Agenda — Avalon City Council, October 18, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 18, 2022— 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AS 361
AGENDA
In compliance with the Americans with Disablity Act, if you need special assistance to participate in this meeting. please contact the City Clerks Office (310) 510-0220. Notification 48 hours prior to the meeting wifl 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 tern on this agenda are available for the public rnspection at the time the records are distributed to all, or a majority of all! members of the City Council Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA). and the declared state of emergency wherein social distancing measures have been imposed or recommended! the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to
a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time! No one will be
admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-’19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon.com.

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: w’ww!cityofavalon.com/meetinqs *Streaming on Facebook Live: www.facebook!com/CityOfAvalonOfficial Streaming on YouTube: https:Ilwww.youtube.comlCityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://uso6web.zoom.us/i/822941 1 6320?pwd=VER6bGtGanBWvVDNwQTVKNVBZemS3UTO9 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/i/822941 16320?pwd=VER6bGtGan8DNwQTVKNVBZem83UT09, even when submitting this request you will need to use the “raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wish to provide comments!
1) Join Zoom Meeting via the internet:

U RL: https://uso6web.zoom .us/i1822941 1 6320?pwd=VER6bGtGanBWWDNwQTVKNVBZem83UTQ9 Meeting ID: 822 9411 6320

CITY COUNCIL AGENDA
OCTOBER 18, 2022
PAGE 2
During the meeting you will need to use the raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration. 2) Join Zoom Meeting via Phone Conference (Voice Only):

Phone Number: (669)444-9171.

Meeting ID: 822 9411 6320
When you would like to comment during the meeting enter *9 on the phone’s key pad to activate the “raise hand” button at the time the Agenda Item is being presented for City Council consideration.

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

CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS I MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.PRESENTATION — SCE 5 minutes.

CONSENT CALENDAR

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

Recommended Action
Approve minutes from the October 4, 2022 regular City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $411,054.88.
o One payroll in the amount of $227,610.62.
o Four electronic fund transfers totaling $154,178.45.

CITY COUNCIL AGENDA
OCTOBER 18, 2022
PAGE 3
Recommended Action
Approve total expenditures for September 26, 2022 through October 7, 2022 totaling S792 843 95.

3. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Pursuant to the Political Reform Act, the City is to: 1) Conduct a review of the City’s Conflict of Interest Code to determine if a change in the Code was necessary: 2) file
a
biennial notice regarding the results of the review no later than the required deadline; and 3) amend the City’s Code pursuant to the Act, if necessary.

Recommended Action
Adopt
a resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

4. Long Beach Unified School District (LBUSD) Master Facility Use Agreement Due to the lack of recreational resources, the City and LBUSD have developed a Master
Facility Use Agreement to combine facility resources to benefit our community. This agreement allows the City to utilize Avalon Schools’ gymnasium, baseball field, auditorium, and class spaces in exchange for the utilization of City facilities such as JoeMachado Field, public parks, Tremont Hall, and available meeting spaces at City Hall. Recommended Action Authorize the City Manager to execute
a Master Facility Use Agreement with LBUSD and
Avalon Schools.

PUBLIC HEARING

5. Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Request for an
Oversized Commercial Autoette
John Jackson, on behalf of Eagle Electric, submitted an application for a commercial
autoette permit. The application also indicated Eagle Electric/Jackson was seeking an oversized vehicle. The application was considered by the Vehicle Hearing Officer on August 19, 2022. As there is no designation for an “oversized” commercial autoette within the Avalon Municipal Code! the Vehicle Hearing Officer formally denied the request on August 24, 2022.

Recommended Action

1. Open the Public Hearing. 2. Receive Public Comment, 3. Close the Public Hearing. 4.

Consider applicant’s appeal and determine to either a.) Uphold the decision of the Vehicle Hearing Officer; b.) Overturn the decision of the Vehicle Hearing Officer; or c.) Modify the decision of the Vehicle Hearing Officer.

CITY COUNCIL AGENDA
OCTOBER 18, 2022
PAGE 4

GENERAL BUSINESS

6. Consideration of Transportation Permit — Daniel Mello. dba Catalina Island Golf Cart Tours
On August 16, 2022 Daniel Mello, dba Catalina Island Golf Cart Tours, submitted a Transportation Permit application to the City of Avalon to perform guided autoette tours.

The proposed route includes areas from the downtown area to Three Palms, Chimes Tower Road, and Botanical Gardens.

Recommended Action
Discuss and provide direction to Staff. If consensus to approve is reached make the affirmative finding that the criteria set forth in Avalon Municipal Code Section 5-14.04 has been meet.

CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, October 18, 2022 was posted on Thursday, October 13, 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 18, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: D{&{J
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the October4, 2022 regular City Council Meeting.

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

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

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

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

ATTACHMENTS:
1) October 4, 2022 Regular City Council Minutes.

AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 4, 2022
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

MINUTES
Due to health recommendations from the Center for Disease Control and State ofCalifornia Division of Occupational Safety and Health (Cal/OSHA), and the declaredstate of emergency wherein social distancing measures have been imposed or recommended the CITY OF AVALON’S CITY COUNCIL and PLANNINGCOMMISSION 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 theCouncil 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 inOral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon.com.CALL TO ORDER-5:00 p.m.

ROLL CALL- Present via Teleconference and In-Person: Councilmembers Lisa Lavelle,Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart.

Absent: Mayor Anni Marshall.

WRITTEN COMMUNICATIONS-One Written Correspondence was received for Item #8 Appointments to Fill Two Planning Commission Vacancies.

PRESENTATION — Avalon Environmental Services (CR&R) provided an overview ofimplementation of SB 1383.

CONSENT CALENDAR-There were 6 Items on the Consent Calendar. Motion toapprove Items #146 made by Lisa Lavelle seconded by Yesenia De La Rosa. (4-Ayes, 1 Absent-Marshall)

1. Minutes
Approved minutes from the September 13, 2022 Special City Council Meeting and September 20, 2022 regular City Council Meeting.

CITY COUNCIL MINUTES
OCTOBER 4, 2022
PAGE 2

2. Warrants
Approved warrants in the amount of $906,474.49, one payroll in the amount of $231,054.87, one electronic fund transfer totaling $2,427.49 for a total expenditure of $1,139,956.85 for September 12, 2022 through September 23,2022.

3. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361Determined that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID 19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.

4. Gann Appropriations Limit
Adopted Resolution No. 22-51 of the City Council of the City of Avalon establishing an Appropriations Limit for Fiscal Year 2022/2023 pursuant to Article XIII B of the California Constitution.

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 Adopted Ordinance No. 1208-22 of the City Council of the City of AvalonAmending Title 5, Chapter 5, Article 1.01 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
Adopted Ordinance No. 1209-22 of the City Council of the City of Avalon Repealing and Replacing Title 5, Chapter 5, Article 13 of the Avalon Municipal Code regarding noise.

GENERAL BUSINESS7. Easement Agreement with the Catalina Island Company for Use of Pebbly Beach Road.

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

Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (4-Ayes, 1 Absent-Marshall)

CITY COUNCIL MINUTES
OCTOBER 4, 2022
PAGE 3

8. Appointments to Fill Two Planning Commission Vacancies City Council appointed Jessica Romero to serve as a Planning Commissioner for a 3.75 year term (expiring June 30, 3026) and Armida Ruth as an Alternate Planning Commissioner for a 2 year term (expiring June 30, 2024).

Mayor Marshall adjourned the meeting at 6:11 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of theRegular City Council Meeting on October 4, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.
1:> ;jt
Gabrielle Morones, Deputy City Clerk I Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022 AGENDA ITEM: ‘2.

ORIGINATING DEP: Finance CITY MANAGER: _______ PREPARED BY: Matthew Baker, Finance DirectorSUBJECT: Warrants RECOMMENDED ACTION(S): Approve the total expenditures for September 26, 2022 through October 7, 2022 totaling $792,843.95.

REPORT SUMMARY: These disbursements through October 7th are comprised of warrants totaling $411,054.88, one payroll totaling $227,610.62, and other electronic fund transferstotaling $154,178.45.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34975-35030 $ 411,054.88 09/30/22 PAYROLL 227,610.62 10/07/22EFT
-CALPERS MEDICAL 74,867.47 10/04/22
EFT -CALPERS RETIREMENT 37,820.03 09/27/22EFT -CALPERS RETIREMENT 38,160.45 10/04/22EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 3,330.50 10/07/22 TOTAL DISBURSEMENTS $ 792,843.95
GOAL ALIGNMENT: Ongoing meeting of City obligations.

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

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

CITY OF AVALON
SEPTEMBER 26, 2022- OCTOBER 72022 DISBURSEMENTS
October 18, 2022

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34975-35030 $ 411054.88 09/30/22 PAYROLL 227,610.62 10/07/22EFT -CALPERS MEDICAL 74,867.47 10/04/22EFT -CALPERS RETIREMENT 37,820.03 09/27/22EFT - CALPERS RETIREMENT 38,160.45 10/04/22EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 3,330.50 10/07/22 TOTAL DISBURSEMENTS $ 792,84395

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFYTHAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.

APPROVED AND AUDITED THIS
18TH DAY OF OCTOBER 2022 I CERTIFY UNDER PENALTY OF PERJURY THATTHE FOREGOING IS TRUE ANDCORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 18TH DAY OF OCTOBER 2022AUDIT COMMITTEE -MARY SCHICKLING FINANCE DIRECTOR- MATFHEW BAKER

CITY OF AVALON
SEPTEMBER 12, 2022- OCTOBER 7,2022 DISBURSEMENTS
October 18, 2022
AAA OIL, INCAMAZON CAPITAL SERVICES, INC.ASAP DRUG SOLUTIONS, INC.AVALON FREIGHT SERVICES, LLC

BEYOND SOFTWARE SOLUTIONSBLUE SHIELD OF CALIFORNIA
CATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCA1ALINA CHAMBER OF COMMERCE

CATALINA COASTAL TOURS & FISHINGCATALINA EXPRESS
JACKSON, ;OHN HENRY

CATALINA ISLAND COMPANYCATALINA ISLAND JANITORIAL

CATALINA ISLAND MEDICAL CENTERCATALINA PEST CONTROL
DANGELO CODAPEER, ROSENBL’T & LITVAK,LLPDELTA DENTALDEWEY PEST CONTROL DION & SONS MARINE FUELS INCECS IMAGING, INC.PENGUIN MANAGEMENT INC.FIDELITY SECURITY LIFE INSURANCEFERTIG, BRUCE

GALLS, LLCGARCIA, BETTY JOGRAINGER

JORDAHL CONSTRUCTION
LINDE GAS & EQUIPMENT INC.

MANAGED HEALTH NETWORKMASAMATTHEWS INTERNATIONAL CORPORATIONMCMASTER-CARRMOFFATF & NICIHOL

MONTROSE ENVIRONMENTAL SOLUTIONS

NAPA AUTO PARTS
POLYDYNE, INC.

QUADIENT LEASING USA, INC.QUEZADA, MATTHEW
QUILL CORPRICOH AMERICAS CORPRICOH USA, INC.ROSENOW SPEVACEK GROUP, INC SAND TRAPWADE, JUANITASIRIA’S CLEANING SERVICE

STANDARD INSURANCE COMPANY

DESCRIPTION

FUEL - ALL DEPARTMENS

SUPPLIES - ALL DEPARTMENTS

EMPLOYEE SCREENING

FREIGHT - ALL DEPARTMENTS

CONTRACT SERVICES - IT

REFUND - AMBULANCE FEES

SUPPLIES - ALL DEPARTMENTS

INTERNET- ALL DEPARTMENTS
TOT- 10/2022
CONTRACT SERVICES - 10/2022
1ST HALF 09/2022, TRAVEL - ADMINISTRATION
SERVICE - PUBLIC WORKSSENIOR MEALS-08/2022

SERVICE - ADMINISTRATIONEMPLOYEE SCREENING

SERVICE - HARBORSUPPLIES - PUBLIC WORKSSERVICE - VEHICLES DENTAL - 09/2022

SERVICE - ALL DEPARTMENTS

FUEL - HARBOR

SERVICE- ITSUPPLIES - FIRE
VISION -09/2022

REFUND -PLANNING FEE
UNIFORMS - FIRERETIREE INSURANCES 10/2022

SUPPLIES - PUBLIC WORKS

HHW DISPOSAL

SUPPLIES - HARBORSERVICE - ADMINISTRATION
DUES - 10/2022

SUPPLIES - CEMETERYSUPPLIES - HARBORSERVICE - PLANNING
MAINTENANCE/CONTRACT SVCS - 06-08/2022

SUPPLIES - GARAGESUPPLIES - WWTP

POSTAGE METER LEASEREFUND - AMBULANCE FEES

SUPPLIES - ALL DEPARTMENTS

COPIER LEASE - PLANNING

COPIER LEASE -PLANNINGSERVICE - HOUSING & SUCCESSOR AGENCIES SENIOR MEALS -07-08/2022

SERVICE - HARBOR
2ND HALF 09/2022

VOID - MULTI STUB CHECK

AMOUNT NAME
CHECK
NUMBER
3497534976
349773497834979349R034981
3498234983349843498534986
34987
34988
3498934990
3499134992349933499434995
34996
3499734998
34999350003500135002
350033500435005
3500635007350083500935010
3501135012
3 SO 133 SO 1435015
35016350173501835019
350203502135022
DATE
ISSUED
09/30/2 02 209/30/202209/30/202209/30/202 2
09/30/202209/30/2022
09/30/2022
09/30/202209/30/202209/30/202 209/30/202 209/30/2 02 2
09/30/2 02 2
09/30/2 02 209/30/202209/30/202209/30/202209/30/2022
09/30/202209/30/2 02 2
09/ 30/2 0 2 2
09/30/202209/3 0/20 2 209/3 0/20 2 209/30/202209/3 0/202 2 09/30/202209/30/202209/30/202209/ 30/202 2
09/30/202209/30/202209/30/2022
09/30/2 02 209/30/2 02 209/30/202 209/30/202 209/30/202 2 09/30/2 02 209/30/202 2
09/30/2 022
09/30/2022
09/30/202209/30/2 02 209/30/202209/30/20 2209/30/202 2
09/30/202 2
5,094.074,444-94
89 1.00202.18
3,506.502328.00
5,678.062,053.70
10-,. 500.00
24,083.33
19,795.80
450.00
462.00
112.50
6-9 9. 26337.00592.83
2,769.906,612.94
818.00
894.99
9,350.00
1,525.001,021.76
438.00
1,558,2 9
7 74. 19
1,732.94
157.50
5,489.33
286.00918.50
3,176.36
19 1,13
80,00
156,949.98
506.60
7,213.54
121.53
400.00
1,734.13
908.91423.48
1,615.00
816.00397.90
9,357.91

Page 1 of 2 ends

$ 411,054.88

CITY OF AVALON
SEPTEMBER 12, 2022- OCTOBER 7,2022 DISBURSEMENTS
October 18, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
35023 09/30/2022 2,411.78 STANDARD INSURANCE COMPANY LIFE INSURANCE - 09/202235024 09/30/2022 3,554.38 SUPERION, LLC SOFTWARE LEASE - FINANCE35025 09/30/2022 343.10 THOMPSON, DEVIN REIMB 0/P COSTS35026 09/30/2022 2,099.00 TILLEY CRANE INSPECTION SERVICE SERVICE - SERVICE - GARAGE 35027 09/30/2022 5,000.00 TOWNSEND PUBLIC AEFAIRS, INC SERVICE - ADMINISTRATION35028 09/30/2022 CORPORATE PAYMENT SYSTEMS VOID - MULTI STUB CHECK35029 09/30/2022 2,349.89 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL35030 09/30/2022 1,825.75 VERIZON WIRELESS COMMUNICATIONS - ALL DEPARTMENTS

