Agenda — Avalon City Council, October 4, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 4, 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' sOffice ( 310) 510- 0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ( 28 CFR 35. 102-

35. 104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

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

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www. cityofavalon. com/ meetings
Streaming on Facebook Live: www. facebook. com/ CityOfAvalonOfficial Streaming on YouTube: https:// www. youtube. com/ CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https:// us06web. zoom . us/ j/81882327747? pwd= UkY0cWVpRFF3R2J6cGpCVXB4VOVYdz09

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/ j81882327747? pwd= UkY0cWVpRFF3R2J6cGpCVXB4V0VYdz09, 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' sOffice that you wish to provide comments.
1) Join Zoom Meeting via the internet:

U RL: https:// us06web. zoom. us/ j81882327747? pwd= UkYOcWVpRFF3R2J6cGpCVXB4V0VYdz09

CITY COUNCIL AGENDA
OCTOBER 4, 2022
PAGE 2
Meeting ID: 818 8232 7747
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: 818 8232 7747
When you would like to comment during the meeting enter * 9 on the phone' skey pad to activate the " raise hand" button at the time the Agenda Item is being presented for City Council consideration.

Please note, the City is not responsible for the public' s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software.

CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL ANNOUNCEMENTS l 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 — Avalon Environmental Services ( CR& R) will provide an overview of implementation of SB 1383. (25 minutes)

CONSENT CALENDAR

1. Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council' sapproval.

Recommended Action
Approve minutes from the September 13, 2022 Special City Council Meeting and September 20, 2022 regular City Council Meeting.

CITY COUNCIL AGENDA
OCTOBER 4, 2022
PAGE 3

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $906, 474.9.
o One payroll in the amount of $231, 054. 87.
o One electronic fund transfers totaling $ 2, 427.9.

Recommended Action
Approve the expenditures for September 12, 2022 through September 23, 2022 totaling 1,39, 956. 85.

3. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council made findings pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine that the COVID- 19state 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 November 1, 2022 meeting and thirty (30) days thereafter.

Recommended Action
Determine that the COVID- 19state 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. Gann Appropriations Limit
The City is required to review and adopt a resolution approving the annual appropriations limit to ensure the City is not over taxing its payers. The proposed budget for FY22- 23 has been reviewed and the tax proceeds of the General Fund are within the limit.

Recommended Action
Adopt Resolutions approving the Annual Gann Appropriations Limit calculation for Fiscal Year FY22- 23.

5. Adopt an Ordinance Amending Chapter 5-1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property This ordinance was introduced and all further readers were waived during the September 20, 2022 regular City Council Meeting. The City proposed ordinance amends existing guidelines for banners strung across the public rights -of -way so as to limit the amount of time a banner may be hung in a specific location.

CITY COUNCIL AGENDA
OCTOBER 4, 2022
PAGE 4
Recommended Action
Adopt an ordinance of the City of Avalon amending Chapter 5-1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property.

6. Adopt an Ordinance Repealing and Replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code Regarding Noise
This ordinance was introduced and all further readings waived during the August 16, 2022 City Council Meeting. 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 proposed noise ordinance allows for better control and assessment of noise in Avalon.

Recommended Action
Adopt an ordinance repealing and replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code regarding noise.

GENERAL BUSINESS

7. Easement Agreement with the Catalina Island Company for Use of Pebbly Beach Road, In 2013, the City of Avalon and Catalina Island Company entered into an easement agreement for use of Pebbly Beach Road. The agreement outlined a 10 year term, during which time, the roadway was to be made accessible for all golf carts, bikes, walkers, joggers, etc. as long as the City maintained responsibility for the maintenance of the road and maintained insurance indemnifying the Catalina Island Company and its affiliated companies.

Recommended Action
Authorize the City Manager to execute an amendment and extension to the easement agreement with the Catalina Island Company for use of Pebbly Beach Road.

8. Appointments to Fill Two Planning Commission Vacancies The Planning Commission is a seven person commission with one, optional alternate member. Due to a
resignation, there is currently one vacancy on the Planning Commission. Members of the City Council have indicated they may be interested in filling the vacant Alternate Planning Commissioner position. The City published a notice regarding recruitment for two positions on the Planning Commission — Planning Commissioner and Alternate Planning Commissioner — in the September 9, September 16 and September 23 issues of the Islander. No applications were received by the stated deadline; however, two applications were received later.

Recommended Action
Discuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for individual( s) to serve as a Planning Commissioner and/ or an Alternate Planning Commissioner.

CITY COUNCIL AGENDA
OCTOBER 4, 2022
PAGE 5

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, October 4, 2022 was posted on Friday, September 30, 2022 on the City' s
website www. cityofavalon. com, and at City
Hall, 410 Avalon Canyon Road.

Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: - s=> k, tL
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION( S): Approve minutes from the September 13, 2022 Special City Council Meeting and the September 20, 2022 Regular City Council Meeting.

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

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' soffice.

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

ATTACHMENTS:
1) September 13, 2022 Special City Council Minutes.
2) September 20, 2022 Regular City Council Minutes.

SPECIAL AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 13, 2022 — 10: 00 A. 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 -4: 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 and Deputy City Clerk/ Administrative Analyst Devin Hart. Absent: City Attorney Scott Campbell.

WRITTEN COMMUNICATIONS -None.

CONSENT CALENDAR - There were 4 Items on the Consent Calendar. Motion to approve Items # 1-# 4 made by Michael Ponce, seconded by Yesenia De La Rosa.

All Ayes).

1. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
Determined that the COVID- 19state 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 COVID19, and that as a result of the COVID- 19emergency, meeting in person would present imminent risks to the health or safety of attendees.

SPECIAL CITY COUNCIL MINUTES
SEPTEMBER 13, 2022
PAGE 2

2. Procurement of Two (2) Yamaha Outboard Engines
Authorized the Harbor Master to purchase two ( 2) Yamaha outboard engines for a not to exceed sum of $40, 000.

3. Ratify Prior Action - Replenishment of Infill for Joe Machado Field Determined that an emergency existed and ratified action by the City Manager and Community Services Supervisor to undertake necessary maintenance to replenish infill at Joe Machado Field. Authorize a Fiscal Year 2022-3 budget amendment allocating an additional $ 34, 500 to fund 10265- 5644.

4. Award Green Pleasure Pier 2022 Repair Project
1) Awarded the construction contract for the Green Pleasure Pier 2022 Repair Project to Jilk Heavy Construction, Inc. for a not to exceed amount of 266, 980. 0 (2) Approved a supplemental appropriation of $ 100, 00 to the current budget of $ 225, 000. for a total project budget in FY 2022-3 of 325, 000..

Presentation was taken out of order.

PRESENTATION — Public Works Director Robert Greenlaw provided an assessment of City infrastructure and an overview of the City of Avalon' scurrent and future capital improvement projects.

Mayor Marshall adjourned the meeting at 6: 22 p. m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on September 13, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 20, 2022 — 5: 00 P. M.

THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

CALL TO ORDER -5: 00 p. m.

ROLL CALL 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 ClerklSr. Administrative Assistant Gabrielle Morones.

WRITTEN COMMUNICATIONS - None.

PRESENTATION — Southern California Edison provided an update regarding the water supply status and the results of the customers' water conservation efforts.

Councilmember Schickling recused herself due to a Conflict of Interest.

CONSENT CALENDAR - There were 3 Items on the Consent Calendar. Motion to approve Items # 1-# 3 made Lisa Lavelle, seconded by Michael Ponce. (All Ayes)

1. Minutes
Approved minutes from the August 16, 2022 regular City Council Meeting.

2. Warrants
Approved warrants in the amount of $ 1, 276, 623. 86, three payrolls in the amount of $ 734, 999. 58, and three electronic fund transfers totaling $ 190,96. 02 for a total disbursement of $ 2,01, 819. 46for August 8, 2022 through September 9, 2022.

CITY COUNCIL MINUTES
SEPTEMBER 20, 2022
PAGE 2

3. Fiscal Year 2021-022 Fourth Quarter Treasurer' sReport Adopted Resolution No. SA 22- 48 of the City Council of the City of Avalon/ Successor Agency to the Avalon Community Improvement Agency adopting the Treasurer' sInvestment Report for Fiscal Year 2021/022 Fourth Quarter.

PUBLIC HEARING

4. Amendments to Fiscal Year 2022-023 Miscellaneous Fee Schedule

1. City Council heard a presentation regarding amendments to the Miscellaneous Fee Schedule. 2. Mayor Marshall opened the public hearing, no comments were heard. 3. Mayor Marshall closed the public hearing. 4. Adopted Resolution No. 22- 49 of the City Council of the City of Avalon amending fees for services, facilities and activities of the City of Avalon for Fiscal Year 2022-3.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa.

