AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 2, 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. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council.
Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
Due to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OFAVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing socialdistancing.
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 toaskcityofavalon.com.
The meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetinc’s
*streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/c/CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://us06web.zoom.us/meetinc/register/tZEtc-CrpzsuG9FQ2tuwRLaLtHMVbN5TXJMg
ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link: https://uso6web.zoom.us/meeting/register/tZEtc-CrpzsuG9FQ2tuwRLaLtHMVbN5TXJMg,even when submitting this request you will need to use the “raise hand” feature via Zoom duringthe presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wishto provide comments. 1) Join Zoom Meeting via the internet:
Direct URL: https://us06web.zoom.us/meeting/register/tZEtc-CrpzsuG9FQ2tuwRLaLtHMVbN5TXJMgMeeting ID: 850 4939 0415
CITY COUNCIL AGENDA
AUGUST 2, 2022
PAGE 2
During the meeting you will need to use the “raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration. 2) Join Zoom Meeting via Phone Conference (Voice Only):
Phone Number: (669)444-9171,
Meeting ID: 850 4939 0415
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 City Council consideration.
Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software.
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.PRESENTATION — A representative from Southern California Edison will update the CityCouncil regarding implementation of Phase One water conservation. (3 minutes)CONSENT CALENDAR
1. Minutes
Although the live recording is the official record of public meetings, actions are preparedfor the Council’s approval.
Recommended Action
Approve minutes from the July 14, 2022 Special City Council Meeting and July 19, 2022 regular City Council Meeting.
CITY COUNCIL AGENDA
AUGUST 2, 2022
PAGE 3
2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $886,438.89.o One payroll in the amount of $229,324.76.o Two electronic fund transfers totaling $39,885.38.
Recommended Action
Approve total expenditures for July 11, 2022 through July 22, 2022 totaling $115564903.
3. Board of Directors Appointment for the Gateway Cities Council of Governments The Gateway Cities Council of Governments is comprised of 32 cities in the southeast Los Angeles County region. The Board of Directors has a City Council representative from each of the represented cities as well as the Mayor of Long Beach and three members of the Los Angeles County Board of Supervisors and a representative from the Port of Long Beach.Recommended Action
Appoint Councilmember Lisa Lavelle to represent the City of Avalon on the Board of Directors for the Gateway Cities Council of Governments.
4. League of California Cities Annual Voting Delegate
The Annual League of California Cities Conference will be held in Long Beach, California from September 7 to 9, 2022. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate.
Recommended Action
Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor ProTem Michael Ponce as an alternate voting for the Annual League of California Cities Conference in September 2022.
5. Authorize Voting Delegate for Los Angeles Division League of California Cities Division Installation
The Los Angeles Division Annual Installation Ceremony and Dinner will take place onAugust 4, 2022 in Diamond Bar, CA. Councilmember Ponce plans to attend the meeting and requested permission to represent the City of Avalon and participate in the meetingas a voting delegate.
Recommended ActionDesignate Councilmember Michael Ponce as the City’s representative and authorize him to vote during the Los Angeles Division League of California Cities Installation meeting on August 4, 2022.
6. Denial of Appeal #22-01 Regarding Planning Commission Action of PC #2783 Approving a Setback Variance at 261 F. Whittley
During the July 19, 2022 meeting, the City Council denied an appeal regarding Planning Commission approval of a setback variance oat 261 F. Whittley.
CITY COUNCIL AGENDA
AUGUST 2, 2022
PAGE 4
Recommended Action
Adopt a resolution formally denying Appeal #22-01 and setting forth findings made.
GENERAL BUSINESS7. First Reading of an Ordinance Amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use PermitsThe City adopted the Temporary Use Ordinance during its March 7, 2017 regular City Council meeting. The ordinance was established to address instances when the City received a land use request that was not necessarily permitted within a specific zone, but which the City may be inclined to allow.
Recommended ActionIntroduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits.
8. Discuss Chapter 6, Section 6.13 of the Avalon Municipal Code Regarding Water Conservation and Phase One Enforcement of Fresh Water Conservation In 2001 the City ofAvalon adopted an urgency ordinance (Ordinance #997-O1U, effective January 17, 2001) establishing legislation regarding mandatory conservation measures that will be implemented when Southern California Edison (SCE) begins “Phase One”water conservation and a penalty for non-compliance.
Recommended ActionDiscuss Chapter 6, Section 6.13 of the Avalon Municipal Code regarding water conservation and enforcement of Phase One water conservation. Provide direction to Staff.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, August 2, 2022 was posted on Thursday, July 28, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Administrative Analyst and Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM:
ORIGINATING DEP: City Clerk CITY MANAGER: 4L(!L
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the July 14, 2022 Special City Council Meeting and the July 19. 2022 regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1) July 14, 2022 Special City Council Minutes.
2) July 19, 2022 Regular City Council Minutes.
SPECIAL AVALON CITY COUNCIL MEETING
THURSDAY, JULY 14, 2022
MINUTES
Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF 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 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 to askcityofavalon.com,
CALL TO ORDER - 6:17 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, Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones and Oley Olsen.
WRITTEN COMMUNICATIONS-None.
GENERAL BUSINESS
1. Resolution Reciting the Facts of the Statewide Direct Primary/General Municipal Election Held on June 7, 2022
Adopted Resolution No. 22-42 of the City Council of the City of Avalon, California, reciting the facts of the Statewide Direct Primary/General Municipal Election held on June 7, 2022, declaring the result thereof and such other matters as provided by Law.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa.(All Ayes)
2. Decide Tie Vote Process and Determine Winner
City Council determined that the by lot” method would be to pick a name from a hat to decide the winner of the tied vote between candidates Michael Ponce and Oley Olsen.City Council directed the Deputy City Clerk to pick the winning name out of a hat held by LA County Sheriff’s Department Captain Badali. Michael Ponce was declared the elected winner.
Motion to approve made by Cinde Cassidy, seconded by Lisa Lavelle. (All Ayes)
SPECIAL CITY COUNCIL MINUTES
JULY 14, 2022
PAGE 2
3. Present Proclamations to Outgoing Councilmembers
Deputy City Clerk Gabrielle Morones presented a proclamation to the exiting officer Cinde MacGugan Cassidy.
4. Seating of the Newly Elected Officials
The Deputy City Clerk Gabrielle Morones administered the Oath of Office to the newly elected Mayor Anni Marshall and City Councilmembers Mary Schickling and Michael Ponce.
CLOSED SESSION-6:38 p.m.-6:59 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 LABOR NEGOTIATORS
Agency designated representative: David Maistros, City Manager Employee Organizations:
1) SEIU Harbor Employees
2) SEIU Municipal Employees
Following Closed Session Mayor Marshall announced that there was no reportable action.
Mayor Marshall adjourned the meeting at 7:00 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on July 14, 2022, is the official record of the Council Meeting and is on file and maintained in City Hafl.
Gabrielle Morones, Deputy City Clerk! Sr. Administrative Assistant
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
MINUTES
Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed orrecommended, the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLICREMOTELY. 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 in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon.com.
CALL TO ORDER-5:00 p.m.
ROLL CALL - Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle. Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and Deputy City Clerk/Administrative Analyst Devin Hart.
WRITTEN COMMUNICATIONS-The City Manager received three Written Communications that included 1 letter of support, 1 letter of opposition, and 1 handdrawn site plan rendering regarding Item #10 Appeal Planning Commission Action 22- 01 of PC #2783 Approving a Setback Variance at 261 E. Whiff1ev.