Page 2 of 2 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 30, 2022
October 18, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTMAISTROS 9/12/2022 14990 ZOOM COMMUNICATIONS ADMINISTRATIONMAISTROS 9/12/2022 25448 COURTYARD BY MARRIOTT LODGING ADMINISTRATION HART 9/2/2022 20.00 CATALINA ISLAND CHAMBER CHAMBER MIXER ADMINISTRATIONHART 9/12/2022 508.96 COURTYARD BY MARRIOTT LODGING ADMINISTRATIONRADDE 9/2/2022 82.96 CYBERLYNK NETWORK IT SERVICE ADMINISTRATIONRADDE 9/5/2022 26.16 VAST CONFERENCE COMMUNICATIONS ADMINISTRATION SCHMIDT 9/12/2022 13.16 CHET’S HARDWARE STORM SUPPLIES HARBORCAMPBELL 7/t8/2C22 104.00 SENDHUB COMMUNICATIONS HUMAN RESOURCES CAMPBELL 7/22/2022 87.99 AMAZON.COM OFFICE SUPPLIES HUMAN RESOURCESCAMPBELL 7/22/2022 69.20 AMAZON.COM OFFICE SUPPLIES HUMAN RESOURCESCAMPBELL 8/12/2022 43.21 CIRKUL, INC. OFFICE SUPPLIES HUMAN RESOURCESCAMPBELL 8/18/2022 10L.O0 SENDHJB COMMUNICATIONS HUMAN RESOURCES HART 8/19/2022 16.49 CHET’S HARDWARE PARK MAINThNA\CE RECREATIONHART 8/19/2022 14.29 CHET’S HARDWARE DAY CAMP SUPPLIES RECREATIONHART 8/22/2022 ICC.50 VONS PRIME TIMERS SUPPLIES RECREATION HART 8/24/2022 19.79 CHET’S HARDWARE MAINTENANCE RECREATIONHART 8/24/2022 83.70 TOYON GRILL MEEThNG SUPPLIES RECREATIONHART 8/25/2022 7.68 CHETS HARDWARE MAINTENANCE SUPPLIES RECREATION -‘ART 8/25/2022 329.33 CHETS HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 8/25/2022 12.86 CHETS HARDWARE MAINTE!\ANCE SUPPLIES RECREATION HART 8/26/2022 119.40 CANVA OFFICE SUPPLIES RECREATIONHART 8/26/2022 33.22 VONS PRIME TIMERS SUPPLIES RECREATIONHART 8/26/2022 100.00 EIOTCLUB ADMIRALTY COMMUNICATIONS RECREATIONHART 9/5/2022 16.14 CHET’S HARDWARE FACILITY MAINTENANCE RECREATION HART 9/5/2022 22.58 VONS SUPPLIES RECREATIONHART 9/15/2022 9.89 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATION $ 2,349.89 CHECK 35029

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022 AGENDA ITEM: ________ ORIGINATING DEP: Administration CITY MANAGER: _______ FROM: Gabrielle Morones, Deputy City Clerk SUBJECT: Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
RECOMMENDATION: Adopt a resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

REPORT SUMMARY: The Political Reform Act of 1974, Government Code Section 81000 etseq. (the Act). requires all public agencies to adopt and maintain a Conflict of Interest Code.

The Act further requires that agencies regularly review and update their Codes as necessary when directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the City’s code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are necessary to include new positions that must be designated. Such amendments are required to be approved by the City Council as the City’scode-reviewing body.

Pursuant to the Political Reform Act (the Act”), the City Council directed staff to: (1) conduct a review of the City’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline, and (3) amend the City’s Code pursuant to the Act, if necessary.

During the review process, staff found that amendments to the City’s Conflict of Interest Code are necessary includes new positions that must be designated. A redlined version of the proposed amended Code is attached.

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.

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.
6505900000\407505 18.1
ATTACHMENTS:

1. Resolution.

2. Redline Conflict of Interest Code.

3. Final Conflict of Interest Code.

4. California State Regulation 18730 Provisions of Conflict Interest Code 6509000.1751)58 I
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

AVALON, CALIFORNIA, APPROVING AND ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE PURSUANT
TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974. Governnwnt Code Section 81000. et seq. (the ‘Act”), which contains provisions relating to conflicts of interest which potentially affect all officers. employees and consultants of the City of Avalon (the “City”). and which requires all public agencies to adopt and promulgate a conflict ol’ interest code: and WHEREAS. the City Council adopted a Conflict of lntcrest Code (the ‘Code”) which was amended on October 20. 2020. in compliance with the Act: and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s (‘ode:and WHEREAS. a public meeting was held upon the proposed amended Code at a regular meeting of the C’ity Council on October IX. 2022. al which all present were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF AVALON THAT:

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code. a copy of which is attached hereto and shall be on file with the (‘ity Clerk and available to the public for inspection and cop1ng during regular business hours:

Section 2. The said amended Conflici of Interest Code shall become effective immediately upon adoption and approval.

Section 3 All previous conflict of interest codes shall he rescinded upon the effcctive date of said amended code as approved h’ the City Council. 65059.00000\407508S 1.1
PASSED, APPROVED, and ADOPTED BY the City Council of the City of Avalon.

Avalon. California, this 18(11 day of October. 2022. by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Ann 11. Marshall. Mayor
All EST:

Gabricile Morones. Deputy City C’erk
7 6505900000\4075088 1.1

LAW OFRCES OF

BEST BEST & KRIEGER LLP

LEGISLATIVE VERSION
(SHOWS CHANGES MADE)

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
/38K — -2-02-0 October 2022
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LAW 0FF1CS OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 16, 2018 October 18. 2022)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in anagency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore,the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Avalon (the “City’).

The Mayor. Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file theirstatements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code Section 81008)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training.These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) BBK .ep&i:/r 20L’O ()cfobe,’ 2(122
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LAW OFFiCES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 16, 2018 Octoberi8 2022)’
EXHIBIT “A”
The Mayor, Members of the City Councu and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage publicinvestments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City’s Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments2. These positions are listed here for informational purposes only.

Finance Director
Financial Consultants
1 Updated Septe ber-202 -to-ce se-ac4-4elete—tit1es: clan!.y-rqurem.ent or dicc1osuIe-of-fnterests-in ceal-pcepe4y October 2022 to includes new positions that must be desqnate& 2 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200.

App. 2
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LAW OFFiCES OF

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DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Administrative Analyst 1
HR Analyst (ALL) 5
Administrative Assistant (Sr.) 4
Assistant/Associate/Senior Planner 2, 3. 5, 6
Assistant City Manager 1, 2Assistant Finance Director 5 Assistant Harbormaster 5
Building Official/Public Works Inspector 2, 3, 5, 6
Capital Improvement Projects Manager 1. 2Chief Administrative Officer/City Clerk 1,2 Community Services Director 1
Communrty Services 5Community Services Supervisor 5
Consulting Engineer 2, 3, 5
Deputy City Clerk/Senior Administrative Assistant 4Fire Chief 5 Harbormaster 5, 6Human Resources Director 5
Lead Equipment Mechanic 5Maintenance Lead Worker 2, 3, 5 Maintenance Superintendent 2. 3. 5Management Analyst 4, 7 Planning Director 1 2Public Works Director 2, 3. 5
App. 3
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LW omcEs or

BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES’ OISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Vehicle Clerk/Admin. Assistant 5
Vehicle Hearing Officer 1, 2
Wastewater Treatment Plant Manager 2, 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Hospital Board of Trustees 1, 2
Consultant and New Positions3
Individuals serving as a consultant as defined in FPPC Reg. 187003(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The General Manager may determine that, due to the range of duties or contractual obligations, it ismore appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec.82019; FPPC Regulations 18219 and 18734.). The General Managers determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of InterestCode. (Gov. Code Sec. 81008.) App. 4
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LAW oFFiCES OF

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EXHIBIT “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he-er—-she the designated is assigned.3 “Investment” means financial interest in any business entity (includinga consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions and sources of income, including gifts, loans and travel payments, that are located in. do business in or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 5: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s department, unit or division.

Category 6: All investments and business positions and sources of income, including gifts. loans and travel payments, subject to the regulatory, permit, or licensing authority of the Designated Employee’s department, unit or division.

LAW UIFFICCS DE

SEST BEST &

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
65059.00000\40750280.3
BilK — (kiohe, 2022

LAW OFFICES OF

BEST BEST &

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 18, 2022)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the FairPolitical Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Avalon (the ‘City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials anddesignated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the originalstatements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. CodeSection 81008) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235(AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training.These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) BBK- October 2022
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LAW DrFICES DR

BEST BEST &

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF AVALON
(Amended October 18, 2022)1
EXHIBIT “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3. are NOT subject to the City’s Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)]

Finance Director
Financial Consultants
1 Updated October 2022 to include new positions that must be designated. 2 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200.

App. 2
BBK- (.hIoher 2022 65059. 00(100.40 7 502 80 .3
LAW urriccs DF

BEST SEST &

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Administrative Analyst 1
Administrative Assistant (Sr.) 4
Assistant City Manager 1, 2
Assistant Finance Director 5
Assistant Harbormaster 5
Assistant/Associate/Senior Planner 2, 3, 5, 6
Building Official/Public Works Inspector 2, 3, 5, 6
Capital Improvement Projects Manager 1, 2
Chief Administrative Officer/City Clerk 1,2
Community Services Director 1
Community Services Manager 5
Community Services Supervisor 5
Consulting Engineer 2, 3, 5
Deputy City Clerk/Senior Administrative Assistant 4
Fire Chief 5
Harbormaster 5, 6
HR Analyst (ALL) 5
Human Resources Director 5
Lead Equipment Mechanic 5
Maintenance Lead Worker 2, 3, 5
Maintenance Superintendent 2, 3, 5
Management Analyst 4, 7
Planning Director 1, 2
Public Works Director 2. 3, 5
App. 3
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LAW OFFiCES OF

BEST BEST &
DESIGNATED EMPLOYEES’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Vehicle Clerk/Admin. Assistant 5
Vehicle Hearing Officer 1, 2
Wastewater Treatment Plant Manager 2, 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Hospital Board of Trustees 1: 2
Consultant and New Positions3
Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The General Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Coy. Code Sec. 82019: FPPC Regulations 18219 and 18734.). The General Manager’s determination is a public record and shaH be retained for public inspection in the same manner and lccation as this Conflict of Interest CodeS (Coy. Code Sec. 81008.)
App. 4
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BEST BEST &
EXHIBIT “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous twoyears in the jurisdiction of the City.

Category 1: All investments and business positions and sources of income, including gifts, loans and travel payments, that are located in, do business in or own real property within the jurisdiction of the City.

Category 4: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City Category 5: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s department, unit or division.

Category 6: All investments and business positions and sources of income, including gifts. loans and travel payments. subject to the regulatory. permit, or licensing authority of the Designated Employee’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through theDistrict or its subdivisions. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. 187301) App. B-I
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1 Amend 2 Cal. Code Regs.. Section 18730 to read:
2 § 18730. Proisions of Conflict of Interest Codes.3 (a) Incorporation liv reference of the terms of this regulation along with the designation 4 ol empIo ees and the formulation of disclosure categories in the Appendix referred to belox 5 constitute the adoption and promulgation of a confi ct of interest code within the meaning of 6 Section 87300 or the amendment ofa conflict of interest code within the meaning of Section7 87306 if the terms of this regulation are substituted for terms of a conflict of interest code 8 already in effect, A code so amended or adopted and promulgated requires the reporting of 9 reportable items in a manner substantially eclui\aleflt to the requirements of article 2 of chapter 7 10 of the Political Relhrm Act. Sections 8 I 000. et seq. Ihe reqLlirernents of a conflict of interest 11 code are in addition to other requirements of the Political Relbrm Act, such as the general 12 prohibition against conflicts of interest contained in Section 87 I 00. and to oilier stale or local 13 laws pertaining 10 conflicts of interest.14 (b) The terms ofa conflict of interest code amended or adopted and proniu Igated purswtnt 15 to this regulation are as follows:
16 (I) Section I . Definitions.17 fhe definitions contained in the Political Reform Act of 1974. regulations of the Fair Political 18 Practices Commission (Regulations I 8 I 10. cl seq.). and any amendments to the Act or 9 reuulations. are incorporated by reference into this conflict of interest code. 20 (2) Section 2. Designated Fmplo ees.
21 The persons holding positions listed in the Appendix are designated employees. It has 22 been determined that these persons make or participate in the making of decisions which maN 23 foreseeahl have a material effect on economic interests. 2/22/21 Amend 18730
1 (3) Section 3. Disclosure Categories.
2 This code does not establish any disclosure obligation Ibr those designated employees 3 who are also specified in Section 87200 i ithey are designated in this code in thai same capacity 4 or ifthe geographical urisdietion of this agency is the same as or is wholly included within the 5 jurisdiction iii hicli those persons iii ust report their economic interests pursuant to article 2 of 6 chapter 7 of the Political Reform Act. Sections 87200. ci seq. 7 In addition. this code does not establish an disclosure obligation for any designated eiiiplovees 8 ho are designated in a conflict of interest code or another aucncy. if all of the IN lo ing apply 9 (A) The geographical jurisdiction ot this agency is the same as or is n holl included 10 within the jurisdiction of the other agency:
11 (B) The disclosure assigned in the code of the other agency is the same as that required 12 under article 2 of chapter 7 of the Pot itical Refbrm Act. Section 87200: and 13 (C) The tiling officer is the same lbr both agencies. F 14 Such persons are covered by this code tor disqtialilication purposes ouR. \\ ith respect to 15 all other designated employees, the disclosure categories set forth in the Appendix speeiR which 16 kinds of economic interests are reporiable. Such a designated employee shall disclose in his or 17 hec the employee’s statement ofeconom ic interests those economic interests he or she the 18 employee has hieh are of the kind described in the disclosure categories to which lw—se-she the 19 employee is assigned in the Appendix. It has been determined that the economic interests set 20 thrth in a designated employees disclosure categories are the kinds ot econoni ic interests which 21 he or she the ernplo\ cc foreseeabl can affect materially through the conduct of his or her 22 employee’s office.
23 (4) Section 4. Statements of Economic Interests: Place of Filing. 2 2/22/21 Amend 18730
1 The code revie’ii1g body shall instruct all designated emploxees within its code to file 2 statements of economic interests with the atjcnc\ or ith the code I’eviC\\ tiiz both. as provided 3 by the code re ewing hod in ulie agenc’s con Ii jet of interest code. 4 ii) Section 5. Statements of Economic Interests: Time of Filing. 5 (A) Initial Statements. All designated employees enlplovcd by the agency on the effectic 6 date of this code. as originally adopted. promulgated and approved by thc code reviewing body, 7 shall file statements within 30 days after the effective datc of this code. Thereafter, each person 8 already in a position when it is designated by an amendment to this code shall file an initial 9 statement n itliin 30 days after the cfl’ective date of the amendment. 10 (B) AssLiulung Office Statements. All persons assuming designated positions after the 11 effective date ot’this code shall file stateiiienls ith in 30 days alter assuming the designated 12 positions. or if subject to State Senate confirmation, 30 days after being noun itiated or appointed. 13 (C) Annual Statements. All designated emplo ces shall file statc’ncuts no later than April 14 I . If a person reports for m ilitar) service as defined in tile Serv iceniember’s Civil Relief 15 Act. tile deadline for the annual statement of economic interests is 3t) days I’ollo ing h-i-s--ef—hel 16 tile person’s return to office. provided the person. or someone authorized to represent the 17 persons interests, notifies the filing officer in writing prior to the applicable filing deadline that 18 he-ei—she thcpson is subject to that Ièderai statute and is unable to meet the applicable 19 dead line, and proides the filing oflicer veru lication of hi r her the person’s nil itar status, 20 (D) I .ca\ ing Office Statements All persons lio leave designated positions shall file 21 statements iiiliin 30 da s after leaving office.22 (5.5) Section 5.5. Statements for Persons \\ho Resign Prior to Asstuuning Office. 3 2/22/21 Amend 18730
1 Any person who resigns w ithin 12 months of initial appomtment. or itlh in 30 da} s ofihe date of 2 notice pros idecl h the filing officer to File an assuming olflce statement, is not deemed to ha e3 assumed office or left office. provided lw—€w—she the person did not make or participate in the 4 making of. or use h-ts—e-hef the persoifs position to influence an decision and did not recei e or5 become entitled to receive any form of pn ment as a result of his or her the person’s 6 appointment. Such persons shall not tile either an assuming or leaving office statement. 7 (A) An’ person who resigns a position within 30 da) s of the date of a notice from the 8 tiling officer shall do hoth of the follo ing:9 (I) Iilc a rittcn resignation ith the appointing power’. and 10 2) f:ile a ‘ritten statement” ith the filing ollicer declaring under penalty of periur\ flint 11 during the period het een appointment and resignation he or she the person did not make. 12 partteipate in the making, or use the position to intluenee any decision çif the agenc’ or receix c. 13 or become entitled to receive. any form of pa\ ment by virtue of being appointed to the position. 14 (6) Section 6. C:ontents of and Period Covered by Statements of Economic Interests. 15 (A) Contents of Initial Statements.16 Initial statements shall disclose any reportable investments, interests in real property and 17 business positions held on the effective date oI’the code and income received during the 12 18 months prior to the e Thetive date of the code.
19 (B) Contents of Assuming Office Statements.20 Assuni mu office statements shall disclose an’ reportable investments, interests in real 21 property and business positions held on the date of assuming office or. if subject to State Senate 22 continuation or appointment. on the date of nomination, and income received during the 12 4 2/22/fl Amend 18730
1 iiiontlis prior to the date of assuming olilee or the date oF being appointed or noin mated. 2 respectively.
3 (C) Contenis of Annual Statements. Annual statements shall disclose an\ reportable 4 investments, interests in real property. income and business positions held or received during the 5 previous calendar year provided. honever, that the period covered by an emplo ees tlrst annual & statement shall begin on the effective date of the code or the date of assuming office whichever 7 is later, or for a hoard or commission member subject to Section 873026. the day after the S closing date of the most recent statement filed by the member pursuant to Regulation I 8754. 9 (D) Contents of leaving 0111cc Statements.
10 Leaving office statements shall disclose reportable investments, interests in real property, income 11 and business positions held or received during the period hetxveen the closing date of the last 12 statement filed and the date of leaving office.
13 7) Section 7. Manner ot Reporting.
14 Statements ofeconomnie interests shall he made on forms prescribed by the Fair Political 15 Practices Commission and supplied bx the agene. and slial I contain the IN lo ing information:
16 (A) Investnient and Real Property Disclosure.
17 When an investment or an interest in i-cal property is required to he repor ed. the statement 18 shall contain the following:
19 1 . A statement of the nature of the investment or intemest:
20 2. The name of the business entity in which each in estmnetit is held, and a general 21 description of the business aetiv it in hieh the business entit\ is engaged:
22 3. Ihe address or other precise location of the real propem’tv:
5 2/22/21 Amend 18730
1 4. A statement whether the thir market val te of’ the investment or interest in real property 2 equals or exceeds $2,000. exceeds $1 0.000, exceeds $1 00.000, or exceeds $1 .000.000. 3 (13) Personal Income Disclosure. When personal nicorne is required to be reported. the 4 statemen I shall conta in:

S I. The name and address ofeach source of income aggregating $500 or more in value, or 6 $50 or more in value ifthe income was a gill, and a general description ol’the business activity. i if any, of each source:
8 2. A statement w hether the aggregate alue of income fioni each source. or in the case of 9 a loan, the highest amount owed to each source. was SI .000 or tess, greater than SI .000. grcalcr 10 than $ I 0.000. or greater than SI 00.000:
11 3. A description of the consideration. ifany, flar which the income was received:
12 1. In the ease of a gift. the name. address and business :iefl’. tv of the donor and an> 13 intermediar) through which the gift was made: a description of the gift: the amount or alue of 14 the gill: and the date on which the gill was received:
15 5. In the ease of a loan, the annual interest rate and the seeuritN. ifanv. given for the loan 16 and the term of the loan.
17 (C) Business Emit> Income Disclosure. \\ hen income of a business entit> . inc tiding 18 income ofa sole proprietorship, is required to be reported. the statement shall comain:
19 1 Ihe name, address. and a general description of the business aetiv it of the business 20 entity:
21 2, The name of ever> person from w horn the business entity received pa> ments II the 22 tiler’s pro rata share of gross receipts from such person was equal to or greater than $10,000. 6 2/22/21 Amend 18730
a ( D) Business Position Disclosure. When business positions are required to he reported. a 2 designated employee shall list the name and address of each business entih in which he or rhe 3 the employee is a director, officer, partner. trustee. ernplo\ee. or in which he e’.he the employee 4 holds any position of management. a description of the business activity in which the business 5 entity is engaged. and the designated elnplo\ ce’s position with the business entit & (E) Acquisition or Disposal During Reporting Period. In The case of an annual or lea ing 7 office statcrneuL i fan in’. estment or an interest in real propcrt v as partially or wholly acquired S or disposed of during tlic period covered Lw the stateincnt. the statement shall contain the date of 9 acquisition or disposal.
10 (8) Section 8. Prohibition on Receipt of I lonoraria. ii (A) No member ofa state board or commission, and no designated employee of a state or 12 local government agency, shall accept any honorarium ftom an source, if the mciii her or 13 employee would he required to report the receipt ot income or gilis from that source on h4s&c 14 the members or employee’s statement of economic interests. 15 (3) This section shall not appl\ to any part—time member of the aoverning hoard olan’. 16 public institution of higher education, unless the member is also an elected official 17 (C) Subdivisions (a). (h). and (c) of Section 8950) shall appl to the prohibitions in this 18 section.
19 I)) [his section shall not limit or prohitit payments. advances, or reimbursements for 20 travel and related lodging and subsistence authorized b Section 89506. 21 (8.1) Section 8.1. Prohibition on Receipt ofGifis in li\cess of $520. 22 (A) No member ofa state hoard or commission, and no designated emplo)cc ofa state or 23 local government agenc . shall accept gills with a total value of more than $520 in a calendar 7 2/22/fl Amend 18730
1 year from any single source, ifthe member or employee would he required to report (lie receipt 2 of income or gifts from that source on hi; or her the member’s or employee’s statement of 3 economic interests.
4 (B) This section shall not appl to an) part—time member of the governing board of any S public institution of lugher education. unless the member is also an elected official. 6 (C) Subdivisions (e). (I). and (gi of Section 89503 shall apply to the prohibitions in this 7 section.
8 (8.2) Section 8.2. Loans to Public Officials.
9 (A No elected officer of a state or local government agency shall. from the dale olhi-s—ef 10 hef the election to ofilee through the date that he ef—4he the offleer vacates office. receive a 11 personal loan from any officer, employee, member, or consultant ofthe stale or local government 12 agency in which the elected officer holds office or over hich the elected officers agenc has 13 direction and control.
14 (B) No Public official who is exempt from the state civil service system pursuant to 15 subdivisions (c). (d). (e). (U, and (g) of Section 4 of Article VII of the Constitution shall. tvh i Ic 16 he or she holds office. ccci ye a personal loan from aim officer. employee, member. or consu kant 17 of the state or local government agenc in m hich the public official holds ollice or over which 18 the public oIl cial’s agency has direction and control. I his subdivision shall not appl to loans 19 made to a public official x hose duties are solely: secretarial, clerical, or manual. 20 (C) No elected officer ofa state or local government agency shall, from the date of44—ef 21 her the election to office through the date that he-or--she the officer vacates ohilce. receive a 22 personal loan from ally person who has a contract with the state or local government agenc\ to 23 which that elected officer has been elected or o er which that elected officers agenc has 8 2/22/21 Amend 18730
1 direction and control. This subdivision shal not apply to loans made by banks or other financial 2 institutions or to any indebtedness created as part ofa retail installment or credit card transaction. 3 if the loan is made or the indebtedness created in the lcndefs regular course of business on terms 4 available to iiemhers of the public w itliout regard to the elected ohicers oihcial status. 5 (D) No public official who is exempt from the state civil service system pursuant to 6 subdivisions (c), (cI). (e). (F). and (g) of Section 4 of Article VII of the Constitution shall. wh Ic 7 he or she the official hclds office. reecite a personal loan from an\ person \\ ho has a contract S with the state or local government agency to which that elected officer has been elected or o er 9 v Itich that elected officers agency has direction and control. -l his subdi ision shall not appl\ to 10 loans made by banks or other financial institutions or to any indebtedness created as part of a 11 retail installment or credit card transaction. ifthe loan is made or the indebtedness created in the 12 lender’s regular course of business on terms available to members of the public iihout regard lo 13 the elected officer’s official status. This subdivision shall not applx to loans made to a public 14 official hose duties are solely secretarial, clerical, or manual, 15 (F:) Tb is section shall not apply to the fbI lowing:
16 1 . Loans made to the campaign committee of an elected oliieer or eand idate for eleeti e 17 office.
18 2. loans made h a public official’s spouse. child, parent. urandparent. grandchild. 19 brother, sister, parent—in—law, brother—in—law. sister—in—law. nephe\ . niece, aunt. uncle, or first 20 cotisin, or the spouse of any such 3e’soj1s, provided that the person making the loan is not acting 21 as an agent or internlediar\ (or an) person tot other ise exempted tinder this seetn. 22 3. Loans from a person \\hieh. in the aggregate. do not exceed $500 at any given time. 23 4. Loans made, or ofi’ered in riting. helbre .Ianuar\ I. 190$. 9 2/22/21 Amend 18730
1 (8.3) Section 8.3. Loan Terms.
2 (A) Except as set forth in subdivision (B), no elected officer of a state or local 3 government agency shall, from the date of hi:; or her the officer’s election to oil cc through the 4 date he or he the officer vacates office. receive a personal loan of $500 or more, except when 5 the loan is in vriti ng and clearly states the terms of the loan. i ic I tiding the part cs to the loan 6 agreement. date of the loan, amount of the loan. term of the loan, date or dates when pa ments 7 shall he due on the loan and the amount of the payments. and the rate of interest paid on the loan.

S fflj This section shall not apply to the following t\pes of loans:
9 I . Loans made to the campaign committee of the elected officer, 10 2. Loans made to the elected officer by his or her spouse. child, parent. gi’andparent. 11 grandchild. brother. sister, parent—in—law, brother—in—law, sister—in—law. nephew. niece. aunt, 12 uncle, or first cousin, or the spouse oF any such person. provided that the person making the loan 13 is not acting as an auent or intermediar\ for an person not other ise exempted tinder this 14 section.
15 3. Loans macic. or ofThred in writing, before Januar I - I $98. 16 cC) Nothing in this section shall e\empt any i’sn born any other pro• ision of litle 9 of 17 the Government Code.
18 (8.4) Section 8.4. Personal I cans.
19 (A) Except as set forth in subdivision (B), a personal loan received by any designated 20 employee shall beconie a gift to the designated employee for the purposes of this section in the 21 fbllo\\ ing circumstances:
22 1 . it the loan has a defined date or dates for repanient. when the statute of bin unions fhr 23 filing an action for default has expired.
10 2/22/21 Amend 18730
1 2. lithe loan has no defined date or dates Iir repayment, when one year has elapsed from 2 the later of the fol low ing;
3 a. The date the loan as made.
4 h. The date the last payment of $100 or more was made on the loan. 5 c. The date upon which the debtor has made payments on the loan aggregating to less 6 than 5250 durnig the pe loiN 12 months.
7 (B) This section shall not apply to the following types of loans:
8 1. A loan made to the campaign committee ofan elected officer or a candidate tbr 9 elective office.
10 2 A loan that would other se not be a gift as defined in tlus title. 11 3. A loan that would other” se be a gill as set forth under subdivision (A\ but on which 12 the creditor has taken reasonable action to collect the balance due. 13 4. A loan that would otherwise he a gifi as set forth under subdivision (A). hut on w hich 14 the creditor. based on reasonable business considerations, has not undertaken collection action. 15 Except in a criminal action. a creditor w ho claims that a loan is lot a gill on the basis of this 16 paragraph has the burden of proving that the decision for not taking collection action was based 17 on reasonable business considerations.
18 5.A loan made to a debtor who has filet! hr bankruptcy and the loan is ultimately 19 disc liarged in ban kruptcy.
20 (C’) Nothing in this section shall exempt any person li-nm an’ other provisions of Title 9 21 of the Governnient Code.
22 (9) Section 9. DisL)tlaliticatioli.

Ii
2/22/21 Amend 18730
1 No designated eniplovee shall make. participate in making. or in an w a attempt to use 2 1w—ef—hef the eniplovees ollicial posiuon to influence the making olan governmental decision 3 which he or she the employee knox s or has reason to kno vi II have a reasonably Ibresecable 4 material financial effect. distinguishable from its effect on the public generally, on the ollicial or 5 a member ofhit—tw-he the official’s immediate lami lx or on:
6 (A) Aim business entit\ in hich the designated emplox cc has a direct or indirect 7 investment worth $2.000 or more:
8 I h An\ real property in which the designated employee has a direct or indirect interest 9 worth $2,000 or more:
10 (C) An) source of income, other than gi is and other than loans by a commercm I lending 11 instittition in the regu ar course of business on terms available to the public w thorn regard to 12 official status, aggregating $500 or more in alue provided to. recci\ ed by or promised to the 13 designated emplo cc w ithin I 2 months prior to the time hen the dcci sion is made:
14 (D) Any’ business entity in which the designated employee is a director, officer, partner, 15 trtistce. employee. or holds any position of’ management: or 16 (1-.) An donor of or aim intermediary or agent for a donor ot, a gilt or gifts aggregating 17 $500 or more pros ided to. received by, or promised to the designated employee within J2 18 months prior to the time when the decision is made.
19 (9.3) Section 9.3. Legally Required Participation.
20 No designated emplo\ cc shall be prevented from making or participating in the making 21 of any decision to the extent I%&-or--Iw the employee’s participation is legally required for the 22 decision to he made. The fact that the vote of a designated employee \\ho is on a voting body is 2/22/21 Amend 18730
1 needed to break a tie does not niake IN-s—sr—her the employees participaton legal lv raju red for 2 purposes o I’ this section.
3 (9.5) Section 9.5. DisqualiFication of State Oflicers and Employees. 4 In addition to the general disqualification prox isions of section 9. no state administrati e 5 official shall make. participate in making. or use h-i-s--sr--hec the officials official position to 6 influence any govertirnental decision directl relating to an contract w here the state 7 administrative official knos or has reason to know that any party to the contract isa person 8 with whom the state administrative official, or any member ofh4-s-sr-he-r the official’s inimediate 9 Family has. within 12 months prior to the time when the official action is to be takcn; 10 (A) Engaged in a business transaction or transactions on terms not available to members 11 of the pub! ic. regard jog an investment or interest in rca I propert or 12 (B) Engaged in a business transaction or transac tiotis on terms not available to members 13 of the public regarding the rendering of goods or ser ices totaling in value $1,000 or more. 14 (10) Section 0. Disclosure of Disqualifying Interest. 15 When a designated employee determines that he—er--she the employee should not make a 16 governmental decision because he- ir--. ‘ the emplo’ cc has a disqtmali1 ing interest in it. the 17 deterni ination not to act may be accompanied h> disclosure of’ the disqual i i-ing interest. 18 ( I I ) Section II A ssistance of the Commission and Counsel. 19 An designated employee who is unsure of h+€ i—her ffi duties under this code may request 20 assistance from the Fair Political Practices Commission pursuant to Section 8311 4 and 21 Regulations 18329 and 18329.5 or from the attorne for l$s-er-her the enip!ovce’s agency. 22 plo’ ided that nothing in this section requires the attorne for the agenc to issue an’ tbrnial or 23 informal opinion.
13 2/22/21 Amend 18730
1 (12) Section 2. Violations.
2 This code has the force and eftbci of law. Designated employees violating an provision 3 of this code are subject to the adminisirat i’e, criminal and civil sanctions provided in the 4 Political Reform Act. Sections 8 000—0 10 14. In addition, a deei5ion in relation to which a 5 violation of the disqualification provisions of this code or of Section 87100 or 87450 has 6 occurred ma\ be set aside as void pursuant to Section 01003. 7 8 Designated emplo ees who are required to file statements oteconomie interests under 9 any other agenc’s conflict of interest code. or under article 2 for ‘a different jurisdiction. may 10 expand their statement of economic interests to cover reportable interests in bothj urisdictions, 11 and file copies of this expanded statement with both entities in lieu of tiling separate and distinct 12 statements, provided that each copy of such expanded statement filed in place of an original is 13 signed and veritted hs the designated emplo\ cc as if it w crc au originaL See Section 8 I 004. 14 2 See Section 81010 and Regulation 18115 for the duties of tiling officers and persons in 15 agencies who make and retain copies of statements and ör ard the originals to the tiling officer. 16 For the purpose of disclosure only (not disqitali ficat ion), an interest in real property 17 does not include the principal residence of the filer. 18 ‘ Investments and interests in eat property which have a fair market value of less than 19 52.000 are not investments and interests in real property within the meaning of the Political 20 Reform Act. However, investments or interests in eat property of an individual include those 21 held by the individual’s spouse and dependent children as well as a plo rata share of an’ 22 investment or interest in real propert of an business entit’ or trust in which the individual. 14 2/22/21 Amend 18730
I spouse and dependent children own. in the wurcaw. a direct, indirect or henelicial interest oF ID 2 percent or greater.
3 A designated employee’s income includes h or her the eniplovee s cominunitx 4 property interest in the income of hit; or her ffiççIll loyee’s spouse but clues not include salary or S reimbursement tbr expenses received from a state. local or Federal government agene’ 6 6 Income ofa business entity is reportable if the direct, indirect or beneficial interest of 7 the tiler and the filer’s spouse in the bLlsincss enlit3 aggregates a 10 percent or grcalcr interesi. In S addition. the disclosure of persons who arc clients or customers ofa business emit is required9 only if the clients or customers are within one ol he disclosure categories of the filer. 10 Note: Authority cited: Section 83112. Government Code. Reference: Sections 87103(e). 87300— 11 87302. 89501. 89502 and 89503. Government Code.
15 2/22/21 Amend 18730

