Agenda — Avalon City Council, August 16, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 16, 2022 - 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (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 Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON'S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the 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 [email protected].

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityotavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://us06web.zoom.us/j/83695361384?pwd=OG8xbHI0SnEvVzhnNWd4dDZiVUVZUT09

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.us/j/83695361384?pwd=OG8xbHI0SnEvVzhnNWd4dDZivUVZUT09, 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.
1) Join Zoom Meeting via the internet:

URL: https://us06web.zoom.us/j/83695361384?pwd=OG8xbHI0SnEvVzhnNWd4dDZiVUVZUT09 Meeting ID: 836 9536 1384

CITY COUNCIL AGENDA
AUGUST 16, 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: 836 9536 1384
Nhen you would like to comment during the meeting enter activate the "raise hand" button at the time the Agenda Item is being presented torad to 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 / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS / MAYOR REPORT

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

PRESENTATION - Stephanie Pace Brown, Executive Vice President of SMARInsights, will present summary results of the 2022 Love Catalina Island Stakeholder Survey. (15 minutes)

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

Recommended Action
Approve minutes from the August 2, 2022 regular City Council Meeting.

Warrants
Expenditures Submitted for Approval
Warrants in the amount of $617,114.38.

One payroll in the amount of $237,337.57.

Three electronic fund transfers totaling $81,005.11.

CITY COUNCIL AGENDA
AUGUST 16, 2022
PAGE 3
Recommended Action
Approve total expenditures for July 25, 2022 through August 5, 2022 totaling $935,457.06.

Findings to Continue to Hold Remote Teleconference/Virtual 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. lo continue this practice, it is required, that the City Council determine that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local 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. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming September 13, 2022 meeting and thirty (30) days thereafter.

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

4. Adopt an Ordinance Amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits This ordinance was introduced and all future readings waived at the August 2, 2022 City Council meeting. The City adopted the Temporary Use Ordinance in March 2017. 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 Action
Adopt 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.

5. New Copier Contract
The City Hall copier lease expires on November 16, 2022. The agreement requires the City provide MRC a minimum of 60 days written notice if the City does not intend to renew the agreement, otherwise, the lease continues for an additional one year period.

Recommended Action
Authorize the City Manager to execute an agreement with MRC Smart Technology Solutions for a 60-month lease and service agreement on the Xerox AltaLink Color Multi- function printer/copier.

CITY COUNCIL AGENDA
AUGUST 16, 2022
PAGE 4

6. Resolution Supporting Broadband Infrastructure
This item appears on the agenda at the request of a member of the City Council. The Councilmember requested a resolution be adopted stating the City's support for the expansion and development of broadband infrastructure.

Recommended Action
Adopt a resolution supporting efforts to expand or develop broadband infrastructure for the benefit of the citizens of the City of Avalon and Santa Catalina Island.

GENERAL BUSINESS

7. Introduce and Waive All Readings of an Ordinance Repealing and Replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code Regarding Noise The volume and frequency of noise caused by amplified music at commercial establishments as well as amplified music from residential areas has been the cause of recent and significant public complaints. Staff have proposed revisions to the noise ordinance to allow for better control and assessment of noise in Avalon.

Recommended Action
Consider the revised noise ordinance. If consensus, introduce and waive all further readings of an ordinance repealing and replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code regarding noise.

ADJOURN

NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, August 16, 2022 was posted on Friday, August 12, 2022 on the City's website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.

Di Clis Haut
Devin Elise Hart, Administrative Analyst and Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 16, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: DUL
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the August 2, 2022 regular City Council Meeting.

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

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

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

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

ATTACHMENTS:
1) August 2, 2022 Regular City Council Minutes.

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

MINUTES
Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON'S CITY COUNCIL and PLANNING

COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The 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.

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/Sr. Administrative Assistant Gabrielle Morones.

WRITTEN COMMUNICATIONS-None.

ORAL COMMUNICATION-Deputy City Clerk Gabrielle Morones announced into the record that the city received one written communication (via [email protected]) requesting the Harbor Dept. issue a special permit for advanced divers to dive between bouys W45 and W46 in Descanso Bay and requesting this topic be placed on a future agenda for discussion.

PRESENTATION - A representative from Southern California Edison updated the City Council regarding implementation of Phase One water conservation. Mary Schickling recused herself due to a Conflict of Interest.

CONSENT CALENDAR-There were 6 Items on the Consent Calendar. Councilmember Ponce pulled Item #6 for a separate vote. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Michael Ponce (All Ayes).

CITY COUNCIL MINUTES
AUGUST 2, 2022
PAGE 2
Minutes
Approve minutes from the July 14, 2022 Special City Council Meeting and July 19, 2022 regular City Council Meeting.

Warrants
Approved warrants in the amount of $886,438.89, one payroll in the amount of $229,324.76, two electronic fund transfers totaling $39,885.38 for a total of $1, 155,649.03 for July 11, 2022 through July 22, 2022.

Board of Directors Appointment for the Gateway Cities Council of Governments Appointed 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
Adopted Resolution No. 22-45 of the City Council of the City of Avalon appointing Mayor Marshall as the Voting Delegate and Mayor Pro Tem Michael Ponce as an Alternate Voting Delegate for the Annual League of California Cities Conference in September 2022.

Authorize Voting Delegate for Los Angeles Division League of California Cities Division Installation
Designated Councilmember Michael Ponce as the City's representative and authorized him to vote during the Los Angeles Division League of California Cities Installation meeting on August 4, 2022.

PULLED ITEM

6. Denial of Appeal #22-01 Regarding Planning Commission Action of PC #2783 Approving a Setback Variance at 261 E. Whittley
Adopted Resolution No. 22-46 of the City of Avalon denying appeal 22-01 and upholding the Planning Commission's decision in PC Resolution 22-08 to approve a Site Plan and Setback Variance at 261 East Whittley Avenue.

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

CITY COUNCIL MINUTES
AUGUST 2, 2022
PAGE 3

GENERAL BUSINESS
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 Permits Introduced and waived all readings of an ordinance of the City of Avalo amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits.

Motion to approve made by Anni Marshall, seconded by De La Rosa (All Ayes).

8. Discuss Chapter 6, Section 6.13 of the Avalon Municipal Code Regarding Water Conservation and Phase One Enforcement of Fresh Water Conservation Mary Schickling recused herself due to a Conflict of Interest.

Anni Marshall stated that Southern California Edison will be enforcing Phase One water conservation and compliance. No action taken.

Mayor Marshall adjourned the meeting at 5:49 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on August 2, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.

Dalielle Morne
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 16, 2022 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: ДИМ
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for July 25, 2022 through August 5, 2022 totaling $ 935,457.06.

REPORT SUMMARY: These disbursements through August 5"h are comprised of warrants totaling $617,114.38, one payroll totaling $237,337.57, and other electronic fund transfers totaling $81,005.11.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34683-34737 617,114.38 08/05/22 237,337.57 07/29/22
EFT - CALPERS MEDICAL 73,676.31 08/02/22
EFT - CALPERS GASB 68 REPORTING 1,750.00 08/05/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,578.80 08/05/22 TOTAL DISBURSEMENTS $ 935,457.06
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 25, 2022 - AUGUST 5, 2022 DISBURSEMENTS
August 16, 2022

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34683-34737 617,114.38 08/05/22 PAYROLL 237,337.57 07/29/22
EFT - CALPERS MEDICAL 73,676.31 08/02/22
EFT - CALPERS GASB 68 REPORTING 1,750.00 08/05/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,578.80 08/05/22 TOTAL DISBURSEMENTS S 935,457.06

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
16TH DAY OF AUGUST 2022 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 16TH DAY OF AUGUST 2022

AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON
JULY 25, 2022 - AUGUST 5, 2022 DISBURSEMENTS
August 16, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34562 08/01/2022 (825.51) FORTIN, KELLY VOID - PRINTER ERROR 34683 07/27/2022 14,120.00 CALIFORNIA COASTAL COMMISSION FILING FEES - PUBLIC WORKS 34684 07/29/2022 9,357.91 SIRIA'S CLEANING SERVICE 2ND HALF 07/2022 34685 08/05/2022 11,783.92 AAA OIL, INC FUEL - ALL DEPTS 34686 08/05/2022 46.78 ALVAREZ, GISELLE REIMB O/P COSTS 34687 08/05/2022 5,791.19 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPTS 34688 08/05/2022 586.07 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPTS 34689 08/05/2022 1,611.50 CANBY, CLAUDIA SUPPLIES - ALL DEPTS 34690 08/05/2022 4,012.36 CATALINA BEVERAGE CO SUPPLIES - ALL DEPTS 34691 08/05/2022 2,003.75 CATALINA BROADBAND SOLUTIONS INTERNET - ALL DEPTS 34692 08/05/2022 104,500.00 CATALINA CHAMBER OF COMMERCE TOT - 08/2022 34693 08/05/2022 24,083.33 CATALINA COASTAL TOURS & FISHING CONTRACT SERVICES - 08/2022 34694 08/05/2022 112.50 CATALINA ISLAND JANITORIAL SERVICE - ADMIN 34695 08/05/2022 4,000.00 CIVICPLUS, LLC SERVICE - ADMIN 34696 08/05/2022 3,401.75 CMC RESCUE, INC. SUPPLIES - FIRE 34697 08/05/2022 705.87 COOK, AMANDA RETIREE INS - 08/2022 34698 08/05/2022 1,920.54 DION & SONS MARINE FUELS INC FUEL - HARBOR 34699 08/05/2022 40,000.00 DIVERSIFIED COMPOSITES SUPPLIES - HARBOR 34700 08/05/2022 42.32 DWELLEY, ALEXA REIMB O/P COSTS
34701 08/05/2022 774.19 GARCIA, BETTY JO REITREE INSURANCE - 08/2022 34702 08/05/2022 5,500.00 GOVINVEST INC SERVICE - ADMIN 34703 08/05/2022 63.00 HENRY, AUSTIN REFUND - RENTAL FEE 34704 08/05/2022 1,486.00 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 34705 08/05/2022 270.00 JORDAHL CONSTRUCTION HHW DISPOSAL 34706 08/05/2022 460.13 LAWSON PRODUCTS SUPPLIES - HARBOR 34707 08/05/2022 2,475.51 MCMASTER-CARR SUPPLIES - HARBOR/GARAGE 34708 08/05/2022 420.14 MORAN, STEPHEN REIMB O/P COSTS
34709 08/05/2022 2,400.00 OUTDRIVE EXCHANGE SERVICE - HARBOR 34710 08/05/2022 723.60 QUADIENT LEASING USA, INC. POSTAGE METER LEASE 34711 08/05/2022 544.96 QUADIENT POSTAGE REFILL
34712 08/05/2022 564.60 QUILL CORP SUPPLIES - ALL DEPTS 34713 08/05/2022 908.91 RICOH AMERICAS CORP COPIER LEASE - PLANNING 34714 08/05/2022 423.48 RICOH USA, INC. COPIER LEASE - PLANNING 34715 08/05/2022 9,357.91 SIRIA'S CLEANING SERVICE 1ST HALF 08/2022 34716 08/05/2022 71,755.95 PARKING CONCEPTS, INC. CONTRACT SERVICES - 07/2022 34717 08/05/2022 3,600.00 TRILLIUM SOLUTIONS INC SERVICE - TRANSIT 34718 08/02/2022 CORPORATE PAYMENT SYSTEMS VOID - MULTI STUB CHECK 34719 08/05/2022 12,474.02 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 34720 08/05/2022 5,751.85 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES - WWTP 34721 08/05/2022 3,223.18 AVALON MOORING & DIVING SERVICE - HARBOR 34722 08/05/2022 671.99 CATALINA BEVERAGE CO SUPPLIES - ALL DEPTS 34723 08/05/2022 5,028.66 PACIFICA CATALAN LODGING - SHERIFFS 34724 08/05/2022 6,000.00 LONG, DAVID CONTRACT SERVICES - CDO 34725 08/05/2022 233.00 CATALINA ISLAND MEDICAL CENTER EMPLOYEE SCREENING 34726 08/05/2022 966.69 CATALINA ISLANDER ADVERTISING - ALL DEPTS 34727 08/05/2022 142,310.12 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DEPUTY, WATERFRONT PATROL - 06/2022 34728 08/05/2022 2,896.62 DAPEER, ROSENBLIT & LITVAK,LLP SERVICE - VEHICLES 34729 08/05/2022 852.51 BLUE LIGHT, INC. LITIGATION COSTS

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CITY OF AVALON
JULY 25, 2022 - AUGUST 5, 2022 DISBURSEMENTS
August 16, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34730 08/05/2022 292.60 ISLAND THREADZ UNIFORMS - CODE
34731 08/05/2022 474.00 KATIE'S KITCHEN SENIOR MEALS - 06/2022 34732 08/05/2022 103,875.58 MONTROSE ENVIRONMENTAL SOLUTIONS CONTRACT SERVICES - 06/2022 34733 08/05/2022 168.61 QUILL CORP SUPPLIES - ALL DEPTS 34734 08/05/2022 1,196.16 REGISTRAR-RECORDER/COUNTY CLERK SERVICE - ELECTION 34735 08/05/2022 30.00 TRILLIUM SOLUTIONS INC SERVICE - TRANSIT 34736 08/05/2022 1,080.30 XEROX CORPORATION COPIER LEASE - ADMIN 34737 08/05/2022 605.83 BROWN, MARISA RETIREE INSURANCE - 07/2022 617,114.38

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CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 5, 2022
August 16, 2022

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT HMIELAK 6/16/2022 9.33 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/17/2022 138.08 TEST EQUIPMENT DEPOT SEWER MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/17/2022 69.51 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/17/2022 88.51 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/20/2022 63.22 CHET'S HARDWARE ELECTRICAL MAINTENANCE PUBLIC WORKS HMIELAK 6/20/2022 181.37 SULLIVAN UNIFORM COMPANY UNIFORMS PUBLIC WORKS HMIELAK 6/20/2022 87.98 WILLIAMSON-DICKIE UNIFORMS PUBLIC WORKS HMIELAK 6/21/2022 46.49 PEBBLY BEACH BUILDING SUPPLY ELECTRICAL MAINTENANCE PUBLIC WORKS HMIELAK 6/21/2022 252.22 PEBBLY BEACH BUILDING SUPPLY SALTWATER MAINTENANCE PUBLIC WORKS HMIELAK 6/24/2022 72.58 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/24/2022 198.44 RED WING SHOES UNIFORMS PUBLIC WORKS HMIELAK 6/27/2022 94.50 CHET'S HARDWARE HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 6/27/2022 151.37 PEBBLY BEACH BUILDING SUPPLY SALTWATER MAINTENANCE PUBLIC WORKS HMIELAK 6/30/2022 277.50 APWA NATIONAL MEMBERSHIP PUBLIC WORKS HMIELAK 7/1/2022 21.99 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAK 7/6/2022 201.83 PAY CARGO CUSTOMS FEE PUBLIC WORKS HMIELAK 7/8/2022 60.48 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HART 6/27/2022 23.04 VONS MEETING SUPPLIES ADMINISTRATION HART 7/4/2022 207.20 HILTON LONG BEACH COUNCIL LODGING ADMINISTRATION MAISTROS 7/4/2022 150.00 CATALINA CHAMBER CHAMBER MIXER ADMINISTRATION BAKER 6/16/2022 12.09 CHET'S HARDWARE PARK MAINTENANCE SUPPLIES RECREATION BAKER 6/20/2022 463.29 S & S WORLDWIDE, INC. DAY CAMP SUPPLIES RECREATION CAMPBELL 6/16/2022 8.00 GOODHIRE.COM EMPLOYEE SCREENING HUMAN RESOURCES CAMPBELL 6/20/2022 104.00 SENDHUB COMMUNICATIONS HUMAN RESOURCES CAMPBELL 7/5/2022 87.99 AMAZON.COM OFFICE SUPPLIES HUMAN RESOURCES RADDE 6/20/2022 408.00 CITRIX SYSTEMS IT SERVICE ADMINISTRATION RADDE 6/24/2022 3,694.27 AMAZON.COM COVID TESTS ADMINISTRATION RADDE 6/24/2022 78.00 ANGEL CAM IT SERVICE ADMINISTRATION RADDE 7/4/2022 82.96 CYBERLINK NETWORK IT SERVICE ADMINISTRATION RADDE 7/4/2022 26.16 VAST CONFERENCE CONFERENCE CALL SERVICE ADMINISTRATION ALEGRIA 6/16/2022 459.21 FIRESCOPE TRAINING MATERIALS FIRE ALEGRIA 6/21/2022 942.30 HOTEL HUNTINGTON BEACH LODGING FIRE ALEGRIA 6/28/2022 126.79 NFPA TRAINING MATERIALS FIRE
ALEGRIA 6/29/2022 (150.00) HOTEL HUNTINGTON BEACH CREDIT FIRE ALEGRIA 6/29/2022 150.00 L.A. AREA REGIONAL TRAINING GROUP TRAINING MATERIALS FIRE ALEGRIA 7/4/2022 24.19 CHET'S HARDWARE MAINTENANCE SUPPLIES FIRE ALEGRIA 7/13/2022 21.00 CATALINA EXPRESS TRAVEL FIRE
ALEGRIA 7/13/2022 167.00 CATALINA EXPRESS TRAVEL FIRE
ALEGRIA 7/15/2022 15.76 TARGET MAINTENANCE SUPPLIES FIRE ALEGRIA 7/15/2022 10.00 CATALINA EXPRESS TRAVEL FIRE
ALEGRIA 7/15/2022 82.09 HIRO NORI CRAFT RAMEN MEETING SUPPLIES FIRE ALEGRIA 7/15/2022 31.93 ACE HARDWARE MAINTENANCE SUPPLIES FIRE HART 6/23/2022 18.69 VONS FISHING DERBY SUPPLIES RECREATION HART 6/27/2022 57.11 CHET'S HARDWARE FISHING DERBY SUPPLIES RECREATION HART 6/30/2022 198.48 OTC BRANDS FISHING DERBY SUPPLIES RECREATION HART 7/4/2022 18.69 VONS FISHING DERBY SUPPLIES RECREATION HART 7/4/2022 10.68 VONS DAY CAMP SUPPLIES RECREATION
HART 7/5/2022 169.57 VONS FOURTH OF JULY SUPPLIES RECREATION HART 7/6/2022 31.14 VONS FOURTH OF JULY SUPPLIES RECREATION HART 7/7/2022 339.34 VONS FOURTH OF JULY SUPPLIES RECREATION HART 7/7/2022 69.95 SPORT DECALS MISCELLANEOUS SUPPLIES RECREATION HART 7/8/2022 32.51 CHET'S HARDWARE DAY CAMP SUPPLIES RECREATION HART 7/8/2022 4.38 LEO'S CATALINA DRUG STORE SKATE PARK MAINTENANCE RECREATION HART 7/8/2022 46.74 VONS DAY CAMP SUPPLIES RECREATION
HERNANDEZ 6/16/2022 383.46 ARTO MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 6/20/2022 76.99 CHET'S HARDWARE HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 6/20/2022 683.10 KULLY SUPPLY RESTROOM MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 6/22/2022 66.09 ZORO TOOLS HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS

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CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 5, 2022
August 16, 2022

LAST NAME POST DATE AMT USD DESCRIPTION DEPARTMENT
HERNANDEZ 6/22/2022 217.91 ZORO TOOLS HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 15.57 CHET'S HARDWARE CEMETERY MAINTANANCE PUBLIC WORKS HERNANDEZ 56.07 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 17.02 CHET'S HARDWARE STREET MAINTENANCE PUBLIC WORKS HERNANDEZ 147.43 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 11.14 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 52.23 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 40.66 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 17.09 CHET'S HARDWARE BEACH MAINTENANCE PUBLIC WORKS HERNANDEZ 40.69 CHET'S HARDWARE GARAGE SUPPLIES PUBLIC WORKS HERNANDEZ 53.31 CHET'S HARDWARE PARK MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 187.81 PEBBLY BEACH BUILDING SUPPLY SALT WATER MAINTENANCE PUBLIC WORKS HERNANDEZ 7/12/2022 31.23 PEBBLY BEACH BUILDING SUPPLY CEMETERY MAINTANANCE PUBLIC WORKS 7/12/2022 109.33 PEBBLY BEACH BUILDING SUPPLY SALT WATER MAINTENANCE PUBLIC WORKS HERNANDEZ 7/13/2022 24.18 CHET'S HARDWARE SALT WATER MAINTENANCE PUBLIC WORKS HERNANDEZ 7/15/2022 4.76 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS $ 12,474.02 CHECK NO. 34719

Page 2 of 2 ends

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 3
MEETING DATE: August 16, 2022
ORIGINATING DEP: City Attorney CITY MANAGER: AIM
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote Teleconference Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Determine that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or 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 these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

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

Most public agencies have been holding public meetings using virtual platforms since this time.

In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in 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 361
Under AB 361, the City Council can hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the determination that there is a Governor-proclaimed state of emergency, which the City Council will consider in their determination, and one of two secondary criteria listed below exists:

1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
65059.00000\34520481.1

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

COVID-19 continues to present an imminent threat to the health or safety of members of the public, and the Governor's declaration of a 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 cases and 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 the health or safety of attendees.

Re-Authorization is Required Within 30 Days
The City Council made the findings listed above at its July 20, 2022 City Council meeting.

Consistent with the provisions of Government Code Section 54953(e), the findings must be made every 30 days "after teleconferencing for the first time" under AB 361. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming September 13, 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 AB 361 at its September 13, 2022 City Council meeting.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.

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

ATTACHMENTS: None.
65059.00000\34520481.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 16, 2022 AGENDA ITEM: 4
ORIGINATING DEP: Administration CITY MANAGER: DIM
PREPARED BY: Devin Hart, Administrative Analyst & Deputy City Clerk SUBJECT: Adopt an Ordinance Amending Chapter 9-7.10A02 of Title 9, Planning and Zoning, of the Avalon Municipal Code Relating to Temporary Use Permits
RECOMMENDED ACTION(S): Adopt 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: This ordinance was introduced and all further readings waived at the August 2, 2022 regular City Council Meeting.

The City adopted the Temporary Use Ordinance in March 2017. 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. 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 use that 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.

The revised ordinance re-establishes the 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 9-7.10A02 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 10A OF THE AVALON MUNICIPAL

CODE, 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 consistent with 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 10A and is amended to read as:
9-7.10A01 - 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 the general 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:

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 the construction 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-contained recreational vehicles, or similar temporary facilities for uses including the 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.
• The City Manager may approve, conditionally approve or den! permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, 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
ii. 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 fails to leave the property in a presentable and satisfactory condition, or potential costs to guarantee removal and/or conversion of any temporary use.
ili. 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 notice of 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 is proceeding. The temporary use permit shall automatically expire within 30 days of completion of construction. For purposes of this section, "completion" shall have the same meaning 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 temporary uses or structures.
e. Application Procedure. A request for a temporary use permit shall be submitted to the Planning Department on a form provided for that purpose 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.

Approval Authority. The reviewing authority for temporary use permits shall be the City Manager. In approving any temporary use permit application, 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 section.
ii. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties.
iii. 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.
vii. 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.
. Violations and Revocation.
i. The provisions of §§ 9-8.1001 and 9-8.1101 shall apply to temporarv use permits issued under this section.
il. 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. notice 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, the bearing shall be before the City Manager whose decision shall Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, , sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, 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 Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, , the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change 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 published and/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 2nd day of August, 2022, by the following vote:

AYES: Mayor Marshall, Mayor ProTem Ponce, Councilmembers Lavelle, De La Rosa and Schickling.

NAYS: None.

ABSENT: None.

ABSTAIN: None.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 16 day of August, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON
TEMPORARY USE PERMIT*
APPLICANT: DATE:

STREET ADDRESS OF PROJECT: APN:

APPLICANT/OWNER PHONE:

MAILING ADDRESS OF APPLICANT:

EMAIL:

EXISTING USE: PROPOSED USE:

PROPOSED IMPROVEMENT:
(A SCALED DRAWING MUST BE ATTACHED TO THIS APPLICATION) APPLICANT/OWNER SIGNATURE:

OFFICE USE!
Period of Temporary Use: From: To:

APPROVED: APPROVED WITH CONDITIONS:

CONDITIONS:

City Manager Date
AMC Sec. 9-7.10A01 Temporary Use Permits.

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 the general 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.
(Cont'd on back)
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:

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.