PRESENTATION — Southern California Edison provided a presentation regarding implementation of Phase One: Mandatory Conservation per the utility tariffs. (30minutes) CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
1. Minutes
Approved minutes from the June 21, 2022 regular City Council Meeting.
CITY COUNCIL!HOSPITAL MINUTES
JULY 19, 2022
PAGE 2
2. Warrants
Approved warrants in the amount of $1,152,372.26, two payrolls in the amount of $444,268.06, and six electronic fund transfers totaling $1,087,346.46 for a total expenditure of $2,683,986.78 for June 13, 2022 through July 8, 2022.
3. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361Determined that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed orrecommended 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 the Contract Period July 1, 2022 through June 30, 2025 Adopted Resolution No. 22-43 of the City Council of the City of Avalon approvingthe 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.Adopted Resolution No. 22-44 of the City Council of the City of Avalon approvingthe 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.
** The following item on the Consent Calendar was the City Council acting as theAvalon Municipal Hospital Board of Trustees **
5. CEO’s Board Report and CEO’s Monthly Narrative Analysis Received and filed the reports.
GENERAL BUSINESS
6. Appointments to Fill Three Terms on the Planning Commission City Council appointed Robert Kennedy, Kathy Smith and Bruce Fertig as Planning Commissioners for four year terms, expiring June 30, 2026.Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa.(All Ayes)
7. Appointing a Mayor Pro-Tem
Appointed Michael Ponce to serve as the Mayor Pro Tem
Motion to approve made by Anni Marshall, seconded by Lisa Lavelle. (All Ayes)
CITY COUNCILIHOSPITAL MINUTES
JULY 19, 2022
PAGE 3
8. Audit Committee
Appointed Mary Schickling and Lisa Lavelle to serve on the audit committee.
Their job will be to review all warrants that go before the City Council for approval.
Motion to approve made by Michael Ponce, seconded by Anni Marshall. (All Ayes)
9. Avalon Municipal Hospital Board of Trustees
Appointed the City Council to serve as the Avalon Hospital Board of Trustees and appointed Michael Ponce to serve as the Chairman of the Board.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
PUBLIC HEARING
10. Appeal Planning Commission Action 22-01 of PC #2783 Approving a Setback Variance at 261 E. Whittley
1. Mayor Marshall opened and continued the public hearing and heard public comments. 2. Mayor Marshall closed the Public Hearing. 3. City Councildenied the appeal.
Motion made by Anni Marshall, seconded by Mary Schickling. (3 Noes-De La Rosa, Lavelle and Ponce; 2 Ayes-Marshall and Schickling).
Motion failed.
City Council denied the appeal with the condition that the scope of the project does not exceed the latest set of plans on file with the Planning Department as of July 19, 2022.
Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (3 Ayes-De La Rosa, Lavelle and Schickling; 2 Noes-Ponce and Marshall) Mayor Marshall adjourned the meeting at 7:18 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on July 19, 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: August 2, 2022 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: O1UL{
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for July 11, 2022 through July 22,2022 totaling $ 1,155,649.03.
REPORT SUMMARY: These disbursements through July 22nd are comprised of warrants totaling $886,438.89, one payroll totaling $229,324.76, and other electronic fund transferstotaling $39,885.38.
ITEM DESCRIPTION AMOUNT DATE
SF US RANK WARRANTS CK# 34615-34682 $ 886,438.89 07/22/22 PAYROLL 229,324.76 07/15/22EFT -CALPERS RETIREMENT PPE 7/1 35,337.84 07/12/22EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 4,547.54 07/22/22 TOTAL DISBURSEMENTS $ 1,155,649.03
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
JULY 11,2022 -JULY 22, 2022 DISBURSEMENTS
August 2, 2022
ITEM DESCRIPTION AMOUNT DATE
GE US BANK WARRANTS CKII 34615-34682 $ 886,438.89 07/22/22 PAYROLL 229,324.76 07/15/22EFT - CALPERS RETIREMENT PPE 7/1 35,337.84 07/12/22 EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 4,547.54 07/22/22 TOTAL DISBURSEMENTS $ 1,155,64903
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFYTHAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.
APPROVED AND AUDITED THIS
2ND DAY OF AUGUST 2022 I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ANDCORRECT.
AUDIT COMMITTEE -USA LAVELLE EXECUTED THIS 2ND DAY OF AUGUST 2022AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR -MATTHEW BAKER
CITY OF AVALON
JULY 11,2022 -JULY 22, 2022 DISBURSEMENTS
August 2,2022
NAME
AIR SOURCE INDUSTRIESAMAZON CAPITALSERVICES, INC.AT & TAVALON ENVIRONMENTAL SVCSAVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING
CASSIDY, SHANACATALINA BEVERAGE COCATALINA EXPRESSCONEY ISLANDDANGELO CODEPT OF HEALTH CARE SERVICESDION & SONS MARINE FUELS INCEDISONGALLS, LLCHOME DEPOT CREDIT SERVICES
JORDAHL CONSTRUCTION
L.N. CURTIS & SONSLAWSON PRODUCTSMATTHEWS INTERNATIONAL CORPORATIONMM INTERNET, INC.MONTROSE ENVIRONMENTAL SOLUTIONSNAPA AUTO PARTSNAVIGATORS INSURANCE COMPANYQUILL CORPSTATE LANDS COMMISSIONSTERICYCLE, NCPARKING CONCEPTS, INC.ULINECORPORATE PAYMENT SYSTEMSVERIZON WIRELESSWILMINGTON PROPELLER SERVICEWI]TMAN ENTERPRISES, LLCSUPERION, LLC
ALBERTSON COMPANIES
AMAZON CAPITAL SERVICES, INC.AVALON FREIGHT SERVICES, LLC
BEYOND SOFTWARE SOLUTIONS
BOUND TREE MEDICALCALIFORNIA CONTRACT CITIES ASSOC.CATALINA BEVERAGE COCATALINA RROAOBAND SOLUTIONSCATALINA PEST CONTROLCIRACURTIN MARITIME CORP.DANGELO CODELTA DENTAL SERVICE -FIRESUPPLIES - ALL DEPARTMENTSCOMMUNICATIONS - ALL DEPTSCONTRACT SERVICES, SWEEPER -06/2022
FREIGHT - ALL DEPTS
SERVICE - HARBOR
RENT RECONCILIATION 2021
