Agenda — Avalon City Council, July 19, 2022 (part 1 of 2)

AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDE

A MEETING OF THE CITY COUNCIL ACTING AS

THE AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES
TUESDAY, JULY 19, 2022— 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in 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. 102-35104 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 CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALONS CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting inthe 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 OralCommunication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments [email protected].

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://youtu,be/biwRYEVaI8Q
To submit comments live using ZOOM, please register in advance for this meeting:
https://usO6web.zoom.us/meetinp/repister/tZwucemppjMoHNDFLhB4siGhkU7blC2ubDRe

ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link: https://us06web.zoom.usfmeeting/register/tZwucemppMoHNDFLhB4sjGhkU7blC2ubDRe, 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 wish to provide comments.

CITY COUNCILIHOSPITAL AGENDA
JULY 19, 2022
PAGE 2
1) Join Zoom Meeting via the internet:

Direct U RL: https://usO6web.zoom.usfmeetinqfreqster/tZwucemppjMoHNDFLhB4siGhkU7bIC2ubDReMeeting ID: 883 6018 8264During 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: (669) 444-9171,
Meeting ID: 883 6018 8264
When you would like to comment during the meeting enter *9 on the phone’s key pad toactivate the “raise hand” button at the time the Agenda Item is being presented for CityCouncil 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! PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALLANNOUNCEMENTS ! WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT! CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS ! 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.

PRESENTATION — Luke Schaner from Southern California Edison will provide a presentationregarding implementation of 1: Mandatory Conservation per the utility tariffs. (30 minutes)

CONSENT CALENDAR

1. 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 June 21, 2022 regular City Council Meeting.

CITY COUNCILIHOSPITAL AGENDA
JULY 19, 2022
PAGE 3

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $1,152,372.26.o Two payrolls in the amount of $444,268.06.o Six electronic fund transfers totaling $1087346.46.

Recommended Action
Approve total expenditures for June 13! 2022 through July 8, 2022 totaling $2683986.78.

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 pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine that the COVID-1 9 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-1 9 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming August 16, 2022 meeting and thirty (30) days thereafter.

Recommended ActionDetermine that the COVID-1 9 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency! meeting in person would present imminent risks to the health or safety of attendees.

4. Resolution Adopting Memorandums of Understanding Between the City of Avalon and SEIU 721 — Avalon Harbor Unit and SEIU 721 — Avalon Municipal Employee Unit for theContract Period July 1, 2022 through June 30, 2025 In accordance with the Avalon Municipal Code Title 2! Section 6.03Recommended Action Adopt the resolutions adopting Memorandums of Understanding between the City of Avalon and SEIU 721 — Avalon Harbor Unit and SEIU 721 — Avalon Municipal Employee Unit for the contract period July 1, 2022 through June 30, 2025. ** The following item on the Consent Calendar is the City Council acting as the Avalon Municipal Hospital Board of Trustees **

5. CEO’s Board Report and CFOs Monthly Narrative Analysis Attached for the Avalon Medical Development Corporation (AMDC) Board of Trustees review is the CEO’s June 2022 Report.Recommended ActionReceive and file the reports.

CITY COUNCILIHOSPITAL AGENDA
JULY 19, 2022
PAGE 4

GENERAL BUSINESS

6. Appointments to Fill Three Terms on the Planning Commission The Planning Commission is a seven person commission with one optional alternate member. Planning Commissioners serve four year terms. Three Planning Commissioner terms have expired.

Recommended ActionDiscuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for three individuals to serve as Planning Commissioner for new terms, expiring June 30, 2026.

7. Appointing a Mayor Pro-Tem
The City Clerk will call for nominations for Mayor Pro Tem. If there is more than one nomination, voting for those nominated will be conducted. The person receiving the most votes will be declared the Mayor Pro Tem.

Recommended Action
Nominate and vote on a member of the City Council to serve as the Mayor Pro Tem.

8. Audit Committee
There are two members of City Council that sit on the audit committee. Their job is to review all warrants that go before the City Council for approval.

Recommended Action
Appoint two members of the City Council to serve as the Audit Committee.

9. Avalon Municipal Hospital Board of Trustees
City Council appoints itself to serve as the Hospital Board of Trustees and appointsone of its members to serve as the Chairman.

Recommended Action
Appoint the City Council to serve as the Avalon Municipal Hospital Board of Trustees and appoint a Chairman of the Board.

PUBLIC HEARING

10. 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 Planning Commission’s decision, requesting that the City Council hear the Project at a public hearing. Public hearings were held on June 8 and June 21, 2022 and the item was continued to July 19, 2022.

Recommended Action

1. Continue the Public Hearing to hear public comment. 2. Close the Public Hearing. 3.

Discuss and determine appropriate action by either: a.) Affirming the action of thePlanning Commission; b.) Require a transcript or recording of the testimony, and all other

CITY COUNCILIHOSPITAL AGENDA
JULY 19, 2022
PAGES
evidence evidence upon which the Commission made its decision, and after receivingsuch take such action as, in its opinion, is indicated by such evidence alone; c.) Refer thematter back to the Commission, with or without instructions for further proceedings; or d.)Continue the matter for hearing on another date before itself, considered de novo. (AvalonMunicipal Code Section 9-8.601)

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, July 19, 2022 was posted on Friday, July 15, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
u E lise Hart , Administrative Ana lyst a nd Dep u ty C ity C le r k

CITY OF AVALON CITY COUNCIL
MEETING DATE: July 19, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER:__________
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the June 21, 2022 City CouncilMeeting.

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

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerks office.

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

ATTACHMENTS:
1) June 21, 2022 City Council Minutes

AVALON CITY COUNCIL MEETING
WEDNESDAY, JUNE 21, 2022 — 5:00 P.M.
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 He&th (CaIIOSHA), and the declaredstate of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALONS 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 Council Chambers reach maximum occupancy, the general public may participate inOral Communication and address the City Council on an agenda item in person bywaiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate 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, City Attorney Scott Campbell, and Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones Absent: City Clerk Denise Radde.

WRITTEN COMMUNICATIONS-One Written Communication was received via email regarding Item #13 Transportation Permit Operation Plan — Leyva’s Electric Bike Rental.PRESENTATIONS — 1. Luke Schaner from Southern California Edison provided a presentation regarding necessary steps to implement State 1: Mandatory Conservation per the utility tariffs.

CONSENT CALENDAR-There were 6 Items on the Consent Calendar. Mayor Marshall pulled Item #4 Law Enforcement Services Agreement with Los Angeles County for questions/comments. Motion to approve Items #1-#6 made by Cinde Cassidy, seconded by Anni Marshall. (All Ayes)

CITY COUNCIL MINUTES
JUNE 21, 2022
PAGE 2
Minutes
Approved minutes from the June 2, 2022 Special City Council Meeting and June 8, 2022 regular City Council Meeting.

2. Warrants
Approved warrants in the amount of $667,366.73, one payroll in the amount of $207,396.72, three electronic fund transfers totaling $139,919.21 for a total of$1,014,682.66 for May 30, 2022 through June 10, 2022.

3. Findings to Continue to Hold Remote TeleconferenceNirtual 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 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.

4. Law Enforcement Services Agreement with Los Angeles County Adopted Resolution No. 22-32 A Resolution of the City of Avalon Notifying the Los Angeles County Board of Supervisors of Its Desire to Receive Specified Law Enforcement Services from the Los Angeles County Sheriff’s Office, Authorizing the Expenditure of Cops Grant Funds and Authorizing the City Manager to Execute the City-County Municipal Service Level Authorization Form (SH-AD 575) for Fiscal Year 2022-2023.

5. Resolution Adopting List of Projects for Annual SB1 Allocation Adopted Resolution No. 22-33 of the City of Avalon Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017.

6. 2022 Conflict of Interest Code-Biennial Notice
Directed the City Clerk to notify all City Departments and advisory bodies that have previously adopted conflict of interest codes, of the biennial review requirements for such conflict of interest codes. Required all departments andadvisory bodies that have previously adopted conflict of interest codes to review such conflict of interest codes and report to the City Council any amendments, or report that no amendments are necessary, no later than October 3. 2022.

CITY COUNCIL MINUTES
JUNE 21, 2022
PAGE 3

PUBLIC HEARING

7. Public Hearing and Submittal of Property Related Fees to Los Angeles County for FY22-23 Property Tax Roll — Sewer. Saltwater, and Solid Waste Fees Recommended Action

1. Mayor Marshall opened the public hearing, no comments were heard. Mayor Marshall closed the public hearing. It was determined that there was not a majority of property owners who submitted formal written protest to theproposed Sewer, Saltwater, and Solid Waste rate increases.

2. Adopted four resolutions adopting reports of the annual sewer user fees (Resolution No. 22-34), saltwater charges (Resolution 22-35), solid waste collection service fees (Resolution 22-36), grease collection service fees (Resolution 22-37).

3. Directed the City Clerk to request Los Angeles County to place the fees on the FY 2022/23 Property Tax Roll.

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

8. Public Hearing for Approval of Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Funds, and Re-Allocation of the Balance of Fiscal Year 2021-22 Funds

1. Mayor Marshall opened the public hearing, no comments were made. 2. Mayor Marshall closed the public hearing. 3. Authorized the City Manager to approve the allocation of Fiscal Year 2022-2023 CDBG Funds and re-allocation the balance of Fiscal Year 2021-2022 CDBG Funds. 4. Adopted Resolution No. 22-38 of the City Council of the City of Avalon, California, authorizing andapproving the Fiscal Year 2022-2023 Community Development Block Grant Funds and re-allocation of unspent Fiscal Year 2021-2022 CommunityDevelopment Block Grant Funds.

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

CITY COUNCIL MINUTES
JUNE 21, 2022
PAGE 4

9. Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley

1. Mayor Marshall opened the public hearing, no comments were made. Mayor Marshall closed the public hearing.

2. Mayor Marshall closed the public hearing.

3. City Council will continue the public hearing at the July 19, 2022 regular City Council meeting.

Motion to approve made by Cinde Cassidy, seconded by Yesenia Dc La Rosa.(All Ayes)

GENERAL BUSINESS

10. Fiscal Year 2022 Proposed Budget Amendments
Adopted Resolution No. 22-39 of the City Council of the City of Avalon adopting the Budget Amendments for Fiscal Year 2021-22.

Council member Ponce abstained as he sits on Love Catalina Island’s Board of Directors. Motion to approve made by Cinde Cassidy, seconded by Lisa Lavelle. (4 Yes-Marshall, De La Rosa, Cassidy and Lavelle; 1 Abstention-Ponce)

11. Proposed Fiscal Year 2022-23 Budget
Adopted Resolution No. 22-40 of the City Council of the City of Avalon adopting the Budget for Fiscal Year 2022-23.

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

12. Approval of Encroachment Permit for a retaining wall at the Zane Grey Hotel Approved encroachment permit for a retaining wall at 199 Chimes Tower Road,the Zane Grey Hotel, and authorized City Staff to negotiate with the property owners to determine the amounts of the required bond and liability insurance.

Adopted Resolution No. 22-41 of the City Council of the City of Avalon approving an Encroachment Permit to allow frontage improvements within the public rightof-way at 119 Chimes Tower Road; APN 7480-022-029.

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

CITY COUNCIL MINUTES
JUNE 21, 2022
PAGES

13. Transportation Permit Operation Plan — Leyvas Electric Bike Rental

1. Approved the operations plan for Leyva’s Electric Bike Rentals to operate up to 30 electric bicycles for rental and guided tours at 233 Sumner Avenue.2. Required Leyvas Electric Bike Rental to adhere to all conditions set forth in the Avalon Municipal Code and Resolution 21-07.

Motion to approve made by Cinde Cassidy, seconded by Yesenia De La Rosa.(All Ayes) CLOSED SESSION — 7:00 p.m. -7:24 p.m.

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

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Name of Case: Island Enterprises, et al. v. City of Avalon, et al.

Case Number: 2OLBCVOO291
Following Closed Session the City Manager announced that there was no reportable action
Mayor Marshall adjourned the meeting at 7:24 p.m.

I, Gabrielle Morones. Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on June 21, 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: July 19, 2022 AGENDA ITEM:

ORIGINATING DEP: Finance CITY MANAGER: OtZtt
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for June 13, 2022 through July 8, 2022 totaling $ 2,683,986.78.

REPORT SUMMARY: These disbursements through July 8th are comprised of warrants totaling $1,152,372.26, two payrolls totaling $444268.06, and other electronic fund transfers totaling $1,087,346.46. The other electronic fund transfers includes unfunded accrued liability (UAL) payments to CaIPERS totaling $905955.00. The City elected to prepay the UAL for the entire fiscal year, saving 3.5% in annual interest costs compared to the monthly payment option.

ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CK# 34457-34613 $ 1,152,37226 07/08/22 • PAYROLL 216,800.49 06/17/22
PAYROLL 227,467.57 07/01/22EFT
. CALPERS MEDICAL -JULY 68,739.56 07/05/22
EFT -CALPERS UAL (FULL YEAR) 905,955.00 07/07/22EFT-CALPERS RETIREMENT PPE 5/20 35,916.88 06/13/22EFT -CALPERS RETIREMENT PPE 6/03 35,126.07 06/23/22 EFT -CALPERS RETIREMENT PPE 6/17 35,277.91 07/05/22EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 6,331.04 07/08/22 TOTAL DISBURSEMENTS $ 2,683,986.78
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY21-22 Budget and FY22-23 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details

CITY OF AVALON
JUNE 13, 2022- JULY 8,2022 DISBURSEMENTS
July 19, 2022

ITEM DESCRIPTION AMOUNT DATE
OF US BANK WARRANTS CK# 34457-34613 $ 1,15237226 07/08/22 PAYROLL 216,800.49 06/17/22
PAYROLL 227,46157 07/01/22Eli -CALPERS MEDICAL- JULY 68,739.56 07/05/22Eli -CALPERS UAL (FULL YEAR) 90595500 01/07/22 EFT -CALPERS RETIREMENT PPE 5/20 35,91688 06/13/22EFT - CALPERS RETIREMENT PPE 6/03 35,12607 06/23/22EFT -CALPERS RETIREMENT PPE 6/17 35,277.91 07/05/22rn- HARBOR/NEC CREDIT CARD AND BANK SERVICE FEES 6,331.04 07/08/22 TOTAL DISBURSEMENTS $ 2,663,986.78

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702OF THE GOVERNMENT CODE, CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.

APPROVED AND AUDITED THIS
19TH DAY OF JULY 2022 I CERTIFY UNDER PENALTY OF PERJL’RY

THAT THE FOREGOINC IS TRUE AND
CORRECT.

AUDIT CCMMI1TEE -USA LAVELLE EXECUTED THIS 19Th DAY OF JULY 2022 AUDIT COMMI11EE - YESENIA DE LA ROSA FINANCE DIRECTOR -MATTHEW BAKER

CITY OF AVALON
JUNE 13, 2022- JULY 8,2022 DISBURSEMENTS
July 19, 2022
NAME

AAA OIL INC
ACTION SALES & METAL Co.ALEGRIA, VALENTEAMAZON CAPITAL SERVICES, INC

ARIENS SPECIALTY BRANDS LLC
AT & T

AVALON APPLIANCE REPAIRAVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING

BEST, BEST & KRIEGER, LIPBEYOND SOFTWARE SOLUTIONS

CAFE METROPOLE

CALIF EMERGENCY MANAGEMENT AGENCYCANBY, FLETCHERCATALINA BEVERAGE CO

CATAUNA ISLAND JANITORIALCATALINA ISLAND MEDICAL CENTERCATALINA PEST CONTROL

CATALINA YOUTH ARTS EXCHANGECLINE, KEN
CMC RESCUE, INC.CO. OF LOS ANGELES SHERIFF’S DEPT.

DANGELO CODAPEER, ROSENBLIT & LiTVAK,LLPDELTA DENTAL

DEWEY PEST CONTROLDION & SONS MARINE FUELS INC

OROZ, ARTHUREUBANK, MASCN

FIDEUTY SECURITY LIFE INSURANCEFORTIN, KELLY

GALLS, LLCGRAINGERHERNANDEZ, OLGA
HERNANDEZ, RICHARDHOEFS, STEVENBLUE LIGHT, INC.

ISLAND THREADZ

JORDAHL CONSTRUCTION

LAWSON PRODUCTS

LIM, RAYMONDLOPEZ, LEONARD
LOPEZ, PASTORMANAGED HEALTH NETWORKMARINE DIESEL SERVICES NC.

MCBRIDE, MATFHEWMCMASTER-CARR

DESCRIPTION

FUEL -ALL DEPTS

SUPPLIES-PUBLIC WORKS

MEDICAL REIMBURSEMENT
- 01-06/2022

SUPPLIES - ALL DEPT

UNIFORMS- PUBLIC WORKS

COMMUNICATIONS
- ALL DEPTS

SERVICE - HARBOR

FREIGHT-ALL DEPTS

SERVICE - HARBOR
LEGAL FEES -05/2022

CONTRACT SERVICES - IT

SERVICE - FIRESERVICE - ADMINISTRATION

SERVICE - RECREATIONSUPPLIES - ALL DEPTSSERVICE - ADMINISTRATION

EMPLOYEE SCREENINGS

SERVICE -HARBOR
SERVICE -RECREATIONMEDICAL REIMBURSEMENT- 01-06/2022SUPPUES - FIRE RESIDENT DEPLTY, WATER FRONT PATROL 05/2022

SUPPLIES- PUBLIC WORKSSERVICE-VEHICLES
DENTAL - 06/2022

SERVICE - ADMIN/PUBLIC WORKS
FUEL - HARBORREIMB 0/P COSTSREFUND -RECREATION FEES
VISION - 06/2022

LITIGATION COSTS

UNIFORMS -MORITZ, R, MINUTO
SUPPLIES -PUBLIC WORKSMEDICAL REIMBURSEMENT - 01-06/2022MEDICAL REIMBURSEMENT - 01-06/2022 MEDICAL REIMBURSEMENT - 01-06/2022

LITIGATION COSTSUNIFORMS - CUEVAS

HHW DISPOSAL, SUPPLIES - PUBLIC WORKS

SUPPLIES - HARBOR/GARAGE
REIMB 0/P COSTSMEDICAL REIMBURSEMENT
- 01-06/2022

MEDICAL REIMBURSEMENT
- 01-06/2022

SERVICE - ADMINISTRATIONSUPPLIES - HARBOR

MEDICAL REIMBURSEMENT
- 01-06/2022

SUPPLIES - HARBOR

CHECK DATE

NUMBER ISSUED AMOUNT
34C57 06/22/2022 4,957.9S
34453 06/22/2022 779.2634459 06/22/2022 182.82
34460 06/22/2022 3,421.44
34461 06/22/2022 362.83
34462 06/22/2022 2,429.76
34463 06/22/2022 79.9834464 06/22/2022 844.90
34465 06/22/2022 3,52D.6S
34466 06/22/2022 15,184.54
34467 06/22/2022 3,598.00
34468 06/22/2022 462.5034469 06/22/2022 3,960,0034470 06/22/2022 299.94 34471 06/22/2022 6,309.7234472 06/22/2022 112.5034473 06/22/2022 1,107.00 34474 06/22/2022 585.0034475 06/22/2022 45.0034476 06/22/2022 3,95052 34177 06/22/2022 4,830.10
34478 06/22/2022 127.213,0934479 06/22/2022 760.46
34480 05/22/2022 193.50
34481 06/22/2022 6,528.50
3482 05/22/2022 758.00
34483 06/22/2022 2,1532634484 06/22/2022 237.63
34485 06/22/2022 30.0334486 06/22/2022 1,020.9234487 06/22/2022 4,333.92 34488 06/22/2022 1,051.9334489 06/22/2022 1,892.5934490 06/22/2022 1,346.64 34491 06/22/2022 182.8234492 06/22/2022 2,224.1434493 06/22/2022 748.41 34494 06/22/2022 99.0034495 06/22/2022 3,522.00
34496 06/22/2022 1,991.2334497 06/22/2022 255.52
34498 06/22/2022 4,235.2234493 06/22/2022 1346.6434500 06/22/2022 286.00 34501 06/22/2022 1,297.9534502 06/22/2022 2,090.3034503 06/22/2022 236.51 Page loF4

CITY OF AVALON
JUNE 13, 2022- JULY 8,2022 DISBURSEMENTS
July 19, 2022

CHECK DATE

NUMBER ISSUED AMOUNT

MONTENEGRO, HECTOR

MONTROSE ENVIRONMENTAL SOLUTIONSMORAN, STEPHENMORONES, TAYLORMRC SMART TECHNOLOGY SOLUTIONSNAPA ALTO PARTS

NAVIGATORS INSURANCE COMPANY

SANCHEZ, TIMOTHY

POINDEXTER, JAMESQUILL CORP
RICOH AMERICAS CORPRICOH USA, INC.ROMO. OHNROSENOW SPEVACE’< GROUP, INCSCHLIESSLER, BEN SINGH, JAGITSIRIA’S CLEANING SERVICESOUTH COAST AQMDSTANDARD INSURANCE COMPANYCORPORATE PAYMENT SYSTEMS

VERIZON WIRELESSWAYNE ELECTRICWHITE, KENNETHXEROX CORPORATION IWORO SYSTEMS INC.LEAGUE OF CALIFORNIA CITIESMASA

STATE LANDS COMMISSIONALLIANT INSURANCE SERVICES
VOID
REGISTRAR’RECORDER/COUNTY CLERK
VEGA, EOMUNDOAAA OIL INCACTION SALES & METAL CO.

SXYCRW, INC.

AMAZON CAPITAL SERVICES, NC

AVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING

BEYOND SOFTWARE SOLUTIONS

BLUE, JAMES

CARSTARPHEN, ORNE

CATALINA EXPRESS

DESCRIPTION
REIMB 0/P COSTSCONTRACT SERVICES, MAINTENANCE’ 05/2022
REIMB 0/P COSTS

REFUND -RECREATION FEESSUPPLIES - ADMINISTRATION

SUPPLIES GARAGE

LITIGATION COSTS

SERVICES RECREATION

RETIREE INSURANCE
- 05-06/2022
SUPPLIES ALL DEPTSCOPIER LEASE’ PLANNINGCOPIER LEASE -PLANNING MEDICAL SEIMBURSEFIENT -01-06/2022, 07-12/2021
SERVICE’ HOUSING AUTHORiTY

REFUNDS RECREATION FEES
REIMB 0/P COSTS
2ND HALF 06/2022
PERMIT FEES’ WWTPLIFE INSURANCE ‘06/2022

SEE ATTACHED DETAILCOMMUNICATIONS -ALL DEPTS

SUPPLIES -PUBLIC WORKS
REIMB 0/P COSTS

COPIER LEASE - ADMINISTRATIONSOFTWARE LEASE -PLANNING
ANNUAL DUES FY23
DUES ‘07/2022

RENT- HAMILTON COVE
INSURANCE POLICY FY23
VOID ‘PRINTING ERROR

NOTICE OF EXEMPTION FILING FEE
CONTRACT SERVICES -06/2022FUEL ‘ALL DEPTS

SUPPLIES - PUBLIC WORKS

SERVICE - RECREATIONSUPPLIES - ALL DEPTS

FREIGHT - ALL DEPTS

SERVICE - HARBORCONTRACT SERVICES - IT
REIMB 0/P COSTSREIMB 0/P COSTS2ND HALF 05/2022, 1ST HALF 06/2022 NAME
34504 06/22/2022 327.10
34305 06/22/2022 12D,56S.D4
34506 06/22/2022 246.2032507 06/22/2022 1S.00
34508 06/22/2022 247.3434509 06/22/2022 1,337.6434510 06/22/2022 5,000.0034511 06/22/2022 67.00 34512 06/22/2022 362.0434513 06/22/2022 1,020.4834512 06/22/2022 908.9134515 06/22/2022 465.22 34516 06/22/2022 361.50
34517 06/22/2022 416.2534518 06/22/2022 15.0034519 06/22/2022 281.2134520 06/22/2022 8,890.1034521 06/22/2022 287.76 34522 06/22/2022 1,205.8934523 06/22/2022 1,440,8334524 06/22/2022 1,822.6634525 06/22/2022 1,496,73 34526 06/22/2022 287.9334527 06/22/2022 540.1534528 06/22/2022 2,750.0034529 06/22/2022 892.50 34530 06/22/2022 951.00
34531 06/22/2022 5,650.0034532 06/28/2022 8,435.0034533 6/30/202234534 06/30/2022 75.0034535 06/30/2022 14,447.93 34536 07/08/2022 4,823.1734537 01/08/2022 1,203.84
34538 07/08/2022 364.00
34539 07/08/2022 2,023.6834540 07/08/2022 459.3934541 07/08/2022 1,877.6134542 07/08/2022 4,834.00 34543 07/08/2022 213.1434544 07/08/2022 195.0034545 07/08/2022 118,421.50

Page 2 of 4 ends

CITY OF AVALON
JUNE 13, 2022- JULY 2,2022 DISBURSEMENTS
July 19, 2022

CHECK DATE

NUMBER ISSUED AMOUNT
CATALiNA ISLAND COMPANY

CAZARES, VICTORCOW GOVERNMENT

COLLINS COLLINS MUIR & STEWARD, LLPDANGELO CO

DION & SONS MARINE FUELS INCESG ENGINEERING

ESG ENGINEERINGESG ENGINEERINGESG ENGINEERING

ESG ENGINEERINGESG ENGINEERING
ES6 ENGINEERING
ESG ENCINEHINCFIRE ACE INC.FLICKINGER, WILLiAM

FORTIN, KELLY

GALLS, LLC
PLAYCORE WISCONS N, INC.G RA IN S F R

HERNANDEZ, JEFFREYHIGH TIDE TRADERS

LUPO, KARLA

INDUSTRIAL METAL SUPPLY COMPANY

JORDAHL CONSTRUCTION
LAWSON PRODUCTSLINDE GAS & EQUIPMENT INC.

MATTHEWS INTERNATIONAL CORPORATIONMCMASTER-CARR

MORAND, DUDLEYMRC SMART TECHNOLOGY SOLUTIONS

NAPA AUTO PARTS

DESCRIPTION
SENIOR MEALS - 05/2022, 06/2022
REIMB 0/P COSTS

SUPPLIES - IT

LITIGATION COSTS

SUPPLIES - PUBLIC WORKS

FUEL- HARBOR

SERVICE -PUBLIC WORKS

SERVICE
- PUBLIC WORKS

SERVICE - PUBLIC WORKS

SERVICE -PUBLIC WORKS
RETIREE INSURANCE - 03-06/2022LITIGATION COSTSUNIFORMS - ALEGRIA

SUPPLIES - RECREATION

SUPPLIES PUBLIC WORKS/FIRE
REIMB 0/P COSTSUNIFORMS
- HARBOR

SERVICE - RECREATION

SUPPLIES - PUBLIC WORKSSUPPLIES - PUBLIC WORKS

SUPPLIES - GARAGE/HARBOR

SERVICE - HARBOR

SUPPLIES - CEMETERY

SUPPLIES - PUBLIC WORKS/HARBOR
RETIREE INSURANCE - 05/2022
SUPPLIES -ADMNISTRATI0NSUPPLIES -GARAGE
NAME
34546 07/08/2022 943.8034547 01/08/2022 203.47
34548 01/08/2022 400.2?34549 07/08/2022 24,955.08
34550 07/08/2022 241.8234551 07/08/2022 1,86413
34552 07/08/2022 3,739.7S
34553 07/08/2022 31,371.1134554 07/08/2022 720.0034555 07/08/2022 32,169.68 34556 07/08/2022 8384.23
34557 07/08/2022 7,463.1134558 07/08/2022 520.00
34559 07/08/2022 180.0034560 07/08/2022 1,971.90
34561 07/08/2022 2,470.0034562 07/08/2022 825.51
34563 07/38/2022 171.88
34554 01/38/2022 4,543.9534565 07/08/2022 906.06
34566 07/08/2022 250.0034567 07/08/2022 1,017.5034568 07/08/2022 630.00 34569 07/08/2022 1,142.0934570 07/08/2022 3,200.00
34571 07/08/2022 2,967.9634572 07/08/2022 2,046.63
34573 07/08/2022 1,166.6934574 07/08/2022 2,662.35
34575 07/08/2022 ‘59.3334576 07/08/2022 142 10
34577 07/08/2022 2,870.38

Page 3 of 4 ends

CITY OF AVALON
JUNE 13, 2022- JULY 8,2022 DISBURSEMENTS
July 19, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME

NAVARRO, SOPHIA

PEDROZA, MARIA
POLYDYNE, INC.PREMER TRANSMISSION, INC

QUADIENTQUILL CORPSAND TRAP
WADE, JUANITASTATE CONTROLLER’S OFFICE
PARKING CONCEPTS, INC.

TRIPLE H COMPANY
ULINE

CORPORATE PAYMENT SYSTEMS

VOORHEES WOOD & MANUFACTURED PRODUCALLIANT INSURANCE SERVICESAVALON FREIGHT SERVICES, LLC

CAL TIP

CATALINA BROADBAND SOLUTIONS

CATALINA CHAMBER OF COMMERCE

CATAUNA COASTAL TOURS & FISHING
CATALINA COFFEE & COOKIE CO.

CATALINA ISLAND COMPANYCOOK, AMANDA

DEPARTMENT OF AUDITOR CONTROLLERDIVERSIFIED COMPOSITESFLICKINEER, WILLIAM GARCIA. BEllY JO
GA’EWAY CITIES COUNC:L OF GOVTS

HART, DAV D

MANAGED HEALTH NETWORK
SIRIA’S CLEANING SERVICESUPERION, LLC

TOWNSEND PUBLIC AFFAIRS, INCVEGA, EDMUNDO

WANDA STONE

DESCRIPTION
REIMB 0/P COSTS

REFUND-RENTAL FEE

SUPPLIES - WWTPSUPPLIES - GARAGE

POSTAGE REFILL
SUPPLIES-ALL DEPTSSENIOR MEALS - 04-06/2022SERVICE-HARBOR

DUES - FINANCE
CONTRACT SERVICES- 06/2022SUPPLIES -CEMETERY

SUPPLIES - PUBLIC WORKSSEE ATTACEHD DETAILSUPPLIES - HARBOR INSURANCE POLICY FY23FREIGHT- RECREATION
INSURANCE POLICY FY23INTERNET-ALL DEPTS
TOT - 07/2022
CONTRACT SERVICES -07/2022

SERVICE -RECREATION
RENT -07/2022, PARKING -HARBORRETIREE INSURANCE - 07/2022LAFCO DUES FY23

SERVICE - HARBOR
RETIREE INSURANCE -07/2022RETIREE INSURANCE - 07/2022

ANNUAL DUES - ADMIN
HElMS 0/P COSTS

SERVICE - ADMINISTRATION
1ST HALF 07/2022

SOFTWARE LEASE - FINANCE
SERVICE -ADMINISTRATIONCONTRACT SERVICES -07/2022SOFTWARE LEASE-HARBOR S 1,152,372,26
3’578 07/08/2022 12.1934S79 07/08/2022 2800
34580 07/08/2022 8,077.7834581 01/08/2022 1,6483534582 07/08/2022 352.2834583 07/08/2022 1,94952 34584 07/08/2022 1,044.00
34585 07/08/2022 131.9234586 07/08/2022 17.98
34587 07/08/2022 71,214.9034588 07/08/2022 922,2834589 07/08/2022 822.76 34591 07/08/2022 23,811.7634592 07/08/2022 19,123.4534593 07/08/2022 79,523.00 34594 07/08/2022 3,778.79
34595 07/08/2022 30,554.00
34596 07/08/2022 2,053.70
34597 07/08/2022 94,417.0034598 07/08/2022 24,083.33
34599 07/08/2022 1,600.0034600 07/08/2022 9066.00
34601 07/08/2022 705.8734602 07/08/2022 913.07
34603 07/08/2022 40,000.0034604 07/08/2022 617.50
34603 07/08/2022 774.19
34606 07/08/2022 13,650.00
34607 07/08/2022 13.18
346U8 07/08/2022 286.00
34609 07/08/2022 9,358.00
34610 07/08/2022 3,SS4.38
34611 07/08/2022 5,000.0034612 07/08/2022 15,20R.3334613 07/08/2022 7,160.00

Page 4 of 4 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JUNE 22, 2022
July 19, 2022

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CAMPBELL 4/18/2022 10400 SENDHUB COMMUNICATIONS HUMAN RESOURCESCAMPBELL 4/26/2022 50486 LINKEDIN ADVERTISING HUMAN RESOURCES CAMPBELL 4/29/2022 9498 GOODHIRECOM EMPLOYEE SCREENING HUMAN RESOURCES CAMPBELL 4/29/2022 200 GOODHIRECOM PROCESSING FEE HUMAN RESOURCESCAMPBELL 4/29/2022 94.98 GOODHIRE.COM EMPLOYEE SCREENING HUMAN RESOURCES CAMPBELL 5/3/2022 2.00 G000HIRE.COM PROCESSING FEE HUMAN RESOURCESCAMPBELL 5/3/2022 94.98 G000HIRE.COM EMPLOYEE SCREENING HUMAN RESOURCES CAMPBELL 5/3/2022 94.98 G000HIRE.COM EMPLOYEE SCREENING HUMAN RESOURCESCAMPBELL 5/4/2022 (14.99) GOODHIRE.COM CREDIT HUMAN RESOURCES CAMPBELL 5/9/2022 463.04 LINKEDIN ADVERTISING HUMAN RESOURCES $ 1,440.83 CHECK 34523

CITY OF AVALON

US BANK CREDIT CARD CHARGES
July 19, 2022
PAID JULY 8,2022
VENDOR

CYBERLINK NETWORKVAST CONFERENCE
DIGICERT.COMDROP BOX

CATALINA ISLAND CHAMBERCROWN AWARDSCROWN AWARDSOTC BRANDS

CUSTOM INK

CROWN AWARDS
SEN DHUBGOODH I RE.COM
600DH I RE.COMGOODH I RE.COMCATALINA ISLAND CHAMBER
PRICE LIN F . CO M

CITY CLERKS ASSOCIATION
CA LC ITIE 5. 0 R S

YELLOW CAB OF SACRAMENTO
ULINE
CALCITIES.ORGVISTA P R IN T
CALCITIES.ORG

NATIONAL BUSINESS FURNITURE

SWANK MOTION PICTURES

GLOBAL INDUSTIRES
CONEY ISLANDCHET’S HARDWARECHETS HARDWAREAVALON LAUNDRYOTC BRANDS OTC BRANDSCHET’S HARDWARE

PEBBLY BEACH BUILDING SUPPLY
PEBBLY BEACH BUILDING SUPPLYCHrIS HARDWARE

PEBBLY BEACH BUILDING SUPPLY

CHEFS HARDWARE
CHET’S HARDWARECHEFS HARDWARE

PEBBLY BEACH BUILDING SUPPLY

PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY

CHEIS HARDWARECHETS HARDWARECHEIS HARDWARE
PEBBLY BEACH BUILDING SUPPiYCHEIS HARDWARECHrIS HARDWARE

DESCRIPTION

IT SERVICECOMMUNICATIONIT SERVICEIT SERVICEMIXER DUES
flSHING DERBY SUPPLIESF SHINS DERBY SUPPLIESFISHING DERBY SUPPLIESUNIFORMS 4TH OF JULY AWARDSCOMMUNICAThONS

PROCESSING FEEEMPLOYEE SCREENINGPROCESSING FEE

MIXER DUES

LODGING

TRAINING

CONFERENCE DUES - DE LA ROSA
TRAVEL

MAINTENANCE SUPPLIES

CONFERENCE DUES

BIKE MAPS

CONFERENCE DUES - LAVELLE

OFFICE FURNITURE

MOVIES ON THE BEACHPARK MAINTENANCE

MEETING SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESLAUNDRY SERVICE 4TH OF JULY SUPPLIES4TH OF JULY SUPPLIES

MAINTENANCE SUPPLIES

MAINTENANCE SUPPUES
MAIN’TNANCE SUPPLIESMAINThNANCE SUPPLIESMAINTENANCE SUPPLIES CREDIT

MAINENANCE SUPPLIES

MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIES

MAINTENANCE SUPPLIES

OFFICE SUPPLIES

MAINTENANCE SUPPLIESGARAGE SUPPLIES

MAINTENANCE SUPPLIES

GARAGE SUPPLIES

DEPARTMENT

ADMINISTRATIONADMINISTRATIONADMINISTRATIONADMINISTRATION

ADMINISTRATION
RECREATIONRE CR E AT 10 N

RECREATIONRECREATIONRECREATIONHUMAN RESOURCES

HUMAN RESOURCESHUMAN RESOURCESHUMAN RESOURCESFIRE
FIRE

ADM IN I STRATIONADMINISTRATIONADMINISTRATIONADMINISTRATIONADMINISTRATION

ADMINISTRATIONADMINISTRATIONADMINISTRATION

RECREATIONRECREATIONRECREATIONRECREATION

RECREATIONRECREATION

RECREATION

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS
PUBJC WORKSPJBLiC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

PUBLIC WORKS

PUBLIC WORKSPUBLIC WORKS

LAST NAME POST DATE AMTRAODE
RADDE

HARTHARTHARTBAKERBAKER

BAKERBAKERBAKER

CAMPBELLCAM PBELLCAM PBELL
CAFvI PBELL

ALEGRIA

A LE S R IA

MO RO N E SMO RON E SMAISTROSMAISTROSMAISTROS

MAISTROSMAISTROSMAISTROSHART

HARTHARTHARTHARTHART

HARTHARTH MIE LA KH MIE LA KH MIELA K

H MI ELAKH MI ELAK
hF/I ELAKHMIE LA KH MIE LA KH MIE LA KH MIE LA K

H MIE LA KH MI ELAKHE RNAN DEZHERNANDEZHER NAN DEZ
H ER NAN DE 2

HERNANOEZ

HERNANDEZ
6/3 /20 2 2
6/3/2022
6/10/20226/13/20226/13/2022
6/8/2022
5/8/20226/9/2022
6/14/202 26/14/202 25/18/2022
5/2 7/202 2
5/27/20225/27/2022
5119/202 2
6/15/2 02 2
6/2 /2 02 2
6/10/2 02 25/2 3/2 02 2
5/2 4/2 022
6/8/2D22
6/10/2 02 26/10/2 02 2
6/13/2 02 25/18/2 02 25/2 3/2 02 25/3 0/2 02 25/3 0/2 0 2 2 5/3 0/2 02 25/3 0/2 02 2S/3 0/202 25/3 0/202 25/23 /202 2 5/24/202 25/2 5/2 02 2
5/ 30/2 02 25/30/2 02 2
6/2/2 02 26/3/2 02 26/3/2 02 2
6/10/202 26/13/2 02 26/1S/2 02 26/15/202 25/2 0/20 2 2
5 /20/20 2 25/2 0/202 2
5/20/202 25/2 0/2 0 2 25/23/2022
USD

82.96 24.35
525.00203.88

20.00 521.41
112.07132.97609.84126.42
104.00

2.00 94.98

2.00 10.00
219.97
200.00600.00

46.20 4,460.36
600.00
554.22
600.00
3,727.30
1,620.00

42.1964.2163.75

14.29 8.20
175.89
483.91

0.95 3,180.09
368.26

48.51 2165.01

19.73 (3.30)
32,9867.43
185.72
580.16

64.9196.04

34.07 14.60

35.24 91.21

61.SS
HERNANDEZ 5/25/2022 349.50 EBAY.COM

Page 1 of 3 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 8,2022
July 19, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTHERNANDEZ 5/30/2022 2671 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 5/30/2022 3297 CHEFS HARDWARE MAINTENANCE SUPPLIES PUBL•:C WORKSHERNANDEZ 5/30/2022 3.73 CHETS HARDWARE MAINTENANCE SUPPLIES PUBL)C WORKSHERNANDEZ 6/6/2022 49.68 CHETS HARDWARE MAINTENANCE SUPPLIES PUBL:C WORKS HERNANDEZ 6/6/2022 13.33 CHETS HARDWARE MAINTENANCE SUPPUES PUBLIC WORKSHERNANDEZ 6/9/2022 114.33 CHEfS HARDWARE HARBOR MAINTENANCE SUPPLIES PUBLIC WORKSHERNANDEZ 6/13/2022 123.98 CHETS HARDWARE FLOAT MAINTENANCE PUBLIC WORKS $ 2381176 CHECK 34591

Page 2 of 3 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 8,2022
July 19, 2022

LAST NAME POST DATE AMT USD VENDOR OESCRIPTION DEPARTMENT

Page 3 of 3 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: July 19, 2022 AGENDA ITEM: ORIGINATING DEP: City Attorney CITY MANAGER: 1t&,LK 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 theCOVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings,provided that the physical locations of the legislative body’s members joining by 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 theseprocedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.Most public agencies have been holding public meetings using virtual platforms since this time.

