AVALON CITY COUNCIL MEETING
WEDNESDAY, JUNE 8, 2022 — 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AS 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in thismeeting, please contact Denise Radde, City Clerk (310) 510-0220, Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council.
Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. 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-1 9. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments toaskcityofavalon .com.
The meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings *Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https:J/youtu.be/7CWVOKuMNWI
To submit comments live using ZOOM, please register in advance for this meeting:
https://usO6web.zoom.us/meetincj/reqisterltzApdemucjzsgHNbw42lht frxXNGVL65ekwn
ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link:
https:/lusO6web.zoom.us/j/84420650062?pwd=TjdxRkNjVOd 1 bjVpenBDajAzc2lyUTO9. even when submitting this request you will need to use the raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wishto provide comments.
CITY COUNCIL AGENDA
JUNE 8, 2022
PAGE 2
1) Join Zoom Meeting via the internet:
Direct URL:
https://us06web.zoom . us/j/84420650062?pwdTidxRkNjVOd 1 bjVpenBDajAzc2IyUTO9 Meeting ID: 844 2065 0062
During the meeting you will need to use the raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration. 2) Join Zoom Meeting via Phone Conference (Voice Only):
Phone Number: (346) 248-7799,
Meeting ID: 844 2065 0062
When you would like to comment during the meeting enter *9 on the phones key pad to activate the “raise hand” button at the time the Agenda Item is being presented for City Council consideration.
Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration. and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software.
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS I MAYOR REPORT
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.
PRESENTATIONS — 1. Finance Director Matthew Baker will provide an overview of the proposed Sewer, Saltwater, Solid Waste and Grease Fees to be included in the FY 2022-2023 Budget.
CITY COUNCIL AGENDA
JUNE 8, 2022
PAGE 3
2. Luke Schaner from Southern California Edison wiU provide a presentation to update the community regarding necessary steps to implement State 1: Mandatory Conservation per the utility tariffs,
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 May 17, 2022 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $1047996.10.o One payroll in the amount of $212,033.38. o Three electronic fund transfers totaling $67,823.13.
Recommended Action
Approve the disbursements for May 9, 2022 through May 27, 2022 totaling $1,327,852.61.
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 made findings pursuantto 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 local offidals 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 be made every thirty (30) days, the City Council will have to make these findings at its upcoming June 8, 2022 meeting and thirty (30) days thereafter.
Recommended Action
Determine that the COVID-1 9 state of emergency proclaimed by the Governor still existsand 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
JUNE 8, 2022
PAGE 4
4. Declare Excess/Old Equipment as Surplus
Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly.
Recommended Action
Adopt a resolution declaring equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
5. Catalina Island Yacht Club Lease
On May 3, 2022, City Staff were provided with a proposal from the Catalina Island YachtClub (CIYC). The proposal requests the City and CIYC enter into a new long-term lease agreement that would allow CIYC to justify necessary improvements to its facility at 30Casino Way, and align with the Tuna Club.
Recommended Action
Authorize the City Manager to negotiate with the Catalina Island Yacht Club to terminate the existing lease and subscription agreement and execute a new lease with revisedterms.
6. Approve Professional Services Agreement for Avalon Mode Shift Feasibility Study Avalon City Council accepted a grant on August 4, 2020 from the California Department of Transportation to study strategies that will enable the city to develop a multimodal transportation strategy to reduce reliance on personal motor vehicles, enhance the City’s public transportation services, and guide implementation of recommendations from the City’s previously completed Active Transportation Plan. The grant requirements require a competitive solicitation focused on the grant. A request for proposals was solicited and closed on May 20, 2022. W-Trans was the only firm to submit a proposal.
Recommended Action
Approve a Professional Services Agreement for the Avalon Mode Shift Feasibility Study for a not to exceed cost of $160000 with W-Trans, Inc.
PUBLIC HEARING
7. Fiscal Year 2022-2023 Miscellaneous Fee Schedule Workshop The City charges fees for miscellaneous public services, facility use/rental and activities.
User fees are assessed and collected for City services and programs provided by various departments. These are services that convey a benefit, grant a privilege, provide for review and enforcement of regulatory activities, enforce laws or are a condition of development. Under State law, cities may charge fees to recoup the direct and indirect costs related to the provision of user services.
Recommended Action
1. Open the Public Hearing to hear public comments. 2. Close the Public Hearing. 3.
Discuss and determine an appropriate fee increase. 4. If consensus, adopt the fee schedule.
CITY COUNCIL AGENDA
JUNE 8, 2022
PAGE 5
8. Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley
On April 20,2022, the Planning Commission of the City of Avalon took action on a request for approval of a Site Plan and a Setback Variance at 261 E. Whittley for the ongoing remodel of a duplex in the Medium Density Residential zone. On May 3, 2022 Charles Canby. and other surrounding property owners, filed a timely appeal of the PlanningCommission’s decision, requesting that the City Council hear the Project at a public hearing.
Recommended Action
1. Open the Public Hearing to hear public comment. 2. Close the Public Hearing. 3.
Discuss and determine appropriate action by either a.) Affirm the action of the Planning Commission; b.) Require a transcript or recording of the testimony, and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; c.) Refer the matter back to the Commission, with or without instructions for further proceedings; or d.)Continue the matter for hearing on another date before itself. (Avalon Municipal Code Section 9-8.601)
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Wednesday, June 8, 2022 was posted on Wednesday, June 1, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Administrative Analyst and Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 2022 AGENDA ITEM: 1ORIGINATING DEP: City Clerk CITY MANAGER:__________ PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council MinutesRECOMMENDED ACTION(S): Approve minutes from the May 17, 2022 Regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.ATTACHMENTS:
1) May 17, 2022 Regular City Council Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, MAY 17, 2022
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS 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 COUNCIL and PLANNING
COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The genera! public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once theCouncil Chambers reach maximum occupancy, the general public may participate inOral 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 orexhibiting symptoms of COVID-19. Additionally, the general public may participate inOral Communication and address the City Council on an agenda items by providingcomments via Zoom or by sending comments to askcityofavalon.com.
CALL TO ORDER — 5:00 p.m.
ROLL CALL — Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Cinde Cassidy, Lisa Lavelle, Michael Ponce and Yesenia De La Rosa.
Also present: City Manager David Maistros, BB&K Attorney Elizabeth Hull, and Administrative Analyst and Deputy City Clerk Devin Hart. Absent: Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones, City Clerk Denise Radde andCity Attorney Scoff Campbell.
WRITTEN COMMUNICATIONS -None
PRESENTATIONS — Presentation #1 was removed from the agenda.
1. Members of the Humane Society will present a gift of appreciation to Will Richards for his improvements to the Pet Cemetery.
2. Finance Director Matthew Baker provided an overview of Capital Improvement Projects included in the FY 2022-2023 Budget.
CITY COUNCIL MINUTES
MAY 17, 2022PAGE 2
CONSENT CALENDAR-There were 7 Items on the Consent Calendar. Motion toapprove Items #1-#7 made by Cinde Cassidy, seconded by Michael Ponce. (All Ayes)
1. Minutes
Approved minutes from the May 3, 2022 regular City Council Meeting.
2. Warrants
Approved warrants in the amount of $753,322.60, one payroll in the amount of $193706.60. five electronic fund transfers totaling $207,319.96 totaling $1,154,349.16 for April 25, 2022 through May 6, 2022.
3. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361Determined 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 tohave 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.
4. Federal Grant Policies and Procedures Manual
Adopted Resolution 22-28 of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency adopting the Federal Grant Policies and Procedure Manual.
5. Avalon Harbor Waste Tank Pump-Out Float Contract Price Increase Approved a contract price increase of $37,485.00 for the Waste Pump-Out and Freshwater Fill-Up Float Replacement Project with Diversified Composites Incorporated.
6. Approve the Resolution Supporting Submittal of an Application to the State of California’s State Active Transportation Grant Program Cycle 6(1) Approved the Resolution supporting the ATP Cycle 6 grant application.(2) Approved the submittal of the ATP Cycle 6 grant application for the Five Corners Project.
Adopted Resolution No. 22-29 of the City of Avalon Supporting the Application to the State of California’s State Active Transportation Grant Program Cycle 6.
CITY COUNCIL AGENDA
MAY 17, 2022PAGE 37. Approval of an Additional One-Time $50 Commuter Book Subsidy for the Month of June 2022 and Extension of Regular $85 subsidy through December 31, 2022 Approved an additional one-time $50 commuter book subsidy for the month of June 2022 and extend the existing regular $85 subsidy through December 31,2022.
GENERAL BUSINESS8. Consideration of Transportation Permit — Sara Mintz and Juan Saldana, dba Avalon Local Tour
Made the affirmative finding that the criteria set forth in Avalon Municipal CodeSection 5-14.04 has been meet and approved the Transportation Permit application submitted by Sara Mintz and Juan Saldana.
Motion to approve made by Cinde Cassidy, seconded by Yesenia De La Rosa.(All Ayes) Mayor Marshall adjourned the meeting at 6:39 p.m.I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of theRegular City Council Meeting on May 17, 2022, is the official record of the CouncilMeeting and is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8. 2022
ORIGINATING DEP: Finance
PREPARED BY: Matthew Baker, Finance Director
AGENDA ITEM:
CITY MANAGER:
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for
2022 totaling $ 132785261
May 9, 2022 through May 27,
REPORT SUMMARY: These disbursements through May 27th are comprised of warrants totaling $1,047,996.10, one payroll totaling $212,033.38, and other electronic fund transfers totaling $67,823.13.
ITEM DESCRIPTION
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS:
the FY21-22 Budget
AMOUNT DATE
There are sufficient funds available, and the expenditures are included in CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
FOLLOW UP ACTION: N/A
N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
GF US BANK WARRANTS CK# 34231-34381 $ 1,047,996.10 05/27/22 PAYROLL 212,033.38 05/20/27EFT -CALPERS RETIREMENT 32,749.55 05/09/22EFT -CALPERS RETIREMENT 32,472.26 05/16/22EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,601.32 05/27/22 TOTAL DISBURSEMENTS $ 1,327,852.61
ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details
CITY OF AVALON
MAY 9,2022 - MAY 27, 2022 DISBURSEMENTS
June 8, 2022
ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CK# 34231-34381 $ 1041,996.10 05/27/22 PAYROLL 212,033,38 05/20/27
EFT -CALPERS RETIREMENT 32,749.55 05/09/22EFT - CALPERS RETIREMENT 32,472.26 05/16/22 EFT
- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,601.32 05/27/22 TOTAL DISBURSEMENTS $ 1,327,852.61
CERTIFICATE
IN ACCORDANCE WITH SECTION 32102OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMFNT.
APPROVED AND AUDITED THIS
8TH DAY OF JUNE 2022 CERTIFY UNDER PENALTY OF PERJURY
THAT THE POREGOING IS TRUE AND
CORRECT.
AUDIT COMMITFEE
- LISA LAVELLE EXECUTED THIS 8TH DAY OF JUNE 2022
AUDIT COMMITTEE- YESENIA DE LA ROSA F’NANCE DIRECTOR- MATTHEW BAKER
CITY OF AVALON
MAY 9, 2022 - MAY 27, 2022 DISBURSEMENTS
June 8, 2022
NAME
AM OIL NCAIR SOURCE INDUSTRIES
AL LARSON BOAT SHOP, INC.AMAZON CAPITAL SERVICES, INCAT & T
AVALON ENVIRONMENTAL SVCSAVALON FREIGHT SERVICES, LLC
AVALON MOORING & DIVING
BEYOND SOFTWARE SOLUTIONS
BROWN, MARISA
CARUSO FORD
CATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCATALINA EXPRESS
CATALINA ISLAND COMPANYCATALINA ISLAND MEDICAL CENTERCATALINA ISLAND MEDICAL CENTER
CATALINA ISLANDER
CATALINA YAMAHACIGNA HEALTH AND UFE INSURANCECIVICPLUS, LLC
COLLINS COLLINS MUIR & STEWARD, LLPCOOK, AMANDA
FIFTH ASSET, INC.DELTA DENTAL
MO. DION & SONS. INC.PENGUIN MANAGEMENT INC
EMS SAFETY SERVICES. INCENNIS PAINT, ‘NCESG ENG!NEERINC
ESG ENGINEERINGESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGESG ENGINEERING
ESG ENGINEERING
ESG ENGINEERING
ESG ENGINEERINGFIDELITY SECURITY LIFE INSURANCEFIDELITY SECURITY LIFE INSURANCE
FORTIN, KELLY
GANAHL LUMBER COMPANy
GRAINGERHDL COREN & CONE
FUEL-ALL DEPTS
SUPPLIES-FIRE
SERVICE - HARBORSUPPLIES - ALL DEPTSCOMMUNICATIONS- ALL DEPTS CONTRACT SERVICES, SWEEPER - 04/2022
FREIGHT ‘ALL DEPTS
SERVICE- HARBOR
CONTRACT SERVICES- ITRETIREE INSURAMCF -04/2022
SUPPLIES - GARAGESUPPLIES- ALL DEPTS
INTERNET- ALL DEPTS1ST HALF -04/2022
RENT -05/2022EMPLOYEE SCREENING
SALES TAX PASS THRU
ADVERTISING-ALL DEPTS
SUPPLIES - GARAGE
REFUND -AMBULANCE FEES
SERVICE - ADMIN
LITIGATION COSTSRETIREE INSURANCE -05/2022
SERVICE - FINANCE
DENTAL -05/2022FUEL - HARBOR
SERVICE - FIRETRAINING -FIRE
SUPPLIES - STREETSSERVICE - PUBLIC WORKS
SERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS
SERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS
SERVICE - PUBLIC WORKS
SERVICE-PUBLIC WORKSSERVICE- PUBLIC WORKSSERVICE- PUBLIC WORKS
SERVICE-PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS
VOID- MULTI STUB CHECKVISION
- 04-05/2022
LITIGATION COSTSSUPPLIES - RECREATIONSUPPLIES -HARBOR
SERVICE - FINANCE
DESCRIPTION
CHECK DATE
NUMBER ISSUED AMOUNT
34231 DS/13/2022 3,316.9134232 05/13/2022 8320
34233 05/13/2022 31,7313234234 05/13/2022 1,60479
34235 OS/13/2O22 2,737.4034236 05/13/2022 140,512.0334237 05/13/2022 92.32 34238 05/13/2022 7,824.40
34239 05/13/2022 3,S74.00
34240 05/13/2022 588.9034241 05/13/2022 192.0634242 05/13/2022 2,286.54 34243 05/13/2022 2,003.7534244 05/13/2022 17,773.5034245 05/13/2022 8,178.00 34246 05/13/2022 516.8134247 05/13/2022 60,269.0134248 05/13/2022 2,644.48 34249 05/13/2022 135.6534250 05/13/2022 225.9834251 05/13/2022 50,7036534252 05/13/2022 15,658.83 34253 05/13/2022 705.8734254 35/13/2022 9,750.0334255 05/13/2022 6,044.31 34256 05/13/2022 386.1234257 05/13/2022 481.00
34258 05/13/2022 313.50
3’259 05/13/2022 2,24825
3’260 05/13/2022 29,18483
34261 05/13/2022 75875
34262 05/13/2022 6400034263 OS/13/2022 4.0186634264 05/13/2022 720.00 34265 05/13/2022 360.0034266 05/13/2022 6,057,1334267 05/13/2022 17,277.1534268 05/13/2022 6,763,00 34269 05/13/2022 4,914,7134270 05/13/2022 1,080.00
34271 05/13/2022 7.7750034272 05/13/2022 - 34273 05/13/2022 1,948.01 34274 05/13/2022 6,805.8734275 05/13/2022 311.6434276 05/13/2022 1,611.31 34277 05/13/2022 1,386.97
CITY OF AVALON
MAY 9, 2022 - MAY 27, 2022 DISBURSEMENTS
June 8,2022
CHECK DATE
NUMBER ISSUED AMOUNT NAME
HEALTH NETHOME DEPOT CREDIT SERVICESLUPO, KARLA
BLUE L!GFIT. INC.
ISLAND EXPRESS
KARSTENS. KARLLINDE GAS & EQLHPMENT INC.
LLEWELLYN SUPPLY CO.MANAGED HEALTH NETWORKMASA
MATTHEWS INTERNATIONAL CORPORATIONMCMASTER-CARRMED-TECH RESOURCE, INC.
MM INTERNET, INC.MONTROSE ENVIRONMENTAL SOLUTIONSNAPA AUTO PARTS QUADIENT LEASING USA, INC.
QUILL CORP
SAND TRAP
SHERWIN-WILLIAMSSIRINS CLEANING SERVICE
SOUTH COAST AQMDSOUTH’A’EST MARINE RESOURCE, INC.
SPECIALTY DOORSSTANDARD iNS’JRANCE COMPANYSTANDARD INSURANCE COMPANY
STATE LANDS COMMISSIONTHE BEACH STANDTOWNSEND PUBLIC AFFAIRS, INC
UNDERGROUND SERVICE ALERT/SCCORPORATE PAYMENT SYSTEMS
CORPORATE PAYMENT SYSTEMSWEST MARINE PROWITTMAN ENTERPRISES, LLC
XEROX CORPORATION
YU, HONGZOLL MEDICAL CORP.ALUANT INSURANCE SERVICESAAA OIL, INC ADLER WESTERN, INC.AMAZON CAPITAL SERVICES, INC.
DESCRIPTION
REFUND -AMBULANCE FEES
SUPPLIES -HARBOR & PUBLIC WORKSSERVICE- RECREATION
LITIGATION COSTSFREIGHT -GARAGE
REIMB .0/P COSTS
SERVICE - HARBOR
SUPPLIES-HARBOR
SERVICE -ADMIN
DUES - 05/2022
SUPPLIES - CEMETERYSUPPLIES - HARBOR & GARAGE
SUPPLIES - FIRECOMMUNICATIONS
- ALL DEPTS
CONTRACT SERVICES - 04/2022
SUPPLIES -GARAGE
LEASE PAYMENT
SUPPLIES - ALL DEPTSSENIOR MEALS- 01-03/2022
SUPPLIES - HARBOR
1ST HALF 5/2022
PERMIT FEE- WWP
SERVICE - HARBORSERVICE - FIRE
VOID - MULTI STUB CHECK
LIFE ‘NSURACE -04-05/2022
SERVICE - PUBLIC WORKS
RENT RECONCILIATION 2021
SERVICE - ADMINSERVICE - PUBLIC WORKS
VOID - MULTI STUB CHECKSEE ATTACHED DETAILSUPPLIES - HARBOR
SERVICE - FINANCECOPIER LEASE - ADMIN
REFUND - AMBULANCE FEES
SUPPLIES - FIRE
INSURANCE POLICY FY23FUEL - ALL DEPTS
SUPPLIES - HARBOR
SUPPLIES -ALL DEPTS
34278 05/13/2022 1,620.00
34279 05/13/2022 1,127.5434280 05/13/2022 280.0034281 05/13/2022 160.2034282 05/13/2022 62.50 34283 05/13/2022 200.0034284 05/13/2022 187.6134285 DS/13/2022 3,035.07 34286 05/13/2022 286.0034287 05/13/2022 951.0034288 05/13/2022 1,169.94 34289 05/13/2022 3BS.9234290 05/13/2022 233.6634291 05/13/2022 344.10 34292 05/13/2022 111,102.0734293 05/13/2022 255.57
34294 05/13/2022 723.60
34295 05/13/2022 929.0334296 05/13/2022 1,020.0034297 05/13/2022 1206234298 OS/13/2022 8,890.10 36299 DS/13/2D22 143.8836300 DS/13/2022 3,000.0036301 05/13/2022 3,156.98 34302 05/13/2022 -34303 05/13/2022 2,4113834304 05/13/2022 146.95 34305 05/13/2022 1,999.19
34306 05/13/2022 5000.00
34307 05/13/2022 36.4034308 05/13/2022 -34309 05/13/2022 15,330.94 34310 05/13/2022 149.3334311 05/13/2022 3,375.0034312 05/13/2022 600.17 34313 05/13/2022 2,173.00
34314 05/13/2022 109.37
34315 05/18/2022 499.7334316 05/27/2022 2663.5934317 05/27/2022 1213.81 34318 05/27/2022 6622.51
CITY OF AVALON
MAY 9,2022 - MAY 27, 2022 DISBURSEMENTS
June 8, 2022
AMOUNT NAME
547.00 ASAP DRUG SOLUTIONS, INC
3,446.60 AT & T
1,017.44 AVALON FREIGHT SERVICES, LLC2,294.40 HICKMAN, JESSICA 541.00 AVALON MOORING & DIVING
12,901.35 BEST, BEST & KRIEGER, LLP
2,818.00 BEYOND SOFTWARE SOLUTIONS
797.50 CANBY, CLAUDIA
2,241.17 CATAlINA BEVERAGE CO
49.95 CATALINA BROADBAND SOLUTIONS
94,417.00 CATALINA CHAMBER OF COMMERCE
24,083.33 CATALINA COASTAL TOURS & FISHING
19,941.00 CATALINA EXPRESS
7,20000 LONG, DAVID
4,81248 CATALINA ISLAND COMPANY
1,15457 CATALINA ISLANDER
248.00 CATALINA PEST CONTROL
6,27416 CIRA
139,202.40 CC. OF LOS ANGELES SHERIFFS DEPT.
1L,10110 COMMERCIAL RECREATION SPECIALISTS
1,19513 COMPRESSED AIR SPECIALTIES, INC
414.53 DANGELO CO733.52 DE LA ROSA, YESENIA
818.00 DEWEY PEST CONTROL407.88 MO. DION & SONS, INC.
729.08 EU’S ISLAND DELI
1,396.58 GANAHL LUMBER COMPANY
774.19 GARCIA, BEllY JO
519.79 CRAINGER
317.31 INTERNAL REVENUE SERVICE286.00 ISLAND EXPRESS
70392 ISLAND FIRE EXTINGUISHERS. INC.
DESCRIPTION
EMPLOYEE SCREENINGS
COMMUNICATIONS - ALL OEPTSFREIGHT
- ALL DEPTS
SERVICE - RECREATIONSERVICE - HARBOR
LEGAL FEES - 04/2022
CONTRACT SERVICES - ITSERVICE - GARAGE & HARBOR
SUPPLIES - ALL DEPTSSERVICE - PUBLIC WORKS
TOT - 06/2022CONTRACT SERVICES - 06/20222ND HALE 04/2022
CONTRACT SERVICES
-CD0
PARCELS FY22
ADVERTISING
- ALL DEPTS
SERVICE
- HARBOR
WORKMAN’S COMP - 01/22-03/22WATERFRONT PATROL/RESIDENT DEPUTY 04/22SUPPLIES - RECREATON
SUPPLIES - EIRE
SUPPLIES - PUBLIC WORKS
REIMB 0/P COSTS
SERVICE - ALL DEPTS
EUEL - HARBORRENT RECONCILIATION 2021
SUPPLIES -HARBOR
RETIREE INSURANCE - 06/2022
CRAINGER -SUPPLIES PUBLIC WORKS/FIRE
DUES - FINANCEFREIGHT - GARAGE
SERVICE - PUBLIC WORKS
CHECK DATE
NUMBER ISSUED
3431934320
34321
34322
343233432434325
3 43 2 634321
343283432934330
34331
34332
343333433434335
3433634337
3433834339
343403434134342
3434334344
343453434634347
3434834349
34350
os/2 7/202 2
OS/2 1/2022OS/2 7/202 2
05/27/202205/27/2022
05/27/202 205/27/2022
05/27/2022OS/2 7/20 22
OS/2 7/20 2 2OS/2 7/20 2 2
oS/2 1/202 2OS/2 1/2022
OS/2 7/2 02 2OS/2 1/2 02 2
OS/2 7/202 205/27/2022
OS/2 7/2 02 2OS/2 7/202 2
OS/2 7/2 0 2 2OS/2 7/2 02 2OS/2 7/2 02 2
OS/2 7/202 2OS/2 7/202 2
OS/2 7/202 205/27/202205/27/2022
05/27/202 2OS/2 7/202 2
OS/2 7/202 205/27/ 20 2 2
OS/2 7/20 2 2
CITY OF AVALON
MAY 9, 2022 - MAY 27, 2022 DISBURSEMENTS
June 8, 2022
CHECK
NUMBER
$ 1,047,996.10
M ASAMATTHEWS INTERNATIONAL CORPORATIONMOFFATT & NICHOL MORAND, DUDLEYMORONES. GABRIELLENAPA ALTO PARTS
RENT RECONCILIATION 2021
HHW DISPOSAL/SUPPLIES - RECREATION
SENIOR MEALS
- 04/2022
SUPPLIES - HARBOR
UNIFORMS - FIRE
SERVICE - HARBOR
DUES - U5/2022
SUPPLIES - CEMETERY
SERVICE - PLANNING
RETIREE INSURANCE - 05/2022REIMB 0/P COSTS
SUPPLIES - GARAGE
REFUND - RENTAL FEE
SUPPLIES - FIRESERVICE -FINANCE
SUPPLIES -HARBOR
SUPPLIES - ALL DEPTSCOPIER LEASE - PLANNINGCOPIER ELASE - PLANNINGSERVICE -SUCCESSOR AGENCY SERVICE - FIRE2ND HALF 05/2022
PERMIT FEES - FIRE
SOFTWARE LEASE -FINANCESEE ATTACHED DETAIL
CONTRACT SERVICES 05/2022COMMLJNICATONS
- ALL
REIMB 0/P COSTS
RENT RECONCILIATION 2021RENT RECONCILIATION 2021
SUPPLIES -FIRE
DATE
ISSUED AMOUNT NAME DESCRIPTION
ISLAND WATER CHARTERS, INC.