SUPPLIES - ALL DEPARTMENTS
1ST HALF 05/2022, 2ND HALF 06/2022
SENIOR MEALS -04-06/2022SUPPLIES - PUBLIC WORKSGEMT SUPP PAYMENT PROGRAM
FUEL - HARBORUTILITIES -ALL DEPTSUNIFORMS -CARSTARPHEN
SUPPLIES - PUBLIC WORKSSUPPLIES, HHW DISPOSALUNIFORMS - FIRESUPPLIES - GARAGESUPPLIES -CEMETERYCOMMUNICATIONS -ALL DEPTS
EMERGENCY MAINTENANCE - WWTP
SUPPLIES -GARAGE
INSURANCE -HARBOR
SUPPLIES -ALL DEPTS
HAMILTON COVE LEASE
SERVICE - FIRECONTRACT SERVICES - 04/2022
SUPPLIES -PUBLIC WORKS
SEE ATTACHED DETAILCOMMUNICATIONS - ALL DEPTS
SUPPLIES - HARBORSERVICE - FINANCESOFTWARE LEASE - FINANCESUPPLIES -FIRE
SUPPLIES -ALL DEPTS
FREIGHT -ALL DEPTS
CONTRACT SERVICES - ITSUPPLIES - FIRE
ANNUAL DUES - ADMINISTRATION
SUPPLIES - ALL DEPTSSERVICE - PUBLIC WORKSSERVICE - HARBOR INSURANCE FEES -FY23
SERVICE - RECREATIONSUPPLIES - PUBLIC WORKS
DENTAL - 07/2022
DESCRIPTION
CHECK DATE
NUMBER ISSUED AMOUNT
34615 07/22/2022 83.2034616 07/22/2022 98.9634617 07/22/2022 1,508.9534618 07/22/2022 140,922.0334619 07/22/2022 688.0334620 07/22/2022 2,491.0034621 07/22/2022 74.5334622 07/22/2022 4,347.2034623 07/22/2022 140,855.7034624 07/22/2022 1,620.0034625 07/22/2022 2,317.4534626 07/22/2022 5,237.9834627 07/22/2022 196.2334628 07/22/2022 167,027.5834629 07/22/2022 327.0034630 07/22/2022 2,175.8034631 07/22/2022 859.7534632 07/22/2022 1,194.1034633 07/22/2022 260.3634634 07/22/2022 317,5234635 07/22/2022 344,1034636 07/22/2022 42,802.9834637 07/22/2022 879.0334638 07/22/2022 500.0034639 07/22/2022 107.1934640 07/22/2D22 3,789.7534641 07/22/2022 251.7534642 07/22/2022 73,688.4534643 07/22/2022 649.9834644 07/22/2022 4,508.0434645 07/22/2022 1,828.6534646 07/22/2022 1,077.6334647 07/22/2022 4,207.5034648 07/22/2022 2,743.5134649 07/22/2022 479334650 07/22/2022 1,674.9234651 07/22/2022 369.07346S2 07/22/2022 2,200.0034653 07/22/2022 173.1034654 07/22/2022 3,000.0034655 07/22/2022 4,068.07 34656 07/22/2022 49.9S34657 07/22/2022 248.0034658 07/22/2022 17S,960.0834659 07/22/2022 30,000.0034660 07/22/2022 3,421.9134661 07/22/2022 6,454.30
CITY OF AVALON
JULY 11,2022 -JULY 22, 2022 DISBURSEMENTS
August 2, 2022
DEWEY PEST CONTROLDION & SONS MARINE FUELS INCFIDELITY SECURITY LIFE INSURANCEC RA INC ER C-RANICUS, INC.
JORDAHL CONSTRUCTION
MAC KTAL. JOHNM ASAMCKINNEY CAPITAL HERMOSA PARTNERS
MCMASTER-CARRMM INTERNET, INC.PETTY CASH - HARBORRICOH USA, INC.
RUBIO, LUISWHENEVER COMMUNICATIONS LLCSTANDARD INSURANCE COMPANYSUPERION, LLC
THOMPSON, DEVIN
WANDA STONEWESTRIDGE ENVIRONMENTAL GROUPCHAVEZ, ANGELITA DESCRIPTiON
SERVICE - ALL DEPTS
FUEL - HARBOR
VISION-O]/•2O22
SUPPLIES - PUBLIC WORKSSERVICE - FINANCESUPPLIES - PUBLIC WORKSSUPPLIES -GARAGE DUES -08/2022LODGING - USC BAND
SUPPLIES - PUBLIC WORKSCOMMUNICATIONS
- ALL DEPTS
PETTY CASH REFILL
COPIER LEASE - PLANNING
SERVICE - RECREATIONCOMMUNICATIONS - FIRE
LIFE INSURANCE - 07/2022
SOFTWARE LEASE - FINANCE
REIMB 0/COSTS
SERVICE - HARBORSUPPLIES - WWTPSERVICE - RECREATION
S 886,438.89
AMOUNT NAME
CHECK DATE
NUMBER ISSUED
3662 07/22/2022 818.00
34663 07/22/2022 1,288.3034664 07/22/2022 971.9134665 07/22/2022 680.7234666 U7/22/2022 15,394.5134667 07/22/2022 321.86 34668 07/22/2022 93.7134669 07/22/2022 918.5034670 07/22/2022 8,976.9634671 07/22/2022 1,907.4234672 07/22/2022 344.10 34673 01/22/2022 785.0034674 01/22/2022 432.24
34675 07/22/2022 1,500.00
34676 07/22/2022 736.003467] 07/22/2022 1,205.8934678 07/22/2022 3,554.3834679 07/22/2022 1,458.2834680 07/22/2022 180.00 34681 07/22/2022 5,721.8534682 07/22/2022 1,500.00
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 22, 2022
August 2, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CARSTARPHEN 5/18/2022 388.32 SHOES FOR CREWS UNIFORMS HARBOR CARSTARP[IEN 5/23/2022 20412 GROSS MECHANICAL PATROL BOAT MAINTENANCE HARBORCARSTARPHEN 5/23/2022 221.92 SHOES FOR CREWS UNIFORMS HARBORCARSTARPHEN 5/24/2022 22192 SHOES FOR CREWS UNIFORMS HARBORCARSTARPHEN 5/30/2022 3.99 WEATHERFLOW WEATHER SERVICE HARBORCARSTARPHEN 6/3/2022 54.99 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 6/6/2022 54106 DATATEL COMMUNICATIONS PAYMENT SERVICE HARBORCARSTARPHEN 6/13/2022 2.00 CITY OF AVALON SERVICE CHARGE HARBORCARSTARPHEN 6/13/2022 39.28 CHETS HARDWARE PATROL BOAT MAINTENANCE HARBOR PARMER 11/11/2020 2S.00 CACITIES.ORG CONFERENCE CALL REGISTRATION PLANNINGPARMER 1/11/2021 4.10 USPS FREIGHT PLANNINGPARMER 7/2/2021 4.15 USPS FREIGHT PLANNINGPARMER 7/13/2021 550.00 CACITIES.ORG CONFERENCE REGISTRATION PLANNINGPARMER 7/14/2021 239.95 SOUTHWEST.COM AIRFARE PLANNING PARMER 7/14/2021 249.96 SOUTHWEST,COM AIRFARE PLANNINGPARMER 7/20/2022 11.15 USPS FREIGHT PLANNINGPARMER 9/6/2022 192.95 COURTYARD LONG BEACH AIRPORT LODGNG PLANNINGPARMER 9/14/2022 76.00 CATALINA EXPRESS TRAVEL PLANNINGPARMER 9/16/2022 76.00 CATALINA EXPRESS TRAVEL PLANNINGPARMER 9/17/2022 141.22 ORIGINALJACK’S MEETING SUPPLIES PLANNINGPARMER 9/22/2022 45.00 CMTSACRAMENTO TRAVEL PLANNINGPARMER 9/23/2022 (0.01) COURTYARD LONG BEACH AIRPORT CREDIT PLANNINGPARMER 9/27/2022 38.70 SQUARE ADMINISTRATIVE SERVICE TRAVEL PLANNINGPARMER 9/27/2022 739.92 SACRAMEN’O HOLIDAY INN LODGING PLANNING PARMER 10/8/2022 37.20 USPS FREIGHT PLANNINGPARMER 10/19/2022 27.00 USPS FREIGHT PLANNINGPARMER 11/3/2022 76.00 CATALINA EXPRESS TRAVEL PLANNING PARMER 11/11/2022 131.89 OFFICESUPPLY,COM OFFICE SUPPUES PLANNING PARMER 12/6/2022 125.94 VONS MEETING SUPPLIES PLANNINGPARMER 12/6/2022 17.72 VONS MEETING SUPPLIES PLANNING $ 4,508.04 CHECK NO. 34644
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM: 3
ORIGINATING DEP: Administration CITY MANAGER: ____________ PREPARED BY: Devin Hart, Administrative Analyst SUBJECT: Board of Directors Appointment for the Gateway Cities Council of Governments
RECOMMENDED ACTION(S): Appoint Councilmember Lisa Lavelle to represent the City of Avalon on the Board of Directors for the Gateway Cities Council of Governments.