All Ayes).

5. General Plan Amendment GPA 22- 01, Approving Revisions to the 2021-029 Planning Cycle Housing Element Update

1. Mayor Marshall opened the public hearing, no comments were heard. Mayor Marshall closed the public hearing. 2. Made the finding the project is exempt from further environmental review in compliance with CEQA Guidelines Section 15164. 3. Adopted Resolution No. 22- 50 of the City Council of the City of Avalon, Adopting General Plan Amendment GPA 22- 01 (2021-029 Housing Element Update).

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

GENERAL BUSINESS

6. Consideration of Transportation Permit — Daniel Mello, dba Catalina Island Golf Cart Tours
City staff was directed to hold over the Item to a future city council meeting so that the applicant can be present.

7. First Reading of an Ordinance Amending Chapter 5-1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property Introduced and waived all readings of an ordinance of the City of Avalon amending Chapter 5-1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property.

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

CITY COUNCIL MINUTES
SEPTEMBER 20, 2022
PAGE 3

8. New Ambulance Purchase
Authorized the Fire Chief to purchase a new 2023 Ford E350 4x2 Gasoline Powered Chassis, Cutaway Van for a not to exceed sum of $250, 00.

Motion to approve made by Anni Marshall, seconded by Lisa Lavelle.

All Ayes)
CLOSED SESSION -6: 50 p. m. -7: 24 p. m.

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

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

Case Number: 20LBCV00291
Following Closed Session City Manager Maistros announced there was no reportable action.

Mayor Marshall adjourned the meeting at 7: 24 p. m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on September 20, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM: 2
ORIGINATING DEP: . Finance CITY MANAGER: ( U,,
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION( S): Approve the disbursements for September 12, 2022 through September 23, 2022 totaling $ 1,39, 956. 85.

REPORT SUMMARY: These disbursements through September 23rd are comprised of warrants totaling $ 906, 474.9, one payroll totaling $ 231, 054. 87, and other electronic fund transfers totaling $ 2, 427.9.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34882-4974 906, 474.9 09/ 16/ 22 PAYROLL 231, 054. 87 09/ 23/2
EFT - HARBOR/ REC CREDIT CARD AND BANK SERVICE FEES 2, 427.9 09/ 23/2 TOTAL DISBURSEMENTS 1,39, 956. 85
GOAL ALIGNMENT: Ongoing meeting of City obligations.

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

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
SEPTEMBER 12, 2022 - SEPTEMBER 23, 2022 DISBURSEMENTS
October 4, 2022

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CKU 34882-4974 906, 474.9 09/ 16/ 22 PAYROLL 231, 054. 87 09/ 23/2
EFT - HARBOR/ REC CREDIT CARD AND BANK SERVICE FEES 2, 427.9 09/ 23/2 TOTAL DISBURSEMENTS 1,39, 956. 85

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
4TH DAY OF OCTOBER 2022

AUDIT COMMITTEE - LISA LAVELLE

I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

EXECUTED THIS 4TH DAY OF OCTOBER 2022

AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON
SEPTEMBER 12, 2022 - SEPTEMBER 23, 2022 DISBURSEMENTS
October 4, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34697
34804
34882
34883
34884
34885
34886
34887
34888
34889
34890
34891
34892
34893
34894
34895
34896
34897
34898
34899
34900
34901
34902
34903
34904
34905
34906
34907
34908
34909
34910
34911
34912
34913
34914
34915
34916
34917
34918
34919
34920
34921
34922
34923
34924
34925
34926
34927
09/ 12/ 2022
09/ 12/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
705. 87)
1, 444. 89)
4, 364. 27

83. 20
6,84. 27
319. 49
1, 324. 8
151, 62. 48
1, 037. 82
138. 85

38. 00
3, 191. 50

14. 40
100. 00

36. 00
605. 83

79. 20
3, 793. 59
122. 63
66, 238. 80
8, 178. 00
414.8
163. 00

86. 00
16, 797. 25
1, 485. 23
1, 411. 74
231,77. 25

14. 40
699. 46

45. 60

18. 00
1, 854. 4
557. 99
123, 451. 02
29, 925. 38
360. 00
12,17. 50
1, 780. 0
360. 00
2, 568. 00
22, 001. 75
1, 320. 0
10,92. 25
360. 00
1, 375. 00
8, 590. 35

72. 00

COOK, AMANDA

HDL COREN & CONE

AAA OIL, INC

AIR SOURCE INDUSTRIES
AMAZON CAPITAL SERVICES, INC.

ARIENS SPECIALTY BRANDS LLC
AT& T

AVALON ENVIRONMENTAL SVCS

AVALON FREIGHT SERVICES, LLC

AVALON MOORING & DIVING

BALLEZA, MARIA

BEYOND SOFTWARE SOLUTIONS

BOGARD, ANGELA

BOWMAN, CRESSITA

BOYD, MARY

BROWN, MARISA

CANBY, CAITLYN

CATALINA BEVERAGE CO

CATALINA BROADBAND SOLUTIONS

CATALINA EXPRESS

CATALINA ISLAND COMPANY

CATALINA ISLANDER

CHAVOLLA, MIGUEL & YESENIA

CHAVOYA, HILDA
CO. OF LOS ANGELES SHERIFF' S DEPT.

COMMERCE HOSE & INDUSTRIAL PRODUCTS

COOK, AMANDA

COUNTY OF LOS ANGELES FIRE DEPT

CRUZ, ERICA
DATATEL COMMUNICATIONS, INC.

DE LA CRUZ, ROCIO

DEGNAN, TRACI

DION & SONS MARINE FUELS INC

DON MILLER & SONS
EDISON

ESG ENGINEERING

GALLS, LLC

GARCIA, MITZI

VOID - LOST IN MAIL

VOID - ENTRY ERROR

FUEL - ALL DEPTS

SERVICE - FIRE

SUPPLIES - ALL DEPARTMENTS

UNIFORMS - PUBLIC WORKS

COMMUNICATIONS - ALL DEPARTMENTS
CONTRACT SERVICES/ SWEEPER - 08/ 2022

FREIGHT - ALL DEPARTMENTS

SERVICE - HARBOR

REFUND - RECREATION FEES

CONTRACT SERVICES - IT

REFUND - RECREATION FEES

REFUND - RECREATION FEES
RETIREE INSURANCE - 09/ 2022

REFUND - RECREATION FEES

SUPPLIES - ALL DEPARTMENTS

SERVICE - FIRE
SUBSIDY - 07-8/ 2022
RENT - 09/ 2022

ADVERTISING - ALL DEPARTMENTS

REFUND - RECREATION FEES

REFUND - RECREATION FEES
WATERFRONT PATROL- 07/ 2022

SUPPLIES - HARBOR
RETIREE INSURANCE - 09/ 2022, REISSUE CHECK 34697

QUARTERLY PAYMENT - PARAMEDICS

REFUND - RECREATION FEES

SERVICE - HARBOR

REFUND - RECREATION FEES

FUEL - HARBOR

SUPPLIES - PUBLIC WORKS

UTILITIES - ALL DEPARTMENTS

SERVICE - PUBLIC WORKS

UNIFORMS - FIRE

REFUND - RECREATION FEES

Page 1 of 3 ends

CITY OF AVALON
SEPTEMBER 12, 2022 - SEPTEMBER 23, 2022 DISBURSEMENTS
October 4, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34928
34929
34930
34931
34932
34933
34934
34935
34936
34937
34938
34939
34940
34941
34942
34943
34944
34945
34946
34947
34948
34949
34950
34951
34952
34953
34954
34955
34956
34957
34958
34959
34960
34961
34962
34963
34964
34965
34966
34967
34968
34969
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022
09/ 16/ 2022

18. 00

10. 00

10. 00
2, 670. 44
121. 60
1, 444. 89
630. 00
17, 432. 0

76. 00
209.0

86. 00
1, 536. 27
781. 37

68. 40

14. 40
1, 951. 50
108. 00

72. 00
1, 330. 06

40.7 90. 00

28. 80

57. 60

14. 40
1, 862. 00
24, 052.8

36. 00

28. 80

38. 00
1, 619. 5
1, 609. 9

20. 57

14. 40
268. 48
9, 357. 91

38. 00

18. 00
72, 694. 50

52. 00
3, 633. 98
251. 47
15, 208. 33

GARCIA, SALINA

GONZALEZ, LUCY

GORDON, RUBY

GRAINGER

HERNANDEZ, ARACELI

HINDERLITER, DE LLAMAS & ASSOCIATES

LUPO, KARLA

JORDAHL CONSTRUCTION

KING, LEEANN
L. N. CURTIS & SONS

LEYVA, MARTIN
LINDE GAS & EQUIPMENT INC.