ORDAHL CONSTRUCT ON
KATIE S KITCHENKINGSCOTE CHEMICALS
L.N. CURTIS & SONSLINDE GAS & EQUIPMENT INC.
34351
3235234353343543435534356
34357
34358
34359
34360343613436234363
34364
3436534366
34367343683436934370
3437134372343733437434375
3437634377343783437934380
34381
OS/2 7/202 2
05/? 7/202 2
05/27/2022
05/27/2022
05/27/202205/27/202205/27/202205/27/202205/27/2022
05/27/202205/27/202205/27/2022OS/2 7/202 2OS/2 1/202 2
OS/2 1/202 2
OS/2 7/2 02 205/? 7/2 02 2
05/27/202205/27/2 02 2OS/2 7/202 2OS/2 7/202 2
Os/2 7/202 2Os/2 7/202 2os/2 7/202 2Os/2 7/202 2Os/2 7/202 2 Os/2 7/20 2 2Os/2 7/2022Os/2 7/20 2 2Os/2 7/20 22Os/2 7/2 0 22 179.62
3,893,11
300.00649.43
404.20
642.19
951.00
s36.26
6,335.00
433.45
11.99 267.07
100.00
225.60
3,700.00
1,356.72
715.16908.90908.65
337.50
1,071.76
8,890.10
143.88
3,554.38
555.38
14,447.93
1,857.42
214.58
3,061.40
104.96
920.43
NEVILLE, ALLISON
SAN DIEGO COFFEE, TEA & SPICE, INC.OPENGOV, INC.
RICHARDSON REPRESENTATIVE CORP
QUILL CORP
RICOH AMERICAS CORPRICOH USA, INC.ROSENOW SPEVACEI< GROUP, INC SACRAMENTO METROPOLITAN FIRE DISTSIRIA’S CLEANING SERVICESOUTH COAST AQMD
SUPERION, LLCCORPORATE PAYMENT SYSTEMSVEGA, EDMUNDOVERIZON WIRELESS
MARSHALL ANN
WEEKS, YOSHIWENGER, GREGWITMER PUBLIC SAFETY GROUP, INC.
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MAY 13, 2022
June 7,2022
LAST NAME POST DATE AMT LJSD VENDOR DESCRIPTION DEPARTMENT MORONES 4/6/2022 23600 CAPTUS PRESS INC. TRAINING ADMINISTRATIONMORONES 4/11/2022 8.95 USPS OFFICE SUPPLIES ADMINISTRATIONHART 4/11/2022 39620 VISTAPRINT OFFICE SUPPLIES ADMINISTRATION ALEGRIA 3/31/2022 71495 B & H PHOTO COMMUNICATION SUPPLIES FIRE ALEGRIA 4/4/2022 158.63 THE HOME DEPOT GARDENING SUPPLIES FIRE RADDE 3/18/2022 40800 CITRIX SYSTEMS IT SUPPLIES ADMINISTRATION RADDE 3/30/2022 190.28 NORTH SHORE DOOR PARTS MAINTENANCE SUPPLIES ADMINISTRATIONRADDE 4/4/2022 82.96 CYBERLYNI< IT SUPPLIES ADMINISTRATION RADDE 4/4/2022 24.35 VAST CONFERENCE COMMUNICATIONS ADMINISTRATION CARSTARPHEN 3/16/2022 102.40 GALLS UNIFORMS HARBOR
CARSTARPHEN 3/16/2022 7930 MARINE DIESEL SERVICE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 3/18/2022 6.02 CHET’S HARDWARE FUEL MAINTENANCE HARBOR CARSTARPHEN 3/29/2022 3.99 WEATHERFLOW WEATHER SERVICE SUBCRIPTION HARBORCARSTARPHEN 4/1/2022 93.60 WINDTEK INC. WINDSOCK HARBOR CARSTARPHEN 4/6/2022 533.96 DATATEL PAYMENT SERVICE HARBORCAMPBELL 3/18/2022 10400 SENDHUB JOB ADVERTISEMENT HUMAN RESOURCESCAMPBELL 3/18/2022 538.20 LINKEDIN JOB ADVERTISEMENT HUMAN RESOURCES CAMPBELL 3/31/2022 513.77 LINKEDIN JOB ADVERTISEMENT HUMAN RESOURCESCAMPBELL 4/5/2022 550.00 LIEBERT CASSIDY WHITMORE TRAINING HUMAN RESOURCESCAMPBELL 4/6/2022 (35000) WESTERN REGION IPMA-HR TRAINING REFUND HUMAN RESOURCES CAMPBELL 4/13/2022 513.38 LINKEDIN JOB ADVERTISEMENT HUMAN RESOURCES CAM’BELL 4/15/2022 35.80 USPS FREIGHT HUMAN RESOURCES
HERNAN’DEZ 3/16/2022 40.39 CHEFS HARDWARE HARBOR MNNTENANCE PUBLIC WORKS HERNANDEZ 3/16/2022 465.23 THE HOLLAENDER MFG COMPANY MAINTENANCE SUPPLIES PUBLIC WORKSHERNANDEZ 3/17/2022 17.57 CHET’S HARDWARE HARBOR MAINTENANCE PUBLIC WORKS HERNANDEZ 3/21/2022 32.98 CHEFS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKSHERNANDEZ 3/22/2022 15.98 PEBBLY BEACH BUILDING SUPPLY HAR3OR MAINTENANCE PUBLIC WORKSHERNANDEZ 3/31/2022 11.62 CHEFS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKSHERNANDEZ 3/31/2022 1.63 CHEFS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/31/2022 6.62 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 4/1/2022 29.66 PEBBLY BEACH BUILDING SUPPLY HARBOR MAINTENANCE PUBLIC WORKSHERNANDEZ 4/4/2022 66.85 PEBBLY BEACH BUILDING SUPPLY HARBOR MAINTENANCE PUBLIC WORKSHERNANDEZ 4/5/2022 40.69 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKSHERNANDEZ 4/8/2022 960.48 SIMPLE TIRE GARAGE SUPPLIES PUBLIC WORKS HERNANDEZ 4/13/2022 99.39 CHET’S HARDWARE GARAGE SUPPLIES PUBLIC WORKSHERNANDE? 4/15/2022 55.52 CHET’S HARDWARE HARBOR MAINTENANCE PUBLIC WORKSHERNANDEZ 4/15/2022 72.63 CHEFS HARDWARE WWTP SUPPLIES PUBLIC WORKS HERNANDEZ 4/15/2022 18.33 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKSHMIELAK 3/18/2022 483253 GOLDAK INC. SEWER MAINTENANCE SUPPLIES PUBLIC WORKSHMIELAK 3/23/2022 168.30 PARTSVU.COM FLOAT MAINTENANCE PUBLIC WORKS HMIELAK 3/23/2022 (168.30) PARTSVU.COM CREDIT PUBLIC WORKSHMIELAK 3/24/2022 119.01 PEBBLY BEACH BUILDING SUPPLY HARBOR MAINTENANCE PUBLIC WORKSHMIELAK 3/24/2022 70.32 PEBBLY BEACH BUILDING SUPPLY HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 3/25/2022 18.00 CHEfS HARDWARE HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 3/26/2022 1,689.04 ALIBABA.COM HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 3/28/2022 216.58 DECALS BY DESIGN TRANSIT MAINTENANCE PUBLIC WORKSHMIELAK 4/1/2022 39.S6 CHET’S HARDWARE HARBOR MAINTENANCE PUBLIC WORKSHMIELAK 4/6/2022 36.83 CHEFS HARDWARE HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 4/6/2022 4481 CHEFS HARDWARE HARBOR MAINTENANCE PUBLIC WORKSHMIELAK 4/7/2022 41.14 CHEFS HARDWARE MA!N’ENANCE SUPPLIES PUBLIC WORKSHMIELAK 4/8/2022 26.27 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 4/8/2022 25.24 HOSE IN A HURRY MA!NTENANCE SUPPLIES PUBLIC WORKSHART 3/18/2022 21.99 OTC BRANDS EASTER SUPPLIES RECREATION HART 3/21/2022 46385 OTC BRANDS EASTER SUPPLIES RECREATIONHART 3/24/2022 31.87 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 3/24/2022 16.70 VONS SPORTS SUPPLIES RECREATIONHART 3/25/2022 128.99 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATION HART 3/28/2022 3189 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATION
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MAY 13, 2022
June 7, 2022
LAST NAME POSTDATE AMTUSD VENDOR DESCRIPTION DEPARTMENTHART 3/28/2022 101,49 OTC BRANDS EASTER SUPPLIES RECREATIONHART 4/1/2022 20.86 CHETS HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 4/8/2022 237.52 OTC BRANDS EASTER SUPPLIES RECREATIONHART 4/15/2022 44.81 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 4/15/2022 191.32 VONS EASTER SUPPLIES RECREATION $ 15,330.94 CHECK NO 34309
CITY OF AVALON
US BANI< CREDIT CARD CHARGES PAID MAY 27, 2022
June 8, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTBAKER 4/18/2022 55538 EMBASSY SUITES LODGING FNANCE 55538 CHECK 34375
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 2022 AGENDA ITEM: 3
ORIGINATING DEP: City Attorney CITY MANAGER:
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): 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 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 safetyof attendees.
REPORT SUMMARY: Traditionallythe Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconference are 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 Newsoms 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 EO 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 underAB 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 aGovernor-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
65059.00000\3452048 1.1
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 CDVI D-19 emergency still exists. Although vaccinesare now widely available, many people in the State and County are still not fully vaccinated and remain 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 a new variant of the Omnicron variant, The County of Los Angeles recently re-instituted some mandates given the rise in cases and deaths nationally. The City’s economy is dependent upon visitors to the island, the presenceof 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 to COVID-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 May 17, 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 Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the CDVI D-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 aresult of the CDVI D-19 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 July 5, 2022 meeting and thirty (30) days thereafter.
It is recommended that the City Council make these findings.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the CDVID-1 9 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its July 5, 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.
6509.0003520811
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 2022 AGENDA ITEM: ‘4
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: Devin Hart, Administrative Analyst
SUBJECT: Declare Excess/Old Equipment as Surplus
RECOMMENDED ACTION(S): Adopt a resolution declaring equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of equipment that theCity of Avalon (“City”) no longer uses and is insufficient for the current needs of the Community Services. The listed surplus equipment is no longer intended to be used.
Year I Make! Model Dimensions
Wibit Sport — 2018 Open Water Roundabout 12 x 12 ft
FISCAL IMPACTS: Unknown
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old, unused, and inoperable vehicles that adds to the clutter at City facilities.
FOLLOW UP ACTION; Implement City Council direction,
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVALON DECLARING SPECIFIED EQUIPMENT
TO BE SURPLUS AND AUTHORIZING
THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and willbenefit the City:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City’s services and programs and therefore surplus property, to be disposed of as indicated below:
Year! Make I Model Djmensio
WthiI Sport —2018 Open Water Roundabout 12 x 12 ft
Section 2. Staff is authorized to dispose of the listed equipment in accordance with the foregoing provisions.
PASSED, APPROVED AND ADOPTED this 8th day of June, 2022.
Ayes:
Noes:
Absent:
Abstain:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 2022 ADENDA ITEM: S
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: David Maistros, City Manager
SUBJECT: Catalina Island Yacht Club Lease
RECOMMENDED ACTION(S): Authorize the City Manager negotiate with the Catalina Island Yacht Club to terminate the existing lease and subscription agreement and execute a new lease with revised terms.
REPORT SUMMARY: On May 3, 2022, City Staff were provided with a proposal from theCatalina Island Yacht Club (CIYC). The proposal requests the City and CIYC enter into a new tong-term tease agreement that would aflow CIYC to continue the substantial yearly investments necessary to preserve” its facility at 30 Casino Way.
The CIYC has occupied the property at 30 Casino Way since August 24, 1924. More recently, CIYC and the City of Avalon entered into its current lease and subscription agreement in 1995.
The initial term of the lease was 15 years with an additional 10 year extension. In 2006 the City and CIYC entered into a first amendment to this lease and subscription agreement establishing increasing the minimum donation from CIYC to benefit the City of Avalon and/or its residentsas well as establishing a new base rent rate.
In 2017. CIYC and the City enter into a second amendment to the lease and subscription agreement. The second amendment:
- Extended the initial term of the lease to 2023 and extended the renewal term by 10 years potentially extending the lease to 2033.
- Required the lease rate to be subject to annual CPI.
- Required CIYC to make improvements to maintain the structure at a minimum $30,000 each year subject to annual CPI.
- Required the annual minimum pledge amount to increase by CPI each year.
In the May 3, 2022 proposal, CIYC requests a new 20 year lease term, with two 10-year extension periods. If approved, this lease will align with the term granted to the Tuna Club in 2021 and would potential extend the CIYC lease to 2062.
Additionally, the proposal outlines a large number of capital improvement projects CIYC plans to complete to improve its clubhouse. Included in the list of projects is installation of retaining walls to mitigate potential rock slides caused by erosion to the hillside area facing the clubhouse. CIYC wishes to partner with the City on this project and has allocated approximately $160,000 to support this effort.
It is anticipated that the retaining wall will create parking spaces opposite CIYC. The lease will include a provision to designate the newly created parking spaces to run with the lease for exclusive use by the CIYC.
City Staff recommend the City Council authorizes the City Manager to negotiate terms for a new lease agreement with CIYC that establishes a new lease term, updates the overall lease agreement to the City’s standard lease terms, and establishes terms for a partnership tomitigate hillside issues and establish a parking area for the CIYC.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
- May 3, 2022 CIYC Proposal
- 1995 Lease and Subscription Agreement- 2006 First and Subscription Amendment - 2017 Second and Subscription Amendment
£,/%/7 6/
May 3, 2022
Ms. Denise RaddeChief Administrative Officer
City of Ava Ion
410 Avalon Canyon Rd
PC Box 707
Avalon, CA 90704 VIA email: [email protected]
Dear Ms. Radde,
The Catalina Island Yacht Club respectfully seeks the City of Avalon’s consideration of a new long-term lease of our property at 30 Casino Way that our predecessor members built nearly 100 years ago.
I have drafted the attached proposal for the City’s consideration thatoutlines our history and the rationale behind the proposal. I would greatly appreciate an opportunity to speak with you about this matter atyour earliest convenience.
Sincerely,
Roland Rapp
Chairman of the Board
Cc: Dr. Stephen Shea, Commodore
30 Cisino Wdy • Box 115 a Ava1nn • CaliFornia * 90704
THE CATALINA ISLAND YACHT CLUB
PROPOSAL TO THE CITY OF AVALON
April 2022
Purpose
The Catalina Island Yacht Club, faced with the ongoing substantial financial obligations for maintenance of the historic building at 30 Casino Way, is seeking a new long-term lease agreement with the City of Avalon. This would allow The Club to continue the substantial yearly investments necessary to preserve this historic building.
History
The Catalina Island Yacht Club (“CIYC”) was founded on March 7, 1924, by CIYC members Art Sanger and James Jump in response to need for a social club on Santa Catalina Island open to men and women alike that would complement the Tuna Club’s focus on angling sport. The CIYC clubhouse also replaced the Sophia Yacht Club, built in 1903 at the same location that was consumed by the 1915 fire that destroyed much of Avalon. The CIYC clubhouse construction was financed by thirty Avalon boaters who each contributed cash and a promissory note to fullyfund the cost of the design and construction. The designer and architect of the clubhouse was Harry Vaughn, whose design is instantly recognizable from the harbor entrance because of its distinctive lighthouse silhouette.
To begin the construction project on the Sophia Yacht Club’s remaining piers, CIYC received a lease on February 1, 1924, from The Santa Catalina Island Company, as well as permits to build over the water from the United States Engineers Office of the US War Department March 12, 1924. On February 1, 1943, The Santa Catalina Island Company deeded the property and all ofits improvements back to CIYC and on April 4th, 1946, CIYC entered into its historic first lease with the City of Avalon. Except for a brief period during the war years of 1942-’45, when it wasoccupied by the Merchant Marine and used as a training facility, the Club has operated continuously ever since its first opening day on August 24, 1924.
Today club membership is limited to 180 members due to capacity limitations but enjoys a membership considerably more diverse than its early days. Boating enthusiasm and a love for the Island and the Avalon community are essential membership characteristics.
Background of CIYC’s Stewardship and Occupancy of the Clubhouse CIYC’s current occupancy is pursuant to a 1995 lease agreement which was amended andextended in 2017 (referred to as the “2017 Amendment”). The 2017 Amendment has a term extending through July 2023. The 2017 Amendment includes an option for the CIYC to extend the lease through September 2033, with notice of such extension being required by September 2022.
Consistent with prior lease agreements for the Clubhouse, the 1995 lease agreement, as amended in 2017, is a ‘triple net ease” for the City of Avalon, under which CIYC is obligated to pay for all taxes, insurance premiums, operating charges, maintenance charges, construction costs and any other costs related to the use/occupancy of the Clubhouse.
Over its 98-year occupancy, the costs borne by CIYC have grown dramatically and have generally outpaced inflation. The primary reason for this escalation is the aging of the Clubhouse. As would be expected, any structure that is nearly 100 years old and which is built on a piling structure overhanging the water generates a need for substantial ongoing maintenance to ensure upkeep, stability and safety. These maintenance requirements are, of course, only exacerbated by the fact that Avalon’s Harbor, and therefore the Clubhouse, is seasonally subjected to strong “nor’easter” conditions. Such storms generate large surge and waves into the Clubhouse’s piling, decking and float structures.
Due to this risk, all of the pre-existing timber pilings were strengthen over a 10-year period at a cost of $1,100,000. The strengthening was completed in 2011 and consisted of carbon fiber jacketing wrapped around the pilings, then filled with specialized cement fill to create a composite structure capable of resisting decay and deterioration while furnishing the necessary bearing support. In more recent years, the piling connection plates and brackets between the piling and the support timbers are being replaced with corrosion resistant material. The structure beneath the club will continue to require substantial refurbishment. These costs include licensing/permitting contractors for diving services to redo piling base and tooting areas, contractors to refurb/repair the pilings themselves and other requirements such as eel grass surveys etc. It is envisioned that CIYC will continue to incur costs at a substantial level moving forward to continue this work. While the costs will vary from year to year, it is expected that the Clubhouse piling/decking structure will require from $10,000 to over $50,000 each year for at least the next 6-8 years. It is possible that the costs could dramatically increase from those levels if a large storm were to cause substantial damage.
In addition to the costs to maintain the piling/decking structure supporting the Clubhouse above the water, Cl/C also incurs costs for normal periodic maintenance for the Clubhouse andfloat structure. Generally speaking, these costs run at least $25,000- $100,000 annually. As an example, in 2020/2021 over $145,000 was expended to repair dry rot, termite damage and to paint the exterior of the building. Upgrades to the Clubhouse interior are also frequentlyundertaken. In 2019, S60,000 was expended for the remodel of the kitchen, Boatique, and former apartment.
Insurance costs for the Clubhouse have also increased very dramatically over the past several years. For 2021 the Cl/C expended over $90,000 in premiums for the necessary insurance coverage package for the Clubhouse. Included therein was approximately $45,000 for flood insurance which, alone, has increased from an approximate premium level of S18,000 in 2016.
The heavy rains that impacted Avalon in 2019, caused the hillside above the clubhouse to slide and block Casino way for a period of time. This blockage seriously impacted access for emergency vehicles to the Dive Park, the Casino, Hamilton Cove and Descanso Beach Club. CIYC has allocated $160,000 to install a retaining wall that would be designed to (I) substantiallymitigate the risk of road closure due to such slides; (ii) protect the clubhouse from slidedamage; and (Hi) expand available club and public parking in the area.
The Role of CIYC in Avalon’s Community and EconomyThe Role of CIVC in Avalon’s Community and Economy The CIYC and its members have, over the entire course if its history, placed a strong emphasis on being positive contributors to the economy, culture and social fabric of Avalon and SantaCatalina Island.While separate from CIYC itself, the CIYC Foundation (“The Foundation”) is a charitable not-forprofit that derives substantially all its funding from CIYC members. The Foundation and individuals who are members have, over their collective history, been significant contributors to charitable organizations serving the needs of Avalon and its residents. In 2020 alone, the Foundation contributed over $33,000 to the Avalon Food Bank and an additional $42,000 to supplement other programs the City needed to eliminate from its budget during the pandemic,Other frequent beneficiaries of the Foundation have included the Avalon Choices, Avalon Little League, Avalon Rotary Club, Avalon Teen Center, Catalina Island Medical Center Foundation,Kid’s Ventures and the Museum, among others. At various points, college scholarship funds were provided by the Foundation and the CIYC membership for graduates of Avalon schools.
CIVC members individually support several of these same causes along with the Chamber ofCommerce and many others. The CIYC, its members and the Foundation are committed tocontinuing our 98-year history of supporting philanthropic causes which aid Avalon in providingopportunities for its residents.
The CIYC also supports allowing the public to experience the historic Clubhouse and its contents. The Clubhouse houses a comprehensive collection and archive of memorabilia from the historic yachting history of the Club and its members, including photographs, books, trophies and artifacts. For many years, CIYC has hosted tours, luncheons and dinners for guests.
The CIYC and the Foundation are also significant contributors to Avalon’s economy via a plethora of avenues. Annually, CIYC hosts between 18 to 24 large banquets, which provide $35,000 to $50,000 of event catering revenues to local Avalon restaurants and caterers. The Clubhouse is utilized weekly by members and their families during the entire year and, ofcourse, these groups provide substantial guest traffic for Avalon bars and restaurants; theAvalon Golf Course; Taxi services; tourism activities such as inland tours, mooring rentals, golfcart rentals and Catalina Express boat tickets.
CIYC members also contribute to the Avalon community through the traditional tax base asowners of over 71 moorings and several local Avalon properties that pay property taxes.
Additionally, we believe that the existence of the club and its activities in Avalon drive the values of mooring in the harbor to further build that significant tax base for services in the community.
Additionally, the ongoing maintenance of the Clubhouse and its float structure utilize the services of many local Avalon vendors including the Catalina Boatyard, Chet’s Hardware Store, Pebbly Beach Building Supply, Island Janitorial, Avalon Fire Extinguishers, Catalina Plumbing, local painters, and laborers etc. And, of course, CIYC members utilize services for boat repairs, the fuel dock and the like.
The CIYC, its Board of Directors and its members view our history and our future as intertwined with that of Avalon and Catalina Island. CIYC is simply not the same institution without its close association with Avalon. The members of CIYC remain deeply committed to playing a positivecontributing role to the economy, culture and tourism prospects of Avalon.
The CIYC’s Goal for Long-Term Partnership with the City of Avalon As discussed above, CIYC views its future with Avalon with a long-term perspective.
Furthermore, CIYC is committed to continuing the substantial annual financial expenditures necessary to maintain the long-term stability and safety of the Clubhouse. However, as we approach the end of our lease commitment with the City of Avalon, it will grow increasingly challenging to justify making these sizable investments in the Clubhouse’s long-term future.
Hence, CIYC wishes to commit to a new long-term lease for the Clubhouse with a 20-year term, plus two 10-year extension periods. We believe that this would be highly beneficial for the City of Avalon as well. The CIYC Board of Directors are ready to engage with the Cfty Council and City Manager whenever permitted to do so.
Thank you for your attention and we look forward to speaking with you soon. Roland Rapp is the Chairman of our Board of Directors and will serve as the point person for The CIYC on this process.