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022 AGENDA ITEM:

ORIGINATING DEP: Community Service CITY MANAGER: _______ PREPARED BY: David Hart, Community Service Supervisor SUBJECT: Long Beach Unified School District (LBUSD) Master Facility Use Agreement
RECOMMENDED ACTION(S): Authorize the City Manager to execute a Master Facility Use Agreement with LBUSD and Avalon Schools.

REPORT SUMMARY: Due to the lack of recreational resources, the City of Avalon and Long Beach Unified School District (LBUSD) have developed a Master Facility Use Agreement to combine resources to benefit our community. This allows the City to utilize Avalon Schools’gymnasium, baseball field, auditorium, and class spaces in exchange for the utilization of City facilities such as Joe Machado Field, public parks, Tremont Hall, and available meeting spaces at City Hall.

The last Agreement expired in 2018 and needed to be updated. Both parties have beenworking in good faith to negotiate a new agreement while allowing for use of spaces during the contract development process.The proposed agreement will be a flexible contract to be used in perpetuity, with clauses to allow amendments based on working conditions.GOAL ALIGNMENT: Enhance Recreational Opportunities.

FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be able to utilize LBUSD properties for community programming.

FOLLOW UP ACTION: Submit agreement to LBUSD Board of Directors finalize.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENT: Finalized Master Facility Use Agreement.

MASTER FACILITY USE AGREEMENT

BY AND BETWEEN LONG BEACH UNIFIED SCHOOL DISTRICT

AND THE CITY OF AVALON
THIS MASTER FACILITY USE AGREEMENT (“Agreement”) is made on _______________,
2022,
(“Commencement Date”), by and between the LONG BEACH UNIFIED SCHOOL DISTRICT (“District”), apublic school district duly organized and existing under the laws of the state of California, and the CITY OF AVALON (“City”), a charter city and municipal corporation duly organized and existing under theconstitution and laws of the state of California. District and City may be referred to herein individuallyas a “Party,” and collectively as the “Parties.”

RECITALS
WHEREAS, California Education Code (‘Education Code”) sections 10900 et seq. (“Community Recreation Act”), authorize both the District and the City to organize, promote, and conduct programs for community recreation and to cooperate in providing community recreation programs and facilitiesthat will contribute to general recreational and educational objectives for children and adults of theState; and WHEREAS, under Education Code section 10905, two or more public authorities may cooperate with each other to carry out the purposes set forth in section 10900, and to that end may enter intoagreements with each other and may do all things necessary and convenient to aid and cooperate in carrying out said purposes; and
WHEREAS, the District and the City are authorized to operate and maintain recreation facilities including play fields, parks, performing arts centers, hardscapes, and, by virtue of that authority, do operate and maintain such recreation facilities; and
WHEREAS, the District owns and operates multiple properties, including school sites (“District Site(s)”), with classroom buildings, recreational play fields, hardscapes, and other types of facilities available forCity use (“District Premises”); and WHEREAS, the City owns and operates multiple properties and active use areas (“City Site(s)”), which include recreational play fields, hardscapes, and other types of facilities available for District use (“CityPremises”); and WHEREAS, District and City Sites may be referred to herein collectively as the “Sites,” and District and City Premises may be referred to herein collectively as the “Premises” or “Facilities; and WHEREAS, the District and the City desire to use the Premises for playfields, playgrounds, restrooms, and recreation facility needs, as described herein, and in the site-specific exhibits, attached hereto and made part of this Agreement (“Site-Specific Exhibit(s)”); and WHEREAS, certain District Premises are permitted for use as authorized by the Civic Center Act, Education Code sections 38130, et seq. (“Civic Center Uses”); and Master Facility use Agreement Page 1 of 28
Long Beach unifled School District and city of Avalon
WHEREAS, the District and City permitting departments will continue to issue use permits for Civic Center Uses and City facilities uses (“Permitting Departments”), and the Premises authorized for useunder the Permitting Departments will be identified in a Site-Specific Exhibit, attached hereto; and WHEREAS, uses that are categorized as Joint Use or Reciprocal Use arrangements (both defined below),shall also be identified in a Site-Specific Exhibit, attached hereto; andWHEREAS, the Parties agree, entering into this Agreement will benefit the community, provide facilities that promote and preserve community health and general welfare, and cultivate the development of good citizenship by providing adequate programs of community recreation; and WHEREAS, pursuant to Education Code section 10910, the District is authorized to “grant the use of any building, grounds, or equipment of the district to any other public authority. . . whenever the useof the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system”; and WHEREAS, pursuant to Education Code section 17529, the District has determined, City use of District Premises, as identified herein, will not (1) interfere with educational programs or activities of any school or class conducted on District Sites, (2) unduly disrupt the residents in the surrounding neighborhood, or (3) jeopardize the safety of the children at the District Sites; and WHEREAS, the District has determined City use of District Premises, as identified herein, will not interfere with the District’s use of District Premises.NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. AGREEMENT TO COOPERATE. The Parties hereby agree to cooperate in coordinating programs and activities conducted in all their respective Premises. Each Party agrees to promptly respond toconcerns relating to use of their Premises expressed by the other Party or neighbors of the Premises. The Parties shall have the right to add or exclude Premises during the Term of this Agreement, provided such change is made in writing and approved by the governing boards of boththe District and the City. As used in this Agreement, “Owner” shall mean the Party to thisAgreement that owns a particular Premises and/or Facility covered by this Agreement. “User” shall mean the Party utilizing the Owner’s Premises and/or Facility under the terms of this Agreement.

2. SITE-SPECIFIC EXHIBITS.

2.1. The Parties will enter into Site-Specific Exhibits as needed to govern their shared use of the Premises subject to this Agreement. Site-Specific Exhibits may be modified at any time during the Term of this Agreement, upon mutual written agreement of the Parties andapproval by their governing boards, to accommodate additions, removals, and/or changes to the Premises. Except as expressly addressed herein, where the terms and conditions ofthis Agreement and a Site-Specific Exhibit conflict, the Site-Specific Exhibit shall be controlling between the Parties. The Parties intend that each Site-Specific Exhibit will Master Facility use Agreement Page 2 of 28
Long Beach unified School District and city of Avalon
include, without limitation, terms of use, maintenance and repair obligations, payment provisions, schedule restrictions, etc., to the extent such information is unique to the specific Premises.

3. EXHIBIT CATEGORIES. Site-Specific Exhibits shall be categorized as follows:

3.1. Permitted Use. Use permits for Sites identified in Exhibit A, attached hereto, and incorporated herein, shall be requested based on the procedures identified in Exhibit A as authorized by the Civic Center Statutes and the Parties’ Facility use rules and regulations for shorter term uses,

3.2. Joint Use Agreements. Joint Use Agreements, governing the long-term use of District Sites pursuant to Education Code sections 17527, et. seq., resulting from funding ofimprovements and/or joint development of Facilities by the City, if applicable, will be attached hereto and incorporated herein as Exhibit B.

3.3. Reciprocal Use Agreements. Reciprocal Use Agreements, governing long-term reciprocal and mutually beneficial uses by each Party of the other Party’s Sites, if applicable, will beattached hereto and incorporated herein as Exhibit C.

4. DESCRIPTION OF DISTRICT PREMISES. For the purposes of this Agreement, the District Premises shall include classroom buildings, recreational facilities, equipment, landscaping, and other facilities, including public restrooms, unless otherwise indicated, as further described in the SiteSpecific Exhibits attached hereto, located at the District’s Sites. The City acknowledges that, to the extent District Premises are operational school sites, City use of District Premises under this Agreement shall not interfere with school activities.

5. DESCRIPTION OF CITY PREMISES. For the purposes of this Agreement, the City Premises shall include the recreational facilities, equipment, landscaping, and other types of facilities, includingpublic restrooms, as further described in the Site-Specific Exhibits attached hereto, located at the City’s Sites.

6. TITLE TO SITES AND PREMISES. Nothing in this Agreement shall in any way alter the Parties’ fee title ownership interest in their Sites and Premises. Nothing herein shall be construed as creating a lease or easement or any other interest except a permissive, revocable use.

7. TERM. The Commencement Date of this Agreement shall commence on ______________,
2022,
and shall continue from year to year, unless sooner terminated under any provision hereof, or in aSite-Specific Exhibit (“Term”).

Master Facility use Agreement Page 3 of 28Long Beach unified School District and city of Avalon

8. USE OF PREMISES.

8.1. Administration.

8.1.1. The Parties shall establish a Facilities Management Committee (“FMC”), composed of District and City personnel established to review and make recommendations regarding short-term permitted, long-term joint, and shared use of the Sites.

81.1.1. The District and the City shall each designate an equal number of representatives to meet as the FMC to develop a written master schedule for the Parties exclusive use of the Premises (“Master Use Schedule”).The FMC shall be composed of the City Community Services Supervisor and Community Services Coordinator, as well as the District Instructional Director/Principal Supervisor, Maintenance Manager and OperationsManager. Such parties shall make up the FMC, whose majority vote shallbe required for all decisions. The District’s and the City’s Use of Premises shall be governed and coordinated through the Agreement, Site Specific Exhibits, FMC, and the Master Use Schedule developed by the Parties and the District’s and City’s Permitting Departments.

8.1.2. The Parties, through the FMC, shall manage and coordinate the Master Use Schedule for four (4) month time frames for each year of the Term as follows:

Season Dates Covered in Master Use Schedule
51 Schedule for Summer Sports Season
(approx. June 1st to July 30th)
S2 Schedule for Fall Sports Season
(approx. August 1st to October 31st)
S3 Schedule for Winter Sports Season
(approx. November February is’j
S4 Schedule for Spring Sports Season
(approx. February 16tb — May 30th)

8.1.3. The FMC shall hold regular quarterly meetings, prior to the commencement of each quarter, on a date mutually agreeable to the Parties, or at such times mutuallyagreed upon by the FMC (“FMC Meeting”).

8.1.4. Either Party may request an additional FMC Meeting if there are modifications required for the Master Use Schedule, and the Parties shall cooperate to satisfy those requirements.

Master Facility use Agreement Page 4 of 28Long Beach unified School District and city of Avalon

8.1.5. The FMC shall meet with the District’s Assistant Superintendent of Middle & K-8 Schools or their designees and the City’s Department of Community Services Director or designees present during at least the First Quarter FMC Meeting.

8.1.5. No less than 30 days prior to the First Quarter FMC Meeting, the City shall provide to District a copy of its master schedule for City scheduled activities for the First through Fourth Quarters above (“City Master Schedule”).

8.1.7. No less than 30 days prior to the First Quarter FMC Meeting, the District shall provide to the City a copy of its master schedule, including school calendar, schoolconstruction schedule, bell schedule and school events for the First through Fourth Quarters above (“District Master Schedule”).

8.1.8. After each FMC Meeting, a “Master Use Schedule” including applicable information from the District Master Schedule and the City Master Schedule shall be publishedfor the upcoming Quarter, upon approval by the District Superintendent and the City Manager or their designees, which shall not be unreasonably delayed. Publication of the Master use Schedule shall occur within five (5) calendar days of approval, exceptwhere either Party has reasonably withheld approval of the Master Use Schedule, inwhich case publication shall occur within three (3) calendar days after the Parties reach an agreement on the Master Use Schedule.

8.1.9. The FMC shall have the authority to make coordination and scheduling decisions as set forth in Section 8.1.10 below, except for the following actions, which shall require approval by the governing boards of each Party:

8.1.9.1. Amend the Agreement and Site-Specific Exhibits; and

8.1.9.2. Final approval of the Master Use Schedule.

8.1.10. The FMC’s primary responsibilities are as follows:

8.1.10.1. Develop the Master Use Schedule to ensure the Premises are available for City and District use;

8.1.10.2. Make recommendations regarding maintenance, operations, and renovations of the Premises to ensure that the Premises are kept in a safeand clean condition;

8.1.10.3. Discuss any issue(s) related to use by the District or the City of the Premises;

8.1.10.4. Review any reported misuse of the Premises and report incidents of misuse upon majority approval of the FMC;

8.1.10.5. Collect, account for, and distribute applicable fees and costs for use of the Premises, as required by law;
Master Facility use Agreement Page 5 of 28Long Beach Unified school District and city of Avalon

8.1.10.6. Report to the District Superintendent and the City Manager, or their designees, as necessary; and

8.1.10.7. Develop bylaws or operating procedures for the FMC and participate in meetings.

8.2. District Use of District Premises. The District’s use of District Premises for any purpose shall take precedence and priority over the City’s use or any other person or entity’s use of District Premises, unless otherwise specified in a Site-Specific Exhibit, in which case the SiteSpecific Exhibit shall control. The District’s use includes the following uses of District Premises (collectively, “District Use Period”), without limitation:

8.2.1. Use during any time when the District Site is in school session, including Summer School;

8.2.2. Use during any time scheduled in advance by the District Site principal or other school officers for classes, activities, exercises, or functions; and

8.2.3. Use during any time when the District has permitted another person or entity to use District Premises for a specific event(s) or activity(ies).

8.3. City Use of City Premises. The City’s use of the City Premises for any purpose shall take precedence and priority over the District’s or any other person or entity’s use of the City Premises, unless otherwise specified in a Site-Specific Exhibit, in which case the Site-SpecificExhibit shall control. The City’s use includes the following uses of City Premises (collectively, “City Use Period”), without limitation:

8.3.1. Use during any time scheduled in advance by City administration for activities, exercises, or functions; and

8.3.2. Use during any time when the City has permitted another person or entity to use City Premises for a specific event(s) or activity(ies).

8.4. City Use of District Premises.

8.4.1. In scheduling the use of District Premises, the District’s events and programs shall have first priority. The City’s events and programs shall have second priority. Allother users shall have third and on-going priority use in accordance with the District’s policies and regulations for third party users.

8.4.2. The City may use District Premises when use does not conflict with the District’s use.

8.4.3. The City’s use of District Premises shall be described in further detail, if applicable, in the Site-Specific Exhibits attached hereto. Where this Section of the Agreement and Site-Specific Exhibits conflict, the Site-Specific Exhibits shall control. The City’s right of use shall be non-exclusive.