LLEWELLYN SUPPLY CO.

LOPEZ, DONNA

MACHADO, SANDRA

MATTHEWS INTERNATIONAL CORPORATION

MCALEAVY, ERIN

MCKAY, KAREN

MCMASTER- CARR

MEAD, FRANK

MEZA, CELESTE

MORENO, EFRAIN

MORONES, GABRIELLE

NALUAI, ANGELA

NAPA AUTO PARTS
OPENGOV, INC.

PEGUERO, OFELIA

PEREZ, CLAUDIA

PERICO, RAFFAELLA

QUINN COMPANY

RICK SPRUELL
RICOH USA, INC.

RODRIGUEZ, MELISA
SACRAMENTO METROPOLITAN FIRE DIST.

SIRIA' CLEANING SERVICE

STANLEY, PAUL

TAMAYO, ADRIANA
PARKING CONCEPTS, INC.

UNDERGROUND SERVICE ALERT/ SC

CORPORATE PAYMENT SYSTEMS

US JETTING

VEGA, EDMUNDO

REFUND - RECREATION FEES

SUPPLIES - PUBLIC WORKS

REFUND - RECREATION FEES
REISSUE CHECK 34804

SERVICE - RECREATION
PROGRESS PAYMENT 1

REFUND - RECREATION FEES

UNIFORMS - FIRE

REFUND - RECREATION FEES

SUPPLIES - HARBOR

REFUND - RECREATION FEES

SUPPLIES - CEMETERY

REFUND - RECREATION FEES

SUPPLIES - PUBLIC WORKS

REFUND - CEMETERY FEE

REFUND - RECREATION FEES

SUPPLIES - GARAGE

SERVICE - FINANCE

REFUND - RECREATION FEES

SUPPLIES - GARAGE
RETIREE INSURANCE - 07. 08/ 2022

COPIER LEASE - PLANNING

REFUND - RECREATION FEES

SERVICE - FIRE
1ST HALF 09/ 2022

REFUND - RECREATION FEES

REFUND - RECREATION FEES
CONTRACT SERVICES - 08/ 2022

SERVICE - PUBLIC WORKS

SEE ATTACHED DETAIL

SUPPLIES - GARAGE
CONTRACT SERVICES - 09/ 2022

Page 2 of 3 ends

CITY OF AVALON
SEPTEMBER 12, 2022 - SEPTEMBER 23, 2022 DISBURSEMENTS
October 4, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34970 09/ 16/ 2022
34971 09/ 16/ 2022
34972 09/ 16/ 2022
34973 09/ 16/ 2022
34974 09/ 16/ 2022
5, 711. 85 WESTRIDGE ENVIRONMENTAL GROUP
1, 054. 90 ZOLL MEDICAL CORP.
18,32. W -TRANS
1, 359. 60 HICKMAN, JESSICA
5,00. 0 GOVINVEST, INC.
906, 474.9

SUPPLIES - WWTP

SUPPLIES - FIRE

SERVICE - PLANNING

SERVICE - RECREATION
REISSUE CHECK 34702

Page 3 of 3 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 16, 2022
October 4, 2022

LAST NAME POST DATE AMT USD
ALEGRIA 7/ 26/022 906. 30
ALEGRIA 7/ 27/022 449. 90
ALEGRIA 7/ 27/022 115. 00
ALEGRIA 8/ 2022 10. 99
CARSTARPHEN 7/ 25/022 11. 94
CARSTARPHEN 7/ 25/022 525. 86
CARSTARPHEN 7/ 25/022 50. 27
CARSTARPHEN 7/ 27/022 6. 04
CARSTARPHEN 7/ 29/022 3. 99
CARSTARPHEN 8/ 1/ 2022 14. 28
CARSTARPHEN 8/ 1/ 2022 64. 84
CARSTARPHEN 8/ 3/ 2022 18.5
CARSTARPHEN 8/ 4/ 2022 250. 50
CARSTARPHEN 8/ 5/ 2022 38. 97
CARSTARPHEN 8/ 5/ 2022 739. 34
CARSTARPHEN 8/ 12/ 2022 107. 66
CARSTARPHEN 8/ 15/ 2022 60. 45
CARSTARPHEN 8/ 15/ 2022 259. 50
VENDOR

HOTEL HUNTINGTON BEACH

FD SIGNWORK

WARRIOR FIRE EQUIPMENT

CHET' S HARDWARE
USPS
EMEDCO
UPS

CHET' S HARDWARE

WEATHERFLOW

CHET' S HARDWARE

ELLI' SISLAND DELI
UPS

CATALINA EXPRESS

SANTA FE IMPORTERS

DATATEL COMMUNICATIONS

WEST MARINE

CHET' S HARDWARE

WEST MARINE
3, 633. 98 CHECK 34967

DESCRIPTION

LODGING

HELMETS SUPPLIES

TURNOUT SUPPLIES

MAINTENANCE SUPPLIES

FREIGHT

SAFETY SUPPLIES

FREIGHT

PATROL BOAT MAINTENANCE

WEATHER SERVICE SUBSCRIPTION

PATROL BOAT MAINTENANCE

MEETING SUPPLIES

FREIGHT
TRAVEL

LUNCH MEETING

PAYMENT SERVICE

PATROL BOAT MAINTENANCE

FLOAT MAINTENANCE

PATROL BOAT MAINTENANCE

DEPARTMENT
FIRE
FIRE
FIRE
FIRE
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR
HARBOR

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

October 4, 2022
City Attorney
Scott Campbell, City Attorney
AGENDA ITEM: 3
CITY MANAGER: W\
Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION( S): Determine that the COVID- 19state 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- 19emergency, 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- 19pandemic.

Since March of 2020 and the issuance of Governor Newsom' sExecutive Order N- 29-0, 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- 29-0 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' steleconference 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. 0000\ 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- 19continues to present an imminent threat to the health or safety of members of the public, and the Governor' sdeclaration 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- 19poses 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 August 16, 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- 19emergency 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- 19emergency, 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 November 1, 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 November 1, 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. 00000134520481. 1

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022
ORIGINATING DEP: Finance
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Gann Appropriations Limit
AGENDA ITEM: 9
CITY MANAGER: Aage
RECOMMENDED ACTION( S): Adopt Resolutions approving the Annual Gann Appropriations Limit calculation for Fiscal Year FY22- 23.

REPORT SUMMARY:

The City is required to review and adopt a resolution approving the annual appropriations limit to ensure the City is not over taxing its payers. The proposed budget for FY22- 23 has been reviewed and the tax proceeds of the General Fund are within the limit.

Article XIIIB of the California Constitution as enacted by Proposition 4, the Gann Initiative of 1979, mandates a limit on the amount of proceeds from taxes that cities and other government agencies within California can receive and spend each fiscal year. The intent of this law is to limit government spending by putting a cap on the total tax proceeds that can be appropriated each year. State legislation requires the City to annually adopt a spending limit for each fiscal year. The calculation factors can only be revised annually. Any modification or recalculation for prior years requires a 60 day public review prior to adoption.

The original legislation, Article XIIIB was further modified by Proposition 111 and SB88 as approved by California voters in June of 1990. In response to increasing difficulties with the restrictions of Proposition 4 and to increase accountability of local government in adopting limits, the voters in June 1990 adopted Proposition 111. Proposition 111 changed the base year calculation and allows cities more flexibility in selection certain inflation and population factors to calculate the Gann limit. The limit varies for each agency and can change each year. When a city' s proceeds of taxes ( less statutory exclusions) exceeds the legal limit, excess tax revenue must be returned to the State or citizens via a process of refunds, rebates or other means that may be determined. Excess revenues in a year may be carried over for one year provided that it is below its appropriations limit in the next succeeding year by at least as much.

The City is currently under the limit by 45. 97% for FY22- 23. As a result, the appropriations limit does present a restraint on the current year or near -future tax revenues. If new taxes were proposed for the General Fund, a calculation would need to be completed to determine if the appropriations associated with the new taxes exceeded the appropriation limit. State law includes a provision for the voters to approve an override of the calculated appropriations limit for a period not to exceed four years.

The calculation is based on the amount of tax proceeds that were authorized to be spent in FY1986- 87, including modifications for inflationary and population changes in each subsequent years. The attached schedules provide detailed information on the City' s expenditure limit calculation. The calculation indicates the FY22- 23Budget is $ 6, 122, 788 below the spending limit of $13, 317, 966. For FY21- 22, the City exceeded its appropriations limit by $ 1,12, 513 as a result of actual revenues exceeding estimates used in the FY21- 22 Budget. However, the two year limit has not been exceeded as the total appropriations subject to limitation for FY 21-2 and FY 22-3 was less than the total appropriations limit for FY21- 22 and FY 22-3 by $ 5, 010, 275.