REPORT SUMMARY: The Gateway Cities Council of Governments is comprised of 32 cities in the southeast Los Angeles County region. The Board of Directors has a City Council representative from each of the represented cities as well as the Mayor of Long Beach and three members of the Los Angeles County Board of Supervisors and a representative from the Port ofLong Beach.
The Gateway Cities Council of Governments is involved in a number of regional initiatives and planning efforts, but the mission of the organization is primarily focused on transportation, airquality, housing and economic development matters. Former Mayor Pro Tem Cinde MacGugan Cassidy served as the City of Avalons representative since 2014. Councilmember Lisa Lavelle has expressed an interest in serving as the Board of Director’s Representative.
GOAL ALIGNMENT: Professional development.
FISCAL IMPACTS: Funds have been allocated in the budget to maintain membership and for a member of City Council to affend monthly meetings of the Gateway Cities Council of Governments in Paramount, CA. (Account #10110-5510)
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have a representative on the Board of Directors for Gateway Cities Council of Governments.FOLLOW UP ACTION: Direct the City Clerk to contact the Gateway Cities Council of Governments and notify them of the City’s representative for the Board of Directors.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM: 4/
ORIGINATING DEP: Administration CITY MANAGER: ____________ PREPARED BY: Devin Hart, Administrative Analyst SUBJECT: League of California Cities Annual Voting Delegate RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Marshall as the votingdelegate and Mayor Pro Tem Michael Ponce as an alternate voting for the Annual League of California Cities Conference in September 2022.REPORT SUMMARY: The Annual League of California Cities Conference will be held in LongBeach, California from September 7 to 9, 2022. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers andtakes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate.Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if they attend the meeting.GOAL ALIGNMENT: Professional development.
FISCAL IMPACTS: Cost of conference registration to be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not be able to vote on the Resolutions at the Annual League of California Cities Conference.
FOLLOW UP ACTION: Implement City Council Direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Resolution
RESOLUTION O.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
APPOINTING A VOTING DELEGATE TO THE
2022 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
WHEREAS, the Annual League of California Cities Conference will be held at the Long Beach Convention Center from September 7 through 9. 2022; and WHEREAS. traditionally, the Ma’or is appointed to he the City of Avalous voting delegate and an alternate is selected: and
WHEREAS, the Mayor. and the Mayor Prolem will be attending the Annual League of Ca]ifornia Cities Conference and available to vote at the Annual Business Meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon hereby resolves as follows:
I. Mayor Ann II. Marshall shall be the City of Avalon’s Voting Delegate, and
2. Mayor ProTem Michael Ponce shall he the Alternate Voting Delegate.
PASSED, APPROVED AND ADOPTED on the 2 day of August, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:ABSENT;
Ann H. Marshall. Mayor
ATTEST:
Gabrielle \4orones. Deputy City Clerk / Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: ________ PREPARED BY: Devin Hart, Administrative Analyst SUBJECT: Authorize Voting Delegate for Los Angeles Division League of California Cities Division Installation
RECOMMENDED ACTION(S): Designate Councilmember Michael Ponce as the City’s representative and authorize him to vote during the Los Angeles Division League of California Cities Installation meeting on August 4, 2022.
REPORT SUMMARY: This item appears on the agenda at the request of a member of the CityCouncil.
The Los Angeles County Division of the League of California Cities (LOCC) is comprised of 86 cities within Los Angeles County.
The Los Angeles Division Annual Installation Ceremony and Dinner will take place on August 4, 2022 in Diamond Bar, CA. Councilmember Ponce plans to attend the meeting and requested permission to represent the City of Avalon and participate in the meeting as a voting delegate.
GOAL ALIGNMENT: Professional development.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have a voting delegate in attendance at the meeting.
FOLLOW UP ACTION: Implement City Council Direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM: (o
ORIGINATING DEP: Administration CITY MANAGER: ________ PREPARED BY: Devin Hart, Administrative Analyst SUBJECT: Denial of Appeal #22-01 Regarding Planning Commission Action of PC #2783 Approving a Setback Variance at 261 E. VVhittley RECOMMENDED ACTION(S): Adopt a resolution formally denying Appeal #22-01 and setting forth findings made.
REPORT SUMMARY: On April 20! 2022, the Planning Commission took action on a request for approval of a Site Plan and a Setback Variance at 261 E. Whittley for the ongoing remodel of aduplex in the Medium Density Residential zone.
On May 3, 2022 Charles Canby, and other surrounding property owners, filed a timely appeal(Appeal #22-01) of the Planning commission’s decision, requesting that the City council hear the Project de novo at a public hearing.
The appeal was considered by the city Council during the June 8! 2022 regular City Council meeting. City Council requested more information from City Staff and the matter was continued to June 21, 2022. At the June 21, 2022 meeting no new information or testimony was provided and the item was continued to the July 19, 2022 regular meeting of the City Council.
During the July 19, 2022 meeting, the City Council denied the appeal! and established the condition that the property owner at 261 E. Whittley was not permitted to increase the square footage of the site plan currently on file with the Planning Department.
City Staff recommend the City Council’s denial of the appeal and additional conditions be formally memorialized by resolution.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council’s denial of the appeal will not be formally memorialized.
