Avalon City Council
March 1, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, MARCH 1, 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 thepublic 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 COUNCILand PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhereto 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 CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication andaddress 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 OralCommunication and address the City Council on an agenda items by providing comments via eComment. 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: wwwmtyctaviIciicorn/mgçfipgs
*Streaming on Facebook Live: www.facebook..pp,rn[QitOfAvalonOfficial To submit comments using eComment, please follow this link:
https:/Iavalon.granicusideas.com
Click the Meetings tab and then Post to comment on the 03101/2022 meeting.

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

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
PRESENTATIONS — Su Casa’s Program Director, Lilly Lopez and Andrea Olson, Denise Motter, and Tessa Hernandez of the Catalina Island Women’s Forum DV committee will provide a presentation on the domestic violence services available to the Avalon community. (10 minutes)

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS I MAYOR REPORT

CITY COUNCIL AGENDA
MARCH 1, 2022
PAGE 2

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.

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 10, 2022 Special City Council Meeting, the February 15, 2022 Regular City Council Meeting and the February 22, 2022 Special City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $580,022.50.o One payroll in the amount of $192,505.68. o Two electronic fund transfers totaling $34,261.12.

Recommended Action
Approve the disbursements for February 7, 2022 through February 18, 2022 totaling $806,789.30. Amend the February 15, 2022 Warrants Staff Report to identify a totalexpenditure of $1,484,736.88 from $814,373.16 listed in the Recommended Actionsection.

3. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council of the City of Avalon made findings pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine that the COVID-19 state ofemergency 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-1 9, and that as a result of the COVID-1 9 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming March 15, 2022 meeting and thirty (30) days thereafter.

Recommended ActionDetermine 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.

CITY COUNCIL AGENDA
MARCH 1, 2022PAGE 3

4. City Renewal of General Services Agreement with Los Angeles County The General Services Agreement (GSA) between the City of Avalon and County of Los Angeles will expire on June 30, 2022. To ensure continuation of services, City Staff recommend renewing the existing agreement for a five-year term beginning on July 1, 2022.

Recommended Action
Authorize the City Manager to execute a General Services Agreement with Los Angeles County for a five year term beginning on July 1, 2022.

5. Senate Bill 619 Resolution Providing Notification of Intent to Comply with Senate Bill 1383 to CalRecycle
Senate Bill 619 (SB 619) was introduced into law on October 5, 2021 and provides relief for municipalities and other jurisdictions that mean to comply with Senate Bill 1383, but need more time for implementation. SB 619 requires entities to submit to CalRecycle aresolution adopted by City Council providing notification of intent to comply with SB 1383 as well as an application that outlines the current areas of non-compliance. The filing deadline for this relief is March 1, 2022.

Recommended Action
Adopt a resolution to approve the application providing notification of intent to comply with Senate Bill 1383 and authorize Staff to submit the documents to CalRecycle.

6. Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
The Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Springs, CA from May 5-6, 2022. The City’s votingdelegate will vote on agenda items pertaining to the General Assembly Business Meeting.

Recommended Action
Adopt a resolution appointing Mayor Ann H. Marshall as the City of Avalon voting delegate and appoint another member of the City Council as the alternate delegate for the Annual Southern California Association of Governments Regional Conference and General Assembly in May 2022.

GENERAL BUSINESS

7. First Reading of Zoning Ordinance Amendment ZOA 22-01, which Amends the Avalon Municipal Code to Regulate SB 9 Urban Lot Splits and Two-Unit Proiects and Finds theOrdinance to be Exempt from CEQACalifornia legislature passed, and Governor Newsom signed into law, Senate Bill 9 (SB9”). SB 9 took effect on January 1, 2022 and requires the City to both: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 sf and (2) allow any lot in a single-family residential zone to be developed with up to two single-family primary dwellings. SB 9 requires the City to approve eligible lot splits and two-unit projects ministerially. SB 9 supplants local zoning ordinances and only allows cities to impose certain objective criteria for projects covered by SB 9. The proposed Zoning Ordinance incorporates the state mandated changes but also creates certain objective standards by which such projects may be considered.

CITY COUNCIL AGENDA
MARCH 1, 2022
PAGE 4
Recommended Action

1. Find the Ordinance exempt from the California Environmental Quality Act (“CEQA”) pursuant to: (1) Section 15358 of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; (2) Section 15061 (b)(3) of the CEQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environment; and (3) Government Code sections65852.21(j) and 66411.7(n), which provide that adoption of an ordinance implementing the provisions of Government Code sections 66411.7 and 65852.21 (i.e., SB 9) is statutorily exempt from CEQA. 2. Introduce and waive all further readings of an ordinanceof the City of Avalon amending the Avalon Municipal Code to add Section 9-2.10 and Article 7 to Chapter 9-5 regarding SB 9 urban lot splits and two- unit projects.

8. First Reading of an Ordinance Amending Chapter 9-1.01 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Planning Commission Membership It was brought to City Staff’s attention that the Avàlon Municipal Code (AMC) does not require a member of the Planning Commission to be a full-time resident of Avalon. The current ordinance allows persons who own a business or serve in a management function to serve on the Planning Commission, regardless of their residency.

Recommended Action
Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-1.01 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Planning Commission Membership.

9. Fourth of July Fireworks Vendor
City Staff solicited quotes from various fireworks vendors and received two proposals — one from Pyro Spectaculars for $35,000 and one from Garden State Fireworks, Inc. for$38,000. Both vendors are licensed and in good standing with the State. As per alongstanding agreement, Love Catalina traditionally pays for the firework show and has agreed to fund the show the City Council chooses.

Recommended Action
Authorize the City Manager to execute an agreement with Garden State Fireworks, Inc.to provide the firework show on the Fourth of July.

10. Award Contract for Joe Machado Field (JMF) Concession Stand On December 7, 2022 City Council authorized City Staff to issue a request for proposals(RFP) for the concessions at Joe Machado Field (JMF). The City received two proposals — one from Francisco Rojo and the other from Don Tony’s Fruit.

Recommended Action
Authorize the City Manager to negotiate and execute an agreement with Francisco Rojo for the operations at the snack bar concession at Joe Machado Field and that the City Council waive any irregularities in the proposal.

CITY COUNCIL AGENDA
MARCH 1, 2022PAGE 5

ADJOURN

NOTICE OF POSTING
I, Denise A. Radde, declare that the City Council Agenda for Tuesday, March 1 2022 was posted on Friday, February 25, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.

Denise A. Radde, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1, 2022 AGENDA ITEM: 1
ORIGINATING DEP: Cfty Clerk CITY MANAGER:__________
PREPARED BY; Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the February 10, 2022 Special City Council Meeting, the February 15, 2022 Regular City Council Meeting and the February 22. 2022 Special City Council Meeting.

REPORT SUMMARY: Although the live recording is the official record of publicmeetings. minutes are prepared for the Councils 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 10, 2022 Special City Council Minutes
2) February 15, 2022 City Council Minutes
3) February 22, 2022 Special City Council Minutes

SPECIAL AVALON CITY COUNCIL MEETING
THURSDAY, FEBRUARY 10, 2022
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361 VIA ZOOM

MINUTES
Due to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OFAVALON’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 CouncilChambers 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. Allindividuals 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-1O:02 am.

ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, and Yesenia De La Rosa. Also present:

City Manager David Maistros and City Clerk Denise Radde. Absent: City Attorney ScottCampbell, Councilmember Cinde Cassidy, and Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones.

GENERAL BUSINESS

1. Genera! Plan Amendment GPA 21-01, Approving the 2021-2029 Planning Cycle Housing Element UpdateMayor Marshall opened the public hearing. No public comments were made and the Mayor closed the public hearing.

City Council made the finding the project is exempt from further environmental review in compliance with CEQA Guidelines Section 15164 and adopted Resolution No. 22-04 of the City Council of the City of Avalon, adopting General Plan Amendment GPA 21-01 (2021-2029 Housing Element Update).

Motion made by Anni Marshall, seconded by Michael Ponce. (4 Ayes-Marshall, De La Rosa, Lavelle and Ponce; 1 Absent-Cassidy)

SPECIAL CITY COUNCIL MINUTES
FEBRUARY 10, 2022PAGE 2Mayor Marshall adjourned the meeting at 10:26 am.I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on February 10, 2022, is the official record of the CouncilMeeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk I Sr. Administrative Assistant

AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 15, 2022
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 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 COUNCILand 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 andaddress 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 CouncilChambers 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-5:01 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-The City Clerk Denise Radde received many written communications regarding Item #10 Consider Resolution of Intention to Establish the Catalina Island Tourism Business Improvement District.

PRESENTATIONS
-None
CONSENT CALENDAR-The City Manager removed Item #10 Consider Resolution of Intention to Establish the Catalina Island Tourism Business Improvement District at the request of Love Catalina, the item will be scheduled for a future City Council Meeting. There were 4 Items on the Consent Calendar.

Motion to approve Item #1-#4 made by Cinde Cassidy, seconded by Lisa Lavelle. (All Ayes)

1. Minutes
Approved minutes from the February 1, 2022 regular City Council Meeting.

2. Warrants
Approved 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, and four electronic fund transfers totaling $171,116.60 for a total of $814,373.16 for January 24, 2022through February 4, 2022.

CITY COUNCIL MINUTES
FEBRUARY 15, 2022PAGE 2

3. 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 (CaITIP) 1) Adopted Resolution No. 22-05 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,
2) Adopted Resolution No. 22-06 of the City Council of the City of Avalon Appointing a Director to the California Intergovernmental Risk Authority (CIRA) Board of Directors.

4. Wastewater Treatment Plant Sewer Outfall -California State Lands Commission Lease Agreement No. 4695Adopted Resolution No. 22-07 of the Council of the City of Avalon Approving andAuthorizing Execution of Lease Agreement No. 4695 with the State Lands Commission Regarding State Lands Utilized by the Wastewater Treatment Plant for a Sewer OutfallPipe.

GENERAL BUSINESS

5. FY22 Mid-Year Financial Results and Proposed Budget Amendments Received the report of the Mid-Year Financial Results for FY 2021-2022; and 2.

Authorized 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.

Motion to approve made by Cinde Cassidy, seconded by Michael Ponce. (All Ayes)

6. City of Avalon General Municipal Election — June 7, 2022 1) City Councii approved the candidates’ statements to be no more than 200 words.

Motion made by Cinde Cassidy, seconded by Anni Marshall. (All Ayes) la) City Council decided that the candidates will pay for the printing cost of the candidate statement and translation cost of the candidate statement in the voterpamphlet.

Motion made by Anni Marshall! seconded by Cinde Cassidy. (4 Ayes-Marshall, Cassidy,De La Rosa and Ponce; 1 No-Lavelle). 2) City Council adopted the following Election Resolutions:

Adopted Resolution No. 22-08 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.

Adopted Resolution No. 22-09 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 with the Statewide Direct Primary to be held on Tuesday,June 7, 2022 and to render specific services to the City.

CITY COUNCIL MINUTES
FEBRUARY 15, 2022PAGE 3
Adopted Resolution No. 22-10 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.
3) City Council directed the City Clerk to publish the Notice of Election.

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

7. 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
Adopted Resolution No. 22-11 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 aGeneral Transactions and Use Tax at the Rate of One-Quarter Percent (1/4%).

Motion made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Adopted Resolution No. 22-12 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.Motion made by Cinde Cassidy, seconded by Anni Marshall. (All Ayes) Adopted Resolution No. 22-13 of the City Council of the City of Avalon, California, Providing for the Filing of Primary and Rebuttal Arguments and Setting Rules for theFiling of Written Arguments Regarding a City Measure to be Submitted at the June 7, 2022 General Municipal Election.

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

8. 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
Adopted Resolution No. 22-14 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.

Adopted Resolution No. 22-15 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.

CITY COUNCIL MINUTES
FEBRUARY 15, 2022
PAGE 4
Adopted Resolution No. 22-16 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.

Motion to approve made by Lisa Lavelle, seconded by Anni Marshall. (All Ayes)

9. Appointment to Fill One Unexpired Term on the Planning Commission City Council appointed Bruce Fertig to serve as a Planning Commissioner for anunexpired term, expiring June 2022.

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

REMOVED ITEM

10. Consider Resolution of Intention to Establish the Catalina Island Tourism Business Improvement District
Mayor Marshall adjourned the meeting at 6:47 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on February 15, 2022! 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

SPECIAL AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 22, 2022
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361 VIA ZOOM

MINUTES
In compliance with the Americans with Disability Act, if you need special assistance to participate in these meetings, please contact Denise Radde, City Clerk (310) 510-0220. Notification 24 hours prior to themeetings will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 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 encouragedto 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 CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication andaddress 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 Chamberswho 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 OralCommunication and address the City Council on an agenda items by providing comments via eComment. 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 Pence, and Yesenia De La Rosa. Alsopresent: City Manager David Maistros, Interim Public Works Director Bob Greenlaw, and DeputyCity Clerk Devin Hart. Absent: City Attorney Scott Campbell.

GENERAL BUSINESS

1. Active Transportation Plan
Heard a presentation from the Public Works Director. Mayor Marshall opened the publichearing. Public comments were received, and Mayor Marshall closed the public hearing.

Adopted the Active Transportation Plan.

Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Mayor Marshall adjourned the meeting at 5:46 p.m.

I, Devin Hart, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on February 22, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.

Devin Hart, Deputy City Clerk/Administrative Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1,2022 AGENDA ITEM: 2.

ORIGINATING DEP: Finance CITY MANAGER:

PREPARED BY; Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for February 7, 2022 through February 18, 2022 totaling $806,789.30. Amend the February 15, 2022 Warrants Staff Report to identify a total expenditure of $1,484,736.88 from $814,373.16 listed in the Recommended Action section.

REPORT SUMMARY: These disbursements through February 1 8th are comprised of warrants from the General Account totaling $580,022.50, one payroll totaling $192,505.68, and other electronic fund transfers totaling $34,261.12.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 33862-33921 $ 580,022.50 02/18/22 PAYROLL 192,505.68 02/11/22
EFT -CALPERS RETIREMENT 32,844.98 02/11/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,416.14 02/1 8/22 TOTAL DISBURSEMENTS $ 806,789.30
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
FEBRUARY 7,2022 - FEBRUARY 18, 2022 DISBURSEMENTS
March 1, 2022

ITEM DESCRIPTION AMOUNT DATE
OF US BANK WARRANTS CK# 33862-33921 $ 580,022.50 02/18/22 PAYROLL 192,505.68 02/11/22EFT -CALPERS RETIREMENT 32,844.98 02/11/22Eli- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,416.14 02/18/22 TOTAL DISBURSEMENTS $ 806,789.30

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAI FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
1st DAY OF MARCH 2022 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 1st DAY OF MARCH 2022

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

CITY OF AVALON
FEBRUARY 7, 2022 - FEBRUARY 18, 2022 DISBURSEMENTS
March 1, 2022
(452.81) CARUSO FORD
452.81 CARUSO FORD
3,219.36 MA OIL, INC

83.20 AIR SOURCE INDUSTRIES21.97 ALBERTSON COMPANIES
289.67 AMAZON CAPITAL SERVICES, INC.
1,302.00 ANTONION’S PIZZERIA & CABARET, INC.
935.42 ARIENS SPECIALTY BRANDS LLC
5,922.45 AT&T
140,512.03
149.63
3,580.00
391.00 BMI

BOUNDTREE MEDICALBOYD, RAY

CAFE METROPOLE

CATALINA BEVERAGE COCATALINA CHAMBER OF COMMERCE

CATALINA COASTAL TOURS & FISHINGCATALINA COASTAL TOURS & FISHING

CATALINA EXPRESSCATALINA ISLAND COMPANY

CATALINA ISLAND JANITORIALCATALINA PEST CONTROLCATALINA YAMAHACOLLINS COLLINS MUIR & STEWARD, LLP

DELTA DENTALDEPT OF HEALTH CARE SERVICESDEWEY PEST CONTROL MO. DION & SONS. INC

DIVISION OF THE STATE ARCHITECT

EDISONEMS SAFETY SERVICES, INC
ENTENMANN-ROVIN CO.FIDElITY SECURITY UFE INSURANCE

FORTIN, KELLY

GARCIA, JOSE
HAAKER

HDL COREN & CONEHOME DEPOT CREDIT SERVICES

LUPO, KARLA

THE PRAETORIAN GROUP
MC MASTE R’ CA RB
MED-TECH RESOURCE, INC.