In June of 2021, Governor Newsom issued Executive Order N-08-21. which provided that the exceptions contained in 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 under AB 361Under 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 thepublic, and the Governor’s declaration of a COVID-19 emergency still exists. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated 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 casesand deaths nationally and public health officials have indicated that they may reinstitute certain mask requirements if cases continue to rise. The City’s economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-19 poses an imminent risk to thehealth or safety of attendees.

Re-A uthorization is Required Within 30 Days
The City Council made the findings listed above at its June 21, 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 AS 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 COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that aresult 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 CityCouncil will have to make these findings at its upcoming August 16, 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 COVID-19 pandemic.FOLLOW UP ACTION: That the City Council make the findings under AS 361 at its August 16, 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.
6505900000\3452048 1.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: July 19, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: Q)L&
PREPARED BY: David Maistros, City Manager
SUBJECT: Resolution Adopting Memorandums of Understanding Between the City of Avalon and SEIU 721 — Avalon Harbor Unit and SEIU 721 — Avalon Municipal Employee Unit for the Contract Period July 1, 2022 through June 30, 2025.

RECOMMENDED ACTION(S): Adopt the resolutions adopting Memorandums ofUnderstanding between the City of Avalon and SEIU 721 — Avalon Harbor Unit and SEIU 721 — Avalon Municipal Employee Unit for the contract period July 1, 2022 through June 30, 2025.

REPORT SUMMARY: The 2018-2021 Memorandums of Understanding (MOUs) between the City of Avalon and its five labor associations: International Association of Firefighters Local 2295 (IAFF), Avalon Harbor Employee Association (AHEA), Avalon Municipal Employee Association (AMEA), Management and Confidential Employees were adopted on July 16, 2019.

Due to the COVID-19 pandemic and the financial impact of statewide shutdowns, emergency modifications were made to the MOUs on August 4, 2020. These modifications included:

1. All uniform allowances eliminated. Uniforms would only be purchased on an as needed basis.

2. Travel reimbursements, also known as commuter book reimbursements (2 annually), eliminated. (Partially reinstated on December 31, 2021.)

3. Education reimbursements eliminated.4. Floating Holidays (2 days/16 hours of paid time off) eliminated.

5. When calculating overtime, hours worked” would only be defined as hours actually worked. Vacation hours would no longer be factored into overtime calculations.

6. Accumulation of comp time was eliminated.7. All longevity increases frozen. No retroactive pay would be accumulated.

8. Employees could no longer cash out administrative paid time off. A maximum 30 to 40 hours would be carried over year to year.

9. Volunteer Drill Pay, Special Drill Pay were restricted and available only at the Fire Chiefs discretion.

10.Training and Leave Pay, and Association Representative Leave is eliminated.11. Cost of Living and Classification/Compensation Studies were postponed.

Effective March 17, 2020 all step increases were frozen for all employees and a notification was made indicating no retroactive pay would be accumulated during this time period.

These modifications resulted in significant cost savings and helped the City to remain solventduring a very tumultuous time.

In February 2022. the City Manager began meeting with the City’s labor associations/unions to negotiate revised MOUs for the 2022-2025 contract period. On April 4. 2022 the City Managerreceived letters from Service Employees International Union, CTW, CCL Local 721 (SEIU) on behalf of the AMEA and AHEA indicating the association’s interest in unionizing. A determination was made to hold an election by mail in ballot on May 9, 20222. The election concluded on June 3, 2022 with ballots opened and counted on June 6, 2022. Both the AHEAand AMEA members voted to join SEIU as two different uns — SEIU Harbor Unit and SEIU Municipal Employee Unit.

The City Manager and SEIU representatives negotiated revised contract terms restoring the benefits rescinded in the emergency revisions. Additionally, to counter the wage freeze that has been in place since 2020, the new MOUs provide all employees covered by the MOUs a wage increase annually for the terms of the agreements. Per negotiations, once ratified, anywage increases will be retroactive to June 29, 2022.

The SEIU Harbor Unit and SEUI Municipal Employee Unit MOUs align with IAFF, Management and Confidential/Unrepresented labor associations MOUs approved and adopted by the CityCouncil on May 3, 2022.

FISCAL IMPACTS: Fiscal implications of these MOUs have been integrated into the Fiscal Year 2022-2023 Budget.GOAL ALIGNMENT: Fiscal and organizational stability.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not havecurrent MOUs with the SEIU Harbor Unit or the SEIU Municipal Employee Unit.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:

1. SEIU MOU Harbor Unit Resolution

2. SEIU MOU Harbor Unit MOU and Salary Schedule

3. SEIU MOU Municipal Employee Resolution

4. SEIU MOU Municipal Employee Unit MOU and Salary Schedule RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND
THE SERVICE EMPLOYEES INTERNATIONAL UNION 721 — AVALON HARBOR UNIT EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the Avalon Harbor Employee Association (AHEA) was a recognized employees organization representing employees in the classification of Harbor PatrolSupervisor, Harbor Patrol Officer I and Harbor Patrol Officer II; and WHEREAS, the City requested and AHEA agreed to open contract negotiations in February 2022; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the termsand conditions of employment contained in the MOU; and WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and AHEA on July 16, 2019;and WHEREAS, the COVID-19 pandemic caused the City to face a significant and real financial emergency; and
WHEREAS, the MOU article “Exclusive City Rights and Authority,” provides the City with the ability “to take any and all necessary action to carry out the mission of theCity in emergencies”; and WHEREAS. the City Manager used this authority to amend existing MOUs in order to realize significant cost savings for the City’s general fund; and WHEREAS, the emergency modifications to the MOU were adopted on August 3, 2020 and made effective until June 30, 2022; and
WHEREAS, the Service Employees International Union 721(SEIU) submitted a petition on behalf of the AHEA on April 4, 2022 indicating the AHEA’s intention to unionize; and
WHEREAS, on May 9, 2022 an election was held by mail among the employees in the AHEA to determine whether or not the employees in that unit desired to berepresented by SEIU; and WHEREAS, on June 6, 2022 the election concluded and AHEA was formally disbanded and became the SEIU 721 — Avalon Harbor Unit; and WHEREAS, the City Manager continued to meet and confer with SEIU 721 Avalon Harbor Unit Representative and new MOU provisions were negotiated; and WHEREAS, the new MOU provisions restore the benefits rescinded on August 4, 2020; and
WHEREAS, the SEIU 721 — Avalon Harbor Unit and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and SEIU 721 — Avalon Harbor Unit, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions toimplement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 19th day of July, 2022, by the following vote:

Ayes:

Noes:

Abstain:Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

SEIU AVALON HARBOR EMPLOYEES

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND

THE AVALON HARBOR EMPLOYEES
JULY 1, 2022 — JUNE 30, 2025
0 SEIU AVALON HARBOR EMPLOYEES

TABLE OF CONTENTS
PURPOSE 3
NON-DISCRIMINATION 3FULL UNDERSTANDING, MODIFICATION, AND WAIVER 3 MUTUAL RECOMMENDATION 4
PLEDGE OF COOPERATION 4EXCLUSIVE CITY RIGHTS AND AUTHORITY 4 RECOGNITION/UNION MEMBERSHIP 6PERSONNEL RULES AND REGULATIONS 6LAYOFFS AND SEPARATION 6 PEACEFUL PERFORMANCE OF CITY SERVICES 7
SECTION12S 7
HEALTH AND SAFETY 7
SAVINGS CLAUSE 8
DURATION OF AGREEMENT 8UNION CONSIDERATIONS 8
PARITY 9
DUES DEDUCTIONS/COPE 9OVERTIME 10
RETIREMENT 11

SEJU AVALON HARBOR EMPLOYEES
SPECIAL PAY 12
COST OF LIVING 13
SALARY 13
LONGEVITY PAY 14HOLIDAYS 14
ALLOWANCES 15VACATION AND SICK LEAVE 16
EMT CERTIFICATION AND USCG LICENSE REIMBURSEMENT 18
CALL BACKS 19
ON CALL ALLOWANCE 19
“STAND-BY” ALLOWANCE 19
TLO POSITION 19
TRAINING OFFICER 19
CATASTROPHIC LEAVE 20
HEALTH CARE 21HARBOR SAFETY AND SECURITY 23
HARBOR CLASSIFICATION 23
EXECUTION 23
WAGE SCHEDULE Appendix A
2 SEIU AVALON HARBOR EMPLOYEES

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as “MOU” and “Agreement”) to promote and provide for harmonious relations, cooperation and understanding between the City of Avalon (referred to hereinafier as “Employer” or “City”) and the Service Employees International Union. Local 721 (referred to hereinafter as “Union”) and the employees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding: and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages.hours and other terms and conditions of employment of the employec cover hereby.

NON-DISCRIMINATION
The City and Union recognize the right of the empioyees to form, join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Union in any manner which is unlawftil pursuant to state or federal law. This Article is not subject to the Grievance Procedure.The City and the Union agree that no employee will be promoted, demoted, transferred, by-passed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, scx, age, national origin, disability, veteran status, marital status, mental or physicaldisability, sexual orientation, medical condition, political or religious opinions or affiliations. TheCity and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring amodification or change in any provision of this Agreement in compliancc with state or federal antidiscrimination laws. Equal employment opportunity will be extended to all persons in all aspectsof the employer-employee relationship, including recrtmitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding. it shall be undcrstood to include the feminine gender.

FULL UNDERSTANDING. MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the patties. and any other prior existing understanding or agreements by the parties. whether formal orinfonnal. regarding any such matters contained in this N’IOU are hereby superseded or terminatedin their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made Lid executed in writing by all parties hereto, and approved and implemented by Avalon’s City Council.

The waiver of any breach, term or condition ofthis Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 3 SEIU AVALON HARBOR EMPLOYEES
For the life of this MOU, Union and the City mutually agree that to reopen negotiations withrespect to any subject or matter covered in this MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to he submitted to the Avalon City Council, This Memorandum of Understanding shall not be binding upon the partiesin whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the members/employees.

PLEDGE OF COOPERATION
The parties to this MOL realize that the things that would be in the best interest of both the Union.employees and City, in the long run, are largely identical and all parties will benefit from a continuous, peaceful relationship and intelligent, constructive efforts to resolve any differencesthat may arise.The City and the Union have entered into a partnership that will ensure efficient operations whilepledging to work together to best serve the needs of the Citys citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
[he City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless modified by this Memorandum of Undcrstanding. The rights of the City include, but are not limited to. the exclusive right to:

A. Jo manage the City generally and to detennine the issues of policy.B. To dctcnnine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To detennine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To detennine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation. 4 SEIU AVALON HARBOR EMPLOYEES
L To detennine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will employee is made during the period of suspension of an employee or pending tinal action on proceedings to review the suspension, demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

I. To establish and modify productivity and performance programs and standards.M. To discharge. suspend. demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City’s Personnel Rules and Regulations.

N To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/or salary ranges as needed, and/or to underfill any allocated position.

0. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City’s Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

Where management makes any changes in working conditions because of the requirements ofFederal and State law, the City shall not he required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except inemergencies. or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of managements rights shall impact ona significant number of employees of the bargaining unit, the City agrees to meet and confer withthe Union on all matters relating to employment conditions and employer-employee relations including wages. hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandumof Understanding. Nothing in this Article is intended to modify the City’s obligations under the Meyers-Milias Brown Act.
5 SEIU AVALON HARBOR EMPLOYEES

RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section2-6.10 1 et seq. as the exclusive bargaining representative for all employees employed by the City in the job classifications set forth below.

1. 1-larbor Patrol Supervisor.

2. Harbor Patrol Office I.

3. Harbor Patrol Officer 2.

This MOU only covers city employees that are in a full-time position who are represented by theUnion unless otherwise specifically set forth herein.

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the “City of Avalon’s Personnel Rules and Regulations,” as amended thereafter by City resolution and Memoranda ofUnderstanding. Those rules, policies and benefits, which are subject to the meet and confer process when directly related to employment conditions and employer-employee relations includingwages, hours and other terms and conditions of cmployment will continue in effect, except forthose provisions modified by this Agreement unless and until modified by mutual agreement of the parties and enacted by the City Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. Where the terms of the City of Avalon’s Personnel Rules and Regulations and this Memorandum of Understanding are in conf]ict, the terms of the MOU shall prevail.

LAYOFFS AND SEPARATION
Shall be conducted in accordance with the City’s Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within the bargaining unit where the affected employee held regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family of jobs. l’emporary, provisional, and probationary employees shall be called back to work after regular employees in apreviously held status within their bargaining unit, covered by this agreement. Employees in good standing with their performance maybe reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work perfonnance to fulfill therequirements of the position and must serve a new probationary period of six (6) months.

Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the Department I-lead to reappoint a former employee, and only providing theemployee was in good standing in the performance of assigned job duties at the time of layoffshould he or she desire not to do so. Appointment shall otherwise he in the manner as for originalemployment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed 6 SEIU AVALON HARBOR EMPLOYEES
shall be considered a new appointee and shall have no vested interest in or he entitled to reinstatement of any benefits accrued during any previous employment with the City. Art employee may be tenninated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization. abolition of position. shortages of workfinds, or completion of work for which employment was made. Such tennination shall not be subject to appeal.

PEACEFUL PERFORMANCE OF CITY SERVICES
The Union, its officers, agents. representatives and/or members agree that during the tenn of tlus Agreement, they will not cause or condone any strike (including sympathy strikes), walkout,slowdown. sickout or any other job action or stoppage of work by withholding or refusing toperform services by Union employees during the life of this Memorandum of Understanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. Theterm “lockout” is hereby defined so as not to include the discharge, suspension, termination. layoft failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.Any employee who participates in any conduct prohibited as described above may be subject totermination by the City.

SECTION 125
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Councileffective January 1996.

The City is committed to promoting a drug-free workplace to ensure that employees involved insafety sensitive transportation activities avoid problems created by the use of controlled substances and alcohol. The City of Avalon is legally required to enforce Federal DOT regulations and implement controlled substance and alcohol testing for employees who require a commercialdriver’s license, including testing requirements and consequences to employees who have been found to use controlled substances and alcohol as outlined in this policy’. In the event of suchsituations, the City shall make notification(s) to the appropriate agency regarding the employee’ssituation unless there exists a specific health or safety need, or by regulation or other extenuatingcircumstance. All employees of the City are subject to pre-cmployment, random, reasonable suspicion/cause. post-accident, return-to-duty and follow-up controlled substance and/or alcoholtesting and may be subject to disciplinary action for cause in accordance with the Policy.

Shall the City and the Union mutually agree to reopen negotiations regarding this specific article, 7 SEIU AVALON HARBOR EMPLOYEES
both parties agree to limit negotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws,and if any provision of any Article in the Agreement is held or found to be in conflict therewith.said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Article of this Agreement. In the event that any provision shall beheld unlawful and unenforceable by any court of competent jurisdiction. the parties agree to meetforthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the (late ofits ratification until 12 o’clock midnight on June. 30, 2025.In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonablypossible, its ftill and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later thansixty (60) days prior to the tennination date of this Agreement.

UNION CONSIDERATIONS
City employees who are official representatives of the Union shall he given reasonable time offwith pay to attend meetings with management representatives, or to be prescnt at hearings wherematters within the scope of representation or grievances are being considered. The use of official tinie for this purpose shall be reasonable and shall not interfere with the performance of Cityservices as detennined by the City. Such employee representatives shall submit a written request for absence to their respective Department Heads, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement. the number of employeesexcused for such purposes shall not exceed two (2).

Reasonable access to employee work locations shall he granted to officers of the Union as their officially designated representatives for the purpose of conducting business within the scope ofrepresentation. In the event an outside business agent or legal representative need be present, theUnion shall provide the City with advanced notice. It is agreed that the Union representative(s)are permitted to conduct Union business during working hours and may use City facilities accessible to the public provided that such activity does not interfere with the normal operations of the department or with established safety or security requirements. An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Union may be represented by the Union.

The grievant(s) and one representative are entitled to be released from work for a reasonable periodof time in order to prepare for and present the grievance. 8 SEIU AVALON HARBOR EMPLOYEES
Except in case of emergency, reasonable advance written notice shall be given to the Union ofany ordinance, rule, resolution or regulation directly relating to matters within the scope ofrepresentation proposed to be adopted by the City Council and shall he given the opportunity to meet with such body prior to adoption. In casc of emergency when the City’ Counci] determinesthat an ordinance, rule, resolution or regulation must be adopted immediately without prior noticeor meeting with the Union , the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule. resolution or regulation.

PARITY
Parity as it relates to cost of living increases and healthcare benefits shall remain the same between the SElL-Harbor Employees. SEIU-Municipal Employees and IAFF,

DUES DEDUCTIONS
The City agrees to deduct the cun’ent regular Union dues and contributions to registercd political action committees, each payroll period and remit such deductions once each payroll period to theUnion within seven (7) working days following the end of the payroll period, in accordance withGovernment Code 1157.3, 1157.10 & 1157.12. The Union will notify the City, in writing, ten(10) working days prior to any change in the regular Union dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor anyrequest of this nature other than for Union dues. Deduction of dues will be made by the City whenother payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorized deduction report from the Union, which lists the employees for whom the Union has and will maintain a dues deduction authorization.If the City receives any request from a bargaining unit employee to revoke or change an authorized deduction, the City must direct the request to the Union.

The Citx’ agrees to provide to bargaining unit employees, at the time of hire, Dues Deductions Authorization forms supplied to the City by the Union.Each pay period, the Employer shall send to the Union a list of all employees in the bargaining unit including: each employee’s first name, middle initial, last name; employee identificationnumber; residential address; worksite address and specific work location (if different from worksite address): work and personal email address (if available): work phone number; personalcell phone number (if available): employee hire date: employee job classification; employment status (cx: active, unpaid leave of absence, etc.); work status (ex: fll time, part time, hourly.seasonal, etc.); annual base salary’ amount; base salary earned per pay period; hourly rate; salatystep (if applicable); and total hours worked in the pay period. This information shall be sent in Excel format to duesseiu72 I org.Each pay period, the Union shall provide the employer with an “authorized deduction report” which includes bargaining unit members who have authorized the deduction of Union dues, COPEamounts and other deductions and the deduction amounts. 9 SEIU AVALON HARBOR EMPLOYEES
The Employer shall make the dues and other applicable deductions from the employees’ paychecksand remit such itemized deductions to the Union via Electronic Funds Transfer (EFT) within five (5) business days of each payday. The Employer shall also provide the breakdown of each amoLntremitted (i.e. Dues. COPE, Supplementary Benefits, etc.) in Excel format to duesseiu72Lqgwithin five (5) business days of each payday.

Committee on Political Education (COPE)Employees may make voluntary contributions to the Union’s registered political actioncommittees. The employer shall make the deduction of the voluntary contributions in the same manner as the dues deduction process.

Every pay period the Union will notify the employer with a list of employees and the appropriate deduction amount on the “authorized deduction report” of the employees who have signed an authorization for the COPE deduction.

Employees may discontinue voluntary political deductions by providing notice of cancellation to the Union and the Union shall transmit such notice of cancellation to the Employers by the next full pay period cycle.

Service Employees International Union Local 721 shall indemnify and hold the Employer, its officers and employees, harmless from any and all claims, demands, suits, or any other actionarising from the provisions herein.

OVERTIME
Except as set forth with regard to call back and on-call work, the standard workweek shall he forty(40) hours each workweek. However, all employees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of said employees. Indetermining overtime, vacation and paid holidays taken during the week shall be considered as hours worked. Sick time and any other leaves of absence shall not be considered as hours worked for the purpose of calculating overtime. Overtime shall be paid at the rate of time and one-half(1 1/2) for all hours worked over forty (40) in the workweek as defined above.

If a frill-time employee is called to report to work unscheduled to cover the shift of anotheremployee and to meet the needs of the City, such time worked shall be compensated at time and one-half (11/2) on this date.

If mutually agreed to by the employee, and the Harbor Master approves in writing of the accumulation, the employee may receive “comp time” as time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work, call-hacks and on-call duty.There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated comp time off shall be reasonably honored, taking into consideration the needs of thedepartment.Compensatory time must be accumulated consistent with the provisions of the Fair Labor Standards Act, with the employee earning one and one-half(l 1/2) hours compensatory time off 10 SEIU AVALON HARBOR EMPLOYEES
for each hour of overtime worked. Comp Time accumulation shall not exceed at any time two hundred and forty (240) hours annually and may only carry forward up to 80 hours of comp time into the next yeal-. Payouts shall he made annually by December 31st of each year.

RETIREMENT
CaIPERS Contribution:Any employee hired after January 1. 2013 and who meets the definition of a “new member” asdefined by Government Code section 7522.04(f) will be required to pay 50% of the “normal cost” of thc defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rateof similarly situated employees, whichever is greater, as specified in Government Code section 7522.30 Any new member who has not bccome vested by having paid the einp[oyees contribution to CaIPERS for the first five (5) years of continuous service as of January 1, 2013,will he required to pay the employee’s share of the contribution (EPMC) to fund a portion of thecost of the 2.7% at age 57 retirement formula an amount equal to 12% of compensation earnableon a pre-tax basis for safety, as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordancewith the CaIPERS retirement system.Any employee who established Ca1PERS membership prior to January 1, 2013 who is already vested after having paid the employee’s contribution to CaIPERS for the first five (5) years ofcontinuous service, will be required to pay the employee’s share of the contribution (EPMC) to find a portion of the cost of the 2% at 50 retirement formula an amount equal to 9% of compensation earnable on a pre-tax basis, in accordance with Section 20516(f). Effective January 1,2018, the employee’s pre-tax contribution pursuant to Section 20516(f) shall be increased such that the employee will be required to contribute a full 12% of pay for safety members, as specified in Govcrnment Code section 20516.5. Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CaIPERS retirement system.

Retirement Calculations:

Tier 1- 36 Consecutive Months - For employees hired pnorto December 31, 2012 and in accordance with the City’s contract with CaIPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay ratefor 36 consecutive months of employment.

Tier 11- Three (3) highest year average - For employees hired on or after January 1,2013 theprovision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.

Retirement Formula:

Tier I — 2°/b at 50 - All employees covered under this provision of this MOU hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 50).
11 SEIU AVALON HARBOR EMPLOYEES
Tier II — 2.7% at 57 - All employees covered under this provision of this MOU hired on orafter January 1, 2013 shall have their final percentage of final compensation to be provided foreach year of credited prior and current service determined in accordance with Section 7522.20of the Public Employees Retirement Law (2.7% at 57) based on Article 4 of California PublicEmployee’s Pension Reform Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the PublicEmployee’s Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military prior to employment provided, however, the employeemust contribute an amount equal to the contribution for current and prior service that the employeeand the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee’s Retirement Law, an allowance may he continued to a surviving spouseupon the death of a member after retirement.

Retiree Medical: All employees (full-time and part-time) hired on or before July 1, 2022 that retire after twenty (20) or more years’ of full-time service with the City shall have the same medical,dental, and vision retirement benefits up to the City paid maximum contribution (City maximum)or the premium of the health plan selected by the employee (whichever is lower) as compared tocurrent active employees enrolled in the PORAC health plan. Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CaIPERS supplemental medical premium for employee only coverage.

Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled publicsafety officers may elect to have a maximum of $3,000 per year subtracted from their 457 plandistributions and sent directly to a health or long term care provider to pay premiums. A retired or disabled public safety officer may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment, the retired or disabled publicofficers must make this election on their federal income tax returns.

SPECIAL PAY
Movie Pay. When the City Manager and Harbor Master determine a film pennit requires the useof an employee covered by an established agreement during the filming or taping of movies orcommercials within the City limits, each of the required personnel shall be paid by the City at arate of $55.00 per hour, for up to eight (8) hours. Any time over eight (8) hours in a day will bepaid at the rate of $88.50 per hour.Bilingual Pay. When the Harbor Master determines that a position requires bilingual skills onaverage of at least 10% of the employee’s work time, such an employee in the designated positionmay become eligible for Bilingual Pay. An employee shall first demonstrate a languageproficiency of job-related tenninology acceptable to the Harbor Master or his designee and the Personnel Officer. Thereafter, the employee shall he entitled to the payment of $25 a month for bilingual pay.
12 SEIU AVALON HARBOR EMPLOYEES
Scheduled Training and Meetings: When attendance is required at safety meetings, training, negotiations, City Council or courtroom representation. A minimLlln 2 hours shall he paid at anovertime rate when the employee is not otherwise on duty.

COST OF LIVING
Employer Paid Member Contributions (EPMC): Over the term of the 2015-20 18 MOL the City agreed to increase pay. by the same percentage of pay. for all Ca1PERS Classic bargaining unit employees hired before January 1, 2013, to find up to 12% of the employee’s share of the contribution (EPMC) for their retirement in accordance with the Public Employee’s Pension Reform Act (PEPRA). Rather than highlighting this separate EPMC category, the City will establish two tiers of salary schedules for employees hired before December 31, 2012 (Tier I) andemployees hired after January 1, 2013 (Tier 2) with the previously stated EPMC absorbedaccordingly.

Cost of Living Increases for Y-rated Employees: V-rated employees, currently receivingcompensation above the total compensation market median shall remain Y-rated until the Consumer Price Index (CPI) for Urban Wage Earners in Los Angeles County shows a salary increase is warranted. During the term of the MOU. V-rated employees will not be eligible to receive the market study increase.

The City and three (3) members selected by the Union agree to mutually formulate an agreedupon set of specifications and terms for a Request for Proposal for a consultant to perform amarket study to he conducted before the end of 2023. Prior to the receipt of the market study, theEmployer and Union representatives shall meet and mutually decide how to apply the data reported in the study. At the time the study is completed, hethre the terms of the MOU expire,shall the City and Union mutually agree to reopen negotiations regarding this specific article,both parties agree to limit negotiations solely to this article. The City agrees to meet with theUnion and consider all proposals until which time the City and Union agree to bring forth a Policy for Council adoption. The City and Union shall sign a side letter once there is anagreement on this item, SALARY
Employees shall he compensated in accordance to the Wage Schedule attached hereto and incorporated herein.

Any Employee that is currently in Steps shall he advanced to the next Step effective June 29, 2022upon the ratification of this MOU. All subsequent Step advancements shall occur annuallybeginning with the first full pay period on or after July I, 2023 and each full pay period on or after July 1 thereafter.An annual Step advancement may not he denied unless the City identifies serious concerns regarding employee performance, based on objective criteria set forth in annual Employeeevaluations. The Employer shall make best efforts to complete Employee evaluations prior to 13 SEIU AVALON HARBOR EMPLOYEES
April 30th. In the event an employee in Step 1 through 4 is denied an annual advancement to thenext Step, the Employee, or Union, may initiate a Formal Grievance at the final step of the Formal Grievance Procedure (City Manager review).

Employees presently on step 5 shall be compensated in accordance to newly created steps 6. 7,and 8 of the proposed \.:‘age Schedule and Annual advancement to Steps 6 through 8 shall heautomatic.

Newly hired Employees shall be eligible to receive 50% of their next Step increase upon completion of their one (1) year probation and shall receive the balance of the Step increase at thefirst frll pay period on or after July- 1 and each year thereafter.

Promoted Employees shall be eligible to receive 50% of their next Step increase upon completion of their six (6) months’ probation and shall receive tile balance of the Step increase at the first full pay period on or after July 1 and each year thereafter.

LONGEVITY PAY
Employees shall, upon completion often (10) or more continuous and uninterrupted years’ service, be eligible for longevity pay on an employee’s anniversary date, in the pay period following thedate of eligibility, as follows:

Years of Service Completed Percentage of Base Salary
10 years thru 14 years 5%
15 years thru 19 years an additional 5% (10% total)
20 years an additional 5% (15% total)
Public Agency Longevity Pay is compensation earnable within the meaning of Section 20636 oF the California Government Code and Section 57l(a)(1) of the CaIPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not he considered an interruption of sen-ice.

In the event an employee ceases to be employed by the City for a reason other than military service or lay-off. all rights to longevity pay shall be forfeited and expire, and if said employee issubsequently re-employed by the City. said employee shall not be entitled to any longevity pay by reason of any prior employment.

In accordance with the years of service completed scheduled, and 10 or more years of continuous service requirement above, employee hired on or after January 1, 2016 shall not be eligible toreceive greater than 0% longcvity’ pay during their employment with the City’.

HOLIDAYS
Holidays shall be eight (8) hours of holiday pay for twelve (12) holidays and two (2) floatingholidays, as set forth in the City’s Personnel Rules and Regulations. Eligible employees shall 14 SEIU AVALON HARBOR EMPLOYEES
receive payment for unused holidays and floating holidays on or before June 30th each calendaryear. Holidays worked on the holiday shall be banked as straight time at the employee’s regularhourly compensation rate and shall be paid in accordance with ELSA overtime rules once a forty (40) hour workweek is reached.

Holiday benefits will not accrue during any leave of absence. An employee who is on a leave of absence without pay for either the regularly scheduled working day before the holiday, or after theholiday, shall not be paid for the holiday or accrue while on leave. If an employee is laid off orterminated, employee shall be fully paid for all unused holidays.

ALLOVANCES
Uniform Allowance: Employees are required to wear a specific standard uniform that will be purchased annually by the City as follows:These items will minimally include but not limited to: three (3) pairs of twill trousers, two (2) bike pants with logo, four (4) men’s tour fishing shorts, six (6) poplin shirts with emblem, one (I garrison belt or equivalent, one (1) Gerber multi tool, one (I) duty belt, one (1) radio ease, one (1) CPR mask, two (2) pair of men’s shock boat shoes, three (3) baseball caps with HP logo, two (2) windbreaker jackets: two (2) blue duty’ jackets, one (I) marine rescue knife, one () pair of XTRATUE neoprene hoots, one (I) Princeton tactical I-I L. one (1) Mustang float coat 4pkt vest,one (I) chaos helmet yellow, one (I) pair of sunglasses. and one PDE strobe light from theapproved uniform list valued at $1,500. Other items may he selected by the employec and included, with the Harbor Master’s approval, which are not specifically identified above.

Employees that leave the City’s service shall return their uniforms to the City on their final day of employment. Footwear purchased must he soft sole, non-marking, supportive and weather resistant and comply with City standards. All employees shall come to work in clean uniforms each day. agree to the establishment of a specific uniform standard, and agree to abide by thisstandard oncc adopted, on a year-round basis. Uniform style, including color and design shall heas approved by the l-Tarbor Master. City- shall provide each employee, and replace every two years. a quality set of rain gear consisting of pants, jacket and boots. Items not deemed necessary to personal health and safety’ will be subject to CALPers and will be reportcd to CALPers as special compensation for “Classic” or “Tier 1” employees.