As required in Article XIIIB, the City Council must authorize both inflation and population factors for calculating the spending limitation amount. The available options are:

1. Inflation Factors :
a. California per capita income
b. Growth in the nonresidential assessed valuation due to new construction within the City.

2. Population Factors:
a. City population growth
b. County population growth
Staff recommends the combination of factors that result in the City' sability to retain the greatest flexibility under the spending limitation. The two factors that accomplish this objective for the FY22- 23 limit are the California per capita income and the County population growth. By selecting the recommended combination of factors, the City reserves the highest level of management discretion for future appropriations.

GOAL ALIGNMENT: Required Reporting
FISCAL IMPACTS: There is no fiscal impact associated with this action.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would be out of compliance with State law by not approving the factors and adopting the Appropriations Limit for FY22- 23.

FOLLOW UP ACTION: File certified copy of adopted resolution.

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

ATTACHMENTS:

Appropriations Limit Calculation
Resolution
City of Avalon
Appropriation Limit FY2022/ 23
APPROPRIATIONS SCHEDULE FY 22-3
Appropriations Limit, Beginning of Year
Price Factor (% change in per capita personal income)
Per Department of Finance Letters
Percent Change in AV in New Non -Residential Construction ( HdL) 12, 471, 594

1. 0755

1. 0000
Higher of the Price Factors Chosen 1. 0755
Population Factors:

LA County
Avalon

0. 9929

0. 9901
Higher Population Factor Chosen 0. 9929
Combined Factor ( Price Factor x Higher Population Factor) 1. 0679 Appropriations Limit, End of Year $ 13, 317, 966
CITY OF AVALON APPROPRIATIONS SUBJECT TO LIMITATION FY 22-3 A: PROCEEDS OF TAXES ( See detail on Tax Proceeds Worksheets) $ 10, 540, 868 B: EXCLUSIONS ( 3,45, 690. 0)
C: APPROPRIATIONS SUBJECT TO LIMITATION 7, 195,78
D: CURRENT YEAR LIMIT 13, 317, 966
E: OVER ( UNDER) LIMIT $ ( 6, 122, 788)
F: PERCENT. UNDER MAXIMUM LIMIT 45. 97%
1 of 4
CITY OF AVALON TAX PROCEEDS FOR FISCAL YEAR 2022/3

REVENUE SOURCE

TAX NON - TAX

PROCEEDS PROCEEDS TOTAL
TAXES:

PROPERTY TAX 204,81 204,81
RDA PASS THRU & RESIDUAL TAX 483, 87 483, 87
TRANSFER TAX 25, 000 25, 000
SALES AND USE TAX 1, 200, 000 1, 200, 000
SALES TAX - HOSPITAL 600, 00 600, 00
SALES TAX - PSAF 50, 000 50, 000
ADMISSION TAX 700, 00 700, 00
TRANSIENT OCCUPANCY TAX 4, 000,00 4, 000,00
TRANSIENT TAX - VAC RENTALS 1, 700, 000 1, 700, 000
BUSINESS LICENSE TAX 85, 000 85, 000
MEASURE H TAX 757, 57 757, 57
FROM STATE:

CORONAVIRUS RELIEF FUNDS
MOTOR VEH FEES 5B- 1096

SUPP LAW ENF ( COPS)

GASOLINE TAX
TDA ARTICLE 8
TDA ARTICLE 3
429, 205 429, 205
100, 00 100, 00
214, 911 214, 911
220, 42 220, 42
5, 000 5, 000
OTHER GOVERNMENTS:

COMM. DEVELOPMENT (CDBG) 138, 000 138, 000
PROP A INCENTIVE ( COMM. SUB.) 1,76, 538 1,76, 538
PROP C INCENTIVE ( JITNEY) 409, 874 409, 874
LA COUNTY PARKS GRANT 176, 250 1, 352, 788
SUCCESSOR ADMIN ALLOWANCE 250, 00 250, 00
PROPOSITION C ( LOCAL RETURN) 80, 400 80, 400
PROPOSITION A ( LOCAL RETURN) 96,28 96,28
MEASURE R 60, 300 60, 300
MEASURE M 68, 340 68, 340
FEMA/ OES 750, 00 750, 00
5 CORNERS GRANT 1, 488, 601 1, 488, 601
PLANNING GRANT 271, 968 271, 968
SB 90 REIMBURSEMENT -
GEMT 75, 000 75, 000

FIRE GRANT
LOCALLY RAISED:

LICENSES AND PERMITS 428,50 428,50
FRANCHISE FEES 135, 000 135, 000
RENTS - HOUSING AUTHORITY 10, 300 10, 300
FINES, FORFEITURES, PENALTIES 12, 000 12, 000
TRAFFIC SAFETY FINES 85, 000 85, 000
USER FEES:

AMBULANCE 400, 00 400, 00
RECREATION 69, 000 69, 000
MISC SERVICE FEES 2, 500 2, 500
TRANSIT FARES 87, 000 87, 000
CEMETERY 28, 500 28, 500
RENTAL INCOME 24, 000 24, 000
OTHER MISCELLANEOUS:

CONTRIBUTIONS- GF -

CONTRIBUTIONS- RYDELL -

CONTRIBUTIONS- PUTNAM -

CDBG LOAN PAYMENTS -

DONATIONS -
OTHER- MISC 2, 000 2, 000
SUBTOTAL 10, 540, 868 6, 560, 294 18, 277, 700
PERCENTAGE OF TOTAL 57. 67% 35. 89% 93. 56%
INTEREST EARNINGS: 17, 590 10, 947 30, 500
TOTAL GOVERNMENTAL FUNDS 10, 558, 458 6, 571, 241 18, 308, 200 2 of 4

CITY OF AVALON HISTORICAL EXPENDITURE LIMIT
ADJUST. TOTAL ADJUST. ANNUAL
ADJUST. FACTOR OPTION PERCENT. ADJUST. AMOUNT LIMIT
79/ 80 POPULATION CITY 1. 05
79/ 80 INFLATIONARY CPI 1.0 0. 15 138, 807 1, 046,41
80/1 POPULATION CITY 1. 07
80/1 PER CAP INCOME PER CAPITA 1.2 0. 20 207, 116 1, 253, 157 81/2 POPULATION CITY 1. 04
81/2 PER CAP INCOME PER CAPITA 1. 09 0. 13 162, 284 1, 415,41 82/3 POPULATION CITY 1. 03
82/3 INFLATIONARY CPI 1. 07 0. 10 144, 91 1, 560, 382
83/4 POPULATION CITY 1. 03
83/4 PER CAP INCOME PER CAPITA 1. 02 0.5 77, 239 1, 637,21 84/5 POPULATION CITY 1. 05
84/5 INFLATIONARY CPI 1. 05 0. 10 169, 44 1, 807, 114
85/6 POPULATION CITY 1. 00
85/6 INFLATIONARY CPI 1. 04 0.4 74, 815 1, 881, 929
86/7 POPULATION CITY 1. 01
86/7 INFLATIONARY CPI 1. 02 0.4 71, 325 1, 953, 254
87/8 POPULATION COUNTY 1. 02
87/8 INFLATIONARY PER CAPITA 1. 03 0.5 106, 452 2, 059, 706 88/9 POPULATION CITY 1. 03
88/9 INFLATIONARY PER CAPITA 1. 05 0.8 162, 717 2,22, 423 89/ 90 POPULATION COUNTY 1. 01
89/ 90 INFLATIONARY PER CAPITA 1. 05 0.6 142, 013 2, 364, 436 90/1 POPULATION COUNTY 1. 01
90/1 PER CAP INCOME PER CAPITA 1. 04 0.6 133,18 2, 497, 554 91/2 POPULATION CITY 1. 21
91/2 INFLATIONARY PER CAPITA 1. 04 0. 26 660,3 3, 158,57 92/3 POPULATION COUNTY 1. 01
92/3 INFLATIONARY PER CAPITA 0. 99 0.1 26, 543 3, 184, 700 93/4 POPULATION CITY 1. 01
93/4 INFLATIONARY PER CAPITA 1. 03 0.4 118, 029 3,02, 729 94/5 POPULATION CITY 1. 04
94/5 INFLATIONARY PER CAPITA 1. 01 0.5 162, 484 3, 465, 213 95/6 POPULATION CITY 1. 02
95/6 INFLATIONARY PER CAPITA 1. 05 0.6 221, 981 3, 687, 194 96/7 POPULATION CITY 1. 05
96/7 INFLATIONARY PER CAPITA 1. 05 0. 10 364, 003 4, 051, 197 97/8 POPULATION COUNTY 1. 01
97/8 INFLATIONARY PER CAPITA 1. 05 0.6 241, 772 4, 292, 969 98/9 POPULATION COUNTY 1. 01
98/9 INFLATIONARY PER CAPITA 1. 04 0.6 240, 37 4, 533, 276 99/ 00 POPULATION COUNTY 1. 02
99/ 00 INFLATIONARY PER CAPITA 1. 05 0.6 284, 019 4, 817, 295 00/1 POPULATION COUNTY 1. 02
00/1 INFLATIONARY PER CAPITA 1. 05 0.7 323, 960 5, 141, 255 01/2 POPULATION COUNTY 1. 02
01/2 INFLATIONARY PER CAPITA 1. 08 0. 10 494, 065 5, 635, 320 02/3 POPULATION COUNTY 1. 02
02/3 INFLATIONARY PER CAPITA 0. 99 0.0 26, 910 5, 662, 230 03/4 POPULATION COUNTY 1. 02
03/4 INFLATIONARY PER CAPITA 1. 02 0.4 226, 92 5, 889, 192 04/5 POPULATION COUNTY 1. 02
04/5 INFLATIONARY PER CAPITA 1. 03 0.5 285, 617 6, 174, 809 05/6 POPULATION COUNTY 1. 02
3 of 4