Master Facility use Agreement Page 6 of 28Long Beach unified School District and city of Avalon

8.4.4. The City shall be responsible for maintaining and overseeing its use, excluding the District’s use, of the District Premises pursuant to the terms and conditions set forth herein. The District reserves the right, in its sole discretion, to reasonably preclude or prohibit the use of the District Premises by any person or entity consistent with District Rules and Regulations (defined below).

8.5. District Use of City Premises.

8.51. In scheduling the use of the City Premises, the City’s events and programs shall have first priority. The District’s events and programs shall have second priority in scheduling. All other users shall have third and on-going priority use in accordance with the City’s policy for third party users.

8.52. The District may use City Premises when use does not conflict with the City’s use.

85.3. The District’s use of City Premises shall be described in further detail, if applicable, in the Site-Specific Exhibits attached hereto. Where this Section of the Agreement and Site-Specific Exhibits conflict, the Site-Specific Exhibits shall control. The District’s right of use shall be non-exclusive.

8.5.4. The District shall be responsible for maintaining and overseeing its use, excluding the City’s use, of the City Premises pursuant to the terms and conditions set forth herein. The City reserves the right, in its sole discretion, to reasonably preclude orprohibit the use of the City Premises by any person or entity consistent with CityRules and Regulations (defined below).

8.6. Schedule and Cancel Use of Premises.

8.6.1. Scheduling Use of Premises.

8.6.1.1. Except as otherwise provided in the Site-Specific Exhibits, if a Party requires use of a Premises at times other than those set forth in this Agreement, it shall submit a request to the other Party’s Permitting Department, as described in Exhibit A, as soon as possible or at least seventy-two (72) hours in advance. The other Party may approve or denythat request at its sole discretion.

8.6.1.2. To claim priority scheduling status, the Parties shall submit requests for use no later than thirty (30) days prior to the requested date of use. If a Party makes a request after that date, the request will be processed in the same order of priority provided, and if a permit for requested facility and date has already been issued, the Party’s request will be denied.

8.6.2. Canceling Use of Premises. Except in the event of an emergency, or when necessary to prevent damage to the Premises, the Parties shall provide at least thirty (30) calendar days’ prior notice of a cancellation of a Party’s scheduled use. lithe cancelling Party is the Owner, it shall make good faith and reasonable efforts to provide alternative, available recreational space for the other Party’s originallyscheduled use, which the other Party shall not unreasonably refuse.

Master Facility use Agreement Page 7 of 28Long Beach Unified School District and city of Avalon

8.6.2.1. The Parties reserve the right to cancel scheduled activities during inclement weather to prevent damage to facilities.

8.6.3. Emergencies. There may from time to time be unanticipated maintenance emergencies, e.g., water main break, roof leak, etc., which are unavoidable, and which will interrupt otherwise approved facility use. Each Party shall have the rightto cancel another Party’s scheduled use in the event of an emergency without prior notice. Notification of all unanticipated maintenance emergencies shall be made known to either Party as soon as possible, to expedite scheduling use of alternative facilities. If the cancelling Party is the Owner, it shall make good faith and reasonable efforts to provide alternative, available recreation space for the otherParty’s originally scheduled use, which the other Party shall not unreasonablyrefuse.

8.7. Collection of Fees and Costs. The FMC shall collect all fees and costs, as required by law, and further described below.8.7.1. Duties. The FMC shall maintain records, books, and accounts with respect to the management and operation of the District and City Premises. The FMC shall provide a report on all fees and costs collected to the District’s Assistant Superintendent of Middle & K-8 Schools or their designees and the City’s Department of Community Services Director or their designees, within five (5) business days following theconclusion of each season. The FMC shall retain those records during the Term ofthis Agreement and for a reasonable period thereafter; provided, however, that prior to disposing of such records, books and accounts, the FMC shall have the obligation to notify the District’s Assistant Superintendent of Middle & K-S Schoolsor their designees and the City’s Department of Community Services Director or their designees of its intent to do so and provide the District’s Assistant Superintendent of Middle & K-S Schools or their designees and the City’s Department of Community Services Director or their designees with a reasonable opportunity to reclaim such documents. Notwithstanding the above, the District’s Assistant Superintendent of Middle & K-8 Schools or their designees and the City’s Department of Community Services Director or their designees shall have the right, during normal business hours, to inspect or copy such records and audit the reports.

8.7.2. Civic Center. All scheduling, use, fee/admission fee collection, and other activities shall be compliant with the Civic Center Statutes, which permit a school district to recoup the cost of groups using its facilities, which includes the Recreational Facilities. While the FMC, on behalf of the District, may collect fees for all groups, it must collect fees as indicated here:8.7.2.1. Direct Costs. A fee equal to at least the direct costs for religious groups using the Recreational Facilities for religious services (Ed. Code, § 38134(d), (g)(1)); and
Master Facility Use Agreement PageS of 28Long Beach Unified School District and city of Avalon 8722. Fair Rental Value. A fee equal to the fair rental value for use for entertainment or meetings where the user is (i) charging admission or soliciting contributions, and (ii) the net receipts will not be expended forcharitable purposes or for the welfare of the District’s students (Ed. Code, § 38134(e), (g)(2),)

8.7.3. Costs. Each Party, when using the other Party’s Premises, shall pay the Owning Party direct costs, which include, but shall not be limited to, custodial and security costs pursuant to this Agreement. All direct costs shall depend on the scope and complexity of use, in accordance with the District’s Community Use of School Facilities Standard Fee Schedule and the City’s Fee Schedule. Notwithstanding anything to the contrary in this Agreement, each Party shall submit their invoices to the FMC, who shall collect reimbursement and make disbursements as hereinafter provided. Invoices submitted to the FMC shall be accompanied by written documentation itemized with sufficient detail to support the invoiced amounts.

8.7.3.1. The District Community Use of School Facilities Standard Fee Schedule can be found here:
https://www.lbschools.net/Asset/Files/Purchasing/Facilities/Rates%20Direct%2OCost%2oand%2ORental%20011017.pdf.

87.3.2. The City Fee Schedule can be found here:
http://www.cityofavalon.com/finance#Fees

8.7.4. Custodial Services. The Parties recognize that the use of the Premises, particularly in the evenings or on the weekends, creates the need for the Owning Party to pay employees, such as custodians, additional wages and/or overtime wages. Theseemployees setup and tear-down the activities and events. Each Party shall be responsible for its pro rata share of any wages paid to the custodians, or similaremployees, for work performed during its events/programs at the Premises.

8.7.5. Disbursements. All invoices shall be paid no later than thirty (30) days following the date the applicable invoice is received from the FMC. All amounts not paid withinsuch time (and not subject to a bona fide dispute) shall accrue interest at the rateof one and one-half percent (1.5%) per month. Other than collecting andforwarding applicable fees and costs, as provided herein, the FMC shall not be responsible for further compensation to the Parties.

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8.8. District Rules and Regulations.

8.8.1. City use of District Premises shall be pursuant to the District’s then existing Policies and Regulations for use of District Premises (“District Use Rules”), as may beamended from time to time. The City shall use reasonable efforts to exclude persons and entities whom the City is aware have violated the District Use Rules from using the District Premises. Current District Use Rules can be found here:
http://www.lbschools.net/Asset/Files/BOE/Policies/BP 1330.pdf.

8.8.2. The Parties agree the District does not permit possession, use, sale or consumption of tobacco products, cannabis or of any controlled substance on District property, including the District Premises, or any other District facility. Any uses which involve the serving and/or sale of alcoholic beverages and the conducting of games of chance are prohibited on the District Premises.

8.8.3. All proposed use of District Premises shall align with State of California and local governmental Orders regarding public health including, but not limited to) play/activities, physical distancing measures, maximum occupancy, face covering, and reporting and contact tracing requirements and protocols. Violations of these requirements may result in immediate suspension of use of District Premises.

8.9. City Rules and Regulations.

8.9.1. District use of City Premises shall be pursuant to the City’s then existing Policies and Regulations for use of City Premises (“City Use Rules”), as may be amended from time to time. The District shall use reasonable efforts to exclude persons and entities whom the District is aware have violated the City Use Rules from using theCity Premises. Current City Use Rules can be found here:www.recreation.cityofavalon.com (see “Forms”).

8.9.2. The Parties agree City does not permit possession, use, sale or consumption of tobacco products, cannabis or of any controlled substance on City property, including City Premises, or any other City facility, provided that a controlled substance may be used pursuant to a valid prescription.

8.9.3. All proposed use of City Premises shall align with State of California and local governmental Orders regarding public health including, but not limited to, play/activities, physical distancing measures, maximum occupancy, face covering, and reporting and contact tracing requirements and protocols. Violations of these requirements may result in immediate suspension of use of City Premises.

8.10. Personnel and Equipment.

8.10.1. The Parties at their sole cost and expense, shall provide, when using a Premises: (i) such employees, volunteers, or others as are necessary to ensure the safety of all participants, spectators, and others present in connection with such use; and (ii) allpersonal property (e.g., equipment, materials, supplies, and/or other items) as Master Facility use Agreement Page 10 of 28Long Beach unified school District and city of Avalon necessary to permit the use to occur and as necessary to ensure the safety of all participants, spectators, and others present in connection with such use.

8.10.2. The Parties specifically agree that personnel hired by a Party shall be employees or independent contractors of that Party and shall not be construed as employees orindependent contractors of the other Party for any purpose whatsoever. If a Party wishes to use the other Party’s employees or independent contractors in theconduct of programs (i.e., lifeguards, gym attendants, sport camp instructors,contract instructors, audio-visual crew, technical staff, etc.), the use of suchemployees shall be subject to a separate written agreement to be negotiated bythat Party on terms to be mutually agreed upon.

8.11. Supervision. Each User shall train and provide an adequate number of competent personnel to supervise all activities on the Owner’s Premises, including ensuring the area is properly used and participants stay within the designated area and do not stray into adjacent areasnot subject to use. The User shall enforce all the Owner’s rules, regulations, and policies while supervising activities or programs on the Owner’s Premises.

9. CONDITION OF PREMISES. The Premises are offered for use to the Parties on an “AS IS” basis.

9.1. The Parties shall not be required to make or construct any alterations including structural changes, additions, or improvements to their Premises. By a Party’s entry and use of the Premises pursuant to this Agreement, the Party accepts the Premises in “AS IS” condition.

9.2. The Parties acknowledge that neither Party’s agents have made any representation or warranty as to the suitability of the Premises for the other Party’s uses as described herein.

Any agreements, warranties, or representations not expressly contained in this Agreement shall in no way bind the Parties, and the Parties expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Agreement.

9.3. Surrender of Premises. Upon surrender of Premises:

9.3.1. Each Party shall deliver the Premises in the same condition as upon entry, normal wear and tear and approved alterations and improvements excepted.

9.3.1.1. The Using Party shall, at its sole cost, be responsible for repairing all damage attributable to its use of the Owning Party’s Premises.

9.3.2. The Owning Party may undertake such repairs of damage caused by the Using Party and provide the Using Party with an itemized invoice for the costs. The Using Partyshall pay the invoice within (30) days of receipt.9.3.2.1. If there is a dispute regarding the cause of the damage, the Parties shall promptly meet and confer and, if so agreed share the cost of repairs.

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10. MAINTENANCE AND REPAIRS.
101. The Parties will maintain their Premises in a good condition consistent with the condition of the Premises existing at the time of delivery.

10.1.1. The Parties shall provide routine maintenance and repair of their Premises, at their sole cost and expense, using the same standards that the Party applies tocomparable areas at its facilities, including, without limitation, mowing, watering, fertilizing, reseeding, and maintaining athletic fields, turf, and parks.

10.1.2. Maintenance and/or repair work includes work necessary to prevent or arrest any degradation in the condition of improvements located on Premises, or necessary tootherwise maintain or restore the condition of such improvements. Maintenanceand/or repair work also includes, but is not limited to: (i) trimming of vegetation, (ii) replanting or replacement of turf, shrubs, trees, et cetera; (iii) replacement and adjustment of irrigation system components; (iv) repaving, resurfacing or slurrycoating of asphalt/blacktop play areas; (v) repaving, resurfacing or slurry-coatingof, and re-striping of, parking areas; (vi) repair or replacement of fencing; and (vu) repair or replacement of play-structures, equipment and other improvements located on Premises, or components thereof. The Parties, to the extent permittedby law and applicable contractual arrangements, may perform its maintenance and/or repair obligations using either its own personal or contracted forces under the direct control of the Party.

10.1.3. The Parties make no representations or warranties for the structure of any buildings existing on the Premises as of the Commencement Date. The Parties agree that if the structural elements of any building become damaged to a lesser condition thancurrently exists, and if such structural damage is due to no fault or negligence ofthe other Party, then each Party will repair the damage in such a manner as to bring it back to a condition which is similar to the condition which exists at the Commencement Date; however, each Party may terminate the agreement to use a specific Site if such repair cost exceeds Forty Thousand Dollars ($40,000) per District or City Site. The Parties agree to pro-rate payment for use of the Premises during the “repair” period if the resulting structural damage prohibits the other Party fromcarrying out its normal daily activities. If a Party elects not to perform a repair estimated to cost in excess of Forty Thousand Dollars ($40,000), the other Partymay elect to terminate the agreement to use that Site.

10.1.4. As used in this Agreement, the term “structural elements of the building” are defined as and shall be limited to the foundation, footings, floor slab but not flooring, structural walls excluding glass and doors, and the roof excluding skylights.

Plumbing, electrical and heating systems shall be considered “structural elements of the building” excluding, however, those repairs and maintenance items whichcan be completed without wall or floor removal.

10.1.5. The Parties shall have no maintenance or repair obligations with respect to the Premises except as expressly provided in this Section. The Parties hereby expressly waive the provisions of section 1932 of the California Civil Code.

Master Facility use Agreement Page 12 of 28Long Beach Unified School District and city of Avalon 101.5.1. Provided, however, that the Parties shall submit to the other Party for review any plans for repairs required on the Premises, respectively. Upon review of any submitted plans, there shall be a determination whether and to what extent the other Party will share in the cost of the repairs to the Premises, as applicable.

10.1.6. Each Party may schedule renovations, maintenance, and repairs on its Premises at times of its choosing, in its sole discretion, but shall schedule planned renovations, maintenance, and repairs in a manner to minimize impact upon the other Party and its use of the Premises.
11, NO ALTERATIONS OR IMPROVEMENTS. The Parties shall not construct or cause to be constructed any alterations or improvements on the Premises, except as described in the Site-Specific Exhibits attached hereto.

12. FINGERPRINTING AND CRIMINAL BACKGROUND VERIFICATION. If applicable and/or requested by District, the City shall be responsible for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements described in California Education Code section 45125.1, which may be met under the fingerprinting provisions of Title 22 of the California Code of Regulations and applicable provisions of the California Health and Safety Code relevant to community care facility licensing (Health & Safety Code § 1500 et seq.). If required, the City shallcomplete Exhibit D and verification of compliance with the fingerprinting and criminal background investigation requirements to District prior to every individual’s commencement of employment orparticipation in the City’s Program and prior to permitting contact with any pupils.

13. SAFETY OF PROPERTY.

13.1. safety Measures. The Premises may be monitored by a safety system or protocol implemented, maintained, and operated by the Parties (“Safety Measures”). However, theParties specifically acknowledge, understand, and agree that the Parties are neither responsible for nor have the obligation to supply, provide, establish, maintain, or operate Safety Measures for the Premises. The Parties further expressly acknowledge and agreethat the Parties shall not be liable for and are hereby released from any and all responsibilityfor any damage, loss, or injury to the other Party or its personal property resulting or arisingout of any criminal activity (including, but not limited to, any damage, loss, or injury resulting from intrusions, petty theft, vandalism, or other similar acts) that may occur on or near the Premises, regardless of whether a Party was able to, actually did, or failed to provide notice to the other Party of a safety incident or situation occurring on the Premises which led tothe damage, loss, or injury. The Parties make no warranties or representations as to the safety or security of the Premises, or Safety Measures. Unless expressly agreed to by the Parties, the Parties shall be responsible, at its sole cost, for supplying, providing, establishing, maintaining, and operating its own safety measures, protocols, personnel, orsystems to encourage and ensure the security of the Party, its agents, officers, employees, licensees and invitees, and the Premises (“Party’s Safety Measures”); provided, however, that Party must obtain prior written approval from the other Party prior to employing the Party’s Safety Measures and provided that all of Party’s Safety Measures are compatible with the Safety Measures.