Temporary Structures for Specific Uses and Time Periods. Such structures may include manufactured or modular buildings, trailer coaches, self-contained recreational vehicles, or similar temporary facilities for uses including the following:

Temporary construction offices serving active construction sites; Tanks, pumps and similar structures for groundwater quality remediation; and Temporary storage containers serving active construction sites only.

In approving any temporary use permit application, the City Manager shall make all of the following findings:
(1) The use is consistent with the general purposes of the General Plan and this section. (2) Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties.
(3) 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.
(4) The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for 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) 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.

General Provisions.
(1) The City Manager may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, 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.
(2) 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 fails to leave the property in a presentable and satisfactory condition, or potential costs to guarantee removal and/or conversion of any temporary use.
(3) 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 notice of the issuance of the temporary use permit on the City's website. The expiration date shall not be beyond one (1) 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 (2) years. Notwithstanding the expiration date, temporary use permits shall automatically terminate upon the abandonment or termination of the temporary use. (4) If the temporary use permit is related to construction, then the permit shall identify the site upon which the construction is proceeding. The temporary use permit shall automatically expire within thirty (30) days of completion of construction. For purposes of this section, "completion" shall have the same meaning as in Section 8180 of the California Civil Code, as amended from time to time.
(5) 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. (6) 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 temporary uses

CITY OF AVALON CITY COUNCIL
MEETING DATE: August 16, 2022 AGENDA ITEM: 5
ORIGINATING DEP: Administration CITY MANAGER: AMM
PREPARED BY: Devin Hart, Administrative Analyst
SUBJECT: New Copier Contract
RECOMMENDED ACTION(S): Authorize the City Manager to execute an agreement with MRC Smart Technology Solutions for a 60-month lease and service agreement on the Xerox AltaLink Color Multi-function printer/copier.

REPORT SUMMARY: On November 7, 2017, the City Council authorized the City Manager to execute an agreement with SoCal Office Technologies for a 60-month lease and service agreement on the Xerox AltaLink Color Multi-function printer/copier. The agreement with SoCal Office Technologies, now MRC Smart Technology Solutions (MRC), expires on November 16, 2022. The agreement requires the City provide MRC a minimum of 60 days written notice if the City does not intend to renew the agreement, otherwise, the lease continues for an additional one year period.

City Staff polled other businesses in Avalon to determine what companies have copier lease and service agreements on the Island. Proposals were requested from three vendors, MRC, Ricoh and Konica Minolta.

Company Type of Printer Term of Lease Lease Amount/Month Ricoh Ricoh IMC6500 60 months $473.35
10,000 B&W
1,000 Color
MRC Xerox AltaLink C8170 60 months $324.02
10,000 B&W
10,000 Color
At the time this report was authored, City Staff had not yet received a proposal from Konica Minolta.

At this time, the City has leases for three large printers at City Hall - two from Ricoh and one from MRC.

Overall, Staff are satisfied with the services of MRC. Additionally, their proposal has a significant cost savings compared to other vendors.

GOAL ALIGNMENT: Not applicable.

FISCAL IMPACTS: Budgeted in FY 2022-23 General Fund Account number 10135-4610.

Budgeted allocation $6,000.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff would continue to use existing machine. The Laserfische scanning process will be cumbersome and there will be no staff time savings.

FOLLOW UP ACTION: Execute a contract with SoCal Office Technologies and establish timeline for installation.

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

ATTACHMENTS:

1. MCR Xerox AltaLink C8170 Proposal

2. Ricoh IMC6500 Proposal
xerox MRC
Smart Technology Solutions
A Xerox Company
Current Product and Pricing
Current Equipment
Quantity Model Location Description
1 AltaLink C8070 City Hall AtlaLink - 70ppm Color Print, Copy, Scan & Fax 1 Accessory Business Ready Finisher w/3000 Sheet Stacker, 500 Sheet Top Tray 50 Sheet Multi-position Stapling and 2/3 Hole Punch
1 AutoStore Nuance AutoStore Software
Current Pricing
Description Service and Lease Comments
B & W Allowance: 30,000 monthly
Color Allowance: 1,000 Monthly
B & W Cost per Copy Charge: $0.005 billed quarterly
Color Cost per Copy Charge: $.05 billed quarterly
Monthly Lease Amount: $478.09 60 month lease
The contents of this proposal are considered to be SoCal Office and Client private data and are provided for the exclusive use of your organization. хегох MRC
Smart Technolugy Solutions
A Xerox Company
Proposed Pricing
Proposed Equipment- (55 PM)
Quantity Model Location Description
1 AltaLink C8170 City Hall AltaLink C8170 - 70ppm Color Print, Copy & Scan (no fax) Accessory Business Ready Finisher w/3000 Sheet Stacker, 500 Sheet Top Tray 1 50 Sheet Multi-position Stapling and 2/3 Hole Punch
Xerox recommends retaining the existing C8070 to provide 1 AltaLink C8070 City Hall redundancy and backup. There will be no cost for the device. The city will only pay for prints/copies used, and the service rates will not change (no increase in rates)
Proposed Pricing
Description Service and Lease Comments
B & W Allowance: 10,000 monthly - applies to both machines (existing C8070 and new C8170)
Color Allowance: n/a
B & W Cost per Copy Charge: $0.005 Billed quarterly
Color Cost per Copy Charge: $.05 billed quarterly
Monthly Lease Payment: $324.02 60 month lease
Proposal also includes 10,000 FREE Color Copies
(applied to either machine)
The contents of this proposal are considered to be SoCal Office and Client private data and are provided for the exclusive use of your organization.

Proposal for City of Avalon
Ricoh IMC6500 - Scan, print, copy
65-PPM in Color and B&W

10.1" Smart Operation Panel
3,850-sheet standard paper capacity
220-sheet single pass document feeder
Automatic firmware updates
Low toner/service notifications
Lease Term Monthly B&W Charge Color Charge
Payment
60 $473.35 $.0060 $.0354
What's included:

Toner, parts, staples, and labor for the term of the lease Fixed pricing for the term of the lease.
10,000 B&W and 1,000 color allowance per month
RICOH
imagine. change.

CITY OF AVALON CITY COUNCIL
6 MEETING DATE: August 16, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: Днм
PREPARED BY: David Maistros, City Manager
SUBJECT: Resolution Supporting Broadband Infrastructure RECOMMENDED ACTION(S): Adopt a resolution supporting efforts to expand or develop broadband infrastructure for the benefit of the citizens of the City of Avalon and Santa Catalina Island.

REPORT SUMMARY: This item appears on the agenda at the request of a member of the City Council.

On March 15, 2022 the City Council adopted the City of Avalon's 2022 Legislative Platform. A legislative platform is a reference guide that outlines the City's position on regional, state, and federal legislative matters, providing a framework for the City to support or oppose various regional, state, or federal legislation through monitoring and communication activities.

Per the City's current legislative platform, the City:
- Opposes efforts that remove local regulatory authority on wireless infrastructure development
- Supports efforts to enhance telecommunications, radio, broadband, and infrastructure operations and standards in the City, including the redundancy of public safety communications.
- Supports funding opportunities for infrastructure enhancements and improvements for rural or isolated communities.

After review of a resolution provided for adoption, the City Attorney's Office and City Staff made modifications in an effort to align the resolution with the legislative platform without overextending City resources.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Undetermined.

FOLLOW UP ACTION: Implement City Council direction.

GOAL ALIGNMENT: Infrastructure.

FISCAL IMPACTS: Undetermined.

