

JULIE GILBERT

ENVIRONMENTAL SPECIALIST, ENVIRONMENTAL PROJECT MANGER
PO BOX 2627 | AVALON, CA 90704
(909) 496-5960
Expertise
expertise in CEQA, NEPA, regulatory compliance, communication/ facilitation for resolution of • 30 years of environmental issues, and public image management for public works and private development experience
• Environmental
Planning
decision-makers in finding solutions to complex problems. She also negotiates with regulators • CEQA/NEPA at the federal, state and local level. Ms. Gilbert uses her decades of experience to assist clients • Regulatory compliance
• Public policy
She has a working familiarity with processes of numerous State and federal regulatory agencies • Public engagement such as U.S. Forest Service (USFS), Bureau of Land Management (BLM), Federal Highways • Project Management Administration (FHWA), Federal Emergency Management Agency (FEMA), Federal Airport • Third-Party Review Authority (FAA), U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service • Documentation (USFWS), State Water Board (SWB), California Public Utilities Commission (CPUC), Regional QA/QC Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW) etc. • "One-Stop-Shop" She is skilled in both the Califomia Environmental Quality Act (CEQA) and National Development and Environmental Policy Act (NEPA) and has authored numerous Initial Studies, Negative Permitting Services Declarations, Mitigated Negative Declarations and Environmental Assessments (EAs).

Prior to forming Compass Consulting Enterprises, Inc (Compass) in mid-2020, Ms. Gilbert had been an environmental project manager for various environmental consulting firms and public Education agencies, compliance documentation, regulatory permit preparation and processing, B.A., Journalism, environmental project management, preparing constraints analyses, preparing impact analyses, Louisiana State negotiating mitigation compliance, preparing mitigation plans and public image management. University, 1987 Other hallmarks of her career that spans nearly three decades includes but are not limited to:

Director of Community Affairs for the Department of Public Works for the City of Houston; Region Manager for Southern California Edison (SCE) managing SCE's community affairs in the High Certificates
Desert area of Southern California for two years; SCE lead senior planner for four years; and lead senior planner for the County of San Bemardino Department of Public Works for the Flood Certificate, Control District, Transportation Department and Solid Waste Management Division for 10 years. Environmental Leadership. Cal
KEY EXPERIENCE - GENERAL State San Marcos,
2014
Ms. Gilbert approaches all her projects with an attention to detail. She has authored more than Woman-Owned 75 environmental documents that comply with CEQA, NEPA and other regulatory permit Business applications. Ms. Gilbert's depth of expertise includes the following key areas: Certifications, in process
• CEQA/NEPA Preparation
Jurisdictional Waters Permitting
Mitigation Plan Development
• Public Engagement
Regulatory Program Development
• Document QA/QC
Page .

Julie Gilber

SELECTED PROJECT EXPERIENCE
Environmental Documentation Preparation and Document QA/QC - Various clients. 2020 to present. Ms. Gilbert currently provides on-going environmental document preparation and QA/QC services for several small environmental consulting firms in the Inland Empire. This includes preparation and review of CEQA and NEPA documents including Initial Studies and Environmental Impact Reports, along with their associated technical studies. For document QA/QC, Ms. Gilbert conducts independent fact-checking of subconsultant technical studies as well as editing for consistency within the environmental document and with the technical studies and provides technical writing and editing for readability. Additionally, Ms. Gilbert is the subcontract Project Manager and Lead Preparer for several of those firm's on-going CEQA and NEPA projects.

Peer Review and CEQA and Jurisdictional Waters Compliance Documents - Multiple Projects, San Bernardino County. While working as a senior-level public works planner from 1999 to 2010 for the San Bernardino County Department of Public Works, Ms. Gilbert conducted peer-reviews of numerous environmental technical reports prepared by consultants for various food control, road and solid waste projects. Throughout her decade-long career for the County, Ms. Gilbert authored numerous detailed CEQA Exemption documents, CEQA Initial Studies/Mitigated Negative Declarations, Jurisdictional Water permit applications and road construction and maintenance, flood control facility maintenance, and landfill maintenance.

Federal agency compliance documentation included Caltrans, the Bureau of Reclamation, the US Forest Service, and the US Fish and Wildlife Service.

Caltrans Coordination for Miscellaneous Trail Projects, City of Big Bear Lake. (2018 to 2019). The City of Big Bear Lake has a master trail plan for which it has been obtaining State and federal grant funding, including a bike/pedestrian trail on SR-18, the Alpine Pedal Path along SR-18 and the Stanfield Marsh Outdoor Recreation and Education Trail and Kiosk. For these projects, Ms. Gilbert, prior to forming Compass, prepared the CEQA Categorical Exemptions, and the NEPA Categorical Exclusions, as well as assisted the engineering team with preparation various Caltrans-required engineering documents.

Proponent's Environmental Assessment (PEA) - Moorpark-Newbury 66 KV Subtransmission Line, Southern California Edison (SCE). (2013) While as a senior environmental planner for SCE, Ms. Gilbert managed the preparation of this complex licensing compliance document for submittal to the California Public Utilities Commission (CPUC) on behalf of SCE to install approximately 8 miles of towers and conductor. This was a unique project in that SCE had prior approval to construct the project but due to public controversy after construction, the CPUC directed SCE to provide a full application package and re-analyze the constructed portions as well as those portions yet to be constructed. Ms. Gilbert led SCE's multi-disciplinary project team in preparing a complex analysis that met both the CPUC and CEQA Guidelines, current environmental law, and addressed the public's concerns. The analysis was successfully approved by the CPUC, which subsequently utilized the PEA as the basis for its Draft and Final Environmental Impact Reports.

Magnolia Avenue Bridge Widening CEQA/NEPA Environmental Compliance, CNS Engineering for City of Corona (2019-present). The City of Corona is proposing to widen the Magnolla Avenue Bridge over the Temescal Wash Channel and its approaches from El Camino Avenue to1,000 feet east of private All American Way, funded by the Federal Transportation Improvement Program (FTIP). Ms. Gilbert is the Project Manager and Lead Preparer, under a