Cell Phone Reimbursement: Employees whose job duties include the regular, frequent or ongoing need for a device may receive compensation for a cell phone or smart phone, data plan, tablet andhot spot device, in the form of a monthly Stipend to cover City business-related costs (Option 1),or may be issued a City-owned mobile device (Option 2) up to the City allowable maximums andwith approval in accordance with policy. Employees may request a reimbursement option to their immediate supervisor with final approval to be determined by the City Manager.Education Reimbursement: Each Department will be allocated $5,000 each year to reimburseemployees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 50% reimbursement on actual costs of tuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will be atthe Department Head’s and City Manager’s discretion. Employees must have been employed flaIltime at the City of Avalon for a minimum of one year to be eligible for reimbursement. The employee will be required to maintain employment afler reimbursement for a minimum of two 15 SELU AVALON HARBOR EMPLOYEES
years. The employee shall be reimbursed for actual costs of tuition. hooks, lab fees or other student expenses only upon completion of courses each individual with a grade of B” or better, orsuccessful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided. All course work must he completed during the employees regularlyscheduled time off Travel Reimbursement: On a semi-annual basis employees shall receive reimbursement for onesubsidized cross-channel commuter hook provided by the Catalina Express. Employees musthave been employed full-time at the City ofAvalon for a minimum of one year to be eligible for reimbursement.

VACATION AND SICK LEAVE
On December 15th of each year, both fttll time and part-time employees may sell back to the City,at one-for-one cash out, a portion of his or her accumulated vacation or holiday time, up to a maximum of 12 vacation or holiday days combined up to a maximum of 228 hours per year to be paid at straight time.

Employees shall accrue vacation and holiday leaves according to the following schedule:

Years of Service Completed Accrual Rate
0 years thru 4 years 10 days (2 weeks)
5 years thru 9 years 15 days (3 weeks)
10 -{- years 20 days (4 weeks)
No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation and sick leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.

Employees may accrue up to a maximum of 480 hours (60 days) of vacation and holiday leave.

Employees that reach thc 480 hours (60 days) maximum, shall cease to accrue vacation and holiday leave until they use such leave to bring the amount accrued below the maximum.

Vacation Leave Buy Downs: During the term of this MOU an employee may elect to contribute the value of all unused andor already accumulated vacation pay in excess of 240 hours. into theCity’s 457 plan. or to elect to receive a taxable cash distribution. The City shall cash out up to onehalfofthis bank at 100% of its value on the last pay period of each quarter. Said distributions may not exceed the normal maximum allowed defeiTal limits as set forth by the IRS for the 457 plan.

An employee may accumulate a maximum of 60 work days (480 hours) of sick leave. If an employee’s sick leave balance exceeds 720 hours, the employee shall cease earning sick leave until the balance is 479 hours or less at the beginning of the next pay period. In 2026, an employeemay elect to contribute the value of all unused and/or already accumulated sick leave pay in excess of 240 hours, into the City’s 457 plan, HSA, or to elect to receive a taxable cash distribution. TheCity shall cash out up to one half of this bank at 100% of its value on or before December 31, 16 SEIU AVALON HARBOR EMPLOYEES
2026.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under theprovisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, orCalifornia Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowedfor the purpose of preventative medical, dental, and care of a parent, spouse, registered domesticpartner or child. An employee contemplating to be offwork due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee’s health care provider stating any duties the employeecannot perform and any restrictions or light duty requirements. In such events, FMLA and sickleave shall run concurrent. Employees requesting sick leave shall notify their immediatesupervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period ofrecovery thercfrom, to be determined in accordance withwritten reports from the employee’s physician, specifying the expected date of delivery and the date that the employee should cease work. In no event shall an employee return to work after pregnancy prior to a date fixed by the physician in a signed statement that she is physically able toperform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness orinjury unless they are on a medical certification program.Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accruedto attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement of a licensed physician whcnever an employee misses work due to an illness,injury or disability. The Department Head or Personnel Officer may require a written statementfrom the attending physician or dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer mayrequire a written statement from the attending physician or dentist, or from the physician or dentistto whom the department head or Personnel Officer has required the employee to report and beexamined by, that the employee is capable of and released to return to the performance of all ofthe duties of his position. The physician’s statement must verify than an injury or disability existsor existed, its beginning and ending dates and/or the employee’s ability to return to work withoutpresenting an immediate and significant risk to his own health or safety, or the health and safetyof others, and any other requirement in accordance with the City’s Sick Leave policy located inthe Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressivediscipline, up to and including ternilnation.

Management may not require doctor’s verification for sick leave of less than three (3) days unlesssick leave abuse is strongly suspected and reasonably demonstrated.Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and 17 SEIU AVALON HARBOR EMPLOYEES
Regulations unless provided otherwise by a current MOU.Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave in accordance with the following schedule:

Years of Service Balance Payable
2-4 25 % of accrued and unused sick leave
5-9 50% of accrued and unused sick Leave
10— 75% of accrued and unused sick leave
When calculating the total amount payable to an employee tipon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued andunused sick leave, allocate an equal portion of such leavc to each year of service, and determine the highest hourly pay rates for each year of service.

EMT CERTIFICATION AND USCG LICENSE REIMBURSEMENT
Emergency Medical Technician or Coast Guard Merchant Mariner ciedential with towing endorsement will be available to Full-Time Harbor Patrol Officer I employees. Employees musthave been employed fril-time at the City of Avalon for a minimum of six months, or successfully completed the probationary period as described in the Rules and Regulations. to be eligible forreimbursement. The employee will be required to maintain employment after reimbursement for a minimum of two (2) years.If, for any reason, the employee fails to complete a minimum of two (2) years of service with the City as a Harbor Patm’ol Officer 1. the employee will be required to reimburse the City for any actual training costs within one hundred eighty’ day’s (180) of the end of the Employee’s termination of employment. Reimbursement shall be prorated on a monthly basis after completion of training and the Employee’s obligation to pass the State of California’s required testing for an EMTCertification and or Coast Guard licensing.

If the employee fails a class during the certificate/license program he/she shall not be reimbursedfor such failed class.If the Employee provides a minimum of two (2) years of service to the City as a Harbor PatrolOfficer 1, the Employee’s obligation to reimburse the City of for the cost of training shall end.After completion of certification and minimum two (2) years ofservice promotion to Harbor Patrol Officer 11 shall then be considered as the Harbor Master’s discretion. 18 SEW AVALON HARBOR EMPLOYEES

CALL BACKS
A call back occurs when a covered employee has worked a complete shift and is requested to returnprior to his or her next scheduled shift, usually but not necessarily due to an emergency situation.

In such situations, the employee shall receive a minimum of three (3) hours pay at the overtime rate of 1 1/2 times the hourly rate of pay ifthe time worked is less than three (3) hours, and overtimepay on a per hour basis for time worked beyond the three (3) hour minimum. Exempt employeesare not eligible for call-back pay.

ON CALL ALLOWANCE
The Harbor Master or his designee shall designate employees that are on call for a period of ten (10) hours in any one day. An off duty employee that has been designated for on call duty shall arrange their schedule of personal activities so the employee can be contacted within ten (10)minutes via pager, radio or telephone and can respond to an emergency request within thirty (30)minutes of notification. An employee performing on-call duty shall receive a minimum of three (3) hours overtime pay for every ten (10) hours on call or standby. On call duty compensationshall cease when the employee reports to work at which time employee shall be compensated attheir regular rate of pay for all hours worked in accordance with the Fair Labor Standards Act(Fl.SA) law and overtime rules. Employees performing on-call duty or on standby shall remain on duty until released by the Harbor Master or his designee. “STAND-BY” ALLOWANCE
The Harbor Master or his designee shall designate employees that are on standby for a period to he determined immediately following their shift. An employee performing standby shall receive aminimum of three (3) hours overtime pay for being placed on standby. Employees perfonning onstandby shall remain on duty until released by the Harbor Master or his designee.

TLO POSITION
The City shall provide a five percent (5%) stipend for one (1) sworn Union member, assigned tothe Terrorist Liaison Officer (TLO) position to recognize the performance ofspecialized job dutiesassigned to this position, in addition to employee’s regular Harbor Patrol Officer’s job duties. TheTLO’s duties shall also be incorporated with Rescue 2 and other job related responsibilities. TheTLO shall be provided one laptop computer to assist in the performance ofjob related duties. l’heTLO shall identify and participate in job specific training course curriculum, as approved by the Harbor Master. The City shall encourage and sponsor TLO participation in all matters pertaining to training, safety awareness and threat assessment with the Harbor Master’s approval. The TLO is expected to adhere to all City Travel and Expense Reimbursement Policies.

TRAINING OFFICER
The City shall provide a five percent (5%) stipend for one (1) sworn Union member, assigned bythe Harbor Master, to be the Training Officer. The Training Officer shall, in addition to his/her 19 SEIU AVALON HARBOR EMPLOYEES
regular Harbor Patrol Officer’sjob duties, schedule, maintain and track certifications, licenses, andtraining of all Harbor Patrol Officers. The Training Officer shall be authorized to seek and identifytraining opportunities for the Department work cooperatively with the Harbor Master, or lus designee. to schedule, budget and manage both mandatory and job spccific elective training options.

Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time ofT it’ employed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness,injury, impairment, or physical or mental condition that is present for a minimum of seven calendardays, and that involves:

1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital. hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed healthcare provider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.): or

5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to he confidential infonnation. No details regarding personalmedical information will he provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave,overtime, holiday, administrative leave, comp time. vacation), in a calendar year, to a Oty employee(s), when an employee or the employee’s family member has suffered a catastrophic illness or injury.

II. ELIGIBILITY
A. The Personnel Officer must determine that the RECIPiENT:

1. is unable to work;
20 SEIU AVALON HARBOR EMPLOYEES

2. has exhausted all applicable accrued paid leave hours;

3. has provided sufficient documentation of nced for himseltYherself or immediate familymember;4. has met the requirements outlined by the IRS and FLSA;

5. receives no more than S weeks in accrued paid leave hours for any one catastrophicillness or injury; and6. has completed a “Request for Catastrophic Leave” form. ‘FoI7nJ?n’tllconling.

B. A Personnel Officer must determine that the DONOR:

I. will donate no more than 40 hours in total donations in a calendar year:

2. is donating in whole-hour increments; and

3. has completed a ‘Donation for Catastrophic Leave” form. IFonntöithcoming} Notes:
• Once donated, hours cannot be returned to the donor.
• Donations are exchanged for an hour-for-hour basis regardless of pay rate.• Donor participation will he confidential. • An employee that has applied to receive Worker’s Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must he approved by the City Manager and Finance Director.

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid bythe City shall he no more than $1,600.00 for a family rate up to the City paid maximum, asdefined below.

The following monthly City maximum contribution benctits shall apply effective January 1, 2019:

Full-time employees hired before December 31. 2015:
*City
Status Maximum
Employee Only 5777.99Employee+ I 51.2832!
Employee + Family S 1,600.00
Full-time employees hired after January 1. 2016:
*City
Status Maximum
Employee Only $667.69Employee+l $1,171.91
Employee + Family $1,501.22
21 SEIU AVALON HARBOR EMPLOYEES
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the costof the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies ordeceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteriaset forth by the medical insurance provider.Dental Benefits: The City shall continue to pay 100% of the employee and eligible dependent’sdental coverage. Once a covered dependent is no longer eligible because of age limitations in thepolicies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meetsthe criteria set forth by the medical insurance provider.Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term lifeinsurance policy for each eligible employee which shall be based upon a formula of one times theemployees annual salary rounded up to the nearest thousand dollars, up to a maximum City paidcoverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This groupterm insurance is on a non-participating basis, with option to convert coverage upon terminationof employment. Payment of benefits is subject to all the provisions of the master policy. Thisbenefit replaces any other life insurance coverage.Vision Benefits: The City’s contribution for vision insurance shall be 100% employer-paid for family coverage for the term of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined asspouse or child who meets the criteria set forth by the medical insurance provider.Opt Out Bcncfit: An employee cannot be enrolled in the City’s dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless theemployee (or the spouse) is enrolled without being covered as a family member. Additionally, anemployee may choose to not he enrolled in the City’s dental, vision or PERS health plan. In suchcases, the City, after determining that a minimum amount of health coverage is provided to theemployee (by their spouse or other coverage), shall pay an employee that has waived coverage acash allowance of $300 per month or pay into the employee’s deferred compensation plan (a planadministered by the City) $300 per month. If the employee wants to have all or a portion of thedeferred compensation payment to be credited towards the dependent coverage cost, then theremaining balance, if any, shall be credited to the employee’s defened compensation account. To be eligible for this “opt out bcnefit” payment, the employee must provide proof, as detennined by the City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to thcPERS health plan rules.Physical Exams. The City may authorize annual physical examinations for all coveredemployees. The City shall pay the costs of any such examination not covered by the Employee’shealth insurance. 22 SEIU AVALON HARBOR EMPLOYEES

HARBOR SAFETY AND SECURITY
Prior to December 31, 2022, the two parties will continue to meet, confer and determine the viability and impact of the following:
• Amending the City of Avalon Municipal Code to codify the Harbor Patrol Officer classification changes to peace officer consistent with Penal Code Section 832 and830.33(b). • Furthermore, if the Patties mutually agree on including these classification changes in the MOU, it shall amended to the Avalon Municipal Code and added to the city website.

HARBOR CLASSIFICATION
Prior to December31, 2022, the two parties will continue to meet and confer and make steps toward the viability and impact and come to a conclusion on or before the end of 2022 on the following:

The City of Avalon will re-evaluate and amend Harbor Patrol Officer II qualifications andpromotion upon achievement of qualifications (excluding Management discretion).

EXECUTION
On the day of
2022, this MOU was ratified by a majority vote of the
employees who are in the classifications set forth in this MOU and represented by the Union.

On the
day of
2022, this MOU was approved by a majority vote of the
Council for the City of Avalon.

APPROVED this day of 2022:

On behalf of the City of Avalon: On behalf of SEIU Local 721:David M. Maistros, City Manager Jesus Garcia, SEIU Local 721Matthew Baker, Finance Director Martin Saldana, Employee Rep.

Stephanie Campbell, HR Paul Sanchez, Employee Rep.

Michael Brooks, Employee Rep.Ray Boyd, Employee Rep.
23 City of Avalon
Master Classification and Salary Schedule
Safety - Harbor
Proposed June 1, 2022 4.55% 2M0% 2.00%
Period Step 5 I Step 6
5tep 6 Step 8
Stçp I Step
Safety Training Officer
Harbor Patrol Officer I NE 30 Hourly 30 72 32 26 3387 35 56 37 34 38 09 3885 3963 Si-weekly 2,458 2,581 2,710 2,845 2,987 3,047 3,108 31701 Monthly 5,325 5,591 5,871 6,164 6,472 6,602 6,734 6,869 Annual 63,898 67,093 70,448 73,970 77,669 79,222 80,807 82,423 F ‘ -
____ ç —
Harbor Patrol Officer II L NE 36 Hourly 35.63 37.41 3928 41.24 43.30 — 4417 45.05 45.95 Bi-weekly 2,850 2,993 3,142 3,299 3,464 3,534 3,604 3,676 Monthly 6175 6484 6808 7 14W 7 506j7 656 7809 7965
Annual 74,102 77,808 81,698 85,783 90,072T91 873 93,711 95,585 t&i1U_- ,___g ar irr’’LflW
Harbor Patrol Supervisor 45 Hourly e 4449 4672 ‘Y 4905 51 51 5408 5516 4% 5627 5739 Bi-weekly 3,559 3,737 3,924 4,120 4,326 4,413 4,501 4,591 Monthly 7712 8098 8502 8928 9374 9561 9753 9948
Annual 92,544 97,171 102,029 107,131 112,487 114,737 117,032 119,373 4Th ¶Wrw‘ta —
Hourly ‘‘35.63 27.41 39.28 41.24 43.30 44.17 45.05 ‘45.95 Bi-weekly 2,850 2,993 3,142 3,299 3,464 3,534 3,604 3,676 Monthly 6,175 6,484 6,808 7,149 - — 7,506 7,656 -7,809 7,965 Annual ‘74102 77808 81698 85783 90072 91873 93711 95585,j

Page 1 of 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND
THE SERVICE EMPLOYEES INTERNATIONAL UNION 721 —

AVALON MUNICIPAL EMPLOYEE UNIT
EFFECTIVE JULY 1,2022 THROUGH JUNE 30, 2025
WHEREAS, the Avalon Municipal Employee Association (AMEA) is a recognized employees organization representing employees in the classification of Administrative Analyst(Clerical), Administrative Assistant (Clerical), Accountant (Clerical), Accounting Technician I, II, III (Clerical), Code Enforcement Officer (Non-Clerical) Equipment Mechanic (Non-Clerical), Harbor Maintenance Worker I, II, III (Non-Clerical): Human Resources Technician (Clerical),Maintenance Leadworker (Nan-Clerical). Maintenance Worker 1,11 and Ill (Non-Clerical), Parking Control/Maintenance (Non-Clerical), Planning Technician (Clerical), Recreation Coordinator (Non-Clerical), Recreation Leader (Non-Clerical), Senior Administrative Assistant (Clerical), andSenior Equipment Mechanic (Non-Clerical); and WHEREAS, the City requested and AMEA agreed to open contract negotiations in February 2022; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditionsof employment contained in the MOU; and WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and AMEA on July 16, 2019; and WHEREAS, the COVID-19 pandemic caused the City to face a significant and real financial emergency; and
WHEREAS, the MOU article “Exclusive City Rights and Authority,” provides the City with the ability “to take any and all necessary action to carry out the mission of the City in emergencies”; and
WHEREAS, the City Manager used this authority to amend existing MOUs in order to realize significant cost savings for the City’s general fund; and WHEREAS, the emergency modifications to the MOU were adopted on August 3, 2020 and made effective until June 30, 2022; and
WHEREAS, the Service Employees International Union 721(SEIU) submitted a petition on behalf of the AMEA on April 4, 2022 indicating the AMEA’s intention to unionize; and WHEREAS, on May 9, 2022 an election was held by mail among the employees in the AMEA to determine whether or not the employees in that unit desired to be represented by SEIU; and
WHEREAS, on June 6, 2022 the election concluded and AMEA was formally disbanded and became the SEIU 721 — Avalon Municipal Employee Unit; and WHEREAS, the City Manager continued to meet and confer with SEIU 721 — Avalon Municipal Employee Unit Representative and new MOU provisions were negotiated; and WHEREAS, the new MOU provisions restore the benefits rescinded on August 4, 2020; and
WHEREAS, the SEIU 721 — Avalon Municipal Employee Unit and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City ofAvalon and SEIU 721 —Avalon Municipal Employee Unit, a copy of which accompanies this City Council item and is incorporated byreference herein; and BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU;and BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement theprovisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 19th day of July, 2022, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
SEIU AVALON MUNICIPAL EMPLOYEE’S

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND
THE AVALON MUNICIPAL EMPLOYEE’S
July 1, 2022 — June 30, 2025
0 SEIU AVALON MUNICIPAL EMPLOYEE’S
PURPOSE 3
NON-DISCRIMINATION 3FULL UNDERSTANDING, MODIFICATION, AND WAIVER 3MUTUAL RECOMMENDATION 4 PLEDGE OF COOPERATION 4
EXCLUSIVE CITY RIGHTS AND AUTHORITY 4RECOGNITION/UNION MEMBERSHIP S PERSONNEL RULES AND REGULATIONS 6LAYOFFS AND SEPARATIONS 6 SECTION12SPLAN 7
PEACEFUL PERFORMANCE OF SERVICES 7
HEALTH AND SAFETY 7
SAVINGS CLAUSE 8
DURATION OF AGREEMENT 8
UNION CONSIDERATIONS 8PARITY 9
DUES DEDUCTIONS/COPE 9RETIREMENT 10
ALLOWANCES 12
SPECIAL PAY 13
SEIU AVALON MUNICIPAL EMPLOYEE’S
“STAND-BY” ALLOWANCE 13
ON CALL ALLOWANCE 13CALL BACKS 14
HEALTH CARE 14
OVERTIME 15LONGEVITY PAY 16SALARY 17COST OF LIVING 17VACATION AND SICK LEAVE 17WORKSCHEDULE 20ALTERNATE WORK SCHEDULE 20 HOLIDAYS 20GRIEVANCE PROCEDURE 21CATASTROPHIC LEAVE 23CODE ENFORCEMENT, SAFETY & SECURITY 24EXECUTION 25WAGE SCHEDULES Appendix A 2 SEIU AVALON MUNICIPAL EMPLOYEE’S

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as “MOU” and “Agreement”) to promote and provide for harmonious relations, cooperation and understandingbetween the City of Avalon (referred to hereinafter as “Employer” or “City”) and the Service Employees International Union, Local 721 (referred to hereinafter as “Union”) and the employees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages,hours and other terms and conditions of employment of the employee cover hereby.

NON-DISCRIMINATION
The City and Union recognize the right of the employees to form, join or participate in lawfulactivities of employee organizations and the equal alternative right of employees to reftise to form. join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Union in any manner which is unlawfulpursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.

The City and the Union agree that no employee will be promoted. demoted, transferred. by-passed fbr promotion. disciplined, or discharged or in any way discriminated against because of race. color, sex, age. national origin, disability, veteran status, marital status, mental or physicaldisability’, sexual orientation, medical condition, political or religious opinions or affiliations. TheCity and the Union shall reopen any provision of this Agreement for the puipose of complying with any final order of thc federal or state agency or court of competent jurisdiction requiring amodification or change in any’ provision of this Agreement in compliance with state or federal anti— discrimination laws. Equal employment opportunity will be extended to all persons in all aspectsof the employer-employee relationship, including recruitment. hiring, upgrading. training. promotion. transfer, discipline, layoff, recall. and termination.

Whenever the masculine gender is used in this Memorandum of Understanding. it shall beunderstood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by thc parties, whether formal orinformal, regarding any such matters contained in this MOU are hereby’ superseded or terminatedin their entirety.Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not he binding upon the parties hereto unless made and executed in writing by all parties hereto, and approved and implemented by Avalon’s City Council. 3 SEIU AVALON MUNICIPAL EMPLOYEE’S
The waiver of any breach, term or condition of this Memorandum of Understanding by either partyshall not constitute a precedent in the future enforcement of all its terms and provisions.

For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to he submitted to the Avalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not he binding in who]e or in pail unless and until it is ratified by the membersiemployees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would he in the best interest of both the Union,employees and City. in the long run, are largely’ identical and all parties will benefit from acontinuous, peaceful relationship and intelligent, constructive efforts to resolve any differences that may arise.The City and the Union have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City’s citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management asallowed by law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to. the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts hich are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.
h. Methods of financing.

F. Types of equipment or technology to be used.

G. To detennine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to he used in carrying out all City ftinclinns including, but notlimited to, the right to contract for or sub-contract any work or operation.

I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will 4 SEIU AVALON MUNICIPAL EMPLOYEE’S
employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.L, To establish and modify productivity and performance programs and standards.

M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City’s Personnel Rules and Regulations.

N, To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are flillowed, to create new classification positions, and/or salary ranges as needed, and’or to underfill any allocated position.

0. To hire. transfer, promote and demote employees for non-disciplinary reasons in accordance with the CitVs Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

U. Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not he required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law.

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of Law. whenever the contemplated exercise of managements rights shall impact on a significant number of employees of the bargaining unit, the Cityagrees to meet and confer with the Union on all matters relating to employment conditions and employer-employee relations including wages, hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Undcrslanding. Nothing in this Article is intended to modify the City’s obligations under the Meyers-Milias Brown Act.

RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 etseq. as the exclusive bargaining representative for alL employees employed by the City in the job classifications set forth below.

General Unit:

Administrative Analyst (Clerical)

2. Administrative Assistant (Clerical)

3. Accountant (Clerical)

4. Accounting Technician I, II. Ill (Clerical)
5 SEW AVALON MUNICIPAL EMPLOYEE’S

5. Code Enforcement Officer (Non-Clerical)

6. Equipment Mechanic (Non-Clerical)7. Harbor Maintenance Worker I. II. ITT (Non-Clerical)8. Human Resources Technician (Clerical)

9. Maintenance [eadworker (Non-Clerical)

10. Maintenance Worker I. II and Ill (Non-Clerical)

11. Parking Control/Maintenance (Non-Clerical)

12. Planning Technician (Clerical)

13. Recreation Coordinator (Non-Clerical)

14. Recreation Leader (Non-Clerical)15. Senior Administrative Assistant (Clerical)

16. Senior Equipment Mechanic (Non-Clerical)
This MOU only covers city employees that are in a fill-time position who are represented by the Union unless otherwise specifically set forth herein.

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules. policies, practices and benefits, generally contained in the “City of Avalon’s Personnel Rules and Regulations.” as amendcd thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by’ this Agreement. unlessand until modified by mutual agreement of the parties and enacted by the Avalon City council. if necessary’, in accordance with state laws, orders, regulations. official instructions or policies.

Where the terms of the City of Avalon’s Personnel Rules and Regulations and this Memorandum of Understanding are in conflict, the terms of this N4OU shall prevail.

LAYOFFS AND SEPARATIONS
Shall be conducted in accordance with the City’s Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within their bargaining unit, where the affected employee once had regular status, according to seniority.

Recall from layoff shall he in direct order of seniority within the family of jobs. Temporary. provisional, and probationary employees shall he called back to work after regular employees in a previously held status within their bargaining unit. covered by this agreement. Employees in goodstanding with their performance may be reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary- period of six (6) months.

Examination may he waived and take precedent over established lists for remstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a foner employee, and only providing theemployee was in good standing in the performance of assigned job duties at the time of layoffishould he or she desire not to do so. Appointment shall othenvise be in the manner as for original 6 SEIU AVALON MUNICIPAL EMPLOYEE’S
employment based on qualifications to determine the most highly qualified individual for the position and shall he based on merit and ability. Upon reinstatement, any employee so appointedshall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Personnel Officer/City Manager when deemed necessary orconvenient as a result of substantial changes in duties or organization. abolition of position. shortages of work hinds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.

PEACEFUL PERFORMANCE OF SERVICES
The Union, its officers, agents, representatives and/or members agree that during the term of this Agreement. they will not cause or condone any strike (including sympathy strikes), walkout.slowdown. sickout or any other job action or stoppage of work by withholding or reffising to perform services by Union employees during the life of this Memorandum of Understanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. The tenn “lockout” is hereby defined so as not to include the discharge, suspension. termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any ol’the provisions of this Agreement or applicable ordinance or law.

Any employee who participates in any conduct prohibited as described above may be subject to tcrmination by the City.

HEALTH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safetyand Health and endeavor to provide a safe and healthful work environment. Likewise, it is theduty of each employee to comply with all health and safety regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.The City is committed to promoting a drug-free workplace to ensure that employees involved in safety sensitive transportation activities avoid problems created by the use of controlled substances and alcohol, The City of Avalon is legally required to enforce Federal DOT regulations and implement controlled substance and alcohol testing for employees who require a commercialdriver’s license, including testing requirements and consequences to employees ‘ho have been found to use controlled substances and alcohol as outlined in this policy. In the event of such situations, the City shall make notification(s) to the appropriate agency regarding the employee’s situation unless there exists a specific health or safety need, or by regulation or other extenuating 7 SEIU AVALON MUNICIPAL EMPLOYEE’S
circumstance. All employees of the City are subject to pre-employment, random, reasonablesuspicion/cause, post-accident, return-to-duty and follow-up controlled substance and/or alcoholtesting and may be subject to disciplinary action for cause in accordance with the Policy.Shall the Union and the City mutually agree to reopen negotiations regarding this specific Article,both patties agree to limit the negotiations solely to this Article.

SAVINGS CLAUSE
Ft is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in thc Agreement is held or found to he in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidityshall not affect the remaining Article of this Agreement. In the event that any provision shall beheld unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall he in effect from the date of its ratification until 12 o’clock midnight on June 30, 2025.In the event either party hereto desires to ncgotiatc the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the tennination date of this Agreement, its written request to commence negotiations, and. to the extent reasonably possible. its full and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later than sixty (60) days prior to the termination date of this Agreement.

UNION CONSIDERATIONS
City employees who are official representatives of the Union shall be given ieasonable time off with pay to attend meetings with management representatives, or to be present at hearings wherematters within the scope of representation or grievanccs are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of Cityservices as determined by the City. Such employee representatives shall submit a written request for absence to their respective Department Heads, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employeesexcused for such purposes shall not exceed two (2).

Reasonable access to employee work locations shall be granted to officers of the Union as theirofficially designated representatives for the purpose of conducting business within the scope ofrepresentation. In the event an outside business agent or legal representative need be present, the Union shall provide the City with advanced notice. It is agreed that the Union representative(s) are pennitted to conduct Union business during working hours and may use City facilitiesaccessible to the public provided that such activity does not interfere with the normal operations of the department or with established safety or security requirements. An employee is entitled to S
SEIU AVALON MUNICIPAL EMPLOYEE’S
representation in the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Union may he represented by the Union.

The grievant(s) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.

Except in case of emergency, reasonable advance written notice shall be given to the Union ofany ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity tomeet with such body prior to adoption. In case of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior noticeor meeting with the Union , the City shall provide such notice and opportunity to meet at theearliest practical time following the adoption of such ordinance, rule, resolution or regulation.

PARITY
Parity as it relates to cost of living increases and healthcare benefits shall remain the same between the IAFF, SEIU-Harbor Employees and SEIU-Municipal Employees.

DUES DEDUCTIONS
The City agrees to deduct the current regular Union dues and contributions to registered political action committees, each payroll period and remit such deductions once each payroll period to the Union within seven (7) working days following the end of the payroll period, in accordance with Government Code § 1157.3, 1157.10 & 1157.12. The Union will notify the City, in writing, ten (10) working days prior to any change in the regular Union dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor arty request of this nature other than for Union dues. Deduction of dues will he made by the City whenother payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorized deduction report from the Union, which lists the employees for whom theUnion has and will maintain a dues deduction authorization.

If the City receives any request from a bargaining unit employee to revoke or change an authorized deduction. the City must direct the request to the Union.The City agree’ to provide to bargaining unit employees, at the time of hire, Dues Deductions Authorization fonus supplied to the City’ by the Union.

Each pay period, the Employer shall send to the Union a list of all employees in the bargaining unit including; each employee’s first name. middle initial, last name; employee identification number; residential address; worksite address and specific work location (if different from worksite address); work and personal email address (if available); work phone number; personal cell phone number (if available); employee hire date; employee job classification; employment status (cx: active, unpaid leave of absence, etc.); work status (cx: hall time, part time, hourly, seasonal, etc.); annual base salary amount; base salary earned per pay period; hourly rate; salary 9 SEIU AVALON MUNICIPAL EMPLOYEE’S
step (if applicable): and total hours worked in the pay period. This information shafl be sent inExcel format to duesaseiu72 1 .ora.

Each pay period, the Union shall provide the employer with an “authorized deduction report’ which includes bargaining unit members who have authorized the deduction of Union dues. COPEamounts and other deductions and the deduction amounts.

The Employer shall make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to the Union via Electronic Funds Transfer (FF1) within five(5) business days of each payday. The Employer shall also provide the breakdown of each amount remitted (i.e. Dues, COPE, Supplementary Benefits, etc.) in Excel format to duesiiseiu721.org within five (5) business days of each payday.Committee on Political Education (COPE) Employees may make voluntary contributions to the Union’s registered political action committees. The employer shall make the deduction of the voluntary contributions in the same manner as the dues deduction process.

Every pay period the Union will notify! the employer with a list of employees and the appropriate deduction amount on the “authorized dcduction report” of the employees who have signed anauthorization for the COPE deduction.

Employees may discontinue voluntary political deductions by providing notice of canccllation to the Union and the Union shall transmit such noticc of cancellation to the Employers by the next full pay period cycle.

RETIREMENT
CaIPERS Contribution:

Any employee hired after January 1., 2013 and who meets the definition of a “new member” as defined y! Government Code section 7522.04(f) will he required to pay 50% of the “normal cost”of the defined benefit, rounded to the nearest quarter of 1 percent. or the current contribution rateof similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee’s contribution to PERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay thc employee’s share of the contribution (EPMC) to hind a portion of the costof the 2° bat age 62 retirement fonnula an amount equal to 8% of compensation earnable on a pre tax basis for safety, as specified in Government Code Section 20516.5(f). Retirees vi11 be eligibleto begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.
10 SEIU AVALON MUNICIPAL EMPLOYEE’S
Any employee who established CaIPERS membership prior to January 1, 2013 who is already vested after having paid the employee’s contribution to PERS for the first five (5) years ofcontinuous service, will be required to pay the employee’s share of the contribution (EPMC) to fund a portion of the cost of the 2% at 55 retirement formula an amount equal to 8% ofcompensation earnable on a prc-tax basis, in accordance with Section 20516(f). Effective January

1. 2018, the employee’s pre-tax contribution pursuant to Section 20516(f) shall be increased such that the employee tvill be required to contribute a full 8% of pay for miscellaneous members, as specified in Government Code section 20516.5. Retirees will be eligible to begin receivingretirement benefits once they are deemed qualified in accordance with the PERS retirementsystem Retirement Calculations:

Tier 1- 36 Consecutive Months - For employees hired prior to December 31. 2012 and in accordance with the City’s contract with CaIPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.Tier 11 - l’hree (3) highest year average - For employccs hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutiveyears of employment) shall apply to safety members.Retirement Formula:

Tier I — 2% at 55 — All employees covered under this provision of this MOU hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 55).

Tier II — 2% at 62 - All employees covered under this provision of this MOU hired on or after January 1. 2013 shall have their final pcrcentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 7522.20 of the Public Employecs Retirement Law (2% at 62) based on Article 4. California Public Employee’s Pcnsion Reforir Act of 2013.Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee’s Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided. however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City’ would have made with respect to that period of service.

Post Retirement Survivor Allowance: Putsuant to the provisions of Section 21624 and 21626 of the Public Employee’s Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.
11 SEIU AVALON MUNICIPAL EMPLOYEE’S
Retiree Medical: All employees (full-time and part-time) hired on or before July 1, 2022 that retire after twenty (20) or more years’ of fill-time service with the City shall have the same medical,dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared tocunent active employees enrolled in the PORAC plan for eligible employees and PERS Choice Blue Cross plan for Misc, and Safety Employees. Once a qualified retiree as set forth hereinbecomes eligible for Medicare the City shall reimburse for the CaIPERS supplemental medical premium for employee only coverage.

Distributions for qualified Health, and Long-term Care Premiums: Retired or disabled public safety officers may elect to have a maximum of $3,000 per year subtracted from their 457 plan distributions and sent directly to a health or long term care provider to pay premiums. A retiredor disabled public safety officer may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment. the retired or disabled public officers must make this election on their federal income tax returns.

ALLOWANCES
Uniform Allowance: Employees required in the course of their duties to wear specific standard uniforms will he provided uniforms by the City, from the approved uniform list valued at onethousand one hundred dollars (51.100.00) annually, and includes safety boots and protectiveeyewear. Other items may be selected by the employee, and may include sunglasses, with the Department Head’s approval. Uniforms shall be purchased by the City in July of each year.

Employees that leave City’ service shall return their uniforms to the City on their tinal day of employment. Footwear purchased must comply with standards established by Cal-OSI-IA. Allemployees shall come to work in clean uniforms each day. agree to the establishment of a specific uniform standard, and agree to abide by this standard once adopted. on a year-round basis. Itemsnot deemed necessary to personal health and safety will be subject to CALPers and will be reportedto CALPers as special compensation for “Classic’ or “Tier I” employees.

Laundry Allowance: Full-time employees shall receive a laundry allowance for clothing maintenance and cleaning of three hundred dollars (5300.00) per year. This three hundred dollars(5300.00) shall he paid on the last payroll of the calendar year.

Foul Weather Gear: Employees required to work in foul weather shall be issued new foul weather gear as needed. The determination of whether or not replacement foul weather gear, in the interim, shall rest with the department head.