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

ATTACHMENTS: Resolution.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON, CALIFORNIA, SUPPORTING EFFORTS TO

EXPAND OR DEVELOP BROADBAND INFRASTRUCTURE

FOR THE BENEFIT OF THE CITIZENS OF THE

CITY OF AVALON AND SANTA CATALINA ISLAND
WHEREAS, closing the Digital Divide is vital to the economic prosperity and quality of life for residents of the City of Avalon and Catalina Island, and WHEREAS, high-speed Internet access—referred to generically as "broadband" and including both wireline and wireless technologies—is essential infrastructure, and WHEREAS, for the residents of the City of Avalon, being located on an island, digital connectivity is of particular importance and access to reliable and resilient broadband is essential, and
WHEREAS, all residents, businesses and institutions need reliable and affordable high speed broadband services where they work, live, learn and play; and WHEREAS, the City of Avalon is committed to helping families and children be healthy, productive and self-sufficient, and realizes that the use of reliable and affordable broadband can save both time and money for residents while helping them bridge the economic divide; and WHEREAS, high speed broadband enables Work from Home and remote workers, enhances business efficiencies, drives job creation throughout the region, and connects customers and partners worldwide to goods and services; and
WHEREAS, the City of Avalon is committed to helping students obtain the highest quality education possible incorporating digital literacy, and understands that broadband connectivity is a critical teaching and learning tool for academic achievement, and WHEREAS, the City of Avalon is committed to helping its citizens access the highest level of medical care and understands that access to enhanced broadband services will increase the access to remote medical diagnosis, treatment and care services, and WHEREAS, the City of Avalon is committed to Digital Inclusion and increasing citizen participation in the public process through expanded engagement using reliable and affordable broadband; and
WHEREAS, the City of Avalon welcomes the opportunity to partner with the California Middle Mile (Golden State Network) along with the Governor, Legislature, other local governments, civic leaders, community organizations, employers, labor representatives, educators, and policymakers to encourage adoption of broadband technology; and 09845.00500\40609565.1
WHEREAS, the City of Avalon welcomes the opportunity to explore partnerships with both public and private entities engaged in the deployment of reliable and affordable broadband infrastructure and services to the region; and
WHEREAS, the City of Avalon believes the most reliable and resilient broadband infrastructure would be through a direct subsea fiber optic cable "middle-mile" connection and prioritizes the development of such infrastructure.

NOW, THEREFORE, BE IT RESOLVED that the City of Avalon:

1. Declares that closing the digital divide is integral to developing a healthy, resilient and economically competitive community;

2. Supports the Department of Treasury's, FCC's (United States Federal Communications Commission), CPUC's (California Public Utilities Commission), USDA's (US Department of Agriculture) and NTIA's (National Telecommunications Information Administration) rules, regulations, programs and funding opportunities that support broadband deployment opportunities to bridge the digital divide;

3. Supports Governor Newsom's Executive Order N-73-20 signed August 14, 2020 that seeks to accelerate work towards closing gaps in access to reliable broadband networks throughout California;

4. Supports collaboration with local jurisdictions within the region, broadband providers, school districts (K-12), community college districts, universities, hospitals, community and business stakeholders, Regional Broadband Consortiums, California Emerging Technology Fund, MPOs, the State of California and other federal and regional organizations that have similar goals to increase broadband access throughout Southern California;

5. Supports the creation and expansion of reliable and affordable enhanced broadband infrastructure and services through the use of available City Staff in the following areas and any additional actions as determined and directed by the City Manager:
a. Responding to requests for information or participation with public or private entities interested in developing enhanced broadband infrastructure to provide reliable and affordable services in or to the businesses and residents of Avalon; b. To the extent permitted by law, supporting public or private entities pursuing grant funding to enhance broadband connectivity to the City with letters of support or other such official documents that may be helpful;
c. To the extent permitted by law, and in exchange for the promise of open network architecture that supports unaffiliated Internet Service Providers and offers an affordable broadband offering to eligible households, exploring waiving some or all, permitting, franchise, and encroachment fees for entities receiving state and/or federal grants to bring enhanced, reliable and affordable broadband to the City, its residents and businesses, and Catalina Island via a subsea fiber-optic cable middle mile;
d. Accelerating such permits where feasible;
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e. Employing "Dig Once" principles by notifying interested broadband providers of upcoming public works projects and the opportunity to install additional fiber-optic or wireless infrastructure without additional trenching or duplicative construction; PASSED, APPROVED AND ADOPTED on the 16"h day of August, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant 09845.00500\40609565.1

CITY OF AVALON CITY COUNCIL
7 MEETING DATE: August 16, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: DMA
PREPARED BY: David Maistros, City Manager
Devin Hart, Administrative Analyst
SUBJECT: Consideration of an Ordinance Repealing and Replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code Regarding Noise
RECOMMENDED ACTION(S): Consider the revised noise ordinance. If consensus, read and waive all further readings of an ordinance repealing and replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code regarding noise.

REPORT SUMMARY: The volume and frequency of noise caused by amplified music at commercial establishments as well as amplified music from residential areas has been the cause of recent and significant public complaints.

The California Constitution allows the City to enact an ordinance regulating excessive noise. The City's current noise ordinance was established in June 1970 by Ordinance No. 531. The ordinance was amended in its entirety in January 1977 by Ordinance No. 623. Since that time, with the exception of select sections, the ordinance has remained unchanged.

The City of Avalon 2030 General Plan, adopted in June 2013, includes a "Noise Element". The purpose of the Noise Element is to "limit the exposure of the community to excessive noise limits," and to "guide decisions concerning land use and the location of common sources of excessive noise levels". While the Noise Element does provide a broad overview of acceptable noise level exposure by land use category, it does not address noise generated by special events or amplified music. It also does not take into consideration the natural geographic acoustics of the City of Avalon.

In amending the noise ordinance, City Staff worked to provide a process for management of amplified sounds for city-permitted outdoor events in a way that would balance programming with the resident, business and visitor experiences.

Most significantly, the revised ordinance establishes districts for noise measuring:

District 1. Predominately residential with other land use types also present. - District 2. Predominately commercial with other land use types also present. - District 3. Mixed land use types present including commercial and residential. - Waterside/Harbor District. Area that includes Avalon Harbor, Descanso Bay and areas within 20 feet of the mean high tide.

Per the revised ordinance, amplified music after 8 p.m. is allowed by permit only and is only available in Districts 2, 3 and the Waterside/Harbor District. The permit process identifies a responsible party, and requires the submission of a Sound Impact Plan.

The Sound Impact Plan will include site plan that illustrates the location of any stage, size, location and orientation of speakers or other sound amplifying devices and indication of any sound buffering measures being taken. The plan must identify a location for sound readings no more than 50 feet from the source of amplification. The applicant is required to keep a decibel meter on site and self-monitor the volume of sound at that location throughout the event. The volume of the sound may not exceed 70 decibels at the location of the designated sound measurement location.

In addition, the permit process identifies a responsible party, designated location for sound readings, and a revised citation structure. Per the ordinance, the first violation of the noise ordinance will constitute an infraction. The person in violation, as well as the responsible party, shall be issued a notice of violation. Continuing or subsequent violations within a 12 month period shall result in a misdemeanor resulting in a $500 fine for the second violation, $1000 fine for the third violation, and revocation or suspension of Transient Rental License or Special Use Permit for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the property's responsible party.

The revised ordinance also establishes a noise variance request process to address instances where construction noise, or noise due to special events may be necessary/desired outside of the scope of the Special Use Permit. This process requires the applicant to notify surrounding residences and businesses that may be effected.

The intent of the ordinance is to simplify the regulations regarding the production of noise, while adding a stated structure by which noise will be measured and fines assessed CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Challenges regarding the current noise ordinance and enforcement will not be addressed FOLLOW UP ACTION: Implement City Council direction.

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:

1. Current Noise Ordinance - Title 5, Chapter 5, Article 13 of the Avalon Municipal Code.

2. Proposed Ordinance.

3. Noise Variance Application.

4. Special Use Permit.

City of Avalon, CA
Friday, August 12, 2022
Chapter 5-13. Noise
Editor's Note: Sections 5-13.01 through 5-13.03, as added by Ordinance No. 531, effective June 3, 1970, amended in their entirety by Section 1, Ordinance No. 623, effective January 19, 1977. § 5-13.01. Prohibition of Noises Detrimental to the Public Welfare. [S 1, Ord. 623, eff. January 19, 1977]
Unnecessary and excessive noises which are offensive to the senses, injurious to the health, or an interference with or obstruction to the free use of property are detrimental to the public health, welfare, safety, and comfort of the City and, in the public interest, must be systematically proscribed. Such noises, when arising from any source subject to the City's police power, are hereby declared to be public nuisances and are hereby prohibited. Prohibited noises shall include, but are not limited to, the noises which result from the acts specifically proscribed by the provisions of this chapter, all of which acts are hereby declared to constitute public nuisances, except when such acts constitute emergency work, as defined in subsection (b) of § 5-13.02 of this chapter.
§ 5-13.02. Definition of Terms.
[§ 1, Ord. 623, eff. January 19, 1977]
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) DECIBEL (dB) - Shall mean a unit for measuring sound level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.
(b) EMERGENCY WORK - Shall mean work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility services.
(c) PERSON - Shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
(d) MOTOR VEHICLE - Shall include, but not be limited to, motorcycles. (e) SOUND LEVEL (NOISE LEVEL) - In decibels is sound measured using the A weighting network of a sound level meter.

Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature, in which case fast response shall be used.
(f) SOUND LEVEL METER - Shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks, for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institute's Specification Sl 4-1971, or the most recent revision thereof, for type S-2A general purpose sound level meters.
(g) SOUND AMPLIFYING EQUIPMENT - Shall mean any machine or device for the amplification of the human voice, music, or any other sound.

The definitions of technical terms not defined in this section shall be obtained from the American National Standards Institute's Acoustical Terminology S1-1-1971, or the most recent revision thereof. § 5-13.03. Sound Amplifying Equipment, Television Sets, Musical Instruments and Similar Devices: Use Restricted in Residential Zones.

IS 1, Ord. 623, eff. January 19, 1977; § 1, Ord. 988-00, eff. November 2, 2000] It shall be unlawful for any person within any residential zone of the City to use or operate or cause to be used or operated any radio receiving set, musical instrument, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the location of the machine or device. § 5-13.04. Schools, Hospitals, and Churches: Noise Limited in Vicinity. [§ 1, Ord. 623, eff. January 19, 1977]
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital at any time, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in a hospital, provided conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, church, or hospital. § 5-13.05. Construction of Buildings and Projects.
[§ 1, Ord. 623, eff. January 19, 1977; § 1, Ord. 890-92, eff. December 17, 1992] It shall be unlawful for any person within a radius of 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at any time on a Sunday, except when such acts constitute emergency work as defined in subsection (b) of § 5-13.02 of this chapter. § 5-13.06. Vehicle Repairs.
[S 1, Ord. 623, eff. January 19, 1977]
It shall be unlawful for any person within a residential zone or within 300 feet therefrom to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to create sound levels above 60 decibels measured within 100 feet from the source of the noise, except when such activity constitutes emergency work as defined in subsection (b) of § 5-13.02 of this chapter.
§ 5-13.07. Sound Amplifying Equipment and Musical Instruments: Use Restricted in all Zones and on Specified Beach Areas.
[§ 1, Ord. 623, eff. January 19, 1977, as amended by § 1, Ord. 703, eff. August 3, 1981; § 1, Ord. 749U, eff. August 3, 1983; § 1, Ord. 751, eff. September 15, 1983; § 1, Ord. 970-99, eff. November 4, 1999; Ord. 988-00, eff. November 2, 2000] It shall be unlawful for any person in any zone of the City to use or operate or cause to be used or operated any radio receiving set, musical instrument, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to create sound levels above 60 decibels as measured at a minimum distance of 150 It shall be unlawful for any person to use or operate any radio or other sound amplifying device without ear plugs, headphone or similar personal listening device in that beach area of the City of Avalon between the Pleasure Pier at Catalina Avenue easterly to the junction of Crescent Avenue and Pebbly Beach, commonly known as South Beach and at the City-owned property southerly of the junction of Crescent Avenue and Pebbly Beach Road, commonly known as the Cabrillo Mole and Cabrillo Crescent Park, except when specifically authorized by the City or broadcast by the City. § 5-13.07.1. Disturbing the Peace.
[§ 1, Ord. 658, eff. February 20, 1979]
It shall be unlawful for any person wilfully, maliciously, intentionally or unnecessarily, to disturb the peace and quiet of another or of any neighborhood or family or religious congregation or other assembly by loud or unreasonable noise. § 5-13.08. Violations: Misdemeanors.
[S 1, Ord. 623, eff. January 19, 1977]
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500, or be imprisoned in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. § 5-13.09. Violations: Nuisances: Abatement: Injunctions.

IS 1, Ord. 623, eff. January 19, 1977]
Any violation of the provisions of this chapter shall constitute a public nuisance and shall be subject to summary abatement by a restraining order or injunction issued by a court of competent jurisdiction. The cost of such abatement shall be a lien against the property on which the nuisance is maintained and a personal obligation against the owner of such property.

ORDINANCE NO -

AN ORDINANCE OF THE CITY OF AVALON CITY COUNCIL
REPEALING AND REPLACING TITLE 5, CHAPTER 5, ARTICLE 13

OF THE AVALON MUNICIPAL CODE REGARDING NOISE
WHEREAS, the City of Avalon is a vibrant coastal city with amenities serving residents and visitors; and
WHEREAS, maintaining a low noise environment is a stated goal of the community identified in the 2030 General Plan; and
WHEREAS, the General Plan states a low noise environment is necessary to preserve biological resources and opportunities for eco-tourism; and WHEREAS, outdoor activities, events and live music opportunities can foster enhanced quality of life and economic development when presented with reasonable moderation; and WHEREAS, unnecessary and excessive noises associated with special events can be offensive and injurious to health, welfare and the safety of the community; and WHEREAS, members of the community have stated concern regarding the frequency of outdoor events and the noise associated with live and/or amplified music; and WHEREAS, the limited physical area of the City requires that special attention be given to the balance between entertainment and residential needs; and WHEREAS, it was determined there was need for improvement of current regulations established regarding noise; and
WHEREAS, the California Constitution allows the City to enact an ordinance regulating excessive noise; and
WHEREAS, the City seeks to develop an informed approach to managing the needs of special events and entertainment opportunities while continuing to prioritize the wellbeing of the public.

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 5, Chapter 5 Article 13 is hereby repealed and replaced in its entirety to read as follows:
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§ 5-13.01 Prohibition of Noises Detrimental to the Public Welfare.

Unnecessary and excessive noises which are offensive to the senses, injurious to the health, or an interference with or obstruction to the free use of property are detrimental to the public health, welfare, safety, and comfort of the City and, in the public interest, must be systematically proscribed. Such noises, when arising from any source subject to the City's police power, are hereby declared to be public nuisances and are hereby prohibited.

Notwithstanding any other provision of this Chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, a loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal auditory sensitiveness residing in the area. a) The standards which shall be considered in determining whether a violation of the provisions of this Section exist shall include, but not be limited to the following:

1. The sound level of the objectionable noise;

2. The nature and zoning of the area within which the noise emanates;

3. The time of day or night the noise occurs;

4. The duration of the noise;

5. Whether the noise is continuous, recurrent, or intermittent;

6. Whether the noise is produced by a commercial or noncommercial activity.

7. Whether the noise is associated with acts that constitute emergency work, as defined in subsection (D) of § 5-13.02 of this chapter.
§ 5-13.02 Definition of Terms.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A) DECIBEL (dB) - Shall mean a unit for measuring sound level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.

B) COMMERCIAL PROPERTY. Commercial properties are those used for retail and wholesale sales and services, personal and professional services and any other nonresidential use permitted or conditionally permitted in the City.

C) CONSTRUCTION means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition.

D) EMERGENCY WORK - Shall mean work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility services.

E) PERSON - Shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

F) MOTOR VEHICLE - Shall include, but not be limited to, motorcycles.

G) NOISE SENSITIVE ZONE - means any area designated pursuant to Section § 5-13.05 for the purpose of insuring exceptional quiet.
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H) NOISE SOURCE - means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously. Example of a single noise source is the combination of motor, pump, and compressor; oil drilling rig; or a power plant with several boilers.
1) NOISE ZONE - means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels).

Typically, most sites within any given noise zone will be of comparable proximity to major noise ) REAL PROPERTY BOUNDARY - means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person, but not including intra-building real property divisions.

K) SOUND AMPLIFYING EQUIPMENT - Shall mean any machine or device for the amplification of the human voice, music, or any other sound.

L) SOUND LEVEL (NOISE LEVEL) - In decibels is sound measured using the A weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature, in which case fast response shall be used M) SOUND LEVEL METER - Shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks, for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institute's Specification Sl 4- 2013, or the most recent revision thereof, for type S-2A general purpose sound level meters.

The definitions of technical terms not defined in this section shall be obtained from the American National Standards Institute's Acoustical Terminology S1-1-2013, or the most recent revision thereof. § 5-13.03 Responsible Party for Compliance.