LEASE AGREEMENT
between
CATALINA ISLAND YACHT CLUB
and
CITY OF AVALON
TABLE OF CONTENTS
1. Termination of 1980 Lease . 1
2, Premises , 1
3, Term.. ,,.,.,...,.,,.,.,,,,,., . 2
3.1. Initial Term 2
3.2. option to Extend Term 23.3. Extension for Capital Improvements 2
4. Rent 3
4.1. Rent 3
4.1.1. Base Rent 3
4.1.1(a) Adjustment to Rent 3
4,2. special Net Lease 4
5. Quiet Possession 4
6, Use 4
6.1. specific Use 4
6.2. Compliance with Law 56.3. Non-Discrimination Policy 5
6.4. Landlord’s Right to Use the Premises 5
6,5. Public Access to Premises . , . 5
7, Condition of the Premises 6
7.1. Condition of the Premises 6
7.2. Hazardous and Toxic Materials 6
8. Maintenance, Repairs and Alterations . . 6
8.1. Tenant’s Obligations to Maintain and Repair
Premises 6
8.2. Landlord’s Obligations . . . 6
8.3. Alterations and Additions 7
8.4. Removal of Improvements . , . , 7
9. surrender . . , , .
, , , . , . 7
10. Insurance and Indemnity . . , ,.......... , , 7
10.1. Liability Insurance 7
the
9 10.2. Property Insurance
10.3. Determining Full Replacement Value of
Property Insurance
10.4. Proof of Coverage
10.5. Tenant’s Failure to Acquire Insurance Policies
9 9
951019 paa 0843I05(4 —1—
10.6. Indemnity . 9
10.7. Waiver of Subrogation .10
10.8. Exemption of Landlord from Liability . . . . 10
11. Damage or Destruction . . . . , 10
11,1, obligation to Rebuild . . . 1011.2. Insurance Proceeds , 1111.3. Damage Near End of Term 1111.4. Abatement of Rent Tenant’s Remedies 11
11.5. Waiver 11
12. Taxes 11
12.1. Payment of Taxes 1112.2. Definition of “Real Property Tax.” 1212.3. Joint Assessment 12
12.4. Personal Property Taxes 12
13. Utilities , 1314. Assignment and Subletting 13
14.1. Assignment and Subletting 1314.2. Terms of Landlord’s Written Consent to a Sublease or Assignment 14
14,3. Assignment as a Result of Tenant’s Bankruptcy . . 14 15, Defaults and Remedies 15
15.1. Defaults 1515.2. Remedies , 1615.3. Landlord’s Right to Cure Tenant’s Defaults . 17
15.4. Default by Landlord 1815.5. Late Charges 18
16. Condemnation 1817. Easements 19
18. Estoppel Certificates 19
18.1. Tenant’s Duty to Provide Estoppel certificate 2018.2. Tenant’s Failure to Provide Estoppel Certificate 20
18.3. Tenant’s Duty to Provide Financial Statement 20
19. Non—Liability of Landlord 2020. Severability . . 20
21. Interest on Past-due Obligations 2022, Time of Essence . , . , , , , , . , , , 20951019 paa 0843105(4) — ii —
23. Additional Rent .
Prior Representations or
Notices
Waivers . . , .
Holding Over
Cumulative Remedies
Covenants and Conditions
Binding Effect; Choice of
Attorney’s Fees .
Landlord’s Access:
Merger
Security Measures
Authority
36. Conflict
Warranties; Amendments
21 Law 22
21 24. 21
25. 26.
27. 28,
29. 30.
31. 32.
33. 34,
35. 951019 pan 0843105(4) — iii —
LEASE AGREEMENT
THIS LEASE (“Lease”) is made as of this a.I day
1995, at Avalon, California, by and between the
CATALINA ISLAND YACHT CLUB, a California corporation,
(hereinafter “Tenant”), and the CITY OF AVALON, a municipal corporation organized under the laws of the State of California (hereinafter “Landlord”).
RECITALS
A. Landlord is the owner of certain premises with
improvements thereon located on tidelands and/or submerged lands and adjacent uplands situated in the City of Avalon, County ofLos Angeles, State of California, which premises are described in Exhibit A, attached hereto and incorporated herein by reference.
The improvements on said real property are commonly known as the “CATALINA ISLAND YACHT CLUB.” (The real property and theimprovements are hereinafter referred to as “the Premises.”) B. Landlord initially leased the Premises to Tenant
by a lease agreement titled “Yacht Club Lease,” dated April 4, 1946 and April 5, 1953.
C. Landlord and Tenant have renewed and extended the
said initial lease by agreement dated February, 1974.
D. Landlord and Tenant entered into a new lease
agreement for the Premises dated as of April 7, 1980 (the “1980 Lease”)
E. The 1980 Lease is scheduled to expire on December
31, 1999.
F Landlord and Tenant now desire to terminate the
1980 Lease and enter into this new Lease for the Premises.
Now, THEREFORE, the parties agree as follows:
1. Termination of 1980 Lease, Effective as of the Commencement Date hereof, the 1980 Lease shall be terminated and of no further force or effect, except for obligations of Tenant that accrued prior to the Commencement Date hereof.
2. Premises. Landlord hereby leases the Premises to Tenant, and Tenant leases the Premises from Landlord, for the term, at the rental, and upon all of the covenants and conditions set forth herein.
951019 paa 0843105(4)
3. Term.
3.1. Initial Term. The term of this Lease shall be for
fifteen (15) years, commencing on October 1, 1995, (the “Commencement Date”) and ending fifteen (15) years thereafter, on September 30, 2010, unless sooner terminated as provided herein.
3.2. Option to Extend Term. Unless Landlord gives notice no later than thirteen (13) months prior to the end of the term of termination of Tenant’s extension option pursuant to Section
3.2.2 below, Tenant shall have one option to extend the term of this Lease for a period of ten (10) additional years (the “Extension Option”). Tenant shall be required to give Landlord written notice of its election to exercise the Extension Option no later than close of business on September 30, 2009.
3.2.1. Tenant shall not have the right to exercise
the Extension Option, notwithstanding anything set forth above to the contrary, under any one of the following circumstances:
(a) during the time commencing from the date
Landlord gives Tenant a written notice that Tenant is in default under any provisions of this Lease, and continuing until the default alleged in said notice is cured;
(b) during the period of time commencing on the
day after a monetary obligation to Landlord is due from Tenantand unpaid continuing until the obligation is paid.
3.2.2. The period of time within which the Extension
Option may be exercised shall not be extended or enlarged byreason of Tenant’s inability to exercise such Extension Option prior to satisfaction of the foregoing conditions precedent. At its sole option, Landlord shall be entitled to give written notice to Tenant that all rights of Tenant to the Extension Option are terminated and of no further force or effect even after Tenant’s due and timely exercise thereof, if, after such exercise, but prior to the commencement date of the term of theExtension Option:
(a) On three or more occasions in any twelve (12)
month period, Tenant fails to pay to Landlord a monetary obligation of Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Landlord to give notice thereof to Tenant);
(b) Tenant fails to commence to cure a default
within thirty (30) days after the date Landlord gives notice toTenant of such default; or (c) Landlord gives to Tenant three (3) or more
notices of default and a late charge has become payable for any such default, whether or not such defaults are cured. 9510W paa 0843105(4) — 2 —
(d) Tenant gives to Landlord a written notice requesting renegotiation of the lease pursuant to the provisions of 4.1.1 (a).
Landlord’s waiver of its tight to terminate this Lease due to Tenant’s default in any instance shall not be deemed a waiver of the foregoing conditions precedent and conditions subsequent to the exercise of the Extension Option.
3.3. Extension for Capital Improvements. In the event that Tenant seeks and obtains Landlord’s approval pursuant to Section 8.2 to construct capital improvements to the Premises, the value of which exceeds five (5) times the annual rental payment, Land lord shall extend the lease for a reasonable additional term if necessary to permit Tenant to receive financing for such improve ments.
4. Rent.
4.1. Rent. Tenant hereby covenants to pay to Landlord as rent for the Premises during the Lease ten, without reduction or offset, in lawful money of the United States the “Base Rent” provided for herein as follows:
4.1.1. Base Rent. Tenant shall pay to Landlord an
annual Base Rent in the sum of $25,000.00 (twenty-Five Thousand Dollars). One—fourth of the annual rental amount shall be payable in advance not later than the fifteenth day of the first month of each calendar quarter during the term hereof and during the Extension Option period. a. Periodic Adjustment. The Base Rent shall be adjusted on each anniversary of the commencement of the Term (“the Adjustment Date”) as follows:
The base for computing the adjustment is the Consumer Price Index for All Urban Consumers for the Los Angeles—Anaheim-Riverside Metropolitan Area published by the United States Department of Labor, Bureau of Labor Statistics (“Index”), which is published for the third calendar month preceding the date of the commencement of the Term (“Beginning Index”). If the Index published for the third calendar month preceding the Adustment Date C”Extension Index”) has increased over the Beginning Index, the Ease Rent for the period until the next Adjustment Date shall be set by multiplying the Base Rent by a traction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the adjusted Base Rent be less than the Base tent, nor more than five percent (5%) of the Base Rent in the first year, or five percent (5%) of the adjusted flse Rent in subsequent years. 951O1 paa 0*43105(4) — 3 —
TOTflL P.02
If the Index is changed so that the base year differs
from that used for the Beginning Index, the Index shall beconverted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor
Statistics. If the Index is discontinued or revised during the Term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the sameresult as would be obtained if the Index had not beendiscontinued or revised.
4.2. Special Net Lease. This Lease, commonly called a
“Triple Net Lease” or “Net, Net, Net Lease”, is understood to mean that Landlord shall receive the rents set forth in Paragraph
4.1 free and clear of any and all other impositions, taxes, liens, charges or expenses of any nature whatsoever in connection with the ownership and operation of the Premises. In addition to the rents set forth in Paragraph 4.1, Tenant shall pay to the respective parties entitled thereto all taxes, impositions, insurance premiums, operating charges, maintenance charges, construction costs, and any other charges, costs and expenses which arise in connection with the use or occupancy of the Premises or which may be contemplated under any provisions ofthis Lease during the term hereof. All such charges, costs and expenses shall constitute additional rent, and upon the failureof the Tenant to pay any of such costs, charges or expenses,Landlord shall have the same rights and remedies as otherwiseprovided in this Lease for the failure of Tenant to pay rent.
Any present or future law to the contrary shall not alter this agreement of the parties.
5. Quiet Possession. Upon Tenant paying the rents and
satisfying all applicable covenants, conditions and provisions of the Lease, Tenant shall have quiet possession of the Premises for the term hereof subject to all provisions of this Lease.
6. Use.
6.1. Specific Use. The Premises shall be used and occupied by the Tenant only for the purposes of operating a recreational yachting club. It is understood by both parties that the operation of a recreational yachting club shall include onlyproviding docking services for boats of members and guests, organizing and accommodating various yachting and socialactivities for members, serving food and drink, providingsleeping accommodations, selling nautical and clothingaccessories, and hosting parties and meetings. Consistent with Tenant’s bylaws and house regulations, Tenant may from time totime host social activities for other yachting clubs. Tenant shall not use or permit the Premises or any part thereof to be used for any other purpose or purposes without obtainingLandlord’s prior written consent. 951019 paa 0843105(4) — 4 —
6.2. compliance with Law. Tenant shall not use the
Premises for any purpose inconsistent with the trust imposed upon said Premises by the constitution of the State of California and by the Act pursuant to which the Premises were acquired from the State of California. At Tenant’s expense, Tenant shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, andrequirements of any governmental authority or the local Insurance Services Office in effect during the term regulating the use by Tenant of the Premises. If the governmental authority or local Insurance Services Office require or recommend that any changes, modifications, replacements, alterations, or additional equipmentbe made or supplied in or at any portion of the Premises, Tenant shall, at Tenant’s expense, make and supply such changes, modifications, replacements, alterations or additional equipment.
Tenant shall not use nor permit the use of the Premises in any manner that will tend to create waste or nuisance.
6.3. Non—Discrimination Policy. The Tenant shall adhere to a policy of non—discrimination in all aspects of the Tenant’s operation and activities, including membership and use of Tenant’s facilities by members and nonmember guests. This policy of non—discrimination will be reflected in the Tenant’s Articlesof Incorporation, by—laws, rules and regulations,and Tenant shall provide to Landlord a copy of all such documents within thirty (30) days of the Commencement Date of this Lease, and within ten (10) days of any amendment thereto.
6.4. Landlord’s Right to Use the Premises. Tenant shall from time to time permit Landlord to use the Premises for the purpose of conducting public activities sponsored by Landlord involving groups of less than ten (10) , upon reasonable notice from Landlord and subject to reconciling any schedule conflicts with Tenant. Landlord’s use of the Premises shall be without charge. Landlord’s use of the Premises shall be unrestricted tonormally open public areas of the Premises. To assure that ocnflicts do not arise, Landlord shall coordinate in advance withTenant’s resident manager to obtain mutually acceptable facilities (e.g. rooms and furnishing)
6.5. Public Access to Premises. Tenant shall permit the Catalina Island Museum Society to conduct guided tours of the Premises, except for the private living quarters of the Tenant’sresident manager. These tours will be without charge, open to the general public, and conducted at least four (4) times eachyear, during the period between November 1 and May 31 only. Such tours shall involve groups of ten (10) or fewer persons and shall be coordinated in advance with the Tenant’s resident manager. 951019 paa 08431 05(4)
7. condition of the Premises.
7.1. Condition of the Premises. Tenant hereby accepts the Premises in their condition existing as of the Commencement Date subject to (1) all applicable municipal, county and state laws, ordinances and regulations governing the use of the Premises, and (2) any covenants, conditions and restrictions of record. Tenant acknowledges that Landlord has not made any representation or warranty, express or implied, as to the condition of the Premises, their fitness for any purpose, the presence or absenceof any hazardous substances at the Premises, or the present and future suitability of the Premises for Tenant’s use thereof.
Tenant has had exclusive possession of the Premises for over fifty (50) years, and Tenant has had a full, fair and completeopportunity to study and investigate the Premises, enabling Tenant to knowingly accept the Premises in their “as—is” condition. Landlord shall have no obligation to correct any condition or alleged defects.
7.2. Hazardous and Toxic Materials. Landlord makes no
warranty as to the absence of any type of toxic or hazardous substances or materials at the Premises. Tenant assumes and agrees to perform any obligation or liability to monitor, test,assess, correct, clean—up, remove, and/or store any such sub stances, and Landlord shall have no obligation to compensate Tenant for such acts. In addition, Tenant shall indemnify,protect, defend and hold harmless Landlord and the Premises from any losses, costs, causes of action or liabilities arising out of Tenant’s failure to perform said monitoring, testing, assessment, correction or clean-up actions.
8. Maintenance, Repairs and Alterations.
8.1. Tenant’s Obligations to Maintain and Repair Premises.
Tenant shall keep the Premises in good order, condition and repair (with necessary replacement) whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of the Premises. These maintenance andrepair obligations shall include, without limitation, construction and maintenance of all necessary pilings for the proper support of the improvements on the Premises, all plumbing, sewage, heating, air conditioning, ventilating, ducting,electrical, lighting facilities and equipment within the Premises, all fixtures, docks, walls (interior and exterior) foundations, steps, ceilings, roofs (interior and exterior) floors, windows, doors, plate glass, and skylights within the Premises, and all breakwaters, levees, landscaping, driveways, fences, signs, adjacent to the Premises.
8.2. Landlord’s Obligations. Landlord shall have no
obligation in any manner whatsoever to repair or maintain thePremises nor the improvements located thereon. All of these obligations are intended to be that of Tenant under Paragraph 8.1 hereof, Tenant expressly waives the benefit of any statute now 951019 paa 0843105(4) — 6 —
or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in goodorder, condition and repair.
8.3. Alterations and Additions. Tenant shall obtain
Landlord’s prior written consent prior to making any alterations, improvements, or additions in, on or about the Premises which cumulatively cost more than $10,000.00 in any calendar year.This limit does not apply to repairs and replacement of interior items which are not part of the Premises’ structure, roof, or mechanical, electrical or plumbing systems. For repairs which do not require Landlord’s written consent, however, Tenant shallprovide Landlord with written notice of such repairs, replacements, additions, alterations or improvements within ten (10) days after the completion of same. In addition, Landlord may require Tenant to provide Landlord, at Tenant’s expense, a lien and completion bond in an amount equal to one and one—half times the estimated cost of such improvements, to insure Landlord and the Premises against any liability for mechanic’s and materialmen’s liens and a performance bond to insure completion of the work. Should Tenant make any alterations, improvements,or additions without the prior approval of Landlord, Landlord may require that Tenant, at Tenant’s expense, remove any and all of the same. At the expiration or sooner termination of this Lease,all alternations, additions and improvements to the Premises shall become the property of Landlord.
8.4, Removal of Improvements. Any improvements existing at the Commencement Date of the Lease or made by Tenant pursuant to Paragraphs 8.1 and 8.3 shall not be removed without the written consent of Landlord. Should Tenant remove any improvements without Landlord’s written consent, Landlord may require Tenant, at Tenant’s expense, to replace the removed improvements.
9. Surrender. On the last day of the term hereof, including any option exercised by Tenant, or any sooner termination, Tenant shall surrender the Premises to Landlord, with all improvementsclean and free of debris, ordinary wear and tear and damage bycasualty excepted. Tenant shall repair any damage to the Premises occasioned by the installation or removal of trade fixtures, furnishings and equipment.
10. Insurance and Indemnity.
10.1. Liability Insurance. Tenant shall procure at its
sole cost and expense and keep in effect from the date of thisLease and at all times until the end of the term either Comprehensive General Liability insurance or commercial General Liability insurance applying to the use and occupancy of the Premises, or any part thereof, or any areas adjacent thereto, andthe business operated by Tenant, its sublessees, licensees, employees, agents, or any other occupant, on the Premises. Such insurance shall include Broad Form Contractual liability 951019 paa 0843105(4) — 7 —
insurance coverage insuring all of Tenant’s indemnity obligations under this Lease. Such coverage shall have
a minimum combined
single limit of liability of at least Two Million Dollars ($2,000,000), and
a general aggregate limit of at least Five
Million Dollars ($5,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, shall be endorsed to add Landlord as an additional insured, to provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insuranceonly. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees of Landlord and Tenant as additional insureds; (iii) deleting any liquor liability exclusion; (iv) insuring Landlord and Tenant from dramshop liability or any similar risk; and (v) providing for coverage of employer’s automobile non—ownership liability. All such insurance shall provide for severability of interests or
a cross—liability
endorsement; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the othernamed insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or inpart during the policy period. Tenant shall also maintain workers’ Compensation insurance in accordance with California law, and employers liability insurance with
a limit no less than
$1,000,000 per employee and $1,000,000 per occurrence. Such coverage shall be endorsed to waive the insurer’s rights of subrogation against Landlord. All coverages described in this Paragraph shall be endorsed to provide Landlord with 30 days’ advance notice of cancellation or change in terms, If at any time during the term the amount or coverage of insurance whichTenant is required to carry under this Paragraph is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or lessees of properties located in Pasadena, California, which are similar to and operated for similar purposes as the Premises, Landlord shall have the right to require Tenant to increase the limits of the Bodily Injury and Property Damage coverages not more frequently than once each twenty-four (24) month period if in the exercise of reasonable discretion Landlord determines that existing limits are not adequate.
10.2. Property Insurance, Tenant shall obtain and keep in force during the term of this Lease
a policy of insurance
covering loss or damage to the Premises, including all
improvements thereon, and all personal property of Tenant, in the amount of the full replacement value determined pursuant to procedures outlined in Paragraph 10.3. Said policy shall insure the Premises against all perils, included within the classifica tion of fire, extended coverage, builder’s risk, vandalism, malicious mischief, flood, and special extended perils (“all risk” as the term is used in the insurance industry) but expressly excepting risk of damage from earthquake. Said 951019 paa 0843105(4)
— 8 —
insurance shall provide for payment of loss thereunder to Land lord or to the holders of mortgages or deeds of trust on the Premises.
10.3. Determining Full Replacement Value of the Property Insurance. At the Commencement Date of the Lease, the full replacement value of the Premises will be in the amount of $1,000,000.00, unless otherwise agreed upon in writing. Thereafter, not less than once every two (2) years during the term of this Lease, Tenant and Landlord shall agree in writing on the full replacement cost of the Premises and all improvements thereon based upon an appraisal. If, in the opinion of Landlord, the amount or type of property damage insurance coverage, or any other amount or type of insurance at that time is not adequate or not provided for herein, Tenant shall acquire or increase (as the case may require) the insurance coverage as required by Landlord.
10.4, Proof of Coverage. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Paragraph 10 and Landlord shall have the right to inspect the original policy upon reasonable notice.
No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord. Tenant shall, at least thirty (30) days prior to the expiration of such policies, furnish Landlord with renewals or “binders” thereof. All policies of insurance shall name Landlord (and at Landlord’s option, any additional parties designated by Landlord) as an additional insured.
10.5. Tenant’s Failure to Acquire Insurance Policies. If Tenant shall fail to obtain any insurance required hereunder, Landlord may, at its election, obtain such insurance and Tenant shall, as additional rent, reimburse Landlord for the cost thereof plus
a ten percent (10%) handling charge, within five (5) days following demand therefor. Insurance required hereunder shall be issued by companies holding a “General Policyholders Rating” of at least A+XII or better, as set forth in the most current issue of “Best’s Insurance Guide” and authorized to do business in California.
10.6. Indemnity. Tenant shall indemnify, defend, protect, and hold harmless Landlord from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses, (including attorney’s fees) arising from or in connection with, or caused by (i) any act, omission or negligence of Tenant or any sublessee of Tenant or any sublicensees, invitees, agents, servants or employees, wheresoever the same may occur; (ii) any use of the Premises, or any accident, injury, death or damage to any person or property occurring in, on or about the Premises, or any part thereof, or from the conduct of Tenant’s business or from any activity, work or thing done, permitted or suffered by Tenant in or about the Premises or 951019 paa 084S105(4)
— 9 —
elsewhere; and (iii) any breach or default in the performance of any obligations on Tenant’s part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s sole cost and expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause other than Landlord’s gross negligence or intentional acts, and Tenant hereby waives all claims in respect thereof against Landlord.
10.7. Waiver of Subrogation. Tenant and Landlord each
hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured or insurable against under this Paragraph 10, which perils occur in, on, or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Tenant and Landlord shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease.
10.8. Exemption of Landlord from Liability. Tenant hereby assumes all risks and liabilities of
a landowner in the
possession, use or operation of the Premises. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, customers, contractors, workers, or any other person in or about the Premises, including any liability arising from the physical condition of the Premises, regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant.
11. Damage or Destruction.
11.1, obligation to Rebuild. In the event that some or
all of the improvements constituting
a part of the Premises or
the Premises itself are damaged or destroyed, partially or totally from any cause whatsoever, then Tenant shall repair, restore and rebuild the Premises to its condition and to the design standards existing immediately prior to such damage or destruction, and this Lease shall remain in full force and effect, This obligation to rebuild exists regardless of whether such damage or destruction is covered by any insurance required to be maintained under Paragraph 10. Such repair, restoration and rebuilding (all of which are herein called “repair”) shall be commenced within a reasonable time after such damage or destruction has occurred and shall be diligently pursued to completion. 951019 I,aa 0848105(4)
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11.2. Insurance Proceeds. The proceeds of any insurance maintained under Paragraph 10 hereof shall be made available to Tenant for payment of costs and expense of repair, providedhowever, that such proceeds may be made available to Tenant subject to reasonable conditions, including but not limited to architect’s certification of cost, retention of percentage of such proceeds pending recordation of a notice of completion, anda lien and completion bond to insure against mechanic’s or materialmen’s liens arising our of the repair, and a performance bond to insure completion of the repair, all at the expense of Tenant. If the insurance proceeds are insufficient to cover the cost of repair, then any amounts required over the amount of the insurance proceeds received that are required to complete said repair shall be paid by Tenant.
11.3. Damage Near End of Term. If at any time during the last twelve (12) months of the term of this Lease there is damage to the Premises and the cost of repairing same exceeds the total Base Rent paid for the preceding calendar year, and at the time of such casualty Tenant has not thereafter exercised its option to extend the term, either party may cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to the other party of such party’s election to do so within thirty (30) days after the date of occurrence of such damage. In such event, Tenant shall assign and deliver toLandlord all insurance proceeds payable on account of such casualty.