FOLLOW UP ACTION: Implement City Council Direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Resolution 1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVALON DENYING APPEAL 22-01 AND UPHOLDING THE
4 PLANNING COMMISSION’S DECISION IN PC
RESOLUTION 22-08 TO APPROVE A SITE PLAN ANDSETBACK VARIANCE AT 261 EAST WHITTLEY AVENUE. 6 WHEREAS, Scott Vanevery (“Applicant”) fled an application (“App1ication’) for a site plan approval regarding the remodel of a property located at 261 East Whittley Avenue. Avalon, 8 California, further described as assessor’s parcel number 7480-027-020. in the Medium Density Residential Zone (“Site”); and
10 . . WHEREAS, staff deemed a setback variance necessary after additional review of the 11 Application (site plan and setback variance are collectively’•• Project” or “Application”) and 12 monitoring of ongoing construction activities, which resulted in the nullification of specific legal nonconfoning conditions on the Site: and
13 14 WHEREAS. on March 16, 2022 the Planning Commission of the City of Avalon 15 (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled meeting considering the Application at which time all persons wishing to testify in connection with the 16 Application were heard and the Application was comprehensively reviewed: and17 18 WHEREAS, the Application was held over in the March 16,2022 meeting. and then was subsequently approved on April 20, 2022 by the Planning Commission in Resolution 22-08 of 19 PC #2783 Granting and Approving a Site Plan and Setback Variance for the Remodel of an Existing 20 Residence at 261 E. Whittley; and
21 WHEREAS. on May 3.2022 Charles Cathy. and other surrounding property owners. filed a timely appeal of the Planning Commission’s decision, requesting that the City Council hear 23 the Project appeal at a public hearing: and24
WHEREAS. the duly noticed public hearing was opened on June 8,2022. continued to June 21. 2022. and thereafter continued to July 19,2022 in order to collect all documentation fbr 26 the City Council to make an informed decision on the appeal; and 27 28
65059.00000\40428 101.1
1 WHEREAS. at a public hearing on July 19. 2022. at which all parties wishing to speak were heard, the City Council considered the appeal of the Application; and 3 WHEREAS. the City Council was informed that if the setback variance were not granted, the project would. in accordance with Avalon Municipal Code, need to be built further up — the hill which would block the view of neighboring residents., which would mean that strict application of the municipal code would cause unnecessary hardship to neighbors. and the impacts 6 on adjacent neighbors equate to an exceptional circumstance that justifies treating this property differently than others, and granting the variance serves the public welfare by maintaining neighborviews; and 8 9 WHEREAS, in addition to the above additional findings, the City Council adopts all 10 other findings made by the Planning Commission in Resolution 22-08 of PC #2783 Granting and Approving a Site Plan and Setback Variance for the Remodel of an Existing Residence at 261 E.
Whittley. and finds that the requirements of Avalon Municipal Code Section 9-405 were met at the 12 time of approval; and
14 WHEREAS. all other legal prerequisites to the adoption of this Resolution have occurred.
15 NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF Il-IL CITY 16 OFAVALON:
17 SECTION 1. All Recitals set forh herein are incorporated by reference.18 SECTION 2. CEOA. The City Council finds the appeal of the Application 19 considered herein is not a project subject to the California Environmental Quality Act (“CEQA”) 20 because the appeal of Planning Commission’s approval in itself has no potential to result iii either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA 21 Guidelines. § 15060. subd. (b)(2)-(3). 15378.) The Planning Commission adopted findings that the Project was exempt from CEQA under Section 15301(e) of the State CEQA Guidelines — Existing 22 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. “ whichever is less.24
SECTION 3. The City Council ofthe City of Avalon hereby denies the appeal ofthe 25 Application following the July 19.2022 public hearing and by majority vote upholds the decisions of the Planning Commission approving the setback variance and Application findings, subject to the 26 added condition that the structure, as finally built, does not exceed the total square footage of the 77 plans which were on file with the Planning Department as of July 19, 2022. This will be an added Condition of Approval incorporated into the Application findings approving the Project by the 28 2
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Planning Commission Resolution 22-08 is otherwise incorporated in full in its entirety and includedas an exhibit.
SECTION 4.
adoption.
ATTEST:
Effective Date. This Resolution shall become effective upon its 1 2
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12 PASSED. APPROVED AND ADOPTED this ___ day of 2022.
Ann H. MarshallMayor
Gabrielle MoronesDeputy City Clerk
APPROVED AS TO FORM:
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City Attorney
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Attachment I: PC Resolution 22-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON,
CALIFORNIA, GRANTING AND APPROVING A SITE PLAN AND SETBACK VARIANCE FOR THE REMODEL OF AN EXISTING RESIDENCE AT 261 E WHITTLEY; APN 7480-027-020
WHEREAS, Scott Vanevery (“Applicant”) flied an appilcation (“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 7480-027-020, in the Medium Density ResidentialZone; 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 the Site; and
WHEREAS, on March 16, 2022 the Planning Commission of the City of Avalon (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled meeting considcring thcApplication at which time all persons wishing to testify in connection with the Application were heard andthe Application was comprehensively reviewed; and WHEREAS, on March 16, 2022 the Planning Commission of the City of Avalon (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled meeting considering theApplication at which time all persons wishing to testify 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 recordon 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 additional 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 Proj ect iscategorically exempt from CEQA under 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 2019; 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 follows:
Section I All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8.203, and based on the entire record before the Planning Commission. all written and oral evidencepresented to the Planning Commission, and the findings set forth below, the Planning Commission approvesthe Site Plan subject to the conditions set forth iii the attached Exhibit “A (a Evetj’ use, development of land and applicati n of development standards shall lake place in compliance wit/i 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) Even’ use, development ofland and application of development standards shall be considered on the hastc of the suitability of (lie 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, prevent adverse effects on neighboring property and shall he in general accord wit/i all elements oft/ic GeneralPlan. 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 withthe Avalon General Plan and its objectives of providing qtiality housing. After existing as nonconforming for close to 50 years, the granting of this application will have a limited effect on the character of (lieneighborhood. Furthermore, the full demolition/replacement of the snbpar structure minimizes bl iglit and abates any potential public safety hazards.
(c) Every use, development of land, application of developnwnt standards shall be considered on the basis ofsuitable andfunctional development design, hut is not intended that such approval be interpreted to require a particular 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 PlanningCommission grants a setback variance, subject to the conditions of approval set forth in the attached Exhibit“A.”a) The strict application of the zoning ordinance will result in unnecessary hardship as follows: The home owner would have to halt construction. modit* the existing building plans that were previouslyapproved, resubmit to the City and complete an additional plan check. b) There are exceptional circumstances that apply to development ofsaid property which do not apply toother properly in the neighborhood. While the property doesn’t quali’ as a “hillside lot” according to its front/rear elevations, the topography varies throughout and slopes dramatically at this location, whichcontributed to the overall instability of the preexisting structure. Despite the property owners original intentto maintain the preexisting structure’s nonconformity, the relocation and ultimate demolition of the entirebuilding resulted from exceptional circumstances. c,) The granting ofthic Variance will not be detrimental to the public welfare or neighborhood proper/v because: The structural footprint will remain almost exactly as it has existed since original construction.d) Granting of thtc Variance will not be contrary to the objectives of the Local Coastal Program asadopted because: A NOFA was filed to the California Coastal Commission in 2019 for the entire scope ofwork.
Section 3. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission hereby finds the nature andextent of the dedications, reservations, impact fees, and other exactions set forth in Exhibit “A”, ifany, arereasonably related to public needs and roughly proportional to the impacts created by variances for the Site.
Section 4. Pursuant to Section 9-8.109 and 9-8.407 of the Code, the site plan set back variances shall become effective fifteen (15) days after the receipt by the Applicant ofa written notice of action taken unless an appeal has been made to the City Clerk of Avalon within the said fifteen (IS) days.
Section 5. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certi1’ the adoption thereof.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application.
PASSED, APPROVED AND ADOPTED this 20” day of April, 2022.
Chairman Eric l-luart
ATTEST:
Dave Maistros, City ManagerCERTIFICATE
I, Rocio Dc La Cruz, 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. bythe following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Rocio Dc La Cruz. Planning Administrative Assistant
Exhibit “A”
Conditions of Approval
261 East Whitiley Avenue
The following conditions are specUic to PCApplication #2 783:
I. This project approval shall expire on April 20, 2025 unless a time extension is requested. approved, and filed w itli the P1 ann i ng 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 genetal welfare, including any pertinent factors affecting the establishment. operation or maintenance of the requested use.