CITY OF AVALON HISTORICAL EXPENDITURE LIMIT
ADJUST. TOTAL ADJUST. ANNUAL
ADJUST. FACTOR OPTION PERCENT. ADJUST. AMOUNT LIMIT
05/6 INFLATIONARY PER CAPITA 1. 05 0.7 422, 289 6, 597, 098 06/7 POPULATION COUNTY 1. 01
06/7 INFLATIONARY PER CAPITA 1. 04 0.5 344, 231 6, 941, 329 07/8 POPULATION COUNTY 1. 01
07/8 INFLATIONARY PER CAPITA 1. 04 0.6 393, 784 7, 335, 113 08/9 POPULATION COUNTY 1. 01
08/9 INFLATIONARY PER CAPITA 1. 04 0.6 414, 889 7,50, 002 09/ 10 POPULATION COUNTY 1. 01
09/ 10 INFLATIONARY PER CAPITA 1. 01 0.2 132, 308 7, 882, 310 10/1 POPULATION COUNTY 1. 01
10/1 INFLATIONARY PER CAPITA 1. 01 0.2 132, 979 7, 606, 152 11/2 POPULATION COUNTY 1. 01
11/2 INFLATIONARY PER CAPITA 1. 03 0.4 274, 33 7, 880, 495 12/3 POPULATION COUNTY 1. 00
12/3 INFLATIONARY PER CAPITA 1. 04 0.4 328, 170 8, 208, 665 13/4 POPULATION COUNTY 1. 01
13/4 INFLATIONARY PER CAPITA 1. 05 0.6 479, 823 8, 688, 488 14/5 POPULATION COUNTY 1. 01
14/5 INFLATIONARY PER CAPITA 1. 00 0.1 47, 631 8, 736, 119 15/6 POPULATION COUNTY 1. 01
15/6 INFLATIONARY PER CAPITA 1. 04 0.5 408, 092 9, 144, 211 16/7 POPULATION COUNTY 1. 01
16/7 INFLATIONARY PER CAPITA 1. 05 0.6 572, 944 9, 717, 155 17/8 POPULATION COUNTY 1. 01
17/8 INFLATIONARY PER CAPITA 1. 04 0.4 415, 995 10,33,50 18/9 POPULATION COUNTY 1. 01
18/9 INFLATIONARY PER CAPITA 1. 04 0.4 425,62 10, 558, 612 19/ 20 POPULATION COUNTY 1. 00
19/ 20 INFLATIONARY PER CAPITA 1. 04 0.4 405,10 10, 964, 022 20/1 POPULATION COUNTY 1. 00
20/1 INFLATIONARY NON RES VAL 1. 05 0.5 481, 873 11, 445, 895 21/2 POPULATION CITY 0. 99
21/2 INFLATIONARY NON RES VAL 1.0 0.9 1, 025, 699 12, 471, 594 22/3 POPULATION COUNTY 0. 99
22/3 INFLATIONARY PER CAPITA 1. 08 0.7 846, 372 13, 317, 966 4 of 4
RESOLUTION NO.

A RESOLUTION OF THE CITY OF AVALON ESTABLISHING
AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022/023

PURSUANT TO ARTICLE XIII B OF THE

CALIFORNIA CONSTITUTION
WHEREAS, the Gann Initiative or Proposition 4, also known as Article XIIB ofthe California State Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including the City of Avalon, shall not exceed the appropriation limit of such governmental entity for the prior year, subject to adjustments for changes in the cost of living or personal income and populations, except as provided in Article XIII B and implementing state statutes; and
WHEREAS, pursuant to Article XIII B and California Government Code §§ 7900 et seq., the City of Avalon is required to set its appropriation limit for each fiscal year; and WHEREAS, the City Manager and the Director of Finance have determined the appropriation and, pursuant to California Government Code §7910, have made available the public documentation used in the determination of said appropriation limit for a period of not less than fifteen days prior to adoption of this Resolution; and
WHEREAS, Proposition 111, as approved by the voters ofthe State of California requires a recorded vote of the City Council regarding the annual adjustment factor selected by the City each year; NOW, THEREFORE, the City Council ofthe City of Avalon declares, finds and resolves as follows:

Section 1. That the following growth factors for setting of the appropriations limit are selected: (1) increase in the assessed valuation of Per Capita Personal Income increase of 7. 55% and( 2) decrease in the population of the County of Los Angeles of 0. 71%.

Section 2. That the appropriation limit for Fiscal Year 2022/023 shall be and is hereby set in the amount of $13, 317, 966.

PASSED, APPROVED AND ADOPTED this 4th day of October 2022.

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM: 5
ORIGINATING DEP: Community Services CITY MANAGER: , w
PREPARED BY: David Hart, Community Service Supervisor
SUBJECT: Adopt an Ordinance Amending Chapter 5-1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property
RECOMMENDED ACTION( S): Adopt an ordinance of the City of Avalon amending Chapter 5-

1. 01 of Title 5 of the Avalon Municipal Code Relating to Advertising Matter and Posting on Public Property.

REPORT SUMMARY: This ordinance was introduced and all readings were waived during the September 20, 2020 regular City Council Meeting.

The City' stemporary banner permit policy was established by Ordinance Number 759 in 1984.

The ordinance allowed banners to be strung across the public rights -of -way for a period of no more than seven ( 7) days.

In 2009, this timeframe was extended to " no more than 42 days ( 6 weeks) preceding the event it is advertising, and shall be removed no more than three ( 3) days after the event it is advertising," by Ordinance Number 1085- 09.

City Staff recommend amending this portion of the ordinance again to read: "The sign shall be posted in one location for no more than 42 days ( six weeks). The permit shall contain a statement to this effect which must be signed by the applicant." Additionally, City Staff recommends establishing a maximum banner size of four ( 4) feet by twelve ( 12) feet.

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

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The temporary banner permit policy will remain as it is.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Ordinance.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF AVALON AMENDING TITLE
5, CHAPTER 5, ARTICLE 1. 01 OF THE AVALON MUNICIPAL

CODE, RELATING TO ADVERTISING MATTER AND POSTING

ON PUBLIC PROPERTY
WHEREAS, the promotion of events and happenings within the of City of Avalon is an important part of the Island' visitor -based economy; and WHEREAS, banners strung across the public rights -of -way are an effective means for promotion; and
WHEREAS, the City wishes to amend existing guidelines for banners strung across the public rights -of -way so as to limit the amount of time a banner may be hung in a specific location; and
WHEREAS, City Council desires to amend the Avalon Municipal Code to modify the temporary banner permit process.

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 1. 01 (b) is amended to read as:
b) The City Manager shall grant a permit for such posting within three days of receipt of an application therefor upon making the following findings and subject to the following conditions:
1) The sign will not interfere with the normal functioning of the public object on which it is proposed to be placed.
2) The sign will not interfere with or obstruct the view of any public or official sign or notice.
3) The sign will not interfere with any traffic control device. 4) The sign will not create a vehicular or pedestrian traffic hazard by obscuring visibility and line of sight, creating confusion, obstructing free movement of pedestrians or in any other manner.
5) The sign, except for banners strung across public rights -of -way, will not be posted on any tree, shrub or other living object.
6) The sign will not be posted in any residentially zoned area. 7) The sign, except for banners strung across public rights -of -way, shall not exceed two square feet in area and shall be of such design and construction as will not detach from the pole or structure under normal conditions.
8) Banners strung across the public rights -of -way shall be posted in one location for no more than 42 days ( six weeks). The permit shall contain a statement to this effect which must be signed by the applicant.
i. Banners shall not exceed four ( 4) feet by twelve ( 12) feet in size and shall be constructed and designed so as not to detach from structures under normal conditions. 9) The sign shall be posted in such manner and at such location or locations or as approved by the permit.
10) Banners strung across public rights -of -way shall only be erected by City forces and shall be restricted to the advertisement of nonpolitical community events. In the event that the City Manager declines to issue a sign permit, the applicant may, by filing a written appeal with the City Manager, appeal the decision to the City Council and such appeal shall be heard at the next following regularly scheduled City Council meeting.