NAPA AUTO PARTS
NCRTF-W’NC REFRIGERATION
OPENCOV. INC.SANCHEZ. TIMOTHYQUILL CORP
RICOH USA, INC.ROSENOW SPEVACEK GROUP, INC
SIRIA’S CLEANING SERVICESTANDARD INSURANCE COMPANY

SUPERION, LLC

TOWNSEND PUBLIC AFFAIRS, INC

UNDERGROUND SERVICE ALERT/SC

US BANCORP SEVICE CENTER

VEGA, EDMUNDO

VOID - CHECK LOST IN MAIL
REISSUE CHECK 33731FUEL - ALL DEPTS

SERVICE - FIRE
SUPPLIES - ADMIN/FIRESUPPLIES - ALL OEPTSSENIOR MEALS -08/2021, 10/2021

UNIFORMS - KARSTENS, PEDROZA

COMMUNICATIONS - ALL DEPTS
CONTRACT SERVICES, SWEEPER - 01/2022

FREIGHT - ALL DEPTS

CONTRACT SERVICES
- IT

YEARLY RENEWAL - RECREATIONSUPPLIES - FIRE
REIMB 0/P COSTS
SENIOR MEALS -01/2022
SUPPLIES - ALL DEPTSTOT - 01/202 2
CONTRACT SERVICES - 2ND HALF 03/2022CONTRACT SERVICES - 1ST HALF 03/2022 2ND HALF 01/2022RENT - 02/2022

SERVICE -ADMIN

YEARLY SERVICE - HARBOR

SUPPLIES
- GARAGE
LITIGATION COSTSDENTAL -02/2022
GEMT -04 DUES FY22

SERVICE - ALL DEPTS

FUEL - HARBOR
DSA SB1186 FEES QUARTERS 1-4UTILITIES - ALL DEPTS

SUPPLIES - FIRE

UNIFORMS - HARBOR
VISION - 02/2022

LITIGATION COSTS

REFUND - RENTAL FEE

SUPPLIES - GARAGE

SERVICE - FINANCESUPPLIES - PUBLIC WORKSSERVICE - RECREATION

TRAINING - FIRE

SUPPLIES - HARBOR/PUBLIC WORKSSUPPUES - FIRE

SUPPLIES - GARAGE/TRANSITSERVICE - AOMINSOFTWARE LEASE - FINANCE

EMPLOYEE SCREENINGS

SUPPLIES -ALL DEPTS

COPIER LEASE - PLANNING

SERVICE - SUCCESSOR AGENCY
2ND HALF 02/2022LIFE INSURANCE - 02/2022SOFTWARE LEASE - FINANCE

SERVICE - ADMINSERVICE - PUBLIC WORKSSEE ATTACHED DETAIL CONTRACT SERVICES - 02/2022

AMOUNT NAME DESCRIPTION

AVALON ENVIRONMENTAL SVCS

AVALON FREIGHT SERVICES, LLC

BEYOND SOFTWARE SOLUTIONS
CHECK
NUMBER
33731
338623386333864
33865338663386733868
3386933870
3387133872
338733387433875
33876
33877
3387833879
338803388133882
3388333884
3388533886
33887
33888
338893389033891
338923389333894
3389S33896
338973389833899
339003390133902
33903
33904
33905339063390733908
339093391033911
3391233913
339143 39 iS33916
3391733918
DATE
ISSUED
02/09/20220 2/09/202 2
02/18/2022
02/18/202202/18/202202/ 18/20 2 2
02 /18/2 02 2
02/18/2022
02/18/202202/18/202202/ 18/202 2
02/18/202202/18/2022
02/18/202202/18/202 202/18/2022
02/ 18/202 2
0 2/18/202 202/18/202202/ 18/202 2
02/18/ 202 202/18/2022
02/18/202202/18/202202/18/202202/18/2022
02/18/2022
0 2/18/202 202/18/202202/18/202 2
02/18/202 202/18/2022
02/18/202202/18/202202/ 18/202 2
02/18/2022
02/18/2022
02/18/202202/18/202202/18/2022
02/18/202202/18/2 02202/18/2022
02/18/2022
02/18/2022
02/18/202202/18/202202/18/2022
02/18/2022
02/18/20 22
02/18/2022
02/18/202202/18/2022
02/18/202 202/18/2022
02/18/202202/ 18/202 202/18/2022
655 iS
125.25
684.00
150. 80
94,417.00
12,041.67
9,958.33
186,144.90
8,074. CO
112.50
3,332.00

38.98 9,132.506,811.83
4,144.08
818.00
895.61446.00378.72
291.28124.05
L036.26
6,528.20
114.00
1,723.52
1,291.40
2,960.80
315.00
990.00
3,354.10
220.97
979.31
165.00
24,052.08
469.00580.57

20.57 1,065.00
8,890.10
1, 205 .89
1,823.26
5,000.00

49.60 4,408.13
14,447 .92

CITY OF AVALON
FEBRUARY 7,2022 - FEBRUARY 18, 2022 DISBURSEMENTS
March 1, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
33919 02118/2022 1638.98 VERIZON WIRELESS COMMUNICATIONS - ALL DEPTS33920 02/18/2022 895.71 WALTERS WHOLESALE ELECTRIC CO SUPPLIES - PUBLIC WORKS 33921 02/18/2022 61375 WEST MARINE PRO SUPPLIES - HARBOR S 580,022.50

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID FEBRUARY 18,2022
March 1, 2022

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CARSTARPHEN 12/16/2021 20.89 CHETS HARDWARE MAINTENANCE SUPPLIES HARBOR CARSTARPHEN 12/17/2021 947.88 MARINE DIESEL SERVICE GARAGE SUPPLIES HARBORCARSTARPHEN 12/17/2021 906.18 MARINE DIESEL SERVICE GARAGE SUPPLIES HARBOR CARSTARPHEN 12/17/2021 863.7D MARINE DIESEL SERVICE GARAGE SUPPLIES HARBORCARSTARPHEN 12/20/2021 38.00 CATALiNA EXPRESS TRAVEL HARBORCARSTARPHEN 12/21/2021 6.02 CHEVS HARDWARE MAINTENANCE SUPPLIES HARBORCARSTA.RPHEN 12/29/2021 3.99 WEATHERFLOW MONTHLY WEATHER SUBSCRIPTION ‘-ARBORCARSTARPHEN 12/30/2021 14.84 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBOR CARSTARPHEN 12/31/2021 16.15 UPS FREIGHT HARBORCARSTARP[4EN 1/7/2022 19.79 CHETS HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 1/7/2022 500.00 DATATEL COMMUNICATIONS MOORING PAYMENT SERVICE HARBORCARSTARPHEN 1/10/2022 622.73 WAYNE ELECTRIC GARAGE SUPPLIES HARBORCARSIARPHEN 1/12/2022 330.00 EBAY.COM RADIO SUPPLIES HARBOR CARSTARPHEN 1/12/2022 117.96 SHOES FOR CREWS SAFETY SHOES HARBOR S 4,4D8.13 CHECK 33917

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1, 2022 AGENDA ITEM: I
ORIGINATING DEP: City Attorney CITY MANAGER: 4JL( 11
PREPARED BY: Scott Campbell! City AttorneySUBJECT: Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): At the February 1, 2022 City Council meeting, the City Council of the City of Avalon (‘City’) made findings pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine 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 localofficials 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. Because these findings must bemade every thirty (30) days, the City Council will have to make these findings at its upcoming March 15, 2022 meeting and thirty (30) days thereafter.

REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings,provided that the physical locations of the legislative body’s members joining by teleconferenceare posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. Newly enacted AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.

Most public agencies have been holding public meetings using virtual platforms since this time.In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in ED N-29-20 would sunset on September 30, 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

Specific Findings Required under AR 361
Under AB 361, the City Council can hold virtual meetings without providing notice of the City Council’s teleconference location if the City Council makes the determination that there is a 6505900000\3452048 I.

Governor-proclaimed state of emergency, which the City Council will consider in their determination, and one of two secondary criteria listed below exists:

1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or

2. The City Council determines that requiring a meeting in person would present an imminent risk to the health or safety of attendees.

COVID-19 continues to present an imminent threat to the health or safety of members of the public, and the Governor’s declaration of a COVID-19 emergency still exists. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated andremain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is the Delta variant. The City’s economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure toCOVID-1 9 poses an imminent risk to the health or safety of attendees.

Re-Authorization is Required Within 30 Days
The City Council made the findings listed above at its February 1, 2022 City Council meeting.

Consistent with the provisions of Government Code Section 54953(e), the findings must be made every 30 days ‘after teleconferencing for the first time” under AB 361. Thus! if the City Councildesires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.

It is recommended that the City Council make these findings.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council willhave to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.

FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its March 15, 2022 City Council meeting.GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.ATTACHMENTS: None.65059.00000\3452048 1.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1,2022 AGENDA ITEM: LiORIGINATING DEP: Administration CITY MANAGER: fill iiPREPARED BY: Devin Hart, Administrative Analyst & Deputy City ClerkSUBJECT: City Renewal of General Services Agreement with Los Angeles County
RECOMMENDED ACTION(S): Authorize the City Manager to execute a General Services Agreement with Los Angeles County for a five year term beginning on July 1 2022.

REPORT SUMMARY: The General Services Agreement (GSA) between the City of Avalon andCounty of Los Angeles will expire on June 30, 2022. To ensure continuation of services, CityStaff recommend renewing the existing agreement for a five-year term beginning on July 1, 2022.

The GSA authorizes the County to provide services requested by the City. Services provided under the GSA consist of “as-needed” time-limited services such as predatory animal control,prosecution of city ordinances, direct assessment collection, and a variety of public works services. Ongoing services such as law enforcement, LA County Fire/Lifeguards, or public healthcode enforcement are provided by the applicable County departments through Special Services Agreements. Any existing Special Services Agreement between the City and County are not affected by renewal of this GSA.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have an agreement with Los Angeles County to perform general services including direct assessmentcollection.FOLLOW UP ACTION: Implement City Council direction.GOAL ALIGNMENT: N/AFISCAL IMPACTS: Undetermined.

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

ATTACHMENTS: General Services Agreement.

GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT (Agreement), dated for purposes of reference only, July 1, 2022. is made by and between the County of Los Angeles,hereinafter referred to as the “County’. and the City of Avalon, hereinafter referred to as the ‘City.

RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized arid provided for by the provisions of Section 56Y2 of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.

2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policiesand procedures established by the Board of Supervisors.

These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.

3. No County agent, officer or department shall perform for said City any 1 of 6
function not coming within the scope of the duties of such agent, officer or department in performing services for the County.

4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.

5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate,and each such service or function shall be performed at the times and undercircumstances which do not interfere with the performance of regular County operations.

6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in theCity, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.

It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quartersmay be used by the County agent, officer or department in connection with theperformance of its duties in territory outside the City and adjacent thereto provided,however, that the performance of such outside duties shall not be at any additional cost to the City.

7. All persons employed in the performance of such services and functions for 2 of 6
the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have anyCity pension. civil service, or other status or right.

For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.

8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out ofhis or her employment.

9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event thatthe Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

10. Each County agent, officer or department performing any service for the 3 of 6
City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and othercompensation for labor, supervision and planning, plus overhead, the reasonable rentalvalue of all County-owned machinery and equipment, rental paid for all rented machineryor equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County,reasonable handling charges, and all additional items of expense incidental to theperformance of such function or service.

11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any workis done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.

12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shallpay County therefore within thirty (30) days after date of said invoice.

If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recoverinterest thereon. Said interest shall be at the rate of seven (7) percent per annum or anyportion thereof calculated from the last day of the month in which the services wereperformed.

13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 4 of 6
including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County’s intention to do so.

14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2027, and at the option of the CityCouncil of the City, with the consent of the Board of Supervisors of County, shall berenewable thereafter for an additional period of not to exceed five (5) years.

15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board ofSupervisors, not later than the last day of June 2027, shall notify the City Council in writingof its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.

Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days’ prior writtennotice to the City. The City may terminate this Agreement as of the first day of July ofany year upon thirty (30) days’ prior written notice to the County.

16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departmentsthereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract withrespect to specific services shall be controlling as to the duties and obligations of theparties anything herein to the contrary notwithstanding, unless such special contractadopts the provisions hereof by reference. 5 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this
______________
y
of 2022.

The City of Avalon,
By
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By____________________________ By________________________ Chair, Board of Supervisors
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By______________________________
Deputy
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By
Senior Deputy
6 of 6

CITY OF AVALON CITY COUNCIL
MEETING DATE: January 18, 2022 AGENDA ITEM: 5ORIGINATING DEP: Administration CITY MANAGER:________ PREPARED BY: Devin Hart, Administrative Analyst
Denise Radde, City Clerk
SUBJECT: Senate Bill 619 Resolution Providing Notification of Intent to Comply with Senate Bill 1363 to CalRecycle
RECOMMENDED ACTION(S): Adapt a resolution to approve the application providing notification of intent to comply with Senate Bill 1383 and authorize Staff to submit the documents to CalRecycle.

REPORT SUMMARY: The City Council adopted an ordinance amending Title 6, Chapter 6-2 of the Avalon Municipal Code relating to solid waste collection and organic waste disposal reduction requirements as required by Senate Bill 1383 (SB 1383) on December 7, 2021. 58 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. Inaddition, not less than 20 percent of currently disposed edible food must be recovered for humanconsumption.

The law also grants CalRecycle, the regulatory authority to achieve the organic waste disposal reduction targets, including the ability to adopt regulations to implement these requirements.

CalRecycle adopted regulations in late 2020, which include the ability to enforce regulations.CalRecycle’s actions may include conducting more frequent inspections, taking over direct enforcement on non-compliant businesses within the City, establishing a schedule for City compliance and a probationary period (requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law), and/or seeking administrative penalties against the City of up to $10,000 per day.On January 18, 2022, the City Council authorized the City Manager to execute the amendment to the Franchise and Lease Agreement with CR&R to expand their services inaccordance with implementation of SB 1383. At the time the amendment was approved by theCity Council, City Staff and CR&R were working cooperatively to submit a Low Population Wavier to CalRecycle that would alleviate some of the requirements associated with organic waste collection as required by SB 1383.

Per City Council direction, CR&R’s timeline for the mobilization regarding implementing the SB 1383 regulations was extended to December 31, 2022 so the City had more time to determine if its Low Population waiver would be approved by CalRecycle.

On February 18, 2022 the City and CR&R submitted a Low Population Waiver to CalRecycle. At the time this report was authored the City had not yet received confirmation if the waiver was approved.Senate Bill 619 (SB 619) was introduced into law on October 5, 2021 and provides relief for municipalities and other jurisdictions that mean to comply with SB 1383, but need more time forimplementation. SB 619 requires entities to submit to CalRecycle a resolution adopted by City Council providing notification of intent to comply with SB 1383 as well as an application thatoutlines the current areas of non-compliance. The filing deadline for this relief is March 1, 2022.

By submitting the proposed resolution and application, fines for any violations that occur during the 2022 or 2023 calendar year may be forgiven.

City Staff recommend adopting a resolution and submitting an application to CalRecycle asoutlined in SB 619 as a cautionary measure to ensure the City will not be subject to fines if the Low Population Waiver is not approved.

GOAL ALIGNMENT: City infrastructure and compliance with State regulations.

FISCAL IMPACTS: Administrative penalties against the City for noncompliance can reach up to $10,000 per day.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City’s Low Population Waiver is not approved, the City may be out of compliance for enforcing SB 1383 and could be subject to enforcement actions by CalRecycle (the regulatory authority to achieve the organic waste disposal reduction targets), including administrative penalties against the City of up to $10,000 per day.

FOLLOW UP ACTION: Implement City Council decision.

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

ATTACHMENTS:
- Resolution- CaiRecycle SB 619 Notification of Intent to Comply Application RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVALON AUTHORIZING SUBMITTAL OF ANOTIFICATION OF iNTENT TO COMPLY WITH THE SENATE BILL 1383 REGULATIONS
WHEREAS, the California Department of Resources Recycling and Recovery (“CalRecyele”), adopted regulations to implement Senate Bill 1383 (Lara. Statutes of 2016)(“SB 1383 Regulations”). to achieve the organic waste reduction goals established in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025 and WHEREAS. the City of Avalon (“City”) is a local jurisdiction required to comply with the SB 1383 Regulations: and
WHEREAS. the Cit’. is or expects to he facing continuing violations of the SB 1383 Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird. Statutes of 2021). amended Public Resources Code Section 42652.5. created a mechanism called a Notification of Intent to Comply through which alocal jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year and maybe eligible for a broader and longerterm regulatory compliance path, including suspended administrative civil penalties. through a contetive action plan: and
WHEREAS. the City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval: and
WHEREAS. CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of SB 619.

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

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

Section 2. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit “A” and authorizes and directs the City Clerk to submit the Notification of Intent to Comply to CaiRecycle for approval.

Section 3. By submitting the Notification of Intent to Comply pursuant to SB 619. the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with SB 619 and the SB 1383 Regulations.

Section 4. The City agrees to comply with any maximum compliance deadline in any corrective action plan that CaiRecycle determines to be necessary and appropriate under thecircumstances for the correction of any violation(s) of the SB 1383 Regulations identified in its Notification of Intent to Comply.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City ofAvalon on this day of
by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

City of Avalon
Ann II. Marshall, Mayor
ATTEST:Denise A. Radde, City ClerkAPPROVED AS TO FORM:

Scott H. Campbell
Best Best & Krieger
Exhibit
A
Notification of Intent to Comply
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes ofsubmitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CaiRecycle no later than March 1, 2022, to NOlCäCalRecycIe.ca.gov.