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13.2. Unsafe Conditions. Each Party is responsible for notifying the other of any Hazardous Materials (defined below) or Dangerous Condition (defined below) it discovers on thePremises so the Party or Parties may promptly remedy the unsafe condition. The Parties shall not cause or permit any Hazardous Materials or Dangerous Condition to exist on the Premises. A Party will promptly provide, pursuant to the “Compliance with All Laws” section of the Agreement, if the Party becomes aware of any Hazardous Materials on the Premises.

A Party will promptly provide notice, pursuant to the “Accident/Incident Reporting” section of the Agreement, if the Party becomes aware of any Dangerous Condition the Premises.

13.2.1. A “Dangerous Condition” is any condition of the Premises that creates a substantial risk of injury when the Premises, or adjacent property, is used with due care in areasonably foreseeable manner, as defined by Government Code section 830 et seq.

14. ACCIDENT/INCIDENT REPORTING. Each Party shall submit written accident/incident reports to the other Party as soon as practicable, but not more than twenty-four (24) hours, after the occurrenceof or a Party’s receipt of information or notice regarding any accident or incident that occurs on the Premises including related claims, arrest or criminal charges associated with that Party’s use of thePremises or Party’s staff working on the Premises. Submission of written accident/incident reports shall be made pursuant to the Section entitled “Notice.” Accident/injury reports shall also beverbally reported to the Party’s Maintenance Office during normal business hours and to the Party’scontact (as identified below) during non-business hours.

14.1. District contact during non-business hours: School Safety Division, (562)997.8101.14.2. City contact during non-business hours: Dave Hart, (310) 433-8387.

15. TERMINATION. This Agreement may be terminated for convenience or cause as specified below.

15.1. Termination for Convenience. Either Party may terminate this Agreement by written notification sixty (60) days prior to the effective date of the termination. Neither Party shallbe required to provide just cause for termination in the written notification.

15.2. Termination for Cause. Either Party may terminate this Agreement immediately for cause.

Cause shall include, without limitation:

15.2.1. Material violation of this Agreement by either Party; or15.2.2. Any act by a Party exposing the other Party to liability to others for personal injury or property damage; or

15.2.3. Either Party is adjudged bankrupt, makes a general assignment for the benefit of creditors, or a receiver is appointed on account of a Party’s insolvency.

15.3. Either Party may allow a period for the defaulting Party to “cure” the default, at the nondefaulting Party’s sole discretion. If Party terminates for cause, the other Party’s rights in the Premises shall terminate upon receipt of notice of termination from the Party. Anytermination under this Section shall not release a Party from the payment of any sum or Master Facility use Agreement Page 14 of 28Long Beach unified School District and city of Avalon payment for use of the Premises then due to a Party or from any claim for damages previously accrued or then accruing against a Party.

15.4. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to the Parties.

15.5. Upon termination of this Agreement, the Parties shall be responsible to restore the other Party’s Premises to its condition prior to the commencement of this Agreement with no damage thereto, reasonable wear and tear excepted.

16. SUSPENSION OF USE DURING GOVERNMENT MANDATED CLOSURES. Either Party may suspend use of the Sites and Premises immediately due to State and local government mandated closures (“Closure”) due to a pandemic or epidemic or other health concern, including COVID-19. Suchsuspension shall not be considered a default, breach, material violation or failure to perform underthe terms of the Agreement. Written notification of the closure shall be provided to the other Partyas soon as practicable, but in no event more than ten (10) days after the Closure. The FMC shall meet and confer periodically during the term of the suspension regarding when use of the facilities can resume. During the suspension, the Parties can terminate for convenience per Section 15.1 ofthe Agreement.

17. REMEDIES FOR BREACH. Any default in the performance of any terms or conditions of this Agreement, by either Party, shall constitute a breach of this Agreement. Excepting the circumstances discussed in Section 15.2, the non-defaulting Party shall provide thirty (30) daywritten notification to cure each and every breach identified in the notification. In the event that the defaulting Party fails to cure its default within such period of time, and subject to any conditions or obligations made applicable by the prior or continuing expenditure of grant funds in relation toany City Premises or District Premises, the non-defaulting Party shall have the right to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a Party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver ofeither that term or condition or any other term or condition of this Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both Parties. Arbitration ofdisputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all Parties.

18. INDEMNIFICATION. To the fullest extent permitted by California law, each Party shall defend, indemnify, and hold harmless the other Party and its board members, representatives, officers, officials, consultants, employees, trustees, volunteers, agents, and invitees from and against any and all loss, liability, damage, or expense, including any direct, indirect, or consequential loss,liability, damage, or expense, for injury or death to persons, including employees of either Party,and damage to property, including property of either Party, arising out of or in connection with intentional, willful, wanton, reckless, or negligent conduct resulting from the use, conduct, or anyactivities of a Party related to this Agreement. However, neither Party shall be indemnified herein for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct.These Indemnification provisions are independent of and shall not in any way be limited by the Master Facility Use Agreement Page 15 of 28Long Beach Unified School District and city of Avalon Insurance Requirements of this Agreement. Approval of the Insurance contracts required by this Agreement does not in any way relieve the Parties from liability under this Section.

19. INSURANCE.

19.1. Insurance is to be obtained from insurer(s) with a current AM. Best Insurance rating of no less than A-minus: VII and subject to each Parties approval. Each Party shall furnish the other with the original certificates and amendatory endorsements effecting coverage required. Alternatively, if either Party is self-insured, the insurance requirements may be satisfied through the Party.

19.2. Each Party acknowledges that the insurance to be maintained by the Parties on the Sites will not insure any of Party’s property or improvements made by Party.

19.3. Each Party, at each Party’s expense, shall obtain and keep in force during the term of this Agreement a policy of commercial general liability insurance, an excess liability/umbrella policy and a comprehensive auto liability policy insuring the other Party as an additionalinsured against claims and liabilities arising out of the operation, condition, use, modification, maintenance, or occupancy of the Sites and all areas appurtenant thereto,including parking areas. Each Party’s comprehensive auto liability policy shall insure all vehicle(s), whether hired, owned or non-owned.

19.4. Each Party’s commercial general liability insurance shall be at least as broad as the Insurance Service Office (ISO) CC 00-01 form and in an amount of not less than One Million dollars ($1,000,000) for bodily injury or death and property damage as a result of any one occurrence and a Two Million Dollar ($2,000,000) general aggregate policy limit. In addition,each Party shall obtain an excess liability/umbrella coverage policy in the aggregate amount of Five Million Dollars ($5,000,000). Each Party’s commercial auto liability policy shall be inan amount of not less than Five Million Dollars ($5,000,000) combined single limit.

19.5. The insurance carrier, deductibles and/or self-insured retentions shall be approved by each Party. Within five (5) days of the Commencement Date, each Party shall deliver to the otherParty a certificate of insurance evidencing the existence of the policies required hereunder and copies of endorsements stating that such policies shall:

19.5.1. Not be canceled or altered without thirty (30) days’ prior written notice to the other Party;

19.5.2. State the coverage is primary and any coverage by other Party is in excess thereto;

19.5.3. Contain a cross liability endorsement; and

19.5.4. Include an endorsement naming the other Party’s officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respectto liability arising out of the use of the facility, work or operations performed by or on behalf of either Party including materials, parts, or equipment furnished inconnection with such work of operations. General liability coverage can be provided in the form of an endorsement to the Party’s insurance (at least as broad as ISO Master Facility use Agreement Page 16 of 28Long Beach unified School District and city of Avalon Form CG 20 10 11 85 of if not available through the addition of both CG 20 10, CG 2026, CG 2033, or CG 2038 and CG 2037 if a later edition is used).

19.5.5. At least fourteen (14) days prior to the expiration of each certificate, and every subsequent certificate, each Party shall deliver to other Party a new certificate of insurance consistent with all the terms and conditions required in connection with the original certificate of insurance as described herein.

19.6. During the Term, each Party shall comply with all provisions of law applicable to the Party with respect to obtaining and maintaining workers’ compensation insurance.

19.61. Worker’s Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than$1,000,000 per accident for bodily injury or disease.

19.7. Each Party hereby grants to the other a waiver of any right to subrogation which any insurer of said Party may acquire against the other by virtue of the payment of any loss under such insurance. Each Party agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the Parties have received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of each Party for use of facilities and for all work performed by each Party.

19.8. The applicable insurance requirements above must be satisfied by any third-party administrators of the District or the City’s programs prior to use of the Premises.

20. SIGNS. The Parties may, at a Party’s sole cost, and at the Owning Party’s sole discretion, place a temporary sign or signs on the Premises to provide appropriate information regarding the Party’s uses, provided the Party obtains the prior written approval and consent of the other Party of all aspects of any sign, including the location, size, verbiage, and appearance of each sign. The other Party’s approval and consent shall not be unreasonably withheld. Any signs shall be at a Party’ssole cost and in compliance with the local ordinances pertaining thereto. In connection with the placement of a Party’s signs, the Parties agree to cooperate with each other in obtaining any governmental permits which may be necessary. Throughout the Term of this Agreement, the Party placing the sign shall, at its sole cost and expense, maintain the signage and all appurtenances in good condition and repair. At the termination of this Agreement, that Party shall remove any signs which it has placed on the Premises and shall repair any damage caused by the installation or removal of its signs.

21. SURRENDER OF AGREEMENT NOT MERGER. The voluntary or other surrender of this Agreement by a Party, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the other Party, terminate all or any existing rights of third parties acting through such Party and thisAgreement to use the Premises.

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23. NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing, and personally delivered by overnight delivery service, addressed as follows:

If to City:

City of Avalon
P0 Box 707
Avalon, CA. 90704
Attn. Community Services Supervisor
If to District:

Long Beach USD — Facilities & Development Planning2425 webster Avenue Long Beach, CA 90810
Attn: Business Services Administrator
Any notice personally given shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight deliveryservice. Any notice sent by USPS shall be effective within three (3) business days following delivery thereof to USPS.

24. SUBCONTRACTING AND ASSIGNMENT. The Parties shall not have the right, voluntarily or involuntarily, to assign, license, transfer or encumber this Agreement. Any purported transfer shall be void and shall, at the other Party’s election, constitute a default. No consent to transfer shall constitute a waiver of the provisions of this Section. Neither Party shall subcontract any required performance under this Agreement without the prior, written consent of the other Party.

25. ENTIRE AGREEMENT OF PARTIES. This Agreement sets forth the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

This Agreement may be amended or modified only by a written instrument executed by both Parties.

26. CALIFORNIA LAW. This Agreement shall be governed by, and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with, the laws of the State of California.

The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Los Angeles County, California.

27. COMPLIANCE WITH ALL LAWS. The Parties at their own expense comply with all requirements of all governmental authorities, including applicable District Policies and Procedures, in force either now or in the future, affecting the Premises, and shall faithfully observe in their use of the Premisesall laws, regulations and ordinances of these authorities, in force either now or in the future including, without limitation, all applicable federal, state and local laws, regulations, and ordinances pertaining to air and water quality, hazardous material, waste disposal, air emission and other environmental matters (including the California Environmental Quality Act (“CEQA”) and its implementing regulations) and the other Party’s Use Policies, rules and regulations relating to same (“Environmental Laws”).

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Long Beach unified School District and city of Avalon

27.1. Violation. The judgment of a court of competent jurisdiction, or a Party’s admission in an action or a proceeding against a Party, whether the other Party is a party to it or not,that Party has violated any law or regulation or ordinance in their use of the Premises shall be considered conclusive evidence of that fact as between the Parties. If a Party fails to comply with any law, regulation or ordinance, the other Party reserves the rightto take necessary remedial measures at the non-compliant Party’s expense, for whichthe non-compliant Party agrees to reimburse the other Party on demand.

27.2. Hazardous Materials. The term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The Parties shall notcause or permit any Hazardous Material to be generated, brought onto, used, stored, ordisposed of in or about the Premises and any improvements by a Party or its agents, employees, contractors, subtenants, or invitees, except for limited quantities ofstandard office, classroom, and janitorial supplies (which shall be used and stored instrict compliance with Environmental Laws). The Parties shall comply with all Environmental Laws. The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) definedas hazardous or extremely hazardous pursuant to Title 22 of the California Code of Regulations, Division 4.5, Chapter 11, Article 4, section 66261.30 et seq., (ii) defined as a “hazardous waste” pursuant to section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. (42 U.S.C. 6903), or (Ui) defined as a “hazardous substance” pursuant to section 10 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Materials Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release, ordisposal of any Hazardous Material.

27.3. Notice of Hazardous Substances, The Parties will promptly notify each other in writing if a Party has or acquires notice or knowledge that any Hazardous Substance has been or is threatened to be, released, discharged, disposed of, transported, or stored on, in,or under or from the Premises in violation of Environmental Laws. The Parties shall promptly provide copies to each other of all written assessments, complaints, claims, citations, demands, fines, inquiries, reports, violations or notices relating to theconditions of the Premises or compliance with Environmental Laws. The Parties shall promptly supply each other with copies ol all notices, reports, correspondence, and submissions made by a Party to the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and any other local, state,or federal authority that requires submission of any information concerning environmental matters or Hazardous Substances pursuant to Environmental Laws. The Parties shall promptly notify each other of any liens threatened or attached against the Premises pursuant to any Environmental Laws.

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27.4. Inspection. Each Party and the Party’s agents, servants, and employees including, without limitation, legal counsel and environmental consultants and engineers retained by that Party, may (but without the obligation or duty to do so), at any time and from time to time, on not less than ten (10) business days’ notice to the other Party (except in the event of an emergency, in which case, no notice will be required), inspect thePremises to determine whether a Party is complying with the Party’s obligations set forth in this Section, and to perform environmental inspections and samplings, during regular business hours (except in the event of an emergency) or during such other hours as the Parties may agree.

27.5. Indemnification. Each Party shall indemnify, defend (by counsel reasonably approved in writing by the other Party), protect, release, save and hold harmless the other Party from and against all Claims arising from any breach of a Party’s covenants under this Section 26.

28. ATTORNEYS’ FEES. If either Party institutes legal action to enforce its rights under this Agreement, in whatever forum, public or private, each Party shall be solely responsible for its costs and attorney’s fees and no court shall have authority or jurisdiction to rule or order contrary to thissection.

29. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

31. COUNTERPARTS. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

32. CAPTIONS. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

33. SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreementshall be determined to be invalid, illegal, or unenforceable in any respect under the applicable law,such provision shall be severed, and the remaining provisions shall continue as valid, legal andenforceable.

34. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals and each Site-Specific Exhibit attached hereto are incorporated herein by reference.

35. AMENDMENT AND MODIFICATION. This Agreement, or any exhibit attached hereto, including Site-Specific Exhibits, may be amended in writing signed by both City and District. City’s Council and District’s School Board must approve this Agreement and Exhibits and any changes,amendments, or modifications thereto.

Master Facility Use Agreement Page 20 of 25Long Beach unified School District and city of Avalon

36. NONDISCRIMINATION. Neither Party shall discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis prohibited by law in the operation of any of their programs or employment practices. The Partiesaffirm they are equal opportunity employers and shall comply with all applicable federal, state andlocal laws and regulations.

37. BOARD APPROVAL. This Agreement and all amendments and modifications are not valid or binding until the approval and/or ratification by District’s Board and City’s governing body.

38. AUTHORITY. The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

39. DRAFTING PARTY. This Agreement is created as a joint effort of both Parties and shall not be interpreted against either Party as the drafter of the Agreement.