The following conditions require add,twnal action b’ or documentation from, the applicant before building permitc can he issued:
The Cailfornia 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 oftlie environmental filing at the Los Angeles County Clerk’s Office. Once fees have been paid, the applicant shall submit a copy of alldocumentation to the City of Avalon, veri’iug the fees have been paid. Said permit shall not becomevalid, vested or operative until the fee has been paid.
No development, including demolition/construction work, shall commence on the subject propery until appropriate permits have been applied for and obtained from City of Avalon Building and SafetyDeparttuent.
If applicable, confirmation is provided by SCE that this proect will not require additional flesh water.Projects resulting in demolition ofexisting 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 assessedfor 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 of a demolition permit or building peniiit.Projects requiring excavation andor grading in a mapped archeologically area defined in the Cultural Resources Management Plan for the City, may be required to have a qualified archeological monitor onsite during excavation and or grading.
Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a building permit.
Projects requiring excavation in the public right of way must obtain excavation permits prior to orsimultaneous with the issuance of a building permit.
Projects subject to payment of Long Beach Unified School District fees must provide proof of paymentor exemption prior to issuance of the building permit.
The following conditions applr to all projects:
The project shall he under construction (defined as foundations in and framina in progress)within 36 months of this approval or all permits ‘viii be null and void.Projects located in the floodplain as defined by the FIRM (Flood Insurance Rate Map). must provide a base flood elevation certificate for the new or substantially improved structure resulting from thisapplication before a building permit can be issued.
Legal lot status must be verified in compliance with local and state subdivision laws, including the Subdivision Map Act (SMA”) prior to the expiration of this project approval. Should any land division violation he determined, the applicant may request a Certificate of Compliance to create a huildableparcel.
If the City discovers that material facts were not disclosed by applicant or that facts provided by theapplicant were different than tepresented. the City may impose additional conditions of approval tomitigate any adverse impacts. The Planning Commission may revoke or modif’ the approval in the fi,ture if the Commission finds it to be detrimental to health, safety, comfort, general welfate of the public:
constitutes a public nuisance; if the permit ‘vas 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 plans unless written approval is given by the Planning Department.This approval does not abridge or supersede the regulatory powers and permit requirements of anyfederal, state, or local agency requirements. which may retain a regulatory or advisory ftinction as specified 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 othet 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 projcct 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 business licenses inconipl iance with all local, state, and federal laws al lowing them to work in the City.
Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.
Approved fire walls shall be constructed as required by the adopted Building Code.Fite Suppression system is required if the project is for:
a) New Structure: or
b) Rehabilitation, remodeling or reconstruction of twenty five percent (25%) or 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 SI 0000.00.
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 building or result in a building being held open to the public where the prior use was for private purposesonly. 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 fromcommercial 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 liquor at a restaurant.”
e) Work has been done without City permit(s) and City tiles du 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 prior to the un-permitted work.
The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintaincd in a healthy and thriving condition. During construction activities, the applicant shall remove daily accumulation of mud and dirt from any roads adjacent to the site: any removal of vegetation or construction materials shall be lawfully disposed of.Non-potable water must he used for dust control during construction.
The entire sanitation system shall be connected to the City salt water system.
The design and construction of all sewers shall be approved by the Department of Public \Vorks. including the design and construction ofse\ver connections and laterals.
Structural drainage shall be provided 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 standing water.
All platis and specifications must be approved by the City of Avalon Building Department prior toconstruction beginning.
City staff shall review and approve location, size and noise output of anN mechanical devices.
Any changes mandated by the City of Avalon Building Department that would require an amended site plan 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
• Sewer facilities easement
• Landscape easement• Storm drain easement
Any existing public improvements which are damaged as a result of construction regarding the projectshall be repaired or replaced to the satisfaction of City staff at the Ownei/Applicant’s sole cost before a certificate of occupancy can be issued.
Owner/Applicant agrees to indemnify, defend, and hold the City harmless, with counsel reasonablyacceptable to the City, from costs and expenses, including attorney fees, incurred by the City or held tobe the liability of the City in connection with the Citys defense of its actions in any proceeding broughtin any State or Federal court challenging the City’s actions with respect to the project. Owner/Applicant understands and acknowledges that the City is under no obligation to defend any legal actions challengingthe project.
Any preexisting Municipal Code violations at the properly 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 to the 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 be completed to the satisfaction of the City Planning Department priorto occupancy of the project.Project applicant must pay the City all statutory fees under the City’s fee ordinance, unless otherwisewaived by the Director.
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM: 7ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Administrative Analyst & Deputy City ClerkSUBJECT: First Reading of an Ordinance Amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relatingto Temporary Use Permits RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits.REPORT SUMMARY: The City adopted the Temporary Use Ordinance during its March 7, 2017 regular City Council meeting. The ordinance was established to address instances whenthe City received a land use request that was not necessarily permitted within a specific zone, but which the City may be inclined to allow. At the time the City did not have a formal process for reviewing and issuing temporary use permits.The adopted ordinance allowed the City Manager to grant temporary use permits for any usethat is:
1. For a specified and limited duration of time.
2. Consistent with the general purposes of the General Plan.
3. Consistent with the health, safety and welfare of the surrounding community.
4. Not otherwise permitted within the specific zone.
Additionally, the ordinance requires the City Manager make the following findings in order to approve a temporary use permit:
- The operation and maintenance of the use will be conducted so as to minimize the impact on existing uses on adjoining properties and in the surrounding areas. - The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for pedestrian safety.
- All structures and equipment are erected and maintained in compliance with the Municipal Code.
- The subject site will be restored to its original or better condition upon termination of the temporary use.
- The temporary use is not detrimental to the public health, safety and welfare and specific identifiable benefits to the City of Avalon and its residents.
As the City Manager approves the permits, he also has the authority to impose additional conditions.
When the original ordinance was introduced, the City Council requested the ordinance include a provision that would sunset the process after two years if not extended by the City Council.
City Staff recommend extending this ordinance and permitting process without a provision that will sunset it in the future.
GOAL ALIGNMENT: n/a
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No temporary use permit process will exist.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Ordinance Amending Chapter 9-7.1 0A02 of Title, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits.
2. Temporary Use Permit
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVALON AMENDING TITLE
9, CHAPTER 9-7, ARTICLE IOA OF THE AVALON MUNICIPALCODE, PROVIDING FOR THE AUTHORIZING ADMINISTRATIVE
APPROVAL OF TEMPORARY USE PERMITS
WHEREAS, the City Council has established certain development standards for development within the City in order to ensure orderly and aesthetic growth and development and to protect the health! safety and welfare of the City; and WHEREAS, the City Council adopted its General Plan on or about June 2013 to guide future developments and growth; and
WHEREAS, as a part of the General Plan, the City will be updating its zoning ordinances to implement the goals and policies of the General Plan which include, among other things, promoting land use policies that reduce energy and water consumption; air and water pollution,increase intensity of development on vacant and underutilized properties, concentrate high intensity commercial use, pursue new developments and businesses that add to the City’s economic base, and work collaboratively with landowners to achieve a jobs/housing balance; and WHEREAS, the update of the zoning ordinances will necessarily involve properly designating areas by the uses permitted, both by right and conditionally. Pending the rezoning,there may be occasions where the temporary use of a property should be allowed when consistentwith the goals and policies of the General Plan; and WHEREAS, the City Council amended the municipal code to provide for and authorize administrative approval of temporary use permits subject to approval of the City Manager, with appropriate conditions, and appeal to the City Council; and WHEREAS, the amendment to the municipal code included an expiration date. unless renewed by the City Council; and
WHEREAS, the temporary use permit process provides an important ministerial process by which land use requests not necessarily permitted within a specific zone may be considered for a temporary and specified period; and
WHEREAS, the City Council now desires to amend the Avalon Municipal Code to re establish the process for temporary use permits; and
WHEREAS, the ordinance will not be have a termination date unless directed by the City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.