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or tinieline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

Please clearly print or tyDe responses. Attach additional pages as necessary.

Jurisdiction Name: County:

Person Completing the Form:

First Name: Last Name:
1W e:

Mailing Address:

City: Zip Code:

Email Address:Phone Number:

1. Select using the check boxes below or
regulatory section. For each selection,regulatory section. 14 CCR section 18984.1 Three-Container Organic Waste Collection Services I. Not implementing mandatory residential foodwaste collection for all residents. Note:

City a/ready provides mandatory greenwaste collect/on to all residents ii. Not implementing mandatory commercial organ/cs collect/on for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collectionto all businesses 2 cub/c yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. 18984.1 Three-Container Organic Waste Coflection Services 18984.2 Two-Container Organic Waste Collection Services18984.3 Unsegregated Single Container Collection Services 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
18984.5 Container Contamination Minimization
18984.6 Recordkeeping Requirements for Container Contamination Minimization
18984.7 Container Color Requirements
18984.8 Container Labeling Requirements
Waivers Granted by a Jurisdiction
Organic Waste Recovery Education and Outreach.

Edible Food Recovery Education and Outreach
Recordkeeping Requirements for a Jurisdiction’s
Education and Outreach Requirements
Jurisdiction Approval of Haulers and Self-Haulers
Self-haulers of Organic Waste
Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
18989.1. CALGreen Building Codes
18989.2 Model Water Efficient Landscape Ordinance
Example:

IZ (B)
write in the continuing violations for each applicable
please describe the specific violations related to the

LI (B)LI(C) LI(D)LI (E)
14 CCR section
14 CCR section14 CCR section
14 CCR section
LI (F) 14LI (G) 14
CCR section
CCR section
LI (H) 14 CCR sectionLI (I) 14 CCR section
LI (J) 14 CCR sectionLI (K) 14 CCR sectionLI (L) 14 CCR section LI (M) 14 CCR section
18984.11
18985.1.
18985.2.
18985.3.
18988.1.
18988.3.
18988.4.

LI (N) 14LI (0) 14LI (P) 14
CCR
CCR
CCR
section
section
section
section
section
LI (Q) 14 CCRLI (R) 14 CCR
Compliance with
H (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program H (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
H (U) 14 OCR section 18992.1. Organic Waste Recycling Capacity PlanningH (V) 14 CCR section 18992.2. Edible Food Recovery CapacityH (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement TargetH (X) 14 OCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
H (Y) 14 OCR section 18993.3. Recycled Content Paper Procurement RequirementsH (Z) 14 OCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(.AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CaiRe cycle.

H(BB) 140CR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a) (1) should not be included because a jurisdiction should already becompleting this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
H (CC) 14 OCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigatecomplaints.

H (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) notreflected above and describe the specific violations related to the regulatory section.

Example:
l (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section H(1)
H(2)H(3)
H(4)H(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

3. A description of the impacts of the CDVI D-19 pandemic on compliance.4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

I hereby certify under penalty of perjury that the information provided herein is true and correct to thebest of my knowledge.

Signature Printed Name Title pate
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:TASK 2: Date to be completed:TASK 3: Date to be completed:

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:TASK 2: Date to be completed:

Add Attachment

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection ServicesDescription: Not implementing mandatory residential foodwaste collection for all residents. Note:City already provides mandatory greenwaste collection to all residents Action Proposed Schedule -_______
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/7/2022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:accept mixed organic waste. 4/14/2022 Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:collection routes 4/21/2022TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022obtain monthly reports from the hauler to monitor full distributionof carts.

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1,2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: 1LUIX
PREPARED BY: Gabrielle Morones, Deputy City Clerk/Sr. Admin. AssistantSUBJECT: Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Ann H. Marshall as the City of Avalon voting delegate and Councilmember Michael Ponce as the alternate delegate for the Annual Southern California Association of Governments Regional Conference and General Assembly in May 2022.

REPORT SUMMARY: The Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Springs, CA from May 5-6! 2022.

Nearly 1,000 of Southern California’s most influential leaders and innovators will attend, including local elected officials, business and civic leaders, transportation and environmental stakeholders, local government staff and others.

The City’s voting delegate will vote on agenda items pertaining to the General Assembly Business Meeting.GOAL ALIGNMENT: Professional development.

FISCAL IMPACTS: Funds will be placed in Account #10110-5510 of F’? 2021-2022 Budget to attend the conference.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have designated representatives.

FOLLOW UP ACTION: Implement City Council Direction.

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

ATTACHMENTS: Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPOINTING A VOTING DELEGATE AND AN ALTERNATE DELEGATE TO THE 2022 ANNUAL SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

REGIONAL CONFERENCE AND GENERAL ASSEMBLY
WHEREAS, the Annual Southern California Association of Governments Regional Conference and General Assembly will be held in Palm Desert, CA on May 5-6, 2022.

WHEREAS, traditionally. the Mayor has been appointed to be the City of Avalons voting delegate; and
WHEREAS, the voting delegate will vote on agenda items pertaining to the General Assembly — Business Meeting; and
WHEREAS, the voting delegate will also have the opportunity to bring any policy matter in the form of a proposed resolution or proposed SCAG bylaw resolution before the General Assembly for determination; and
WHEREAS, the Mayor, will be attending the Annual Southern California Association of Governments Regional Conference and General Assembly and be available to represent theCity of Avalon.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon hereby resolves as follows:

The Mayor Ann H. Marshall shall be the City of Avalon’s voting delegate and Councilmember Michael Ponce as the alternate voting delegate.

PASSED, APPROVED AND ADOPTED on the 1st day of March, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:ABSENT:

Ann H. Marshall, Mayor
ATTEST;
Gabrielle Morones, Deputy City Clerk / Sr. Admin. Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1,2022 AGENDA ITEM: 1
ORIGINATING DEP: Planning CITY MANAGER:

PREPARED BY: Susanna Gutierrez, Assistant Planner
SUBJECT: First Reading of Zoning Ordinance Amendment ZOA 22-01 which Amends the Avalon Municipal Code to Regulate SB 9 Urban Lot Splits and Two-Unit Projects and Finds the Ordinance to be Exempt from CEQA
RECOMMENDED ACTION(S):

1. Find the Ordinance exempt from the California Environmental Quality Act (“CEQA”) pursuantto: (1) Section 15358 of the CEQA Guidelines because itwill not result in a director reasonably foreseeable indirect physical change in the environment; (2) Section 15061 (b)(3) of the CEQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environment; and (3) Government Code sections 65852.21(j) and 66411.7(n), which provide that adoption of an ordinance implementingthe provisions of Government Code sections 66411.7 and 65852.21 (i.e., SB 9) is statutorily exempt from CEQA.

2. Introduce and waive all further readings of an ordinance of the City of Avalon amending the Avalon Municipal Code to add Section 9-2.10 and Article 7 to Chapter 9-5 regarding SB 9 urban lot splits and two- unit projects.

REPORT SUMMARY: The California legislature recently passed, and Governor Newsom signed into law, Senate Bill 9 (SB 9’). SB 9 took effect on January 1, 2022 and requires theCity to both: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1.200 sf and (2) allow any lot in a single-family residential zone to be developed with up to two single-family primary dwellings. SB 9 requires the City to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review,conditions, or a hearing). Property owners can also utilize both of SB 9’s provisions, meaning that an SB 9 lot split may be followed with an SB 9 two-unit project on each of the two new lots, resulting in four total dwellings on what was formerly one single-family residential lot — all with only ministerial approval.SB 9 supplants local zoning ordinances and only allows cities to impose certain objective criteria for projects covered by SB 9. The proposed Zoning Ordinance incorporates the state mandated changes but also creates certain objective standards by which such projects may beconsidered. Most important to the City, applicants for such units will generally not have to process their developments through the Planning Commission. The proposed Zoning Ordinance Amendment ZOA 22-01 (attached as Attachment 1 and referred to herein as the“Ordinance”) implements SB 9 by adding Section 9-2.10 to the City’s Subdivision title (to address urban lot splits), and Article 7 to Chapter 9-5 of the City’s Zoning title (to address twounit projects). The Ordinance will apply in the LU (Low Density Residential and Low Intensity Recreational) zone.

OwnerlApplicant: City of Avalon
Location of Project: City-wide: Applicable regulations in LD (Low Density Residential and Low Intensity Recreational)
PC #: 2776 (approved Jan 19, 2022)
Discussion:

SB 9 allows cities to impose objective zoning, subdivision, and design standards (collectively objective development standards”) on covered lot splits and two-unit projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit).

Generally, the proposed Ordinance is written to allow the City to exercise as much local controlover SB 9 projects as state law allows. Among other things, the Ordinance includes regulations governing the following:
• Location (LU [Low Density Residential and Low Intensity Recreational] zones; not in sensitive, dangerous, historic areas; not on rental property (within last 3 years)) • Lot Size (2,400 Sf mm to split; 1.200 sf mm for resulting)• Lot Access (adjoin ROW)• Unit Size (800 sf max / du) • Setbacks (normal, except as necessary to allow two units at 800 sf each; but no less than 4 feet side and rear)
• Use (residential-only, no short-term rental)• Parking (one space, unless exempt by statute)• Owner occupancy (three-year minimum on urban splits; permanent on two-unit projects)• Architecture (must match other dwelling or dwellings on property; no direct lines of sight)• Landscaping (limits on tree removal: required screening)• Utilities (direct connections to service providers; all underground) • Separate Conveyance Within a Lot (prohibited: no condos, no timeshares or separateuse co-ownerships)• Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects)
If the Council does not adopt the Ordinance, then the City would be limited to applying the State mandates and the City’s existing objective development standards — which did not anticipateand were not enacted with ministerially-approved lot splits and two-unit projects in mind.

Approving such projects based solely on the States mandates and the City’s existing standards would, among other things, threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety as many of the City standards wouldbe supplanted by the State’s mandates.

As noted above, the proposed Ordinance retains as much local control as possible under these new State imposed mandates. Examples include the following:
• SB 9 does not contain standards governing architecture, landscaping, or fire hazard mitigation measures. The Ordinance imposes City-specific architecture, landscaping, and fire hazard mitigation measures on SB 9 projects in the City. 1 • SB 9 does not specifically regulate height; any height limit must be imposed by the local agency. The Ordinance provides that new SB 9-mandated primary dwelling units aresubject to the LD zone’s height restrictions (LD zones are the only areas where SB 9 projects are allowed in the City). 2
• SB 9 generally allows—but does not require—local agencies to impose their standard setback requirements on SB 9 projects. The Ordinance imposes the LD zone’s setback requirements on SB 9 projects, subject only to the limited instances where SB 9 requires otherwise.

Previous Review:

The Ordinance was considered by the Planning Commission at a duly noticed public hearing held on January 1gth, 2022. Following the hearing, the Planning Commission approved Resolution No. 22-04 and recommended that the City Council approve and adopt the Ordinance (see Attachment 2).

Following the January 1gth Planning Commission meeting, a minor amendment to the Ordinance’s fire hazard mitigation measures—which applies to SB 9 projects on lots in designated very high fire hazard severity zones — was added to protect the public health andsafety. That minor change is below:
“Fire Hazard Mitigation Measures4
A. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public street right-of-way with a paved street with a width of at least 40 20 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. . . . “P
Ongoing discussions between the City’s department heads and the City Attorney’s office havealso clarified the following with respect to SB 9 projects in the City:
• Development Impact Fees can be imposed in full on SB 9 projects. ‘Reflected in Ordinance Sections 10(F), 10(0), and 11(A) for Urban Lot Splits and 6(G), 6(H), and 7(A) for TwoUnit Projects 2 Reflected in Ordinance Sections 10(0) for Urban Lot Splits and 6(C) for Two-unit Projects Reflected in Ordinance Sections 10(D) for Urban Lot Splits and 6(E) for Two-Unit ProjectsReflected in Ordinance Sections 11 (A)(i) for Urban Lot Splits and 7(A)(i) for Two-Unit Projects • The City may deny an SB 9 application if the Building Official finds that a project would have a specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Such a finding may be based on a lack of water or water infrastructure, depending on the circumstances of the proposed development. • In accordance with SB 9, the Ordinance requires 1 off-street parking space per unit— which could result in 4 new parking spaces. The Council may wish to consider revisingthe City’s vehicle permit regulations, which are set forth in Title 4 of the Avalon Municipal Code (see Article 17 — Registration of Vehicles). Any adjustments to the City’s vehicle permit regulations is a policy call for the City that should be effectuated via a separate ordinance that amends the provisions of Title 4.

Environmental Review:

Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, staff has determined the project exempt from further environmental review pursuant to: (1) Section 15358 of the CEQA Guidelines because it will not result in a direct or reasonablyforeseeable indirect physical change in the environment; (2) Section 15061(b)(3) of the CEQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environment; and (3) Government Code sections 65852.21 (j) and 66411.7(n), which provide that adoption of an ordinance implementing the provisions of Government Code sections 66411.7and 65852.21 (i.e., SB 9) is statutorily exempt from CEQA.

GOAL ALIGNMENT: Compliance with State regulations while maintaining as much local control as possible.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would be limited to applying the State mandates and the City’s existing objective development standards.

Approving such projects based solely on the States mandates and the City’s existing standards would, among other things, threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety as many of the City standards wouldbe supplanted by the State’s mandates.

FOLLOW tiP ACTION: Implement City Council decision.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act and public noticing requirements published in the Catalina Islander.

ATTACHMENTS:
1) Ordinance
i. Exhibit A: WA 22-01
2) Planning Commission Resolution No. 22-04
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA ADDING SECTION 9-2.10 AND ARTICLE 7 TOCHAPTER 9-5 TO THE AVALON MUNICIPAL CODE REGARDING SB9 URBAN LOT SPLITS AND TWO-UNIT PROJECTS ANDDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, in 2021. the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”). which among other things. adds Government Code section 65852.21 and 6641 1.7 to impose new limits on local authority to regulate urban lot splits and two—unit projects; and WHEREAS, SB 9 a]lows local agencies to adopt objcctive design, development, and subdivision standards for urban lot splits and two-unit projects: and WHEREAS, SB 9 went into effect on January 1. 2022 and preempts any conflicting local ordinance: and
WHEREAS, the City of Avalon (“City”) has engaged in ongoing internal discussions and analysis concerning necessary aniendments to the Avalon Municipal Code (“AMC”) to comply with SB 9; and WHEREAS, the proposed ordinance attached hereto as Exhibit “A” (the “Ordinance”) amends the AMC to add various objective development standards for SB 9 lot splits and two-unit projects: and WHEREAS, after a duly-noticed public hearing held on January 19”. 2022. the Planning Commission voted to forward a recommendation to the City Council recommending that the Counciladopt the Ordinance: and WHEREAS. on March 1. 2022. the City Council held a duly-noticed public hearing on the Ordinance, at which all those in attendance were given the opportunity to speak on the Ordinance: and WHEREAS. the Cit Council has considered the Planning Commission’s recommendation. the staff report and supporting documents, public teslimon’, and all appropriate information that has beensubmitted with the Ordinance: and WHEREAS. all legal prerequisites to the adoption of the Ordinance have occun’ed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings.

Section 2. The City Council finds that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 of the CEQA Guidelines (Calitbrnia Code of Regulations, Title 14, Chapter 3) because it will not result in a direct or reasonablyforeseeable indirect physical change in the environment. Moreover, the City Council findsthat this Ordinance is exempt from CEQA pursuant to Section 15061(h)(3) of the CEQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environment. Finally, the Ordinance is statutorily exempt from CEQA pursuant to California Government Code sections 65852.21(j) and 66411,7(n). which provide that theadoption of an ordinance by a city or county implementing the provisions of GovernmentCode sections 66411.7 and 65852.21 (i.e., SB 9) is statutorily exempt from CEQA.

Section 3. Based on the entire record before the City Council, and all written and oral evidcnce presented, the City Council hereby finds that the Ordinanc&s amendments to the AvalonMunicipal Code are consistent with the City’s adopted General Plan, except to the extent that SB 9 precludes consistency, for the reasons set forth below:

1. General Plan “General Land Use” PoLicy No. Il-I provides, in part. that the City’s Zoning Ordinance and residential design standards should he used to guide the character of development and ensure compatibilit\ with existing residential uses.To the extent permitted by SB 9. this Ordinance imposes objective dcvclopment standards on two types of residential development projects: tirhan lot splits and two— unit projects. Such standards include regulations governing unit size, height. setbacks. parking. and utilities. Collectively, these residential developmentstandards are intended to facilitate compatibility between the character of the City’s existing residential uses and SB 9 projects—which State law requires the City toallow. For these reasons, the Ordinance is consistent with General Plan “GeneralLand Use” Policy 11-1.

2. Within the “Goals” provided in the General Plans Safety Element is the desire that the potential for loss of life, physical injury, property damage. and social disruption from fires be minimized. The Ordinance is consistent with this Goal as it contains numerous measures to mitigate the increased risk of fire hazards resulting from SB 9 (e.g., SB 9 projects in very high fire hazard severity zones are prohibited unless the project complies with all fire hazard mitigation measures required by existing fire and building code standards).