40. FORCE MAJEURE. In addition to specific provisions of this Agreement, performance by a Party shall not be deemed to be in default, and all performance or other dates specified in this Agreement shall be extended, where the Party seeking the extension has acted diligently and delays or defaultsare due to events beyond the reasonable control of the Party, such as but not limited to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; limitation of supplies; epidemics; quarantine restrictions; freight embargoes; lack of transportation; litigation; unusually severe weather; acts or omissions of another party; or any other causes beyond thecontrol of or without the fault of the Party claiming an extension of time to perform. Any governmental statute, order, regulation, rule, or equivalent preventing the use of any Premises as a result of COVID-19 shall not be considered an event beyond the reasonable control of a Party.

Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of thecommencement of the cause, if notice by the Party claiming such extension is sent to the other party within ten (10) days of the commencement of the cause.

Master Facility use Agreement Page 21 of 28Long Beach unified School District and City of Avalon ACCEPTED AND AGREED on the date indicated below:

Dated: 2022 Dated: • 2022LONG BEACH UNIFIED SCHOOL DISTRICT By: ________________________ CITY OF AVALON By:

Print Name: Print Name:

Print Title: Print Title:

APPROVED AS TO FORM:

By:

ATTEST:

By:

Scott Campbell, Esq.

City Attorney
[Name]
City Clerk
Master Facility Use Agreement Page 22 of 28Long Beach Unified School District and city of Avalon

EXHIBIT A

DESCRIPTION OF PERMITTED FACILITY USE
Facility Permitting Procedures
City of Avalon Facility Use Permitting Procedures.

A. Facility Use Permit requests must be directed to the Avalon Schools Athletic Director (“AD”). The AD will execute the appropriate Local League/Class Request Form, including the date(s) and time(s) for the requested use. The AD will then submit the executed formto the City Recreation Coordinator (“RC”).

1. The City’s Local League/Class Request Form is included within this Exhibit A.

2. Executed requests shall be submitted to the RC via e-mail at:

[email protected]
B. The RC will review the request and confirm the facility’s availability. When no conflict exists, the RC will schedule the District’s requested use and provide the AD written noticeof the approval.

C. The AD will notify the RC of subsequent changes to the requested date(s) or time(s).

II. Long Beach Unified School District Facility Use Permitting Procedures.

A. Facility Use Permit requests made to the District must be submitted through the online platform SchoolSpace. SchoolSpace manages the entirety of the District Facility UsePermit process and can be found here:https://longbeach schools pace. us/home B. The City must register for a SchoolSpace account which it will use for all future Facility Use Permit requests.

C. The City will then complete and submit a short questionnaire identifying the location, date(s), and time(s) of requested use.

D. Permit requests which seek to use Avalon School property, are sent directly to the Avalon School Principal and Activities Director who will confirm the facility’s availability. When noscheduling conflict exits, the request will be sent to the District Permitting Department forfinal review and decision.

E. SchoolSpace will provide the City with permit request status updates regarding the District’s final decision.

Master Facihty use Agreement Page 23 of 28Long Beach unified School District and city of Avalon F. The above instructions can also be found here:
https://www. I bschools. net/Asset/Files/Pu rchasing/Faci lities/20 17/SchoolSpace- Public Instruction s-2017. pdf
Facilities Available for Permitted Use
Exhibit Facilities — Available UseNo.

A-i Avalon School Auditorium, Gymnasium, Sports Field, Outdoor Play Areas, Classrooms, Training Facilities, Designated Storage Area, Designated Parking
A-2 Avalon Multipurpose Sports Field, Courtyard, Restrooms, Spectator Joe Machado Field Seating, Designated Storage Area
A-3 Avalon Tremont Community Center, Kitchen, Parking Lot Hall
A-4 Avalon City Park Picnic Area
A-5 Avalon Kids Park Picnic Area
A-S Avalon City Hall City Council Chambers, City Hall Conference Room, City Hall Courtyard
A-7 Avalon Knabe Park Picnic Area
Master Facility use Agreement Page 24 of 28
Long Beach unified School District and city of Avalon
cO:mC T PEROON:

City of Avalon
Rccs-e,ttisn Dejii rt mont
1>0 Box 707
\vic,n, C.\ 0704
(310) 5l00220cxt. 231

LOCAL LEAGUE/CLASS FACILITY REQUEST FORM
ADDREI.L PC OX HOME PHONE
PHONE- CELL PHONE:

Ar)DCION;I REQLET3 : :coebo,itd -

WAIVER REQUIREMENT
Al. eachc ::t,::ik:t::<:: .0; of rcn.;r.c:r.bcs who 3cc ininot; musr hare a ;v:v;: c-f hahthrv font> ci: : ivri:the Fccu.i r:o:-. Dcc’a:tnca: fl o:dct to L::

GUIDELINES FOR APPROVAL
Ifaq’:ovei ailaj’1’h.ra.’e Coy of Avio:: Near;ac & RL:s; :m:r b- foilv;cd by Li In a:cet :0 >‘Vc:t:r.( to o::i C: ti r: ?n1en te ;crv; t:w ::ic to ,:>c;i ;Jud;dcd acrLnrtc%enw c.i:wcathr
:nav b-c do:ei en ,thcdt1c3 4r: fe. :0. ri:r:u::.c This wL :in:u .‘c ob:ccvcd b. .C ‘.1:::ap.i:>:u If pco:t :01 :‘:;:‘ntr itazeto.::. to be uLn a12:k-: donn a clot uie day. rio tcnur..mng seaton be o.incdied and Li 0 ‘aod cii .>v.oL rhr;n::u:; the akeady r:nbhri”.cd F.oir-; Utaee Tic ai’:’i:ca:irac en rc,1’onsiLthrv fr: rue .rci.: La’ of ar1V n.bS:h at debtie eeneiatcd a the .:‘. .i of the duru: do tim: of aenvov The:pc :ue: -of ti-i: above ii: o3. even: :: f.i.r- retronnbic for :i-o ac::ciu t-ehivi::: of aL ecitonaci p.tti::c’ ui:: ;4avcrt or a:iv :0 :r oiOit:ct asare:uir of daznac by ri:a :cnoter of the oce hoed da::ctit:fa:I J tc:::ic in ur :cd,a:c :cnnuunoii of :s cv::>:. Ti::: c: :n.i;::o: ;vC N ;uade b: Coy of:Xi pe::o:ui.rlAPPROVED El:

I luve read arid undczstzid the turns ofthis aecnent
DATE:

DATE:

Master Facility Use Agreement
Long Beach Unified School District and City of Avalon

Page 25 of 28 ends

LEAGuE CLAY: A!ii•LocATIc:REuEl.TED fl ;c Naju.rrrF>c:d ] Ttcnio::t Hat DAY: _________________________ TIME: _____________ ‘Aoa.rh a : to h-: to n; rrac:icedav:&:u to: :it1o -ti- . & no—cc:

EXHIBIT B
Facilities Available for Joint-Use
Exhibit Facilities Available UseNo.B-i Avalon School Auditorium, Gymnasium, Sports Field, Outdoor Play Areas, Classrooms, Training Facilities, Designated Storage Area, Designated Parking
B-2 Avalon Multipurpose Sports Field, Courtyard, Restrooms, Spectator Joe Machado Field Seating, Designated Storage Area
B-3 Avalon Tremont Community Center, Kitchen, Parking Lot Hall
B-4 Avalon City Park Picnic AreaB-S Avalon Kids Park Picnic AreaB-6 Avalon City Hall City Council Chambers, City Hall Conference Room, City Hall Courtyard
B-7 Avalon Knabe Park Picnic Area
Master Facility Use Agreement Page 26 of 28Long Beach unified School District and city of Avalon

EXHIBIT C
Facilities Available for Reciprocal Use
Exhibit Facilities Available Use
No.

C-i Avalon School Auditorium, Gymnasium, Sports Field, Outdoor Play Areas, Classrooms, Training Facilities, Designated Storage Area, Designated Parking
C-2 Avalon Multipurpose Sports Field, Courtyard, Restrooms, Spectator Joe Machado Field Seating, Designated Storage Area
C-3 Avalon Tremont Community Center, Kitchen, Parking Lot Hall
C-4 Avalon City Park Picnic AreaC-S Avalon Kids Park Picnic Area C-6 Avalon City Hall City Council Chambers, City Hall Conference Room, City Hall Courtyard
C-] Avalon Knabe Park Picnic Area
Master Facility Use Agreement Page 27 of 28Long Beach Unified School District and city of Avalon

EXHIBIT D

CRIMINAL BACKGROUND

INVESTIGATION/FINGERPRINTING CERTIFICATION
Education Code. The undersigned does hereby certify to the governing board of District as follows:The undersigned is an authorized representative of the City currently under Agreement for use of District property as described in the Agreement; the undersigned is familiar with the facts herein certified and is authorized and qualified to execute this certificate on behalf of the City.

The City certifies it has complied with the fingerprinting requirements of Education Code section45125.1 with respect to all City’s employees who interact with District pupils outside the immediate supervision and control of the pupil’s parent or guardian or school employee, and the California Department of Justice has determined (per the DOJ process for Applicant Agencies described more fully on its website, located at: http://oag.ca.gov/fingerprints/agencies) none of those employees has been convicted of a felony, as the term is defined in Education Code section 43122.1. A complete and accurate list of City’s employees who may interact with District pupils during the course and scope of the Agreement is attached hereto.

2. Megan’s Law (Sex Offenders). The City has verified, and will continue to verify, City employees performing services are not listed on the State of California “Megan’s Law” Website (http://www.meganslaw.ca.gov/).

3. The City’s responsibility for background clearance extends to all its employees, subcontractors, and employees of subcontractors who may interact with District pupils regardless of whether they are designated as City employees or acting as independent contractors of the City.

Date:
____________________________________________________________ Proper Name of the City:
_____________________________________________________
Signature:
____________________________________________________________ Print Name:

Title:
________________________________________________________ [END OF DOCUMENT]
Master Facility Use Agreement Page 28 of 28
Long Beach unified School District and city of Avalon

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022 AGENDA ITEM: 5
ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: Devin Hart, Management AnalystSUBJECT: Public Hearing — Appeal of the Decision of the Vehicle Hearing Officer:

Denial of a Request for an Oversized Commercial Autoette RECOMMENDED ACTION(S): 1. Open the Public Hearing. 2. Receive Public Comment. 3.Close the Public Hearing. 4. Consider applicants appeal and determine to either a.) Uphold the decision of the Vehicle Hearing Officer; b.) Overturn the decision of the Vehicle Hearing Officer;or c.) Modify the decision of the Vehicle Hearing Officer.

REPORT SUMMARY: On May 19, 2021, John Jackson, on behalf of Eagle Electric, submitted an application for a new commercial autoette permit. The application also indicated Eagle Electric/Jackson was seeking an oversized vehicle. The application was considered by the Vehicle Hearing Officer on August 19, 2022.As there is no designation for an oversized” commercial autoette within the Avalon Municipal Code (AMC), the Vehicle Hearing Officer formally denied the request on August 24, 2022. See findings of fact and conclusions of Law attached hereto.

PerAMC Section 1-4.01 (b), Except as otherwise specifically provided in this Code, any person excepting to any decision made by any official of the City Pursuant to any of the provisions of this Code may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof.”
AMC Section 4-4.1703 identifies 9 types of vehicle permits:
- Residential Vehicle- Commercial Vehicle
- Residential Autoette
- Commercial Autoette
- Temporary Vehicle
The provisions for granting a commercial autoette permit are defined within AMC Section 4-4.1703 (c) as follows:

Commercial Autoette Permits. One commercial autoette permit may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterpriselocated within the City limits or within three miles of the City limits, without being subject to a waiting period, as follows:
- Public Service/Public Health and
Safety Vehicle
- Commercial Rental Autoette- Vintage Vehicle- Horse-Drawn Vehicle IlL The following findings must be made in an affirmative manner a. The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprise.
b. The commercial enterprise has no other vehicle, autoette or other source oftransportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes.
c.That the autoette measures no more than 130 inches in length, including thefront and rear bumpers.d.The commercial enterprise is a significant source of income to the applicant andnot a side business or hobby, or the Hearing Officer determines that shared use ofthe autoette by two or more businesses owned by the permittee is consistent withthe purposes and goals of this chapter, or the autoette is to be used on a full-time basis or an exclusive basis for a business venture or ventures by the permittee.

The Vehicle Hearing Officer made the finding that Eagle Electric/Jackson is eligible for acommercial autoette permit. However, the proposed autoette exceeds the maximum length ofan autoette. While the AMC allows for oversized vehicles (Section 4-4.1705.1), it does not allow for oversized autoettes. In case an autoette does not fulfill the needs of a business, the AMC allows for a commercial business to apply for a commercial vehicle permit. However, the current wait list for a commercial vehicle is significant.

In 2021, the City Council discussed autoette size during four regular City Council Meetings.Discussions resulted in redefining the length of an autoette from 120” to 130”. Additionally, per City Council direction, autoettes currently registered in the City of Avalon that exceeded the newly established 130” were granted “grandfathered” status on the condition that they would not be sold or registered to any other owner in Avalon. At the time the ordinance was adopted, 18autoettes were “grandfathered” —the largest autoette being 143”.

The autoette proposed by Eagle Electric, a Polaris Gem, is 55.5” wide by 146” long.

It should be noted the Polaris Gem does not meet the state established definition of an autoette and does not comply with the autoette or Low-Speed Vehicle/Neighborhood Electric Vehicle asdefined in either California Vehicle Code 385.5 or 49 CRE 571.500 as existed on January 1,2010.

City Staff supports the findings of the Vehicle Hearing Officer in as much as the decision isconsistent with the AMC.GOAL ALIGNMENT: Consistency in application of AMC.

FISCAL IMPACTS: There is no fiscal impact associated with this action.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council action may set a precedence for larger autoettes throughout Avalon further exacerbating congestion and parking issues.FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:
- Jackson Appeal Letter
- Vehicle Hearing Officer Findings- Vehicle Hearing Application- April 20, 2021 Staff Report — “Discussion Regarding Autoette Vehicle Lengths and Avalon Municipal Code”
- April 20, 2021 Minutes re: — “Discussion Regarding Autoette Vehicle Lengths and Avalon Municipal Code”
- 2021 Oversized Autoette List- AMC Vehicle Code
fo
C
(
Devin Thompson
From: John Jackson <jack-eagleelectric©sbcglobal.net>
Sent: Wednesday, October 12, 2022 7:38 AM
To: Devin Thompson
Subject: Re: Appeal to the City Council
I request an appeal to this decision of the oversized vehicle officer Kenneth Dapeer, who stated I did not qualify br this hearing as my vehicle is not oversized, just longer than the average golf cart. 1 want to get a Polaris gem. electric vehicle. There are many of these Polaris Gems that have been granted cit; stickers currently in town now. close to 20 of them. It is 8 inches longer than standard allowable length. I also have over night parking. I have an electrical business which requires me to move heavy items. I’ve gone through4 of these mini trucks and the terrible times of not being able to get parts as they are not allowed driven on the US roads. This is a nice quiet electric vehicle.

All of these Polaris Gems throughout town are built with the last 5 years and to he told the phrase ‘they are grandfathered in” is a lie told to discourage or simply to discriminate against inc from getting one. These Polaris Gems are vehicles the Cit; has alloed on the island for several years now. With California attempting to go electric by 2035 . I’m just trying to fall in line a little sooner.

Thank you
John Jackson
310-510-9239
Sent from AT&T Yahoo Mail on Android
On Mon, Oct 10, 2022 at 11:20AM, Devin Thompson
cdthompsoncityofavaIon. corn> wrote:

I—li Jackson.

Just checking in regarding your written request to appeal the ‘ chicle hearing olhcer s decision.

Please let me know ifNou have any questions.

I ould like lo please haxe your ritIen appeal in hand before the end of the (lay lomorro&. October 11. so it can be included with the Staff Report to the City Council.