Section 2. Avalon Municipal Code Title 9, Chapter 9-7 Article 1OA and is amended to read as:
9-7.1OAO1 —Temporary Use Permits.
(a) Purpose. The purpose of this section is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to encourage development within the City Center Area, to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, to minimize any adverse effects on surrounding properties and the environment, and to ensure that the temporary use is removed in a timely manner and the site restored to its original condition.
(b) Uses Allowed by Temporary Use Permit.
A temporary use permit may be issued for any
use that is not permitted in a particular zone, but that is otherwise consistent with thegeneral purposes of the General Plan, consistent with the health, safety, and welfare of the surrounding community, and that is of a specific and limited duration.
A temporary use
as which does not have a valid and current temporary use permit, and which is not otherwise a permitted use in the zone, is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws. (c) Temporary Use Permits for Construction. In addition to the uses authorized above, the uses for which a temporary use permit may issue include, but are not limited to, the following:
1) Construction Staging Areas, which shall mean the temporary use of property by a licensed contractor engaged in a permitted construction project for storage of construction equipment and materials, only for the duration of theconstruction project. 2) Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities. 3) Temporary Structures for Specific Uses and Time Periods. Such structures may include manufactured or modular buildings, trailer coaches, self-containedrecreational vehicles] or similar temporary facilities for uses including the following:
a. Temporary construction offices serving active construction sites;b. Tanks, pumps and similar structures for groundwater quality remediation; and
c. Temporary storage containers serving active construction sites only. d. General Provisions.
i. The City Manager may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions andlimitations, including but not limited to hours of operation. provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noisecontrol, sanitary facilities, refuse collection and disposal, fire protection. provision of utilities, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed temporary use.
H. The City may require a cash deposit or other security as approved by the City Attorney to defray costs related to the permit or the use, including but not limited to potential costs for the cleanup of the site by the City, in the event the applicant failsto leave the property in a presentable and satisfactory condition, or potential costs to guarantee removal andlor conversion of any temporary use.
Hi. The temporary use permit shall identify its expiration date, which shall be the date that the use is reasonably expected to terminate. Upon issuance of a temporary use permit, the City Manager shall immediately notify the City Council and put noticeof the issuance of the temporary use permit on the City’s website. The expiration date shall not be beyond one year from the date of issuance. unless good cause is shown. The City Manager may approve or conditionally approve an extension of a temporary use permit, provided that there is good cause for the extension. The City Council shall consider any issuance or extension of a temporary use permit that goes beyond two years. Notwithstanding the expiration date, temporary use permits shall automatically terminate upon the abandonment or termination of the temporary use.
iv. If the temporary use permit is related to construction, then the permit shall identify the site upon which the construction isproceeding. The temporary use permit shall automatically expire within 30 days of completion of construction. For purposes of this section, “completion” shall have the samemeaning as in § 8180 of the California Civil Code, as amended from time to time. Unless otherwise specified by an approved temporary use permit. all sites for temporary uses shall be cleaned of trash, debris and any temporary structures prior to expiration of the permit.
v. Temporary use permits shall not run with the land.
A change in
ownership or operator of a use or structure subject to
a
temporary use permit, as specified in this section, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this section which allow such temporaryuses or structures. e. Application Procedure.
A request for a temporary use permit shall be
submitted to the Planning Department on a form provided for thatpurpose by the Planning Department. along with the required fee established by resolution of the City Council. The City Manager may require additional information where deemed necessary to complete the City’s review and evaluation.
f. Approval Authority. The reviewing authority for temporary use permits shall be the City Manager. In approving any temporary use permitapplication, the City Manager shall make all of the following findings:
i. The use is consistent with the general purposes of the General Plan and this sectionS
U. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties.
Hi. The operation and maintenance of the use will be conducted so as to minimize the impact on existing uses on adjoining properties and in the surrounding area.
iv. The temporary use will have adequate parking. ingress and egress. traffic circulation and access, and provisions for pedestrian safety.
v. All structures and equipment are erected and maintained in compliance with the Municipal Code.
vi. The subject site will be restored to its original or better condition upon termination of the temporary use.
vU. The temporary use is not detrimental to the public health, safety and welfare and has specific identifiable benefits to the City of Avalon and its residents.
g. Appeals. The reviewing authority’s decision on a temporary use permit shall become final 10 days after notice of the action is given to the applicant. The applicant may appeal to the City Council by filing a notice of appeal with the City Clerk prior to the decision becoming final. The decision of the City Council shall be final.
h. Violations and Revocation.
i. The provisions of § 9-8.1001 and 9-8.1101 shall apply to temporary use permits issued under this section.
H. Any temporary use permit is subject to revocation if the use is being conducted in violation of the Municipal Code, the terms and conditions of such permit or otherwise in violation of the law, or if the temporary use permit was obtained by fraud. Anotice of revocation shall provide the holder of the permit with the opportunity for a hearing prior to revocation. Failure to request a hearing within the time stated in the notice of revocation shall render the revocation final. If requested, thehearing shall be before the City Manager whose decision shall be final.
Q-7.1QA02 Effective Date and Terminat+enma4i€eIl-becorne-effectw.e-gQ the date of its adoption unless extended
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisionsshall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection1 subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.
Section 4. CEQA Exemption. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (‘CEQA”) pursuant to Sectionl535S (the activity will not result in a direct or reasonably foreseeable indirect physical change in theenvironment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly orindirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15051 (b)(3) (there exists no possibility that the activity will have asignificant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be publishedand/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective 30 days from the date of adoption.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 2 day of August, 2022, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 161h day of August, 2022, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
CITY OFAVALON
TEMPORARY USE PERMIT*
APPLICANT:
STREET ADDRESS OF PROJECT:
APPLICANT/OWN ER: __________ MAILING ADDRESS OF APPLICANT:
EMAIL:
APN:
PHONE:
EXISTING USE: PROPOSED USE:
PROPOSED IMPROVEMENT
(A SCALED DRAWING MUST BE ATTACHED TO THIS APPLICATION) APPLICANT/OWNER SIGNATURE:
DFFICE USE:
Period of Temporary Use: From:_ To:
APPROVED:
CONDITIONS:
APPROVED WITH CONDITIONS: _____ City Manager Date
AMC Sec. 9-7.IOAOI Temporary Use Permits.
Uses Allowed by Temporary Use Permit. I tdnlpnrair use pci/nit mm he issuet//Or ama use that is tiot permitted in a particular zone. hut that is athcri,ise consistent nit/i i/ic general purposes oft/ic General P/au. consistent Uit/i thehealth, safeR’, and welfare oft/ic s urioundi zg conlnh?mnit), cmnI (liar is ofa specific omit? Ii tijied duration A tempomam) uscas which does miot have a ‘alid and current tenipomarv use permit, and n/vt/i /5 miot otheniise a permitted use in ‘lie zomie is hereby declared to be a public nuisance, subject to the en/orcement provisions 0/i/ic Municipal Code and other applicable laws.