Unless otherwise specifically indicated, the responsible party shall be determined by the land use type and occupants of each property. The responsible party shall be responsible for compliance with all of the provisions of this chapter and shall be subject to all fines and penalties assessed per the terms of this chapter.

A) Commercial Property. The business owners), as designated on the business license, or the person identified on a Special Use Permit, shall be responsible for compliance with the provisions of this chapter.

B) Residential Property. The owner or long-term renter (occupant for a period of 30 days or more) within a dwelling unit, not a hotel or motel, shall be responsible for compliance with the provisions of this chapter.

C) Residential Property - Transient Rental. When the property is occupied by a transient renter, the property owner shall be responsible for compliance with the provisions of this chapter. § 5-13.04 Noise Districts.

A) The noise standards for various land use districts identified in Table A shall, unless otherwise specifically indicated, apply to all such properties within a designated district. a. Areas not identified within Table A, or within the Waterside/Harbor Area, shall be included in District 2.
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B) Types of Noise Districts.
a. District 1. Predominately residential with other land use types also present. b. District 2. Predominately commercial with other land use types also present c. District 3. Mixed land use types present including commercial and residential. d. Waterside/Harbor District. Area includes Avalon Harbor, Descanso Bay and areas within 20 feet of the mean high tide.

Table A.

District 1
District 2
District 3
Noise Sensitive Zone
All areas not identified within Table A, or within
the Waterside/Harbor Area, shall be included in
District 2.
§ 5-13.05 Noise Sensitive Zone.

It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital at any time, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in a hospital, provided conspicuous signs are displayed on such street, sidewalk, . or public place indicating the presence of a school, church, or hospital. 65059.00000\40610458.1
§ 5-13.06 Construction of Buildings and Projects.

It shall be unlawful for any person at a radius within 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at any time on a Sunday, except when such acts constitute emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
§ 5-13.07 Vehicle Repairs.

It shall be unlawful for any person within a residential zone or within 300 feet therefrom to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. and 8:00 a.m., except when such activity constitutes emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
§ 5-13.08 Restrictions - Sound Amplifying Equipment.

A) Outdoor use restrictions.
a. District 1.

I. Within District 1, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, musical instrument, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound between the hours of 8:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible from the real property line of which the sound amplifying equipment is located.
b. District 2 and District 3.
i. Within District 2 or 3, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the real property line on which the sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.
c. Waterside/Harbor District.
i. Within the Waterside/Harbor District, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from 20 feet of the vessel or real property line of which sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.

B) Violations.
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a. First Violation - Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of such violation. The person shall be issued a notice of violation. In addition, a notice of violation will be provided to the responsible party of the property in which the violation took place.
b. Continuing or Subsequent Violations - Misdemeanor. Any person or property issued a valid notice of violation who commits within a year of the first valid violation a second or any subsequent violation shall be subject to the following:
i. A $500 fine for the second violation issued to the person and/or the property's responsible party.
ii. A $1000 fine for the third violation issued to the person and/or property's responsible party.
ili. Revocation or suspension of Transient Rental License for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the person and/or the property's responsible party.
§ 5-13.09 Special Use Permit - Sound Amplifying Equipment.

A Special Use Permit is required for outdoor use or operation of any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the property line on which the sound amplifying equipment is located in District 2, District 3, or Waterside/Harbor District.

A) General Provisions. The City Manager may approve, conditionally approve or deny a permit, and may establish conditions and limitations, including but not limited to hours of operation, public notification, use of noise control devices, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed special use. i. Unless granted a variance per § 5-13.10, no Special Use Permit may be issued:
i. Between the hours of 9 p.m. and 8 a.m. Sunday through Thursday, ii. 10 p.m. and 8 a.m. Friday and Saturday.

B) Application Procedure. A request for a special use permit shall be submitted to the City Manager's Office on a form provided for that purpose. The application will include a Sound Impact Plan as outlined in §5-13.09 (B) i and 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.
i. Sound Impact Plan will include

1. A site plan indicating the location of the stage, size, location and orientation of the speakers or other sound amplifying devices,

2. Any sound buffering measures being taken,

3. Location of onsite decibel meters,

4. A designated sound measurement location, at an unobstructed location identified within 50 feet in front of the speakers or sound amplifying devices. a. The volume of the sound may not exceed 70 decibels at the location of the designated sound measurement location as identified on the Sound Impact Plan.
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C) Special Use Permit Restrictions by District.
i. District 2 - There is no restriction in the number of special use permits that may be issued within this district.
ii. District 3 - No more than four special use permits may be issued to a location each week.
ili. Waterside/Harbor District - No more than two special use permits may be issued to a vessel each week.

D) Appeals. The City Manager's decision on a special 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.

E) Violation and Revocation.
a. First Violation - Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of such violation. The person shall be issued a notice of violation. In addition, a notice of violation will be provided to the responsible party of the property in which the violation took place.
b. Continuing or Subsequent Violations - Misdemeanor. Any person or property issued a valid notice of violation who commits within a year of the first valid violation a second or any subsequent violation shall be subject to the following:
i. A $500 fine for the second violation issued to the person and/or the property's responsible party.
ii. A $1000 fine for the third violation issued to the person and/or the property's responsible party.
ili. Revocation or suspension of Special Use Permit or Transient Rental License for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the person and/or the property's responsible party. § 5-13.10 Variance-Exemption from regulations.

A) The City Manager is authorized to grant variances for exemption from any provision of this Chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the City Manager determines are appropriate to protect public health, safety and welfare from the noise emanating therefrom. This Section shall in no way affect the obligation to obtain any permit or license required by law for such activities.

B) Any person seeking a variance shall file an application with the City Manager's office. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this Chapter would create an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in the amount set by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several fixed sources on a single property may be combined into one (1) application. Notice of an application for a variance shall be published according to rules established by this chapter; all residents whom the City Manager determines may be adversely affected by the noise shall be notified. Any 65059.00000140610458.1
individual who claims to be adversely affected by the issuance of the variance may file a statement with the City Manager's Office containing any information to support his/her claim.

C) In determining whether to grant or deny the application, the City Manager shall balance the hardship on the applicant, the community, or other persons by not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact by granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the City Manager's Office may reasonably require. In granting or denying an application, the City Manager shall keep a public record of the decision and the reasons for denying or granting the variance.

D) A variance shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the applicant to the penalties as set forth in 5-13.09 (E).

E) The City Manager will issue guidelines defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be 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 Section15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

Section 6. Effective Date. This Ordinance shall become effective 30 days from the date of adoption. 65059.00000140610458.1
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 16t 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 20th day of September, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk
65059 00000\40610458.1

NOISE VARIANCE APPLICATION CHECKLIST
The following information is required to review and process the Noise Variance Permit Application and a minimum of 10 days (prior to the project start date) is required for review and processing.

Please read the attached "How to File a Noise Variance Request in the City of Avalon" for more information. A completed packet may be faxed, mailed, or emailed ([email protected]) to our office.

Noise Variance Application
Sample Public Distribution Letter
Payment: $283.00

COMPLETION OF THE CHECKLIST/APPLICATION DOES NOT GUARANTEE COMPLIANCE WITH STATE LAW NOR DOES IT GUARANTEE APPROVAL.

THIS IS SOLELY INTENDED AS A GUIDELINE FOR PROPER APPLICATION SUBMITTAL.

HOW TO FILE A NOISE VARIANCE REQUEST IN THE CITY OF AVALON Pursuant to Chapter 5-13.010 of the Avalon Municipal Code, the Noise Ordinance allows for the granting of variances for exemption from any provision of the Noise Ordinance.

INSTRUCTIONS:

1. Any person seeking a variance shall file an application with the City Manager. A minimum of ten (10) working days prior to the commencement of the requested activity will be required to process the variance as stipulated in these guidelines.

2. The application shall contain information, which demonstrates that bringing the source of the sound or activity for which the variance is sought into compliance, would create an unreasonable hardship on the applicant, community, or other persons.

3. A fee of $283.00, as stipulated in the most current City of Avalon, Fee Schedule, shall accompany the variance application (this is a non-refundable fee).