Cell Phone Reimbursement: In accordance with the City’s Mobile Device Policy, employeeswhose job duties include the regular, frequent or ongoing need for a device may receive compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form ofa monthly Stipend to cover City business-related costs (Option I). or may be issued a City-ownedmobile device (Option 2), up to the City allowable maximums and with approval in accordance with policy.
12 SEIU AVALON MUNICIPAL EMPLOYEE’S
Education Reimbursement: Each Department will be allocated $5,000 each year to reimburseemployees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 5O°/o reimbursement on actual costs oftuition, hooks, lab fees or other student expenses. Eligibility for tuition reimbursement will be atthe Department Head’s and E’ity Manager’s discretion. Employees must have been employed hilltime at the City of Avalon for a minimum of one year to be eligible for reimbursement. The employee will he required to maintain employment after reimbursement for a minimum of two years. Ihc cmployee shall be reimbursed for actual costs (not to exceed 50%) of tuition, books. lab fees or other student expenses only upon completion of courses with a grade of”B” or better, or successful completion of courses that do not assign grades. Proof of satisfactory coursecompletion and payment must be provided prior to reimbursement All course work must be completed during the employees regularly scheduled time offTravel Reimbursement: On a semi-annual basis, employees may receive reimbursement for one subsidized cross-channel commuter hook provided by the Catalina Express. Upon submission ofa valid receipt, employees will receive reimbursement by separate cheek. Employees must havebeen employed full-time at the City of Avalon for a minimum of one year to be eligible for reimbursement.In lieu of a travel reimbursement, employees may opt to receive a one-time contribution of $180to their 457 fund annually in the month of December. Receipt of the one-time contribution would preclude the employee from receiving a travel reimbursement until the following year.

SPECIAL PAY
Per the negotiations of this MOU. the SEIU-Municipal Employees have elected not to receiveBilingual Pay. “STAND-BY” ALLOWANCE
The Department Head or his designee shall designate employees that are on standby for a period to he determined immediately following their shift. An employee perfonning standby shall receive a minimum of two (2) hours overtime pay for being placed Employees perfonning on standby shall remain on duty until released by the Department Head or his designee.

ON CALL ALLOWANCE
The Department Supervisor or his designee shall designate employees that are on call for a period of eight (8) hours in any one day. An off duty employee that has been designated for on call duty shall arrange their schedule of personal activities so the employee can be contacted within ten (10) minutes via pager, radio or telephone and can respond to an emergency request within thirty (30)minutes ofnotilication. An employee performing on-call duty shall receive a minimum of two (2) hours overtime pay for every eight (8) hours on call or standby. On call or standby duty compensation shall cease when the employee reports to work at which time employee shall becompensated at their regular rate of pay for all hours worked in accordance with the Fair Labor 13 SEIU AVALON MUNICIPAL EMPLOYEE’S
Standards Act (ELSA) law and overtime rules. Employees performing on-call duty or on standby shall remain on duty until released by the Department Supervisor or his designee.

CAll BACKS
A call hack occurs when a covered employee has worked a complete shift and is requested to returnprior to his or her next scheduled shift, usually but not necessarily due to alt emergency situation.

In such situations, the employee shall receive a minimum of two (2) hours pay at the overtime rate of 1 1/2 times the hourly rate of pay if the time worked is less than two (2) hours, and overtime pay on a per hour basis for time worked beyond the two (2) hour minimum. Exempt employees are not eligible for call-back pay.

HEALTH CARE
Health Insurance. The City shall pay-the cost of employe& health insurance premiums. as well as spouseiregistered domestic partner insurance costs, except that the maximum amount paid by theCity shall be no more than S 1,600.00 for a family rate up to the City paid maximum, as definedbelow.

The following monthly City maximum contribution benefits shall apply effective January 1, 2019:

Full-time employees hired before December 31, 2015:
*Citv
Status Maximum
Employee Only 5777.99
Employee + I SI ,283.2 1Employee + Family Sl.600.00
Full-time employees hired after January 1. 2016:
*City
Status Maximum
Employee Only $667.69
Employee + I $1,171.91Employee + Family $1,501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the costof the premium not covered by the City Maximum or the minimum contribution (Employeeminimum) as stated above, whichever is higher. 14 SEIU AVALON MUNICIPAL EMPLOYEE’S
Once a covered dependent is no longer eligible because of age limitations in the policies ordeceascd, said coverage shall cease. Dependent is defined as spouse or child who meets the criteriaset forth by the medical insurance provider.Dental Bencfits: The City shall continue to pay 100% of the employee and eligible dependent’sdental coverage. Once a covered dependent is no longer eligible because of age limitations in thepolicies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meetsthe criteria set forth by the medical insurance provider.Life Insurancc: The City shall pay one hundred percent (100%) of the premium for a term lifeinsurance policy for each eligible employee which shall be based upon a formula of one times theemployee’s annual salary rounded up to the nearest thousand dollars, up to a maximum City paidcoverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This group term insurance is on a non-paiticipating basis, with option to convert coverage upon termination of employment. Payment of benefits is subject to all the provisions of the master policy. Thisbenefit replaces any other life insurance coverage.Vision Benefits: The City’s contribution for vision insurance shall be 100% employer-paid forfamily coverage for the term of this MOU. Once a covered dependent is no longer eligible becauseof age limitations in the policies or deceased, said coverage shall cease. Dependent is defined asspouse or child who meets the criteria set forth by the medical insurance provider.Opt Out Benefit: An employee cannot be enrolled in the City’s dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, anemployee may choose to not be enrolled in the City’s dental, vision or PERS health plan. In sucheases, the City, after determining that a minimum amount of health coverage is provided to theemployee (by their spouse or other coverage), shall pay an employee that has waived coverage acash allowance of $300 per month or pay into the employee’s deferred compensation plan (a planadministered by the City) $300 per month. If the employee wants to have all or a portion of thedeferred compensation payment to be credited towards the dependent coverage cost, then theremaining balance, if any, shall be credited to the employee’s deferred compensation account. Tohe eligible for this “opt out benefit” payment, the employee must provide proof as determined bythe City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to thePERS health plan rules.

Physical Exams. The City may authorize annual physical examinations for all covered employees.The City shall pay the costs of any such examination not covered by the Employee’s health insurance.

OVERTIME
The standard workweek shall be forty (40) hours each workweek. However, all employees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of 15 SEIU AVALON MUNICIPAL EMPLOYEE’S
said employees. In determining overtime, vacation and paid holidays taken during the week shallhe considered as hours worked. Any other leaves of absence shall not be considered as hoursworked for the purpose of calculating overtime. Overtime shall be paid at the rate of time and onehalf(l 1/2) for all hours worked over forty (40) in the workweek as defined above.

If mutually agreed to by the employee, and the Department I-lead approves in writing of the accumulation, the employee may receive “comp time” as time off with pay in lieu of overtime pay for regularly scheduled or inegular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated comp time off shall be reasonably honored, taking into consideration the needs of the department.Compensatory time must he accumulated consistent with the provisions of this MOL, with theemployee earning one and one-half(1 1:2) hours compensatory time off 11w each hour of overtime worked. Comp Time accumulation shall not exceed at any time two hundred and forty (240) hoursannually and may only cany forward up to 80 hours of comp time into the next year. Upon apromotional appointment or change in classification employees must cash out any accrued comptime at the rate accrued in the previous classification. Payouts shall be made annually by December 31st of each year.

LONGEVITY PAY
Employees shall, upon completion often (10) or more continuous and uninterrupted years’ service. be eligible for longevity pay on an employee’s lOhhl anniversary. The Longevity increase will occur in the pay period following the date of eligibility. as follows:

Years of Service Completed Percentage of Base Salary
10 years through 14 years 3%
15 years through 19 years an additional 3% (6% total)
20 years an additional 3% (9% total)
Public Agency Longevity Pay is compensation carnablc within the meaning of Section 20636 of the California Government Code and Section 57l(a)(l) of the CaIPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not beconsidered an intcn-uption of service.

In the event an employee ceases to be employed by the City for a reason other than military serviceor lay-off, all rights to longevity pay shall be forfeited and expire, and if said employee issubsequently re-employed by the City, said employee shall not he entitled to any longevity pay byreason of any prior employment. 16 SEIU AVALON MUNICIPAL EMPLOYEE’S

COST OF LIVING
Employer Paid Member Contributions (EPMC): Over the term of the 201 5-2018 MOU the City agreed to increase pay. by the same percentage of pay, for all CaIPERS Classic bargaining unit employees hired before January 1, 2013, to fund up to 12% of the employee’s share of thecontribution (EPMC) for their retirement in accordance with the Public Employee’s Pension Reform Act (PEPRA). Rather than highlighting this separate EPMC category. the City will establish two tiers of salary schedules for employees hired before December 31, 2012 (Tier I) and employees hired after January 1, 2013 (Tier 2) with the previously stated EPMC absorbedaccordingly.

Cost of Living Increases for Y-rated Employees: Y-rated employees, currently receivingcompensation above the total compensation market median shall remain Y-rated until theConsumer Price Index (CPI) for Urban Wage Earners in Los Angeles County shows a salary increase is warranted, During the term of the MOU, Y-rated employees will not bc eligible to rcceive the market study increase.

The City and three (3) members selected by the Union agree to mutually fonnulatc an agreed upon set of specifications and ternis for a Request for Proposal for a constiltant to perform amarket study to he conducted before the end of 2023. Prior to the receipt of the market study, the Employer and Union representatives shall meet and mutually decide how to apply the data reported in the study. At the time the study is completed, before the terms of the MOL expire,shall the City and Union mutually agree to reopen negotiations regarding this specific article. both parties agree to limit negotiations solely to this article. The City agrees to meet with theUnion and consider all proposals until which time the City- and Union agree to bring forth a Policy tbr Council adoption. The City and Union shall sign a side letter once there is an agreement on this item.

SALARY
Employees shall be compensated in accordance to the Wage Schedules attached hereto and incorporated herein.Any Employee that is currently in Steps shall be advanced to the next Step effective June 29, 2022, upon the ratification of this MOU. All subsequent Step advancements shall occur annually beginning with the first ftill pay period on or after July 1,2023 and each full pay period on or afterJuly 1 thereafter.

An annual Step advancement may not be denied unless the City’ identities serious concerns regarding employee performance. based on objective criteria set forth in annual Employee evaluations. The Employer shall make best cfihrts to complete Employee evaluations prior to April 30th. In the event an employee in Step I through 4 is denied an annual advancement to the next Step. the Employee, or Union, may initiate a Formal Grievance at the final step of the FommlGrievance Procedure (City Manager review). 17 SEIU AVALON MUNICIPAL EMPLOYEE’S
Employees presently in step 5 shall be compensated in accordance to newly created steps 6, 7, and 8 ofthe proposed Wage Schedule and Annual advancement to Steps 6 through 8 shalL he automatic. \ewly hired Employees shall be eligible to receive 50% of their next Step increase upon completion of their one (1) year probation and shall receive the balance of the Step increase at the first full pay period on or after July 1 and each year thereafter.Promoted Employees shall be eligible to receive 50% of their next Step increase uponcompletion of their six (6) months’ probation and shall receive the balance of the Step increase at the first full pay period on or after July 1 and each year thereafter.

VACATION AND SICK LEAVE
On December 15th of each year, both full time and pan-time employees may sell back to the City, at one-for-one cash out, a portion of his or her accumulated vacation or holiday time, up to amaximum of 12 vacation or holiday days combined up to a maximum of 228 hours per year to be paid at straight time.

Employees shall accrue vacation and holiday leaves according to thc following schedule:

Years of Service Completed Accrual Rate0 years thru 4 years 10 days (2 weeks) 5 years thru 9 years 15 days (3 weeks)
10 + years 20 days (4 weeks)
No vacation shall he taken for a period exceeding the maximum hours accumulated at any giventime. Vacation and sick leave only accrues when an employee is in a paid status and not when anemployee is on a Leave of Absence for more than thirty (30) days.

Employees may accrue up to a maxitnum of 480 hours (60 days) of vacation and holiday leave.

Employees that reach the 480 hours (60 days) maximum, shall cease to accrue vacation and holidayleave until they use such leave to bring the amount accrued below the maximum.

Vacation Leave Buy Downs: During the tenn of this MOU an employee may elect to contributethe value of all unused and’or already accumulated vacation pay in excess of 240 hours, into the City’s 457 plan. or to elect to receive a taxable cash distribution. The City shall cash out up to onehalf of this bank at 100% of its value on the last pay period of each quarter. Said distributions maynot exceed the nomal maximum allowed defenal limits as set forth by the IRS for the 457 plan.

An employee may accumulate a maximum of 60 work days (480 hours) of sick leave. If anemployee’s sick leave balance exceeds 720 hours, the employee shall cease earning sick leaveuntil the balance is 479 hours or less at the beginning of the next pay period. In 2026, an employee may elect to contribute the value of all unused and/or already accumulated sick leave pay in excess of 240 hours, into the City’s 457 plan, HSA, or to elect to receive a taxable cash distribution. The 18 SEIU AVALON MUNICIPAL EMPLOYEE’S
City shall cash out up to one half of this bank at 100% of its value on or before December 31, 2026.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and.’or the California Family Rights Act. or California Labor Code Section 233 (use of sick leave). Lsc of accrued sick leave shall be allowedfor the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child. An cmployee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee’s health care provider stating any duties the employee cannot perfonit and any restrictions or light duty requirements. In such events. FMLA and sick leave shall run concurrent. Employees requesting sick leave shall notify- their immediatesupervisor or department head prior to the time set for reporting to work. Sick leave with pay shallnot be allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may he used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period ofrecovery therefrom, to be determined in accordance with written reports from the employee’s physician, specifying the expected date of delivery and thedate that the employee should cease work. In no event shall an employee return to work afierpregnancy prior to a date fixed by the physician in a signed statement that she is physically able toperform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.

Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partnerofthe employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement ofa licensed physician whenever an employee misses work due to an illness. injury or disability. The Department Head or Personnel Officer may require a written statementfrom the attending physician or dentist, or a physician or dentist to whom the department head orPersonnel Officer directs the employee to report. to establish that the employee is or wasincapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and beexamined by, that the employee is capable of and released to return to the perfonnance of all ofthe duties of his position. The physician’s statement must verify than an injury- or disability existsor existed, its beginning and ending date.s and!or the employee’s ability- to return to work without presenting an immediate and significant risk to his own health or safety, or the health and safety of others, and any other requirement in accordance with the City’s Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressivediscipline, up to and including termination. 19 SEIU AVALON MUNICIPAL EMPLOYEE’S
Management may not require doctor’s verification for sick leave of’ less than three (3) days unlesssick leave abuse is strongly suspected and reasonably demonstrated.

Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided othenvise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave in accordance with the following schedule:

Years of Service Balance Payable2-4 25 % of accrued and unused sick leave5-9 50% of accrued and unused sick leave 10± 75% of accrued and unused sick leave
When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued andunused sick leave, allocate an equal portion of such leave to each year of service, and determinethe highest hourly pay rates for each year of service.

WORK SCHEDULE
The City’s Department Supervisors will assign work and schedule employees in accordance withthe requirements, responsibilities and needs of the City. It is the purview of the Department Supervisor to determine the hours of work and change work schedules and assignments. Any changes to an employee’s work schedule, unless due to a state of emergency, will he provided tothe employee with a minimum of 24 hours’ notice.

ALTERNATE WORK SCHEDULE
Upon supervisor approval, employees may be permitted to work a “9/80” work schedule, wherethe employee alternates between a calendar week of four 9—hour days and a calendar week of four 9—hour days plus one 8—hour day. Upon approval of such a request, the City will adjust the start and end of the employee’s workweek (as opposed to calendar week) to begin and end at the 4—hour mark of the 8—hour day. The City shall further determine the actual days to be worked for any employee working a “9/80” schedule.

HOLIDAYS
Employees shall not be required to be in attendance on paid holidays. 20 SEIU AVALON MUNICIPAL EMPLOYEE’S
Paid holidays are authorized and observed as set forth in the City’s Personnel Rules and Regulations. During the term ofthis MOU, there shall be twelve (12) regularly scheduled holidays.

Holiday time shall constitute eight (8) hours paid at straight time.

Regular employees may take two (2) persona] “floating holidays” per fiscal year. Floating holidaysshall be scheduled with the approval of the employees immediate supervisor. These personalholidays shall be with pay. Personal holidays shall he used in the year accrued and may not beearned over to a subsequent year or paid off

GRIEVANCE PROCEDURE
A grievance shall he any matter for which appeal is not otherwise provided or prohibited.concerning:

I. A dispute ahoul the interpretation or application of this MOU and Personnel Rules and Regulations:

A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay — within one or two workdays of the event grieved. If, after this discussion, he/she does notbelieve the problem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisors immediate superior, if any, in the administrative service. Every effort should be made without delay to find anacceptable solution by informal means at the lowest possible level of supervision.

If the employee, or the Union, is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writingwithin ten (10) calendar days after receiving the informal decision of his/hersupervisor or the supervisor’s immediate superior on matters within the statutoryscope of representations.

B. Formal Grievance Procedure:

1. First level of Review: A grievance shall bc presented in writing to the employee’s immediate supervisor within ten (10) calendar days of the informalprocess decision or of the event giving rise to the grievance, whichever is later.

Thc supervisor shall render hisher decision and comments in writing and returnthem to the employee within ten (10) calendar days after receiving thegrievance. In the event that the super\ isor does not render a decision within the 10 days or within a mutually agreed upon extension of the timcline, the employee has the right to move the grievance up to the next level of review.

2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) calendardays after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timelinc, the employee has the right to move the grievance up to the next levelof review.

3. Department Review: The Department I-lead receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his 21 SEIU AVALON MUNICIPAL EMPLOYEE’S
representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. If theemployee, or the union, does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, he may present the appeal in writing to the City Manager. Failure of the employee to take furtheraction within twenty (20) days after receipt of the decision, or wit]iin a total of twenty (20) days if no decisions is rendered, will constitute withdrawal of the grievance.

4. City Manager: The City Manager or his/her designee should discuss the grievance with the employee, his/her representative, if any, and with otherappropriate persons. The City Manager may designate an “investigation committee.” or an officer not in the normal line of supervision, to advise him/her concerning the grievance. The appointing power shall render a decisionin writing to the employee within twenty (20) days after receiving the grievance.

C. Grievance Arbitration:

I. Within ten (10) working days of the receipt of the City Manager’s final decision, the Union may request arbitration by tiling a written request. The request for arbitration shall be in writing to the Department Head with a copysent to the Personnel Officer/City Manager.

2. If either the City or the Union so requests, the arbitrator shall hear the mcrits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance shall be conducted until the issue of arbitrability hasbeen decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days aftcr receipt of the employee’s request for arbitration. from the California State Mediation and Conciliation Service.

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon. the parties shall within five (5) days after receipt of the list of names alternately’ strike names from such list with the last remaining name to he the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

5. The City and the Union shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional. Both parties must agree if the certified court reporter is to beemployed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall beborne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, if either party declines the use ofa court reporter, the party requesting the court reporter shall pay the entirecost of employing the court reporter. a. If the Union cannot afford to pay the fees and expenses of the arbitration. the City’ may offer to provide a zero interest loan to the Union. Accumulated Union dues would pay down the loan monthly until the final balance is remitted.
22 SEIU AVALON MUNICIPAL EMPLOYEE’S

6. The arbitrator’s review is limited to the interpretation of this MOU and/or City’s Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within tlurty (30) working days ofthe close of the hearing or the submission of written briefs.

The decision of the arbitrator shall he final.

D. Conduct of Grievance Procedure:

I. The nine limits specified above may be cxtended to a definite date by mutual agreement of the employee and the reviewer concerned. Ifan employee receivesno response at a particular level, he/she may proceed to the next appropriate level of review,

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may he privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about presenting the grievance,

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

CATASTROPHIC LEAVE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicableaccrued paid time. An eligible family member includes the employee’s spouse, parent, child, sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and otherpersons residing in the employee’s household for whom there is a personal obligation.Catastrophic illness or injury is a serious non—work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employeehas exhausted their sick and vacation leave, as well as any compensatoi’y time off if employed in a nonexempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment. or physical or menial condilion that is present for a minimum of %even calendar day’s, and that involves:

LA period of incapacity or treatment connected with inpatient care (e.g., an overnight slay) in a hospital, hospice, or residential medical care facility; or 2 . A period of incapacity requiring absence of more than seven calendar days fi’om work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

3. A period of incapacity’ (or for treatment) due to a chronic serious health condition (e.g.. asthma, diabetes, epilepsy. etc.): or

4. A period of incapacity that is long-term due to a condition for which treatment may’ be ineffective (e.g.. stroke, terminal disease. etc.): or

5. An absence to receive multiple treatments (including any period of recovery therefi’om) either for restorative surgery afier an accident or other irjury. or for a chronic condition such as cancer orkidney disease. 23 SEIU AVALON MUNICIPAL EMPLOYEE’S
All medical conditions are considered to he confidential information, No details regarding personal medical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave,overtime, holiday, administrative leave. comp time, vacation), in a calendar year, to a City employee(s), when an employee or the employee’s family member has sutiered a catastrophic illness or injury.

11. ELIGIBILITY
A. The Personnel Officer (City Manager) must determine that the RECIPIENT:

1. is unable to work;

2. has exhausted all applicable accrued paid leave hours;3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA;

5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a “Request for Catastrophic Leave” form. (Eonn/o;’thcoming) B. A Personnel Officer (C’ity Manager) must detennine that the DONOR:

I. will donate no more than 40 hours in total donations in a calendar year;

2. will maintain a mininmm balance of 40 hours in their personal batik:

3. is donating in whole—hour increments: and

4. has completed a “Donation for Catastrophic Leave” form. (Eu,’,,, /onhco,ning) Notes:
• Once donated, hours cannot be returned to the donor.• Donations are exchanged for an hour-for-hour basis regardless of’ pay rate. • Donor participation will be confidential.• An employee who has applied to receive Worker’s Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

Code Enforcement SAFETY AND SECURITY ITAI
During the term of this MOU, the two parties will continue to meet, confer and determine the viability and impact of the following:

Amending the City of Avalon Municipal Code to codify code enforcement officer classification changes to peace officer consistent with Penal Code Section 832 (also known as public safety officer).

Furthermore, if the Parties mutually agree on including these classification changes in the MOU,it shall be amended to the Avalon Municipal Code and added to the city website. 24 SEIU AVALON MUNICIPAL EMPLOYEE’S

EXECUTION
On the day of
. 2022. this MOL was ratified by a majority vote of the employees who are in the classitications set forth in this MOL’ and represented by’ the Union.

On the
day of
2022, this MOU was approved by a majority vote of the
Council for the City of Avalon.

APPROVED this day of ,2022:

On behalf of the City of Avalon: On behalf of SEIU Local 721:

David M. Maistros. City Manager Jesus Garcia. SEIU Local 721 Matthew Baker, Finance Director Audra McDonald. Employee Rep.

Stephanie Campbell, HR Cheryl Allison, Employee Rep.

Jose Cuevas, Employee Rep.
25 City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired before January 1, 2013 (Tier I) Proposed July 6, 2022
Montn
Bi-week.y
y 4.76
Si-weekly 2524
sri ncrnLLrtr
NE Hourly 42721 28 57s 2999 3149 3307 350’
276 2.285 2.403 2.520 2.645 2,698 2.752 2.837

4.951 5.199 5.459 5732 - 5.847 5,964 6.083
Annua 56.599 59.417 62.388 6550? 68.783 70.158 71,562 72.993 NEntRW’ Hourly 3155 3313 3478 3552 3835 S12 fl’j4O7O
‘ 2,650 2,783 2.922 3,068 - 3,129 3.192 - 3,256
5,742 6,029 6,331 6.647 6,780’ 6,916 - 7,054

72.351 75,969 79,767 81,362 .
82M90 84,649

1. tJJ. L2S77
2233 2345 “72462 2585’rq ‘t27l4 ‘a824 2880
Si-weekly 1,786 1,876 1.969 2,068 2,171 2.215 2,259 2,304 Monthly 3,810 4,064 4,267 4,480 4,704 4,799 4,ä5 4.992
Annual 46,444 48,766 51,205 53,765 56,453 57,582 58,734 59,909 ltl lnrr tfl
E J”ffl’ Hourly 3234 3396 3565 3744 V 3931 flP’4i 7t’
‘: ‘ Si-weekly 2,587 2,716 2,852 2,995 3,145 3,208’ 3,272 3,337

5.605 5,886 6,180 6.489 6,813 6,950 7,089 - 7,231
Annual 67265 70628 74160 77868 81 761 63396 85064 86766 LeLr’L’fl
NE ‘‘ 25 Hourly T2789 2928 30”4 ‘tt’ 3228 ‘ 3390 3,flj4 S -weedy ‘ 2,231 ‘ 2,342 2,460 2,553 2,112 2.766 2.82 2.878 -
Monthly 4.834 5,075 5.329 5.595 5,875 5,993 ““‘6.113 6.235 Annual 58.002 60,903 63,948 67.145 10.502 71.92 73:351”’ 74,818 rm___________
3565 3744 3931 ‘909”’4O90 _17’
2,852 2.995 3.145 3.238 3,272 3.337
6,180 6.489 6,813 6,950 7,089 7,231

74.160 77,868 81,761 83.396 -- 85,964 - 86.766
Classification
Accountant
TlA
Accounting Technician II
-t —
NE 26 Hourly 2858 1Z73001 3151 3309 3474
Si-weekly 2,297 2,401 2,521 2,647 2,779 2,835 2,892 2.950 Monthly 4,954 5,202 5,462 5,735 6.022 6,143 6.265 6,391 , Annual 59,453 62,425 65.546 68,824 72,265 73,710 75.184 76,688 [1WtUitWUtTtIHi._ ‘ vs- lnr trv tnrtizr
Accounting Technicaanl NE ‘‘NourIy “ 2346 2463 ‘25 86 VZJ 16 4’r 2851 B weeKlj 1877 1971 2069 2173 2281 23r 2373 — 242’
Morlhly 4.366 4,270 4.483 4.137 4,343 504’ 5.142 ‘ 5,245 Annual 48.795 5235 53,797 56,487 59311 60,497 61,707 62,942 Accounting Technian III
Classification Title .j’.4’” ‘
::..v’ ltf —— —.——-—-.— ——
Administrative Analyst
Monthly 5,469
‘‘‘“‘
Annual 65,624 68,906
rttsuwuniwjj (Zjj-J lL1 —-
Administrative Assistant -_ - NE ‘ ‘Hourly
Classification TItle - -
ClassificatIon Title
‘tbäi Eiifórcéineht Officer
Classification 11tle4-c%
Code Enforcement Officer - Lead NE “flt”
Montn
Si-week;y
Hourly
y
Annua

32.34 -‘ 33.96

2.587 2.7’6

5.605 5.886

67.265 70.628

Page 1 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired before January 1,2013 (Tier 1) Proposed July 6, 2022
Equipment Mechanic
Classification Title
ClassifIcation Title
NE 19 Hourly 7i4r24OS
Ri-weekly - 1,924
Monthly
Clssiricatipn Titl
Fuel Dock Supervisor
25 25 2651 27 84 29 23 J$

2.020 2,121 2,227 2,338 2.3652.433 2,481
4,168 4.316 4,595 4,825 5,066 5,168 5.271 5.376
Annual 50.015 52.516 55.142 57,899 60.794 -62,010 63.250 64,515 I1T,r.

Fuel DockAttendant ‘- NE “t’Q’ 2 Hourly 1580 VE 1659 1742 1829 “ 1921 .3% ‘9S 203 Si-weekly 1.264 1,327 1,394 1,463 1.537 1,567 1.599 1,631 2,139 2,876 3,020 3.171 3.329 3,396 3.464 3,533
32870 34513 36239 38051 39953 40753 41568 42399
Step 2, [ Step
Annual
Monthly
NE’
lsTtitr. L11r1c’’—tiE”—LL2Lfl rr &
Hourly 2405 2525 2651 2784 2923
Si-weekly 1,924 2,020 2,121 2,227 2,338 2:385 2,423 2,481 Monthly 4,168 4,376 4,595 4,825 5,066 5,168 5,271 5376
50,015 52,516 55,142 57,899 60,794 62.010 . 63.250 64,515 Annual rmtT1lL- l2ltT. - jjr’i LIIJZfl ,
a
Garage Lead Worker NE Hourly r “ 2930 3076 3230 W 3392 3561 05, Ri-weekly 2,344 2,461 2,584 2,713 2,849 2.906 2.964 3,023 Monthly 5,078 5.332 5,599 5,879 6,173 6,296 - 6.422 6.550 Annual 60,939 63,986 67,185 70,544 74,072 75.553 77,064 78,605 LF’mini.mr ± la1 - ——
1-larbor Maintenance Worker I •‘‘NE ‘‘‘* Hourly
Classification Title .

Harbor Maintenance Worker II
Annual
Monthly
Si-wee-dy
Classification Title
Harbor Maintenance Worker lit
C ‘—C!&fl
2073 2177 2286 2400 2520 25.S722 %2
1,659 1,742 1,829 1,920 2.016 2,057 2,098 2140

3.594 3,774 3.962 4,161 4.369 4asê 4.545 4,636

43.128 45.284 47.549 49.926 52.422 53.471 . 54.540 - 55,631 Classification mb
‘p t, I p4.1.1. Li2JWLLJ2rLLP- Lfl
NE Hourly ‘ ‘i{ 2406 2525 -, 26 51 27 84 V 29 23
Bi-week.y 1,924 2.020 2.121 2.227 2.338 2.385 2.433 2,481 Montb:y ‘‘68 4.376 4,595 4.825 5.066 5,168 5.271 5,376
Annual 50.015 52.516 55,142 57,899 60.794 62.010 63.250 64,515 Harbor Sanitation Worker
I .r P S’I I —LaLLS t?as4rtaLSI&
NE ‘- Hourly 2789 2928 3074 3228 3390
S -weekly 2.231 2,3’2 2.460 2.583 2.712 2,766 2.821 2.878 - Morthly 4.834 5.075 5,329 5.595 5.875 5.993 6.113 6.235 An nual 58,X-2 60.903 63.948 67,145 70.502 71.912 13,351 - 74818 ala
NE Hours 1580 1659 ‘t 1742 ‘1829 192 495
Si-weekly 1,264 1,327 1,394 1,463 1,537 1,561 1,599 1,631 Monthly 2,739 2.876 3,020 3,171 3,329 3.396 —
3,464 —.3.533
Annual 32,870 34,513 36.239 38,051 39,953 40.753 41.568 42,399

Page 2 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired before January 1, 2013 (Tier 1) Proposed July 6. 2022
Human Resources Technician
Maintenance Worker I
tz1
‘ifla’
Maintenance Worker II
E2! }., TZ3fl315T
NE 17 Hourly 2289 2403 2523 2649 2782 2838 aW2894 2952
2,120 2,226 2,2702315 2,362
4,592 4.822 4,919- 5.017 5,117
55,109 57,865 59,022 60,202 61,406
,..,js a
2175 2283 2329 2376

1.740 1,827 - 1,863 1.900 - 1,938
3,769 3,958 4.037 4,118 - 4.200
45,231 47.492 48,442 49,411 50,399
- -ra a
2585 i5 2714 ,2768 2824 %,r2880
2,068 2,171 2,215 2,259 2,304
4,480 4,704 4.799 4,895 - - 4,992
53:765 56,453 57.582 58,734 59,909
‘--iMi:.

Maintenance Worker Ill
Worker
Step2-,,... JStepS
I—
NE 27
Si-weekly 1,831 1,923 2,019
Monthly 3,967 4,166 4.374
Annual 47,605 49,986 52,485
t...
- NE 9 - Hourly - ‘- - 18.78 19.72 --‘t 20.71
Bi-weekly 1,503 1,578 1,657
Monthly 3.256 3.419 3.590
Annual 39,072 41,026 43,077
‘. L1E I1’
Hourly 2233 2345 2462
Bi’weekiy 1.786 1.876 1.969

3.870 4,0641” 4,267
Annual 46,444 48, 51,205
a__ L—tu’
Hourly fl 2719 2998 3l48 3210 ‘ 32’7t 3340
Bi-weekly - 2.0722175C 2.284 1398 - - 2,518 2,568ff 1620 - - 2,672 Monthly 4,488 4,713 4,949 5,196 5,4565,565 5,676 5,790
Annual 53,861 56.554 59.382 62,351 65.468- 66,778 68,113 69,476 r
enr
Hourly 2930 3076 3230 3392 3561 3632 31t 3779
Bi’weekly 2.344 2.461 2.584 2,713 2.849 2.906 2.964 - -- 3023 Monthly 5,078 5,332 5,599 5,879 6,173 6.296 6,422 , 6.553 Annual

60.939 63,986 67,185 70,544 74,072 75553 77,064 78,605
. tt tEl fl
OfficeAssistant 57, NE T’IJ Hourly 1580 1659 1742 1829 1921 1959 1998 ‘ 2038 Bi’weekly 1,264 1.327 1.394 1.463 1.537 1.567 1,599 1.631 -— Monthly 2,739 2,876 3,020 3,171 3,329 3,396 3464 3.533 Annual 32,870 34,513 36,239 38,051 39,953 40,753 41,568 42,399 trr cn—
NE Ii Hourly - 19.74 20.72 21.76 22.85 - 23.99 24.47 24.96 Bi-weekly 1.579 1,658 1.741 1,828 1.919 1.957 1.997 2,037 Monthly 3,421 3.592 3.772 3,960 4.158 4.241 4.326 4.413 Annual 41,0501 43,102 45,258 47,520 49,896 50.894 51,912 52.950 or.txr..
q 1580 1659 1742 1829 1921 1959 1998 2038

1.264 1,327 1,394 1,463 1,537 1.567 1,599 — 1,631
2,739 2,876 3,020 3,171 3,329 3,396 3,46413,533
32,870 34,513 36,239 38,051 39,953 ,40,753 41.568 42,399 - -.

Annual
Monthly
Bi’weekly
Hourly

Page 3 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired before January 1,2013 (Tier 1) Proposed July 6, 2022
NFtThitwliTmtIllr- , lgr-n-C1WLfli L]LWu!tW* St
RecreaflonA.de
NE Hourly J1580 1659’ 742 1829 W1921 ,trfl’
- B-weekly - 1.264 1.327 1.394 1.463 1.537 1567 1,599 i.63 — - - —
- Morthly 2,739 2.876 3,020 3.171 3.329 3.3%
Aqijal 32.870 34.513 36239 38.051 39.963 40.753 41.568 42.399 la-f h C.flEnrtnr—,,. .

RecreationCoord’nator NE c’Hourly .E2465 2588 (rr2717 W2853 2996 - Bi-weeky t972 2.070 2.174 2.283 2.397 2.445 2494 2.543 n:bly 4.272 4.486 4.710 4.946 5.193 5.297 5.403 5.511
Annual 51,266 53.829 , 56.520 59.346 62,314 63,560 64.831 66.128 l11iF1 tLIrj tLw:.

Recreation Leader NE ‘t3S Hourly i$V 1660 1743’*4j 1830 • 1922 1% 2018 21 4Z Bi-weeky 1.328 1.395 1,464 1.538 1,614 1.647 1.583 1.713 , —— ,
Monthly 2.878 3.022 3.113 3.331 3.498 3.568 3.639 3,712 Ar’pual 3434 36261 38074 39977 41976 42816 43672 44545
lrMLjE.1*flflL1c1W1 tsr.