3. General Plan Safety Element Policy No. VIE-I provides that new building construction should conform to the latest standards of seismic design. The Ordinance is consistent with Safety Element Policy No. Vll-l as it prohibits SB 9 projects within a delineated earthquake fault zone unless all development on the site complies with applicablc seismic protection building code standards.

Section 4. The Avalon Municipal Code is hereby amended as set forh in Exhibit “A” hereto, incorporated herein by this reference.

Section 5. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof to be published and/or postedin the manner required by law.

Section 6. This Ordinance shall take effect and be in full force 30 days after its adoption.Section 7. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to he severable.

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

AYES:

NOES:ABSENT:

ABSTAIN:

City of AvalonAnn H. Mashall, Mayor
ATTEST:

Denise A. Radde. City ClerkAPPROVED AS TO FORM:

Scott H. Campbell
Best Best & Krieger
EXHIBIT “A” ZOA 22-01
(SB 9 Code Amendments)
SECTION 1. SB 9 URBAN LOT SPLITS. Section 9-2.10 is hereby added to Chapter 9-2 (Subdivisions) of Title 9 (Planning and Zoning) of the Avalon Municipal Code and shall read in its entiretyas follows:
“Section 9-2.10 SB 9 Urban Lot Splits(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
(b) Definition. An “urban lot split” means the subdivision of an existing. legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1) Owners.
(A) Only individual property owners may apply for an urban lot split. “Individual property- owner” means a natural person holding fee title individually or jointly in the persons own name or a beneficiary ofa trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership. LP. LLC. C corp. S corp. etc.) except for a community land trust (asdefined by Rev. & Tax Code § 402.1(a)(l 1 )(C)(ii)) or a qualified nonprofit corporation (as defined b’. § 214.15).
(B) Any person with a mortgage interest in the lot to he split under this section must sign the application and the parcel map indicating the perso&s consent to the projcct.
(2) An application for an urban lot split must he submitted on the cit s approved thrm, Only a complete application will be considered. The city will inform the applicant in writing ofany incompleteness within 30 days after the application is submitted. (3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the planning director, or their designee, without discretionary review. (2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates thatthe required documents have been recorded, such as the deed restriction and easements. (3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing therequirements of this code. (e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Go’. Code § 66410 et. seq.. “SMA”) and implementing requirements in this code, except as otherwise expressly provided in this section. (B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section. or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to anaction for damages or to void the deed. sale, or contract. (ii) The city has all the remedies available to it under the SMA, including hut not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable. or summary remedy, such as declaratory and ml unctive relief
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $l0.000. or both;or a misdemeanor. (IV) Record a notice of violation.(V) Withhold any or all future permits and approvals. (C) Notwithstanding section 66411.1 of the SMA. no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split. (2) Zone. The lot to be split is in the LD (Low Density Residential and Low Intensity Recreational) zone.
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland. farmland of statewide importance. or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and buildingcode standards. (iv) A hazardous waste site that has not been cleared for residential use.(v) Within a delineated earthquake fault zone. unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local
jurisdiction, or
(II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan. habitat conservation plan. or other adopted naturalresource protection plan. (ix) Habitat for protected species.(x) Land under conservation easement. (B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 659 13.4(a)(6)(B)—(K). (See Gov. Code § 6641 l.7(a)(3)(C).)
(C) The applicant must provide evidence that the requirements of Government Code section 6591 3.4(a)(6)(B)—{K) are satisfied.
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot he orbe within a site that is designated by ordinance as a city or county landmark or as ahistoric property or district. (5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The Lot to he split is not adjacent to an’ lot that was established through a prior urban lot split by the owner of the lot to he split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing.
(A) The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

U) Housing that is income-restricted for households of moderate. low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) Housing. or a lot that used to have housing. that has been withdrawn from rental or lease under the Ellis Act (Gov. Code § 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application. (iv) Housing that has been occupied by a tenant in the last three years. (B) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart (e)(6)cA above is satisfied.
(i) The sworn statement must state that:
(I) No housing that is income-restricted for households of moderate. low, or very low income will be demolished or altered.
(II) No housing that is subject to any form of rent or price control will be demolished or altered.
(III) No housing that has been withdrawn from rental or lease under the Ellis Act at any timc in the last 15 years will be demolished or altered.
(LV) No housing that has been occupied by a tenant in the last three years will he demolished or altered.
(ii) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement. including hut not limited to. surveying owners of nearby properties; and the city may require additional evidenceof the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2.400 square feet.(B) The resulting lots must each be at least I .200 square feet.(C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map.(C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the propertybefore the final map may he approved, in accordance with subpart (d)(2) above. (D) If an easement is recorded and the project is not completed. making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (9) Lot Access.
(A) Each resulting lot must adjoin a public street right-of-way.(B) Each resulting lot must have frontage on the public street right-of-way of at least

12.5 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unif’ means anydwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 9-5.70 1 of this code, an ADU. or a JADU. (B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be(I) less than or equal to 800 square feel and(II) more than 500 square feet. (ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area atthe time of the urban lot split. It may not be expanded. (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 squarefeet after the urban lot split. (C) Height Restrictions. New primary dwelling units are governed by the height restriction imposed by the underlying zone. This height restriction shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet infloor area. (D) Setbacks.
(i) Generally. All setbacks must conform to ihose objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)( 1OXD)(i) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed inthe same location and to the same dimensions as an existing legallyestablished structure. (Il) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoidphysically precluding the construction of up to two units on the lotor either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feetfrom a side or rear property line. (ill) Front Setback Area. Notwithstanding any other pail of this code. dwellings that are constructed after an urban lot split must be at least 10 feet from the front property lines. The front setback areas must:
(I) be kept free from all structures greater than three feet high:(II) be at least 50 percent landscaped with drought-tolerant plants. with vegetation and irrigation plans approved by a licensed landscape architect:
(Ill) allow for vehicular and fire-safety access to the front strlLctllre. (F) Parking. Each new primary dwelling unit that is built on a lot aller an urban lot split must havc at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half ntile walking distance of either (I) a conidor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station.
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic’) the intersection of two or more inalor bits routes with a frequency of service interval of 15 minutes or less duringthe morning and afternoon peak commute periods. (ii) The site is located within one block ofa car-share vehicle location. (F) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existingprimary dwelling unit in exterior materials, color, and dominant roof pitch.The dominant roof slope is the slope shared by the largest portion of theroof. (ii) If there is no legal primary dwelling on the lot beforc the urban lot split, and if two primary dwellings are developed on the lot, the dwellings mustmatch each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof (iii) All exterior lighting must be limited to down-lights, (G) Landscaping.
(i) Tree Removal.
(1) No mature tree may be removed on a lot with any development under this chapter unless removal is necessary to construct adwelling unit that must be allowed tinder state law. (II) Mature tree’ means a tree with a diameter of six inches or more or a height of eight feet or taller.
(III) A tree may only be removed under subparagraph (e)(lO)(G)(i)(I) above if ii is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
(IV) If a certificd arhorist determines that there is not space on the lot for a replacement tree that is required under subparagraph(e)(IO)(G)(i)(III) above, owner may pay the replacement cost ofthe tree. (ii) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:(I) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch boxsize plant shall be provided for every ten linear feet of exteriorwall. (II) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may beinstalled. (III) All landscaping must be drought-tolerant.
(H) Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.
(I) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph (e)(10)(l)(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connectedto an onsite wastewater treatment system must first have a percolation testcompleted within the last five years or, if the percolation test has beenrecertified, within the last 10 years. (iii) All utilities must be underground.
(J) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:(i) It must have direct access to a public street right-of-way with a paved street with a width of at least 20 feet. The public street right-of-way must have at least two independent points of access for fire and life safety toaccess and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite firehydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authorityapproved hookups compatible with fire-authority standard pump and hoseequipment. (B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(1 1). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay thecity’s costs for inspection. Failure to pay is grounds for denying the application. (12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(iv) No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right toexclusive use of the property for a defined period or periods of time. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structurcs (such as garages) on different lots are adjacent orattached to each other, the urban lot split boundary may separate them forconveyance purposes if the structures meet building code safety standards and aresufficient to allow separate conveyance. If any attached structures span or willspan the new lot line, the ow-ncr must record appropriate CC&Rs. easements, orother documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
(13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented foraperiod of less than 30 days.
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of theresulting lots as the applicant’s principal residence for a minimum of three yearsafter the urban lot split is approved. (14) Notice of Construction.
(A) At least 30 business days before starting any construction ofa structure on a lot created by an urban lot split, the property owner must give wTitten notice to all the owners of record of each of the adiacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized.
(ii) The anticipated start and end dates for construction. (iii) The hours of construction.(iv) Contact information for the project manager (for construction-related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval isministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promoteneighborhood awareness and expectation. (15) Deed Restriction. The owner must record a deed restHetion on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C’) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(0) States that:
(i) The lot is formed by an urban lot split and is therefore subject to the city’s urban lot-split regulations. including all applicable limits on dwelling size and development.
(ii) Development on the lot is limited to development of residential units under section 9-5.701 of this code, except as required by state law. (f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderanceof the evidence, that the project would have a “specific, adverse impact” on either publichealth and safety or on the physical environment and for which there is no feasiblemethod to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Soy. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact. based on objective, identifiedwritten public health or safety standards, policies, or conditions as they existed on thedate the application was deemed complete” and does not include (1) inconsistency withthe zoning ordinance or general plan land use designation or (2) the eligibility to claim awelfare exemption under Revenue and Taxation Code section 214(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific. adverse impact. (g) Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.”
SECTION 2. SB 9 TWO-UNIT PROJECTS. Chapter 9-5 (Residential Zones) of Title 9 (Planning and Zoning) of the Avalon Municipal Code is hereby amended to add a new Section 9-5.701(SB 9 Two-Unit Projects), tich shall be contained in the new Article 7 (SB 9 Two-Unit Projects), and read in its entirety as follows:
“Article 11 (SB9 Two-Unit Projects)Section 9-5.701 SB 9 Two-unit Projects(a) Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
(b) Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section. (c) Application.
(1) Owners.
(A) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly inthe person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership. LP, LLC, C corp, S corp. etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(j l)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).
(B) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the persons consent to theproject. (2) An application for a two-unit project must be submitted on the city’s approved form. (3) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with theapplication. (4) Only a complete application will be considered. The city i11 inform the applicant in writing of any incompleteness within 30 day’s after the application is submitted, (5) The city may establish a fee to recover its costs for adopting. implementing. and enforcing this section of the code. in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must he paid with the application.
(d) Approval.
(1) An application for a two-unit project is approved or denied ministerially, by the planning director, or their designee. without discretionary review. (2) The ministerial approval of a two—unit project does not take effect until the city has confirmed that the required documents have been recorded. such as the deed restrictionand easements. (3) The approval must reqture the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing therequirements of this code. (e) Requirements. A two-unit project must satisfy each of the following requirements:
() Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in the LD (Low Density Residential and Low Intensity Recreational) zone.
(3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance. or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland.(iii) Within a very high fire hazard severity zone, unless the site complies with all lire-hazard mitigation measures required by existing fire and buildingcode standards. (iv) A hazardous waste site that has not been cleared for residential use.(v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area. unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local
jurisdiction, or
(11) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of’ theNational Flood Insurance Program. (vii) Within a regulatory floodway, unless all dcvelopmcnt on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan. habitat conservation plan. or othcr adopted natural resource protection plan.
(ix) Habitat for protected species.(x) Land under conservation easement. (B) The ptirposc of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4( )(6)( )—(K). (See Gov. Code 6641 l.7(a)(3)(C).)
(C) The applicant must provide evidence that the requirements of Government Code section 65913 .4(a)(6)(B)—(K) are satisfied.
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot he or be within a site that is designated by ordinance as a city or county landmark or as a historic p’opert ordistrict. (5) No Impact on Protected Housing.
(A) The two-unit project must not require or include the demolition or alteration of any of the following types of housing:(i) Housing that is income-restricted for households of moderate. low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) Housing, or a lot that used to have housing. that has been withdrawn from rental or lease under the Ellis Act (Gov. Code § 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application. (iv) Housing that has been occupied by a tenant in the last three years. (B) As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart (e)(5)(A) above is satisfied.
(i) The sworn statement must state that:
(I) No housing that is income-restricted for households of moderate, low, or very low income will he demolished or altered.
(TI) No housing that is subject to any form of rent or price control will be demolished or altered.
(III) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(IV) No housing that has been occupied by a tenant in the last three ‘ears will be demolished or altered.
(ii) The city- may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including hut not limited to. surveying owners of nearby properties; and the city may require additional evidenceof the applicant and owner as necessary to determine compliance with this requirement.
(6) Unit Standards.
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph. “unit”means any dwelling unit. including, but not limited to, a primary dwellingunit, a unit created under this section of this code. an ADU, or a JADU. (ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed understate law and the city’s ADU ordinance. (B) Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(I) less than or equal to 800 square feet and(II) more than 500 square feet. (ii) A primary dwelling that was legally established on the lot prior to the twounit project and that is larger than 800 square feet is limited to the luwfLLl floor area at the time of the two—unit project. The unit may not he expanded. -
(iii) A primary dwelling that was ]egally established prior to the two-unit project and that is smaller than 800 square feet may he expanded to 800square feet afler or as part of the two-unit project. (C) Height Restrictions. New primary dwelling units are governed by the height restriction imposed by the underlying zone. This height restriction shall yield tothe degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area.
(D) Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
(E) Setbacks.
(i) Generally. All setbacks must confon to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (eH6)(E) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed iii the same location and to the same dimensions as an existing legallyestablished structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by Ihe underlying zone must yield to the degree ncccssarv to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area: but in no event may any structure be less than four fectfrom a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code. dwellings that are constructed under this section must be at least 10 feetfrom the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought-tolerant plants. with vegetation and irrigation plans approved by a licensed landscape architect:
(Ill) allow for vehicular and tire-safety access to the front structure. (F) Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(11) a site that contains
(ia) an existing rail or bus rapid transit station.(ib) a ferry terminal served by either a bus or rail transit service. or
(ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less duringthe morning and afternoon peak commute periods. (ii) The site is located within one block of a ear-share vehicle location. (0) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the two—unit project, any new primary dwelling unit must match theexisting primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof
(ii) If there is no legal primary dwelling on the lot before the two-unit project. and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof (iii) All exterior lighting must be limited to down—lights. (H) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall beprovided for every ten linear feet of exterior wall. (ii) Plant specimens must he at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (iii) All landscaping must be drought-tolerant.
(I) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph (e)(6)(l)(i) above, a primary dwelling unit may have a direct utility coirnection to an onsite waste\\:ater treatment systemin accordance with ihis paragraph and the city’s code, Each primary dwelling unit on the lot that is or that is proposed to be connected to anonsite wastewater treatment system must first have a percolation testcompleted within the last five years or, if the percolation test has beenrecertified, within the last 10 years. (iii) All utilities must be underground.
(J) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code. (7) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following lire—hazard mitigation measures:
(i) It must have direct access to a public street right-of-way with a paved street with a width of at least 20 feet. The public street right-of-way must have at least two independent points of access for fire and life safety toaccess and for residents to evacuate, (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must he within a I 50-ihot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir ofat least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(7). The city or its authori7ed agent must inspectthe site, including all structures on the site, and certify as to its compliance. The certificate must he included with the application. The applicant mLlst pay thc city’s costs for inspection. Failure to pay is grounds for denying the application. (8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments arc not permitted ithin the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) No timeshare, as defined by state law or this code, is permitted. [his includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot.(B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of thedwellings on the lot as the owners’ principal residence and legal domicile. (10) Notice of Construction.
(A) At least 30 business days before starting any construction of a two-unit project. the property owner must give written notice to all the oxners of record of each ofthe adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized.
(ii) The anticipated stail and end dates for construction. (iii) The hours of construction,
(iv) Contact information for the project manager (for construction-related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval isministerial. Under state law, the City has no discretion in approving or denying aparticular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(II) Deed Restriction. The owner must record a deed restriction, on a form approved by the cit’. that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot.(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If thc lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
(E) Limits development of the lot to residential units that comply with the requirements of this section. except as required by state law. (1) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section. the city may deny an application for a two— unit project if the building official makes a written finding, based on a preponderance ofthe evidence, that the project would have a “specific. adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable. direct. and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim awelfare exemption under Revenue and taxation Code section 24(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific. adverse impact. (g) Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act,
(h) Remedies.

If a two-unit project violates any part of this code or any other legal requirement:(I) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.(B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief
(C) Pursue criminal prosecution. punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000. or both; or a misdemeanor. (D) Record a notice of violation.(F) Withhold any or all future permits and approva’s.(F) Pursue all other administrative, legal. or equitable remedies that are allowed by law or the city’s code.”