11.4. Abatement of Rent; Tenant’s Remedies. Notwithstand ing the partial or total destruction of the Premises and any part thereof, and notwithstanding whether the casualty is insured or iot, there shall be no abatement of rent or of any otherobligation of Tenant hereunder by reason of such damage or destruction unless the Lease is terminated by virtue of any other provision of this Lease.
11.5. Waiver. Tenant waives the provisions of any statutes which relate to termination of leases when leased property is destroyed and agrees that such event shall be governed by the terms of this Lease.
12. Taxes.
12.1. Payment of Taxes. Tenant shall pay the real property tax, as defined in Paragraph 12.2, applicable to the Premises during the term of this Lease. All such payments shall be made at least thirty (30) days prior to the delinquency date of such payment. Tenant shall promptly furnish Landlord with satisfac tory evidence that such taxes have been paid. If any such taxespaid by Tenant shall cover any period of time prior to or after the expiration of the term hereof, Tenant’s share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Landlord shall reimburse Tenant to the extent 951019 paa 0843105(4) — 11 —
required. If Tenant shall fail to pay any such taxes, Landlord shall have the right to pay the same, in which case Tenant shall repay such amount to Landlord within ten (10) days after receipt of an invoice therefor.
12.2. Definition of “Real Property Tax.” As used herein, the term “real property tax” shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any possessory interest tax, license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by an authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural-, sanitary, fire, Street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the Premises or in the real property of which the Premises are
a part, or as against Landlord’s right to rent or other income therefrom. The term “real property tax” shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of “real property tax,” or (ii) the nature of which was hereinbefore included within the definition of “real property tax,” or (iii) which is imposed for a service or right not charged prior to June 1, 1978, or, if previously charged, has been increased since June 1, 1978, or (iv) which is imposed as a result of
a tax or charge hereinbefore included within the definition of real property tax by reason of such transfer, (v) which is imposed by reason of this transac— tion, any modifications or changes hereto, or any transfers hereof; or (vi) any taxes on the rentals receivable by Landlord.
12.3. Joint Assessment, If the Premises are not separately assessed, Tenant’s liability shall be an equitable proportion of the real property taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be determined by Landlord from the respective valuations assigned in the assessor’s work sheets or such other information as may be reasonably available. Landlord’s reasonable determination thereof, in good faith, shall be conclusive.
12.4. Personal Property Taxes. Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or elsewhere. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Landlord. If any of Tenant’s said personal property shall be assessed with Landlord’s real property, Tenant shall pay Landlord the taxes attributable to Tenant within ten (10) days after receipt of a written
statement setting forth the taxes applicable to Tenant’s property. 951019 pan 0843105(4)
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13. Utilities. Tenant shall pay for all electricity, water, gas, heat, light, power, telephone, cable television, and other utilities and services supplied to the Premises, together with any taxes thereon.
14. Assignment and Subletting.
14.1. Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, sublease, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, or any right or privilege appurtenant thereto, without first obtaining the written consent of Landlord.
A
consent to one assignment or sublease, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment or sublease. Consent to any such assignment or sublease shall in no way relieve Tenant of any liability under this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be
a waiver by Landlord of any provision hereof. In the event of default by any assignee or sublessee of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee or sublessee. Landlord may consent to subsequent assignments of this Lease or amendments or modifications of this Lease with assignees or sublessees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining Tenant’s or its successor’s consent thereto and such action shall not relieve Tenant of liability under this Lease. Any dissolution, merger, consolidation, or other reorganization of Tenant, other than
a transfer of the controlling interest to the
members of the immediate family of such controlling persons, or the sale or other transfer of substantially all of the assets of Tenant, shall be deemed an assignment of this Lease. If any successor of Tenant is
a partnership,
a transfer of any interest
of
a general partner or
a withdrawal of any general partner from the partnership which changes the controlling ownership of the partnership, or the dissolution of the partnership, shall be deemed to be an assignment of this Lease. Any such assignment without such consent shall be void, and shall, at the option of Landlord, constitute a default under the terms of this Lease, No assignment or subletting by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, assignment or subletting.
No assignment shall be binding on Landlord unless such assignee shall deliver to Landlord a counterpart of such assignment (and
any related collateral agreement) and an instrument in recordable form which contains
a covenant of assumption by the assignee satisfactory in substance and form to Landlord, The failure or refusal of the assignee to execute such an instrument of assumption shall not waive, release or discharge the assignee from its liability. 951019 paa 0843105(4)
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14.2. Terms of Landlord’s Written Consent to
a Sublease or Assignment. Landlord agrees not unreasonably to withhold consent to a sublease or assignment of the entire Premises for
a use expressly permitted in Paragraph 6, In addition, for purposes of providing Landlord with adequate assurance of the proposed assignees or sublessees ability to perform the obligations of the Lease, Landlord may consider the proposed assignee’s or sub- lessee’s (1) net worth and other financial elements of the proposed assignee or sublessee; and (2) business skills and experience in the uses expressly permitted in Paragraph 6. The foregoing is not intended to imply any waiver or Landlord’s reservation of the absolute right to disapprove assignments or subleases for uses that differ in any respect from the use expressly permitted in Paragraph 6 of this Lease. If Landlord consents in writing to the sublease or assignment, Tenant may thereafter enter into such assignment or sublease of the Premises, or a portion thereof. If the consideration to be received by Tenant for such assignment or sublease exceeds the sum of the Base Rent otherwise payable by Tenant hereunder, Tenant shall pay to Landlord, when received by Tenant, additional rent in an amount equal to seventy-five percent (75%) of the consideration paid by the assignee or sublessee in connection with or pursuant to the assignment or sublease, in excess of the sum of the Base Rent then due. Such additional consideration may include, but shall not be limited to, rent, key money or in-kind consideration.
14.3. Assignment as
a Result of Tenant’s Bankruptcy. If this Lease is assigned to any person or entity pursuant to provisions of the Bankruptcy Code, 11 Usc Section 101, et seq. (the “Bankruptcy Code”), any and all monies or other consideration payable or otherwise to be delivered in connection with such assignment shall be paid or delivered to Landlord, shall remain the exclusive property of Landlord, and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other consideration constituting Landlord’s property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and promptly be paid to or turned over to Landlord.
14.3.1. Notice of Any Proposed Assignment as
a Result of Tenant’s Bankruptcy. If Tenant, pursuant to this Lease, proposes to assign the same pursuant to the provisions of the Bankruptcy Code, to any person or entity who shall have made a bona fide offer to accept an assignment of this Lease on terms acceptable to Landlord, then notice of the proposed assignment setting forth (i) the name and address of such person (ii) all of the terms and conditions of such offer, and (iii) the assurances referred to in Section 365(b) and 365(f) of the Bankruptcy Code, shall be given to Landlord by Tenant no later than twenty (20) days after receipt of such offer by Tenant, but in any event no later than ten (10) days prior to the date that Tenant shall make application to a court of competent jurisdiction for authority
951019 paa 08431054)
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and approval to enter into such assignment and assumption, and Landlord shall thereupon have the prior right and option, to beexercised by notice to Tenant given at any time prior to the effective date of such proposed assignment, to accept an assign ment of this Lease upon the same terms and conditions and for same consideration, if any, as the bona fide offer made by such person, less any brokerage commissions which may be payable out of the consideration to be paid such person for the assignment of this Lease.
14.3.2. Effect of Lease upon Assignment in Bankruptcy.
Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on or after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an instrument confirming such assumption. If Landlord rejects the proposed assignee, the rights and obligations of the parties hereto shall continue to be governed by the terms of this Lease, and Tenant shall have all the rights of a tenant under applicable state law.
15. Defaults and Remedies.
15.1. Defaults, The occurrence of any one or more the
following events shall constitute a material default and breach of this Lease by Tenant:
15.1.1. vacating and Abandonment. The vacating or
abandonment of the Premises by Tenant. Vacation shall mean Tenant’s failure to use the Premises for ten (10) consecutive days, except when making repairs to the Premises that require the Premises to be vacated.
15.1.2. Failure to Pay Rent. The failure by Tenant to
make any payment of rent or any payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant. If Landlord serves Tenant with a three-day notice to pay rent or quit pursuant to California Code of Civil Procedure section 1161, or any successor unlawful detainer statute, such notice to pay rent or quit shall also constitute the notice required by this subparagraph.
15.1,3. Failure to Perform Under the Lease. The
failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Paragraph 3 above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; provided, however that if the nature of Tenant’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within said 30—day period and thereafter 951019 paa 0843105(4) — 15 —
diligently prosecutes such cure to completion within a total of sixty (60) days thereafter.
15.1.4. Additional Default Grounds. (i) The making
by Tenant of any general arrangement or assignment for thebenefit of dreditor; (ii) Tenant becomes a “debtor” as defined in 11 U.S.C. ( 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in thisLease, where possession is not restored to Tenant within 30 days; (iv) the failure of Tenant to abide by the terms of any other agreement between the patties, whether such agreement is legally enforceable or not; or (v) the attachment, execution or otherjudicial seizure of substantially all of Tenant’s assets locatedat the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
15.1.5. False Financial Statements. The discovery by
Landlord that any financial statement given to Landlord byTenant, any assignee of Tenant, any sublessee of Tenant, any successor in interest of Tenant or any guarantor of Tenant’sobligations hereunder, or any of them, was materially false.
15.2, Remedies. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach;
15.2.1. Termination of Lease. Terminate this Lease
and Tenant’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant:
(A) The worth at the time of award of the unpaid
rent which had been earned at the time of termination;
(8) The worth at the time of award of the amount
by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;
(C) The worth at the time of award of the amount
by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss the Tenant proves can reasonably be avoided; and
(0) Any other amount necessary to compensate
Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, 951019 paa 0843105(4) 16 —
including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting (including advertising), brokerage commissions and fees, costs of putting the Premises ingood order, condition and repair, including necessary renovation and alteration of the Premises, reasonable attorney’s fees, court costs, all cost for maintaining the Premises, all costs incurred in the appointment of and performance by a receiver to protect the Premises or Landlord’s interest under the Lease, and any other reasonable cost.
The “worth at the time of award” of the amounts
referred to in subsections (A) and (B) above shall be computed byallowing interest at the rate of twelve percent (12%) per annum.
The “worth at the time of award” of the amount referred to in subsection (C) above shall be computed by discounting such amount at one (1) percentage point above the discount rate of theFederal Reserve Bank of San Francisco at the time of award.
15.2.2. Maintain Lease; Sue for Damages, Specific
Performance. Maintain Tenant’s right to possession of the Premises, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right torecover the rent as it becomes due hereunder. For purposes ofthis Paragraph 15,2.2., the following acts by Landlord shall not constitute a termination of Tenant’s right to possession (i) acts of maintenance or preservation or efforts to relet the Premises; or (ii) the appointment of a receiver under the initiative of Landlord to protect Landlord’s interest under this Lease.
15.2.3. other Remedies. Pursue any other remedy now
or hereafter available to Landlord under the laws or judicialdecisions of the State of California. Unpaid installments of rent and other unpaid monetary obligations of Tenant under theterms of this Lease shall bear interest from the date due at the maximum rate then allowable by law to be charged by non—exempt lenders.
15.3. Landlord’s Right to Cure Tenant’s Defaults. All
covenants and agreements to be performed by Tenant under any the terms of the Lease shall be at Tenant’s sole cost and expenseand, except as otherwise specifically provided herein, without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving any rights of Landlord or releasing Tenant from any obligations of Tenant hereunder, make such payment or enter onto the Premises and perform such other act on Tenant’s behalf and at Tenant’s cost as Landlord deems necessary. All sums so paid by Landlord and all such necessary 951019 paa 0843W5f4) — 17 —
incidental costs together with interest thereon from the date of such payment by Landlord in connection with the performance of any such act by Landlord shall be considered additional rent hereunder. Except as otherwise in this Lease expressly provide such rent shall be payable to Landlord on demand, or at the option of Landlord, in such installments as Landlord may electand may be added to any other rent then due or thereafter becoming due under this Lease, and Landlord shall have (inaddition to any other right or remedy of Landlord) the samerights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of other rent due hereunder.
15.4. Default by Landlord. Landlord shall not be in thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust, if any, covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30 —day period and thereafter diligently prosecutes the same to completion.
15.5. Late Charges, Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated bythis Lease, the exact amount of which will be extremely difficultto ascertain. Such costs include, but are not limited to,processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any note secured by a trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received byLandlord or Landlord’s designee within ten (10) days after such amount shall be due, then without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment byTenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.
16. Condemnation, If the Premises or any portion are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title orpossession, whichever first occurs. If more than twenty—fivepercent (25%) of the rentable area of the building on the Premises, or more than fifty percent (50%) of the land area ofthe Premises which is not occupied by any building, is taken by951019 paa 0843105(4) — 18 condemnation, Landlord or Tenant may, at either party’s option, to be exercised in writing only within ten (10) days afterLandlord shall have given Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken such possession) terminate this Lease as of the date the condemning authority takes such possession. If neither party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, and there shall be no reduction in rent payable hereunder. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether suchaward shall be made as compensation for diminution in value ofthe leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any award for loss of or damage to Tenant’s trade fixtures and removable personal property. If this Lease is not terminated byreason of such condemnation, Landlord shall make available toTenant any severance damages received by Landlord in connection with such condemnation, for use by Tenant in the repair of any damage to the Premises caused by such condemnation, except to the extent that Tenant has been reimbursed therefor by the condemningauthority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Nothingcontained herein shall be construed as waiving Landlord’s rightto acquire Tenant’s interest in this Lease by eminent domain. 17, Easements. This Lease and all rights given hereunder are subject to all easements and rights—of—way previously granted orreserved by Landlord in, to, or over the Premises for any purpose whatsoever, and shall be subject to future easements and rights— of—way for access, gas, electricity, water, sewer, drainage, telephone, telegraph, television, transmission, or other public facilities, as may be reasonably determined from time—to-time by Landlord. Landlord agrees that an effort shall be made or causeto be made so that such future easements and right—of—way shall be located and facilities installed as to produce a minimum amount of interference to Tenant’s use of the Premises. Tenant shall not be entitled to any monetary payment or other remuner ation for any such future easements from Landlord, except for damage directly resulting from actions on the Premises solely by Landlord which deny access to the Premises by Tenant’s customers, and only those damages occurring during such denial of access.
18. Estoppel Certificates.
18.1. Tenant’s Duty to Provide Estoppel Certificate.
Tenant shall from time to time upon not less than five (5) days’ prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying thatthis Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and 951019 paa 0843105(4) — 19 —
the date to which the rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (iii) certifying any other matters relating to the Lease, the Premises, or Tenant’s business or financial condition which Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of thePremises.
18.2. Tenant’s Failure to Provide Estoppel Certificate. At Landlord’s option, Tenant’s failure to deliver such statement within such time shall be a material breach of this Lease, or shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s performance, and (iii) that not more than oneinstallment of rent has been paid in advance.
18.3. Tenant’s Duty to Provide Financial Statement, If
Landlord desires to finance, refinance, or sell the Premises, or any part thereof, Tenant hereby agrees to deliver to any lenderor purchaser designated by Landlord such financial statements of Tenant as may be reasonably required by such lender or purchaser.Such statements shall include the past three years’ financial statements of Tenant. All such financial statements shall be received by Landlord and such lender or purchaser in confidence and shall be used only for the purposes herein set forth.
19. Non—Liability of Landlord. Tenant further covenants with Landlord that Landlord shall not be liable for any injuries topersons or property up to the date of termination of this Lease, from any cause whatsoever by reason of the use, occupation and enjoyment of said Premises by Tenant, or any person thereon or holding under Tenant, and that Tenant will indemnify and save harmless Landlord from all liability whatsoever on account of any injuries and from all liens, claims and demands arising out of any repairs or alterations which Tenant may make upon thePremises, and shall at all times fully protect the title or interest of Landlord in the Premises.
20, Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
21. Interest on Past—due Obligations. Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at the maximum rate then allowable to becharged by non—exempt lenders under the usury laws of the State of California from the date due. Payment of such interest shallnot excuse or cure any default by Tenant under this Lease.
22. Time of Essence. Time is of the essence.
951019 paa 0843105(4) — 20 —
23. Additional Rent. Any monetary obligations of Tenant to Landlord under the terms of this Lease shall be deemed to be rent.
24. Prior Representations or Warranties Amendments. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, Tenant hereby acknowledges that neither Landlord nor any employees or agents of any of said persons has made any oral or written warranties or representations to Tenant relative to the condition or use by Tenant of said Premises andTenant acknowledges that Tenant assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease.
25. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personaldelivery or by certified mail, return receipt requested, and if given personally or by nail, shall be deemed sufficiently given if addressed to Tenant or to Landlord at the following address:
If to Landlord: City of Avalon
Post Office Box 707
Avalon, California 90704
Attention: City Manager
If to Tenant; Catalina Island Yacht Club
30 Casino Way
Post Office Box 115
Avalon, California 90704
Either party may by notice to the other specify a different address for notice purposes except that upon Tenant’s takingpossession of the Premises, the Premises shall constitute Tenant’s address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as Landlord may from time to time hereafter designate by notice to Tenant.
26. Waivers. No waiver by Landlord or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provision.
No delay or omission in the exercise of any right or remedy by either party to this Lease on the occurrence of any default by the other party to this Lease shall impair such a right or remedyor be construed as a waiver. Landlord’s consent to, or approvalof, any act shall not be deemed to render unnecessary the obtaining of Landlord’s consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant of anyprovision hereof, other than the failure of Tenant to pay the 951019 paa 0843105(4) — 21 —
particular rent so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such rent.
No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute anacceptance of the surrender of the Premises by Tenant before the expiration of the term. Only written notice from Landlord to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of the Lease. Any waiver by either party of any default must be in writing and shall notbe a waiver of any other default concerning the same or any otherprovision of the Lease. No acceptance by Landlord of a lesser sum than the rent and any additional rent then due shall be deemed tobe other than on account of the earliest installment of such rentdue, nor shall any endorement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such installment or pursue any other remedy in thisLease provided.
27. Holding Over. If Tenant, with Landlord’s consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Tenant.
28. cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
29. covenants and Conditions. Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition.
30. Binding Effect; Choice of Law. This Lease shall bind the parties, their personal representatives, heirs, successors and assigns; and, be governed by the laws of the State of California.
31. Attorney’s Fees. If either party brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such arbitration or action, on trial or appeal, shall be entitled to his reasonable attorney’s fees to be paid by the losing party as fixed by the court or arbitrators.
32. Landlord’s Access. In addition to the access provisions contained in Paragraph 6, Landlord and Landlord’s agents shallhave the right to enter the Premises at reasonable times duringregular business hours and upon at least two (2) days prior notice to Tenant for the purpose of inspecting the same, showingthe same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions tothe Premises or to the building improved thereon as Landlord may deem necessary or desirable.
951019 paa 08431D5(4) — 22 —
33. Merger. The voluntary or other sutrender of this Lease by Tenant, or a mutual cancellation thereof, or a termination by Landlord, shall not work a merger, and shall, at the option ofLandlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies.
34. security Measures. Tenant hereby acknowledges that therental payable to Landlord hereunder does not include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of Tenant, its agents and invitees from acts of third parties.
35. Authority. Each individual executing this Lease on behalf of such entity represents and warrants that he or she is dulyauthorized to execute and deliver this Lease on behalf of said entity.
36. Conflict. Any conflict between the provisions of this Leaseand any addendum hereto shall be controlled by the addendumhereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Lease as of the day and year first above written.
City of Avalon, a municipal
corporatio
Ralp yow Jr., çYor
Catalina Island YachtClub
— 23 —
&
Approved as to
Pamela Albers, City Attorney
951019 paa 0843105(4)
Exhibit A — Legal Description
951019 paa 0643105(4) — 24 —
SUBSRIPHON AGREEMENT
33 This Agreement is made this M day of MSY-, 1 995, belween the CITY OF AVALONI a municipal corporation (°Cityj and the CATALINA ISLAND YACHT CLUB, a California non-profit corporation ‘ClYC”).
RECITALS
A. Throughout the City of Avalon there are numerous worthy public benefit causes.
B. Many of these public benefit causes operate with minimal financial support.
C. CIYC is qualified under Internal Revenue Code §501(c)(3) and parallel provisions of the California Revenue and Taxation Code.
D. CIYC is particularly interested in assisting public benefit causes in general and worthy projects of the City of Avalon in particular.
E. CIYC desires by this Agreement to pledge its financial support to Avalon public benefit causes. CIYC acknowledges that the City of Avalon will rely on the pledge herein set forth in planning and assisting these public benefit causes in carrying out their respective missions and in allocating assets among all of the City’s activities, and in other respects. CIYC further acknowledges that City will suffer severe detriment if the pledge herein set forth is not fulfilled by CIYC.
NOW, THEREFORE, in consideration of the Recitals and the mutual covenants herein contained, the parties, intending to be legally bound, hereby agree as follows:
1. Recitals. The Recitals are made a part of the Agreement of the parties.
2. Pledge. CIYC pledges to donate to various public benefit causes in the City the minimum sum of Five Thousand Dollars ($5,000.00) per year for the life of thelease, commencing in 1995. The annual pledge amount may be paid in installments or in alump sum at any time prior to the end of a calendar year, as CIYC may elect. CIYC at any time may prepay one or more years of its future annual pledge obligation, in which event the annual pledge amount to be prepaid shall be discounted to its present value using a discount rate equal to the then Federal rate under Internal Revenue Code §1274(d) orsuccessor statute which would be applicable to an obligations having a direction equal to the number of years for which prepayment is being made by CIYC. City may, but is not required to, accept non-cash donations in lieu of the subscription payment. 950S29 paa 0843118(1) —1—
3. Use of Donation. At least once each calendar year, CIYC representatives, the Mayor, Mayor Pro Tern and City Manager will review funding allocations and discuss and determine the use and expenditure of funds donated to City public benefitcauses by CLYC to be paid by CIYC.
4. Cessation of Obligations. CIYC shall be relieved prospectively of its annual pledge obligations under this Agreement only if:
(a) City violates its covenant under paragraph 3 of the cic lease; or (b) City terminates the Catalina Island Yacht Club lease; or (c) payment of the annual pledge amount would violate the operating requirements applicable to a public charity under Internal Revenue Code §501 (c)(3) and the regulations promulgated hereunder or applicable provisions of the California Revenue and Taxation Code.
Attest:
CITY OF AVALON
950829 paa 0843118(1) —2--
FIRST AMENDMENT TO LEASE
This First Amendment is made April 4, 2006, to the Lease Agreement by and betten the CITY OF AVALON, a municipal corporation (Lessor) and the Catalina Island Yacht Club (“Lessee”) dated November 21, 1995.
The first paragraph of Section 4.11, Base Rent, is amended as follows:
4.1. 1. Base Rent. Tenant shall pay to Landlord an annual Base Rent in the sum of $10,000.00 (Ten Thousand Dollars), payable in advance on or before the first day of each calendar year during the term hereof and the Extension Option period.
Except as amended above, all other terms and conditions of the Lease Agreement shall remain in full force and effect.
“LESSOR” ATTEST:
City of Avalon
By:______
Tom Sullivan, City Manager Kathleen Johnson, Deputy City Clerk “LESSEE”
Catalina Island Yacht Club
By:
____
___________
Its:
By:
___________________
Its:
City Leases\CIYC flrst Amendment 032906 - I -
FIRST AMENDMENT TO SUBSCRIPTION AGREEMENT
This First Amendment is made April 4, 2006. to the Subscription Agreement by and between the CITY OF AVALON, a municipal corporation (‘Lessor”) and the Catalina Island Yacht Club (“Lessee”) dated November 21, 1995.
Paragraph 2, Pledge, is amended as follows:
2. P1edg. CIYC pledges to donate to various public causes directly benefitting the City of Avalon and/or its residents the minimum sum of Twenty Six Thousand Dollars ($26,000.00) per year for the remaining life of the lease, commencing in 2006. The annualpledge amount may be paid in installments or in a lump sum at any time prior to the end of the calendar year, as CIYC may elect. CIYC at any time may prepay one or more years of its future animal pledge obligation, in which event the annual pledge amount to be prepaid shall bediscounted to its present value using a discount rate equal to the then Federal rate under Internal Revenue Code § 1274(d) or successor statute which would be applicable to an obligation having a direction equal to the number of years for which prepayment is being made by CrYC. City may, but is not required to, accept non-cash donations in lieu of the subscription payment.
Except as amended above, all other terms and conditions of th.e Subscription Agreement shall remain in thil force and effect.