(Cont’d on back)
DATE:
Tempo’a,’t L se Pei’mi,.cJhi’ Cm;srrucrion In addition to the uses authorized aba’. e. the uses for which a temporary use permit ma’ issue include. hut are not limited to. the following:
ill Construction Staging Areas. which shall mean the temporar\ use of propcrt by a licensed contractor engaged in a permitted construction project l& storage of construction equipment and materials, only for the duration of the construction project. t2) Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials lhr a limited period of time. on a property where such material is not proposed to be used for construction acti’ ities. (3) Temporary Structures for Specific Uses and Time Periods. Such structures may include manufactured or modular buildings. trailer coaches, self-contained recreational vehicles, or similar temporar\ facilities for uses including the following:
a. Temporary construction offices 5cr’. ing acti; e construction sites:b. Tanks, pumps and similar structures for groundwater quality retnediation: ande. Temporar storage containers ser’ing acti’e construction sites only In approving any temporary use permit application, the (‘ity Manager shall make all of the following findings:
I) The use is consistent ‘.‘ ith the general purposes of the General Plan and this section. (2) Appropriate measures have been taken to protect the ptthlie health. salët.and general welfare to lllillimive detrimental effects on adjacent properties.
(3) ‘[he operation and maintenance of the use will be conducted so as to minimize the impact on existing uses on adjoining properties and in the surrounding area.
(4) The temporary use will have adequate parking. ingress and egress. traffic circulation and access. and provisions lbr pedestrian safety.
(5) All structures and equipment are erected and maintained in compliance with the’Municipal Code.(6) The subject site will be restored to its original or better condition upon termination of the temporary use.(7) ‘l’he temporary use is not detrimental to the public health, safety and welfare and has specific identifiable benefits to the (Ity ofAyalon and its residents.
General Provisions.
I ) The City Manager may approve, conditionally approve or deny a permit for a temporan use, and may establish conditions and Ii tations, net tiding but not limited to hours of operation. pro’. ision of parking areas, signs. lighting. traffic circulation and access. temporary or permanent site iniprovement. iioise control. satntary facilities. reftise collection and disposal. lireprotectiot. pro’. ision of utilities, and other measures necessary to mini mile potential effects on properties adjaccmtt to or inthe vicinity of the pi’oposed temporary use. (2) ‘l’he (‘ity ma’. require a cash deposit or other securit’ as approved by the City Attorne’ to defray costs related to the permit or the use. includina but not limited to potential costs hr the cleanttp of the site by the (‘ity . in the e’. ent the applicantfails to lea’ e the propert in a presentable and satisfactory cnndition. or potential costs to guarantee removal and!orcon’ ersinn of any temporary ttse, (3) The temporar use permit shall identify its expiration date. which shall he the date that the use is reasonably expected to terminate. Upon issuance ofa temporer’. use permit, the City Manager shall immediately notify the City Council and put notice of the issuance of the temporary use permit on the City’s website, the expiration date shall not be beyond one t I ) year from the date of issuance, unless good cause is. The Cits Manager may appro’. e or conditionally appro’. e an extension of a tetnporary use permit. pro’. ided that there is good cause for the extension. The City Council shall consider any issuanceor extens:on of a temporar use permit that goes beyond two (2) years. Notwithstanding the expiration date. tempornr use permits shall automatically terminate upon the abandonment or termination of the temporary use, (4) If the temporar use permit is related to construction, then the permit shall identit the site upon s’. hich the construction is proceeding. The temporary use permit shall automatically expire within thirty (30) days of completion of construction, For purposes ofthis section. ‘‘complehon” shall ha’.e the sante meaning as in Section 8180 of the Calit’ornia Ci’ it (‘ode, asamended from time to time. (5) Unless otherwise specified by an approved temporar ttse permit. all sites for temporary uses shall he cleaned of trash. debris and any temporary structures prior to expiration of the permit. (6) Temporar’ use permits shall not run with the land. A change in ow ncrship or operator of a use or strtteture suhj en tim a temporan usc permit. as specified in this section. or an appro’.ed change or modification to the structure or usc allowed on a parcel subject to such a permit. shall not affect the time periods established by this section which allow such temporary uses or structures.
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 2, 2022 AGENDA ITEM: (3
ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Administrative Analyst & Deputy City Clerk SUBJECT: Discuss Chapter 6, Section 6.13 of the Avalon Municipal Code Regarding Water Conservation and Phase One Enforcement ofFresh Water Conservation RECOMMENDED ACTION(S): Discuss Chapter 6, Section 6.13 of the Avalon Municipal Coderegarding water conservation and enforcement of Phase One water conservation. Provide direction to Staff.
REPORT SUMMARY: This item appears on the agenda at the request of a member of the City Council.
In 2001 the City of Avalon adopted an urgency ordinance (Ordinance #997-O1U, effective January 17, 2001) establishing legislation regarding mandatory conservation measures that willbe implemented when Southern California Edison (SCE) begins “Phase One” water conservation.
Per the Ordinance:
Until such time that Southern California Edison or other provider of freshwater to consumerswithin the City of Avalon, has lifted Phase One of the Santa Catalina Island Fresh Water Rationing Plan (the ‘Plan’) as set forth in Rule 14.1 of the tariff issued by the California Public Utilities Commission, it shall be unlawful for any person to cause or to permit to be caused, any use of freshwater supplied by such provided, as follows:
(a) The washing of streets, driveways, parking lots, patios, piers, sidewalks, tennis courts, walkways, and other hard-surfaced areas by hosing or by use of fresh water directly from faucets or other outlets, except where done by means of a bucket or container not exceeding a three gallon capacity;
(b) The washing of motor vehicles, trailers, boats, golf carts, or airplanes by hosing or by use of fresh water directly from faucets or other outlets, except where done by means of a bucket or container not exceeding a three gallon capacity; (c) The use of fresh water from fire hydrants for any purpose other than fire suppression; (d) The use of fresh water for soil compaction;(e) Watering of outdoor landscaping and vegetation by hoses or sprinkling systems except between the hours of 7:00 a. m. to 9:00 a. m. and 5:00p.m. to 7:00 p.m. during the period that Pacific Daylight Time is in effect, and from 6:00 am. to 8:00 am. and 4:00 p.m. to 6:00 p.m. during the period that Pacific Standard Time is in effect. Watering by use of a bucket or container not exceeding a three gallon capacity is permitted at any time. (f) The service of drinking water to a customer at any restaurant or bar or other place which serves food and/or beverages except upon request by such person. Businesses subject to this subsection shall post notice thereof in a conspicuous place, bearing language similar to the following: “In order to conserve Avalon’s limited fresh water supply, wateris served upon request only.” The City of Avalon shall be exempt from the provisions of § 6-6.13, but the City Manager shall implement all reasonable measures to conserve freshwater use by the City.
A first violation of this section shall be punishable as an infraction, subject to a $50 fine. A second violation committed within 12 months of the first violation, and any subsequent violations thereafter, shall be punishable as a misdemeanor
The California Public Utility Commission has authorized SCE to begin Phase One waterconservation as outlined in Rule 14.1 of the tariff effective July 10, 2022. SCE has indicated they would be interested in overseeing much of the responsibility of enforcement of this ordinance, including hiring personnel to ensure compliance.Staff recommends allowing SCE to work in partnership with Code Enforcement.
GOAL ALIGNMENT: Sustainability.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No temporary use permit process will exist.FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: None.