PLANNING COMMISSION
January 19, 2022
STAFF REPORT — PC# 2776
Item No. 4— Public HearingProject Title: Adoption of an Ordinance Amending the Avalon Municipal Code toRegulate SB9 Urban Lot Splits and Two-Unit Projects and Finding the Ordinance to beExempt from CEQASubmitted by: Susanna Guticrrez, Assistant PlannerBACKGROUNDProject Description:The proposed Zoning Ordinance Amendment ZOA 22-01 (the “Ordinance”) implements SenateBill 9 by adding Section 9-2.10 to the City’s Subdivision title (to address urban lot splits), andArticle 7 to Chapter 9-5of the City’s Zoning title (to address two-unit projects). The Ordinancewill apply in the LD (Low Density Residential and Low Intensity Recreational) zone. Staffs’recommended action is for the Planning Commission to adopt a resolution recommending that the City Council adopt the Ordinance. Adoption of the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to: (1) Section 15358 of thc CEQA Guidelinesbecause it will not result in a direct or reasonably foreseeable indirect physical change in theenvironment; (2) Section 15061(b)(3) of the CEQA Guidelines as there is no possibility that thisactivity will have a significant adverse effect on the environment; and (3) Government Code sections 65852.21 (j) and 66411.7(n). which provide that adoption of an ordinance implementing the provisions of Government Code sections 66411.7 and 65852.21 (i.e., SB 9) is statutorilyexempt from CEQA.

Owner/Applicant: City of AvalonLocation of Project: LD (Low Density Residential and Low Intensity Recreational) zonePC #: 2776 The California legislature recently passed, and Governor Newsom signed into law, Senate Bill 9 (“SB 9”). SB 9 took effect on January 1, 2022 and requires the City to both: (1) allow any lot ina single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 sf and (2) allow any lot in a single-family residential zone to be developed with up to two single-family primary dwellings. SB 9 requires the City to approve eligible lot splits and two-unitprojects ministerially (i.e., without discretionary review-, conditions, or a hearing). Propertyowners can also utilize both of SB 9’s provisions, meaning that an SB 9 lot split may be followedwith an SB 9 two-unit project on each of the two new lots, resulting in four total dwellings onwhat was formerly one single-family residential lot — all with only ministerial approval.

DISCUSSION
SB 9 allows cities to impose objective zoning, subdivision, and design standards (collectively “objective development standards”) on covered lot splits and two-unit projects. An objectivestandard is a regulation that does not involve personal or subjective judgment and that is verifiableby reference to an external and uniform benchmark or criterion (e.g., a height limit).Generally, the proposed ordinance is written to allow the city to exercise as much local controlover SB 9 projects as state law allows. Among other things. the ordinance includes regulationsgoverning the following:
• Location (LD [Low Density Residential and Low Intensity Recreational] zone; not in sensitive, dangerous, historic areas; not on rental properly (within last 3 ycars)) • Lot Size (2,400 sf mm to split; 1,200 sf mm for resulting)• Lot Access (adjoin ROW)• Unit Size (800 sfmax / du)• Setbacks (normal, except as necessary to allow two units at 800 sf eachz bitt no less than 4 feet side and rear)
• Use (residential-only, no short-term rental)• Parking (one space, unless exempt by statute)• Owner occupancy (three-year minimum on urban splits; penuanent on two-unit projects)• Architecture (must match other dwelling or dwellings on property; no direct lines ofsight)• Landscaping (limits on tree removal; required screening)• Utilities (direct connections to servicc providers; all underground)• Separate Conveyance Within a Lot (prohibited: no condos. no timeshares or separate-use co-ownerships)
• Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects)
If the Council does not adopt the proposed ordinance, then the City would be limited to applying the code’s existing objective development standards which did not anticipate and were notenacted with ministerially-approved lot splits and two-unit projects in mind. Approving suchprojects based solely on the code’s existing standards would, among other things. threaten thecharacter of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No: 22-04 (Attachment 1), which will:

1. Find the Ordinance exempt from the California Environmental Quality Act (“CEQA’) pursuant to: (1) Section 15358 of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; (2) Section 15061(b)(3) of the CEQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environmenu and (3) Government Code sections 65852.21(j) and 66411.7(r), which provide that adoption of an ordinance implementing the provisions of Government Code sections 66411.7 and 65852.21 (i.e.. SB 9) is statutorily exempt from CEQA.

2. Recommend that the City Council adopt the Ordinance (Attachment 2).

ATTACHMENTS:

1. PC Resolution 22-04 (the SB 9 Ordinance is Exhibit “1” to Resolution 22-04)

2. SB 9 Ordinance (with the Code Amendments attached as Exhibit “A” thereto) STAFF REPORT ATTACHMENT “1”
RESOLUTION NO. 22-04

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF AVALON RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ADDINGSECTION 9-2.10 AND ARTICLE 7 TO CHAPTER 9-5 TOAVALON MUNICIPAL CODE REGARDING SB 9 URBAN

LOT SPLITS AND TWO- UNIT PROJECTS AND FINDING

THE ORDINANCE EXEMPT FROM CEQA
WHEREAS, in 2021. the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”). which among other things. adds Government Code section 65852.21and 66411.7 to impose new limits on local authority to regulate urban lot splits and two—unit projects: and
WHEREAS, SB 9 allows local agencies to adopt objective design. development, and subdivision standards for urban lot splits and two-unit projects: and WHEREAS, SB 9 went into effect on January 1, 2022 and preempts any conflicting local ordinance; and
WHEREAS, the City of Avalon (“City”) has engaged in ongoing internal discussions and analysis concerning necessary amendments to the Avalon Municipal Code (“AMC”) to comply with SB 9; and
WHEREAS, the proposed ordinance attached hereto as Exhibit “1” (the “Ordinance”) amends the AMC to add various objective devclopment standards for SB 9 lot splits and two-unit projects: and
WHEREAS, on January 19th, 2022. the Planning Commission held a duly-noticed public hearing on the Ordinance, at which all those in attendance were given the opportunity to speak on the Ordinance: and
WHEREAS, the Planning Commission has considered the staff report. supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance,
NOW THEREFORE, THE PLANNING COMMISSION OF TIlE CITY OF
AVALON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Planning Commission hereby finds that the forcgoing recitals are true and con’ect and are incorporated herein as substantive findings.

Section 2. The Planning Commission finds that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 of the CEQAGuidelines (California Code of Regulations. Title 14, Chapter 3) because it will not result in a direct or reasonably foreseeable indirect physical changc in the environment. Moreover, the Ordinance is also exempt from CEQA pursuant toSection 15061(b)(3) of the (‘EQA Guidelines as there is no possibility that this activity will have a significant adverse effect on the environment. Finally, the Ordinance is statutorily exempt from CEQA pursuant to California Government Code sections 65852.21U) and 66411.7(n). which provide that the adoption of anordinance by a city or county implementing the provisions of Government Codesections 66411.7 and 65852.21 (i.e.. SB 9) is statutorily exempt from CEQA.

Section 3. Based on the entire record before the Planning Commission, and all written and oral evidence presented. the Planning Commission hereby finds that theOrdinance’s amendments to the AMC are consistent with the City’s adopted General Plan, except to the extent that SB 9 precludes consistency, for the reasons set forth below:

1. General Plan “General Land Use” Policy No. fl-i provides, in part. that the City’s Zoning Ordinance and residential design standards should be used toguide the character of development and ensure compatibility with existing residential uses. To the extent permitted by SB 9, this Ordinance imposesobjective development standards on two types of residential development projects: urban lot splits and two-unit projects. Such standards includeregulations governing unit size. height. setbacLs. parking. and titilities.

Collectively, these residential development standards are intended to facilitate compatibility between the character of the City’s existing residential uses and SB 9 projects—vhich State law requires the City to allow. For these reasons, the Ordinance is consistent with General Plan“General Land Use” Policy Il-I.

2. Within the ‘Goals’ provided in the General Plan’s Safety Element is the desire that the potential for loss of life, physical injury, property damage.and social disruption from fires be minimized. The Ordinance is consistent with this Goal as it contains numerous measures to mitigate the increasedrisk of fire hazards resulting from SB 9 (e.g.. SB 9 projects in very high fire hazard severity zones are prohibited unless the project complies with all fire hazard mitigation measures required by existing fire and building code standards).

3. General Plan Safety Element Policy No. Vu-I provides that new building construction should conform to the latest standards of seisniic design. The Ordinance is consistent with Safety Element Policy No. VU-I as it prohibits SB 9 projects within a delineated earthquake fault zone unless all development on the site complies with applicable seismic protection building code standards.

Section 4. Based on the foregoing recitals and findings, the Planning Commission hereby recommends that the City Council approve and adopt the Ordinance attached hereto as Exhibit
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City of Avalon City Clerk for transmittal to the City of Avalon City Council.

PASSED, APPROVED AND ADOPTED this 19th day of January. 2022.

Chairman
ATTEST:

Denise Radde. City Manager
APPROVED AS TO FORM:Isaac Rosen. Deputy City AttorneyBest Best & Krieger. LLP CERTIFICATE:

I. Roclo Dc La Cruz. hereby certify that the foregoing Resolution 22-04 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the I 9 day of January, 2022, by the following vote, to wit:AYES: Planning Commission Members:

NOES: Planning Commission Members:

ABSENT: Planning Commission Members:

ABSTAIN: Planning Commission Members:

Rocio Dc La Cruz, Planning AdministrativeAssistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1, 2021 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Devin Hart, Administrative Analyst & Deputy City Clerk SUBJECT: First Reading of an Ordinance Amending Chapter 9-1.01 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating toPlanning Commission Membership RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-1.01 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Planning Commission Membership.

REPORT SUMMARY: It was brought to City Staff’s attention that the Avalon Municipal Code(AMC) does not require a member of the Planning Commission to be a full-time resident of Avalon. The current ordinance allows persons who own a business or serve in a managementfunction to serve on the Planning Commission, regardless of their residency.

Specifically, AMC Chapter 9-1.01 provides:

A Planning Commission is hereby created which shall consist of seven members and one alternate. Only those persons who are physically present in the City of Avalon or within two miles of the City limits at least nine months of each calendar year (excluding special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee employment, military service, and similar situations) or who owns or serves in a management position in an Avalon-based business. The members shall beappointed by the Mayor with the approval of the Council. The tenure of any member ofthe Planning Commission shall be terminable at any time by the Mayor upon the affirmative vote of a majority of the entire Council.In recent history, all Planning Commissioners have resided in Avalon full time during their term on the Commission.

Utilizing ListServ, City Staff conducted a survey of other cities and their requirements forPlanning Commissioners. The following cities require planning commissioners to reside within the city they serve:Atwater Clayton Covina Glendora
Bakersfield Chula Vista Del Mar IrwindaleBeaumont Coronado Fort Bragg KermanBrentwood Costa Mesa Fullerton La Canada La Habra Manhattan Beach Rio Dell Sonoma
La Verne Napa Sacramento St. HelenaLaguna Beach Newark Santa Clara TorranceLakeport Orange Santa Cruz Upland Lincoln Oxnard San Dimas VacavilleLivermore Pleasant Hill San Luis Obispo Victorville Lompoc Pismo Beach Signal Hill Yorba LindaLos Gatos Redondo Beach Solvang The cities of Sonoma and Upland allows for non-residents to be appointed as Planning Commissioners if approved by the City Council by a 4/5 vote. However, the City of Upland noted that a non-resident has never been appointed to the Planning Commission.

Only the cities of Fortuna, Palm Springs and Shasta Lake responded as allowing for planningcommissioners to either reside in their cities or own a business within the City.

City Staff recommends eliminating the option of non-resident business owners or management personnel to be able to serve on the Planning Commission. The AMC Chapter 9-101 is recommended to be amended to read as follows:

A Planning Commission is hereby created which shall consist of seven members and one alternate. Only those persons who are physically present in the City of Avalon or within two miles of the City limits at least nine months of each calendar year (excluding special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointees employment, military service, and similar situations) may be appointed to the commission. 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 atany time by the Mayor upon the affirmative vote of a majority of the entire Council.

GOAL ALIGNMENT: n/a
FISCAL IMPACTS: There is no fiscal impact associated with the recommended action.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will technically allow certain non-residents to serve as members of the PlanningCommission.

FOLLOW UP ACTION: Second reading of the ordinance.

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

ATTACHMENTS: Ordinance Amending Chapter 9-1.01 of Title, Planning and Zoning, of the Avalon Municipal Code Relating to Planning Commissioner Membership.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF AVALON AMENDING TITLE
9, CHAPTER 9, ARTICLE I OF THE AVALON MUNICIPALCODE, RELATING TO THE APPOINTMENT OF PLANNING

COMMISSIONERS
WHEREAS, the Planning Commission is a volunteer body comprised of seven members and one alternate; and
WHEREAS, the Planning Commission provides a vital service to the City of Avalon; andWHEREAS, the Planning Commission shall perform the duties prescribed by applicable State and local laws; and
WHEREAS, Planning Commissioners shall be appointed by the Mayor with the approval of the City Council; and
WHEREAS, Avalon Municipal Code Title 9, Chapter 9, Article I provides guidelines for Planning Commission membership and appointment; and
WHEREAS, the City Council must ensure Planning Commissioners are familiar with the City of Avalon and understand the impacts of decisions made on the community; and WHEREAS, the standard of many California municipalities is to require Planning Commissioners reside in the cities they serve; and
WHEREAS, City Council desires to amend the Avalon Municipal Code to require Planning Commissioners to reside in Avalon full-time.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:

Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.

Section 2. Avalon Municipal Code Title 9, Chapter 9, Article 1.01 is amended to read as:

A Planning Commission is hereby created which shall consist of seven members and one alternate. Only those persons who are residents and physically present in the City of Avalon or within two miles of the City limits at least nine 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) may be appointed to the commission. 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.

Section 3. Severability. If any section, subsection, subdivision, sentence. clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision. paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection: subdivision, paragraph, sentence, clause, or phrase be declaredunconstitutional.

Section 4. CEQA Exemption. The City Council finds that adoption of this Ordinance isexempt from the California Environmental Quality Act (“CEQA’) pursuant to Sectionl535S (theactivity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQApursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change inany of the physical conditions within the area affected by the Ordinance.

Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be publishedand/or posted in the manner required by law.

Section 6. Effective Date. This Ordinance shall become effective 30 days from the date of adoption.

INTRODUCED at a regular meeting of the City Council of the City of Avalon on the l day of March, 2022, by the following vote:

AYES:

NAYS:

ABSENT:ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 1 51h day of March, 2022, by the following vote:

AYES:

NAYS:

ABSENT:ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Denise A. Radde, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1, 2022
ORIGINATING DEP: Community Service
PREPARED BY:

SUBJECT: Fourth of July Fireworks Vendor
AGENDA ITEM: ‘1
CITY MANAGER:
_
RECOMMENDED ACTION(S): Authorize the City Manager to execute an agreement withGarden State Fireworks, Inc. to provide the firework show on the Fourth of July.

REPORT SUMMARY: Annually the City of Avalon provides a fireworks show as a part of theFourth of July schedule of events.

City Staff solicited quotes from various fireworks vendors and received two proposals — one from Pyro Spectaculars for $35,000 and one from Garden State Fireworks, Inc. for $38,000.

Both vendors are licensed and in good standing with the State.

After an analysis of the two proposals, Staff recommends contracting Garden State Firework Inc. Though the cost is $3,000 more, the proposal provides a substantially larger firework show.

Comparatively, Pyro Spectaculars shoots 441 shells ranging from 3-8”. Garden State Firework Inc. will shoot 2,310 shells ranging from 1-6” plus 6,500 assorted effects, equaling 8810 items shot in the air during an 18 minute show.

Staff vetted Garden State Firework, Inc. noted they
in the United States with approximately 141 yearsnote include the 2020 Presidential Inauguration, National Mall, MLS All-Star and MLS Cup, Statue of
Disney World, FL.
are one of the oldest fireworks companies
in operation. Recent fireworks shows of
Washington D.C. Fourth of July at the
Liberty Bicentennial Celebration, and Walt
As per a longstanding agreement, Love Catalina traditionally pays for the firework show and has agreed to fund the show the City Council chooses. The total budget for Fourth of July events is $55,000. The barge accounts for $30,000 and the USC marching band is estimatedto cost $25,000, including transportation, lodging, and per diem. The cost for Fourth of July is spread out over two fiscal years as many of the expenses are not paid until after July 1.

GOAL ALIGNMENT: Enhance Recreational Opportunities.

FISCAL IMPACTS: No impact to the City’s budget. City contributes costs associated with thebarge, S30000, and USC marching band, $25,000, from the General Fund and Love Catalina will pay for the fireworks.

David Hart, Community Service Supervisor
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not know how to proceed with regard to selecting a vendor for the Fourth of July fireworks display.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act ATTACKMENT: Garden State Efreworks, Inc. Quote
Pyro Spectaculars Quote
I.
117 I
i’ll ittj
February 9.2022
City ofAvalon
David Hart410 Avalon Canyon Rd.