Senior Administrative Assistart NE fl Hourly 2589 27 2855 2998 31 48 t’ 32i’ 3340 Bi-weekly 2.072 2.175 2.284 2.398 2,518 2.568 - , - 2.620 2,672 Montn:y 4.488 4,713 4,949 5.1% 5,456 5,565 5,676 5.7
Annual 53.861 56554 59.382 62.351 65.468 66,778 68.113 69.476 L. 911lInft1W -- lk4
Senior Eqapment Mechanic NE Houry 27 89 2928 3074 3228 3390

2.231 2.342 2.460 2.583 2,712 2.766 - 2.821 2,878
Morlhly 4.834 5,375 5.329 5.595 5.875 - -5.993 -6.113 —— 6.235 - - Annual 58,32 60.3 63.948 67.145 70.502 71,912 - 73,351 74,816 L4Ffl’iItW1Irflhl rirrjwiinri&inninn tr—w”
Temp Help NE Hourly 1550 1659 ‘17 42 1829 1921 J9. 98 20 3j Bi-weekly 1,264 1.327 1.394 1.463 1.537 1.567 1.599 1,631 Monthly 2,739 2.876 3.020 3.171 3.329 3.396 3.464 3,533 Annual 32,870 34.513 36.239 38.051 39.953 - 40,753 41,568 —- 42.399 ClassificationTitte -t-’’, —
Classification Title -
Classification Title

Page 4 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired after January 1, 2013 (Tier 2) Proposed July 6, 2022
Mont’, y 5.458 I 5.731 6317 6.3 8 6.634 6.76’ 6.902 7.040 Annual 65,496 68771 72,209 75,819 79.610 81.203 82.827 84,483 , a-
Stew
NE 25 Hourly 2715 2851 2994 3143 ‘3300 3366 3434 3502
B-weekly 2.172 2,281 2,395r 2,515 — 2.640 — 2693 2.747 - 2.802 Morlhly 4,7X 4,942 5,189 5,448 5.721 5.835 5.952 - 6.071 Annual 56,477 59.301 62,266 65,379 65.648 7002’ 71,421 ‘. 72,850 ¶r- 1 —

31.49 33.% 34.72 36.45 38.27 39,04 ,4 Bi-weckly 2,519 2,645 2,777 2,916 3,062 3,123 3,186 3,249 Monthly 5,458 5.731 6,017 6,318 6,634 6,767 6,902 7,040 Annual 65,496 68,771 72,209 75,819 79,610 81,203 82,627 84,483 tionTitle
‘.LZ ‘E!iiC*’: LLJ-:

Accountant NE 26 Hourly 27 83 29 22 3GM 3222 3363 34 51 f35 2C “tD’35 90 h Ri-weekly 2,226 2.338 2,455 2,577 2,706 2,760 2.816 2,872 Monlhly 4,824 5.065 5,319 5,584 5,864 5,981 6iOl 6.223
Annual 57,889 60,783 63,822 67,013 70,364 . 71,771 73,207 74,671 -‘‘Z tinrtnn
AccountIng Technician NE 18 Hourly 22 84 2398 25 18 2644 2776 2832 ,L’28 89 rr29 46 Si-weekly 1,827 1,919 2,015 2,115 2.221 2,266 2,311 2,357 -__________________ Mcnlhiy 3,959 4,157 4,365 4,583 4.813 4,909 5,007 5,107 Annual 47,512 49,888 52,382 55,001 57,751 58,906 60,084 61,286 w1rr nin‘‘
- - :. fl
Accounting Technician II “ NE 24 Hourly 2649 2781 2921 3067 3220 3284 3350 3417 Bi-weekly 2,119 2,225 2,336 2,453 2,576 2,627 2,680 2,734 Monthly______ 4,592 4,821 5,062 5,315 5,581 5,693 - 5.807 5,923 Annual 55,099 57,854 60,747 63,784 66,974 ‘ 68,313 69,679 71,073 - - - - - - iaf plfltT 6[L Ste$
4ccounting Technician Ill NE 30 — Hourly 3072 3226 3387 3556 3734 3809 P 3885 -a 3963 Si-weekly 2,458 2.581 2,710 2,845 2,987 3.047 3.108 3.170 Monlhly 5,325 5,591 5,871 6,164 6,472 6,602 6,734 6,869 63,898 67,093 70,448 73,970 77,669 79.222 80.807 82,423 rF.f %41, ‘,“2..’ ‘.-E7I-11.

Administrative Assistant 4’ 16 Hourly 21 74 2283 2397 2517 2643 2996 2749 2504 Bi-week’.y .739 ‘826 1.918 2,013 2.114 2.156 2,200 2,244 — kIenli, 3769 4155 4363 458 ‘672 4768 4861
Mnuai 45,223 47.432 49.856 52.351 54,%5 56.008 , 57,89 58,333 a4—l. lrr c—v— tep
AdminslsalrveAnaiysl
E 31 Hourly ‘ 3149 3306 3472 3645 3827 3904 3982 ,‘ 4062 Bi-week.y 2.59 2.615 2.777 2.96 3.062 3.23 3:46 3,249
,,_...,
Code Enforcement Officer
ClassificatIon
F—
Title
Code Enforcement Officer -Lead NE Hourly

Page 1 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired after January 1, 2013 (Tier 2) Proposed July 6.2022
aiia j_J7’fl--a’‘tw’ ;iiiia
Hourly 2341 2458 2581 2710 2846 Otc 2961 4, 3020
Bi-weekly 1,873 1967 2,065 2,168 2,277 2.322 2,369 2,416 Monthly 4.058 4,261 4,474 4.698 4,933 5032 5.132 5,235
Annual 48,700 51.135 53,691 56,376 59,195 60.379 61,586 62,818 irr f491
Hourly “ 15.39 16.16 16.96 ‘. 17.81 18.70 l9,8 19.4S .

Bi-weekly 1,231 1,293 1.351 1,425 1,496 1,526 1,557 1.588 Monthly 2,667 2,800 2,941 3,088 3,242 3.307 3,373 3.440 Annual 32,005 33.605 35,286 37.050 38,903 39.681 40.474’ 41.284 Hourly 2341 2458 2581 2710 2846 2’S, 2961 3020
El-weekly 1,873 1,967 2,065 2,168 2,277 2,322 2369 2,416 Monthly 4,058 4.261 4,474 4,698r 4,933 5.032 &‘ 5.235
Annual 48,700 51,135 53.691 56,376 — 59,195 60.379 61,586 Equipment Mechanic
Fuel Dock Attendant
Ciassifioation Title
Fuel Dock Supervisor
Garage Lead Workej
Title :,.:., :‘
:,
IFlSA IRan.po
j,-r- rwfl S —.

Hourly 2853 2fl J 3145 3302 3537 3608
I
El-weekly 2.282 2,396 2,516 2,642 2,774 2.886 2,944
Monlhly 4,945 5,192 5,452 .724 6.Ô10 ‘‘ 6,131 6.253 Th37ë9 Annual 59,336 62.303 65,418 . 68.689 72,123 73,566 75.037 76.538 - &, ‘ziLW .-jalzzmr;r;—tEi1awttW.’ —— 1E
Harbor Maintenance Worker I —. NE r 13 ‘V Hourly 20 ig 2120 2226 2337 2454 2503 2S53 1 Bi-weekly 1,615 1,696 1.781 1.870r 1,963 2,002 2.043 2:083 Monlhly 3,500 3.674 . — 3.858 4.051 4.254 - 4.3394.426 4.514 Annual 41,994 44,09346,298 48,613 51,044 52,064 53,106 54,168 - ff2 ifl —
“
L”—
Harbor Maintenance Worker II NE 19 Hourly 23.41 24.58 25.81 27.10 28.46 29.61 30.20 Si-weekly 1,813 1,967 2,065 2,168 2,277 2,322 2,369 2,416 fl Monthly 4.058 4.261 4,474 4.698 4,933 ‘ 5,032 5,132 5,235 Annual 48,700 51,135 53,691 56,3761 59,195 60379 61,586 62,818 lr7tT [teflStr1
Harbor Maintenance Worker Ill NE 25 ‘
Hourly ¶J’ 2715 2851 “ 2994 EYL ‘3143 ‘ 3300 3366 3434 3502 E Bi-weekly ‘ 2,172 2,281 2,395 2,515 2,640 2,693 2,747 2,802 Monthly 4,706 4,942 5,189 5,448 S,7t 5,835 —- 5,952 .071 Annual — 56,477 59,301 62.266 65,379 68,648 70,02171.421 72850 :i:tzaazm..___ I 2 rr79Øfl Ffi:S
HarborSanitation Worker2 Hourly
•
1539 1616 1696 1781 1870 08 p946 :4 1985
r
________________________________
Si-weekly 1,231 1,293 1.357 1,425 1,496 1.526 , 1,557 1.588 Monthly 2,667 2,800 2,941 3.088 3,242 3,307 3.373 3,440 Annual 32,005 33.605 35,286 37,050 38,903 39,681 40.474’ 41.284 Step4IStop5 -

Page 2 of 4 ends

City of Avalon
Master Classification and Salary Schedule
Miscellaneous Employees hired after January 1 2013 (Tier 2) Proposed July 6, 2022
-
Hunan Resources TechniciaJI%
Maintenance Worker I
Classification Title
Maintenance Worker NE
Maintenance Worker Ill 14t;’-.-- NE
ZrZZtZfiZZ*Ei1i.z
NE 17 1-lourty 22.29 23.40 2457 25.80 27.09 27.63 28.18 28.75

8.-wee4y 1.753 1,8721 ‘966 2.364 2.167r 2210 2,255 2300 knlhly 3,863 4.056 4.259 4.472 4.695 4789L Annual 46.353 48.67j 51.104 53.660 56.342 57.469 58:619 59791 lsr —
NE ‘ .‘‘-: ‘Hourly - 18.29 - 19.20 20.I7 21.17 22.23 22.68 23.3 .4*.. 23.59 Si-week.y 1.463 1.536 1.613 1.694 1.119 3’4 1.853 1.887

3.70 3.329 3,495 3.673 3,854 3.931 4.009 4.089
38,044 39,946 41,944 44,041 46,243 47.168 48,111 49,073 aIr :Srsn
2283 2397 2517 2643 2696 2749 2804
1826 i:6ia 2,013 2.114 2.156 2,2001’ 2,244
4i55 4.363! 4,581 4,672 4ê’ — 4,861
47454 49.858 52.351 54.968
tE t
.27.80:’.: 219 ;t3065
2,118 2.224 2.335 2.452
4aTh 5.059 5,312
55066 . 57,820 60.711 63.746

29.95’e3l.45 ‘‘33.02 “f’34,6?

2.3% 2.516 2642 2.77’

5.192 5.452 5.72’ 6.013
L’
Hourty . 21.74
B--weekly 1,739
Monthly 3,769 -
Annual - 45.223 .t.1%a
Hourly
iI_____
- -‘ 25.21 31 26 32,62
Bi-wee.s.y 2,017 2.501 2.551 2.602
ktnHy 4370 548 5o27 5637
Annual 52.444 65,021 66.322 67.648
.._____
z,. .Me
Mainten,ce Lead Worker a NE 27 13 Hourly - 28.53 35.37 .1 36.08 ‘ 80 1 Bi-weeky 2.282 2,829 2,886 2,94i
Montnv 4.945 6.131 — 6,253 6,378
— MrLa 59,336 62,303 65,418 68.689 12.123 137 76.538
zz:z.- i sa- fl -
QfficeAssistant’’-’”7c- NE 2 Hourly 15.39 16,16 16,96 17,81 18.70 19.08 19.46 19.85 . Si-weekly 1.231 1.293 1.357 1.425 1.496 1,526 1.557 1,588 — Monthly 2.667 2,800 2.941 3.088 3,242 - 3.307 3.373 3,446 Annual 32,005 33.605 35.286 37,050 38.903 39,681 40,474 41,284 ‘C=ZZi7aEIZ lthT S?jst—rsren-5a
Parking ConUtl/Maintenari’, NE 11 Hourly S3- 1922 2018 21 19 2225 2336 23 2 2430 2479 Bi-weekly 1.537 1,614 1,695 1.780 1,869 1,906 1,944 I 1,983 Monthly - - 3231 3,497 3,672 3.856 4,049 4,130 4,212 4,297 Annual 39,970 41,969 44.067 46.270 48.584 49,556 50,547 51.555 flfqwrre aW -rr,
- r
r -‘ r— - r‘%
Pool Instructor NE 2 Hourly 15.39 16.16 16.96 17.81 18.70 4aL 9.46 19.85 Bi-weekly 1,231 1,293 1.357 1.425 1.496 - 1.526 .557 1,588 Monthly 2,667 2,800 2.941 3.085 3,242 3337 3373 - 3.440 Annual 32 005.L_ 33 605 35 286 37 050 38 903 39 661 40 474 41 284

Page 3 of 4 ends

City of Ava Ion
Master Classification and Salary Schedule
Miscellaneous Employees hired after January 1,2013 (Tier 2) Proposed July 6, 2022
!on title.. ISt gIritr.1Kflw LziE
NE 2 t Hourly 1539 I616 1696 1781 1870
—. -
Si-weekly 1.293 1,357 1,425 1,496 1.526 1,557 - 1,588
Monthly 2.800 2.941 3.088 3,242 -3307 3.373 3443
Annual 33.605 35.286 37,050 38.903 39.681 40.474 41 .284 tatzruw..F
2520 2646 2778 2917
2,016 2.117 2.223 2,334 2,380 2.428 2,476
4,368 4,586 4,815 5.056 5,261 5,366
52,413 55,034 57,785 60,675 ‘ 61,888 63.126 .“ 64,388
I dI ILLW L: tNt ‘ t4ZSttJ ttar‘
LW4LWtI’
NE 22 ‘
Hourly 2521 2647 2780 2919 2” 3065
Bi-weekly 2,017 2,118 2,224 2,335 2,452 2.501 2.551 2,602 Monthly 4,370 4.589 4,818 5,059 5,312 5.418 5527 5,637
Annual 52,444 55.06€ 57,820 60,711 63,746 65.021 66.322 67.648 NE 25 Hourly 2715 2851 r2994 3143 -‘‘3300 $434
B -weedy 2,172 2.28 2.395 2.515 2.640 2.693 2.747 - - 2.802 Monlhly 4706 4942 5189 o448 D72 583o 5952 6071
Annual 56.477 59.30 62,266 65 379 68.648 70.021 71,421 72,850 lam.Ir4
NE’°c 2 Hourly I 539 1616 1696 178 1870
Bi-weeky 1.231 1.293 1,357 1.425 1.496 , 1.526 1,557 - - 1,588 Monin y 2.667 2.800 2.941 3.088 3242 .307 - 3.440
Annual 32.005 33.605 35,286 37,050 38.903 39.681 40.474 41,284 Recreation
riJi
Aide
Recreation
Classiflcationjitle,4
Coordinator
Recreation Leader
ëissitication itle .4
2,667
1,231
32,005
‘ l*L L±1I-LIZTH’ EtlP!1I
NE ft’’ 20 “k’V Hourly 2400
- Si-weekly 1,920
Monthly 4,160
- Annual 49,917
Aar1I ‘‘3711 ‘Lrrv.

NE 4Th.1f Hourly ‘‘3 1617 1697 1782 1871 ‘,
1965 ,,#a°4 2G4) 2085
Si-weekly 1,293 1,358 1.426 1,497 1,572 1,603 1.636 1,668 Monthly 2,802 2,942 3,089 3,244 3.406 .474 ‘ 3.544 3615 Annual 33,625 35,307 37,072 38,926 40.872 1,689 42.523 43,374 Senior Administrative Assistant
ClassIfIcation Title 4
Senior Euiprnent Mechanic
Temp Help -

Page 4 of 4 ends

AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES
MEETING DATE: July 19, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: JMP{.

PREPARED BY: Devin Hart, Administrative Analyst and Deputy City Clerk SUBJECT: CEO’s Board Report
RECOMMENDED ACTION(S): Receive and file the report.

REPORT SUMMARY: Attached is a copy of the June 2022 Catalina Island MedicalCenter CEO Report to the Board of Directors.

GOAL ALIGNMENT: Not aligned.

FISCAL IMPACTS: Not applicable.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not applicable.

FOLLOW UP ACTION: File the actions.

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

ATTACHMENTS: CEO June 2022 Report.

AVALON MEDICAL DEVELOPMENT CORPORATION
Agenda, Reports and other Documents for the
July 2, 2022
Meeting of the Board of Directors
Catalina Island Medical Center’s
Governing Body
,_4 - -
-
-
-
-
-
‘:::
-
-
/ ,
A
____
a’
r a
Catalina Island Medical Center’s Vision Statement:

The destination for excellence in
patient centered care and health enrichment
Catalina Island Medical Center’s Mission Statement:

Provide quality health care to each individual and improve the over all health of our community
I-’
PO Box 1563 (310) 510-0700
ico Fals Caryor 3d
Avaon, CA 90704
ADo.ntrnnts (310) 510-0096
CataiqaslaridMeaica!Cerirer ag

CATALINA ISLAND MEDICAL CENTER
Monthly CEO Report
June 2022
COVID-19CIMC (‘OVID-19 Antigen Testing
Tests Performed — 8.343
Residents Without A Positive Test
Last positive Test Date
Total Days
COVID-19 Vaccine FAQ
Positive Results —735
June 27”, 2022
I Day
lo get the answers you need quickly, please review tIle list below prior to calling the cimic. For vaccine news and reminders, sign up for Cl\4C email alerts below.

Which COVID-19 vaccines does CIMC currently have?
Modern a (Ages 18+)
Pfizer-BioNTech (Ages 12+)
Pfizer-BioNTech Pediatric (Ages 5-11)
When are CIMC’s COVID-19 vaccine clinics?
COVID-19 vaccination clinics by appointment available:

Wednesdays from 10:00 AM - 12:00 PM and 2:00 PM -4:00 PM Please bring your vaccination card (for second and booster doses) and self-attestation form with you (for booster doses)
First, second, and booster doses are available.

Who can get a COVID-19 vaccine booster?
COVID-19 booster shots and third doses are now available at CIMC for eligible individua’s.

CIMC follows CDC guidelines.
rr. P.O. Box 1563 100 FaUs Canyon Rd
Av&on, CA 90704
(310) 510-0700Appointments (310) 510-0096Catal nalsi andMedicaf Ce nter.org

CATALINA ISLAND MEDICAL CENTER
Los Angeles County COVID-19 Data
P.O. Box 1563 (310) 510-0700
100 FaIls Canyon Rd Appointments (310) 510-0096
Avalon, CA 90704 CatalinaIsandMedicaICenter.org
Operations
• Dr. Warren has reduced her hours at CIMC to one or two days per month.• Dr. McGroarty was nominated and has accepted the position of Chief of Staff.

We congratulate him on his new role,
• We have been recruiting a family practice physician due to Dr. Warren reducing her days on Catalina. We have identified an excellent candidate that desire to come to be part of the Catalina community. We have entered into negotiations with her and hope to have her on the team soon.
• We have entered into agreement to employ a psychiatric mental health nurse practitioner (PMIINP). This is a wonderful opportunity of us to he able to reduce the amount of telemedicine contracting for a psychiatrist. It will inaddition allow for patients to build an in—person relationship with their provider.

The addition of a PMHNP in combination with family practice providers and our psychologist will help many patients with their mental health needs. • On June 71 1 met with Chad Lefteris, CEO of UC Irvine, to discuss our relationship and see if there are additional opportunities for us to partner on programs.
• We have contracted with Highmark Companies to help CIMC qualify and apply for Employee Retention Credits. Under recent legislation, companies that obtained Payment Protection Plan (PPP) loans may also qualify for the Employee Retention Credit (ERC) for 2020 and an enhanced ERC for 2021.Highmark has a fee of 8% for funds that are received, and they believe we may be eligible for up to $1.0 million.
• We have contracted with Healthstream to better organize CIMC’s policies and contracts. This will allow for CIMC to upload all contracts and policies that will track and send updates to those responsible for keeping them current. • We have implemented Healthstream at CIMC to ensure that staff receive the needed annual training to have the skill sets in the ever-changing landscape of quality and compliance issues that employees have to navigate. Training is online and provides tracking resources to ensure employees have completed required training.
• We have contacted OSI-IPD to provide approval for renovating the old business office and configuring it to be the new home of our laboratory department. This will provide CIMC with the space necessary to improve testing capabilities and

CATALINA ISLAND MEDICAL CENTER
P.O. Box 1563 (310) 510-0700 . 100 Falls Canyon Rd Appointments (310) 510-0096 Avalon CA 90704 CatalinalslandMedicalCenter.org

CATALINA ISLAND MEDICAL CENTER
free up the current laboratory for an infusion therapy center. Within the nextmonth, our architect and contractors will evaluate the work that is necessary for this project. Plans will be submitted to OSHPD for final approval. - • WIPFLI will he providing an initial IT security assessment for CIMC. After reviewing the initial assessment, we will determine if a deeper dive into our security practices is necessary.
• We have contracted with WIPELI to perform our annual financial audit. BDO has conducted our financial audits over the past 6 years. It is good practice to change auditors on a periodic basis.
• We have contracted with Civility Partners to provide education on a variety of topics including: the basics of communication, effective listening, conflict management, positive language, assertiveness, perception and open-mindedness.During the last few minutes of the training, the group will develop a list of “ground rules” for treating each other with civility and respect. They will beproviding training for leadership and staff. • We applied for the Small Rural Hospital Improvement Program (SHIP) grant for Fiscal Year 2021-22. The $258,376 was used to pay for GE monitors. We haveinstalled the equipment:
o GE heart monitors -S115,321o D1NAMAP’’ SuperSTATTM \IBP delivers proven XIBP technology, utilizing GE-patented “smart cuff” pressure control to improve measurement time, patient comfort, and artifact rejection, all while retaining the classic DINAMAP accuracy,
o TruSignalT1 5p02 gives you the ability to reject motion artifacts and detection even at low perfusion.
o EK-Pro arrhythmia algorithm provides simultaneous four-lead analysis that helps optimize the detection and analysis of arrhvthrnias, helpingensure no cardiac event goes unnoticed. The algorithm helps distinguish noise and artifacts from true beats, reduces false alarms, and enablesuninterrupted FCC monitoring even in the event of a single electrode failure.
o EtCO2 allows for C02 side stream measurement right at the patient’s airway.

PC. Box 1563
100 FaHs Canyon Rd
Avaion, CA 90704
(310) 510-0700
Appcitments (310) 510-0095
Carahrals a9dMed caICetero-g

CATALINA ISLAND MEDICAL CENTER
• We will be trialing new equipment this month to help improve translation services at CIMC. Voyce technology allows an interpreter to join a call, in often less than 20 seconds, to support conversations between people and health staff via ipad technology.

F—
P.O. Box 1563 (310) 510-0700
., 100 Fa[is Canyon Rd Appointments (310) 510-0096
Avalon, CA 90704 CataiinalsiandMedicaiCenter.crg
CATALl?A ISLAND MEDICAL CENTER
Strategic Planning. As part of the current facilit’ replacement project, it is important that CIMC has initiated a strategic planning process to develop a strategic plan that will support the facility replacement plan. As part of thestrategic planning process CIMC may address these issues:
o A re-assessment of organizational mission and purposes. o Development of a vision that describes future success.o An analytical review of the current status and trajectory of market conditions, including demographic, competitive perspectives including market share analysis, population-based use rate tretds, and future changes in supply side market characteristics.
o Clinical service-specific reviews of existing volume trends, new service opportunities, and specific options for competing or affiliating with other providers in the market.
o An evaluation of strategic options. This frequently takes the form of a scenario planning exercise that models alternative strategic options and their implications for achieving organizational purpose.
o An analysis of capital structure, financial performance indicators, and future investment requirements and funding strategies for strategic execution. o Development of a strategy map and key performance indicators for communicating and tracking performance around the strategic Patient Satisfaction
• Press Ganey surveys are sent out on a regular basis to patients that are seen in the clinic, emergency, and outpatient services. We greatly appreciate patient feedback. This data will help us understand our patient’s needs and help CIMC change to provide a wonderful experience when visiting CIMC.

CIMC National Ranking — Fiscal Year
Department Pt Qtr 2nd Qtr 3rd Qtr 4th Q
Emergency’ 99ti1’’:tile 99tiIOc,tile 99dI(I:çjIc 99th’,tiIeClinic S)°tile 99’1”itile S)9ti10t lie )Ei1’ tiIc Outpatient 6l%tile 64th°/otile 4th%tile 941i1%tile
Average S3rd%tile 87t1%tile 66’%tile 97ti%tile
PG Box 1563
100 Falls Canyon Rd
Ava’on,cA9070
2016 2017 2018 .2019 .2020 •202i .2022
Press Ganey Average Precentile Ranking
(310) 510-0700
Appointments (310) 510-0096
Ca: al na slandM edicalC enter org
-
2016 2017 2018 2019 2020 2021 2022

CATALINA ISLAND MEDICAL CENTER
Surveys Returned
Department Pt Qtr 2nd Qtr 3rd Qtr ZQLrEmergency 69 49 23 28 Clinic 64 57 42 30Outpatient 46 38 55 29
Press Ganey Annual Precentile Ranking

EMERGENCY CLINIC OUTPATIENT
‘Annual Average
P.O. Box 1563
100 FaIls Canyon Rd
Avalon, CA 90704
(310) 510-0700
Appointments (310) 510-0096Catalina Island Medical Center.org

CATALINA ISLAND MEDICAL CENTER
Out Of Office
July 26—July 3t Vacation

CITY OF AVALON CITY COUNCIL
MEETING DATE: July 19, 2022 AGENDA ITEM:ORIGINATING DEPT: Administration CITY MANAGER:

PREPARED BY: Devin Hart, Administrative Analyst and Deputy City Clerk SUBJECT: Appointments to Fill Three Terms on the Planning Commission RECOMMENDED ACTION(S): Discuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for three individuals to serve as PlanningCommissioner for new terms, expiring June 30, 2026.

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

Per the Avalon Municipal Code Section 9-1.01: “Only those persons who are physically present in the City of Avalon or within two (2) miles of the City limits at least nine (9) months of each calendar year (excluding special circumstances such as extended personal or familyillness, temporary absences necessitated by the proposed appointee’s employment, militaryseivice, and similar situations). The members shall be appointed by the Mayor with theapproval of the Council. The tenure of any member of the Planning Commission shall be terminable at any time by the Mayor upon the affirmative vote of a majority of the entire Council.”
The terms for three of the current Planning Commissioners expired on June 30, 2022. The vacancies were publically noticed and an application period was open from June 17 to July 7,2022.The City received three applications for the positions by the stated deadline — Bruce Fertig, Robed Kennedy, and Kathy Smith.

GOAL ALIGNMENT: Not aligned.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Planning Commission will have vacancies and may not have a quorum to conduct business.FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Bruce Fertig Application, Robert Kennedy Application, and Kathy Smith Application.

CITY OF AVALON
CommissionComnuttee 4pplicatioii Form
lfvou are interested in serving on one of the various commissions or committees, please complete the attached application and supplemental questionnaire and return it to the Ctty of Avalon, 410Avalon Cativon Road. Post Office Box 707, Avalon, CA 90704. This application is also available on the City’s vehsite w v.c,tvofa;alon,com
If possible, applicants are asked to attend at least one meeting of the commission or committee for which they are applying prior to participating in the application process.

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

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CITY OF AVALON
Planning Commission Application Form
If you are interested in serving on one of the various commissions or committees, please complete the attached application and supplemental questionnaire and return it to the City of Avalon. 410 Avalon Canyon Road, Post Office Box 707. Avalon. CA. 90704. This application is also available on the City’s website \4\wc1’ofavalon.cqn1.

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

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

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CITY OF AVALON CITY COUNCIL
MEETING DATE: July 19, 2022 AGENDA ITEM: /0
ORIGINATING DEP: Administration CITY MANAGER: DMM
PREPARED BY: David Maistros, City Manager
SUBJECT: Continued Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley.

RECOMMENDED ACTION(S): 1. Continue the Public Hearing to hear public comment. 2. Close the Public Hearing. 3. Discuss and determine appropriate action by either: a.) Affirming the actionof the Planning Commission; b.) Require a transcript or recording of the testimony, and all otherevidence 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 tothe Commission, with or without instructions for further proceedings; or d.) Continue the matterfor hearing on another date before itself, considered de novo. (Avalon Municipal Code Section 9-8. 60 1)
REPORT SUMMARY: This item was originally considered by the City Council during the June 8, 2022 regular City Council meeting. City Council requested more information from City Staffand the matter was continued to June 21, 2022. At the June 21, 2022 City Council meeting no new information or testimony was provided and the item was continued to this July 19, 2022regular meeting of the City Council.Per Government Code Sections 65905, 65091 and 65092 and other provisions of Planning and Zoning Law, a public notice is required for notice of public hearings of the Planning Commission regarding applications, revocations or modifications for variances, conditional use permits, or equivalent development permits, or appeal of action thereon. Additionally, a public notice is required if the proposed project affects permitted uses, or intensity of uses of real property.

The Government Code requires, at least ten days before a hearing. Notice is required to be provided via:
- Mailing to real property owners within 300 feet of the subject real property on latest assessment roll; and
- Publication in a newspaper of general circulation; or- Posted in three public places.

The City of Avalon utilizes information provided by the Los Angeles County Assessor’s Office to determine property owners and the appropriate mailing addresses consistent with State law. It is not unusual for property owners to have an incorrect mailing addresses, including but not limited to listing their physical address in Avalon as their mailing address. City Staff cannotmanipulate the assessor list. The property owner must submit a change of address to the Los Angeles County Assessor’s Office in order to correct the address.

I
With regard to the 261 F. Whittley project and the past public hearings on the item, notice was provided as follows:

Planning
Commission Item of Consideration Public Notice
Meeting Date
July 17, 2019 Site Plan review to renovate A Site Plan review does not require a an existing duplex with four public notice. No notice was circulated.bedrooms into a four bedroom single family
dwelling.

November 20, Application for a Site Plan, Published in the Catalina Islander:
2019 Height Variance (for a November 8, 2019
chimney) and Costal
Development Permit Mailed Notices: November 8, 2019
Notice posted at City Hall: November 8,
.-___________________________________ 2019
March 16, 2022 A Public Hearing was Published in the Catalina Islander:
conducted to consider a March 4, 2022
• Setback Variance and Site
. Plan review. Consideration Mailed Notices: March 4, 2022 of the request was
continued to the next Notice posted at City Hall: March 4, 2022regular Planning Commission Meeting.

April 20, 2022 A Public Hearing to The public hearing on March 16, 2022 had continue to consider a been continued from a properly noticedSetback Variance was held. public meeting, and pursuant to State law, the meeting did not have to be re-noticed.

Included with this staff report is a list of the addresses from the Los Angeles County Assessor that received the public notice mailings for the November20! 2019 and March 16, 2022 Planning Commission Meetings. Also included are copies of the public notices as they appeared in the Islander, posted outside of City Hall and mailed to real property owners within 300 feet of 261 E.

Whittley.

On April 20, 2022, the Planning Commission took action on a request for approval of a Site Plan (Section 9-8.201 et seq. of the Avalon Municipal Code (L(AMC!!)) and a Setback Variance at 261 E. Whittley for the ongoing remodel of a duplex in the Medium Density Residential zone, 2 categorically exempt from environmental review under Section 15301 of the State CEQA Guidelines — Existing Facilities.

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. The subsequent 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 thenecessary improvements to retain the second building were infeasible! and the entire structure was demolished.

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 approved! necessary improvements were considered infeasible without demolition of the structure, and the original ‘nonconforming” structure and the proposed new nonconforming structure maintained nearly identical footprints, City Staff recommended to the Planning Commission during the March 16! 2022 and April 20! 2022 meetings that the setback variance be granted as the renovated building complies with AMC 9-8.703 (a). The Planning Commission accepted Staff’s recommendation! approved the Site Plan and Setback Varianceby 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 novoat 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 mailer 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 as the process complied with the appropriate procedure and publically noticing process as outlined in the Government Code and AMC. Toconfirm:
‘l

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 the Planning Commissioner consideration.

3. The request was considered over two meetings to provide Planning Commissioners adequate time to thoroughly consider the request.