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 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.
adoption.

Effective Date. This Ordinance shall become effective 30 days from the date of INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 20th day of September, 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 4th day of October, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM: 4,
ORIGINATING DEP: Administration CITY MANAGER: UK
PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Adopt an Ordinance Repealing and Replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code Regarding Noise RECOMMENDED ACTION( S): Adopt an ordinance repealing and replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code regarding noise.

REPORT SUMMARY: This ordinance was introduced and all further readings waived during the August 16, 2022 City Council Meeting.

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 City' s 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' sresponsible 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. Proposed Ordinance.

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:
65059. 00000140610458. 1
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.

I) 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 sources.

J) 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' sSpecification SI 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' sAcoustical 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 owner( s), 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\ 4610458. 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- 13.0.
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- 13.0.
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.
65059. 0000\ 40610458. 1
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.
iii. 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' sresponsible 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- 13.0, 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.
i ii . 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.
iii. 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/ orthe property' sresponsible party. 5- 13.0 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. 0000\ 40610458. 1
individual who claims to be adversely affected by the issuance of the variance may file a statement with the City Manager' sOffice containing any information to support his/er 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 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 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. 65059. 00000\ 4610458. 1
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 16th 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
650i9. 0000\ 40610458. 1

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: Aktk
PREPARED BY: David Maistros, City Manager
SUBJECT: Easement Agreement with the Catalina Island Company for Use of Pebbly Beach Road.

RECOMMENDED ACTION( S): Authorize the City Manager to execute an amendment and extension to the easement agreement with the Catalina Island Company for use of Pebbly Beach Road.

REPORT SUMMARY: The Catalina Island Company owns a segment of Pebbly Beach Road extending from Abalone Point to the stop sign and gate near Avalon Freight Services. The area includes the paved roadway, as well as the seaward and upland unpaved shoulders of the road.

To mitigate liability issues, the Catalina Island Company closed the roadway for a period of time between 2007 and 2013.

In 2013, the City of Avalon and Catalina Island Company entered into an easement agreement for use of Pebbly Beach Road. The agreement outlined a 10 year term, during which time, the roadway was to be made accessible for all golf carts, bikes, walkers, joggers, etc. as long as the City maintained responsibility for the maintenance of the road and maintained insurance indemnifying the Catalina Island Company and its affiliated companies.

The agreement expires on December 14, 2022.

If the City and Catalina Island Company do not renew the easement agreement, Pebbly Beach Road may be closed to pedestrian, bicycle and all non -hardtop vehicle traffic.

City Staff recommend the City Council authorizes the City Manager to negotiate an amendment to the agreement that establishes increases and clarifies the annual maintenance obligations outlined in of the current agreement.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City and Catalina Island Company do not renew the easement agreement, Pebbly Beach Road may be closed to pedestrian, bicycle and all non -hardtop vehicle traffic.

FOLLOW UP ACTION: Implement City Council direction.

FISCAL IMPACTS: Undetermined.

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

ATTACHMENTS: 2013 Easement Agreement.

NW
2 RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
John M. Anglin, Esq.

AFRTC, LLP
199 So. Los Robles Ave., #600
Pasadena, CA 91101
Telephone: 626- 535- 1900
SPACP. ABOVIs TITS LINE FOR RECORDER' SUSP.

DOCUMENTARY TRANSFER TAX $0.0
This is a
conveyance ofan easement and the consideration is less than $ 100. 00, R & T 11911.

EASEMENT AGREEMENT
Pebbly Beach Road)
This Easement Agreement (" Agreement") is made as of the 14th day of December, 2012 by and between the Santa Catalina Island Company, a Delaware corporation (" SCICo"), and the City of Avalon, a municipal corporation (" City"). SCICo and City arc collectively referred to as the " Parties" and individually as a " Party".

RECITALS:

A. SCICo is the owner of real property located in the County of Los Angeles, State of California generally described as a portion of Pebbly Beach Road, as shown on Exhibit A attached hereto and incorporated herein by reference, including the paved roadway, thc seaward and upland unpaved shoulders of Pebbly Beach Road, thc road bed and riprap the paved roadway, unpaved shoulders, road bed and riprap of said portion of Pebbly Beach Road ( herein collectively called the " Road").

B. By the tarns of that certain Amended and Restated Improvement and Dedication Agreement executed by City and SC1Co dated December 14, 2012 (" Dedication Agreerncnt"), SCICo has offered to dedicate, and City has accepted the dedication of, casements on, over and across the Easement Property as set forth herein.

C. This Agreement is entered into pursuant to the Dedication Agreement, the provisions of which are incorporated herein by this reference.

NOW, THEREFORE, in consideration of the Recitals and other good and valuable consideration, it is agreed as follows:

1. Grant of Easements. SC1Co hereby grants to City:
1 a) an easement for public street and highway purposes over and across the Road (" Road Easement"); and
b) an easement over, under and across the Road for the installation, maintenance, repair and replacement of public utility lines, pipes and other facilities and appurtenances ( collectively " facilities"), including sewer, water, electricity, natural gas, telephone and data transmission facilities (" Utility Easement"). All facilities shall be underground.

City shall not interfere with other existing easements in connection with its use of the Utility Easement. SCICo may require that the Utility Easement be restricted to a portion of the Road designated by SC1Co to avoid such interference.

The Road Easement and Utility Easement are sometimes collectively called the " Easements" below.

2. Nature of Easements. The Easements are in gross and are non- exclusive.

Nothing herein is intended as a grant or dedication of the fee interest in the Easement Property.

3. Use Restrictions. City shall have the right to restrict use of the Road by members of the public pursuant to Section 4-. 1408 of the Municipal Code. Such restrictions may include, without limitation, prohibition of the use of the Road by open vehicles, bicyclists or pedestrians, and closure of the Road because of inclement weather or other conditions. The foregoing notwithstanding, restrictions adopted by City shall not affect use under Section 4 below. City shall give SCICo written notice of the imposition of any restrictions or closure at least 48 hours in advance thereof except in cases of emergency in which case City shall give SCICo such notice as is reasonable under the circumstances.

4. Rights of Others. SCICo reserves the right to use, and to grant to third parties the right to use, the Easement Property for uses and purposes which will not materially interfere with the Easements. Absent an express written grant by SCICo of use rights to third parties, all use by members of the public shall be deemed to be use under the Easements to which Section 5 shall be applicable.

5. Indemnity.
a) Subject to Section 5(b) and up to the levels of insurance required by Section 6, City indemnifies and agrees to hold SCICo, its affiliated companies, and the officers, directors, stockholders, members, agents and employees of SCICo and its affiliated companies ( collectively the SCICo Parties") harmless from, all judgments, damages, liabilities, and costs of defense, including reasonable attorneys' fees Liabilities") arising from or in connection with City' s or the public' s use of the Road Easement or City' s use of Utility Easement, including without limitation Liabilities for wrongful death, personal injuries, and property damage suffered by City' s employees or members of the public. The term " affiliated companies" means all 2 entities controlling, controlled by or under common control with SCICo.
b) If and to the extent the limits of liability insurance ( including private sector commercial insurance and joint powers risk pool coverage) are exhausted:
i) SCICo indemnifies and agrees to hold City, its officers, officials, employees and agents harmless from all Liabilities arising from or in connection with ( i) City' s or the public' s use of the Road Easement, (ii) the City' s use of the Utility Easement, or ( iii) the use of the Easement Property by the SCICo Parties other than as members of the public or by others using the Easement Property under an express written grant from SCICo under Section 4 above, including without limitation Liabilities for wrongful death, personal injuries, and property damage, to the extent such Liabilities are attributable to the negligence or willful misconduct of SCICo or anyone for whose acts or omissions SCICo is vicariously responsible; and
ii) City indemnifies and agrees to hold the SCICo Parties harmless from all Liabilities arising from or in connection with the City' s or the public' s use of the Road Easement or the City' s use of the Utility Easement, including without limitation Liabilities for wrongful death, personal injury, and property damage, to the extent such Liabilities are attributable to the negligence or willful misconduct of City or anyone for whose acts or omissions City is vicariously responsible.
c) The foregoing indemnities shall survive termination of this Agreement and the Easements with respect to all occurrences prior to termination.