Avalon, CA 90704
Dear Mr. Hart,
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal br your July 4, 2022 event. The following proposal outlines your custom designed Program “A’ for the amount of $35,000.00.

Our lull service program includes necessary preproduction services, the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and pyrotechnic safety equipment used for support and protection. The price also includes insurance coverage, sales tax, and delivery. To help ensure public safety, we work directly with the local lire authority, and we apply for the necessary fireworks related permits. Our winning combination of products, people, and production capabilities help produce the best fireworks entertainment package for your event.

Your organization vilI be responsible for payment of permit fees and/or standby firemen fees, if any, The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location, necessary security for the display site, and otherevent permits.

Please review the enclosed Proposal, Product Synopsis, Production Agreement, and Scope of Work in detail. In order to reserve your program, it is imperative that you return the fully executed agreement, your initial payment, and applicable permitfees to our office by February 28, 2022, the price firm date in your production agreement. The program, pricing, and show date may not be available beyond the price firm date.

If you wish to discuss your program or need more information, please call either me or your Customer Service Representative Maria Barajas at (909) 355-8120 ext. 228.

Sincerely,
PYRO SPECTACLILARS, INC.Christopher Souza
PYRO Show Producer
CS/mb
B nclos u its
Pyro Spectaculars, Inc.

P.O. Box 2329 • Rialto, CA 92377 • Phone: (909) 353-8120 or (888) 477-PYRO • Fax: (909) 355-9813 Product Synopsis • Pyrotechnic Proposal
City of Avalon
PROGRAM A— July 4, 2022
$35,000.00
Main Body - Aerial Shells
Description
• 4” Souza Designer
• 5” Souza Designer
• 6’ Souza Designer
• 8” Souza Designer
Grand Finale
Description
• 3” Souza Designer
• 4” Souza Designer
• 5” Souza Designer
Selections
Selections
Selections
Selections
Total of Main Body - Aerial Shells
Bombardment Shells
Bombardment Shells
Bombardment Shells
Total of Grand Finale
Grand Total
303
Quantity
60 60
18 138
441
Product descriptions are for specification ofproduct quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style.

Quantity
150
96 45
12 PROGRAM

CITY OFAVALON
July 4, 2022 $38,000.00

NOT INCLUDING BARGE AND WATER COSTS
Submitted By:

Garden State Fireworks, Inc.

The Santore Brothers
ARRI4 YAL

CITY OFA VALON
July 4, 2022 $38,000.00

NOT INCLUDING BARGE AND WATER COSTS
Opening:
20 3” Announcements Flash Light Salutes with tails
400 1 “2” Assorted Mu/ri-Break Special Effect Shells- Pa’ Boxed 50 3” Assorted Fancy Star Shells
20 3” Titanium Thunder
8 4” Bumper Harvest Shell
8 4” Assorted Color Bee
6 5” Spangle Chrysanthemum
6 5” Color Changing Peony wit/i Color Changing Pistol Body:
200 3” Assorted chrysanthemum Peony patte vu & Reports
72 4” Sanro,re Bros. Special Multi-Break & Custom designer Chn’santhemurn — 72 4” Assorted Color Chtysanthemwn & Reports — 48 5” Large Spreading & Special Breaking Multi-Effect Shells 72 5” Fancy Assorted Pastel Colors
54 6” Assorted Color Chrysanthemum & Reports Special Effects: I5J3OMM,fltoxedJNpt charg€) 100 Shot Criss Cross Magnesium Crossetti 350 Assorted Color Comets (Pre-Boxech
350 Flash & Thunder Reports100 Shots White Glittering with Red Pistil Fan 100 Shots Z Cakes Color Falling Leaves with Blue Stars
100 Shots W Cakes Gold Willow Comets Blue Stat’s
100 Shots V Cakes Rapid Fire Blue Stars
100 Shots Z Cake Rapid Fire Zig Zag Red Stat’s Brocade Tableau: Pre-Boxed (Not charRe] 100 1 “-2’ Twinkling Brocade Slow Duration
30 3” Twinkling Brocade Slow Duration
16 4” Twinkling Brocade Slow Duration
8 5” Twinkling Brocade Slow Duration
4 6” Twinkling Brocade Slow Duration
Crossetti Tableau: oxedNotchare
100 1 “-2” Fancy Assorted Multi-Color Crossetti
20 3” Fancy Assorted Multi-Color Crossetti
— 8 4” Fancy Assorted Multi-Color Crossetti
4 5” Fancy Assorted Multi-Color Crossetti
4 6” Fancy Assorted Multi-Color Crossetti
July 42022 $38,000.00

NOT INCLUDING BARGE AND WATER COSTS
Page #2
Comet & Rings Tableau:
100 1-2’ Assorted Comets & Rings
20 3’ Assorted Comets & Rings
8 4” Assorted Comets & Rings
4 5” Assorted Comets & Rings
4 6” Assorted Comets & Rings
Multi-Salute Tableau:
30 3” Assorted Color & Cannonade Salutes
8 4’ Assorted Comets & Salutes
10 3’ Assorted Comets & Salutes
4 5” Assorted Comets & Rings
4 - 6” Assorted Comets & Rings
Grand Finale
500 1 “-2” Assorted Star Shells
60 3” ,4.csorted Fancy Colors and Reports
60 3’ Color and lighting Flashes 4,500 crackling effects 60 3” Assorted Color Strobing Stars 2,000 Brig/it Flashes 40 3” Fancy Gold Spider
40 3” Extra Fancy Silver Spider
60 3” Titanium Thunder
8 4” Assorted Chrysanthemum and Peony
8 4” Glittering Silver Color Changing Red, White and Blue 8 4” Color Changing Chtysanthenmin
16 5” Silver Rain Chrysanthemum
8 6” Color Changing Chtysanthemum
I EffectsL Shols&Effects Total Pieces 1,200 640

CITY OF AVALON CITY COUNCIL
MEETING DATE: March 1. 2022 AGENDA ITEM: I C
ORIGINATING DEP: Community Services CITY MANAGER: DL//J( PREPARED BY: Dave Hart, Community Services Supervisor
SUBJECT: Award Contract for Joe Machado Field (JMF) Concession Stand RECOMMENDED ACTION(S): Authorize the City Manager to negotiate and execute an agreement with Francisco Rojo for the operations at the snack bar concession at Joe Machado Field and that the City Council waive any irregularities in the proposal.

REPORT SUMMARY; On December 7, 2022 City Council authorized City Staff to issue a request for proposals (RFP) for the concessions at Joe Machado Field (JMF). The REP was published on December 17, 2021. City Staff had a walk through schedule for January 3, 2022;however, City Council requested the item come back for consideration before a walk through was conducted. On January 4, 2022 City Council authorized Staff to continue with the RFP process as approved on December 7, 2021. City Staff conducted a non-mandatory walkthrough of the concession facility on January 18, 2022, two potential respondents attended.

The original published deadline for the RFP was January 28, 2022 at 4:00 pm.; however, no proposals were received by that time. The City issued an amendment to the RFP, extending the deadline to February 17, 2022 at 4:00 pm. The City received two proposals — one from Francisco Rojo and the other from Don Tony’s Fruit.

After an analysis of the proposals, City Staff determined neither proposal addressed all of the requirements as outlined in the REP.

City Staff interviewed both respondents and assessed their proposals based on the best interests of the City and the following criteria:

1. Food/Menu.

2. Experience. The qualifications and experience of business’s personnel who will be overseeing services and managing operations.

3. MarketingNision. How the vendor plans to increase their market share for the future.

4. Staffing.

Based on the two proposals and the grading criteria, Staff recommends awarding the contract for JMF Concessions to Erancisco Rojo. (See attached criteria analysis) Staff recommend City Council authorize the Community Services Supervisor and City Manager to enter into negotiations with Francisco Rojo to establish the following terms for concession operations:
• Continuous year-round operation of the concession stand. • Require the concession stand to be open for all events at JMF, including recreational activities, school sports events, contracted league events, etc. • Enter an approximate 33 month agreement with lessee, expiring on December 31 2025, aligning the agreement with the other existing City agreements • Before the initial term of operation is due, City Staff will conduct an internal review of operations. In the event both parties are satisfied and the Lessee is meeting the minimum requirements of the lease agreement allow for an additional 3-year term. • Maintain insurance coverage consistent with the requirements outlined by the AMC.• Comply with all aspects of the AMC, including the City’s Fats, Oil, Grease (‘FOG’) ordinance, Styrofoam, plastic straw and plastic bag ban ordinance, etc. • Estabsh an initial lease rate of $2 per square foot for the first six months, and up to the first year of operations. After six months, the City Manager may consider an increasethe lease rate to the standard $4 per square foot subject to annual CPI. The available lease space is comprised of 279 square feet of interior space and 121 square feet of outdoor space previously used to store a food vendor cart. The initial monthly rental rate of just the interior space is approximately $558 and $1,116 after six months of operation. Including the outdoor storage space, the initial monthly lease rate would be $800 and $1600 after six months of operation.

GOAL ALIGNMENT; Provide food service at Joe Machado Field for community gatherings including but not limited to: City recreation and school athletic games; community special events, and private gatherings were food is being served.

FISCAL IMPACTS: Lessee is responsible for a monthly rent amount of $1,116.00 or 8% of gross receipts, or whichever is higher. This is for the concession stand only, if storage is added for a vending cart rent would be $1,600/month.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Food services will not be provided and no monthly rent be collected at Joe Machado Field for the snack bar services.

FOLLOW UP ACTION: Implement City Council direction
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENT:-Francisco Rojo Proposal -Don Tony’s Fruit Proposal-Criteria analysis
-RFP
VIRGIE’S

BUSINESS PLAN

PRESENTED TO

CITY OF AVALON

DATE PREPARED
2/1/2022

SNACK BAR
CONTACTFrancisco Rojo
frankierojocãyahoocom310 612 3144
P0 BOX 2396
AVALON, CA 90704
G4fl’c 7dand
1 TABLE OF CONTENTS
EXECUTIVE SUMMARY .3
PRODUCTS & SERVICES 5
OFFERINGS 5
SOURCING 5
MARKETING 6IMPLEMENTATION PLAN 7
2 EXECUTIVE SUMMARY
The purpose of this business plan is to explain what we would like to do if we were chosen to operate Virgie’s Snack Bar.

Our Team
Francisco Rojo and Guadalupe Ramirez will be partnering up to run the daily operations. Lupe will be the main cook and Frank will be assisting her.

Our Mission
To provide quality, authentic food to our community in a convenient and affordable way in order to enhance our community’s experience on a more regular basis but especially during sporting events.

Our Vision
To improve the happiness and comfort of our customers and community.

Frank and Lupe have worked in the food industry for many years. Through hard work, devotion to quality service, we have grown a reputation in the community to provide excellent service and delicious food well-known throughout the Avalon’s community.

Our plan is to be open throughout the week on a rotating schedule and will adjust the scheduling according to high traffic, high demand and sporting events. We anticipate that locals and sporting events will make up 65% of our revenue. One of our goals is to attract our island visitors that stay at the campgrounds and that visit the botanical gardens. 3 We will offer competitive prices on our menu compared to competitors, accompanied by high quality service and food offerings. Our core offerings will include hamburgers, hot dogs, french fries, and tacos, non alcoholic beverages and snacks.

We will use a combination of marketing methods, including social media, flyers, coupons. and word of mouth. We also plan to partner with organizations to get the word out about our business. For example, we plan to work together with different local organizations like Meals on Wheels, Rotary, Womens Forum and Avalon Schools to generate awareness about our business.
4 PRODUCTS & SERVICES
Offerings
We will offer a wide range of food options, to include:
• Burgers
o Hamburgers
o Cheeseburgers
o Bacon Burgers
• Tacos
• Hot dogs
• Corn Dogs
• Nachos
• French fries
• Snacks
• Chips
• Snow Cones
• Beverages
o Soft drinks
o Aguas Frescas
o Lemonade
o Bottled water
Sourcing
We will ensure that the ingredients we use are of the highest quality in order to provide delectable food offerings. With the experience Frank and Lupe have gained from working in arestaurant and catering multiple private parties during the past years, combined with market research, they can ensure that the amount of ingredients needed are accurately projected from week-to-week.
5 MARKETING PLAN
Marketing Strategy
Our marketing strategy is to leverage relationships with local organizations in order to grow our initial customer base. We plan to partner up with local groups and offer samples and promotional discounts. Additionally, some of our new customers will be island visitors passing by us. We also plan to reach new and existing customers through social media and posting flyers in different businesses. Our prices will be comparable if now lower compared to our direct competitors, and we will also provide larger portions while maintaining profitability.

Additionally, we will hand out and hang up flyers in high-traffic areas during the first few months of operation. We also plan to utilize traditional social media platforms to advertise and use local events to get the word out about our business.
6 IMPLEMENTATION PLAN
Personnel Plan
At this time, the personnel plan calls for a minimum of one cook and one assistant who will greet customers, take orders and assist ehe cook. Currently Lupe wHI operate as the head cook while Frank takes orders and payment, and assists Lupe when needed, In the first year, assumptions are that there will only be 2-3 workers to execute and manage operations. As demand increases we will hire additional staff.

ANALYSIS
• Strengths
o Fast service
o Easy access
o Wide variety of offerings
o High quality
o Fresh ingredients
• Weaknesses
o Weather
o Events
• Opportunities
o High-traffic during sporting events
o Partner with local organizations
• Threats
o Low-traffic on non event days
o location
7 I. Summary
Don Tony’s Fruit proposes to convert the current location into a fruit and juice hotspot, while retaining many of the same services provided previously. Our goal is to promote healthy and nutritious options to the community along with a safe and welcomingenvironment.

II. Proposer
A) Don Tony’s Fruit
P0 BOX 1666
Avalon CA, 90704
B) Juan Gomez 234 Bird Park Rd#23
(310) 3449326
C) Sellers Permit: 222435072
Ill. Staffing
Two employees will carry out the necessary work load needed to run the stand.This will include one clerk in charge of customers and distribution as well as one
Cook. If needed an additional staff member will take the roll of assisting bothclerk and cook. The clerk would be responsible for assisting customers and maintaining an organized system in which queued orders would be completed efficiently. Constant communication between the clerk and the cook is needed to ensure low wait times for customers.

V. Experience
We have both culinary and customer e perience, along with a familiarity with the island and it’s community. Our skills stem from positions held by previous employers around the island.
2 City ofAvalon
Post Office Box 707, Avalon, CA 90704
310-510-0220 ext. 2 • FAX 310-510-0765
C
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CC
New Application
Change of Address
Change of Business Name
Business License Transfer
State: 1 .— Zip Code:

Cc Z4 Email Address:

State Contractor’s License Number.

License Type:

Local address where work will be performed:

Jrifl hazardous materials be used? Q Yes Q No
Trnii m’,rbnd i’tI,1 F I8FtiaH
Business Name:

Business Location: 7jt
Business Mailing Address: 6 1X
City: ‘i State:

Zip Code:

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Phone
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No: H
Email Address:

Business Te: QCorporation ole Ownership QPartnership
FederalEmployer ID.

State Employer ID.

Will the business be conducted on leased or rented property? Q’Yes 0 No If yes, do you have permission from the property owner? Q Yes Q No Property Owner’s Name.
_______________________________
QLLC ONonprofit
SateTax ID:

Mailing Address
City’ State: Zip Code: Phone No:

Email address:

Business Description: (Include type of goods or services offered, business hours) retail, sidewalk vending, etc.)
Jn (ovC
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Owner Name:

Mailing Address: — City:

PhoneNo:
(( Q 1o—\
Expiration Date:

DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
SELLER’S PERMIT
March 28, 2019 1(

ACCOUNT NUMBER
222435072
Office of Control:

DON TONY’S FRUtT Culver City Office
JUAN ANTONIO GOMEZ ZENDEJAS NOTICE TO PERMI7TEE: You are required to obey all P0 BOX 1666 Federal and State laws that
AVALON CA 90704-1666 regulate or control your
I ‘ business, Th,s permit does
not allow you to do
otherwise.

IS HEREBYALTHDRIZEC PURSuAHTT0 SALESALIO USE Y LwTC2NcAOE IN THE BUSINESS O SELLI’iG TA<GIDLE PERSONAL aROFERTY ATTHE ABOVE LOCATION. THIS PERVIT IS VALD ONLY AT THE ABOVEADORESS.THIS PERMiT IS VALID UNThL REVOKED OR OM,OELED ALD IS NOTTRANSFERABLE. rYOU SELL YOUR BUSINESS DR DRO’ OUT OF A PARThERSHIP, NOTIY US OR YOU COULD BE RESPONSIBLE FOR SAES AND USEAYES OWED BYT-IE NE.V O’EPTOR OF THE BUSINESS.

Not valid at any other address
For general tax questions, please call our Customer Service Center at 1-800-400-7115 (TTY:711).

For information on your rights, contact the Taxpayers Rights Advocate Office at 1-868-324-2798 or 1-916-324-2798.