4. Planning Commission adopted Resolution 22-08, granting the variance and noting the projects exemption for CEQA, compliance with AMC 9-8,203, 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 are reimbursable 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 appealbe 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. List of property owners within 300 feet per LA County Assessor’s Office

2. Notice of Public Hearing — November 20, 2019, March 16, 2022 and April 20, 2022

3. Appeal 22-01

4. June 21, 2022 City Council Staff Report

5. June 8, 2022 City Council Minutes & Staff Report

6. April 20, 2022 PC Staff Report & Actions7. March 16, 2022 PC Staff Report & Actions

8. July 17, 2019 PC Staff Report & Actions9. November 20, 2019 PC Staff Report & Actions

10.PC Resolution 22-08

11.PC Resolution 19-2012.261 E. Whittley Plans—received 6/9/201913. Lower 2 Story Footing Plans — dated 2/12/2022

14. Written Correspondences15. Additional requested items from City Council 4 Property_ID Owner Name Mailing_Address City State Zip 7480018014 SUN ISLAND HLDG LLC 14854 COUNTRY CREEK CT CHINO HILLS CA 917097480018015 MILLER GREG TR PD BOX 1625 AVALON CA 907047480018016 ROMO PAUL i JR AND TRACY 1 P0 BOX 1694 AVALON CA 907047480018017 ROMO PAUL J JR AND TRACY L P0 BOX 1694 AVALON CA 90704 7480018018 HUDSON DANIEL 1510 S BASCOM AVE APT 7 CAMPBELL CA 950087480018027 SALLY DE LLC 363 BAY SHORE AVE *1 B LONG BEACH CA 908037480018031 WILLHITE MURIEL TR 4256 CLUBHOUSE DR LAKEWOOD CA 907127480018032 DEMYER J PAUL AND JANET L TRS P0 BOX 2102 AVALON CA 907047480018033 DAVIES SD N TR PD BOX 2577 AVALON CA 907047480018034 SALOLINDAGTR P0B0X2356 AVALONCA 907047480018036 H E H LIBRARY AND ART GALLERY TR 1151 OXFORD RD PASADENA CA 911087480018037 WRIGHT CHARLES 16 CORINTHIAN WALK LONG BEACH CA 90803 7480018038 PRIOR FRANK E 341 LAURINDA AVE LONG BEACH CA 908037480018040 WALKER CRAIG P AND BARBARA M TRS 12742 18TH ST REDLANDS CA 923737480018041 PASHLEY PROPERTIES I LLC 360 E 1ST ST TUSTIN CA 927807480018042 YOUNG ROGER C TR PD BOX 29 AVALON CA 90704 7480018043 CATALINA ISLAND MUSEUM PD BOX 366 AVALON CA 90704 7480019021 PATTERSON PAULA TR 3213 PACIFIC AVE MANHATTAN BEACH CA 902667480019022 SANDS WILLIAM AND PATRICIA TRS 21 LINDA DR OROVILLE CA 959667480024002 BROWNE RICHARD AND KYOKD TRS 222 MONTEREY RD UNIT 802 GLENDALE CA 912067480024031 ROSS CLYDE J JR AND JEAN B PD BOX 845 AVALON CA 90704 7480024034 RINEHART CARLA G TR 2016W 240TH ST LOMITA CA 907177480026001 EVORS ALISON 0 TR ET AL 2661 OAK KNOLL DR LOS ALAMITOS CA 90)207480026002 ISLAND PROPERTIES LP 5121 BLUEMOUND RD ROLLING HILLS CA 902747480026003 WRIGHT DONALD 0 TR P0 BOX 2662 AVALON CA 907047480026004 HALL ROSALYNE i P0 BOX 1089 AVALON CA 907047480026010 BELSITO MARINA G AND P0 BOX 174 AVALON CA 907047480026011 MACHADO LAURA M TR P0 BOX 2448 AVALON CA 907047480026012 MILLER LARRY AND ROSA P0 BOX 2641 AVALON CA 90704 7480026013 MAKI MARGARET A TR P0 BOX 2081 AVALON CA 907047480026014 HERNANDEZ ODELON T CD TR P0 BOX 304 AVALON CA 907047480026015 WILLIAMS BARNES LINDA K 16787 BEACH BLVD PMB 657 HUNTINGTON BEACH CA 926477480026016 BURKE JAM[S E AND VALENTINA TRS PD BOX 185 AVALON CA 90704 7480026017 SOLORZANO CECILIA CO TR 700 CALLE DE ARBOLES REDONDO BEACH CA 902777480026018 CUBILLO CARLOS AND MARIA L PD BOX 1704 AVALON CA 907047480026020 BUDD PATRICK W AND JANE F PD BOX 252 AVALON CA 907047480026026 FAZZARI VINCENT PD BOX 1015 ELIZABETH LAKE CA 93S327480026029 DUNN CHRISTOPHER TR PD BOX 1379 AVALON CA 90704 7480026030 CHAMBERS BETTY J TR PD BOX 612 AVALON CA 907047480026032 DELUCA RDSEANN PD BOX 117 PALDS VERDES ESTATES CA 902747480026033 KRIDLE LOUIS AIR PD BOX 8823 ANAHEIM CA 92812 7480026037 AGA LINDA E 448S WATERWAY DR SATELLITE BEACH FL 3293) 7480026038 CLEGG JEFFERY AND TAMMY A 10717 TWIN FALLS DR BAKERSFIELD CA 933127480026039 MARCHELLO FRANKTAND BARBARAJ 21810 E BUCKSKIN DR WALNUT CA 91789 7480026040 CANBY CHARLES D AND CLAUDIA TRS P0 BOX 704 AVALON CA 90704 7480026041 ROGERS VICKI P0 BOX 1415 AVALON CA 90704
7480026042 PILLMAN STEPHEN 1211 EL TERRANZA DR LA HABRA HEIGHTS CA 906317480026043 SMITH ROBERT H AND TERESA A TRS 1801 LITCHFIELD AVE LONG BEACH CA 908157480026044 ROUSSO STEPHEN AND MARILYN TRS 13701 RIVERSIDE DR UNIT 40 SHERMAN OAKS CA 91423 7480026045 GARCIA YONI PD BOX 1163 AVALON CA 907047480026046 SMILEY PAMELA E TR 10931 LA CARlA AVE FOUNTAIN VALLEY CA 927087480026047 KINGSTON RANDALL CO TB 40525 CHAPARRAL DR TEMECULA CA 925927480026048 MICHELL MARIE 6 TR 2072 CHANDELEUR DR RANCHO PALOS VERDES CA 90275 7480026049 PILLMAN STEPHEN AND 1211 EL TERRANZA DR LA HABRA HEIGHTS CA 906317480026050 HUBBARD ROBERTO AND JACQUELINE PD BOX 1354 AVALON CA 907047480026052 ONEAL PEGGIE PD BOX 1107 AVALON CA 90704 7480026053
7480026054748002605574800270017480027002748002700374800270047480027005 748002700674800270077480027008
7480027009
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7480027031
748002703274800270347480027035
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7480028003748002800874800280137480028015748002804174800280427480028043 748002804474800280537480028058748002806174800280627480028063 74800280647480028065748002806674800280677480028069
7480028070
7480030005
748003000674800300077480030010

TRAINOR HILDATR

STEIN JAMES H AND BETTY L TRSSMITH MICHAEL H AND SUE AIRS

HAGUE CLIFFORD WRIVKIN MICHAEL CO TR

TROUT SUTTON CO TR ET AL

BREWER MARCIA H TRKILBRIDE FREDERICK CO TR

CAN BY MONICA M

ROWE JOSEPHINE TR ETAL
216 WHITTLEY LP

HAGGAR ELIZABETH A
Steven Johnson

SMITH SARAH M TR ETALHAGUE CLIFFORD W
HERNANDEZ VICKY El AL

THORICHT ADRIAN AND LOURDES TRS

CANBY CHARLES D AND CLAUDIA TRS

SULLIVAN MATTHEW K ANDVAN EVERY SCOUT CO TR

FRANKS ROBERT F TR

WARNER RICHARD N AND LESLIE TRS

LOWDER WAYNE E AND

SANTA CATALINA ISLAND

PIACENTINI ELLEN MCAMERON BEVERLYTR

ZELLER KATHLEEN VTRJORDAHL THOMAS H AND GLORIA TRS

SANTA CATALINA ISLAND

HARRISON TIMOTHY J CO TR

VENER ANDRE CANDAMANDAATRSAMTHOR GRANT M AND RITA KJOHNSON STEVEN M AND SVETLANA I

FEIGIN DAVID R CO TR ET AL

ALLISON CHERYL

POLYCOMP TRUST COMPANY CSTDNHOFFMANN JAMES RAND AISHA TRSKEYSER PETER BAND DOROTHY B

ALBERT RICHARD AND ROSEMARY T

HENRY STEPHEN

ABUGHAZALE H ZIAD AND ROSEMARIE

HUNT CLARENCE A AND M ANN IRSROSBURG HELEN TRLOFGREN ROSE M TR

STEINBECK ROGER RAND STANNIS H

NEVILLE ALISON

TUCEY JACK AND YUEH M

SHANNON JOHN F AND LESLIE CGOSSELIN ROCK W AND MARY KHIBBS JESSICA J CO TR

LENZ GEORGINA M TR

OLDDEN MAYA
BRASS BUTTONS 1031 LLCMILLER SUSAN C TRRIKALO SUSAN CO TR ET ALFINDLAY DONALD C TR ET AL

SCOTT BERT III AND SU TAN AND
P0 BOX 1705
355 LINDEN AVE516W AVENIDA DE LOS LOBC
P0 BOX 2526
31 HILLCREST DR69 BROADMOOR AVE
7040 MIDDLESBURY RIDGE CI
P0 BOX 1468
3 LAURELTREELN6162 ARNOLOSON PL3755 AVOCADO BLVD UNIT 4 1535 SHERIDAN RD
4616 Rolando Drive
520 OCEAN AVEP0 BOX 2526
P0 BOX 1318P0 BOX 2710
P0 BOX 704
601 DURWOOD DRIVE
157 CLAREMONIAVEP0 BOX 2480PC BOX 1122P0 BOX 441P0 BOX 2739 6555 RIDGE RD
P0 BOX 1035
P0 BOX 191P0 BOX 1429P0 BOX 2739
81 17TH ST2655 SIERRA BONITA AVE
P0 BOX 2076
4616 ROLLANDO DR
21680 ENCINA RD
PC BOX 1717
3000 LAVA RIDGE CT STE 130
PC BOX 2467
4205 EASTRIDGE DR
P0 BOX 4034525 ALLENDALE RD1236 N RUBIC ST
P0 BOX 2148
9004 CHATEAU DO SOLEIL
4205 EASTRIDGE DR
12005 EMERY LNP0 BOX 1026P0 BOX 2539PC BOX 373
P0 BOX 1162829 SURFRIDER AVEP0 BOX 383P0 BOX 844
1223 BAROLOCT
917 AVENIDA SALVADOR
P0 BOX 194
PC BOX 2645
9710 RIVER TRADER ST

AVALON CA

CARPINIERIA CASAN CLEMENTE CA

AVALCN CA

RANCHO MIRAGE CA

SAN ANSELMO CA

WEST HILLS CAAVALON CA

IRVINE CASAN DIEGO CALA MESA CA

GLENDALE CA

ROLLING HILLS ESTATE CA

SEAL BEACH CA

AVALON CA

AVALON CAAVALON CAAVALON CA

LA CANADA CA

LONG BEACH CA

AVALON CAAVALON CA

AVALON CAAVALON CASALIDA CDAVALON CAAVALON CAAVALON CAAVALON CA

HERMOSA BEACH CAPASADENA CA

AVALON CA

ROLLING HILLS ESTATES CA

TOPANGA CAAVALON CA

ROSEVILLE CA

AVALON CA

LA MESA CALAGUNA BEACH CAPASADENA CAAITADENA CAAVALON CA

LN ODESSA FL

LA MESA CA

VALLEY VILLAGE CA

AVALON CAAVALON CAAVALON CAAVALON CAVENTURA CAAVALON CAAVALON CA

PLEASANTON CA

SAN CLEMENIE CAAVALON CAAVALON CA

LAS VEGAS NV
9070493013926729070492270
9496091307907049261292122919419120690274
9074090704
90704907049070491011
9080390704907049070490704812019070490704
907049070490254911069070490274902909070495661
9070491941926529110691001
90704
33556
91941916079070490704907049070493001
90704907049456692672907049070489178
7480030027
7480030030748003004074800300417480030042748003004374800300447480030045748003004674800300477480030048748003004974800300507480030051748003005674800300577480030058748003005974800300607480030061748003006274800300637480030064

ST LAUREN HOTELSCOTT BERT III AND SU TAN AND

DEE CONSTRUCTION COBAKER KAREN A TR

SADLER NATALIE TR

ISLE OF VIEW LAND COMPANYBOND ROBERT I CD YR

JONES LAVINA

SHARPE PETER B AND DONNA M TRS

LEWIS JAMES E TRROMERO ALEJANDRO AND LETICIA
WHiTAKER CHARLES K CO TR

HORVITZ PAUL SAND MARTHA E TRSBRASHEAR MICHAEL B CO TRFRANKLIN JOHN AHANNA JOHN B CO TRFISCHER MARK E AND JULIAFIOBIN BRIAN W AND TRACEE KHANDY JOSEPH M AND HELEN IRSNAMIHAS IVAN JR ANDLYON CHRISTINE TR

GORDON NATASHA AND

MCDDNALD DENNIS ANDJESSIE
PD BOX 1532
9710 RIVER TRADER ST
2118 WILSHIRE BLVD NO 421PD BOX 2841806 S LINDEN WAY661 PALMERAAVE29672 NOVACELLAP0 BOX 1368 P0 BOX 1923117 N MAYFLOWER AVEPD BOX 2005PD BOX 71116838 EDGAR ST 4S9 N BARRANCA AVE
15 GAVINAP0 BOX 8011608 PASEO DIAMANTE10423 ORMOND ST1114 CONURECT 622 CHIPWOOD ST632 VISTA DEL MAR DR
P0 BOX 1111

AVALON CA

LAS VEGAS NV

SANTA MONICA CA

AVALON CA

DENVER CO

PACIFIC PALISADES CALAGUNA NIGUEL CA

AVALON CAAVALON CA

MONROVIA CA

AVALON CAAVALON CA

PACIFIC PALISADES CA

GLENDORA CA

DANA POINT CA

AVALON CA

HEMET CA

SUNLAND CAOCEANSIDE CAORANGE CAAPTDS CAAVALON CA
9070489178904039070480224902729267790704
907049101690704907049027291741236069262990704925459104092057928699500390704 11820 FOUNTAIN WAY STE 2( NEWPORT NEWS VA

PLANNING COMMISSION

CITY OF AVALON

NOTICE OF PUBLIC HEARING
Wednesday. November 20th, 2019 at 5:00 p.m.

NOTICE IS HEREBY GI\EN that the Avalon Planning Commission will hold a PUBLIC HEARING to consider the following items at the regular November meeting to be held on Wednesday, November 20th, 2019 at 5:00 p.m., in the COUNCIL CHAMBERS AT 410 AVALON CANYON ROAD. AVALON CALIFORNIA.

In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact Denise Radde. City Clerk (310) 510-0220. Notification 48 hours prior to themeeting 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 areavailable forthe public inspection at the time the records are distributed to all, ora majority of all, members of the Planning Commission. Such records shall be available at City Hall located at 410 Avalon CanyonRoad.

I. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) at 38 Playa Azul-Hatnilton Cove Condominiums.

The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requiresa public hearing and Planning Commission approval. The Planning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations inLand Use Limitations.

Owner’Applicant: Dan Encell
Location: 38 Playa Azul- Hamilton Cove CondominiumsAPN: 7480-04-8 123 PC#2705 Zone: high Density
File Date 09/I 7/2019

Owner/Applicant: Peter Savage
Location: 155 Olive
APN: 7480-022-07
PC: 2706 Zone: High DensityFile Date: 08/29/2019

3. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or withouttable boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6,602 of the Avalon Municipal Code) at 40 Playa Azul-Hamilton Cove Condominiums.

The project is in the Coastal Zone and is subject to a Coastal Development Permit. which requiresa public hearing arid Planning Commission approval. The Planning Commission will determinewhether the project is within the 300 foot appealable seaward area boundary. The project isCategorically Exempt under Section 15305 of the State CEQA Guidelines Minor Alterations in Land Use Limitations.

Owner/Applicant: Ralph and Betty Ketchum
Location: 40 Playa Azul
APN: 7480-04-8119
PC#2708 Zone: High DensityFile Date: 10/11/2019

4. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and aCoastal Development Permit to allow the renting or leasing of a room or rooms with or withouttable boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) at 312 Catalina St. 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 will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Kurt Olsen
Location: 312 Catalina St.

APN: 7480-03-5004
PC#2709 Zone: High Density
File Date: 10r28/2019

5. A Public Hearing for an application for a Site Plan. Height Variance (for chimney) and CoastalDevelopment Permit to remodel a duplex by adding 125 square feet total divided between three bedrooms, changing the roof pitch from flat to pitched and adding two off-street autoette parking spaces. The project is in the Coastal Zone and is subject to a Coastal Development Permit, whichrequires a public hearing and Planning Commission approval. The Planning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. Theproject is Categorically Exempt under Section 15301 of the State CEQA Guidelines — Existing Facilities
Owner/Applicant: Scott Vanevery
Location: 261 E. Whittley.

APN: 7480-027-020
PC#271 I Zone: Medium Density
File Date: 10/30/2019

6. A Public Hearing to review proposed changes to Avalon Municipal Code Chapters 11 and 17relating to Inclusionary Housing regulations and adopt a resolution recommending adoption ofthose changes in an ordinance to the City Council. The City wishes to amend its Municipal Code to comply with recent amendments to state law and foster the development of additional inclusionary housing requirements. The adoption of this ordinance is exempt from the CaliforniaEnvironmental Quality Act LCEQA’ ) pursuant to Section 15358 of the State CEQA Guidelines— the project will not result in a direct or reasonably foreseeable indirect physical change in the environment and Section 15061 (b)(3). there exists no possibility that the activity will have asignificant adverse effect on the environment.

Owner/Applicant: City of Avalon. The proposed amendments will affect parcels of land zoned for residential use.

7. A Public Hearing to review the proposcd 2020 Growth Policy as required by Avalon Municipal Code Section 9-12.102, and adopt a resolution recommending adoption by the City Councilregarding the effects and demands of development permitted in the City over the preceding twelve(12) months.

Owner/Applicant: City of Avalon
Members from the Public who would like to address the Planning Commission may appear at the public hearing during the consideration of this item and state their opinion. Written comments may also be submitted to the Planning Department, attention Amanda Cook, Planning Director, P0 Box 707, Avalon, CA 90704 prior to the Planning Conimiss ion’s consideration of thc item.

Aiyonc may appeal any decision made by the Commission to the City Council. To appeal, you must file a written appeal, and include an appeal fee of $908.00 with the City Clerk within fifteen (15) calendar days of such action. Any person challenging actions of the Planning Commission may be limited to issues he or someone else raises in writing prior to or orally at the hearing
All actions on Local Coastal Development permits seaward of the appealable area boundary (within 300 ft. ofestablished mean high tide line) max’ be appealed by any aguiieved person 10 the Coastal Commission. provided that: (1) All local appeals of City actions provided for by this section have been exhausted and no feewas charged the appellant for such appeal: and (2) Any Coastal Commission appeal by two (2) or more Coastal Commissioners. when the local appeals of City actions provided for by this section have not been exhausted, shall constitute a local appeal to the City for any local appeal which has not been exhausted. Any local action to modify or reverse the appeal action shall require that a new CoastalCommission appeal by two (2) or more Coastal Commissioners be filed in order to constitute a completeCoastal Commission appeal.

By: Amanda Cook Posted: City Hall Friday, November 8mH, 2019 Planning Director Catalina Islander Friday. November 8mh, 2019

PLANNING COMMISSION

CITY OFAVALON

NOTICE OF PUBLIC )IEARINO
MARCH 16,2022 at St p.m.

NoTncc.nsl4lmEay GIVEN that rite A, onP nolngComnslnalon will hoLd a PUBLICHtARlNGrocooaiderlhcfollowlsgitenogamalingtobehddona Match I6.2022 nnl:O0 pm.. in else COUNCIL CHAMBERS AT 4IOAVAWN CANYON ROAD. AVALON,CALIFORNIA and as noted below due tothecoranas4rut dintase 2019 çCOVID-lclcircumslancet.

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n compliance with theAns.ricanssannlt D,sabllbny Act. ifyruneed special assistance to1nrsldpate as thin meeting. pkaaeconnt.ct Oenise Radii,. CinyClen* (310)510-0220- Noli5ealaon 48 hours print roth. nwtlang wit] enable the Cily no make reason able anrangemenls bend re accessibility101 hinrnrtting. (flR35 102-35.104 ADA ThIn IA All public records relalingroanagenda ott that agenda arenlable foe the public instnecl)oet as nhe linitthe necccda azedist’t.ited loall,cnanna]oessyda)l,ntcnihenoofthe PbnnangComn,issina Such resosduahal) bearal)th2eanCity Hail bc-medal 410 AnIon Canyon Road I. A Pnbhc Hw’arg andconsldemricas of a Reso3alion fort, application foe a Traasaer4 Rental License anal a Coastal Dovelopmenl Peamittoatowtherent.rgoeleasingnfanonmor noomn a-Mu or reithoal table boards for peniodnoffeneer than thirty iso) ;mnecati-rn days diannios(Transient Rennoal — Section 9-6(02 (a) otthr Avalon lilaincipol Code) ‘a a newly connanrcted unitInsured at 360 La dyprus Asenne. Unit 4. and approelegaresalnlisa 1f.e projectinin the CoastalZone and in inthjecn I-s a Coastal Desriopintenl Peneusil, nahich mequnres a public setnng art) Ptaaning Ccirenissims aPproval. thePlaning Caensnrrvt:otn seat determine whether the pnojecttnoe vs-alan the300-loon appealable neanuaed area boundary. The project Is CanegonWvExenspcurder Section lIStS oilOeSra.CCEQA Guidelines -MirsoeAhersljnesanLasnd Line Lint ntaoions
OwnerGmrgeReqaaenneApptant George Psqaaenle and Cony Fioji Flhrng flat l2,031202lLnaraaietncfPeojeci: 260 Eacalypenat Avenue. Lnie4 APN:7t93-034-027
PC I. 2778
Zest Rllgh-DeraaityRenidenoial
l.A Public bleating arid ennacdcnnnion Ma Reuolunaon for asapplicanion iotarnaaosrnaRental License andaCoastal Denelaapm.nt Ptnsnsii ‘satan the rattling or leasing ofa n000norenema with or neithont cablrboaada far periods ofteosor Ihasu thIrty (30) consecutive lava duration(T,aaaieoal Rental. Section 0-6.602 laS olthr ActionSlnsnicipat Code) ma ninety conunacted cast within a duplealecaled at 336112 Eacalppnao Avenue. an ill and appros-htg a resolutIon The project in in the CanNel Zone undo vab)ecn tonCoastal Drsrloprter I Feints- which icqairrsapnhlic heaaingand P1 batingComm asian appio’ial. The Planning Commission wit determine naheuher the projecn is within the 360-foon appealable neaward asenbonardary The project in CanegoricollyP.xernpn under Sectlnn 15305 ofnhe Scale CEQA Guidelines — Miner Alterations in Land Use Lunilattoits.

Owner/Applicant tuweence and Shari PamiginetniFiling Date: O2104/2022 Location ofPrraect- 336 Eccalisptncu Avenue
APN: 7480-034-055 -
PC l 2779
Zone- High-Densily Rinidenlial
S. A Public Hearing and coosideralion oh Resolution fir to atplIcalion for a TransiecatRental License aitda Coania) Oeveiopmenn Peers in no nlow the renting or leasing oh room or rcotss with or withonn noble boards foe periods offewer than thirty 130) corueconive days dun.Iion (Trantitar Rental - Section 9-6.602 (a) ofthe Minion Municipal Code) at 333 Eucalyptus Awnae. and approving a resolutIon. The project 1cm the Coasnal Zone and is subject to a Coastal DevelnpnaexrFeesnin, whIch requin apubtc harinagaod Plaosritang Commisalon approval. The Plaroring Cornmbnton ‘dl
lIe aniatnea ISISMIO
determine whither lane pco} cmi sssithin the 100-foot appealable neawied area boundary.The project In Canaporicatty Eeennpa uolersecuions 15305 of the Snaee CEQA Giniddiaaen - Minor Alterations in I-and Use LimnItalionn
Owner/Applicaal: Kennjeth end Peggy Harley
Piling Date: 02109/2022Location of Project: 333 EucaWlta Arenae AIM: 7480.033-0l2
PC C; 2780Zones H)ghDennary Residerrial
4-A Public Meaningand coratadeention em Resolution (be as, spptlestson for a Transient Rental License and a Coastal Ilevelopmenn Permit to allow the eestangee leasing ala noons nnroomswithorwilisutlableboards&arpcrbanlaoffeoerlhanlltieiyllo)conaecativ.aiaysduration (Transient Rental Section 9-4.002 (a) ofthe Avalan Manlci real Code) at lot VaesadelonSnreetasidapprovlaigaeaotation.lhepno(ecnuaintheCnastalzosseandisrubjecttsaCoasaat Development Peema. which reqatres a public hearing and Planning Ctnnttniuiun approval ThePlanningContsmiaonon toll detenstanewhether the paojecr o within the ion-foot appealable seaward area lsc:at: t)aey the peo1ecr is Categaricatly E,enrnpl under Section 15305 tIthe SlateCEQA Gsidebnes -Minor At tecatlotItin Land Liar t.in,italsontOwnerfAppbcara: Steven lohn,on Piling Dote: 0212212012location rfpro)ect- lOS Vteneleln,a SInes APN 7480-021-040
PC P 2781Zones Lano-DetnsityResidetnnial5 A Pnhltc Meacntig and comideratiort c-Ia Ressstction far Sri apt.ltcsnsan for a Trantienu .Rearal License and a Coastal Development Purnttl a alboer tie renting or teaslngofa room or rooms with or nnirhonl table boards Inc periods offence than thirty (30) conaecuti,v days d aranson(‘t,anntessl Rental’ Section 9-F folla) of rite Aentrton MarGeipil Code) nlstbCtensertrAo,s.ueard açpr,-.,agaraooalieasrmepeojectsnin lie CoastalZoneandinnnh9ecltoaCoaaialflevelopnte.tPenno.which nrqsnresaprblnehe.rangand Platting Commission appenraL ‘Ibm Planning Conttssaoaon soOt ielersr.te,ewhethet the pro(ecn in within the ion-Icon appealable seaward arcs boundary The peojtcs is Ca’egantcinfty Etenyc tanderSection t5105 of the Slant CEQA Gviddmes-kl’:rarAitmat.rsn : n Land Use lirnb.tiorn OnnnennAppLcant Vtcicc Pearce
Patsig Daees 02123/2322Loaitous of Feaject. 310 ClensenteAnneateAPN. ianO-laJS-)79FCC. 2782louse: HighOenairy Re,:drrt,ial 6 ApablicHea,ingandcnasideralionctaRea, lotion Inn an appocarasn far aSanback Vanancc for an ongoing rennradel of. daplea it the btediians Deeaiey Rnsideaiial tare.tooceherchangrsattpeoptnaed totlteptanaancloded In PC Snail tepunt 12711 approvedNowtnherlothlnl9.wieittheacepel000fanerbacicvasiancerthe PtanningCoamnissnn sell deltririrne wlsether the projecl a within the 309 fool ngpeata be neatnard urea bstandary relali it IC the isnnanctofaCoaslal Dettetostnieen Permi-pin-tinCanegaelcatlytxenspe carder Section 15301 of the State CEQA Gsideliem -Faistc’gFaedilienOwnee’Apptinant: Scott VnneoeryFlllngDa(e 02/(8/2012Loationofrrtjecn. 25’ F. Wltirley - APN, 7436-027-020 PC A 278)
Zone: Medium Density toetidential - 7.A FtaS’ic Hearing ml coentdoraeioss ePa Resolution for a Coastal Deieapatse.-w Peennat and Sine Plan approval for nbc rem etotan’contorydnaptet(inIoassnglefana-l dnrtlesg). including the ceatceninnofa pitched roofnoa rooftogndeeL in the High
DennitnRnidereialaone.Thspeoject sun the Coastal Zone and it tcb;ect tuaCoasnalDeve2-pnaeeirPernsir,whichnequiee.apohtscheaningandPlanntrngCowrnatiannpprecal.The PlanningCounssicsion scab] consider Stats retnnnnendaa:os the pra(ecl naxampo (flaw aselbuck variance under AnIon Munsicipal Code nectian 9 9’Oliatl4l The prc4ece it Colnrgnrically Eaentpiaedertecn:oin 15301 oftheseateCtQAcnidttiaec.Existing Filien -OwaneeaApplicanl Joe SapGody BcilhaaiFiling Dale’ 01324/3022 Lccalnono(Prtjecl: 320 Descant.,.SPN. 7480-034-009PC n- 2784 Zone;tinghUentsityRcs:dernialiFlslal8. A Public Rearing and conxideeaoioo oft fend nttnt., fit cx-a- h taria rce and Silt Plan apprr-nalto allove the rem del of an eaasting pomica oipropecty mOan eke City R4h1 of Way an reqcssrel reran retyark ocatentat 201 tao Wttinnley. nub1ecn a Hanieg Conunminlion renesu and City Ccninctl appnostl to the Nigh Laensary Rni/ernaial none line projectin in L0neCoaoal Zone and in exempt fromaConsoal Pcvenopnnent Penssil accntditsg to Maeicipnl Cnde neclitaa 9-8 l02(hltl) lIne pnojecl in Categorically hempl underSectitn 15301 otthe Slate CEQA Gnuddinrn — tainung PardnniecOwner/Applicant: Mat nun PasvrerCunnp.nkin Application- Encroachment rennet (City Coaeed)Filing Dine 02123-’2022l.ocaljcos at Pno)rcl; 201 F WltlltieyARM; 7490-027-004PC 8; 2/PSZone- tfiglsflennirytenientialBy: Rocio de ta Crux Polled Carl Hall Munch 4,2022Planning Adoainisnrali,e Ansintarl Pablsnhrd Catalina dander. March 4, 2022 Members from the Pablac who aonald laLt To address the Planning Comminsams may appeal at thepublic hearing during Iso cnasiderati no ntthto item arid Inane dseiropcnnia,.s Written commensitmoy alnobe sabmilled othe Planning Oepaauantenr, anenbiot Sasanna Gurienee, Atsinlanit Planree, PD Rn, 707, Avalon. CA 90704, plior to the PlannIng Commimton’ncponnd eruliotn afthe item.Aoyonemayappeal an) decistora mule by lhr C.onrnnist,ont a tIne City Council ‘to appeal, funtonal lie awritten appeal nod include an appeal fee ot 51,02700 with the City Cleelcwithlr fifteen(IS) caaeodacdaysofsuch action. Any parson chaalengirgartions otthe Planning Comntlnionmay be limited to issues inc or smnenne else raises in wrinmg prior loon nraII5 31 Ihe hearing Atncnions on Local Coantal Deselnpmerl petmilsneawaed ot the ippealableanea boundary (na-MonS00kofeoahllntwd raeanhighbtdelinc) nayheupunealed byany aggrieved penon totheCeaslalCemminniort In compliance with the Anlelicons with DisabiliLy Act, if you need special ascislartce to paa’Ricipate in this meeting, please coentact Denise Raclde, City Clerk (310) 510-0220. Notifita!ibn 48 hours prior to the meeting will enable (he City to make reasonable arrangements to ensure accesnibi)i(y to this meeting. (28 CFR 35. 102.35.104 ADATntIe It). All pubiic records relating loan agenda item on this agenda are available for the public inspection at the line the records are distributed to all, ora majority ofall, members of the Platnning Conannission. Such records shall be available toCity I lall locabod at 410 Avalon Canyon Road.

Feina)% Mnntn 4. 2022:

PLANNING COMMISSION

CITY OF AVALON

NOTICE OF PUBLIC HEARING
APRIL 20, 2022 at 5:00 p.m.

NOTICE IS HEREBY GIVEN that the Avalon Planning Commission vill hold a PUBLIC HEARING to consider the following items at a meeting to be held on April 20, 2022 at 5:00 p.m., in the COUNCIL CHAMBERS AT 410 AVALON CANYON ROAD. AVALON,CALIFORNIA and as noted below due to the coronavinis disease 2019 (“COVID-19”) circumstances.In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title 11). 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 Planning Commission. Such records shall be available at City Hall located at 410 Avalon Canyon Road.Dtie to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (CaIOSHA). 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 SIIALL GENERALLY BE AVAILABLE TO TIlE PUBLIC REMOTELY. The general public mm attendthe meeting in the Comic/I L’iian,he,s however nuts! adhere to social distancing iequirenieius citul near a mask or face covering a/all times. The public is encouraged to watch and participate fromthe safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the genera] public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communicationand address the Planning Commission on an agenda item in-person by waiting in the City HallCourt Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. All individuals entering the Council Chambers must wear a mask or face covering at all times.

Additionally, the general public may participate in Oral Communication and address the PlanningCommission on an agenda item by providing comments via c-Comment.

The meeting cart be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: x,. v.w.c \uH\.LJtco:1_mi
*Streallling on Faeebook Live: acebook.cum Cl t’ ( )l \ \a1oI ( )flicial To submit comments using eCommnent, please follow this link:
h tt p s •. 1; avalon.ra ii ic usid ens .eii Hi

1. A Public 1-learing and consideration of a Rcsolution for an application for Conditional Use Permit, Site Plan, and Coastal Development Permit to convert a eththing slore into an ice cream shop. The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and Planning Commissionapproval. The Planning Commission will determine whcthcr the project is within the 300- foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alteration in Land Use Li mitati on s.

Owner: George AdamsApplicant: Cameron Crockett
Filing Date: 02:25/2022
Location of Project: 103 Pebbly Beach Road
APN: 7480-005-019
PC#: 2789Zone: Commercial Zone

2. A Public Hearing and consideration of a Resolution for an application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of aroom or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Code) iti unit 82 Playa Azul, located in building seventeen (17) of the Hamilton Cove Condominiums and approving a resolution. The project is in the Coastal Zone and is subject to a Coastal Development Pennit. which requires a public hearing and Planning Commission approval. The Planning Commission will determine whether the project iswithin the 300-foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Mark and Carol Forbush
Filing Date: 04/01/2022Location of Project: Unit 82 Playa Azul, located in building 17 of the Hamilton Cove Condominiums
APN: 7480-048-033
PC #: 2790
Zone: Low-Density Residential

3. A Public Hearing and consideration of a Resolution for a Zoning Ordinance Amendment and General Plan Amendment for a City owned residential property located at 206 EastWhittley. This application includes changes to the Zoning Map and Genera] Plan Land Use Designation from Commercial to Multiple Residential. High Density. 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 will determine whether the project is within the 300-foot appealable seaward area boundary.

The project is Categorically’ Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 & 15183.

Owner/Applicant: City of AvalonFiling Date: 04/01/2022
Location of Project: 206 E Whittley
APN: 7480-018-909
PC#: 2790
Zone: Commercial (C)
Members fiom the Public who would like to address the Planning Commission may appear at the public hearingduring the consideration of this item and state their opinion. Written comments may also he submitted to the Planning Department. attention Susanna Gutierrez. Assistant Planner. P.O. Box 707, Avalon, CA 90704. prior to the Planning Commission’s consideration of the item.

Anyone may appeal any decision made by the Commission to the City Council. To appeal. you must file awritten appeal, and include an appeal fee of 51.02700 with the City Clerk within fifteen (15) calendar days of such action. Any person challenging actions of the Planning Commission may be limited to issues he orsomeone else raises in writing prior to or orally at the hearing. All actions on Local Coastal Development permits seaward of the appealable area boundary (within 300 ft. of established mean high tide line) may be appealed by any aggrieved person to the Coastal Commission.

By: Susanna Gutierrez Posted: City FlaIl: April 8. 2022 Assistant City Planner Published: Catalina Islander: April 8. 2022

CITY OF AVALON
Master Planning Application
INITIAL FEES:

Permit
Received_By
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APPLICANT
NAME: JZC An.4ô 4ic

PROPERTY OWNER (IF NOT APPLICANT)
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MAILING ADDRESS:

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PRIMARY PHONE:

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SIGNATURE:

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ADDRESS: ,Z/ tA.c” çy4O/ ZONING:__________________________________________PROPERTYSIZE: 4f%,$7’- GENERALPLAN:

PRESENT USE OF LAND: ,Y,’v’ce-C flQ,q/U’ APPROVED: DATE:_______________ WATER SUPPLY: RELATED FILES:COASTAL 0EV: NOTES:__________________________________________ FLOOD ZONE:

DESCRIPTION OF PROJECT:

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Avalon City HaIl -410 Avalon Canyon Road - P.O. Box 707- 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, Bart Glass, You 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 262 East Whittley there was a non-conforming two-story structure that encroached approximately seven feet into the required ten-foot set-back bordering the neighbors oi 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 down without a demolition permit. The old structure contained hazardous mMerials. 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
& 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 ri both area and in volume. In this neighborhood, a ten-foot set-back is required. See AMC Article 7, 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 permission 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 project 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 new 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 April20 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 CommLssioners 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 propertythe 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 mad5 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 neigh horhood.
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 come.

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 owner’s 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 1 0-foot set back at 261 East Whittley Avenue at their meeting on 4/20/2022.

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 nulilfied.

The Slaft Report also stated that the Setback Variance in question for this project was not originally noticed, discussed or approved at either ci the past two (2) hearings prior to approval.

The Report goes on to describe that after being issued a building permit on 9/4/21, it was the owners ot the property at 261 East Whitfley who had determined that the necessary improvements needed to keep the second building were infeasible and they had made the decision to demolished the entire structure.

When the applicants decided to aher their plans and demolish the entire building! they immediately lost their legal non-contorming status. They also had the oppoltunlty to review the Avalon Municipat 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 selback requirements. Through tue 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 our lives, 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 buffer zone for the protection of adjacent properties tn the event of a fire or other emergency. Setbacks also provide a relatively sate access zone for lirelighters and emergency personnel. The safety aspect of setbacks is even rrore 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 of the City, the property at 261 East Whittley has now clearly become one ol 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 line for their own personal gain and to the detriment of the surrounding property owners who have all vehemently objected 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 conforms to the 10’ setback requirement.

On the other hand we, and many of our surrounding neighbors, are not asking our city represenlahves For any special permission. We are only asking that yo honor and enlorce 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 f he Avalon City Municipal Code.

Again, we respectfully request that you overturn the decision of the Avalon Planning Commission that (without a full corrpllrnent of members present) had narrowly granted the request for a Setback Variance at 261 East Whittley and take into consideration the appeals of the surrounding property owners who are asking that, in this case, the City Council adhere to the set back rules as per the Avalon MuniDipal Code.

Thank you for your time and consideration.

Sincerely, • .
.4 ã44 Ot&t Wdka&.-’
Richard and Leslie Warner I
S06 Whittley Ave.

Avalon, CA, 90104
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 Marshal), 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, Ic. ‘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 grandfathered 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 tots. 3. The idea that the delays are in any way a financial hardship, is out-of bou. The granting of this variance was a precedent setting vote and DOES open the door for future similar votes thereby setting aside the ‘ RULE OF LAW.’ Any future applicant could site this decision and base their hardship argument for a variance anplication based on 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, April 17, 2022 9:25 AMTo: Rocio DeLaCruzSubject: 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 WhitNey:

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 the Legal setbacks.