6. Insurance. City shall at its sole cost and expense procure and maintain in effect, without interruption, and whether or not available at a commercially reasonable cost, broad form commercial general liability insurance with limits of not less than $ 20 million per occurrence and $ 20 million aggregate, against liabilities arising from or in any manner related to the Road Easement or the Utility Easement, and from the public' s use of the Road Easement, until the applicable Easement shall have terminated. Separation of insured language shall not be modified. Contractual liability coverage shall be provided. Such insurance shall name SCICo, and its subsidiaries (" Affiliates") as additional insureds by endorsement on form CG2026 containing language stating that the coverage provided is primary and non- contributing with any insurance maintained by SCICo. Such endorsement shall be provided to SCICo within sixty ( 60) days after the date hererof. Such insurance shall have a deductible or self -insured retention amount not exceeding $ 25, 000. Such insurance policy or policies shall provide that not less than thirty ( 30) days' notice of cancellation or of any material change in such policy or policies shall be given to SC1Co. City shall also maintain such worker' s
compensation and employer' sliability insurance as is required by applicable law with respect to its use of the Easement Property. The Parties mutually waive the subrogation rights of their respective worker' s
compensation and employer' sliability
3 insurers. If such waiver requires the insurers' consent, the Parties shall provide such consent by endorsement or other satisfactory means. City shall provide to SCICo concurrently with the execution of this Agreement, and thereafter at least twenty ( 20) days prior to the expiration of any policy term, a certificate of insurance or duplicate originals of the policies, if requested by SCICo, and the required additional insured endorsement, evidencing the uninterrupted maintenance of the required coverages. If there is a lapse in the required
liability coverage by cancellation, expiration or otherwise, or City fails to provide the necessary evidence of uninterrupted coverage, SCICo shall have the right, in addition to all other rights and remedies, upon not less than twenty- four (24) hours written notice to City, to procure the required insurance and City shall reimburse SCICo promptly upon demand for the cost thereof (" SCICo insurance procurement right"). The required limits of the commercial general liability insurance can be satisfied by any combination of underlying, excess or umbrella coverage which follow form or provide coverage not more restrictive than the underlying coverage. The required commercial general liability insurance can be provided through private sector commercial insurance or through Public Agency Risk Sharing Authority of California ( PARSAC) or other California joint powers risk pools, or a combination thereof, provided that PARSAC shall use all reasonable efforts to maintain a confidence level of eighty- fivepercent ( 85%) or better and that other joint powers risk pools providing insurance use all reasonable efforts to maintain a confidence level of eighty percent 80%) or better, or by private sector insurers who maintain a Best' sInsurance Guide rating of A" or better and a Best' sfinancial size category of "VIII" or larger. If PARSAC or other joint powers risk pool is providing commercial general liability insurance under this Agreement and fails to maintain a confidence level of seventy percent ( 70%) or better at any time or a confidence level of eighty- five percent ( 80%) or better for three ( 3) or more consecutive coverage periods, SCICo may, by written notice to City (" replacement notice"), require that City replace its joint powers insurance which has failed to meet the forgoing confidence level requirements with either private sector commercial general liability insurance meeting the requirements of this Section 6 or with other joint powers risk pool liability insurance having a current confidence level of eighty percent ( 80%) or better and meeting the requirements of this Section 6, such replacement insurance to be in force and evidence thereof to be delivered to SCICo, within one hundred twenty ( 120) days after the end of the final coverage period of City' sthen existing insurance, taking into consideration the notice of cancellation provisions of such insurance which are not shortened by this Agreement. City shall give cancellation or non -renewal notice to the issuer of its insurance promptly upon receipt of the replacement notice but shall not be required to incur any monetary penalty to cancel insurance during the then existing coverage period unless SCICo agrees to reimburse City therefor. If the above insurance replacement requirements are violated by City, SCICo, in addition to all other rights and remedies, shall have the SCICo insurance procurement right set forth above. The City represents that as of the date of the Agreement, PARSAC maintains a confidence level of greater than eighty- five (85%) percent.

Coverage can be provided under blanket policies. If any aggregate limit is reduced because of losses paid to below seventy- fivepercent ( 75%) of the limits required by the Agreement, within ten ( 10) days of such occurrence City shall notify SCICo and provide additional insurance reasonably satisfactory to SCICo to restore the required limits to one hundred percent ( 100%) of the required minimum limits. In order to satisfy the commercial general liability insurance requirements set forth above, the liability memorandum of coverage issued by PARSAC or other joint powers risk pool shall provide coverage which in all material respects is at least equivalent to the coverage provided by the Liability Memorandum of Coverage for PARSAC dated April 14, 2011 which SCICo approves and of which SCICo 4 acknowledges receipt. Thereafter, if PARSAC or other joint powers risk pool is providing coverage, the evidence of insurance required by the foregoing provisions shall be in the form of the then applicable form of memorandum of coverage and shall include a written attachment naming SCICo and its Affiliates as additional covered parties and shall expressly state that the coverage provided is primary and not contributing with any insurance of SCICo.

7. Effective Date and Termination.
a) This Agreement and the Easements shall take effect upon the execution of this Agreement and shall remain in full force and effect until 5: 00 p. m. on December 14, 2022 whereupon this Agreement and the Easements shall terminate automatically, subject to subsections b) and ( c) unless renewed.
b) The Easements are subject to termination by SC1Co by written notice to City in the event City is in default of any of its obligations under this Agreement and City fails to cure such default within thirty ( 30) days after receipt of written notice of default from SCICo, provided, however, that if the cure of such default reasonably requires more than thirty ( 30) days, SCICo shall not have the right to terminate the Easements so long as City commences curing the default within said thirty ( 30) day period and thereafter diligently completes such cure. c) If SCICo' sliability insurance with respect to the Easement Property is cancelled or the insurer refuses to renew such coverage, and if SCICo is unable to obtain replacement coverage on terms reasonably satisfactory to SCICo at a commercially reasonable cost, SCICo shall have the right to terminate the Road Easement and to close the Road to the public.
d) City shall have the right to relinquish and thereby terminate both of the Easements upon not less than sixty ( 60) days prior written notice to SCICo.
e) Upon termination, the City shall promptly execute and deliver to SCICo a duly acknowledged termination of easement, in form reasonably satisfactory to SCICo, to evidence the termination of the Easement( s).

8. Use; Signage.
a) The use of the Road Easement shall be in accordance with City ordinances and other applicable laws, but no such City ordinance shall expand the City' srights or limit the City' sobligations under this Agreement.
b) SCICo and City shall have the right to maintain on, and at entrances to, the Easement Property such warning signs as they deem appropriate and shall cooperate reasonably with one another regarding the placement and content of such signage.
5 9. Maintenance: Alterations.
a) City shall provide, at least as frequently as weekly, street sweeping services for the Road Easement at City' s expense.
b) SC1Co shall provide at its expense, through a licensed contractor selected by SCICo who satisfies the insurance requirements set forth below, the first $37, 250 of maintenance and repair work on the Road per calendar year, prorated for the partial calendar years at the beginning and end of the term of the Road Easement, provided that City shall pay all Road maintenance and repair expense occasioned by the use of the Utility Easement. Such contractor shall have commercial general liability insurance, with products/ completed operations coverage, having limits of not less than $ 2 million per occurrence and aggregate, shall cause City and SCICo to be named as additional insureds ( by endorsement if requested by City or SCICo), and shall provide to City and SCICo upon request evidence that such insurance is in force.
c) SCICo and City shall share equally the cost of inspections and maintenance of the hillsides abutting the Easement Property in regards to conditions which could affect the Easement Property and other hillside property owned by SCICo abutting streets or roads owned by City in regards to conditions that could affect such streets or roads, up to a maximum of $20, 000 each per calendar year. Any work done pursuant to this section shall be performed by a licensed contractor and such contractor shall have commercial general liability insurance, with products/ completed operations coverage, having limits of not less than $ 2 million per occurrence and aggregate, shall cause City and SCICo to be named as additional insureds ( by endorsement if requested by City or SCICo), and shall provide to City and SCICo upon request evidence that such insurance is in force. d) Except as provided in subparagraphs ( a) -(c), inclusive, above, neither City nor SCICo shall have obligations to maintain or repair the Easement Property or hillside properties; provided that if repair of the Easement Property or SCICo' s hillside property abutting the Easement Property is required by any law, ordinance, regulation, judgment, or governmental order (" Applicable Laws"), SCICo and City shall each bear one- half of the repair costs in excess of the amounts required to be paid under subsection ( b) or (c) unless the parties agree to share the excess cost in a different proportion; provided further that if a party' s one- half share of the reasonably estimated excess costs required by Applicable Laws exceeds 150, 00 but repair work would not be required if the Road were closed to the public, then either party shall have the right to elect to close the Road to the public ( in which case the Road Easement shall terminate) unless the other party agrees to pay both its own one- half share of the excess costs and that portion of the other party' sone- half 6 share of the excess costs over $ 150, 00. Closure of the Road and termination of the Road Easement pursuant to this Section 9(d) shall not relieve City or SCICo of its obligation to pay the cost of any work required by Applicable Laws which is not avoided by closure of the Road.
e) No alterations shall be made by SCICo to the Easement Property which would adversely affect the Easements without City' s prior written consent not to be withheld unreasonably. No alterations shall be made by City to the Easement Property without SCICo' s prior
written consent not to be withheld unreasonably. City indemnifies and agrees to hold harmless SCICo and the Easement Property for work performed by City on the Easement Property. City shall cause any such recorded lien to be discharged by payment, bonding or otherwise within thirty ( 30) days after recording.
f) SC1Co and the City agree to cooperate in the development of a monitoring and reporting system to document any rockfall incidents or occurrences on the Easement Property, such reporting to be performed by City.
0 If there is a change in conditions which cannot be mitigated within the dollar limitation of Section 9(c), SCICo and the City agree to consider the development of rockfall mitigation plans to further mitigate any rockfall incidents or occurrences on the Easement Property, including the funding of such mutually approved and beneficial mitigation measures. Nothing in this paragraph obligates SCICo to financially participate in the additional work. No additional work shall be performed by the City without the advance written consent of SCICo, which consent shall not be unreasonably withheld, conditioned or delayed.