CDTFA-442-R REd. 18(5-13)

A MESSAGE TO OUR NEW PERMIT HOLDER
As a seller, you have rights and responsibilities under the Sales and Use Tax Law- In order to assist you in your endeavor and to better understand the law, we offer the following sources of help:
- Visiting our website at VPAW.cdtfa.co.gov
• Visiting an office• Attending a Basic Sales and Use Tax Law class offered atone of our offices • Sending your questions in writing to any one of our offices • Calling our toll-f’ee Customer Service Cantor at 1-800-400-7115 (TTY:71 1) As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. You also have the responsibility of not misusing resale certificates. While the sales tax is imposod upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely• You have the right to be treated in a fair and equitable manner by the employees of the California Department of Tax and Fee Administration (CDTFA)
• You are responsible for following the regulations set forth by the CDTFA As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make lhem available for inspection by a CDTFA representative when requested. You are also required to k,,cw and charge the correct sales or use tax rate, inducing any local and district taxes. The tax rate applicable to your sales or use may notnecessarily correspond to the tax rate of your business address displayed on this permit. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all ofyour business locations, If it becomes necessary to surrender this permt, you should only do so by mailing it to a CDTFA office, or giving it to a CDTFA representative.

If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with CDTFA, please contact the Taxpayers’ Rights Advocate Office for help by calling toll-free, 1-888-324-2798 or 1-916-324-2798. Theirfax number is 1-916-323-3319, Please post this permit at the address for which it was issued and at a location visible to your Customers.

California Department of Tax and Fee Administration
Business Tax and Fee Division
AFFIDAVIT OF IDENTITY — FICTITIOUS BUSINESS NAME STATEMENT If submitting the Fictitious Business Name Statement by MAIL or through a THIRD PARTY, the registered owner MUST bring this page to a notary to be NOTARIZED. In accordance with Section 17913 of the California Business and Professions Code, the following identifying information is required to file a Fictitious Business Name Statement.

Registrant Name JUAN ANTONIO GOMEZ ZENDEJAS
Name of Business DON TONY’S FRUITRegistrant Address 234 BIRD PARK RD #23 Registrant Signature (J
Street Address
AVALON CA 90704
city stale/count Zip ce
If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability clerk will require evidence issued by the Secretary of State indicating the current existence and goodentity. ***For Mail or Third Party Requests Only***
partnership, the county
standing of that business
This certificate must be notarized by a Notary Public for all Mail and Third Party Submissions 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 validityof that document.

STATE OFCounty of
ss
Subscribed and sworn to (or affirmed) before me on this day of person(s) who appeared before me.Signature
20, by
proved to me on the basis of satisfactory evidence to be the ,
r-fOR OFFICE USE ONLY: ***To be completed by Deputy County Clerk for (n-peis filings only / / . /
ID # 7/7/7 Exp Date 7%/ 4Deputy SignaturaRev 20170125
::

DEAN C. LOGAN
Registrar-Recorder/County Clerk
Los Angeles County Registrar-Recorder/County CierI
S LI PA?.
°OG
DOMY ERCIAL GENERAL LIA3)LLir LQIaRAI5E -0CCURENCE FOR\ CERT)F0ATE PASE
iETTSCCItVEJ)GE’_La3_ ..sA.:a-E::.::L5-E:s:_C>
iNSURiCr COMPANY. OREAT AMER,CAN ALLIANCE INSURANCE COMPANt POLICY NUMSER ji
CERTIF!-DATh hOLDER. Jux Gor’ao D3A DCC T,niaFh.

ADDRESS: E:DaP:cGPCiGxt.: &a:
?-DLIC’IPEOO:C7Gi2O21tcC-7Ci;2O22-;n:---_, - ----- -

LIMITS OF INSURANCE
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Pcce as-one.! CCvera9e CecCLb C S ‘n 2ca;- So
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PORN OF BUSINESS: Soe Prcpne:ar;[rid:--dual
PREMIUM: 5 169
SI-ETA Fee: $ 75
TOTAL ANNUAL COST: —- 5 245 The cost is IJ0’G earnedInori refundable) CODE NUMBER: 1 iS PREMIUM BASIS. Crass Saps EXPOSURE: US5-:-CCU BUSINESS DESCRIPTION: Vendar Distribulon Cr -Isnafacnra-cf tao ;roc-_cTs Other P006 Vender; vs ,4SJR%Ca 5 SUE_aCT TO L TE TERIS A-SD DOkGITCTJS SaIL-DING A’FJCA3LE ENDORSEUTNTS CF CC’lMERCL4 GENERAL LBILI1t INSURPJ4CE .0STER POLICY. A COPY OF THE COfINICAC: I GENERAL L1AS!L!TE INSuRANCE MASTER POLICY ACCOMP?S4IES THiS CERTIFICATE ADOTIONAL COP;ES WILL BE PROVIDED TO THE CERTIPICATENOLDER PLEASE REAl) THE POLIO AND Ad-I ENDORSEMENTS

NO ADMISSION OF LI-ABILITY MAY BE MADE EITHER VERBALLY OR IN WRITING ;LaDE:AaOFAN!:NCDE,r SnCaaC2ESiEDArELye(EatLrCr-n TOUERACITYi4SJRANCES3LUIIDNS I_C 25-) SOUTH 2500 WEST SUITE 303 GROVE_-aia-oT62 FORMS AND ENDORSEMENTS ac9-csLde 03 Ca-crags —as anc—aaa La’ at ha Fcc-c: are-at-Isa are -s:s) on Ire coached Far-rn and Fndorsernen:s Schedule IL 63 0-1 535;

ADMINISTRATED RY
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ADMINISTRATORS SOS URE’G’
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at Copyright© 2010
State of California
https://oniineservices.edtfa.ca.gov// 3/28/2019

YOUR RETURN MAILING ADDRESS
NAME: JUAN ANTONIO GOMEZ ZENDEJAS
ADDRESS: 234 BIRD PARK RD #23
CITY. AVALON STATE: CA ZIP CODE: 90704 Electronically signed by SEREI’JUTHDA PRAK

FICTITIOUS BUSINESS NAME STATEMENT
TYPE OF FILING AND FUNG FEE (Check one)
0r.;ira2600 (FOR ORIGINAL F;L.NG wr. ONE RUSINESS NAME ON STA’EVENT, - - Arnenden F’flr.g- 626.00 (Cn/ANGES IN FACTS PROM ORIG,NAL FILING- REQUIRES PUBLICATION1 Retila- $26.00 (NO CHANGES IN ThE FACTS FROM ORIGINAL FILINOI [_ss.oa - FOR EACH ADDITIONAL BUSINESS NAME FILED ON SAME STATEMENT, DOING BUSINESS AT THE SAME LOCATION 55.00. FOR EACH ADDITIONAL OWNER IN EXCESS OF ONE OWNER The following person(s) is (are) doing business as:
*1 DONTONY’SFRUIT 2.

Print Fictjtious Bus,neat Name(s)
•- 234 BIRD PARK RD #23 j P0 sox 1666
SLeet address of prirciFa. p ace or bds:r.ess Mel .ng addre,s I’ d ‘fret AVAflN CA 907C4 LA COUNTY AVALON CA 90704
C-Iy State ‘Co&rty Zic COUNTY Cty State icour try 7 p
AE.ces :1 vco.p:iadcr 0’ Orgar:zaI on Nr tar :1 app.ca:ie: AL REGISTERED OWNER(S):
1 JUAN ANTONIO GOMEZ ZENDEJAS 2
Full Name/Corp/LLC (P.O. Box not accepted) Full Narne/Ccrp/LLC (P.0. Box not accepted) 234 BIRD PARK RD #23
Residence Address Residence Address
AVALON CA 90704
City StateCoun:-y Zip C:ty State/Country Zic
if Corporator or LLC - Pho: Stale of lncorpora::ordOrgantzat’or It Corporaton or LLC - Print Stale ot Ico-porat.orUOrganzation

3. 4.

Full NameICorpILLC (P.O. Boa net accepted) Full Name/Corp/LLC (PD. Box nol accepted) Residence Address Residence Address
City ‘ State/Country ZIp Oily Slate/Country Zip
1 Corporat on or LLC - Pin: State of Incorporat On/O9a9zaO’ If Corporation or LLC . Print State of Incorpcrat.c!OT;an.zat.cn IF MORE THAN FOUR REGISTRANTS. ATTACH ADDITIONAL SHEET SHOWING OWNER INFORMATION ****THS BUSINESS IS CONDUCTED BY: (Check one)
an Individual Ca General Partnership Ca Limited Partnership Ca Limited Liability Company C an UninCorporated Association other than a Partnership Ca Corporation Co Trust CCopartners Ca Married Couple CJoint Venture CState or Local Registered Domestic Partners Ca Limited Liability Partnership ““The date registtant started to transact business under the fictitious business name or names listed above: N/A lInserl MA above ii you haven’t stailed to transact buainess) I declare that all information in this statement is true and correct. (A registrant whoeclares as true any mate-ia matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by afine not to exCeed one thousano dollars ($1,000).) REGISTRANT(S)/CORP/LLCNN5IE (PRINT) JUAN ANTONIO GOMEZ ZENDEJAS TITLE Owner REGISTRANT SIGNATURE IF CORP OR LLC. PRINT NAMEIf corporation, also print corporate title of officer. If LLC, also print title of officer or manager.

This statement was fired with the County Clerk of LOS ANGELES On the date indLcated by the rIed stamp in the upper rtght corner, NOTICE - IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NPJNIE STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH FT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT. AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION. EFFECTIVE JANUARY 1.2014. THE FICTICIOuS

BUSINESS NAME STATEMENT MUST BE ACCOMPANIED BY THE AFFIDAVIT OF IDENTITY FORM

THE FLING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS ATE OFA FICTITIOUS BUSINESS NAME IN VIOLAT,ON OF THE RIGHTS OF AN OTHER UNDER °EDERAL. STATE, OR COVMON LAW (SEE SECTION 14411 ET SEQ. BUSINESSAND PROFESSIONS CODE).

I HEREOY CERTIFY THAT THIS COPY ISA CORRECT COPY OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE, DEAN C. LOGAN. LOS ANGELES COUNTY CLERK BY: SEREIVUTHDA PRAK , Deputy 2019078624
I Ilifli Hill 11111 1111 1111 11111 1111 1111 11111 11111 1111 1111

FILED EXPIRES
Mar 272019 Mar 272024
Dean C- Logan. Registrar-Recorder/County Clerk
Rev, 01/2014 P.O. BOX 1208. NORWALK, CAYO6SI-1208 PH- (5621 462-2177 WEB AOORESS LAVOTENET JMF Concession Stand Criteria
Francisco Rojo Juan Comez
Traditional Ball Park FoodTacos, Burritos, Aquafesca, seasonal Traditional Ball Park food, Seasonal fresh fruit,foods, specials once a week and snow fruit juice, ice cream. cones. Combo meals ($8-$9) Burrito or Hotdog ($5)

1. Food/Menu Beer and Wine Beer and wine
Frank isyrs a server and was an
assistant manager at Busy Bee. Aunt is Juan Gomez cook at Antonios. Has vending cart

2. Experience one of the head cooks at Coyote Joes. selling fresh fruit.

Signage infront of JMF, Social
Media,placing advertisment with carrentals, Take out and delivery, word of mouth. Charitible portion of buisness:

3. Marketing/ Meals on Wheels lx a week. Free food
Vision for day camper l-2x a week. Signage infront of JMF, word of mouth Aunt willing to leave to cook full time at
JMF. Family working front of house.

4. Staffing Multiple family members. Father/son operation at first.

CITY OF AVALON

REQUEST FOR PROPOSALS
AND

CONTRACT DOCUMENTS
FOR
Joe Machado Field Consession Stand
Project No. CS2022
Contract No. 11022
410 Avalon Canyon Road
P.O. Box 707
Avalon, California 90704
(310) 510-0220
www. c ityofava Ion .com
Pre-Proposal Meeting: January 3, 2022
Submit Written Questions By: January 10, 2022
Proposals Due: January 28, 2022 February 17, 2022
Joe MaChado Field
Key Information
Consession Stand

CITY OF AVALON

NOTICE INVITING PROPOSALS
Joe Machado Field Concession Stand
Project No. CS2022
Contract No. 11022
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Avalon (LCity)in the office of the City Clerk, 410 Avalon Canyon Road, P.O. Box 707, Avalon, CA 90704 until January 28, 2022 February 17, 2022. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to lease and operate the concession stand at Joe Machado Field.The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Interested proposers may download copies of the Contract Documents by visiting the City’s web site, www.cityofavalon.com. Firms that anticipate submitting a proposal are required to send an email to the City contact acknowledging receipt of the Contract Documents so that the City can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. Addenda will be published on the City’s website.For more information, please contact:

David Hart, dhart’u citvofavalon.corn, 310.510.0220 ext 231

END NOTICE INVITING PROPOSALS
-2- Joe Machado Field Consession Stand

NOTICE INVITING PROPOSALS

CITY OF AVALON

INSTRUCTION TO PROPOSERS
Joe Machado Field Concession Stand
Project No. CS2022
Contract No. 11022
I. BACKGROUND AND INTRODUCTION
The City of Avalon (“City’) is requesting proposals from qualified firms1 ç’Proposer&’) to lease and operate the concession stand at Joe Machado Field. (“Services”).II. REQUEST FOR PROPOSALS A. Scope of Services
The Services sought under this Request for Proposals (“REP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding theinclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

B. Project Manager for this RFP
The project manager for the City regarding this REP will be David Hart, Recreation Coordinator, Community Service Department, 310.510.0220 ext. 231, [email protected],or a designated representative, who will coordinate the assistance to be provided by the City tothe Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing to the project manager identified in Section B.

All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on the City’s website. Oral statements regarding this REP by any persons should be considered unverified information unless confirmed in writing. To ensure a response,questions must be received in writing by 4 pm local time on the date identified in the ProposalSchedule.

D. Pre-Proposal MeetingEach Proposer is requested to attend non-mandatory pre-proposal meeting to be held on January 3, 2022 January 18, 2022 from 1 p.m. to 2 p.m. at Joe Machado Field. Failure to attendthis will not preclude a Proposer from submitting a proposal. Attendance at the pre-proposal 1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company,corporation or joint venture.

Joe Machado Held consession Stand

INSTRUCTION TO PROPOSERS
meeting will ensure the Proposer understands the full scope of the Services requested.

Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include (2) hard copies and one (1) electronic pdf version on a CD or USB Drive enclosed in a sealed envelope. Proposals shall be organized. tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: lpage)3. Identification of Proposer: (limit: 1 page) a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a parent company,’ identify the ‘parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. City Business License Number.

4. Staffing Resources: (limit: 1 page)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firms capacity to provide additional personnel as needed.
(U) Identify three (2) persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and inperson presentation. (iU) Describe proposed team organization, including
identification and responsibilities of key personnel.
(iv) Provide brief biographies of individuals that will be working directly with the City.
b. Subcontractors
Joe Machado Field consession Stand

INSTRUCTION TO PROPOSERS
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that isanticipated to perform each function.

5. Fiscal Stability: (limit: 5 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit: and
(h) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 2 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills willmeet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of staff to be assigned to perform the Services in performing similar services.
(Hi) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4)years experience in providing the required scope of Services for public clients.
(iv) Provide five (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address: and (2)
project size and description, if applicable, and description of services.
(iv) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, onepage per project, to include:
(a) Role of the firm(b) Dollar value of the services
(c) Dollar value of the fee(d) Description of services
(e) Staffing
(f) Duration of providing services(g)Contact name, position, entity name, telephone number, fax number and e-mail address for each project.

Joe Machado Field Consession Stand

INSTRUCTION TO PROPOSERS
(H) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.(c) Termination or failure to complete a contract.(d) Debarment by any municipal, county, state, federal orlocal agency.(e) Involvement in litigation, arbitration or mediation.Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, orconviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a priorcontract.(f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract.
(g)Willful disregard for applicable rules, laws or regulations.Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate anunsatisfactory record of performance. c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(H) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Insurance: (limit: 3 pages - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

8. Litigation: (limit: 5 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

9. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently andcompleting projects on time and within the allocated budget.b. Description of community involvement.c. Description of any previous involvement with the City. d. A statement that the Proposer has no conflicts of interest in connection with providing the Services.

10. Certification of Proposal: This section shall state:
‘The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to theCity in accordance with the Request for Proposal (RFP), and to be bound by the terms and -6- Joe Machado Field consession Stand

INSTRUCTION TO PROPOSERS
conditions of the REP’

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP. Proposer is certifying that it takes no exceptions to this REP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, inparticular, the insurance and indemnification provisions therein.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State ofCalifornia. b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the REP.
d. Content of the proposal, including the work plan.e. Proposer’s experience and performance. f. Team members’ experience and performance.
g. Eee proposal.
h. Comments by references.