Since the existing building that was close to my property line at 248, 250 Whittley was demolished it is my understanding that once the owners remove and Demo the house then they lose all 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
1 /
To:

Hi Charlie
L1
FJ
You
This is a copy of the letter matt sent to the planning commission for your file Thanks Jan
Sent from my iPhoheBegin forwarded message:

From Matthew Sullivan <matt@mkspainting corn>
Date April27 2022 at 42620 PM PDT
To Jan Valentine czjLvalntine@5ao corn>
Subject: Fwd: 261 F Whittley setback Variance PC #2783
SentfrommyiPhone *Begin forwarded message:

From: ‘Matthew Sullivan” </O=EXCHANGELABS/OU=EXCHANGEADMINISTRATWE GROUP (FYDIBOHF23SPDLT)/CN=REC1PIENTS/CN=58D5B3C525D04939AB7F208E08D25854- MATT> Date: March 16, 2022 at 5:01:31 PM PDT
Subject 261 8 Whittley set back Variance PC #2783
I am MattSullivan a next door neighbor at 257 E Whittley I am concerned that this project is 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 Jan Valentine <[email protected]>
Wed 4/27/202Z 4:28 PM
ri
Any other tree or shrub around him that may have effected his view

CITY OF AVALON CITY COUNCIL
MEETING DATE: June 21, 2022 ADENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: David Maistros, City Manager
SUBJECT: Public Hearing Continuation Regarding an Appeal to 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. Continue the matter for hearing to a date certain (July 19, 2022).

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 and a Setback Variance at 261 E. Whittley.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.

A public hearing was conducted at a regular City Council Meeting on June 8, 2022. After significant discussion, City Council requested more information and to have the matter continued to the next regular City Council meeting.

Due to the volume of material and information requested, and as discussed with appellant, City Staff recommend opening and continuing the matter of the appeal at 261 E. Whittley to the July 19, 2022 City Council Meeting.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: Undetermined.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will not have the information needed to make a fully informed decision.FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENT: None.
1 CITY COUNCIL MINUTES
JUNE 8, 2022
PAGE 3

8. Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley

1. Mayor Marshall opened the Public Hearing, public comments were heard and Mayor Marshall closed the Public Hearing.

2. After much discussion, City Council requested to review all the transcripts or recordings of the testimony and all other evidence upon which the Commission made its decision. The Public Hearing will continue at the June 21, 2022 CityCouncil meeting.

Motion to approve made by Cinde Cassidy, seconded by Lisa Lavelle. (All Ayes)
Mayor Marshall adjourned the meeting at 8:04 p.m.I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of theRegular City Council Meeting on June 8, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.Gabrielle Morones, Deputy City Clerk I Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: June 8, 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 pubHc 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 otherevidence 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 matterfor 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 et seq. of the Avalon Municipal Code (“AMC”)) and a Setback Variance at 261 E. Whittley for the ongoing remodel of a duplexin the Medium Density Residential zone, categorically exempt from environmental review underSection 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. - April20, 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 finding the project exempt from environmental review.

However, after issued a building permit on September 14, 2021, it was determined that the 1 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 duringthe 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

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 variance and 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 to consider all information provided by City Staff, including analysis provided in Staff Report,construction plans, and written comments provided by neighbors.

3. The request was considered over two meetings to provide Planning Commissioners adequate time to thoroughly consider the request.

4. On April20, 2022 Planning Commission accepted Staff’s recommendation to approve the Site Plan and Setback Variance.
2 5. Planning Commission adopted Resolution 22-08, granting the variance and noting the projects exemption for CEQA, compliance with AMC 9-8.203, 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
3 CITY OF AVALON

PLANNING COMMISSION MINLTES
WEDNESDAY. APRIL 20,2022
CALL TO ORDER 5:00 PM.

PLEDGE OF ALLEGIANCE
ROLL CALLPresent (6): Chairman Huart, Vice-Chairman Glass Commissioners: Smith, Fertig, Say and Putnam
Absent (I) Commissioner KennedySTAFF PRESENT
City Attorney/Via Video Conference, Isaac Rosen, City Manager, David Maistros, Assistant City Planner. Susanna Guticrrez. Audio/Video. Jamie [-Irneilak

CONSENT CALENDAR
There were two (2) items on Consent Calendar.

1. Minutes
Approval of minutes from the March 16, 2022 regular Planning Commission Meeting.

Approval of minutes from the March 21, 2022 regular Planning Commission Meeting.

Motion to approve item one (1) minutes on consent calendar made by Chairman Huart,seconded by Vice-Chairman Glass.

Ayes (6): Chairman 1-luart, Vice—Chairman Glass
Commissioners: Smith, Say, Putnam and Fertig
Absent (I): Kennedy

2. Finding to Continue to Hold Remote Teleconference/Virtual Planning Commission Meetings Pursuant to Assembly Bill 361.

At the November 17, 2021 Planning Commission meeting, the Planning Commission ofthe City of Avalon made the finding pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice. it is required, that the Planning Commission determinethat COVID-l9 state of emergency proclaimed by the Governor s:ilI exists and has beenconsidered by the Planning Commission in deciding to continue to have teleconference meetings and that state of local officials have imposed or recommended measures to promote social distancing in connection with COVID- 19, and that as a result of COVID 19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because of these findings must be made every thirty (30) days. the PlanningCommission ‘viii have to make these findings at its upcoming February 16, 2022 meeting and thirty (30) days thereafter.

Motion to no longer continue holding remote teleconference/virtual Planning Commission Meetings pursuant to Assembly 361 made by Commissioner Smith, seconded by ChairmanHuart.

Ayes (3):

Commissioner: Say, Putnam and Glass
Neys (3)
Commissioners: Smith, Fertig and Htiart
Absent ( 1): CornTrlissioner Kennedy

GENERAL BUSINESS

1. Request for approval ofa Site Plan (Section 9-8.201 et seq. of the Avalon Municipal Code (“AMC”)) for the remodel of an existing multi-family dwelling, categorically exempt from environmental review under Section 15301 of the State CEQA Guidelines — Existing Facilities. The Planning Commission will consider staffs recommendation the project isin the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal (‘ode section 9-8102(h)(2).

Owner/Applicant: Monica & Tim Canby
Filing Date: 02/01/2022
Location of Project: 208 Whittley Avenue
APN: 7480-027-006
PC#: 2788
Zone: High Density Residential
Motion to approve an application for a Site Plan (Section 9-8.201 et seq. of the Avalon Municipal Code (AMC)) for the remodel of an existing with an existing multi-family dwelling made by Commissioner Fertig, seconded by Commissioner Smith.

Ayes (4): Vice-Chairman Glass.

Commissioner Kennedy, Smith. Fcrtig and SayAbsent (1) Kennedy Abstained (2) Chairman Httart and Commissioner Putnam
PUBLIC HEARINGS:

Chairman Huart abstained from Item #1 of the Public Hearing items due to proximity.

Item #1 on the Public Noticc was removed from the 03-16-2022 Planning CommissionAgenda and scheduled to be continued on the 04-20-2022 Planning Commission Meeting.

1. A Public Hearing and consideration of a Setback Variance for an ongoing remodel of a duplex in the Medium Density Residential zone, in order to correct an error in the entitlements that were deemed necessary at the time. No other changes are proposed to the plans included in PC Staff Report 271 1 approved November 20” 2019. with theexception of the setback variance. The Planning Commission issued a Coastal Development Permil on 8/27/19, which will not be affected by the issuance of this Variance. The project is Categorically Exempt under Section 15301 of the State CEQAGuidelines — Existing Facilities.

Owner/Applicant: Scott Vanevery
Filing Date: 02;08;2022Location of Project: 261 F. Whittley.

APN: 7480-027-020PC #: 2783
Zone: Medium Density Residential
Motion to hold over Item #1 from the 03/16/2022 Planning Commission Meeting and be to be continued on the 04/20/2022 Planning Commission Meeting made by Commissioner made by Commissioner Fertig, seconded by Commissioner Kennedy.

Ayes (6): Acting Chairman GlassCommissioners: Kennedy. Smith. Say, Fertig. and Putnam.

Abstain (I): Chairman Huart
Commissioner Putnam abstained from Item #2 of the Public Hearing items due to l’°”’y

2. A Public Hearing and consideration of a Resolution for an application for Conditional Use Permit, Site Plan, and Coastal Development Permit to convert a clothing store into an ice cream shop. The project is in the Coastal Zone and is subject to a Coastal DevelopmentPermit, which requires a public hearing and Planning Commission approval. The Planning Commission will determine whether the project is within the 300-foot appealable seawardarea boundary. The project is Categorically Exempt tinder Section 15305 of the State CEQA Guidelines — Minor Alteration in Land Use Limitations.

Owner: George Adams
Applicant: Cameron Crockett
Filing Date: 02.25/2022
Location of Project: 103 Pebbly Beach RoadAPN: 7480-005-019 PC #: 2789Zone: Commercial Zone
Motion to approve: A Conditional Use Pcrmit, Site Plan, and Coastal Development Permit to convert a clothing store into an ice cream shop made by Vice Chairman Glass seconded by Commissioner Say.

Ayes (6) Chairman Huart, Vice Chairman Glass Commissioners Say, Smith, Fertig, Putnam.

Absent (1) Kennedy

3. A Public Hearing and eonsideraLion of a Resolution for an application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Code) in unit 82 Playa Azul. located in building eight (8) of the Hamilton Cove Condominiums and approving a resolution. The project is in the Coastal Zone and issubject to a Coastal Development Permit, which reqttires a public hearing and Planning Commission approval. The Planning Commission will determine whether the project iswithin the 300-foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in LandUse Limitations.

Owner/Applicant: Mark and Carol ForhushFiling Date: 04/01/2022 Location of Project: Unit 82 Playa Azul, in buildingS of the Hamilton Cove Condos APN: 7480-048-033PC#: 2790Zone: Low-Density’ Residential Motion to approve transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Code) in unit 82 Playa Azul, located in building eight (8) of the Hamilton Cove Condominiums and approving a resolution made by Commissioner Fertig seconded by Commissioner Smith.

Ayes (6) Chairman Huart, Vice Chairman Glass, Commissioners Say, Putnam. Smith,Fertig Absent (1) Commissioner Kennedy

4. A Public Hearing and consideration of a Resolution for a Zoning Ordinance Amendment and General Plan Amendment for a City owned residential property located at 206 East Whittley. This application includes changes to the Zoning Map and General Plan Land Use Designation from Commercial to Multiple Residential. High Density. The project isin the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and Planning Commission approval. The Planning Commission will determine whether the project is within the 300-foot appealable seaward area boundary.

The project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 & 15183.

Owner/Applicant: City of AvalonFiling Date: 04/01/2022
Location of Project; 206 E Whittley
APN; 7480-018-909
PC#: 2791
Zone; Commercial (C)
Motion to continue Item number 4 on the public hearing to the May 18.2022 Planning Commission Meeting made by Vice Chairman Glass seconded by Commissioner Say Ayes (6) Chairman Fluart. Vice Chairman Glass Commissioners Say. Putnam. Fertig.Smith

ITEMS OF DISCUSSION
None

PLANNING DIRECTORICITY ATTORNEY REPORTS
None

COMMISSIONER BUSINESS
None

BUSINESS FROM THE AUDIENCE
None
ADJOURN: 6:57pm

AVALON PLANNING COMMISSION
STAFF REPORT -PC# 2783
Wednesday, April 20, 2022
Application File: Setback Variance; Site Plan
Submitted by: Susanna Gutierrez, Assistant Planner
Project Title: Request for approval of a Site Plan (Section 9-8.201 et seq. of the AvalonMunicipal Code (“AMC”)) and a Setback Variance for an 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.

Owner/Applicant:Filing Date:

Location:APN:Zone:

Scott Vanevery
02/08/2022
261 E. Whittley.
7480-027-020
Medium Density Residential
Item No. 1 -Public Hearing

BACKUROUND
Ciii March [6, 2022 the Planning Commission ot the City ofAvalon conducted a duly noticed public hearingat a ieguarly scheduled meeting considering the AppI cation at which time all persons wishing to testit in connection with the Application were heard. At [hat meeting. the Planning Commission contniud the public hearing on these matters to the next regularly scheduled meeting on April 20th, 2022 in ordei toprovide comm iss oilers more time to review tile record on Ui is item Vicinity Zoning:Pnblic Comment:
a See Attachment 3
Previous Review:

P/wining Commission, March 16, 2022, PC# 2783:Request for approval of a Site Plan (Section 9-8.20 I et seq. of the Avalon Municipal Code (“AMC”)) and a Setback Variance for an 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.

P/mining Commission, July 17, 2019, PC* 2698:

A Public Hearing for a Site Plan to renovate an existing duplex with four bedrooms into a four hcdroom single family dwelling. The project included the addition of 974 square feet.Planning Conunission. ;Vov. 20, 2019, PC #271]:

An application for a Site Plan, Height Variance (for a chimney) and Coastal Development Permit to remodel a duplex by adding 125 square feet total division between three bedrooms, changing the roof pitch ad adding two off street autoette parking spaces. The project is in the Coastal Zoneand is subject to a Coastal Development Permit, which requires a public hearing and PlanningCommission approval. The Planning Commission will determine whether the project is withinthe 300 foot appealable seaward area boundary. The project is Categorically Exempt underSection 15301 of the state CFQA Guidelines — Existing Facilities.

Project Description:

A Public Hearing and consideration of a Resolution for an application for a Setback Variance andsite pian review for the ongoing remodel of a duplex in the Medium Density Residential zone at261 East Whittley. No other changes are proposed to the plans included in PC Staff Repoti #2711approved November 20th 2019. with the exception of a setback variance.

DISCUSSLON
The lvo—utut property as ortgtnal[v built as a
single family dv:elling hii 1950. later becoming a
muhi family residence in 1961. The previouslyapproved p]ans included the remodel of ar existing nonconlurming structure encroaching up
to three (3) feel of the rear properly line and
directly adjacent to the western property line.
where the standard setback requirement for thiszone is ten (1 0) feet, The subsequent newconstruction maintains a three (3) foot setback, which is currently in the stage of preliminary
foundation preparation (excavationi•footitgs). The
original construction plan included remodeling the
rear property with the intent of maintaining its
nonconforming status (see proposed demolition plan attached). However, after issued a buildingpermit on 9/14/21, it was determined that the necessary improvements to retain the second buildingwere infeasible, and the entire structure was demolished. The owner’s intent is to move forward with the construction as previously rcviewed and approved. They have prepared the followig statement to be included in this report:
lie/la Susanna:

I am in receipt qf your legal letter advising me that you legally have to go through a variance meeting nor will you charge inc anything/or it. I wish that the following facts he included at this unconscionable meeting:

I. The City strongly recommended that the existing building he moved over three feet to have a buffer between properties. For the last 60 years it was built on the property line.

2. The current plan was drawn up with the 3 foot setback.3. In order to make the 3 foot side lard, the existing structure had to BE 10KV DOWiV4. The new plan was submitted to the Cit accepted, and the building that “as Grancifathered as legal was TORN DOWN5.No mention of any Variance was every stated no; required. The existing plan was accented in its entirety We paid almost 530. 000for permits andtoidio build the submitted plan. At any time, had we been told our building would be 7 feet shorter (losing two bedrooms,) we would have built on the old building and it ‘s foundation that \4’aS already Grandfathered in and legal where it sat ,for 60 years! / guess, ‘No good deed goesunpunished iaking huge building decisions a/icr she face where buildings have been torn aoi’ti is wrong. ) on sai’ozi must have this n2eetng. then do it, hut piease incizide these coinineizis.

Thank-von,
Scott and Bea Van Every
GENERAL PLAN. LAND USE, AND ZONJNG COMPLIANCE
Variance;
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. AMC Section 9-7.403(b)(8) specifies “no structure or part ofa structure not specified above may project into required setbacks without the granting of a 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 requiredten (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 below.

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 zoning ordinance will result in unnecessary hardship asfolloivs:The home owner would have to halt construction, modify the existing building plans that werepreviously approved, resubmit to the City and complete an additional plan check. b,) There are exceptional circumstances that apply to development ofsaidproperty which do not apply to other property in the neighborhood. While the property doesn’t qualify 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 instability of the preexisting structure. Despite theproperty owner’s original intent to maintain the preexisting structure’s nonconfonnity, the relocation and ultimate demolition of the entire building resulted from exceptional circumstances.c) The granting ofthis Variance will not be detrimental to the public welfare or neighborhood property because: The structural footprint will remain almost exactly as it has existed since original construction.
ci) Granting ofthis Variance will not be contrary to the objectives ofthe Local Coastal Programas adopted because: A NOFA was filed to the California Coastal Commission in 2019 for theentire scope of work.

Site Plan:The project requires site plan approval as the requirement of a variance disqualifies it as a “minorrenovation” as defined in the rn unicipal code. necessitating Plarming Commission review. AMC Section 9-8.203 requires that the Site Plan be approved based upon the following factors andprinciples. These factors and conesponding explanations are below:
(a) Every use, development ofland and application of development standards shall take place in compliance with all applicable provisions ofthis title. The proposed project complies with all the dcvclopnwnt standards fir the Medium Density zone with the exception of 11w non— conlonnirig setbacks — the nexus of this Variance application. (bj Evety use, development of land and application of development standards shall beconsidered on the basis of the suitability of the site for the par/icular use or development in— tended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid trqfJIc congestion, insure the protection ofpublic health, safety and general ire/fare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan. The proposed project involves an existing 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 Avalon General Plan and its objectives of providing quality housing. After existing as nonconforming for close to 50 years, the granting of this application will have a limited effect on the character of the neighborhood. Furthermore. the full demo!ition!replaccment of the suhpar structure minimizes blight and abates any potential public safety hazards.
(c,) Every use, development ofland, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of arch itecture. No change in the approved design is proposed.

ENVIRONMENTAL DETERMINATION
CEQA:

The proposed project is Categorically Exempt under Section 15301(e) of the State CEQA Guidelines — Existing Facilities.
“e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1)50 percent 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 public 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, but outside of the 300’ appealable seaward area boundary, and was previously issued a Coastal Development Permit in 2019.

RECOMMENDATIONS
Staff recommends the Planning Commission adopt Resolution No. 22-08 (Attachment 1), which xviH:

Find the project exempt from environmental review in accordance with the CaliforniaEnvironmental Quality Act (“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 Plans3. Public Comment
Attachment 1: PC Resolution 22-OS

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON,

CALIFORNIA, GRANTENG AND APPROVING A SITE PLAN ANI) SETBACE VARIANCE FOR 1 HE REMODEL OF AN EXiSTING RESIDENCE AT 261 F WHITTLEY; APN 7480-027-020
WHEREAS, Scott Vanevery (“Applicant”) filed an application (“Application’) for a site plan approval regarding the remodel of a property located at (“Site”); 261 East Whittley Avenue. Avalon,California, further described as assessor’s parcel number 7480-027020, in the Medium Density Residential Zone; and
WHEREAS, a setback variance was deemed necessary by staff after additional review of the Application (site plan and setback variance are collectively ‘Project”) and monitoring of ongoing construction activities, which resulted in the nullification of specific legal nonconforming conditions on theSite; and YHERES, 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 conidering the Application at which time all persons wishing to testify in connection with the Application were heard andthe Application was comprehensive]v reviewed: and WHEREAS, on March 16, 2022 the Planning Commission of the City of Avaon (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled ieeting considering the Application at which time all persons wishing to tes1i• in connection with the Application 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 to provide commissioners more time to review the record on this item; 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 reviewed; and WHEREAS, pursuant to Title 14, California Code of Regulations, section 15367, the City of Avalon is the lead agency for purposes of the Project; and WHEREAS, the proposed improvements will not have any growth inducing effect and does not create the need for additiona employees, thus the project is allowed by the 2022 Growth Policy; and WHEREAS. 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 that the Project iscategorically exempt from CEQA tinder the following provisions:

Section 15301(e) of the State CEQA Guidelines — Existing Facilities. (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2500 square feet, which ever is less; and
WHEREAS, the project is located in the Coastal Zone, but outside of the 300 feet appealable seaward area boundary, and was previously issued a Coastal Development Permit in 20 9; and WHEREAS, all other legal prerequisites for the consideration of the Site Plan and Setback Variance have occurred.

NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as folloxs:

Section I. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AiMC 9-8.203, and based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth below, the Planning Commission approves the Size Plan subject to the conditions set forth in the attached Exhibit “A” (a) Every use, development of land and application of development standards shall take place in compliance will, all applicable provisions of this 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.(b,) Every use, development ofland and application ofdevelopment standards shall be considered on the basis of the suitability of the site for the particular use or development in-tended, and the total development, including the application ofprescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, preventadverse effects on neighboring property and shall be hi general accord with all elementc ofthe General Plan. The proposed project involves an existing 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 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 the neighborhood. Furthermore, the full demolition/replacement of the subpar structure minimizes blLght andabates any potential public safety hazards. (ç) Every use, development of land, application of development standards shall be considered on thebasis ofsuitable andfunctional development design, but is not intended thatsuch approval be interpretedto require aparticular style 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 evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission grants a setback variance, subject to the conditions ofapproval set forth in the attached Exhibit “A.”q) 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, restibmit to the City and complete an additiona plan check. b) There are exceptional circumstances that apply to development ofsaidproperty which do not apply to other property in the neighborhood. While the property doesn’t quali’ as a ‘hillside lot” according to itsfront/rear elevations, the topography varies throughout and slopes dramatically at this location, whichcontributed to the overall instability of the preexisting structure. Despite the property owner’s original intentto maintain the preexisting structure’s nonconformity, the relocation and ultimate demolition of the entire building resulted from exceptional circumstances.
ç) The gitnting oft/u.s )‘oJiu?ce Il/Il not he cletriinenu,I to the pub/ic welfare’ or neiglihorhoodproperri. became: -l he sirLictural lo:tp; will remain a]rnosl exactly as it has existed since :viginal consnuciion. 4,, Granting of this Variance a/il not be contrari’ to the objectives of the Local Coastal Program as adopter! because: A NOFA was filed to the Califcrnia Coastal Commission in 2019 for [lie entire scope of work.

Section 3. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planri i ng 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 takenunless 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 Comnnssion shall certi’ the adoption thereof BE IT PLRTFIER RESOLVED that a copy of this Resolution be delivered to the City Clerk of Avalon and a copy he sent to the Applicant at the address set forth in the appication.

PASSED, APPROVED AND ADOPTED this 201 day of April, 2022.

Chairman Eric 1-Juart
ATTEST:

Dave Maistros, City Manager

CERTIFICATE
I. Rocio Dc La Crtiz, hereby certify that the foregoing Resolution 22-08 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 20’’ day of April, 2022, by the following vote, to wit:AYES.

NOES:

ABSENT:ABSTAIN:

Rocio Dc La Cruz, Planning Administrative Assistant
Exhibit “A”
Conditions of Approval
261 East Whittley Avenue
The following conditions are specjfk to PC Application #2783:

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. The 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 theestablishment, operation or maintenance of the requested use.

The folio wing conditions require additional action by or documentation from, the applicant before building permits can be issued:The California Department of Fish & Wildlife filing fee shall be submitted as required byCalifornia Environmental Quality Act (CEQA) statute, Section 21089(b) and Fish and Game Code Section 711.4. The fee should be paid within five (5) days of approval of the environmental filing at theLos Angeles County Clerk’s Office. Once fees have been paid, the applicant shall submit a copy of all documentation to the City of Avalon, verifying the fees have been paid. Said permit shall not become valid, vested or operative until the fee has been paid.

No development, including demolition/construction work, shall commence on the subject property until appropriate permits have been applied for and obtained from City of Avalon Building and Safety Department.If applicable, confirmation is provided by SCE that this project will not require additional fresh water.Projects resulting in demolition of existing structures or projects exceeding $75,000 in value must provide certification of the condition of the sewer lateral before building permits can be issued.

Projects involving structures constructed before 1979 and that requires any demolition, must be assessed for the presence of asbestos, lead and other hazardous materials which shall be handled in accordance with applicable State codes. Copies of inspection results and shipping manifests (when disposal is required) must be provided prior to issuance ofa demolition permit or building permit.

Projects requiring excavation and/or grading in a mapped archeologically area defined in the CulturalResources 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 building permit.

Projects requiring excavation in the public right of way must obtain excavation permits prior to or simultaneous with the issuance ofa building permit.

Projects subject to payment of Long Beach Unified School District fees must provide proof of payment or exemption prior to issuance of the building pernut.

I he lot/n ivinq COFIL/JIIOIIS ippli’ to all proj&.R
Tue project shall he under construction (defined as foundations in and framing in progress)within 36 months of this approval or all peinilts will be nuJI and void.

Projects located in the floodplain as defined by the FIRM (Flood Insurance Rate Map), must provide abase flood elevation certificate for the nex or substantially improved structure resulting from this application before a building pennit can be issued.

Legal lot status must be verified in compliance with local and state subdivision laws, including the Subdivision Map Acz (‘SMA”) prior to the expiration of this project approvaL Should any land division violation be determined, the applicant may request a Certificate of Comp]iance to create a buildableoarcel.

If the City discovers that material facts were not disclosed by applicant or that facts provided by the applicant were different than represented, thc City may impose additional conditions of approval to mitigate any adverse impacts. The Planning Commission may revoke or modify the approval in the futul-eif the Commission finds it to be detrimental to health, safety, comfort, genera] welfare of the public; constitutes a public nuisance; if the perniit was obtained or is being used by fraud; and/or if one or more the conditions upon which a permit was granted are in noncompliance or have been violated.

The project shall be developed and maintained in strict accordance with the approved pans unless written approval is given by the Planning Department.

This approval does not abrtdge or supersede the regulatory powers and perniit requirements of any federal, state, or local agency reqrdren’ents. which may retair a regulatory or advisoi’ function asspecified by statute 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. The applicant shall obtain and maintain permits as may be required from 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 be 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 btisiness licenses incompliance with all local, state, and federal laws allowing them to work in the City.

Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.

Approved flue salls shall be constructed as required by the adopted Stu Iding Code.

Fire Suppression system is renuired if the project is for:
a) New Structure; or
b) Rehabilitation, remodeling or reconstruction of twenty five percent (25%) 01 more of the gross square footage of an existing commercial or multiple unit residential building or structure or c) Rehabilitation, remodeling or reconstruction of fifty percent (50%) or more of the gross square footage of a single unit residential building or structure and the cost of the work is more than S 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 buildingor result in a building being held open to the public where the prior use was for private purposes only. This could include changes from principally permitted to conditionally permitted uses, but excludes the conversion of a single family residence from transient to non-transient rental or from non-transient to transient rental. The requirement shall apply to changes from commercial to residential, or residential to commercial, but would not include expansions ofexisting commercial uses, such as the addition of table service at an existing coffee bar or the addition of service of liqcor at a restaurant.’
e) Work has been done without City permit(s) and City’ files do not contain information to enable us to determine extent of changes to building. In order to avoid an order to install a firesprinkler system, you must provide valid documentation of the structural plan as it existed priorto the un-permitted ork The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a lieathy 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 or construction materials shall he lawfully disposed of.

Non-potable sater nnst 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, including the design and construction of sewer connections and laterals.

Structural drainage shall be pro ided by use of roof gutters and downspouts which allow for proper drainage away from the foundation of any structure and which do not cause any pooling of standingwater.

All plans and specifications must be approved by the City of Avalon Building Department prior toconstruction begirming.City staff shall review and approve location, size and noise output of any mechanical devices.

Any changes mandated by the City of Avalon Building Department that would require an amended siteplan must be 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 feet inwidth, if applicable:
• Public utilities easement• Water line easement
• Se\\ei laciliHes caseineiit
• Landscape easci neiit• Storm drain easenmenr
Aims existing pu hI ic improvements which are damaged as a resuli of construction regarding the project shall be repaired or replaced to the satisfaction of Cit5 staff am the Owner/Applicants sole cost before acerdficate of occupancy can be issued.Owner/A pplmcammm agrees to indemnify, defend, and hold the City harmless, with counsel reasonabls acceptable to the City, hem costs and expenses, including attorney fees, incurred by the City or held tobe the liability of the Cit5 in connection with the City’s defense of its actions in any proceeding brought in any State or Federal court challenging the City’s actions with respect to the project. Owner/Applicant understands and acknowledges that the City is urde: rio 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, tobe resolved prior to issuance of a certificate of occupancy, even if such Code violations are unrelated tothe project.

Project must comply with all mitigation measures noted in any related environmental assessmentsperformed in connection with this project, prior to receiving a certificate of occupancy.All conditions of approval must he completed to the satisfaction of the City Planning Department prior to occupancy of the project.

Project applicant must pay the City all stattitory fees under the City’s fee ordinance, unless otherwise waived by the Director.

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Attachment 3: Public Comment
April 14, 2022To: 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. lam 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’s personal 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 theirexpectation 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.

S. 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 hack 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 exactly as 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, theoriginal 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.

CITY OF AVALON

PLANNING COMMISSION MINUTES
WEDNESDAY. MARCH 16. 2022
CALL TO ORDER 5:00 P.M.PLEDGE OF ALLEGIANCE
ROLL CALLPresent (7): Chairman I-mart, Vice-Chairman GlassCommissioners: Kennedy, Smith. Fertig. Say and Putnam

STAFF PRESENT
City Attorney/Via Video Conference, Isaac Rosen. City Manager, David Maistros, Assistant CityPlanner, Susanna Gutierrez, Administrative Assistant. Roeio Dc La Cruz , Audio/Video. JamieHmei lak

CONSENT CALENDAR
There were two (2) items on Consent Calendar.

1. Minutes
Approval of minutes from the February 6, 2022 regular Planning Commission Meeting.

Motion to approve item one (1) minutes on consent calendar made by Commissioner Kennedy, seconded by Vice-Chairman Glass.

Ayes (6): Chairman Huart. Vice-Chairman GlassCommissioners: Kennedy, Smith. Say and Putnam.

Abstain (I): Commissioner Fertig

2. Finding to Continue to Hold Remote Teleconference/Virtual Planning Commission Meetings Pursuant to Assembly Bill 361.At the Novemhcr 17, 2021 Planning Commission meeting. the Planning Commission of the City of Avalon made the finding pursuant to Assembly Bill 361 to continue to meetremotely. To continue this practice. it is required. that the Planning Commission determinethat COVID-19 state of emergency proclaimed by the Governor stiH exists and has beenconsidered by the Planning Commission in deciding to continue to have teleconference meetings and that state of local officials have imposed or recommended measures topromote social distancing in connection with COVID- 19, and that as a result of COVID 19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because of these findings must be made every thirty (30) days. the Planning Commission will have to make these findings at its upcoming February 16, 2022 meetingand thirty (30) days thereafter.

Motion to continue to hold remote teleconference/virtual Planning Commission Meetings pursuant to Assembly 361 made by Vice-Chairman Glass. seconded by Commissioner Smith.

Ayes (6): Chairman Huart, Vice-Chairman GlassCommissioners: Kennedy, Smith, Say and Putnam.

Abstain (1): Commissioner Fertig
GENERAL BUSINESSCommissioner Say abstained from Item #1 tinder General Business due to financial conflict of interest.

1. Request for approval ofa Site Plan (Section 9-X.201 et seq. of the Avalon Municipal Code LAMC”)) for frontage improvements associated with an existing multi-family dwelling. categorically exempt from environmental review under Section 15301 of the State CEQAGuidelines — Existing Facilities. The Plairning Commission will consider staffsrecommendation the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8. 102(b)(2).

Owner/Applicant: Cloy NasielCompanion Application: Encroachment Permit (City Council) Filing Date: 02/23/2022Location of Project: 215 Beacon Street APN: 7480-030-005PC#: 2786
Zone: High-Density Residential
Motion to approve an application for a Site Plan (Section 9-8.201 ci seq. of the AvalonMunicipal Code (AMC)) for frontage improvements associated with an existing multi family dwelling made by Vice-Chairman Glass, seconded by Commissioner Smith.Ayes (6): Chairman 1-luart. Vice-Chairman Glass, Commissioner Kennedy, Smith. Fertig and Putnam
Abstain (I): Commissioner Say
Commissioner Say abstained from Item #2 under General Business due to financial conflict of interest.

2. Request for approval ofa Site Plan (Section 9-8.201 et seq. of the Avalon Municipal Code (“AMC’)) for frontage improvements associated with an existing multi-family dwelling, categorically exempt from environmental review under Section 15301 of the State CEQA Guidelines — Existing Facilities. The Planning Commission will consider staff’s recommendation the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8.102(b)(2).

Owner/Applicant: Sue Rikalo
Companion Application: Encroachment Permit (City Council) Filing Date: 02/23/2022
Location of Project: 209 Beacon Street
APN: 7480-030-006
PC #: 2787
Zone: High Density Residential
Motion to approve a Site Plan application under (Section 9-8201 et seq. of the Avalon Municipal Code (“A\1C)) for frontage improvements associated with an existing multi family dwelling made by Vice-Chairman seconded by Commissioner Fertig.

Ayes (6): Chairman Huart. Vice-Chairman Glass
Commissioners: Kennedy, Smith, Fertig, and Putnam
Abstain (I): Commissioner Say
PUBLIC HEARINGS:

Chainnan Huart abstained from Item #1 of the Public Hearing items due to proximity.

Item #1 on the Public Notice was removed from the 03-16-2022 Planning Commission Agenda and scheduled to be continued on the 04-20-2022 Planning Commission Meeting.

1. A Pttblic Hearing and consideration of a Setback Variance for an ongoing remodel of a duplex in the Meditim Density Residential zone, in order to correct an error in the entitlements that were deemed necessary at the time. No other changes are proposed to the plans included in PC Staff Report #2711 approved November 20” 2019, with the exception of the setback variance. The Planning Commission issued a Coastal Development Permit on 827/19, which will not he affected by the issuance of tins Variance. The project is Categorically Exempt under Section 15301 of the State CEQA Guidelines — Existing Facilities.

Owner/Applicant: Scott Vancvery
Filing Date: 02’0X/2022
Location of Project: 261 F. Whittley.

APN: 7480-027-020
PC #: 2783
Zone: Medium Density Residential
Motion to hold over Item #1 from the 03/16/2022 Planning Commission Meeting and be to be continued on the 04/20/2022 Planning Commission Meeting made by Commissioner made by Commissioner Fertig, seconded by Commissioner Kennedy.

Ayes (6): Acting Chairman Glass
Commissioners: Kennedy, Smith, Say, Fertig, and Putnam.

Abstain (1): Chairman Huart
Commissioner Putnam abstained from Item #2 of the Public Hearing itenis due to proximi:y.

2. A Public Hearing and consideration of a Resolution for Setback Variance and Site Plan approval to allow the remodel of an existing portion of property within the City Right of Way and required front setback located at 201 East Whittley, subject to Planning Commission review and City Council approval in the High Density Residential zone. The Planning Commission will consider staffs recommendation the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8.102(b)(l). The project is Categorically Exempt tinder Section 15301 of theState CEQA Guidelines — Existing Facilities.

Owner Applicant: Marinus Pasveer
Companion App: Encroachment Permit (City Council)
Filing Date: 02/23/2022[ocation of Project: 201 E. Whittley APN: 7480-027-004
PC #: 2785
Zone: High Density Residential
Motion to approve a Setback Variance and Site Plan to allow the remodel of an existing portion of property within the City Right of Way and require front setback made by Commissioner Fertig, seconded by Vice-Chairman Glass.

Ayes (6): Chairman Fluart. Vice-Chairman Glass
Commissioners: Kennedy, Smith. Say. and Ferug.

Abstain (1): Commissioner Putnam
Commissioner Fertig abstained from Item #3 of the Public Rearing items due to proxirmty.