10. No Assignments. Without SCICo' s prior written consent, neither this Agreement nor the Easements can be assigned or otherwise transferred by the City, in whole or in part, directly or indirectly, by operation of law or otherwise, and any such purported assignment or transfer shall be void.

11. Covenants Running With the Land. This Agreement shall bind and, subject to Section 10, inure to the benefit of the parties hereto and their respective successors and assigns, and the covenants herein shall be deemed covenants running with the land.

12. Force Majeure. The parties shall be relieved of their obligations hereunder for so long as, and to the extent that, performance is prevented by fire, flood, earthquake, other act of God, war, act of terrorism, civil disturbance, labor strike or unrest, unavailability of materials or labor at a commercially reasonable cost, unavailability of governmental permits, or other event beyond a party' sreasonable control; provided that the foregoing shall not relieve a party of its financial obligations under this Agreement or relieve City of its obligation to provide the insurance required by Section 6. 7 13. Notices. Any notice which is required or permitted to be given under this Agreement shall be in writing and shall be delivered in person ( including delivery by commercial delivery service such as FedEx), to the addresses below or sent by registered or certified mail, postage prepaid, and addressed as set forth below.

If to SCICo:

Santa Catalina Island Company
Post Office Box 737
150 Metropole Avenue
Avalon, California 90704
Attention: Chief Executive Officer
If to City:

City ofAvalon
Post Office Box 707
410 Avalon Canyon Road
Avalon, California 90704
Attention: City Manager

14. Miscellaneous. This Agreement and the Dedication Agreement contain the entire agreement of the Parties hereto on the subjects addressed herein, all prior or contemporaneous agreements, letters of intent, understandings or representations, warranties, promises or understandings being merged herein. This Agreement can be amended only by a writing executed by both parties hereto, their successors and assigns. The parties agree to execute and deliver such other instruments and take such other actions as shall be reasonably necessary to carry out the provisions of this Agreement. Both Parties participated in the negotiation and drafting of this Agreement, and in the event of any ambiguity herein, such ambiguity shall be resolved in a reasonable fashion and without reference to any principle of construction requiring that ambiguities be construed strictly against the party who may have caused same to exist. If any action is brought to construe or enforce this Agreement or the Dedication Agreement, the prevailing Party shall be entitled to recover its costs of suit including reasonable attorneys' fees. In the event a court of competent jurisdiction determines that any provision of this Agreement is unenforceable as illegal or contrary to public policy, it shall be automatically amended to the extent necessary to render it enforceable provided that can be done without frustrating the intent of the parties as expressed herein, but otherwise shall be severed from the remaining provisions which shall remain in effect. Termination of this Agreement shall not relieve either Party of any obligation or liability incurred or accrued prior to termination. There are no third party beneficiaries of this Agreement.

SIGNATURE ON NEXT PAGE]
8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Santa tina Island Company
by: iL ,
title:
by:
title:

City of Avalon
by:

Attest:
obert yor
9 STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
On Dee » . 2D1 2014 before me, 1t- ct Yf
it' JAL', Notary
Public, ersona ly appeared T- tavuLL It L. 4. 1. 0- V4' `> ' z t vbr toul Ct u d --- 1c3 0r_ V, o.. ti, \ c, ri..!. 3 who proved to the on the basis of Satisfactory evidence to be the person( s) whose name( s) Ware subscribed to the within instrument and acknowledged to me that lle/ yl( e/ they executed the same in 1ts/ Ja* r/their authorized capacity( ies), and that by 114s/4r/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. 1 certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

NANCY
Commission # 1863568
Notary Public - California
Los Angeles County
My Comm. Expires Sep 30, 2013
w J.

J. DELEHANT
t

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
Notary Public • C5'
On , before me, , Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
10 Exhibit A
Pebbly Beach Road and Utility Easement
11 CITY OF AVALON CITY COUNCIL
MEETING DATE: October 4, 2022 AGENDA ITEM:

ORIGINATING DEPT: Administration CITY MANAGER: ,(.(.? l PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Appointments to Fill Two Planning Commission Vacancies RECOMMENDED ACTION( S): Discuss applications received, consider the recommendation of Mayor Ann H. Marshall, and make an appointment for individual( s) to serve as a Planning Commissioner and/ or an Alternate Planning Commissioner.

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

Per the Avalon Municipal Code Section 9-1. 01: "Only those persons who are physically present in the City of Avalon or within two ( 2) miles of the City limits at least nine ( 9) months of each calendar year (excluding special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee' semployment, military service, and similar situations). The members shall be appointed by the Mayor with the approval of the Council. The tenure of any member of the Planning Commission shall be terminable at any time by the Mayor upon the affirmative vote of a majority of the entire Council." Due to a resignation, there is currently one vacancy on the Planning Commission. This vacancy is for an approximate 3. 75 year term — expiring June 30, 2026.

Members of the City Council have indicated they may be interested in filling the vacant Alternate Planning Commissioner position. An Alternate Planning Commissioner serves a two year term.

The City published a notice regarding recruitment for two positions on the Planning Commission Planning Commissioner and Alternate Planning Commissioner — in the September 9, September 16 and September 23 issues of the Islander. The published deadline for applications was Tuesday, September 27 at 4 p. m.

No applications were received by the stated deadline; however, two applications were received on September 28, 2022.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Planning Commission will have vacancies and may not have a quorum to conduct business.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Armida Ruth Planning Commissioner Application and Jessica Romero Planning Commissioner Application.
received
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CITY OF AVALON
Commission/ Committee Application Form
If you are interested in serving on one of the various commissions or committees, please complete the attached application and supplemental questionnaire and return it to the City of Avalon, 410 Avalon Canyon Road, Post Office Box 707, Avalon, CA 90704. This application is also available on the City' swebsite www. cityofavalon. com.

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

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

Please print iffilling by hand:

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WHAT ADDITIONAL INFORMATION WOULD YOU LIKE US TO KNOW TO BETTER ASSESS YOUR SUITABILITY FOR THIS APPOINTMENT?
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REFERENCES: (Provide Name and Phone Number)

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CITY OF AVALON
Commission/ Committee Application Form
Ifyou are interested in serving on one of the various commissions or committees, please complete the attached application and supplemental questionnaire and return it to the City ofAvalon, 410 Avalon Canyon Road, Post Office Box 707, Avalon, CA 90704. This application is also available on the City' s website www. cityofavalon. com.

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

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

Please print if filling by hand:

COMMISSION/ COIVIMI' ILEE FOR WHICH YOU ARE APPLYING:

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TELEPHONE: \ ' NOO 7) 2- 1 - i 100
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WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? yils
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WHAT ADDITIONAL INFORMATION WOULD YOU LIKE US TO KNOW TO BE' 1" IR ASSESS YOUR SUITABILITY FOR THIS APPOINTMENT?
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SIGNATURE' --
F , DATE: , 2

Avalon City CouncilOctober 4, 2022

Avalon City Council
October 4, 2022