CITY OF AVALON ATTEST:
By:_____
_____
Tom Suiiivan, City Manager Kathleen Johnson, Deputy City Clerk
CATALINA ISLAND YACHT CLUB
By:
Its:
By:
____________________
Its:
City Contracts\CIYC First Amendment
Subscription Agreemenl 032906 - I -
O R SI N /\ L
SECOND AMENDMENTS TO
LEASE AGREEMENT SUBSCRWTION AGREEMENT BETWEEN THE CATALINA
ISLAND YACHT CLUB AND THE CITY OF AVALON
These Second Amendments to the Lease Agreement and Subscription Agreement between the Catalina wand Yacht Club and the City of Avalon (“Amendments”) are made and entered into this day of
2017 (“Effective Date”) by and between the City of
Avalon, a California municipal corporation (“City”) and the Catalina Island Yacht Club, aCalifornia Corporation (“Yacht Club”). City and Yacht Club may be collectively referred toherein as “the Parties.”
RECITALS
A. City and Yacht Club are parties to that certain Lease Agreement between the Catalina Island Yacht Club and the City of Avalon (“Lease Agreement”), dated November 21, 1995, which provides for an initial lease term to September 30, 2010.
B. In a document known as the First Amendment to Lease, dated April 4, 2006, the Parties amended Section 4.11 of the Lease Agreement to state that the Yacht Club wouLd pay an annual Base Rent of Ten Thousand Dollars ($10,000) during the term of the Lease Agreement and the Extension Option period. The City and Yacht Club desire to adjust the annual Base Rent to be subject to annual cost of living increases.
C. Pursuant to Sections 3.1 and 3.2 of the Lease Agreement, in 2009 the Yacht Club exercised its right to extend the Lease Agreement by ten (10) years to September 30, 2020.
D. City and Yacht Club desire to amend the terms of the Lease Agreement to add, as described herein, extend the term by three years (3) to September 30, 2023 andprovide for an additional option to extend the term of the lease another ten (10) years, to September 30, 2033. Such option must be exercised by Yacht Club on or before September 30, 2022, but no earlier than September 30, 2021.
B. City and Yacht Club are also Parties to a Subscription Agreement dated November 21, 1995 in which Yacht Club agrees to contribute at least Five Thousand Dollars ($5,000) annually to Avalon public benefit causes(“Subscription Agreement”). By a document known as the First Amendment to Subscription Agreement, dated April 4, 2006, the Parties amended theSubscription Agreement to provide that Yacht Club pledged to make annual charitable contributions totaling at least Twenty-Six Thousand Dollars ($26,000).
F. City and Yacht Club desire to amend the Subscription Agreement to rnodi& the provisions pertaining to contributions totaling Twenty-Six Thousand Dollars($26,000). Pursuant to the new provisions, the Yacht Club will continue to makeannual charitable contributions and the amount of the contribution shall be subject an annual cost of living increase.
65059.0000029763054.2
G. City and Yacht Club desire for Yacht Club to continue to make repairs, improvements and maintain the Yacht Club structure. In furtherance of the obligation to make repairs and improvements to the structure and to maintain the structure, the City and Yacht Club desire to amend the Agreement to provide thatthe Yacht Club will spend whatever dollars are needed annually to achieve thisobjective. It is noted in the past that the amount is estimated to be no less than $30,000 annually.. Additionally, the Yacht Club will present to the City Council in an annual report a description of the work completed in the past year, the cost of the work, and the anticipated work to be undertaken in the upcoming year.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein, the Parties hereto agree as follows:
1. INCORPORATION OF RECITALS.
The above recitais are incorporated by this reference as though fully set forth herein.
2. REVISIONS TO LEASE AGREEMENT.
2.1 Section 3.1 of the Lease is hereby amended to provide that the Initial Term of the Lease shall expire on September 30, 2023, unless earlier terminated pursuant to the termsof the Lease.
2.2 Section 3.2 of the Lease is hereby amended to provide that Tenant shall have the option to extend the lease term by ten (10) years, to September 30, 2033, provideu that the Lease is still in effect and Tenant is not in default of the Lease terms. To exercise said option to extend Tenant shall provide written notice to City no later than September 30, 2022 and not earlier than September 30, 2021.
2.3 Section 4.1.1 of the Lease Agreement shall be amended to provide that thc Base Rent shall be adjusted annually in an amount equal to the increase in the Consumer Price Index for the Los Angeles-Riverside-Orange County area.
2.4 Section 6.4 is amended to provide that the City many use the Premises for the purpose of conduct public activities sponsored by the City involving groups of less than thirty(30), upon reasonable notice from Landlord and subject to reconciling any schedule conflicts with Tenant. Landlords use of the Premises shall be without charge. Landlord’s use of the Premises shall be unrestricted to normally open public areas of the Premises, To assure that conflicts do not arise, Landlord shall coordinate in advance with Tenant’s resident manager toobtain mutually acceptable facilities (e.g. rooms and furnishings).
2.5 Section 8.5 shall be added to the Lease Agreement and shall read: “Annual Improvements. For the duration of this Lease Agreement, Tenant shall make improvementsandlor perform maintenance at whatever cost is needed to maintain the structure. Historically,this amount has been no less than $30,000 annually.. Tenant may make more or less improvements than the Thirty Thousand Dollars ($30,000.00) each year as long as during thecourse of this Lease Agreement, the improvements average Thirty Thousand Dollars($30,000.00). The City may annually inspect the property and require improvements to premises as may be needed. A record of such maintenance and/or improvements plans and the 650590000ffi29763084,2
anticipated maintenance and/or improvement efforts for the upcoming year shall be provided to the City Council annually. The Maintenance Amount shall be adjusted annually in an amount equal to the increase in the Consumer Price Index for the Los Angeles-Riverside-Orange Coint area.
3. REVISIONS TO SUBSCRIPTION AGREEMENT.
3.1 Pledge. Section 3.1 of the Subscription Agreement is amended to provide that the Pledge amount, currently Twenty-Six Thousand Dollars annually, shall be increased annually in amount equal to the increase in the Consumer Price Index for the Los AngelesRiverside-Orange County area. Yacht Club shall report those charitable contributions in an annual report to the City Council.
4. ADDITIONAL PROVISIONS.
4.1 jeA°reement. Except as amended above all other terms of the Lease and Subscription Agreements remain in fill force and effect. These Amendments and the Lease and Subscription Agreements constitute the entire agreement between the parties.
4.2 Amendments and Waivers. Neither the Lease or Subscription Agreement nor these Amendments may be changed, modified, waived, discharged or terminated except by a writing signed by the Panics.
4.3 Applicable Law: Venue. The Lease and Subscription Agreements, as modified by this Amendment, and the rights and remedies of the patties hereunder shall he governed by the laws of the State of California. The parties agree that the proper forum for resolution of matters concerning the Lease and Subscription Agreements, as modified by these Amendments, and the rights arid remedies of the parties thereunder, shall be the Superior Court County of Los Angeles, State of California.
4.4 Severability. If any provision hereof is finally determined by a court of competent jurisdiction to he invalid or unenforceable, the other provisions hereof shall remain in full force and effect in such jurisdiction.
4.5 Successors and Assigns. These Amendments shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
4.6 Counterparts. These Amendments may be executed by the Parties in counterparts, each of which shall be an original and all of which counterparts shall together constitute one and the same agreement.
4.7 Defined Terms. Terms used herein with initial capitals shall be defined terms either as defined in this Amendment or as defined in the Lease and Subscription Agreements. (signature page to follow)
65059. 00000i29 163 084 .2
SECOND AMENDMENTS TO
LEASE AGREEMENT SUESCRIFUON AGREEMENT BETWEEN THE CATALINA ISLAP4D YACHT CLUB AND TilE CITY OF AVALON
IN WITNESS WHEREOF, the parties have caused these Amendments to be executed by their duly authorized officers as of the first date above written.
CITY OF AVALONAnni
s
Marshall, Mayor
ArrEST:
By:
_
Clerk
APPROVED AS TO FORM:
By:
___
Best Best & Krieger LLP
CATALINA ISLAND YACHT CLUB
By: /iLA—
Name: ad#a. R-eE
Title: cnAtd
6505 9.OO000297630&4.2
05/31/2017 12:59 FAX I0004/0O04
SECOND AMENDMENTS TO
LEASE AGREEMENT SUBSCRIPTION AGREEMENT BETWEEN THE CATALINA
ISLAND YACHT CLUE AND THE CITY OF AVALON
[N WITNESS WHEREOF, the parties have caused these Amendments to be executed by their duly authorized officers as of the first date above wdtten.
CITY OF AVALON
Anni Marshall. Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
CATALINA ISLAND YACHT CLUB
By: /aAJ
Name: Rfi.-e2,
Title: c’nes , ctv4C
65O5900O0O29763OS4.2
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 2022 AGENDA ITEM: S
ORIGINATING DEP: Public Works CITY MANAGER:
PREPARED BY: Robert Greenlaw, Director of Public WorksSUBJECT: Approve Professional Services Agreement for Avalon Mode Shift Feasibility Study
RECOMMENDED ACTION(S): Approve a Professional Services Agreement for the AvalonMode Shift Feasibility Study for a not to exceed cost of S160.000 with W-Trans, Inc.
REPORT SUMMARY: Avalon City Council accepted a grant on August 4, 2020 from the California Department of Transportation to study strategies that will enable the city to develop amultimodal transportation strategy to reduce reliance on personal motor vehicles, enhance theCity’s public transportation services, and guide implementation of recommendations from theCity’s previously completed Active Transportation Plan. The strategies and programs identified in this study will focus on making non-vehicle alternatives readily available and convenient for Avalon residents and visitors for a variety of trip types, while also considering the needs of local businesses.
The grant requirements require a competitive solicitation focused on the grant. A request for proposals was solicited and closed on May 20, 2022. W-Trans was the only firm to submit aproposal. Staff evaluated the proposal and determined that it met the requirements of the solicitation and their staffing plan/budget appears consistent with the schedule expectations.
Additionally, W-Trans is well qualified for this effort as they are part of the City’s on-call engineering group and regularly perform transportation studies for the City. W-Trans submitteda proposal for $149,975. Staff is requesting a not to exceed authorization of $160,000 to allowfor any contingencies. The grant was awarded for $173,519 with a S23.641 matching requirement for a total project budget of $197,000.
GOAL ALIGNMENT: Transportation planning and sustainability.
FISCAL IMPACTS: This a FY22/23 budgeted project under project number 225501, budget code 10255-6685.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The study will not becompleted.
FOLLOW UP ACTION: Execute professional services agreement.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.ATTACHMENTS: Proposal from W-Trans provided under separate cover.
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8. 2022 AGENDA ITEM: ‘1
ORIGINATING DEP: Finance CITY MANAGER: 12L1A.t
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2022-2023 Miscellaneous Fee Schedule Workshop RECOMMENDED ACTION(S): 1. Open the Public Hearing to hear public comments. 2. Close the Public Hearing. 3. Discuss and determine an appropriate fee increase. 4.
If consensus, adopt the fee schedule.
REPORT SUMMARY: The City charges fees for miscellaneous public services, facilityuse/rental and activities. User fees are assessed and collected for City services and programsprovided by various departments including:
• Recreation programs and facilities
• Planning & building (reviews, inspections, variances, etc.)• Fire, Law Enforcement, Code Enforcement• Harbor operations and activities• Cemetery • Finance/Administrative Services• Public Works
These are services that convey a benefit, grant a privilege, provide for review and enforcement of regulatory activities, enforce laws or are a condition of development. Under State law, cities may charge fees to recoup the direct and indirect costs related to the provision of user services.
Ideally, each year, cities should review their fees to establish new fees, modify existing fees! and eliminate fees that are no longer required to ensure that City fees are in line with the costs incurred to provide them. In Fiscal Year 2021-22, City Council approved a 2.48% increase for the majority of fees, with the exception transit fees and certain recreation fees. The percentage increase was based on the consumer price index (CR) information provided by the Bureau of Labor Statistics for Los Angeles County based on the latest available fiscal year information.
Using the CPI as an average cost increase annually ensures the city does not unnecessarily burden the citizens with unusually large spikes in fees while also ensuring that the City continuesto recoup costs associated with the increased costs to provide these services.
Staff recommends increasing the majority of fees based on the latest available calendar yearCPI information provided by the Bureau of Labor Statistics for Los Angeles County which shows an increase of 5.07% based on the second half of 2021! with the fees rounded to the nearest dollar.
The following fees are new to the fee schedule or increased by an amount other than CPI:
• Ambulance service fees set based on Los Angeles County Emergency Medical Services Agency Rate Schedule
• No proposed increase to fixed route and dial-a-ride transit fees • Day Camp daily and weekly fee increase does not go into effect until Summer 2023 to avoid rate increases mid-program.
Based on Council’s prior direction! Staff plans to reassess the vehicle permit fees, currentlyincreased by CPI, to ensure the fees are sufficient to cover the costs associated with vehicle permitting and enforcement during the upcoming fiscal year prior to the start of vehicle registration in 2023. In addition! Staff is reassessing the transient rental licensing fee, which replaced the Conditional Use Permit process for transient rentals and will present the updated fee and its annual renewal for Council consideration and adOption during the upcoming fiscal year.
Notice of the public hearing was published in accordance with the applicable law.
GOAL ALIGNMENT: City costs will be offset by annual revenues.
FISCAL IMPACTS: Staff estimates that should general City fees be increased by the recommended amounts, annual revenue of approximately $50,000 in the General Fund and $100,000 in Harbor Fund revenues would be generated! offset by cost increases to Cityoperations.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The costs of special services will not be fully funded by fees paid by the users of those services. The unfunded portion of user services will be subsidized by General City tax revenues and/or available fundbalances.
FOLLOW UP ACTION: Adopt the attached resolution establishing city rates and fees for services.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
• Resolution• Exhibit A — Proposed Miscellaneous Fee Schedule FY22-23 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVALON SETTING FEES FOR SERVICES, FACILITIES
AND ACTIVITIES OF THE CITY OF AVALON FOR FISCAL YEAR 2022-23 WHEREAS, Pursuant to a Public Hearing held on June 8, 2022, the City Council considered the recommendations of Staff regarding the appropriate fees for permits, approvals,services, activities and other user services; and WHEREAS, state law allows cities and other local government agencies to recoup the full cost of user services; and
WHEREAS, most City fees were previously adjusted effective July 1, 2021; andWHEREAS, City costs of providing services have increased on average consistent with the consumer price index (5.07%) for the most recently completed fiscal year in which data is available (2021 2N0 HALF) from the Bureau of Labor and Statistics for Los Angeles County; and WHEREAS, the Avalon Municipal Code provides that all of the fees, charges and costs listed in ‘Exhibit A” attached hereto and incorporated by this reference shall be set by resolution of the City Council; and
WHEREAS, the fees, charges and costs listed in Exhibit A” have been available for public inspection for at least 10 days;
NOW, THEREFORE, the City Council of the City of Avalon, State of California, does determine, find and resolve as follows:
Section 1: The City Council hereby finds that the fees set forth in “Exhibit A” Miscellaneous Fee Schedule Fiscal Year 2022-23 represent a reasonable estimate of the cost of providing the services, activities and/or facilities for which fees are charged.
Section 2: The City Council hereby adopts the fees for City services, activities and/or facilities as set forth in “Exhibit A” attached hereto and made a part hereof, which shall be effective July 1 2022.
PASSED, APPROVED AND ADOPTED by the City of Avalon, State of California this 8th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
Fee Schedule
Fiscal Year 2022-2023
PROPOSED JUNE 8, 2022
City of Ava Ion a
)
Table of Contents
Section Department Page
I Administration 2II Cemetery 3Ill City Clerk 4IV Finance 4 V Fire 5VI Harbor 6VII Law Enforcement 8VIII Planning 9 IX Public Works 16
X Community Services 16XI Avalon Transit 18XII Use of Manpower 18 and Equipment
Recreation Detail 20
DRAFT - 6/1/2022
MISCELLANEOUS FEE OR SERVICE
SECTION - ADMINISTRATION UNIT FY 22 FY 23 Proposed
Rental of CiLy Hall
City Council Chambers/Conference Room Per day 177 186Cleaning & Key Depcst Each 235 247 Government and Civic Groups Per day Free with Approva’ Free with Approval Permits 6
Bicycte License/Reptacement Each 14 15Legat and Professionat Fees Cost + 20% Cost + 20% Late Payment Fee (unless stated etsewhee) Each 10% (mm $25) 10% (rim 525)Late Payment tn:erest on Past Due Batarce Monthly 0.50% 0.50% Transpc,lation Perrri: Each 249 262
Encroachment Permit Each 249 262Newspaper Rack Permit Each 249 262 Appeal to Hearing Officer Each 249 262Appeal to City Council Each 417 438 Vehicle Permits
Residential Autoette Each 35 37
Residential Vehicle Each 35 37
Commercial Autoette App. (Hearing)
App. Hearing Each 72 76Autoette Renewal Each 35 37
Commercial Vehicle App.(Hearing)
App. Hearing Each 72 76
Vehicle Renewal Each 35 37
Non Emergent Public Service Permit Each 35 37
Oversized Autoette App(Hearing)
App. Hearing Each 72 76Autoette Renewal Each 35 37
Oversized Vehicle App(Hearing)
App. Hearing Each 72 76
Vehicle Renewal Each 35 3/On Service Call Placard (Annual Permit) Each 22 23 hterio Vehicle Each 35 37Dupicate Hearing Notice Each 81 65Hearing Officer Appea Eacn 250 263 City Conci Appeal Eacn 418 439
Daily Terpo’ary Permit Each 32 34
Monthly Temporary Perm t Each 335 352Permit Late Fee Each 29 30 DRAFT-6l:2022 I ofDO
MISCELLANEOUS FEE OR SERVICE
SECTION II - CEMETERY UNIT FY 22 Pt 23 Proposed
Single Ground Burial
Plol Each 1.134 1.191Mainlenance Each 206 216
Open/Close Grave Each 826 868Vaut Each 910 956
Ground Memorial Each Cost÷10% Cost+10% (including_Processing_Fee)Marker Placement Each 188 198Ground Vase Each 18 19 Double Ground Burial
Plot-Douo e Deep Each 1.645 1728Mainlenance Each 416 437 Vaul: Each 910 956
Ground Memorial Cost+10% Each Cost+10% (including Processing Fee) (w/ $800 Deposit) Name Scrolls for Ground Memorial Each Cost+10% . Cost+10% ( including_Processing_Fee)Date Scroll for Ground Memorial Each Cost+10% Cost+10% (including_Processing_Fee) Marker Placemenl Each 188 198
Burial of Cremated Remains
1/2 Plot Each 566 595
Maintenance-LIFETIME Each 108 113Open/Close Grave Each 254 267 Ground Memorial Cosl+10% Each Cost+10% (including Processing Fee) (w/ $800 Deposit)Marker Placement Each 188 198 Cremated Remains in Niche Wall
Niche Each 619 650
Placemenl of Remains in Niche Each 79 83
Small Niche Vase Each Cost Cost
Single Niche Plaque Each Cost 10% of Cost (including_Processing_Fee)Double Niche Plaque Each 10% of Cost 10% ol Cost (including_Prccess_ng_Fee) lns:altation ol Plaque Each 73 77
Scroll for Compa’.ion Plaque Each cO% cf Cost W’/r of Cost (including_Processing_Fee) Memorial for Cremated (Scattered) Remains
Memo.a Wal Reservaton Each 204 214Memo’ia Wa’l Plaque Each Cost+10% CosI10% (including_Processing_Fee)Installation of Plaque Each 73 77 Small Burial Vault Each 175 184
DRAFT -6 1.2022 2 of 20
MISCELLANEOUS FEE OR SERVICE
SECTION III- CITY CLERK UNIT FY22 FY23 Proposed
Film Location Permit
A9pl:ca:ion Fee Each 26 27
Tenor fewe employees Each 242 25More than ten employees Each 324 340 Slid Pholography Permit Day 112 118
Copy Fee Each 0.11 0,12
Lamination Fee Each 2 2
SECTION IV- FINANCEBusiness License Program Collection Fee TOTAL Business License Collection Fee Each 411 41
Bus. License. Collection Fees set by resolution. Sec. 3-1.112 of the Municipal Code and is the fee for processing the BusinessLicense TaxPer S61186 $1 ($4 through 12/3112023) for Division of Stale Each 4 4 Architect (DSA) for Certified Access Specialist Business License Tax is on pg 3.109 Sec 3-1.202 of the Municipal Code and can only be changed by an ordinanceFats, Oils and Grease Fats. Oils and Grease Permit Fee Each 311 390
Inspection Fee Each 108 113
Re-Inspecton Fee Each 163 111Replacement FOG Binde’ Each 56 61Replacement Best Management Practice Poster Each 18 19 Returned Check
Returned Check Each 29 30Each Returned Check after first offense Each 40 42 Commuter Card Replacement
Commuter Card Replacement Each 12j 13
bog License
Neutered Each 32 34Unneutered Each 65 68
Duplicate Tag Each 1 1Late Fee Each 32 34
DRAFT-6!l:2022 3 of2O
MISCELLANEOUS FEE OR SERVICE
SECTION V- FIRE UNIT FY22 FY23 Proposed
Ambular.ce Service (ALS) Each 2.550 2,532
Ambulance Service (BLS) Each 1,702 1687
Oxygen Service* Each 102 108*per LA County Emergency Medical Services Agency Rate Schedule Copy of Report FirelAmbulance Each ] 42 44 False Alarm
1st None None
2nd 41 433rd 164 172
Weed Abatement
Weec Abalement (iio’udng Processing Fee) Each ] Cost + 20% Cost + 20% Plan Check Hooos Per Pan Cneck 568 597
Sprinkler Pe Plan Check 568 597Alarm Per Plan: Check 568 597 Fire Per Plan Check 282 296
Occupancy Calculation Per Plan Check 143 150
Hydrant Flow Check Per Plan Check 132 139
Automatic Dialer Alarm System
Signup Each 204 214
Renewal Each 295 310
Hazardous Material Clean Up
Hazardojs \a:elal Clear Up
(irclud!ng_Processing_Fee) . . Each Cost + 20% Cost ÷ 20% Hazardous Inspections Each 140 147Low Each 140 147
Ordina.y Each 140 147
Hign Each 275 289
Special Each 275 289
Reinspection Each 275 289
DRAF F - 6 I ‘2022 4 ot20
MISCELLANEOUS FEE OR SERVICE
SECTION Vi- HARBOR UNIT FY 22 FY23 Proposed
Credit Card Processing Fee Each 399% 3.99%Hoist Each 31 33Harbor SpIIs (incuding Processing Fee) Each Cost ÷ 20% Cost + 20% Harbor D.schage Appeal Each 440 462
Towing Fee Each 62 86Waterside Application Fee Each 262 275Waterside Application_Deposit 1st Installment Due 4/1 500 500
2nd Installment Due 8/I 500 500
Haul Out Fee 71 75
Storage Fee - Per Week Per week 31 33
Mooring Service Charge (Mooring Rates -Daily Use)
Dinghy Dock Daily Free Free
30’ and under Daily 42 44
31 Ic 39’ Daily 46 48
40 to 49’ Daily 58 61
50 to 59’ Daily 70 14
60’ 1069’ Daiy 92 97
70’ to 79’ Daiy 114 12080’to89’ Daiy 128 13490’ to 99’ Daily 152 160 100 or more Daily 111 180
Special Spring/Fall rate: Pay 4 nghts
. - ‘ Pay’ nights consecutive Spnr.g - Pain-, Sunday thru June 15th Nigits consecutve aria get £ -. ‘ and get the next 3 dee Fall - eot lStn thru Oct 14th the next 3 free Pay 2 nights Special Winter rate: . Pay 2 nights corsecut ye Ntignts consecutive ar.d October 15th thru Palm Sunday and getthe next 5 free getthe next 5 tree Hospital Measure H (beginning 4/1/2022) Daily 1 1
4 Hour Rate Each 1/2 over night tee 1/2 of over night fee 30’ and under Each 21 22
31’toSg’ Each 23 2440 to 49’ Each 29 3150’ to 59’ Each 35 37 60’ to 69’ Each 46 4970’ to 79’ Each 57 60
80’ to 89’ Each 64 67
90’ to 99 Each 70 80
100’ or more Each 80 90
Annuat Lease Fees
30’ Annually 1,581 1,66140’ & 45’ Annually 2.115 2222
50’ Annually 3.171 333260’ and above Annually 3.805 3.998Annual Mooring Perm.t (cost/ft’monlh) Annually 1 1.05 Plus marteiarce. cnain and taxes
Water Dock Coin Operaticn for Fresh Water Ccst Cost
DRAFT - 61 2022 5 of 20
MISCELLANEOUS FEE OR SERVICE
SECTION VI- HARBOR UNIT FY22 FY23 Proposed
Harbor Use Foes and Wharfage
Harbor Businesses 7% gross receipts 7% gross receiptsFishng Tc-arnament, Per Boat 4% gross receipts 4% gross receipts (Charitabte Exerp:icn) Per Passenger Cross Channet Carriers 3.00 3.00 Each Way Cruise Ships (100% of tanded passengers) Per Passenger 5.00 5.00 Hospitat Measure H Per Passenger 0.50 0.50 (tncreases to $1.00 effective April 1, 2023) Arriving Shoreboat Fee Per Passenger N/A 7.00
DRAFT
- 61.2022 6 of2O
MISCELLANEOUS FEE OR SERVICE
SECTION VII- LAW ENFORCEMENT UNIT FY22 FY23 Proposed
Animal Control Each 26 27A”irnal Round Up Each 41 43A’inal Board g Each 1 43 Vehicte ln-oocnd Each 176 185Outdoo’ Reslaral Review Each 249 262 BicycleDaily Storage Daily 2 2
Fines:
Fix It Ticket Each 26 27
Obedience to Traffic Device Each 49 51Parking on Private Property Each 49 51 Curb Marking Each 49 18
Loading Zone Each 49 20
Commercial Overnight Parking Each 84 88
Fire Lane Each 84 88
Fire 1-lydranl Each 84 88
18 From Curb Each 49 51
Dixabled Parking Each 426 448
Fines:
Dx: Tickel Eact 26 27
Obedience to Tra5c Device Each 49 5
Parking on Private Properly Each 49 51Curb Marking Each 49 51Loading Zcne Each 49 51 Comr,erca Overnight Parkir Each 84 88Fire Lare Each 84 88 Frre Hycanl Each 84 88
18 1mm Curb Each 49 51
Dixabted Parking Each 426 448
DRAFT-SI 2022 7n120
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING UNIT FY22 FY23 Proposed
Public Noticing Each 249 262
Tentauve Parcel Ma Each 1670 1755Tentative Tract Map Eacn 1670 1:755 Final Tract Map
Final Tract Map Deçosit Each 4,182 4,394
Final Tract Map - Engineer Review Each COST + 20% COST + 20% (including_Processing_Fee) Final Parcel Map Deposit Each 4,182 4,394
Final Parcel Map Each COST + 20% COST + 20% (including_Processing_Fee)Final Parcel Map - Engineer Review Each COST + 20% COST + 20% (including_Processing_Fee) Lot Line Adjustment Each 727 764
Conditional Use Permit (CUP)
Condo Conversion Each 2.506 2633
Bonus Density Each 2,506 2.633
All Others Each 1,670 1755Conditional Use Permit (Transient Rental) Each 345 3:621 (CUP/S 1755. CDP/51 113, Public Notice/5262: CEOAJS4QI) Home Occupancy Review Each 168 77
Variance
Less than 25% Each 553 581
Greater than 25% Each 1.101 1.163
Coastal Devepmert Pernit (CDP) Each 1.059 1.113
Zone
Zone Charge Each 4:175 4,387
Zone Change. Local Coastal Permit (LCP) Each 8,351 8,774Zoning Confirmation letter Each 261 274 Sign
Temporary Sign Permit Each 80 89
Business Corner Sign Permit Each 300 315
Sign Permit Each 261 274
Sign Vsriance Each 417 430
Fees for Additional Processing Needed:
General Plan Amendment Each 2,089 2,195
General Plan Deposit Each 11,950 12,556General Plan Consultant Preparation Each COST+20% COST+20% (including_Processing_Fee) General Plan City Attorney Review Each COST-2D% COST+20% (inctucing Processi’,q ree Appeal to Planning Commission
Appeal to Planning Conimiss on Fee Each 835 877
Development Agreement
Development Agreement Deposit Each 11.950 12,556Development Agreement Attorney Review Each COST+20% COST+20% (including Processing_Fee) DRAFT6l,2022 8of20
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT FY 22 FY 23 Proposed CEQA
Categorical Exemption Each 467 491
Mitigalion Negative Declaration Each 834 876Declaration Deposit Each 2,987 3,138 Consultant Preparation (including Processing Fee) Each COST+20% COST+20% Attorney Review (including Processing Fee) Each COST+20% COST+20%Attorney Preparing/Fiting (including Processing Fee) Each COSTt2O% COST-20% Mitigation Monitoring (including Processing Fee) Each HOURLY COST÷20% HOURLY COST+20% EIR 16
ElR Deposit Each 12018 12386Const:hanl (including Processing Fee) Each COST#2D% COST+20% Attorney Review (including Processing Fee) Each COST+20% COST2O% Attorney Preoa(ngiFiling (including Processing Fee) Each COST+20% COST—20%Attorney Rev,e.v Approval -CC&Rs (,icludng_Prccessng_Fee) Each COSTt2O% COST÷20%
Extension-C Month Eacn 169 174
Comptiance Certificate Each 384 403
Admin,strative Permit Each 412 433Accessory Dwelling Unit Permit Each 412 433 Preliminary Review Fee Each 273 287
Temporary Use Permit (NEW - FY21) Each 39D 390
Site Plan <25% of building Each 1.107 1,163Site Plan> 25% Each 2,213 2,325 Building Permits
Issuance Fee Each 40 42
Valuation $0 to 8700 - Each 54 57
Valuat.on $700 to $25,000 Each 82 86
Plus ‘c’ eac, add’.orial 51 O o. “actcn above 51.000 Each 22 23 Valjation $25,001 to 550.000 Each 588 618
Ius ‘c each add1.cial $1,000 or fraction above $25,000 Each 16 17 Valuation $50,001 to 5100,000 Each 999 1050
P’s for each accilicrra 5:000 Cr fraclio, above $50,000 Each 12 13 Valuation Si 00,001 to $250,000 Each 1,607 1,688
Pius- tor eact additional $1,000 or traction above SI 00,000 Each 7 7 Valuation $250,001 to $500,000 Each 2,465 2,590
Plus for each additional $1000 or fraction above $250,000 Each 7 7 Valuation $500,001 and over Each 3,747 3,937
Plus. for each additional $1,000 or fraction above 8500.000 Each 6 6 Work within Archeotogical Sensitive Areas (ASA) - See Archeological Monitoring Fees (Page 13) Strong Motion Instrumentation 8. Seismic Mapping (SMIP) Fee Based on construction valuation + 5% Collected on behalf of the Dept. of Conservation Administration Fee to CityCaifornia Bold cg Standads & Comm.ssion (CBSC) Fee Based on constructior valuation + 13% Col/ecfed on behalf of Calif. Building Standards Commission A&mnistratior Fee to City DRAFT -6 I i2022 9 ot2O
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT FY 22 FY 23 Proposed . Included in regular plan Included in regular plan Green Building Code/Plan Check Fees check, check.