4. A separate application is to be filled for each noise source.

5. Notice of application for a variance shall be published per rules established by Noise Ordinance, which include (but are not limited to):
a. All residents whom the City Manager determines may be adversely affected by the noise shall be notified at a minimum of 72 hours prior to granting of the variance via a public notification and/or letter**
b. A list of residences contacted shall be provided to the City Manager prior to distribution of the notification and/or letter***
c. Any individual who claims to be adversely affected by the issuance of the variance may file a statement with the City Manager containing information to support his/her claim.

6. In determining whether to grant or deny an application, the City Manager shall balance the hardship on the applicant, the community, and/or other persons affected.

7. Applicants for variances and persons contesting variances may be required to submit such information as the City Manager may reasonably require.

8. A variance is to be granted by permit to the applicant containing all necessary conditions, including (but not limited to) a time limit on the approved project.

9. Noncompliance with any condition of the variance shall terminate the variance.

10. The term of the variance may not exceed three hundred sixty-five days from the date of issuance (1 year.

An application for an extension will be treated as an application for a new variance. **Public Notification is to be performed at least 72 hours prior to granting of the variance** ***ATTACH A LIST OF RESIDENCES THAT WILL BE CONTACTED AND PROCEDURE FOR NOTIFICATION***

CITY OF AVALON NOISE VARIANCE APPLICATION

VARIANCE APPLICANT
Operator/DBA: Name:

Responsible Party Name:

Address: PO Box
City: | State: Zip:

Office #: Mobile#:

Email:

NOISE SOURCE INFORMATION
Name: Phone:

Location(s):

Describe type of work (attach additional sheets as needed):

Start Date: End Date:

Start Time: End Time:

Occurring Days: Sun Mon Tues Wed Thurs Fri Sat
With the understanding that the requested variance is as described above, and the applicant with all other requirements that may be imposed by the City of Avalon Noise Ordinance, the undersigned requests a Noise Variance Permit per Section 5-13.10 of the Avalon Municipal Code.

Noise Variance Permit cost: $283.00, made payable to the City of Avalon (non-refundable) Printed Name of Applicant Signature of Applicant Date

CONDITIONAL NOISE VARIANCE INFORMATION

FOR OFFICE USE ONLY
• Approved • Rejected • Approved w/Conditions (see above) • Payment Received -
City Manager Date
«COMPANY LETTERHEAD»
«Date»
To whom it may concern: The purpose of this letter is to inform residents in the area surrounding «Location» of ongoing construction activity scheduled for «Work_Timeframe». As part of an ongoing project, «Company_Name» will have a «Reason_for_Variance» «Company_Name» is working to comply with Noise Variance procedures as required by the City of Avalon's Noise Ordinance, including notifying the surrounding neighborhood of the project. All mitigating efforts will be followed to reduce the noise impact to the community. Efforts such as using less noisy equipment and locating equipment as far from residences as possible will be implemented If you have any questions or noise concerns, please contact «Company_Project Manager» at «Company_Contact Number». Should you have any questions regarding the Noise Variance procedures and/or the Noise Ordinance, you may call the City of Avalon at (310) 510-0220. «Company_ Project Manager», Project Manager: «Company_Contact Number» «Company_Project Superintendent» Project Superintendent: «Company_ Contact Number_2» Sincerely,
«Company_Name»
«Company_Address»
«City», «State» «ZIP_Code»
«Phone»
«Email»
Special Use Permit Checklist - Sound Amplifying Equipment The following information is required to review and process a Special Use Permit Application. A minimum of 10 days (prior to the permit start date) is required for review and processing.

Please read the attached "How to File a Noise Variance Request in the City of Avalon" for more information. A completed packet may be faxed, mailed, or emailed ([email protected]) to our office
Special Use Permit Application
Sound Impact Plan
Payment: $283.00

COMPLETION OF THE CHECKLIST/APPLICATION DOES NOT GUARANTEE COMPLIANCE WITH STATE LAW NOR DOES IT GUARANTEE APPROVAL.

THIS IS SOLELY INTENDED AS A GUIDELINE FOR PROPER APPLICATION SUBMITTAL HOW TO FILE A Special Use Permit IN THE CITY OF AVALON
Pursuant to Chapter 5-13.09 of the Avalon Municipal Code, the Noise Ordinance allows for the granting of special use permits for sound amplifying equipment in the District 2, District 3 and the Waterside/Harbor District.

INSTRUCTIONS:

1. Any person seeking a Special Use Permit shall file an application with the City Manager. A minimum of ten (10) working days prior to the commencement of the requested activity will be required to process the permit as stipulated in these guidelines.

3. A fee of $283.00, as stipulated in the most current City of Avalon Fee Schedule, shall accompany the variance application (this is a non-refundable fee).

4. A separate application is to be filled for each noise source.

5. Notice of application for a special use permit shall be published per rules established by Noise Ordinance, which include (but are not limited to):
a. All residents whom the City Manager determines may be adversely affected by the noise shall be notified at a minimum of 72 hours prior to granting of the variance via a public notification and/or letter**
b. A list of residences contacted shall be provided to the City Manager prior to distribution of the notification and/or letter***
c. Any individual who claims to be adversely affected by the issuance of the variance may file a statement with the City Manager containing information to support his/her claim.

6. In determining whether to grant or deny an application, the City Manager shall balance the request of the applicant with the overall effect on the community, immediate properties and/or other persons affected

7. The City Manager may require more information from an applicant.

8. Any permit granted may be subject to conditions established by the City Manager, including (but not limited to) hours of operation, noise mitigating devices, etc.

9. Noncompliance with any condition of the permit shall terminate the approval.

Special Use Application - Sound Amplifying Equipment
Operator/DBA: Name:

Responsible Party Name:

Address: _ PO Box
City: State: | Zip:

Office #: Mobile#:

Email:

NOISE SOURCE INFORMATION
Name: Phone:

Location(s):

Noise District Location:

Describe type of work (attach additional sheets as needed):

Start Date: End Date:

Start Time: End Time:

Occurring Days: [ ] Sun | ] Mon [ ] Tues [ ] Wed | ] Thurs | ] Fri [ ] Sat Special Use Permit Guidelines:
(Please initial to indicate you have read, understand and agree to comply by the following provisions)
The City reserves the right to revoke a Special Use Permit where reasonably necessary to protect persons or property.

The City reserves the right to modify the terms of the Special Use Permit as authorized by the City Council.

The applicant agrees to self-monitor the noise of sound amplifying equipment throughout the duration of the term of this permit.

The applicant agrees to provide their own sound monitoring equipment in order to self- monitor the noise of an event or sound amplifying equipment.

The applicant understands and acknowledges the City of Avalon's Code Enforcement Officers, Fire Department or Los Angeles County Sheriff's Department may audit the sound throughout the term of an authorized permit. When conducting a sound reading the results of any city official's sound monitoring device supersedes the applicant.

The City reserves the right to conditionally approve a permit and may establish conditions and limitations, including but not limited to hours of operation, public notification, use of noise control devices, and other measures necessary.

The set up for this event will align with the Sound Impact Plan provided with this application.

All of the information provided in this application is true and correct.

Any special use permit issued as a result of submitting this application shall require the permit holder to defend, indemnify and hold harmless the City and its officers, employees, attorneys and agents from any and all claims, causes of action, penalties, damages, expenses (including reasonable attorneys' fees), loss or liability, of any kind or nature whatsoever, including workers compensation, arising out of or resulting from the event or activity except as caused solely by the negligence, gross negligence or willful misconduct of the City. Additionally, any permit issued as a result of submitting this application shall require the permit holder to defend, protect, indemnify and hold harmless the City and its officers, employees and agents from any and all claims, causes of action, penalties, damages, expenses (including reasonable attorneys' fees), loss or liability, of any kind or nature whatsoever, including workers compensation, arising out of or resulting from the City's issuance of or refusal to issue a permit.

I have read, understand and agree to meet all requirements and all applicable sections as outlined in the City of Avalon's Special Use Permit Application. I also agree, if approved, to comply with all permit conditions, and understand that failure to comply with any conditions, or to make any violations of law, may result in the immediate revocation of permit, denial of future permits, forfeiture of deposits and fees and/or criminal prosecution.

Printed Name of Applicant Signature of Applicant Date

FOR OFFICE USE ONLY
• Approved • Rejected o Approved w/Conditions o Payment Received City Manager Date

CONDITIONAL SPECIAL USE PERMIT INFORMATION

Avalon City CouncilAugust 16, 2022

Avalon City Council
August 16, 2022