2. During the evaluation process. the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, orto allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection willbe made. The successful Proposer will be selected on the basis of information provided in theREP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable professional services agreement with the selected Proposer. In the event that the City is unable to reachagreement, the City will proceed, at its sole discretion, to negotiate with the next Proposerselected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the REP shall be submitted to the office of the City Clerk, 410 Avalon Canyon Road P.O. Box 707 Avalon, California90704 no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If Joe Machado Field Consession Stand
INSTRuCTION TO PROPOSERS
necessary, the proposal submittal deadline may be extended pending a resolution of the protest.

Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this REP is not in compliance with law. A protest must be filed in writing withthe City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 pm of the fifth business day after notification of thecontract award will be rejected by the City as invalid and the Proposer’s failure to timely file aprotest will waive the Proposer’s right to protest the contract award. The Proposer’s protest mustinclude supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review; The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide theProposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Codeclaim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows;

ACTION DATE
Release of Request for Proposal December 17, 2021Pre-Proposal Meeting Location; Joe Machado Field January 3, 2022Last Day to Submit Questions for Clarification January 10, 2022 received by the City on or before 4 pmClarifications Issued by City on or before 4 pm January 14, 2022 Deadline for Receipt of Proposals January 28, 2022
submitted on or before 4 pm February 17, 2022
Notification of Finalist(s) February ‘1, 2022Interview of Finalist(s February 7 11, 2022Notification of Intent to Award F4brary 15, 2022 Contract Begins March 1, 2022
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for theServices and City retains the sole discretion to cancel or modify any part of or all of this REP at -8- Joe Machado Field consesson Stand

INSTRUCTION TO PROPOSERS
any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this REP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall besupplied. The City reserves the right to request additional information which, in the City’s opinion,is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should beforwarded as part of the proposal. Emphasis should be concentrated on completeness, approachto the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work;familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, andcodes affecting the performance of the work; make such investigations, as it may deem necessaryfor performance of the Services at its proposal price within the terms of the Agreement; andcorrelate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Proposals submitted in response to this REP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successfulProposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis forclaiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted theinformation with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer’s objection to the City’s release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and -9- Joe Machado Field Consession Stand

INSTRUCTION TO PROPOSERS
agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

6. Submittal Instructions
The proposal must be received no later than 4 p.m. local time, on or before January 28, 2022 at the office of:

City Clerk
City of Avalon
410 Avalon Canyon Road
P.O. Box 707
Avalon, California 90704
The envelope should clearly indicate “Proposal for Joe Machado Field Concession Stand” and Proposer’s name and address shall appear in the upper left hand corner of the envelope. If more than one envelope is required. each envelope shall be legibly numbered below the name of the Proposer, e.g. Envelope 1 of 3, as required.

The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, and sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein forreceiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposaL

4. Costs for Preparing: The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the propertyof the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
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INSTRUCTION TO PROPOSERS

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, feenegotiation or other marketing costs associated with this REP.

6. Price Validity: Prices provided by Proposers in response to this REP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this REP and receipt of proposals does not commit the City to award a contract City expressly reserves the right to postpone theproposal for its own convenience, to accept or reject any or all proposals received in response to this REP. to negotiate with more than one Proposer concurrently: or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities: and to reject any and all, or parts of any and all proposals, whenever, inthe sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meetsCity’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender inconsideration for an award of contract.

Publication Date of REP: December 17, 2021
Amended : January 28, 2022
11 Joe Machado Field Consession Stand

INSTRUCTION TO PROPOSERS
EXHIBIT “A”

PROPOSED SCOPE OF SERVICES
The City of Avalon presents this opportunity for interested individual and/or businesses to submit proposals for the operation of the concession stand. It is the responsibility of the selected operator to make any necessary tenant improvements to operate the concession on behalf of the City. The operator shall have sole responsibility to finance and purchase all tenant improvements andadditional equipment. The concessionaire lease will take effect March 1, 2022.The concession facility is intended for food and beverages. The concession area is 279 square feet in size and is located adjacent to paved courtyard where seating may be placed at the discretion of the concessionaire.

Concessions operations are a key component to the overall character of Joe Machado Field. The selected proposer will be required to satisfy the following conditions as a part of the concession operations;Personnel
The operator will be responsible for hiring the necessary personnel to conduct the operation of the concession standS The operator will comply with all federal! state and local laws related to minimum wage! social security, nondiscrimination: unemployment compensation, and workers compensationS Employees shall wear a uniform or other means of identification.

Operating Hours
Hours of operation may vary, based upon seasons and weather. Minimum hours would include. but not be limited to all scheduled recreational and school game where attendance is greater than30 persons, as well as all scheduled public and private events requesting food services. Operatorhas first right of refusal for private events. Operator may choose to not open for team practices.

Off-Site Catering Opportunities
The facility may utilized for off-site catering opportunities. as such off-site catering does not impactthe operation of the concession stand for events at Joe Machado Field. If a conflict exists, the lessee must immediately stop the off-site catering and service Joe Machado Field. All scheduling of the facility: including concessionaire proposed hours of operation, shall be conducted through the City of Avalon Community Services Department. The Community Services Department shall maintain sole discretion as to approval.Menu Items
The concessionaire is expected to serve quality food and beverages to meet the needs of thevisiting public. Simple menu items such as hot dogs, hamburgers, fries, and other snacks should be offered at competitive prices. Beverages should include juices, water, and sodas. Beer and wine sales are permitted on the condition the operator receives any required licensing includingABC licensing to sell. The operations must comply with all aspects of the Avalon Municipal Code (AMC), including the City’s Fats, Oil, Grease (FOG) ordinance, Styrofoam, plastic straw andplastic bag ban ordinance. (BB&K 2019)
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Rental Agreement
The property will be ready to occupy by March 1, 2022. The successful proposer will be required to execute a professional services agreement with the City of Avalon, which is subject to formal approval by the City Council. The term of the contract shall be approximately 33 months, expiringon December 31, 2025. If both parties are satisfied the terms of the agreement are being met, the agreement shall be renewed for an additional 3-year term. The City will also have the right to terminate the agreement, with or without cause. upon sixty (60) days written notice. The Lessee will also be required to maintain a City of Avalon business license and shall procure and maintain insurance coverage as outlined in the professional services agreement.

List of Equipment and fixtures: Lessor Supplied

1. Air Curtain

2. Window with automatic air curtain

3. Mop sink, md faucet and mob hanger

4. Over shelf 24’xl 2’xl 0-78”

5. Tank less propane water heater (qty. 2)6. Hand sink7. Soap dispenser

6. Paper towel holder9. Over shelf 36’x12”xlO-7/8”

10. Sink, three compartment md. faucet
11, Sink! on compartment md faucet (prep)12. Reach in refrigerator, 2 sections

13. Reach in freezer, 1 section14. Locker15. Wire shelving x 6 qty, 1 6”x7”

16. Wire shelving x 6 qty, 16”x30”17. Wire shelving posts x B qty

18. Work table 24x48”x35” with double over shelf19. Work table 24”x30”

20. Refrigerated sandwich unit with over shelf and sneeze guard21. Work table 30”x18”

22. Hood, 84”x54”x24”23. Make up (air system)24. Fire suppression system (Ansul)

25. Range 24”, 4 open burners26. Char Broiler, 24”

27. Fryer md drain cabinet28. French fry warmer

29. Equipment stand 30”x24”x24” w/ 1” upturn on 3 sides

30. Worktable 30’x18”

31. Propane Tanks, 100 Gallon (qty 2)
(BB&K 2019)
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EXHIBIT “B”

CITY OF AVALON

PROFESSIONAL SERVICES AGREEMENT
r**MODEL
- REMOVE THIS TITLE WHEN USED***]

CITY OF AVALON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this
day of
20_, by and
between the City of Avalon, a municipal corporation organized under the laws of the State ofCalifornia with its principal place of business at 410 Avalon Canyon Road, Avalon, California 90704 (“City’) and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.**i, with its principal place of business at [***INSERT ADDRESS***] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.’

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing [***INSERT TYPE***] services to publicclients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.City desires to engage Consultant to render such professional services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***1 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE***J consultingservices necessary for the Project (“Services). The Services are more particularly described in Exhibit ‘A’ attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement. the exhibits attached hereto and incorporated herein by reference, and all applicable local: state and federal laws, rules and regulations. **INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYSDELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the (8B&K 2019)
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Services as set forth in Exhibit “A-I” attached hereto and incorporated herein by this reference.***]

3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***1, unless earlier terminated as provided herein. [***INSERT THEFOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than[INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term ofthis Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be underConsultants exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultantshall pay all wages, salaries, and other amounts due such personnel in connection with theirperformance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but notlimited to: social security taxes, income tax withholding, unemployment insurance, disabilityinsurance! and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that ithas the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City! Consultant shallprovide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnelof at least equal competence upon written approval of City. In the event that City and Consultantcannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement areas follows: [***INSERT NAME AND TITLE***]. (BB&K 2019)
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3.2.5 City’s Representative. The City hereby designates f***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (‘City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge theScope of Work or change the Consultant’s total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates [***INSERT NAME AND TITLE***1. or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative’). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques: sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional callingnecessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them, Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative: incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who failsor refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance 1***DELETE “arid Liquidated Damages” IF NO LDS INCLUDED1 and Liquidated Damages. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or ‘B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to (BB&K 2019)
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any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWINGSENTENCE ONLY IF YOU’RE INCLUDING LD’S — DELETE OTHERWISE — DON’T SIMPLY INSERT $0***] Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules andregulations in any manner affecting the performance of the Project or the Services, including allCal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable forall violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations. Consultant shall be solelyresponsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, itsofficials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3210.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to: examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years mmediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation ofany such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, andshall make them available to the City or its representatives for inspection and copy at any timeduring normal business hours. The City shall not be responsible for any costs or expenses related to Consultants compliance with the requirements provided for in Section 3.2.10 or any of its sub sections.
3210.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors andsubconsultants performing any work relating to the Project or this Agreement to make the sameverifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub subcontractors or subconsultants to meet any of the requirements provided for in Sections (BB&K 2019)
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3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employeeor applicant for employment because of race, religion, color, national origin, handicap, ancestry,sex or age. Such non-discrimination shall include, but not be limited to, all activities related toinitial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirementsimposed by the South Coast Air Quality Management District (SCAQMD) and/or California AirResources Board (CARB). Although the SCAQMD and CARS limits and requirements are more broad, Consultant shall specifically be aware of their application to “portable equipment”, which definition is considered by SCAQMD and CARS to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARS, or any other governmental or regulatory agency for violations of applicablelaws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultantis responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultantshall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include: but shall not be limited to: (A) adequate lifeprotection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants. such as safe walkways, scaffolds, fall protection ladders, bridges,gang planks: confined space procedures, trenching and shoring, equipment and other safetydevices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of allsafety measures.

3.2.11 Insurance. **CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE***] Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that (BB&K 2019)
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the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligationsunder such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability (CGL): Insurance Services Office Form CG 0001 covering CGL on an occurrence” basis, including products and completedoperations, property damage, bodily injury and personal & advertising injury with limits no less than $1 .000.000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto). or if Consultant has no owned autos, Code 8(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury andproperty damage. (C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease. (D) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession. with limit no less than 52000,000 per occurrence orclaim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the dateof the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Ifcoverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase extended reporting” coverage for a minimum of five (5) years after completion of contract work.

A copy of the claims reporting requirements must be submitted to the City for review. (E) Pollution Liability: [***OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete.JPollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanupcosts with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policyshall contain no endorsements or provisions limiting contractual liability or coverage for crossliability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuouscoverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (BB&K 2019)
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3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad asISO Form CG 2010 11 85 or both CG 20 10, CG 2026, CG 2033, or CG 2038; and CG 2037 forms if later revisions used).Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellationhas been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Notice of Cancellation: Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shallforthwith obtain and submit proof of substitute insurance. (C) Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. (D) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or beendorsed to contain such provisions.

3.2.11.5 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain anyendorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

3.2.11.6 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses withinthe retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (BB&K 2019)
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3211.7 Evidence of Insurance. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Citybefore work begins. However, failure to obtain the required documents prior to the work beginningshall not waive the Consultant’s obligation to provide them. The City reserves the right to requirecomplete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:Vll. unless otherwise acceptable to the City.

3.2.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to informConsultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.11.10 Reguirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, orother requirement, or a waiver of any coverage normally provided by any insurance. If theConsultant maintains broader coverage and/or higher limits than the minimums shown above, theCity requires and shall be entitled to the broader coverage and/or higher limits maintained by theConsultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligationsotherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessaryand any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of (BB&K 2019)
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liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Servicesunder this Agreement.

3.2.11.12 Insurance for Subconsultants. Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required fromsubconsultants.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fullyinformed of and in compliance with all local, state and federal laws, rules and regulations that mayimpact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees andsubcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, (BB&K 2019)
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willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forthin Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shallnot exceed [INSERT AMOUNT WRITTEN OUT) ($[INSERT NUMBER]) without written approvalof the City Council or City Manager as applicable. Extra Work may be authorized, as describedbelow, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, orsince the start of the subsequent billing periods, as appropriate, through the date of the invoice.City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputedand approved charges thereon. If the City disputes any of Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees setforth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit ‘C” of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work whichis determined by City to be necessary for the proper completion of the Project, but which theParties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorizationfrom the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewalas set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, (BB&K 2019)
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Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of perdiem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principalplace of business and at the project site. It is the intent of the parties to effectuate therequirements of sections 1771, 1774, 1175, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections tothe fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition,installation, or repair work, or a public works project of over $1 5.000 when the project is formaintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department ofIndustrial Relations (‘DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliancemonitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply withall applicable registration and labor compliance requirements, including the submission of payrollrecords directly to the DIR. Any stop orders issued by the Department of Industrial Relationsagainst Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require everyemployer to be insured against liability for Worker’s Compensation orto undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All suchrecords shall be clearly identifiable. Consultant shall allow a representative of City during normalbusiness hours to examine, audit, and make transcripts or copies of such records and any otherdocuments created pursuant to this Agreement. Consultant shall allow inspection of all work, data,documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
(BB&K 2019)
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3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may: by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause bygiving written notice to Consultant of such termination, and specifying the effective date thereof:
at least seven (7) days before the effective date of such termination. Upon termination: Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document andother information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein: City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Avalon
410 Avalon Canyon RoadAvalon, CA 90704
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual noticeoccurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,specifications, studies, drawings, estimates, and other documents or works of authorship fixed inany tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to beprepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall (55&K 2019)
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be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) daysfollowing the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultantshall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes nosuch representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be atCity’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmlessConsultant and its officers, directors, agents and employees from claims arising out of thenegligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsibleor liable for any revisions to the Documents & Data made by any party other than Consultant. aparty for whom the Consultant is legally responsible or liable, or anyone approved by theConsultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement. for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any personor entity in consequence of the use on the Project by City of the Documents & Data, including anymethod. process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, writteninformation, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, Such (BB&K 2019)
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materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothingfurnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction. in which case the City shall notify Consultant of its intention to release Proprietary Information.Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shallindemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court ofcompetent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City: its officials, officers,employees, volunteers, and agents free and harmless from any and all claims, demands: causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to propertyor persons, including wrongful death: in any manner arising out of, pertaining to, or incident toany acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’sServices: the Project or this Agreement, including without limitation the payment of all damages. expert witness fees and attorney’s fees and other related costs and expenses, except where caused by the active negligence, sole negliance, or willful misconduct of the City, its officials, officers, employees, volunteers and agents. Consultant’s obligation to indemnify shall not berestricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers:employees, agents, or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Codesection 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully (B5&K 2D19)
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incorporated herein, Consultant’s indemnification obigation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant,and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction,Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations. understandings or agreements. This Agreement may only be modified by a writing signed by bothparties.

3.6.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et g. prior to filing any lawsuit against the City. Such Government Code claims and anysubsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/orchanged conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall beconstrued simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultantsof Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents. and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of (BB&K 2019)
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this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,privilege, or service voluntarily given or performed by a Party shall give the other Party anycontractual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

36.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solelyfor Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee workingsolely for Consultant, any fee, commission, percentage, brokerage fee, gift or other considerationcontingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein! without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to allprovisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGEJ
(BB&K 2019)
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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF AVALON AND **INSERTNAME***]
CITY OF AVALON [INSERT NAME OF CONSIJLTANT9
[INSERT NAME OF LEGAL ENTITY9
By:
________________________________
By:
_____
[***INSERT NAME***] [***I NSERT NAME***J
[***INSERT TITLE***] [***I NSERT TITLE***]
Attest:

City Clerk
Approved as to Form:

Best Best & Krieger LLP
City Attorney
(BB&K 2019)
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EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE)
(BB&K 2018) Exhibit A’-1
EXHIBIT “A-I”

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]
(BB&K 2018) Exhibit !AI1!
EXHIBIT ‘B”

SCHEDULE OF SERVICES
[INSERT SCHEDULEJ
(BB&K 2018) Exhibit “B”-1
EXHIBIT “C”

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLYRENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.]
(BB&K 2018) Exhibit C’-1