Instrumentation Program Surcharge
Residential Each 10% 10%
Other Each 20% 20%
Minimum Each 5% 5%Energy Conservation Surcharge Each 10% 10%Disabled Access Surcharge Each 5% 5% . . . . 1.5 X Building Permit 1.5 X Buitding Permit Combined Bldg/Plumbing/Electrical/Mechanical (md. Pools) Each Fee Fee Plan Chock 16
1.5 X Guiding Permil 1.5 X Buiding Permt Fla’ Check Eaci Fee Fee Slardarc Plans Each 101 106
Minimum Each 158 198Duplicate plan (percen:age o’ plan check fee) Each 70% 70%Extens on Fee (percentage of p an check fee) Each 25% 25% Grading Permit Fees
Issuance Fee Each 42 441--SO cubic yards Each 202 212
51--lOGO cubic yards Each 301 316
1,031--10,000 cub c yards Each 1,196 1259
toreach additional 700 cu.yds. or fraction above 1.000 Each 85 89 10,001--100,000 cubic yards Each 198 208
rot each additional 700 cayds or traction above iO.X’O Each 54 57 101,000 or more Each 6,567 7,215
for eacn addtionai tOOc,, yds. or fraction above 1CU000 Each 135 142 See Archeologica/ Monitoring Fees for work with/n Archeo!og/cal Sensitive Areas (ASA)Grading Plan Check Fees G’ading Plan Check (inc ud ng Processing Fee) Each COST+20% COST+20%Deposit 1.722 1.809 Landscape Permit Fees
2,500--1.500 square feet Each 231 249
l,50l--15,000 square feel Each 354 372
l5,000--30,0C0 square feet Each 110 746
30,001 square feel to I acre Each 867 911
Landscape Plan Check Fee
Landscape Plan Check (including Processing Fee) Each COST’+20% COST+2D%Deposit 1,148 1,206 DRAFT -6’ t 2022 10 of2O
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT FY22 FY23 Proposed Additional Fees
Work Commencing before Permit Issuance
Per CRC 1094 Each 2x Permit Fee 2x Permit FeeMinimum Fee for violation Each Mm. $100 Mm. $100Issuance for items below Each 42 44Miscellaneous site inspection Each 526 553 Occupancy Inspection (Change of Use)
Residential Each 2741 288
Other
less than 5000 square feet Each 671 705
504 --10000 square ‘eel Each 809 850
0,001--l00,000 square feet Each .3’6 l,44
above 100,001 square ieer Eacri 2.036 241Subslanda’d Not.ce Correct,on lrsseclion Eacn 476 500 Demoui:on Permit Fee Eaci 205 215Demo.m:on lnspecfon-AsbestosiLead Each 305 320 Group A. Division 4 Strjcljres Each 274 288
Amusement Park Inspections
Fi’sI structure Eacn 205 215Each acd,tional structure Eacn 33 35 Building relocation
up 10 2.500 square fee: Each 543 572.501 square feel and above Each 1.087 1,142 Trailer Coach Inspections Each 202 212Inspection Outside Business Hours, per hour Each 123 129 Olhe inspection, per nnur Each 123 129
Barriers for Poc’s Each 15 121Permit Copy Each 3 3Public Record Researcn (per hour) Each 38 40Concep: Review Asproval Each 162 170Concrete’ Materma. Testing (NEW FY21) Each Cost + 20% Cost * 20% Geotechnical Site Review
Engineering geology repcl Each 526 553Geotechnical engineering report Each 526 553Combinaron Repon Each 735 772 Rev ev to deter”-mne need for recort Each 526 553
Coastal engineering reporis Each 483 507Parking occupant load calculation Each 136 143Reproduction of microfilmed plans Each 42 44 Assignment of house numbers Each 67 70
Hourly Rate to review changes Each 136 143
Hourly Rate to review additional changes Each 136 143
Certificate of Occupancy
Cerlificate of Occupancy Issuance Each 127 133
Temp. Certificate of Occupancy (TCO) (90 Days) Each 189 199TCO Extension (30 days) Each 121 133 Processing 45-day notice Each 551 519Processing Notice of Violation Each 911 957Notice of Compliance . . . . Each 376 395 (Rescission_of_Notice_of_Violation) Noncompliance Fee Each 252 265
DRAFT - 6:1,2022 II o120
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT FY 22 FY 23 Proposed Plumbing Permit
For Issuing Each Permit Each 42 44In Additon
For each flxtjre Each 22 23For eacri d sbwasher Each 22 6For each drainage or sewer backwater valve Eacn 60 63 For each sewer latera replacement Each S36 + Si 001 per LF S36 + Si 00/ per LFFor each swimming pool drainage trap and receptor Each 22 23 5 outlets or less Each 22 16
eaci outlet over 5 Each 5 5
Mecium or high pressue syser Each 75 18
each system Each 87 20
each additional outlet Each 5 5
For each private gas meter Each 22 23
For each private gas pressure regulator Each 22 23For each water heater and vent Each 22 23For alteration of drainage/vent piping, each fixture Each 22 23For each water pressure regulator Each 22 23 For other potable water
1-1/2 inch and smaller Each 22 23
2 inches to 3 inches Each 65 68
over 3 inches Each 138 145For replacing water piping, each fixture/device Each 8 8For sprinkling system, each backflow preventer Each 22 23For each backflow preventer (unprotected water supplies) Each 22 23 For each trap primer Each 22 23For each solar heating system Each 69 72 Investigation fee for work without permit
R-3 occupancies Each 214 225
All other occupancies Each 429 451
Noncompliance Fee
fl-3 occupancies Each 129 136
Au other occtoancies Each 257 270
Boa’c of Appeats fee Each 547 575
Alterna:e material ee Each 279 293
Additiorat hourly rate Per 10cr 138 145
Fats, Oils and Grease Fees -see Section IV Finance Business License DRAFt -61/2022 12 ot’20
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT Pt 22 FY 23 Proposed Electrical Permit
Issuance Fee Each 421 4’
New Residential building Surcharge
multifamly. per square foot addition or remodel (added) Each 0.08 008 single or two family, per square foot Each 0.09 009
For 15 or 20 ampere receptacles
First 10 branch circuits Each 23 24Each additiona branch circut from 1 to 40 Each 19 20Each addifiona branch circu t over 40 Eac9 35 37 Receptacle, Switch, Lighting
First 20: each Each 2 2
Addi:icnal outlets each Each 2 2
Lighting Fixtures
First 20. each Each 2 2
Additonal fixtures, each Each 2 2
Pole or platform mounted, each Each 3 3
Theatrical lighting, each Each 3 3
Power apparatus
Rating over three to 10 Each 26 27
Rating over 10 to 50 Each 59 62Ratingover5oto 100 Each 111 117Rating over 100 Each 181 190 Busways, each 100 feet Each 33 35
Signs, Outline Lighting, and Marquees
signs and systems supplied from one branch, each Each 49 51 additional branch circuits within the same sign, each Each 16 17 Services, Switchboards
600 volts and 399 amperes or less Each 49 51600 volts and 400 to 1,000 amperes Each 97 102600 volts and over 1,000 amperes Each 207 217 Solar Systems (NEW FY21) Each 207 217
Investigation Fee, work without a permit
Minimurr fee Each 429 451Mnimum fee, one ard two family, owner-builder Each 214 225 Noncompliance Fee
One and wo u9it buildings Each 129 135
For other occuoancies Each 257 270
DRAFT-6l.2022 13 of2u
MISCELLANEOUS FEE OR SERVICE
SECTION VIII- PLANNING (Continued) UNIT FY 22 FY 23 Proposed Mechanical Permit
Permussuarce Each I 401 42
Compressor/Absorption Unit/Furnace, each
Up tc 1OC,000 BTU Each 35 37
1000CC BTU to 500,000 BTl Each 6? 70
More than 500,000 OTU Each 166 174For each air inlet air outlet (air conditioning) Each 5 5 or, for each 1,000 square tt Each 46 48
Air Conditioning Units Up to 2,000 CFM 16
each unit up Ia 10 Each 16 11each unitoverlO Each 4 4
2,000 to 10.000 CFM, each Each 48 50More than 10,000 CEM, each Each 82 86Evaporative Cooler, each Each 28 29 Commercial kitchen hood, spray booth or duct system Each 83 87Fire damper Each 13 14 Saltwater Connection/Disconnection Fees
Correction Each 129 136
Disconnection Each 42 44
Sewer Connection Fees
Res dentiat Per dwelling Lnit 1.00’ 1.052
Pjblic Shower Per shower 336 353
Hotels Per room 501 526
Take-Out Restaurant Each 1,502 1578Courches Each 2,004 2,’i06 Bar/Restaurant (iess than 100 seats) Each 3,004 3,156
Bar/Restaurant (more than 100 seats) Each 4.505 4.733
FIRE PERMITS ISSUED BY PLANNINGPlan Check
Hoods Per Plan Check 568 597
Sprinkler Per Plan Check 568 597
Alarm Per Plan Check 568 597
Fire Per Plan Check 282 296
DRAFT. SI 2022 14 of 20
MISCELLANEOUS FEE OR SERVICE
SECTION IX- PUBLIC WORKS UNIT FY22 FY23 Proposed
Spilled Load (including Processing Fee) Each COST20% COST’-20% Njisance Abatenent Qr.cludir.g Processing Fee) Each COST-i-20% COST+20% Street Sweeping (Hcluding Processing Fee) Each COST+20% COST÷20% Landslide Clean-up (including Processing Fee) Each COST+20% COST+20% Pot Hole Repar (including Processing Fee) Each COST+20% COST+20%Waste Waler Trealnient Facility Dump Fee (minimum) Each COST COSTPer Gallon (after 600-gallon minimum fee) Gallon 1 1 Public Works Permits
Excavation Permit Each 250 263Excavation Deposit (mm $50)- Issuance Fee SOUARE FT 41 43 Excavation Administration Surcharge (non-refundable) Per Deposil 20% of Deposit 20% of DepositExcavation Penally (including Processing Fee) Each COSTi-20% CDST+20%Encroachment Permit Applicalion Each 250 263 Obstruction Permit (Daily) Each 82 86
Obstruction Permit (Monthly) Each 250 263Curb Cut Application Each 250 263Abandond Vehicle -full cost apprx $I,000)vehicle Each COST COST Archeological Monitoring Fees-Work within Archeological Sensitive Areas (ASA) Issuance Fee Each 42 44
Excavation Permit: Each 250 263Deposit Depos t ‘07 4221 Archeological Monitoring Services (inc. Processing Fee) Each COST+20% COST+20% Deposit for 10 or more Anticipated Excavations a Year Deposit 8.034 8.441 (May or may not be in ar ASA) - -
SECTION X- COMMUNITY SERVICES (See Recreation Detail)
Donation for Team Sports Scholarships (mm) 1 1
T-Ball Each 32 34
Basketball (youth) Each 39 41
Flag Football Each 39 41
Swimming Lessons Each 8/class 8/classDay Camp (Weekly) Summer 2023 Each 74 78Day Camp (Daily) Summer 2023 Each 18 19 Youth Soccer Each 39 41
Adult Soccer Each 81 85Adult Flag Football Each 37 39Adult Volleyball Each 37 39 Adult Basketball Each 31 39
Recreation Regstraton Late Fee Each 20 21
Festival Booth
Non-Prcfit Orgnization (with out food preparation) Each 38 40Nor-Profit Orgnization (with food preparation) Each 55 58 All Other Each 82 86
Other Recreation Programs
Ra:es to oe established and acvertisec by the Recreation Directc tnrough flyers ar.d other media 30% Total Fees
. 30% Total Fees Leisure instructiona Classes Collected from Collected from classes classes ORAL [-61 2022 15 o120
MISCELLANEOUS FEE OR SERVICE
SECTION X- COMMUNITY SERVICES (See Recreation Detail)
Special [vent Applicalior
W’igley Stage See Recreation Detail See Recreation DetaiiStreet Banies Street Performer Permit: 31 33Sidewalk Vendor Permit 31 33 Digital Sign Board
Two-week Post Each 10 iiAnnual Post Each 67 70
Kayak and Stand Up Board Rack Rental
Six Month Each 108 113Annual Each 162 170
Use of Facilities
Facility_Deposit
Skate ParkSkate Park Facilities Deposit
Group Fees
_Joe Machado Fied
Joe \lachado Fied Desit
Group Fees
All day See Recreation Detail See Recreation Detail
Half dayCourtyrd_ony
Tremont HallTremor: Hall Facilities Deposit
Group Fees
ReservationInsurance
Field lighting (two hour minimum) Hourly 64 67
Parks
Parks Facilities Deposit See Recreation Detait See Recreation DetailCity Park Each 28 29 Knabe Park Each 28 29Kids Park Each 23 29Buena Vista Park Not available Not available Weddings
Reservations Each 511 54
DRAFT- 61:2022 tôof2O
MISCELLANEOUS FEE OR SERVICE
SECTION XI -AVALON TRANSIT UNIT FY22 FY 23 ProposedFIXED ROUTE TRANSIT General Public Per Ride Per Ride 2 2
General Public Per Pass Day 5 5General Public Per Pass Week 23 24 General Public Pe Pass Monlh 55 58
Children Under 6 wilh Paying Passenger Per Ride FREE FREE Limited to a maximum of 2 children per paying passenger ACCESS
ADA Eligible Individual Per Ride Per Ride 2 2
ADA Eligible Individual’s Personal Care Altendanl Per Ride FREE FREE ADA Eligible Individual’s Companion(s) Per Ride 2 2Children under 6 years wilh an ADA Eligible Individual Per Ride FREE FREE(Limited to a maximum of 2 children per_paying_passenger
DIAL-A-RIDE
Eligible Senior or Disabled Individual Per Ride Per Ride 2 2 Eligible Individual Ride Ic Hamilton Cove Per Ride 4 4Children unde- 6 years with an Eligible Irdivdjal Per Ride FREE FREE Limited to a maxirum of 2 children per paying oassenger CHARTER Cost + 20% Cost + 20%
SECTION XII - USE OF MANPOWER AND EQUIPMENT UNIT FY22 FY23 Proposed The Houhy & Equipment rates we used oy staff to create a composite rate for a specic seniice such as sewer lateral repair.
Note: Rates are estimates ard may be upcated cue to purchase of rew ecu.pmen: or overhead adjustments me City charges the same equipment renta rates that are specifiec in the California Slate Transportation Agency (Caltrans)These charges are mocified for Community Groups ann are shown celow.
In cases where a piece of equipment is not in the Caltrans book, the rate specified in the User Fee Schedt:Ie will be usedEquipment is not available for rent or personal use.
Sewer Cleaning & Inspections
Hourly Minimums required for work
4Hr Mm Maintenance- Operator Hourly 82 864Hr MEn Maintenance -Video Tech Hourly 82 864Hr Mm Maintenance- Helper Hourly 68 71 4Hr Mm Vactor Truck Hourly 124 1304Hr Mm Robotic CCTV - Added FY18 Hourly 72 764Hr Mm Video Pipe Camera - Added FY16 Hourly 32 34 4Hr Mm City Pick Up Truck Hourly 30 32
2Hr Vii Towacle P-essjre Washe, Jetter Hou’ty 29 30
lEr Vii Admin stration Review Hourly 101 106
DRAFT 61m2022 17 of2O
MISCELLANEOUS FEE OR SERVICE
SECTION XII - USE OF MANPOWER AND EQUIPMENT (Continued)Community Groups FirefighterlEngineer Hourly 69 72Harbor Patrol Officer** Hourly 69 72 Sheriff Depuly’ Hourly Cost+20% Cost+20%
Public Works 6
Lead Worker Hourly 52 55
Mainlenance Worker Ill F-Dory 44 46
Martenance Worker II Hauriy 38 40
Ma r.tenance Workr I Hourly 33 35Overtime Hourly 1.5 x hourly rate 1.5 x hourly rate Call Out (2 Hour Minmur) Hourly I 5 x hourly ratu 1.5 x hourly rate Seewak Street Sweeper Machine -tcurly 42 44
Waste Water Contracted Worker Hourly Cosl+20% Cosl+20%Other Personnel Hourly 1.5 x hourly rate 1.5 x hourly rate Ambulance Hourly 32 34
Dump Truck Hourly 32 34Fire Engine Hourly 43 45
Harbor Patrol Boat Hourly 32 34Pick-Up Truck Hourly 14 IS Rescue Boa: Hourly 43 45
Street Sweepr / Trash Trud Hourly 32 34
Other Equipment F-our y .5 x hourly rate 1.5 x hourly ratt Jetting Program - (Private Lateral Maintenance)
I Consists of 1 X Scheduled Angus, Service Feet of Line Truck $4ghr/ 2x Consists ol 1 X Truck 549hr) (Oopplhr.)Main 3 2, (DOpp/hr.)Main 3 worker
worker $180! Jetler $1801 Jelter 523/ HRw —100h First Time Cost $23! HRw —100ff. **public safety costs for events that conlribute more than 40% of net proceeds, but not less than $5000, to local charities shall be waived.
Private Groups
Firefighter/Engineer Hourly 134 141
Harbor Patrol Officer Hourly 134 141Sheriff Deputy Hourly Cosl+20% Cost+20% Leac Worker Hourly 112 118
Maintenance Worker Ill Hourly 97 102Maintenance Wcrke It Hourly 82 86 Mainlerarce Worker I Hourly 68 71
Sidewalk Street Sweeper Machine Hourly 82 86Waste Waler Contracted Worker Hourly Cost+20% Cost+20% Other Personnel Hourly 2.5 x Hourly Rate 2.5 x hourly rate Ambulance Hourly 53 56
Dump Truck Hourly 53 56Fire Engine Hourly 71 75
Harbor Patrol Boat Hourly 53 56°ick-Up Trick Hourly 27 28 Rescue Boat Hourly 71 75
Street Sweepe’! Trash Truck Houriy 53 56
Jetter! Pressjre Washer Houry 24 25
Other Equipment Hourly 2 5 x Hourly Rate 2.5 x bour:y rate DRAFT-h 1:2022 IS of 20
Community Services Detail FY 22-23
Group Designations for Facilty Rentals:
City of Avalon sponsored or cosponsored event or program; agencies with a reciprocal Group 1 facility use and fee schedule; and governmental agencies (serving City of Avalon residents) for business meetings and programs.