3. Public Hearing for an application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6602 (a) of thc Avalon Municipal Code) in a newly constructed unit located at 360 Eucalyptus Avenue. Unit 4. and approving a resolution. The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a ptihlie hearing and Planning Commission approval. The Planning Commission will determine whether the project is not within the 300-foot appealable seaward area boundary. Theproject is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner: George Paquette
Applicant: George Paquette and Cory Hoyt
Filing Date: 12/03/2021
Location of Project: 360 Eucalyptus Avenue, Unit 4APN: 7420-034-027 PC#: 2772
Zone: High-Density Residential
Motion application fbi a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental —Section 9-6.602 (a) of the Avalon Municipal Code) in a newly constructed unit located at 360 Eucalyptus Avenue, Unit 4, and approving a resolution made by Commissioner Kennedy, seconded byCommissioner Say.

Ayes (6): Chairman Huart. Vice-Chairman Glass
Commissioners: Kennedy. Smith. Say, and Putnam.

Abstain (I): Commissioner Fertig
Commissioner Fertig abstained from Item #4 of the Public Hearing items due to proximity.

4. A Public 1-learing for an application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Code) in a newly constructed unit within a duplex located at 336 1/12 Eucalyptus Avenue, unit 4 and approving a resolution.

The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and Platining Commission approval. The Planning Commission will determine whether the project is within the 300-foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Lawrence and Shari Farnighetti
Filing Date: 02/042022
Location of Project: 336 ½ Eucalyptus Avenue
APN: 740-034-055
PC#: 2779
Zone: High-Density Residential
Motion application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-5602 (a) of the Avalon Municipal Code) in a newly constructed unit within a duplex located at 336 1/2 Eucalyptus Avenue. and approving a resolution made by Commissioner Kennedy. seconded by Commissioner Say.

Ayes (6): Chairman Huart, Vice-Chairman Glass
Commissioners: Kennedy, Smith, Say, and Putnam.

Abstain (I): Commissioner Fertig
Commissioner Fertig abstained front Item #5 of the Public Hearing items due to proximity.

5. A Public Hearing for an application for a Transient Rental License and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Code) at 333 Eucalyptus Avenue, and approving a resolution. 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 will determine whether the project is within the 300— foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Gtndelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Kenneth and Peggy Hurley
Filing Date: 02/09/2022
Location of Project: 333 Eucalyptus Avenue
APN: 7480-033-012
PC#: 2780
Zone: High-Density Residential
Motion application for a Transient Rental License and a Coastal Deveiopmcnt Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 (a) of the Avalon Municipal Codc) at 333 Eucalyptus Avenue, and approving a resolution made by Vice-Chairman Glass, seconded by Commissioner Smith.

Ayes (6): Chairman 1-Juart. Vice-Chairman Glass
Commissioners: Kennedy. Smith. Say, and Putnam.

Abstain (1): Commissioner Fertig
Motion to continue the remainder of the items on the 03-16-2022 Planning Commission Meetingto be heard during the 03-21-2022 Special Planning Commission Meeting made by Vice-Chairman Glass, seconded by Commissioner Kennedy.

Ayes (4): Chairman 1-luart, Vice-Chairman Glass, Commissioners: Kennedy and Putnam Abstain (2): Commissioners Smith and Putnam
Absent (I : Commissioner Fcrtig

ITEMS OF DISCUSSION
None

PIANNING DIRECTORICITY ATTORNEY REPORTS
None

COMMISSIONER BUSINESS
None

BUSINESS FROM THE AUDIENCE
None
ADJOUR): 7:45 P.M.

A VALON PLANNING COMMISSION
STAFF REPORT — PC# 2783
Wednesday, Match 16, 2022
Item No. 1 -Public Hearing
Application File: Setback Variance; Site Plan
Submitted by: Susanna Gutierrez, Assistant Planner
Project Title: Request for approval of a Site Plan (Section 9.8.201 ci seq. of the Avalon Municipal Code (“AMC”)) and a Setback Variance for an ongoing remodel of a dupiex in theMedium Density Residential zone. categorically exempt from environmental re\iew under Section 15301 of the State CEQA Guidelines Existing Facilities.

Owner/Applicant:Filing Date:

Location:

A PN:

Zone:

Scott Vanevery
02/08/2022261 F. Whittley.
7480-027-020Medium Density Residential
- i- .v
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BACKGROUND
Previous Review:

Planning Commission, July 17, 2019, PC# 2698:

A Public Hearing for a Site Plan to renovate an existing duplex with four bedrooms into a four bedroom single family dwelling. The project included the addition of 974 square feet.

Planning Commission, Nov. 20, 2019, PC #271!::\n application for a Site Plan. Height Variance (for a chimney) and Coastal Development Permitto 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 Zoneand is subject to a Coastal Development Permit, which requires a public hearing and PlanningCommission approval. The Planning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15301 of the state CEQA Guidelines — Existing Facilities.

Project Description:

A Public Hearing and consideration of a Resolution for an application for a Setback Variance and site plan review for the ongoing remodel of a duplex in the Medium Density Residential zone at261 East \Vhittley. 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 orisinally built as a
single family dwelling in 1950, later becoming amulti family residence in 1961. The previouslyapproved plans inc’uded 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. The subsequent new
construction maintains a three (3) foot setback,which is currently in the stage of preliminaryfoundation preparation (excavation/footings). Theoriginal construction plan included remodeling the rear property with the intent of maintaining itsnonconforming status (see proposed demolition plan attached). However, after issued a buildingpermit on 9/14/21, it was determined that the necessary improvements to retain the second buildingwere infeasible, and the entire structure was demolished, The owner’s intent is to move forward I Ii the roust run on as pie rIOUSL3 reviewed and appruved I he3 have prepared the latIn wig statement to be included in this report:
lie/to LS:SuflrIO.
/ am ln!ece’!21 oj your lega!’ letter advising ,nr that you iegaliy have to go rh:nag/? a va’iculce nice/Lug 170/ will you caage me an’thu1g /o;it. 1 i-jsh that the /0/lolling facts he ioc!z,ded at thLs ztnconctonab1e meet:ng:1. The City sirongir recommended that the existing building he moved orer three /èet to have a hit//er between jroperties. For the last 60 years it it’as built on the property line.2. The current p/cm n-as drawn up with the 3/va’ setback.

3. In order to make the 3 foot side yard. the existing structure had to BE TORN DOWN

4. The new plan was submitted to the City accepted, and the building that was GraI7dJàtlleied as legal was TORN DOWN’,

5. No mention of any Variance was every stated nor required. The existing p/an was accepted in its entirety. Wepaidalmost S30, 000Jhr permits and told to braId the submitted plan. At any time, had we been told our building would be 7 fret shorter (losing two bedrooms,) we would have built on the old building and it ‘sfoundation that was already Grant/fathered in and legal where it sat for 60 years! / guess, ‘No good deed goes unpunished
Making huge building decisions after the /act where hzuldings have been torn down is wrong. You say you must have this meeting, then do it, hut please include these comments Thank-you.

Scott and Bet: Van Every

GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
Variance:According to Avalon viunicipal Code (AMC) Section 9-8.703(a), the legal nonconforniarucc withrespect to the rear setback of the original structure -since demolished ---has been nullified, AMC Section 9-7.403(b)(8) specifies “no structure or part ofa structure not specified above may project !nto required setbacks without the eranting of a 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 fbi- the opportunity of pLuhlc comment. Since theneed 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 below.

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 stile! application ofthe zoning ordinance will result in unnecessary hardship asfollows: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.b,) There are exceptional circumstances th at apply to development ofsaidproperty which do not apply to other property in tIre neighborhood. While the property doesn’t qualify 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 instability of the preexisting structure, Despite the property owner’s original intent to maintain the preexisting structure’s nonconformity, therelocation and ultimate demolition of the entire building resulted from exceptional circumstances. c.) The granting of this Variance will not be detrimental to the public welfare or neighborhood property because: the structural footprint will remain almost exactly as it has existed since original construction.
ci) Granting ofthis Variance will not be contrary to the objectives ofthe Local Coastal Programas adopted because: A NOFA was filed to the California Coastal Commission in 2019 for theentire scope of work.

Site Plan:

The project requires site plan approval as the requirement of a variance disqualifies it as a “minorrenovation” as defined 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) Every use, development ofland and application of development standards shall take placein compliance with all applicable provisions of this title. The proposed project complies withall the development standards for the Medium Density zone with the exception of the nonconforming setbacks - the nexus of this Variance application. (b,) Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development in tended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure tire protection ofpublic health, safety and general welfare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan. The proposed project involves an existing duplex in the Medium Density Residential zone. The use proposed is a principallypermitted use in the zone per Section 9-5.302. The proposed project comphes with the Avalon General Plan and its objectives of providing quality housing. After existing as nonconforming for 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 subpar structure minimizesblight and abates any potential public safety hazards.

Cc) Every use, development of land, application oJ development standards shall be cons ulered on the basis of suitable and functional development design, bitt is not uttended that suchapproval be interpreted to require a particular style or n’pe of architecture, No iiarg in the aprroved design is proposed.

ENVIRONMENTAL DETERMINATION
CEQA:

The proposed project is Categorically Exempt under Section 15301(e) of the State CEQA Guidelines -Existing Facilities.
“e) Additions to existing structures provided that the addition will not result in an increase ofmore than:
(1) 50 percent 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 a]] public 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, but outside of the 300’ appealable seaward area boundary, and was previously issued a Coastal Development Permit in 2019.

RECOMMENDATIONS
Staff recommends the Planning Commission adopt Resolution No. 22-08 (Attachment 1). which will:

1. Find the project exempt from environmental review in accordance with the California Environmental Quality Act (“CEQA”) Section 15301 — Existing Facilities.

2. Approve the Variance application and legalize the ongoing construction activities. 3 Approve the proposed she plan with all applicable en1itements incorporated.

ATTACHMENTS:

1. Resolution PC 22-(Th

2. Site Plans
Attachment 1: PC Resolution 22-08
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9 CITY OF AVALON

PLANNING COMMISSION ACTIONS
WEDNESDAY, NOVEMBER 2oh, 2019
CALL TO ORDER: 5:00 PM

PLEDGE OF ALLEGIANCE
ROLL CALL:Present (6): Acting Chairman Huart,
Commissioners: Kennedy, Hall, Glass, Patterson and Phillips Absent (2): Chairman Montano and Commissioner Putnam
STAFF PRESENT:

Planning Director Amanda Cook, City Attorney Scott Campbell, City Attorney Isaac Rosen Administrative Assistant Rocio De La Cruz, and Audio/Video Yafet Mengesha ANNOUNCEMENTS:

Planning Director Amanda Cook welcomed City Attorney from Best Best & Krieger Isaac Rosen to his very first Planning Commission meeting.

CONSENT CALENDER:

There was one (1) item on Consent Calendar. Motion to approve item one (1) made by Commissioner Kennedy, seconded by Acting Chairman Huart.

1. Actions from October 16th, 2019
Ayes (6): Acting Chairman HuartCommissioners: Kennedy, Hall, Glass, and PhillipsAbsent (2): Chairman Montano and Commissioner Putnam

PUBLIC HEARING
Commissioner Glass abstained form item #2 due to property ownership conflict of interest.

2. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) at 38 Playa Azul-Hamilton Cove Condominiums. 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 will determine whether the project iswithin the 300 foot appealable seaward area boundary. The project is Categorically Exempt underSection 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations. 1 Owner/Applicant: Dan Incell
Location: 38 Playa Awl- Hamilton Cove Condominiums
APN: 7480-04-8123
P0*2705 Zone: High Density
File Date 09/17/2019
Motion to adopt CEQA exemption, approve with additional finding the application for a Conditional Use Permit for Transient Rental and Coastal Development Permit to allow the rentingor leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration at 38 Playa Azul made by Commissioner Kennedy, seconded byCommissioner Phillips.Additional findings: Application is allowed under the 2019 growth policy.

Ayes (5): Acting Chairman, Vice-Chairman Huart
Commissioners: Hall, Patterson and Phillips
Abstain (U: Commissioner GlassAbsent (2): Chairman Montano and Commissioner Putnam3. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 ofthe Avalon Municipal Code) at 155 Olive. The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and Planning Commission approval. ThePlanning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Motion to open and continue the discussion for item ff3 to be discussed during December 18w, 2019 Planning Commission meeting made by Commissioner Kennedy, seconded byCommissioner Patterson.

Ayes (6): Acting Chairman Huart
Commissioners: Kennedy, Hall, Glass, Patterson and Phillips Absent (2): Chairman Montano and Commissioner Putnam

4. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) at 40 Playa Azul-Hamilton Cove Condominiums. The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and 2 Planning Commission approval. The Planning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt underSection 1S305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Ralph and Betty Ketchum
Location: 40 Playa Azul- Hamilton Cove Condominiums
APN: 7480-04-8119
PC#2708 Zone: High DensityFile Date 10/11/2019
Motion to adopt CEQA exemption, approve with additional finding the application for a Conditional Use Permit for Transient Rental and Coastal Development Permit to allow the rentingor leasing of a room or rooms with or without table boards for periods of fewer than thirty (30)consecutive days duration at 40 Playa Azul made by Commissioner Patterson, seconded byCommissioner Kennedy.Additional findings:

1. Application is allowed under the 2019 growth policy.

Ayes (5): Acting Chairman Huart
Commissioners: Kennedy, Hall, Patterson and Phillips
Abstain (1): Commissioner GlassAbsent (2): Chairman Montano and Commissioner Putnam S. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and a CoastalDevelopment Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) at 312 Catalina. The project is in the Coastal Zone and is subject to a Coastal Development Permit, which requires a public hearing and Planning Commission approval. ThePlanning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.

Owner/Applicant: Kurt Olsen
Location: 312 Catalina St.

APN: 7480-03-5004
PC#2709 Zone: Medium DensityFile Date 10/30/2019
Motion to adopt CEQA exemption, approve with additional finding and conditions, theapplication for a Conditional Use Permit for Transient Rental and Coastal Development Permit toallow the renting or leasing of a room or rooms with or without table boards for periods of fewer 3 than thirty (30) consecutive days duration at 312 Catalina St. made by Commissioner Glass, seconded by Commissioner Kennedy.

Additional Condition: Autoette vehicle may not be include with rental.Additional findings: Application is allowed under the 2019 growth policy.

Ayes (5): Acting Chairman Huart
Commissioners: Kennedy, Patterson and Phillips
Ney (1): Commissioner Hall
Absent (2): Chairman Montano and Commissioner Putnam
L.A Public Hearing for an application for a Site Plan, Height Variance (for chimney) and CoastalDevelopment Permit to remodel a duplex by adding 125 square feet total divided between three bedrooms, by changing the roof pitch from flat to pitched and adding two off-streetautoette 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. ThePlanning Commission will determine whether the project is within the 300 foot appealable seaward area boundary. The project is Categorically Exempt under Section 15301 of the StateCEQA Guidelines — Existing Facilities.

Owner/Applicant: Scott Vanevery
Location: 261 E. Whittley
APN: 7480-02-7020
PC#2711 Zone: Medium Density
File Oate 10/30/2019
Motion to adopt CEQA exemption, approve the application with the revised a condition for a SitePlan, Height Variance for a chimney and a Coastal Development Permit to remodel a duplex byadding 125 square feet total divided between three bedrooms, by changing the root pitch from flat to pitched and adding two off-street autoette parking spaces made by Commissioner Kennedy seconded by Commissioner Hall.

Revised condition: Modify staff’s recommendation to allow the Building official the authority to determine the high envelope which shall not exceed the permitted allowed height.

Ayes (4): Acting Chairman Glass
Commissioners: Kennedy, Hall and Phillips
Abstain (2): Vice Chairman Huart and Commissioner Patterson Absent (2): Chairman Say and Commissioner Putnam

7. A Public Hearing to review proposed changes to Avalon Municipal Code Chapters 11 and 17 relating to lnclusionary Housing regulations and adopt a resolution recommending adoption of those changes in an ordinance to the City Council. The City wishes to amend its Municipal 4 Code to comply with recent amendments to state law and foster the development of additional inclusionary housing requirements. The adoption of this ordinance is exempt from the CaliforniaEnvironmentai Quality Act (“CEQA”) pursuant to Section 15358 of the State CEQA Guidelines—the project will not result in a direct or reasonably foreseeable indirect physical change in the environment and Section 15061(b) (3), there exists no possibility that the activity will have asignificant adverse effect on the environment.

Owner/Applicant: City of Avalon.

The proposed amendments will affect parcels of land zoned for residential use.

Motion to adopt the recommended to Council, Amend section 2 in order for the Implementation Guidelines to be approved by Resolution, Amend the Code Section in theOrdinance that deals with Commercial Development Section 911-104 D -Remove specificlanguage: “Commercial Development subject to prevailing affordable rents” and replace to language: “Commercial Development rents will be determined in accordance with City of Avalon’s Implementation Guidelines. Affordable rental units will be pursuant to City of Avalon Guidelines made by Commissioner Kennedy and seconded by Commissioner Glass.

Ayes (6): Acting Chairman Huart, Commissioners Kennedy, Hall, Glass, Patterson and Phillips.

Absent (2) Chairman Montano and Commissioner Putnam
The order of the agenda was changed in order to accommodate a member audience.

10. Accessory Dwelling Units: New Laws, Multi-Family Dwellings. Draft Ordinance for discussion.

Planning Commission reviewed draft language and gave direction to staff to bring back an updated draft ordinance for Accessory Dwelling Units for Multifamily dwellings.

8. A Public Hearing to review the proposed 2020 Growth Policy as required by Avalon Municipal Code Section 9-12.102, and adopt a resolution recommending adoption by the City Council regarding the effects and demands of development permitted in the City over the preceding twelve (12) months.

Owner/Applicant: City of Avalon
Motion to approve the proposed 2020 Growth Policy with the addition that Southern Californiais no longer in any stage of water allocation made by Commissioner Phillip and seconded by Commissioner Patterson.

Ayes (6): Acting Chairman Huart
Commissioners: Kennedy, Hall, Glass, Patterson and Phillips S
Absent (2): chairman Montano and Commissioner Putnam

ITEMS OF DISCUSSION

9. Provide updated status from the 65 letters that have been sent out to properties obtaining a CUP for Transient Rental and have not made the required TOT payments in order to comply with the standard conditions of approval and maintain their permit active.

The City has collected a total amount of $23,000 from properties that have made TOT payments and are in compliance.

Commission gave staff direction to bring back and move forward from Permit to License, a definition for Saturation and pros/cons for Amortizations.

BUSINESS FROM THE AUDIENCE: None
COMMISSIONER BUSINESS:

Planning Director Amanda Cook announced that a planning commissioner training will be held on a separate meeting date in order for all commissioners to be familiar with rules and regulations.

ADJOURN: 7:49 PM
6 PLANNING COMMISSION
NOVEMBER 20, 2019
STAFF REPORT — POt 2711
Item No. 6— Public Hearing
Submitted by: Amanda Cook, Planning Director

SAC KG RD U N D
Project Title: 261 East Whittley — Addition of a chimney and remodel a duplex Project Description: An application for a Site Plan, Height Variance (for a chimney) and Coastal Development Permit to remodel a duplex by adding 125 square feet total division between three bedrooms, changing the root pitch ad adding two oft 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 will determine whetherthe project is within the 300 foot appealable seaward area boundary.

The project is Categorically Exempt under Section 15301 of the state CEQA Guidelines — Existing Facilities.

Project Applicant/Owner: Dave Street
Location: 261 East Whittley
ARN: 7480-027-020
PC# 2711 Zone: Medium Density ResidentialFile Date: 10/30/2019 1 CEQA REVIEW
The proposed project is Categorically Exempt under Section 15301(e) of the State CEQA Guidelines — Existing Facilities. The key consideration is whether the project involves negligible or no expansion of an existing use.
“(e) Additions to existing structures provided that the addition will not result in an increase ofmore than: (1)50 percent of the floor area of the structures before the addition or 2500 square feet, whichever is less.”

DISCUSSION
The proposed project involves the remodel in a duplex by adding 125 square feet total divide between three bedrooms changing the roof pitch from flat to pitched and adding two off street autoette parking spaces. The lot is above a public street, so there is a point where the height envelope is perpendicular to the slope of the lot. The existing structure intrudesbeyond this perpendicular line. A portion of the roof deck railing and the deck on the third level will be beyond this perpendicular line and thus need a height variance.In orderto approve a Site Plan Review, the Avalon Municipal Code requires that the Planning Commission make three (3) findings under Avalon Municipal Code Section 9-8.203. These findings and corresponding explanations of the project’s compliance with these findings areas follows:
(a) Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title.As proposed, the project footprint is not changing and the open deck do not constitute additional floor area for purposes of the Floor Area Ratio. The project does not increase density. The decks will require a variance, but is otherwise in compliance with applicable provisions of Title 9.
(b) Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use ordevelopment in-tended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure theprotection of public health, safety and general welfare, prevent adverse effects onneighboring property and shall be in general accord with all elements of the General Plan.

All of the surrounding properties are developed with single- or multi-family residences and most of them have multiple decks on the face of the structures. The subject property and allsurrounding properties are designated for Medium Density Residential use in the AvalonGeneral Plan. Therefore, the site is suitable for the proposed use and this use is consistent with existing and intended land use patterns, as set forth in the Avalon General Plan. (c) Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is notintended that such approval be interpreted to require a particular style or type of 2 architecture. The design of the proposed decks are both suitahL and fuiictioiial for the intended purpose.

VAR IA N CE
In order to approve a Variance the Avalon Municipal Code Section 9-8404 requires that thePlanning Commission make the following findings:
a) The strict application of the zoning ordinance will result in unnecessary hardship as follows: The home owner would not be able to have the outside space for eachlevel of the home. The home is existing and the topography of the lot makes improvements very difficult.
b) There are exceptional circumstances that apply to development of said property which do not apply to other property in the neighborhood. There are other properties along Lower Terrace that also have limited frontage available for outside space and the City has allowed decks to be added due to the steep topography of the lots. c) The granting of this Variance will not be detrimentaijp4ftç ublic welfare_or neighborhood property because: The location of the decks are on North face of the structure and will not impact adjacent properties.
d) Granting of this Variance will not be contrary to the objectives of the Local Coastal Program as adopted because: The objective of the LCP is to protect coastal resources.

The location of the decks will not negatively impact coastal access either visually or physically.

RECOMMENDATION
Based on the preceding discussion of the proposed project’s compliance with the findings required by the Avalon Municipal Code, staff recommends that the Planning Commission:

1. Adopt the CEQA exemption under Section 15301— Existing Facilities;

2. Approve a Site Plan with the standard conditions listed in Exhibit “A”; 3 Exhibit “A”
Conditions of Approval
Street Address: 261 East Whittley

1. Project apphcant shall pay the City all applicable statutory fees under the City’s fee ordinance.

2. The project shall be implemented in strict accordance with the approved plans unless written approval is given by the Planning Department. Approval by the Planning Department does not waive the requirement that the project comply with all sections of the Planning and Zoning code and all other applicable sections of the Municipal Code.

3. All construction on the project shall be limited to Monday through Saturday, Sam to 7pm No construction shall occur on Sundays.

4. All project contractors and sub-contractors must maintain a City of Avalon business licenses in compliance with all local, state, and federal laws allowing them to work in the City.

5. Any existing public improvements which are damaged as a result of construction regarding the project shah be repaired or replaced to the satisfaction of City staff at the Owner/Applicant’s sole cost.

6. Owner/Applicant agrees to indemnify, defend, and hold the City harmless, with counsel reasonably acceptable 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’sdefense of its actions in any proceeding brought in 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.

7. 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.

8. This project approval shall expire on August 31, 2021 unless a time extension is requested, approved, and filed with the Planning Department prior to expiration.

9. Excavation and/or grading in a mapped archeologically sensitive area defined in the Cultural Resources Management Plan for the City maybe required to have a qualifiedarcheological monitor on-site during excavation and/or grading.

10. No demolition or construction work shall commence on the subject property until appropriate permits have been applied for and obtained from the City of Avalon. 4 11. Any ohst: uction of the public right-of-way viii require the issuance of an obstruction permit prior to or simultaneous with the issuance of demolition or building permits. The City reserves the right to require a flagman and/or other safety features during the term of the obsLrLlc.tion permit.

12. Excavation in the public right-of- way will require the issuance of an excavation permft prior to or simultaneous with the issuance of a building permit. 13, Proof of payrnen or exemption from Long Beach Unified School District fees must be provided prior to [he issuance of a building permit.

14. Non-potable water must be used for dust control during construction. 5 CITY OF AVALON

PLANNING COMMISSION ACTIONS
WEDNESDAY, JULY 17th 2019
CALL TO ORDER: 5:00 PMPLEDGE OF ALLEGIANCE
ROLL CALL:Present (8): Chairman Montano, Vice-Chairman Huart, Commissioners: Alternate Commissioner Hall, Morris, Glass, Putnam, Patterson, and PhillipsSTAFF PRESENT:City Attorney Scotto Campbell, Planning Director Amanda Cook, Administrative Assistant Rocio De La Cruz, and Audio/Video Alexander Campos
ANNOUNCEMENTS:

Director of Planning, Amanda Cook mentioned the City received a substantial grant from Cal grants to help pay for the updates of the LCP to create an adaptation plan for the Sea Level Rise impacts on all City transportation facilities. Staff will be putting together an REP to be discussedin a future meeting.

CONSENT CALENDER:

There was one (1) item on Consent Calendar. Motion to approve items 1 made by ViceChairman Huart, seconded by Commissioner Glass.

1. Actions for June 19, 2019
Ayes (7): Chairman Montano, Vice-Chairman Huart
Commissioners: Morris, Glass, Putnam, Patterson and Phillips.

ACTION ITEMS

PUBLIC HEARING
Vice-Chairman Huart and Commissioner Patterson abstained from item #2 due to property ownership conflict of interest.

2. A Public Hearing for an application for a Site Plan and modify an existing duplex containing for (4) bedrooms the project includes the addition of 974 square feet. Theproject is Categorically Exempt under Section 15301 (a) and (e) (1) of the State CEQAGuidelines. 1 Owner/Applicant: Scott Vanevery/Dave Street
Location: 261 E. WhittleyAPN: 7480-027-020
P0*: 2698 Zone: Medium DensityFile Date: 06/29/20
Motion to adopt CEQA exemption, approve the application for a Site Plan to modify an existing duplex containing tour (4) bedrooms and the addition of 974 square feet for the project at 261 E. Whittley made by Commissioner Glass, seconded by CommissionerPhillips.

Ayes (5): Chairman Montano, Commissioners: Morris, Glass, Putnam and Phillips Ney (1): Commissioner Hall
Abstain (2): Vice-Chairman Huart and Commissioner Patterson

3. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive daysduration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) 150 Middle Terrace (The project is Categorically Exempt under Section 15305 of the StateCEQA Guidelines — Minor Alterations in I.and Use Limitations.) Owner/Applicant: Jack and Nora Tucey
Location: 150 Middle Terrace
APN: 7480-010-022
P0*: 2699 Zone: High Density
File Date: 06/24/2019
Director of Planning, Amanda Cook read a letter from the owner of 156 Middle Terrace,in opposition of the granting of a CUP- for Transient Rental for 150 Middle Terrace.Director of Planning, Amanda Cook mentioned that Mr. and Mrs. Tucey requested that the property be granted as a 3 bedroom property. Amanda refereed to the floor plan and added that when the plans were developed, one of the rooms was a sun room.

Director of Planning, Amanda Cook mentioned that if Commission grants a positive vote on item, staff recommends the Commission to add the condition that the building official shall confirm the occupancy of the sun room and meets the definition of a bedroom.

Heard from Debbie Wright, owner of 210 Descanso who spoke in great opposition of on CUP for transient rentals. Mrs. Wright shared that other tourist cities in California have banned, placed a moratorium, placed a cap and set strict rules and regulation on short term rentals in residential zones because they were getting out of control. 2 Mrs. Wright added that City of Avalon regulates the number of vehicles on the Island with a twenty (20) year waiting list, however have not set a regulation of the amount of short term rentals being approved.

Heard from Howard Hugo who spoke in support on the application.

Motion to adopt CEQA exemption, approve with conditions the application for a Conditional Use Permit for Transient Rental and Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods offewer than thirty (30) consecutive days duration at made by Vice-Chairman Huart, seconded by Commissioner Glass.Con di t on:
1- Verify that the 3” bedroom meets the legal square footage and requirements of a bedroom.
2-The vehicle that ware included with the rental must be parked in the garage.

Ayes (5): Chairman Montano, Vice-Chairman Huart
Commissioners: Glass, Putnam and Patterson
Ney (2) Commissioners Morris and Phillip

4. A Public Hearing for an application for a Conditional Use Permit for Transient Rental and Coastal Development Permit to allow the renting or leasing of a room or roomswith or without table boards for periods of fewer than thirty (30) consecutive days duration (Transient Rental — Section 9-6.602 of the Avalon Municipal Code) 45 Gaviota (The project is Categorically Exempt under Section 15305 of the State CEQA Guidelines — Minor Alterations in Land Use Limitations.)
Owner/Applicant: Bart and Julie Glass
Location: 45 Gaviota
APN: 7480-048-099
PC#: 2699 Zone: High Density
File Date: 05/31/2019
Heard from owner/applicant Bart and Julie Glass expressing his future plans fro his property.Motion to adopt CEQA exemption, approve the application for a Conditional Use Permittor Transient Rental and Coastal Development Permit to allow the renting or leasing of a room or rooms with or without table boards for periods of fewer than thirty (30) consecutive days duration at made by Vice-Chairman Huart, seconded by Chairman Mont a no.
3 Ayes (6): Chairman Montano, Vice- Chairman Huart
Commissioners Morris, Putnam, Patterson and Phillips
Ney (1): Commissioner Hall
Abstained (1): Commissioner Glass
ITEMS FOR POTENTIAL ACTION:5) Transient rental in the City: Additional information complied by the Planning and FinanceDepartment, including Saturation! Intensity of use. Discuss in changes in current transientrental code is needed.Per Commissions request, staff provided additional information to determining how saturationis handled and will help the commission decide if they would consider making changes. Director of Planning, Amanda Cook provided examples on how other cities handle saturation, as well as a spread sheet on the occupancy of transient rentals per days from properties managed byCatalina Island Vacation Rentals.

Director of Planning, Amanda Cook mentioned that BBK included information on how other cities handle saturation.

Director of Planning, Amanda Cook explained the work Planning and Finance have been working on putting together. Staff has created letters to properties that have not beencompliant with the rules and regulations for CUP for Transient Rentals. Amanda added thatstaff has created letters to be mailed out to:
1) Properties that are 100% illegal, no CUP, no business license, no tot payments and were identified by host compliance.2) Properties that never applied for a CUP however have been paying a business license and tot every year.3) Properties that applied for a CUP or are gran-fathered in, have been paying their business license yearly however have been reporting zero (0) on their TOT and have not been rented in the last 12 months.City Attorney Scott Campbell added the action the city will take after mailing out letters to property owners in the categories states above.
1) Ask owners to voluntarily sign a form terminate the illegal rental on their property. 2) Ask owners to pay back taxes plus penalty fees for the non-properly reported taxes.3) If owners do not agree to do either 1 or 2 as listed above, the city will have revocationhearings.Commissioner Morris questioned the property manager signs that should be displayed on all Transient Rentals. Director of Planning mentioned that the intent of the signs were to notify the surrounding neighbors who is managing the property. City Attorney, Scott Campbell added that 4 one of the advantages on converting the Cup from permit into a license is that the transient rental would not run with the land. Even though the former owner applied, was granted and maintained as a transient rental prior to new ownership the new owners of the property would need to apply to for a transient rental application. When the new owner applies for the transient rental one of the conditions is to notify the City who will manage the property whichwill help City to better monitor transient rentals.

City Attorney, Scott Campbell added that the standard conditions of approval for transient rentals will be coming back as an item of discussion in a future meeting and that will be the time where the Commissioners can address, include or eliminate conditions.

Debbi Wright, Owner of 210 Descanso spoke in opposition of Conditional Use Permits for Transient Rentals. The explained the difficulties she faces as a home owner surrounded by short term rentals those being disturbance to neighborhood, noise, and parking.

The commission gave staff direction to:
1) Place a cap on CUP for transient rentals
2) Base saturation by street3) Allow a transient rental application as a one on one off basis.

CUP for transient rental applications will still be accepted until the ordinance becomeseffective. Staff has received direction from the Commission for a proposal (items 1-3 listedabove), once proposal is adopted, an immediate 1) cap on transient rental applications will be placed, meaning no more each application will be taken into consideration until staff will further look into the existing transient rental on each 2)street which will determine the status of the saturation. If an owner applies for a transient rental application on a street that isoversaturated, the owner will be placed on a waiting list on a 3) one on one off basis- until a transient rental on that street terminates their transient rental property. 6) Inclusionary Housing — Proposed code changes to address definition of ‘rental space’ and possible other minor modifications.Director of Planning, Amanda Cook defines Inclusionary Housing as when one needs to provide of affordable housing by a particular formula based on a new development. State has weight and placed guidelines and statues on cities on how to establish Inclusionary housing forresidential development.

Staff is recommending using the existing SRO definition for lnclusionary Housing because it meets the minimum standards and requires basic living and incorporating as a rental space definition. Commission gave the direction to proceed with staff recommendation.If a new development is requires to provide housing for their employees, they would not be permitted to utilize a hotel as housing. Options employers would have are to: place employeesin Single Family Residents, rent apartment complexes and ray their rents or construct new S
housing of the employees.

City Attorney, Scott Campbell gave the example that the ordinance would apply to the recent new projects referring to Vons and Trailhead after City determines if the projects are subject toIH based on the audit of past and current employee numbers.

BUSINESS FROM THE AUDIENCE:

No business from the audience was addresses.

COMMISSIONER BUSINESS:Chairman Montano referred to the Zane grey project, concerned on how the jobsite is maintained.

Director of Planning, Amanda Cook added that Building Official Jonathan Gilbert has gone through the jobsite and addressed the issue.

ADJOURN: 7:19 PM
6 PLANNING COMMISSION
JULY 17, 2019
STAFF REPORT — PC# 2698

ADDENDUM
Item No. 2 — Public Hearing
Submitted by: Amanda Cook, Planning Director
Project Title: 261 E. Whittley — Site Plan Application
The owner has requested that the property remain a duplex. To support that designation, theowner is proposing to modify the second kitchen into a mini kitchen/laundry for use by his guests.

The Project Description is modified as follows:

Project Description: A Public Hearing for an application for a Site Plan to modify an existing duplex containingfour bedrooms int-? -zinh*f2*y H:nl-[in: t-Ln 52!mc numbcr of b-e4feen3& The project includes the addition of 974 square feet.

The Recommendations are modified as follows:

RECOMMENDATION
Based on the preceding discussion of the proposed project’s compliance with the applicable principles and standards of the Avalon Municipal Code, the recommendation is:
1) That the Planning Commission find the project categorically Exempt under Section 15301(a) and (e)(1)of the State CEQA Guidelines;
2) That the Planning Commission adopts the findings to support approval of the Site Plan with the attached list of conditions. (These remain the same) (Modified floor plan with the change in designation of the mini kitchen/laundry room is attached).

PLANNING COMMISSION
NOVEMBER 20, 2019
STAFF REPORT—PC# 2711
Item No. 6 — Public Hearing
Submitted by: Arnanda Cook, Planning Director

BACKGROUND
Project Title; 261 E. Whittley
Project Description: A Public Hearing for a Site Plan, Variance (for chimney) to renovate an existing duplex with four bedrooms by changing the flat roof to a pitched roof and by adding an additional 125 square feet to a project that was already approved in July, 2019 to add 974 square feet. This will bring the total addition to 1099 square feet.

Location Map:
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ELOOR PLAN
This application is to change the flat roof to a pitched roof and add further square footage to two of the four bedrooms. The Site Plan also includes the addition of two off Street parking space to be created under the existing deck. The previous approval granted in July was to renovate a duplex, and enlarge the main living. area to relocate two bedrooms by adding approximately 900 sq. ft.

Page 1 ends

Avalon City CouncilJuly 19, 2022

Avalon City Council
July 19, 2022