Resident leagues or leisure classes (reoccurring weekly rental 8+ occurrences), resident Group 2 smart not-for-profit organizations (those whose budget is less than one million dollars annually).
S 3 Resident private use, resident large not-for-profit organizations (those whose budget is more roup than one million dollars annually). Nonresident not-for-profit organizations.Group 4 Resident commercial, business, and for-profit organizations.
Group 5 Nonresident commercial, business, and for-profit organizations.
Explanation; Fee modifications to provide discounted rates for resident and non-profit groups that conduct special events.1) Facilities Damage & Cleaning Deposit A cleaning and security deposit of $200.00 is required for all rentals at Tremont Hall and Deposit: J.M.F for up to 200 people.
For larger rentals the amount of the deposit for cleaning and damages wilt vary based on the facility and scope of event.The City requires alt facility renters to obtain liability insurance naming the City of Avalon asadditional insured as the property owner/lessor. The renter must obtain this on their own.The City of Avaton will assist in this process by providing a step-by-step guide on how to nsurance. obtain the required insurance, which will include a list of affordable insurance agencies meeting our requirements. The renter no longer pays the fee to the City of Avalon as a pass through.
2) Skate Park Facility Rental Fee
Group 1 Group 2 Group 3 Group 4 Group 5
General No Charge 33 64 97 130
3) Joe Machado Facility Rental FeeFull Day Rental
(More than 4 hours) Group I Group 2 Group 3 Group 4 Group 5 General No Charge 76 250 312 343Courtyard Only No Charge 39 124 157 172 Half Day Rental
(Up to 4 hours) Group 1 Group 2 Group 3 Group 4 GroupS
Standard Fee No Charge 47 6 179 209Courtyard Only No Charge 25 71 88 104Lights per hour No Charge 66 9 66 66 4) Tremont Hall Facility Rental
Group I Group 2 Group 3 Group 4 Group 5
Full Day Rental No Charge 61 19 250 312Half Day Rental No Charge 38 21 157 196 5) Special Event
Group I Group 2 Group 3 Group 4 Group 5
General No Charge 32 0 0 0Beach Permit No Charge 76 250 312 343 6) Wrigley Stage
Group 1 Group 2 Group 3 Group 4 Group 5
General No Charge 33 33 64 129
7) Street Banners
Groupl Group2 Group3 Group4 Groups
General No Charge 63 99 250 250
DRAFT - 6:1 2022 19 o120
Community Services Oetail FY 22-23
Full Day Rental (More than 4 hours)
Fee:
Courtyard Ony
Half Day Rental (Up to 4 hours)
Fee:Courtyard Only
Lights per hour
4) Tremont Hall Facility Rental
Group 1 Group 2 Group 3 Group 4 Group 5
No Charge 76 250 312 343
NoCharge 39 124 157 172
Group 1 Group 2 Group 3 Group 4 Group 5
No Charge 47 6 179 209No Charge 25 11 88 104No Charge 66 9 66 66 3) Joe Machado Facility Rental Fee
Full Day Rental (Mo’e :han 4 hou’s) Group I Group 2 Group 3 Group 4 GroupS Fee: No Charge 61 19 250 312
Half Day Rental (Up to 4 hours) No Charge 38 21 157 196 5) Special Event
Fee: Group 1 Group 2 GroupS Group 4 Group 5
General No Charge 32 63 95 125
Beach Permil (NEW) No Charge 76 250 312 343
6) Wrigley Stage
Fee: Group I Group 2 Group 3 Group 4 Group 5
No Charge 33 33 64 129
7) Street Banners
Fee: Group I Group 2 Group 3 Group 4 Group 5
No Charge 63 99 250 250
DRAFT - 6/1.2022 20 of 20
CITY OF AVALON CITY COUNCIL
MEETING DATE; May 17, 2022 ADENDA ITEM; ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: David Maistros, City Manager
SUBJECT: Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley.
RECOMMENDED ACTION(S): 1. Open the Public Hearing to hear public comment. 2. Close the Public Hearing. 3. Discuss and determine appropriate action by either a.) Affirm the action of the Planning Commission; b.) Require a transcript or recording of the testimony, and all other evidence upon which the Commission made its decision, and after receiving such evidence takesuch action as, in its opinion, is indicated by such evidence alone; c.) Refer the matter back to the Commission, with or without instructions for further proceedings; or d.) Continue the matter for hearing on another date before itself. (Avalon Municipal Code Section 9-8.601) REPORT SUMMARY: On April 20, 2022, the Planning Commission of the City of Avalon took action on a request for approval of a Site Plan (Section 9-8.201 at seq. of the Avalon MunicipalCode (“AMC”)) and a Setback Variance at 261 E. Whittley for the ongoing remodel of a duplex in the Medium Density Residential zone, categorically exempt from environmental review under Section 15301 of the State CEQA Guidelines— Existing Facilities.
The April 20, 2022 meeting was the fourth time the Planning Commission heard an issue regarding the 261 E. Whittley Property:
- July 17, 2019 — A Public Hearing was conducted for Site Plan review to renovate an existing duplex with four bedrooms into a four bedroom single family dwelling. The project included the addition of 974 square feet.
- November 20, 2019 — Application for a Site Plan, Height Variance (for a chimney) and Costal Development Permit.
- March 16, 2022 — A Public Hearing was conducted to consider a Setback Variance and Site Plan review. Consideration of the request was continued to the next regular PlanningCommission Meeting. - April 20, 2022— The Public Hearing was continued and a Setback Variance was approved via PC Resolution No. 22-08, which approved the Variance and Site Plan while findingthe project exempt from environmental review.
The April 20, 2022 Planning Commission Staff Report noted the plans approved by the Planning Commission on November 20, 2019 included the remodel of an existing nonconforming structure encroaching up to three (3) feet of the rear property line and directly adjacent to the western property line, where the standard setback requirement for this zone is ten (10) feet. Thesubsequent new construction maintains a three (3) foot setback. The original construction plan included remodeling the rear property with the intent of maintaining its nonconforming status.However, after issued a building permit on September 14, 2021, it was determined that the necessary improvements to retain the second building were infeasible, and the entire structure was demolished. The owner’s intent was to move forward with the construction as previously reviewed and approved.
AMC 9-8.703 (a) establishes: “A nonconforming building or structure may be continuously maintained provided there is no alteration, addition or enlargement of any area, space or volume of the structure As the approved, necessary improvements were considered infeasible without demolition of the structure, Staff recommendation to the Planning Commission during the March 16, 2022 and April 20,2022 meetings maintained that the renovated building complies with AMC 9-8.703 (a). The Planning Commission accepted Staff’s recommendation, approvedthe Site Plan and Setback Variance by Resolution 22-08.
On May 3, 2022 Charles Canby, and other surrounding property owners, filed a timely appeal of the Planning Commission’s decision, requesting that the City Council hear the Project de novo at a public hearing.
Article 8.6 of the Planning and Zoning Code (“Appeals”) states:
a) Within 15 days after the receipt by the applicant for a variance or conditional use permit, or receipt by the owner or operator of a use which was the subject of a public hearing for revocation or modification, or notice of the action of the Commission, any person dissatisfied with the action of the Commission may file with the City Clerk an appeal fromsuch action. b) Upon receiving a notice of appeal, the City Council may:
1. Affirm the action of the Commission; or
2. Require a transcript or recording of the testimony, and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; or
3. Refer the matter back to the Commission, with or without instructions for further proceedings; or
4. Set the matter for hearing before itself. At such hearing, it shall hear and decide the case de novo.
Staff supports the Planning Commission’s consideration and approval of the setback varianceand the finding made by the Planning Commission based on the following:
1. The Planning Commission considered the request at two duly noticed regularly scheduled meetings (March 16, 2022 and April 20, 2022) and at both meetings they were able toconsider all information provided by City Staff, including analysis provided in Staff Report,construction plans, and written comments provided by neighbors.
2. Both duly noticed regularly scheduled meetings were open to the public at which time members of the public were able to provide oral testimony regarding the project for thePlanning Commissioner consideration.
3. The request was considered over two meetings to provide Planning Commissioners adequate time to thoroughly consider the request.
4. On April 20, 2022 Planning Commission accepted Staff’s recommendation to approve the Site Plan and Setback Variance.
5. Planning Commission adopted Resolution 22-08, granting the variance and noting the projects exemption for CEQA, compliance with AMC 9-8203, and that the structural footprint will remain almost exactly as it has existed since original construction.” GOAL ALIGNMENT: N/A
FISCAL IMPACTS: Any expenses incurred by the City in the preparation of the appeal arereimbursable by the Applicant.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The subject propertyowner’s entitlements will not become effective until a final decision is made. Should the appeal be upheld, the project will not move forward as proposed. The applicant may revise the Project to address any findings supporting the City Council’s denial.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
1. Appeal Materials
2. PC Staff Report April 20, 2022
CITY OF AVALON
Master Planning Application
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CEQA
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PROJECT LOCATION:
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Avalon City Hail -410 Avalon Canyon Road - P.O. Box 7070 Avalon, CA 90704 (310) 510-0220 To: Avalon City Council Members and Avalon Mayor
Reference: Requesting Denial of a Set-back variance at 261 East Whittley that was granted by the Planning Commission on April 20, 2022
From:
Charles and Claudia Canby, 242 Whittley
Richard and Leslie Warner) 306 Whittley
Robert Franks, Whittley 252 Whittley
Matt Sullivan and Jan Valentine, 257 East Whittley
Ron Lowder, 265 East Whittley
(Note that the above five addresses are adjacent to 261 East Whittley) Don Wright 237 Whittley
Tim and Pat Harrison; 314 Whittley
Ed Arnold 127 ManIla
At the planning commission meeting on April 20, 2022 the Avalon Planning Commission granted Scott Vanevery of 261 East Whittley a setback variance from the required set-back of ten feet as required in the Avalon Municipal Code (AMC) zoning rules. The vote was two against and three in favor of granting the variance. (For: Kathy Smith, Bait Class, Yoli Say; Against: Sandy Putnam, Bruce Fertig) We are appealing this decision and asking the City Council to deny this variance.
Our appeal to you is based on the following:
1. Non-conforming existing structure: Behind the main house at 261 East Whittley there was a non-conforming two-story structure that encroached approximately seven feet into the required ten-font set-back bordering the neighbors on Whittley Avenue.
2. PermissIon to Renovate on July 17, 2019: the Vaneverys applied for and were granted permission to remodel a four-bedroom single family home and to add 974 square feet to the project.
3, Permission for Remodel November 20, 2019: An application was made to modify a duplex for a chimney height variance, adding 125 square feet, changing a root slope and adding two off Street autoette parking spaces was made. (Note that structures change from a duplex, to a single-family home and back to a duplex in the applications)
4. Demolition without a Permit: After receiving approval for remodeling and during the process of the approved remodel, the owners, Vaneverys, chose to tear down the entire two story, non-conforming structure that had encroached into the required ten-foot set- back that borders their Whittley Avenue neighbors. The demolition took place in abbut April of 2021. The structure was torn clown without a demolition permit. The old structure contained hazardous mserials. In the process of demolishing the building, hazardous and non-hazardous materials were mixed and all of the building materials had to be treated as hazardous. The owners were fined.
5. Did not leave standing wall per AMC when demolished: The owners did not leave any standing wall or structure in order to maintain their encroachment variance. See AMC Article 7, 9-8.702
6 Enlarged a nonconforming building encroaching in a set-back: After the demolition, the owners submitted plans for building a duplex in the general area of the demolished structures. The plans showed a new structure, larger than the old structure, extending into the required ten-foot set back. The extent of the encroachment on their new plans was for a larger building, slightly higher than the demolished structure, and extending more linear feet along the Whittley Avenue neighbors than the old structure. In summary, the new plan encroached more into the required set-back in both area and in volume. In this neighborhood, a ten-foot set-back is required. See AMC Article], 9-
8.702 {a){2) which says that a nonconforming use is terminated when it is increased or enlarged in size.
7. Granted/Gave a set-back variance without a public hearing: After the demolition, the City of Avalon Planning Department, without a public hearing, granted permi5sion for the owners to proceed with new construction and to build into the required ten-foot set back that parallels Whittley Ave. It appears that this permit was issued September 14, 2021. The Planning Department did not follow the AMC, Section 9-7.403 (b)(8) which specifies “no structure or part of a structure not specified above may proiect into required setbacks without granting a variance under finding consistent with State Law. In addition, the planning department did not follow the AMC which says that a nonconforming use is terminated when it is increased or enlarged in size.
8. Remodel versus New Construction Permit: A permit for this project was issued as a remodel versus nw construction. After demolishing part of the house, 1250 square feet of the old house remained. The area of the proposed new construction is about 1364 square feet The area of the proposed new construction of this new house/duplex Is greater than 50% and we believe that this building permit should have been issued as new construction and not as a remodel and should follow all of the rules pertaining to new construction.
9. ConstructIon was questioned and a request for a variance was applied for: There was a planning commission meeting held on March 16 and it was continued to April 20 2022. At the April 20, 2022 a variance was granted by the planning commissioners to permit the Vaneverys to encroach seven feet into the required set-back. It is this April 20, 2022 approval for a variance that we are appealing.
10. Lacking details and time to review plans for Planning Commissioners: At the April 20, 2022 Planning Commission meeting, the Planning Department handed out the package of information for this variance to the Commissioners at the meeting, just at the very commencement of discussion for this agenda item. We do not believe that the commissioners had adequate time to thoroughly understand the project or carefully study fourteen pages of drawings or read citizen’s letters opposing this variance in just five to ten minutes. The plans that were handed out to the Commissioners were dated 5-9-19 and lack details showing (1)
A chimney and sloped roof per a past
building permit that was given for this house on 10/30/19, (2) The required off street parking for two golf carts, (3)
A setback on the up-hill side of the property adjacent to the Lowders at 265 East Whittley. (4) The plans that were given to the Commissioners were the incorrect plans, out of date plans. The Commissioners were given plans for a single-family home, not a Duplex.
11. Planning Department “Staff Recommendations” for granting a variance:
a. Same footprint: The staff said that granting a variance will not be detrimental to the public or property because the foot print is almost exactly as it has been since it has existed since original construction. We believe that the new construction is detrimental to the public because It will be a twenty-foot, shear, flat wall, just three feet from the Whittley Avenue properties. The extent of the length and volume and size of the structure reduces the “openness” of the neighbors back yards. The encroachment effects neighbor’s property value. Generally, the more open space around a property the more valuable is the property. If there are two identical properties, one with a large structure three feet from it and the other without a large structure three feet from it, the one with the more open space is more valuable, Through the years it was of no use for us to complain about the old nonconforming structure because there was nothing we could do about it. However, now that it has be demolished, we do not want to see another nonconforming structure taking its place.
b. Adverse effects/quality of life: The planning department staff report said that granting the variance will have no adverse effects on neighboring property and safety. We say that the variance will have an adverse effect on neighboring property because the twenty-foot-high wall adjacent to 252 will shade its back patio and it will shade the backyard at 306 Whittley. So often we talk about how we want to improve the quality of life for Avalon residents. Putting a twenty-foot-high wall just three feet from a neighbor, when it is not necessary, is going against improving the quality of life For the public.
c. Fire Safety: Regarding “Safety”, although the new structure may be made of more modern and more fire-resistant materials, the homes around the building are not. Every effort should always be made to provide adequate space around structures to minimize the spread of fire and maintain access for fighting fires at a particular home and the surrounding homes in a n&ghborhood.
d, Avalon Fire Chief: Charles Canby spoke with the Avalon fire Chief, Mike Alegria, on about April 27 or 28 and was told by the Chief that he did not recall being asked by the Planning Department to review or give his approval for this variance at 261 East Whittley. e. Unnecessary hardship: The staff said that the application of the zoning rules will place unnecessary hardship because the owners would have to halt construction, and redraw and resubmit building plans. The Vaneverys have applied for a building permit for a duplex. The plans the Vaneverys have submitted are for a single-family home. If they are not building the type of building that they submitted plans for, that is a duplex, they should halt construction, and submit plans for a duplex and not a single-family home.
Having to redraw and resubmit plans is hardly hardship for the Vaneverys compared to the neighbors having to live next to a nonconforming flat side building for years to corn e.
12. HardshIp: The owners, Vaneverys have not proved hardship or given a justification or why they need a variance of the AMC’s zoning laws.
13. More than enough building area: The area for building a structure at 261 East Whittley is approximately 5230 square feet. The lot is easily large enough to accommodate all of the 2950 square foot building of the owners desires, maintain the legal set-back and still have a large area for landscaping.
14. Setting a precedent: Granting this variance would set a precedent for: 1. Tearing down an entire structure while not leaving a standing wall and being able to maintain a nonconforming encroachment and violating the AMC. 2. Asking for and being granted a variance without showing hardship or rational justification. 15, Following zonIng rules and bringing property into compliance: We, as property owners in the city of Avalon have an expectation that the AMC zoning rules will be followed. The property at 261 East Whittley has adequate building area to suit the owner’s needs and there appears to be no reason to disregard the established zoning laws, especially in this case where all adjacent property owners object to granting this variance, This is an opportunity to bring a property into compliance versus regressing and making a property more noncompliant.
May 1,2022
Dear Avalon City Council,
We are writing to appeal the decision of the Avalon Planning Commission that granted a variance for the required 10-root set back at 261 East Whittley Avenue at their meeting on 4/2012022.
It is our understanding (as per the Avalon Planning Commission Staff report) that since the original structure has now been demolished, the legal non-conforming status of the original structure has been nullified.
The Staff Report also stated that the Setback Variance In question for this project was not originally noticed, discussed or approved at either of the past two (2) hearings prior to approval.
The Report goes on to describe that after being issued a building perniit on 9/4/21, it was the owners of the property at 261 East Whittley who had determined that the necessary improvements needed to keep thesecond building were infeasible and they had made the decision to demolished the entire structure.
When the applicants decided to alter their plans and demolish the entire building, they immediately lost their legal noncontorming status. They also had the opportunity to retew the Avalon Municipal code regarding Setbacks along with various other City Building Codes and regulations; as does every other property owner in town.
Many of the surrounding property owners have long been familiar with the City of Avalon setback requirements. Through the years, we have relied on our elected officials and City staff to uphold and maintain these known requirements when we made (what is for most people) the biggest investment in ourlives, our homes.
The existing setback requirements as described in the AMC, have been well thought out through many years of planning by our city fathers. In addition to many other benefits, setbacks also provide a crucial butter zone tor the protection or adjacent properties in the event of a tire or other emergency. Setbacks also provide a relatively sate access zone for firefighters and emergency personnel. The satety aspect of setbacks is even more critical as the slope of the property increases. Throughout the years, many non-conforming properties have been slowly brought into compliance through attrition. Through no fault ci the City, the property at 261 East Whittley has now clearly become one of these cases.
The applicants of this one property at 261 East Whittley are now asking for special permission to construct a 20 high structure, within 3’ of the property hne for their own personal gain and to the detriment of the surrounding property owners who have all vehemently oblected to the granting of this variance. We have reviewed the plans and are Familiar with the layout of the property in question. It appears that the property is adequately sized to accommodate a building plan that contorms to the 10’ setback requirement.
On the other hand we, and many of our surrounding neighbors, are not asking our city representatives for any special permission. We are only asking that you honor and enforce the existing rules to which we are all obliged to comply. Doing otherwise, and allowing this variance to stand, only appears to punish those who have faithfully followed the City’s rules and it potentially dilutes the overall effectiveness of the Avalon City Municipal Code.
Again, we respectfully request that you overturn the decision of the Avalon Planning Commission that (without a full compliment of rnenters present) had narrowly granted the request for a Setback Variance at 261 East Whltttey and take into consideration the appeals of the surrounding property owners who areasking that, In this case, the City Council adhere to the set back rules as per the Avalon Municipal Code.
Thank you for your time and consideration.
Sincerely, /) i - F’
u—t. Oj3t&t WtJt,nt&.— Richard and Leslie Warner I
306 Whittley Ave.
Avalon, CA, 9D704
From: tasca <[email protected]>
Sent: Sunday, May 1, 2022 5:18 PM
To: [email protected] <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Deny the variance
Avalon Mayor Marshall, Members of Avalon City
Council.
As an observer and an opinion to the issue at hand:
I have always felt that a variance should be heard and not always granted. In my view a variance could be granted for extreme hardship, ie. ‘lack of buildable sq. footage and the precedent of like conditions.’ Neither of which has occured on this building site. As to the case of hardship I see none.
Consider the facts: 1. Any grandfathered status or right to graridfathered status was lost at the time of the complete demolition and to think otherwise is an illusion. There has been a lot of finger pointing yet the facts are the facts. 2. This building site, as an empty lot, is larger than most existing residential buildable lots. 3. The idea that the delays are in any way a financial hardship, is out-ofbounds. The granting of this variance was a precedent selling vote and DOES open the door for future similar votes thereby setting aside the ‘ RULE OF tAW Any future applicant could site this decision and base their jjgdshi rgpment” for a variance application based or this decision. The reasons I have stated would give me no choice but to deny the variance and vote NO.
Respectfully,
Mark Tasca
Past Avalon Planning Commision
Member
Rocio DeLaCruz
From: [email protected]
Sent Sunday, AprH 17, 2022 9:25 AMTo: Rocio DeLaCruz
Subject: Please forward this Letter to Susanna and coi Staff and Planning Commissioners City of Avalon planning Commissioners and Staff,
Regarding the setback plans for 261 East Whitticy;
Please do not grant anything less than what the current 10 Foot set backs are for this property. We the surrounding neighbors were not given proper notice of any changes to theLegal setbacks.
Since the existing building that was close to my property line at 248, 250 Whittley was demofished it is my understanding that once the owners remove and Demo the house thenthey lose aN rights of any encroaching into the setback.
Please take this opportunity to re-establish the legal setbacks on this new construction duplex.
Thank you,
Robert Franks
/
To:Hi Charlie
This is a copy of the letter inatt sent to the planning commission for your file Thanks Jan
You
Sent from my iPhoneBegin forwarded message:
From: Matthew Sullivan <[email protected]>,
Date: April 27, 2022 at 4:26:20 PM PDT
To: Jan Valentine <tv [email protected]>
Subject: Fwd: 261 E Whittley set back Variance PC # 2783 Sent from my iPhoneBegin forwarded message:
From: “Matthew Sullivan’ </O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF2SSPDLT)/CN=RECIPIENTS/CN=5BD5J33C525D04939A87F208E08D25854- MATT> Date: March 16. 2022 at 5:01:31PM PDT
Subject: 261.E Whittley set back Variance PC #2783
am Matt Sullivan a next door neighboi at 257 C Whittley I am concerned that this projectis not following the City Guidelines, proper permitting requirements as I had to follow during my construction. As well as everyone else I know of that has built in Avalon 1; To my knowledge Mr. Van Avery did not seek permission from the city to cut the pepper trees on the Burma trail as well as Fwd: 261 E Whittley set back Variance PC # 2783
Jan Valentine <[email protected]> Wed 4/27/2022 4:28 PM IJ
Any other tree or shrub around him that may have effected his view
AVALON PLANNING COMMISSION
STAFF REPORT -PC# 2783
Wednesday, April 20, 2022
Item No. 1 - Pubhc Hearing
.-ppIicatioTI File: Setback Variance; Site Plan
S u bin itteci by: Susanna Gitti erie?, Assistant Planner Project Title: Request for approvaL of a Site Plan (Section 9-8.20 I et seq. of the Avalon Municipal Code (AMCTh) and a Setback Variance for an ongoing remodel of a duplex in theMedium Density Residential zone. categorical!> exempt from environmental review under Section 1530! of the State CEQA Guidelines — Existing Facilities.
Ow lie r/Applicant:Filing Date:Location:
APN:Zone:
Scott Vaneverv02/08/2022
261 E. Whittlex.
74 80-02 7-02 0Medium Density Residential
7’
BACKGROUND
On March 16.2022 the Planning Commission of the Cit ofAvalon conducted a duly noliced public hearing at a regularly scheduled meeting considering the Application at which time all persons ishing to testify inconnection with the Appication were heard. At that meeting. the Planning Commission continued the public hearing on these matters to the next regularly scheduled meeting on April 20th. 2022 in order toprovide commissioners more time to review the record on this item.
Vicinity Zoning:
Public Comment:
See Attachment 3
Previous Review:
Planning Cununission. .L’arch 16. 2022. PC 2783:
Request for approval of a Site Plan (Section 9-8.201 cc seq. of the Avalon Municipal Code(“AMC1) and a Setback Variance for an ongoing remodel of a duplex in the Medium Densitx Residential zone. categorically exempt from environmental review under Section 15301 of the State CEQA Gttidelines — Existing Facilities.
Planning Commission, Jul 1 2019. PC# 2698:
A Public Hearing for a Site Plan to renovate an existing duplex with four bedrooms into a fourbedroom single family dwelling. The project included the addition of 974 square feet.
Planning Commission, Nm. 20, 2019, PC #2711:
An application for a Site Plan. Height Variance (for a chimnev and Coastal Development Permit to remodel a duplex by adding 125 square feet total division between three bedrooms. changingthe roof pitch ad adding two off street autoette parking spaces. The project is in the Coastal Zone and is subject to a Coastal Development Permit. which requires a public hearing and Planning Commission approval. The Planning Commission ill determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt tinder Section 15301 oftlie state CEQA (iuidelincs — Existing Facilities.
Project Description:A Public Hearing and consideration ofa Resolution for an application for a Setback Variance and site plan review for the ongoing remodel of a dLlplex in the Medium Density Residential zone at 261 East Whittley. No other changes are proposed to the plans included in PC Staff Report #2711approved November 20th 2019, with the exception of a setback variance.
DISCUSSION
The two-unit property was originally built as a
single family dwelling in 1950, later becoming a
multi family residence in 1961. The previously
approved plans included the remodel of anexisting nonconforming structure encroaching Lip to three (3) feet of the rear property line and
directly adjacent to the western property line.
where the standard setback requirement for this
zone is ten (I 0) feet. The subsequent ne\\construction maintains a three (3) foot setback. which is current]\ in the stage of preliminary
thundation preparation (excavation!footinus). The
original construction plan included remodeling the
rear property with the intent of maintaining iLnonconforming status (see proposed demolition plan attached). However, after issued a building permit on 9/14/21. it sas determined that the necessary improvements to retain the second building were infeasible, and the entire structure was demolished. ‘Fhe owner’s intent is to move forwardwith the construction as previously reviewed and approved. They have prepared the followig statement to be included in this report:
He flu Si isanna:
/ am in receipt of rain’ legal letter advising tue that you legally have to go through a rai’iance meeting nor nt/I you charge nie (u/vthing for it. I iiLch that the/ö//osiing/acts he ii ic/ia led at (li/s iii ico icc/unable ii ice/big:
1. The (iii stioiig/i i’ecoiiiiiieiided /11(1/ the exi.stiIIt.’ hinhltng he inured orer three feet to hare a hit/kr between properties. For the last 60 ieais it 11(1% I,ui/t on the J)rO/)ertl’ line.
2. The current plan itas drain i/]) itith the 3fbut setback.
3. In order to make the 3 f/wI side raid. the existing structure htul to BE TOR\ DO 1EV -I. The new plan way submitted to the Gui’. accepted and the building that ii’as Gi’ttndf/ttheretl as legal was TORY DOH’Y
5No mention of any Vai’iance was every stated nor required. The existing plan ii’asaccepted in its entirety. lie paid almost 830, 000 1 rpermits and told to build i/ic’ submitted plan. At am’ time. had ire been told our building would be 7 feet shorter (losing two bedrooms) iie ii’ould have built on the old building and it .s’/oundation that was already Grandfrtthered in and legal ii’here it sat ,/bi’ 60 jears! I guess. ‘No good deed goesiiiijiinished Alaking huge building decisions after the tact IL’beie buildings hare heeti torn dunn is wrong. You ,sai’i vu must hai’e (h//v meeting, then (10 ii. hut pletse include these con unents.
Tha,tk—’ou.
Scott and Bea Van Fiery
GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
\7a nan ce:According to Avalon Municipal Code (AMC) Section 9-8.703(a). the legal nonconformance withrespect to the rear setback of the original structure -since demolished —has been nullified. A\IC Section 9-7.403(b)(8) specifies “no structure or part oft structure not specified above may projectinto required setbacks without the granting ofa variance under findings consistent with State law and this title.” Current applications must adhere to all current local/state/federal regulations. including the Brown Act, which sets guidelines for the opportunity of public comment. Since the need for a Setback Variance (allowing the structure to encroach seven (7) feet into the required ten (10) foot rear setback). was not noticed, discussed. or approved at either of the past two (2)hearings, staff has prepared this additional report with the intent of allowing the project to move forward with the correct entitlements and appropriate level of public review and is recommending approval of the variance based on the findings bclov.
In order to approve a Variance the Avalon Municipal Code Section 9-8.405 requires that the Planning Commission make the following findings:
a The strict application ofthe zonhtig ordinance will result iii unnecessai:r hardship as follows:l he home owner would have to halt construction. modify the existing building plans that werepreviously approved, resubmit to the Citx and complete an additional plan check. b) There are exceptional circumstances that app/v to developnient ofsaul property which (10 no! appli’ to ut/icr property in the neighborhood. While the property doesn’t qualift as a “hillside lot” according to its front/rear elevations, the topography varies throughout and slopes dramatically at this location, which contributed to the overall insabi lit of the preexisting structure. Dcspite the property owner’s original intent to maintain the preexisting structure’s nonconformity, the relocation and ultimate demolition of the entire building resulted from exceptional circumstances. c) The grunting oJ’thtc Variance will not he detrimental to the public welfitre or neighborhood property because: The structural footprint will remain almost exactly as it has existed since original construction.d) Granting ofthis Variance will no! be contrarp to the objectives ofthe Local Coastal Program as adopted because: A NOFA was tiled to the California Coastal Commission in 2019 for theentire scope of work.
Sue Plan:
The project requires site plan approval as the requirement ofa variance disqualifies it as a “minorrenovation” as dcfined in the municipal code, necessitating Planning Commission review. AMC Section 9-8.203 requires that the Site Plan be approved based upon the following factors and principles. These factors and corresponding explanations are below:
(a) Ever, use, development of land and application of development standards shall take placein conipiuviice with all applicable provisions oft/its title. The proposed project complies with all the development standards for the Medium Density zone with the exception of the non conforming setbacks - the nexus of this Variance application.‘h) Every use, development of land and application of development standards shall be considered on the basis ofthe suitability of the site for the particular use or development intended, tijid the total tie velopment, including the application of prescribed tie velopment standards, shall he so arranged as to avoid traffic congestion, insure the protection ofpublic health, safrty and general welfare, prevent adverse effects on neighboring property and shallhe in general accord with all elements of the General Plan. The proposed project involves anexisting duplex in the Medium Density Residential zone. The use proposed is a principally permitted use in the zone per Section 9-5.302. The proposed project complies with the AvalonGeneral Plan and its objectives of providing qtiality housing. Afier existing as nonconforming forclose to 50 years. the granting of this application will have a limited effect on the character of theneighborhood. Furthermore, the full demolition/replacement of the subpar structure minimizes blight and abates any potential public safety hazards.
(c) Ever’ use, development of land, application of devclupnient standards shall he considered on the basis of suitable and fun ctional development design, but is not intended that such approval he interpreted to require a particular stile or type of architecture. \o change in the approved design is proposed.
ENVIRONMENTAL DETERMINATION
CEQA:
The proposed project is Categorically Exempt tinder Section 15301(e) of the State CEQA Guidelines — Existing Facilities.
“c) Additions to existing structures provided that the addition vill not result in an increase of more than:
(1)50 pcrcent of the floor area of the structures before the addition. or 2.500 square feet.whichever is less. or(2) 10.000 square Feet if:
(A) The project is in an area where all ptiblic services and facilities are available to allow for maximum development permissible in the General Plan and(B) The area in which the project is located is not environmentally sensitive.” Coastal Development:The project is located in the Coastal Zone. hut otnside of the 30W appealable seaward area boundary, and xas previotisly isstied aCoastal Development Permit in 2019.
RECO NIME N DATIONS
Staff recommends the Planning Commission adopt Resolution No, 22—08 (Attachment I). x Iiich vill:
I. Find the project exempt from environmental review in accordance with the California Environmental Quality Act ç’CEQA) Section 15301 — Existing Facilities. 2 Approve the Variance application and legalize the ongoing construction activities.
3. Approve the proposed site plan with all applicable entitlements incorporated.
ATTACHMENTS:
1. Resolution PC 22-08
2. Site Plans
3. Public Comment
Attachment I: PC Resolution 22-08
A RESOLUTION OF THE PLANNING COMMISSiON OF THE CITY OF AVALON, CAliFORNIA, GRANTING AND APPROVING A SITE PLAN AND SETBACK VARIANCE FOR THE REMODEL OF AN EXISTING RESIDENCE AT 261 E WHITTLEY; APN 7480-027-020
WHEREAS, Scott Vanevery rApplicantTh tiled an application (Appication) for a site plan appro’al regarding the remodel of a property located at rSite”): 26! East Whittlev Avenue. Avalon.California. further described as assesso(s parcel number 7480-027-020. in the Medium Density ResidentialZone: and WHEREAS a setback variance as deemed necessary by staff afier additional revie\\ of the Application (site plan and setback variance are collectively Project’) and monitoring of ongoing construction activities, hich resulted in the nullification of specific legal nonconforming conditions on the Site; and
WHEREAS, on March 16. 2022 the Planning Commission of the City of Avalon (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled meeting considering theApplication at which time all persons wishing to testift in connection with the Application were heard and the Application was comprehensively reviewed: and
WHEREAS, on March 16, 2022 the Planning Commission of the City of Avalon (Planning Commission”) condticted a duly noticed public hearing at a regularly scheduled meeting considering the Application at which time all persons wishing to testify in connection with the Application were heard. Atthat ineeti 1g. the Planning Commission continued the public lieari ig on these matters to the next regularlyscheduled meeting on April 20th, 2022 in order to provide commissioners more time to rex’ie the recordon this i tein: and WHEREAS, On April 20th. 2022. the Planning Commission continued its deliberations on the Project at a properly noticed public meeting and the Application was comprehensively re iewcd: and WHEREAS, ptirsuant to Title 14. California Code of Regulations. section 15367. lhe City of Avalon is the lead agency for purposes of the Project: and XVHEREAS the proposed improvements will not hae any growth inducing effect and does not create the need for additional employees, thus the project is alloued by the 2022 Growth Policy; and VHEREAS. based on the entire recod before the Planning Commission and all written and oral evidence presented to the Planning Commission. the Planning Commission hereby finds that the Project is categorically exempt from CEQA under the lbllowing provisions:Section 15301(e) of the State CEQA Guidelines — Existing Facilities. (e) Additions to existing sirtictures provided that the addition will not result in an increase of more than50 percent of the floor area of the structures bcfore the addition or 2500 square feet, which ever is less:and WHEREAS. the project is located in the Coastal Zone, bLit outside of the 300 feet appealable seaward area boundary, and tsas previously issued a Coastal Development Permit in 2019; and WHEREAS, all other legal prerequisites for the consideration of the Site Plan and Seihack Variance have occurred.
NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as follows:
Section I. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8.203. and based on the entire record before the Pianning Commission, all written and oral evidencepresented to the Planning Commission. and the findings set forth helow. the Planning Commission approvesthe Site Plan subject to the conditions set forth in the attached Exhibit “A” (a,) Ei’eri’ ILL’, tlevelopnent of 1(117(1 (Ilk! tipplii’iitioii of dei’elopnient standards shut! take place incompliance 111?? all applicable provisions of this title. The proposed project complies w ith all the development standards for the Medium Density zone with the exception of the non-conforming setbacks -the nexus of this Variance application. (hP) Even’ use. development of land ((17(1 application ofdevelopment standards s/jaIl be considered on the basis of the suitability of the site for the particular use or development rn—tended, and the totaldevelopment, including the application of prescribed development standards, shall he so arranged as to m’oul traffic congestion, insure the protection of public health, safety and general welfare, preventadverse effects on neighboring property and shall he in general accord with till elements ofthe Genera!Plan. The proposed project involves an existing duplex in the Meditim Density Residential zone. The use proposed is a principally permitted use in the zone per Section 9-5.302, The proposed project complies with the Avalon General Plan and its objectives of providing quality housing. After existing as nonconformingfor close to 50 years. the granting of this application will have a limited effect on the character of theneighborhood. Furthermore, the full demolition/replacement of the suhpar structtire minimizes blight andabates any potential public safety hazards. (c) Every nw, (kveloplnent of land, application of development standartc shall he considered on the basis ofsuitable antlfunctional development design. hut is not intended that cud? approval he interpreted to require aparticular stile or type of architecture. No change in the approved design is proposed.
Section 2. Based on the entire record before the Planning Commission, all written and oral e idence presented to the Planning Commission, and the findings set forth in this Resolution. the PlanningCommission gtants a setback variance, subject to the conditions of approval set forth in the attached Exhibit “A.
a) The strict application of the zoning ordinance will result in unnecessary hardship as follows: The home owner would have to halt construction. modify the existing building plans that were previously approved. resubmit to the City and complete an additional plan check. h) There (ire exceptional circumstances that appli’ to development of saidpropertt’ which do not apph’ to other properui’ in the neighborhood While the propert) doesn’t qualify as a “hillside lot’’ according to its front/rear elevations, the topography varies throughout and slopes dramatically at this location. whichcontributed to the overall instability ofthe preexisting structure. Despite the property owner’s original intentto maintain the preexisting structure’s nonconformity, the relocation and ultimate demolition of the entire btulding resulted from exceptional circumstances.
ç) The granting ofthis Variance nil! not he detriniental to the public weIflire or neighborhood property because: The structural footprint will remain almost exactly as it has existed since original construction. il) Granting of this Variance wit! not he contrail to the objectives of the Local coastal Program asadopted because: A NOFA as filed to the California Coastal Commission in 2019 for the entire scope of \\ork.
Section 3. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission hereby finds the nature and extent of the dedications. reservations, impact fees, and other exactions set forth in Exhibit “A”. if any, are reasonably related to public needs and roughly proportional to the impacts created by variances for the Site.
Section 4. Pursuant to Section 9-8.109 and 9-8.407 of the Code, the site plan set back variances shall become effective fifteen (15) days after the receipt by the Applicant ofa written notice of action taken unless an appeal has been made to the City Clerk of Avalon within the said fifteen (15) days.
Section 5. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify’ the adoption thereof.
BE IT FURTHER RESOLVED that a cop> of this Resolution be delitered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application.
PASSED. .APPR()VED AND ADOPTED this 20 da of April. 2022.
Chairman Eric Fluart
ATTEST:
Dave Maistros. City Manager
CERTIFICATE
I. Rocio Dc La Cruz, hereby certify that the foregoing Resolution 22-08 was adopted by the Planning Commission of the Cit of Avalon at a regular meeting held on the 20th da% of April. 2022. b’ the following vote, to ‘\ it:
AYES:
NOES:
ABSENT:
ABSTAIN:
Roc 0 Dc La Cruz. Planning Admin isl rati ye A ssistaiit Exhibit “A”
Conditions of Approval
261 East \Vhittlev Avenue
The following cotuhtwns are spec jfIc to PCApplication #2 783:
I. This project approval shall expire on April 20, 2025 unless a time extension is requested. approved, and filed with the Planning Department prior to expiration.
2. ‘Ihe Commission may impose additional conditions as are deemed necessary at the time of discussion to protect the public health, safety and general welfare, including any pertinent factors affecting the establishment, operation or maintenance of the requested use.
The following co,,thtwnc require additional action bi’ or (lodunlentanon from, the applicant before building permits can he issued:
The California Departmeni of Fish & Wildlife tiling fee shall be submitted as required byCalifornia Environmertial Quaiitx Act (CEQA) statute. Section 21089(b) and Fish and Game Code Section 711.1. The fee shouid be paid within five (5) days of approval of the environmental tiling at the Los Angeles Coimty ClerLs Office. Once fees have been paid. the applicant shall submil a copy of all documentation to the City of Avalon, verifying the fees have been paid. Said permit shall not becomevalid, vested or operative until the fee has been paid.
No dcvelopment, including demolition/construction work, shall commence on the subject property’ untilappropriate permits have been applied for and obtained from City of Avalon Building and Safety Department.
Ifapplicable. confirmation is provided by SCE that tins project will not requ re additional fresh water.
Projecis restilting in demolition ofexisting strticttires or projects exceeding $75,000 in value mist provide certification of the condition of the sewer lateral before building pernnls can he issued.
Projects involving structures constructed before 1979 and that requires any demolition. must be assessedfor the presence of asbestos, lead and other hazardous materials which shall be handled in accordance ith apphcable Slate codes. Copies of inspection results and shipping manifests (‘a hen disposal is required) must be p’oxided prior to issuance of a demolition pernnt or building permit.
Projects requiring excavation and/or grading in a mapped archeologically area defined in the Cultural Resources Management Plan for the City, may be required to have a qualified archeological monitor onsite during excavation and/or grading.
Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a btu Idi ng permit.
Projects requiring excavation in the public righi of way must obtain excavation pernnts prior to or sin ti I taneo us with the i ssuanc e of a b in 1(1 i ng pert nit.
Projects subeet to pament of Long Beach Unified School District fees must provide proof of payment or exentption prior to issuance of the building periuL
The following conditions apply to all projects:
[he project shall be tinder construction (defined as foundations in and framing in progress) within 36 months of this approval or all permits will he null and void.
Projects located in (he floodplain as defined by the FIRM (Flood Insurance Rate Map). must provide abase flood elevation certificate for the new or substantially improved structure resulting from this application before a building permit can he issued.
Legal lot status must be verified in compliance with local and state subdivision laws, including theSubdivision Map Ad (“SMA”) prior to the expiration of this project approval. Should any land division violation be determined, the applicant may request a Certificate of Compliance to create a buildable parcel.
If the City discovers that material facts were not disclosed by applicant or that facts provided by the applicant were different than represented, the City may impose additional conditions of approval to mitigate any adverse impacts. The Planning Commission may revoke or modify the approval in the future if the Commission finds it to be detrimental to health, safety, comfort, general welfare of the public:
constitutes a public nuisance: if the permit was obtained or is being used by fratid: and/or if one or more the conditions upon s hich a permit was granted are in noncompliance or have been violated.
The project shall be developed and maintained in strici accordance with the approved plans unless writtenapproval is given h’ the Planning Department.
This approval does not abridge or supersede the regulatory powers and permit requirements of anyfederal, state. or local agency requirements. which may retain a regulatory or ad isory function asspecified by stattite or ordinance. Authorization by the Planning Department does not waive the requirement that the project comply with all sections of the Avalon Municipal code and all other relevant local/state/federal regulations. i’he applicant shall obtain and maintain permits as may be required fiom each agency.The applicant is responsible for ensuring that all project workers are informed of. understand, and agree to abide by the approved plans and project conditions.
All construction on the project shall he limited to Monday through Saturday, 8am to 7pm. No constructionshall occur on Sundays.
All project contractors and sub-contractors must maintain a City of Avalon business licenses in compliance with all local, state, and federal laws allow ing them to work in the City.
Non—combustible roofing materials shall be used subject to approval h> the Building and Fire Departments.
Approved fire walls shall be constructed as required by the adopted Building Code.
Fire Suppression system is required if the project is for:
a) New Structure: or
b) Rehabilitation, remodeling or reconsiruclion of twenty five percent (25%) or more of the gross square footage of an existing commercial or tnultip[e unit residential building or structure: or c) Rehabilitation. remodeling or reconstruction of tiftv percent (50%) or more of the gross square foolage of a single unit residential building or structure and the cost of the work is more than SI 0.000.00.
d) Change in the use of the building or structure. Change in use is defined as those alterations which significantly alter the use, increase the number of dwelling units in an existing bui ding or result in a building being held open to the public where the prior use was for private purposesotil. This could include changes from principaLl permitted to conditionally peniiitted uses. but excludes the conversion ofa single family residence from transient to non-transient rental or from non-transient to transient rental. The requirement shall app!’ to changes fromcommercial to residential. or residential to commercial, hut would not include expansions ofexisting commercial uses. such as the addition of table service at an existing coffee bar or theaddition of service of liquor at a restaurant.’’ e) Work has been done without City permit(s) and City flies do not contain information to enable us to determine extent of changes to building. In order to avoid an order to install a tire sprinkler system, you must provide valid documentation of the structural plan as it existed priorto the un—permitted work.
The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition. During construction activities, the applicant shall remove daily accumulation of mud and dirt from any roads adjacent to the site: any removal of vegetation orconstruction materials shall be lawfully disposed of.
Non—potable water must be used for dust control during construction.
The entire sanitation system shall he connected to the City salt water system.
The design and construction of all sewers shall be approved by the Department of Public Works, i tic I ttd i ng the design and constructi on of se ver con nec tio ns and laterals.
Structural drainage shall he provided by use of roof gutters and downspouts which allow for properdrainage away from the foundation of any slrttcture and which do not cause any pooling of standingwater.
All plans and specifications must be approed by Ihe City of Avalon Building Depatiment prior to construction beginning.City staff shall review and approve location, size and noise output of any mechanical devices.
An’ changes mandated by the City ofAvalon Building Department that would require an amended site plan must he reviewed and approved by the Planning Commission before any construction takes place.
Owner/Applicant must offer to dedicate to the City the following easements measuring at least 10 feel inwidth, it’ applicable:
• Public utilities easement — • Water line easement
• Sex er Thci I ties easement
• Landscape easement
• Storni drain easement
Any existing public improvements which are damaged as a result of construction regarding the project shall be repaired or replaced to the satisfaction of City staff at the Oner/Applicant’s sole cost before acertificate ofoccupanc can be isstied.
Owner/Applicant agrees to indemnify, defend, and hold the City harmless, with counsel reasonablyacceptable to the City, from costs and expenses. including attorney fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceeding broughtin any State or Federal court challenging the City’s actions with respect to the project. Owner/Applicant understands and acknowledges that the City is under no obligation to defend any legal actions challenging the project.Any preexisting Municipal Code violations at the property may be required, in City’s sole discretion. to be resolved prior to issuance of a certificate of occupancy. even if such Code violations are unrelated to the project.
Project must comply with all mitigation measures noted in anx related environmental assessmentsperformed in connection ;ith this project, prior to receiving a certificate of occupancy.
All conditions of approval must be completed to the satisfaction of the City Planning Department priorto occupancy of the project.
Project applicant lutist pay the Cit\ all statutory fees under the Cit3 ‘S fee ordinance, unless otherwise waived by the Director.
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Attachment 3: Public Comment
April 14, 2022
To: City of Avalon Planning Commission Members and Staff From: Charles Canby, 242 Whittley Aye, Avalon, CA
Subject: 261 East Whittley, granting of variance for setback.
I am against the Planning Commission granting a set back variance for the noted property.
1. I feel that we, residents of our neighborhood, have an expectation that planning and zoning rules will be followed and variances should not be granted to accommodate another person’spersonal gains, desires and whims when they are unwarranted and to the detriment of others.
2. The proposed variance will shade the adjoining neighbors’ yards and homes and, will put a twenty-foot-high structure within three feet of their yards and view, and go against their expectation that when purchasing their property, buildings behind them would have a ten-footset-back.
3. I have reviewed the plans for this project and looked over the property to gain an understanding of the project.
4. The area/yard where the Vaneverys want to build is a huge area with plenty of square footage.
It is easily large enough to build a very large structure of equal square footage that they desire and still have open space for a yard without encroaching into the required ten-foot set back.
5. The Vaneverys want to encroach into the required setback. I speculate that they want to do so for a couple of reasons: First, to have a clear view of the ocean down the back lots of homes on East Whittley. Second, to not have to excavate or notch into the sloping hill side of their downhill sloping back yard.
6. All of the existing homes on East Whittley have maintained the required ten-foot set back.
Granting this variance could start a precedence.
7. The Staff report said “c) The Granting of this Variance will not be detrimental to the public welfare or neighborhood property because: The structural footprint will remain almost exactlyas it has existed since original construction.” The short comings of this statement are: First,there are no original drawing or documentation showing the original construction. Second, the original structure was said to be much smaller and lower in elevation, and was not twenty feet high and three feet from the neighbors back yards. The old structure could not be seen from the back yards of the Warrens and Franks.
8. The set-back of the old demolished building was “non-conforming”. Now is an opportunity to build a conforming building without variances.