CITY OFAVALON

VEHICLE PERMIT HEARING APPLICATION
Instructions: Please complete form providing as muck detail as possible to prove need for permit. Oral or written evidence may be included. Public Service applications must include written testimony by “City or County” administrators recommending issuance of permit. If an item does not apply please mark N/A. Sign and date where asked. Commercial permits require proof of current business license.
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NAME: E$A
STREETADDRESS: 321 MttcopOit
NAME OF BUSINESS:

CITY BUSINESS LICENSEII:
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RENEWAL
NEW

TRANSFEROVERSIZED
OTHER*

1. List all vehicles owned by the applicant or business. (I’rovide type of vehicle and license number). Circle personal (P) cornrncrcial (C) oversized (0) or public service (PS).

Altach additional sheets if necessary.

1. TYPE
__________
________

LICENSE
ac — LICENSE

LICENSE
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5. TYPE LICENSE P CO PS

1. APPLICATION FOR: Check appropriate box;

RESIDENT PERMIT

COMMERCIAL PERMIT

COMMERCIAL AUTOETTE PERMIT

INTERIOR RESIDENT PERMIT

INTERIOR COMMERCIAL PERMIT

PUBLIC SERVICE PERMIT

TEMPORARY PERMIT
OTHER
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PHONE: 3K) co 9j3’7
P.O.BOX: 203’(
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2. TYPE
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TYPE

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- - 2. Is there another vehicle or transportation source available to fulfill need? (Existing residential vehicle, commercial freight carrier, taxi, etc.). YES NOX

3. Describe how this vehicle is necessary to business functions.

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Provide location of overnight parking.

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Is business main source of income or percentage of earnings? ft4(AV Soucct O jV\CO’L

7. What type ofsupporting evidence are you including for proof of need? Written testimony may be attached to application.
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JOB LIST FOR COMMERCIAL AND TEMPORARY PERMITS
If this is a “Start-up” business is the vehicle necessary to begin operation? Please explain:
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I have read and understand the application, the conditions of the permit applied for and agrec to all regulations. I understand that the permit, if approved, is subject to revocation if the conditions of approval or the City of Avalon Vehicles Code isviolated.APPLICANT’S SIGNATU: DATE ç. .2 EMAIL: F9 &€ c+Iccbc b’

3. noT, ;i heer On 10 yQc1 S
if existing business please list jobs performed during prcvious six (6) months:

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List anticipated jobs for next six (6) nionths
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City ofAvalon
Santa Catalina Island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer

DECISION DENYING APPLICATION FOR A NEW OVERSIZED
COMMERCIAL AUTOE’17E PERMIT
APPLICANT:John Jackson / Eagle Electric
P.O. Box 2034
Avalon, CA 90704

FINDINGS OF FACT AND CONCLUSIONS OF LAW
I. In an application dated May 19, 2021, John Jackson, Applicant herein, applied for a new commercial autoette permit pursuant to Section 4-4.1703(c) of the Avalon Municipal Code for a commercial business which operates underthe name Eagle Electric. The application was also checked as requesting an oversized vehicle.2 The Hearing Officer considered the application at a duly noticed hearing on August 19, 2022, at which time both oral and written evidence was received.

John Jackson personally appeared. Rocio De La Cruz, Vehicle Clerk for the City of Avalon, was present on behalf of Avalon and participated at the hearing. The hearing took place in person at Avalon City Hall,3. Eagle Electric provides electrical contracting services in Avalon, Standard business activities include transporting materials, pipe, tools, ladders, wireand other heavy equipment. Applicant has been using a Vantage autoette.Eagle electric is a viable business, providing services to the Conservancy,Hamlton Cove, and the City of Avalon.

4. Mr. Jackson claims that Vantage autoettes are inadequate to serve hisneeds. His current vehicle breaks down frequently and parts are not readilyavailable.5. The proposed replacement is a Polaris Gem, but by his own admission, saidautoette is longer than the limit established under the code by several inches.Mr. Jackson points out several advantages of a Polaris Gem such as being electric, more durable, almost silent, and non-polluting. \\a}clI, ( ii> I all • 40 \‘ uhm Canvo R(IUcI • T’( ) 0 • \‘ak’n. ( \ ?ThJ4.ujj FelepliLne flt.5I0o2fl . lumiiI: 311) 510,INOI • \‘V\\.( twI\a1on.ctm

Page 2 of 3 ends

6. The applicant has overnight off-street parking available at the Cottonwood Laundry, and earnings from Eagle Electric is his sole source of income.

DECISION
The Hearing Officer does not dispute that the applicant is entitled to use a commercial autoette. Since the Applicant already has a commercial autoette permit, this hearing would not be required if the Applicant was merelyreplacing one autoette for another, provided the replacement was of a size permitted under the code, A simple replacement could be effectuated by the Vehicle Clerk.

However, the applicant seeks to use an oversized autoette, and there is no provision under the code that grants the hearing officer the authority to approve an oversized autoette, or to make exceptions to the maximum dimensions allowed under the code. Accordingly, this Hearing Officer is bound to deny the application notwithstanding any equitable factors that impact this Applicant. This decision does not otherwise revoke the current permit, and the Applicant remains at liberty to replace his current autoette with another that meets the size requirements of Section 4-4-1703(c) as amended in 2021. Applicant has elected to proceed with the hearing knowingthat this denial would likely occur.

A copy of the appeal rights is attached to this decision.

Dated: August 24, 2022
KENNETH B. DI(PEER
Vehicle Heaz-in Officer

Page 3 of 3 ends

PROOF OF SERVICE
I am a resident of the county of Los Angeles, State of California. I am over theage of 18 years and not a party to the within action. My address is 11500 W.

Olympic Blvd., Suite 550, Los Angeles, CA g0064-l524,
I served the foregoing document described as DECISION, etc., by depositing atrue copy thereon in the United States Mail in Los Angeles, State of California,on August 24, 2022, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows:

John Jackson / Eagle Electric
P.O. Box 2034
Avalon, CA 90704
Rocio De La Cruz, Vehicle Clerk
City of AvalonP.O. Box 707
Avalon, California 90704I declare under penalty of perjury that the foregoing is true and correct.

Executed on August 24, 2022, at Los Angeles, California.

IcJ\r (1\ / —- Mama Marr1ez, Declarant
1fllDfl8, 4:34 P1
CHAPTER 4- APPEALS
Sec. 1-4.0! Right to Appeal.
{a) Except as otherwise specifcally provided in this Code, anyperson excepting to the denial, suspension, or revocation of ii permit applied for or held by him pursuant to any decision made by any appoinrive Doard of the City pursuant to any of the provisions of this Code may appeal in writing to the Cnuncii by lin with the City Clerk a written notice of such appeal setting forth the specific grounds thereof.

Ib) Except as otherwise specifically provided in this Code, any person excepting to any administrative decision made by any official of the City pursuant to any of the provisions of this Code may appeal in writing to the Counci by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof.
(Amended by § I Ord. 620. eff. March I ,1976)
See, 1-4.02 Time Within Which an Appeal Shall be Filed.

The written notice of appeal shall be tiled with the City Clerk with:n flfteen (15) days after the receipt of written notice of such action appealed from.

I, Ord. 782, elf November 13, 1985)
Sec. 1-4.03 caring: Notice.

The (‘ity Clerk shall forthwith set such matter for a hearing before the Council at a subsequent regular meeting and shall cause a notice thereof to be given to the applicant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shalt show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the bearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

CHAPTER 4 - APALS
Pubhshec by CIerKBass
‘2O16 bi clerkbase No Claim to Dilinal Government Works r-,:ershg.com/Cc’Ie’I A’ aIo9- ca?books/000c Le’ _th Page I of

CITY OF AVALON CITY COUNCIL
MEETING DATE:

ORIGINATING DEP:

April 20, 2021
Adnunstration
ADENDAITEM:
____
CITY MANAGER: *)
PREPARED BY;
SUBJECT:

Devin Hart, Administrative AnalystDenise Radde, City Manager Discussion Regarding Autoette Vehicle Lengths and AvalonMunicipal Code RECOMMENDED ACTION(S); Discuss autoette lengths as outlined in the Avalon Municipal Code. Provide direction to Staff.

REPORT SUMMARY: During the February 16, 2D21 meeting of the City Council the City Council had a discussion on autoette lengths as defined by the Avalon Municipal Code (AMC).

During the February 16, 2021 meeting. the City Council directed Staff:
1, Allow autoettes currently on the Island to receive a “special temporary permits for a period of one year while the City determines exactly how many vehicles do not meet the current autoette deiinftion or qualify for the “Low-Speed Vehicle/Neighborhood Electric Vehicles” length exemption. Continue gathering data and making an informed analysis, and return for next steps.

2. To not allow any hew temporary permits be authorized for vehicles exceeding the length requirement as outlined in the AMC, “New permits” would he defined as autoettes not previously registered to the City of Avalon.

3. To not allow resale of Limo autoettes from commercial entities to residents.

4. To not allow Limo autoettes to he registered with the City if the vehicle was purchased after February 16, 2021.

The 2021 vehicle registration season ended on April 1, 2021. A total of registered during the vehicle season — 828 residential autoettes andautoettes. During registration it was discovered that approximately residential autoettes (16%) exceed the maximum length of 120 inches AMC as well as 115 commercial autoettes utilized for rentals, 1140 vehicles were
312 non-residential
179 residential/non
as described in the
- Total residential/non-residential autoettes that exceed 120’: 129 - Total CIVR/Haiiulton Cove Vacation Rental autoettes that exceed 120”: 50- Total rental vehicles that exceed 120’: 1 15 RentaI vehicles h-nie commercial autoette and commercial vehicle permits.

Excluding rental vehicles:
- Total number of vehicles that measure 121’— 125”: 62 35% - Total number of vehicles that measure 126”— 130”: 99 55% • Total number of vehicles that measure 131”— 135”: 7 4% - Total number of vehicles that measure 135”— 140”: 9 5%- Total number of vehicles that measure 140”— 145”: 2 1% Rental vehicles
- Total vehcIes that measure 128’: 6O- Total vehicles that rneasLlre greater than 128: 55*1 Commercial autoette stickers. ** Cunim1ercial vehicle sticker. All rentals are Yamaha.

By make (ExcludingOimercial
- Yamaha: 148 84%
- Sijzuki: 11 6%
- Club Car: 8 4%
- Total EZGO: ‘7 3%
- Other: 5 3%
o Diahatsu, EVE. GEM, Ka and Porter
As directed, City Staff informed auto dealers that no now temporary permits would be authorized for vehicles exceeding the length requirement as outlined in the AMC “New permits” would be defined as autoettes not previously registered to the City of Avalon Within the AMC, Chapter 4, Section 4.1714, establishes the maximum lengths and widths of vehicles permitted in Avalon. Per the code:

AUTOETTE — Shall mean any of the following: (1) a motor vehicle having three or more vfieels in contact with the ground, an un/eden weight of no inure than 1,600 pounds and an overall length of no greater than 120 inches including the front and bach bumpers, without regard to classification or designation of such vehicle by the Department of Motor Vehicles...

The AMC has an autoette length allowance for environmentally friendly “Low-Speed Vehicle/Neighborhood Electric Vehicles and a width allowance for “Mico-cars.” On February 2, 2010, the AMC was amended (Chapter 4, Section 4-4.1705 (b)(1)) to permit oversized ‘environmentally friendly vehicles:

Ar; autoette permit may be issued to an otherwise qualifiod person for an electric-power-ed autoette that meets rho definition of “Low-Speed Vehicle/Neighborhood Electric Vehicle” as defined in either California Vehicle Code 385.5 or 49 CER 571.500 as it existed on January 1, 2010, provided such vehicle is me gisterod wit/i the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a vikiti, of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or doorhandles.” The AMC was further revised on December 20, 2016 to permit micro-cars (Chapter 4, Section 4-4.1705 (b)(2)):

An autoette permit ‘nay be issued to an otherwise qualified person; for a SinadForTwo, Scion or ‘tnicro-cars” provided such vehicle is registered as a motor vehicle with the Cal/form i/a Department of Motor Vehicles and has a width of 67 inches or less, as n?easumed from the widest part of the vehicle, hut not including mirrors or door handles and a length no greatet that; 120. 1 Thches.

City Staff have determined that vehicles that exceed the pemitted length were previously permitted for a myriad of reason, including, but not limited to:
- Rental operators sold ovesized autoettes that were approved as commercial vehicles or had a full size sticker to residents.
- City Staff misinterpreted the vehicle code. (Measuring only the body of the autoetto versus the full length — bumper to bumper — or confusing gas autoettes for “LowSpeed Vehicles/Neighborhood Electric Vehicles’ as described in the AMC.) - Vehicles were approved as they met the AMC, but later modified to include a rear step, addiliorial row of seats or extended bumper.

City Staff is requesting direction horn the City Council in how to best proceed with vehicles that do not meet the requirements as outlined in the AMC.

Potential solLitions include:

1. Amend the AMC to redefine the length of an autoette. (greater than 120 inches)

2. Prohibit sales and any new permits for autoettes that exceed the maximum length as defined in the AMC. Allow autoettes currently on the island that exceed the maximum lengths as defined in the AMC to remain; however, prohibit sale of the vehicle to another owner. Once the vehicle exceeds its useful life with its current owner, it will be required to he removed from the Island,
I. If the total length approved by the AMO is not amended, Stat! note this direction will create an unrealistic administrative burden as monitoring the possession and potential resale of 265 autoettes is not feasible.

3. Maintain the AMC definition of autoette and require all autoettes that do not qualify for the “Low-Speed Vehicle/Neighborhood Electric Vehicles’ length exemption to be removed or otherwise be deemed illegal under the AMC autoette definition.

City Staff recommend redefining the length of an autoette to 130 inches. This solution will address 90% of the autoettes that do riot currently conform to the AMC.

If the City Council decides to amend the AMC, City Staff will bring a revised ordinance back to the Cty Council for a first reading on May 4, 2021. A second reading of the ordinance wouldtake place on May 16, 202’l. The ordinance would not go into effect until 30 days later. The 18 individuals that have received the special temporary permits have valid permits until next year and would therefore have 7 months to determine how to proceed without penalty.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not know how to proceed with vehicle registration.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENT:
- February 16, 2021 City Council Minutes
- Oversized Autoette List
- AMC Vehicle Code Sections:
o 4-4.1705
o 4-4.1717
- CaFifornia Department of Motor Vehicle Code.
• .i•.. bI
o 385.5o 49 GFR 571.500.o 21115o 211151(a)

CITY COUNCILJAVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES MINUTES APRIL 20, 2021
PAGE 23. Electric Bike Policy
Adopted Resolution No. 21-07 of the City Council of the City of Avalon Establishing Guidelines for the Approval of Electric Bicycle Transportation Permits.

PULLED ITEM
** The following item on the Consent Calendar was the City Council acting as theAvalon Municipal Hospital Board of Trustees **

4. Chief Executive Officer’s Board Report and Chief Financial Officer’s Narrative Analysis Received and filed the following reports:
• The CEO’s February and March 2021 Report• The CFO’s January and February 2021 Report Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

GENERAL BUSINESS

5. Tuna Club Lease
City Council directed Staff to amend the Tuna Club Lease and prepare for City Council approval with the following changes:
• 1) The City of Avalon and Tuna Club to enter into a new 20 year lease agreement with two, 10 year extensions, expiring in 2061.
2) Monthly Lease payments to include CPI. New lease is to start with the current CPI amount they are paying.

The City Attorney will research if the City can request the Tuna Club to submit a list ofthe their membership annually as part of the lease and a non-discrimination clause.

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

6. Discussion Regarding Autoette Vehicle Lengths and Avalon Municipal Code City Council directed Staff to make the following changes to the Municipal Code:

1. Maximum length will be increased to 130” effective immediately.

2. Any carts over 130” will be grandfathered. These golf carts cannot be resold or transferred and will receive a “special sticker” that says, “No resell or transfer allowed”.

3. Omit the weight of 1800 lbs. from the Municipal Code in the autoette definition.

4. Any golf cart that has not been permitted yet and is oversized (over 130”) will need to be removed from the Island.

Staff will continue communications with the two golf cart rental agencies to not allow for the resale of oversized commercial golf carts. Motion to approve made by Anni Marshall, seconded by Michael Ponce. (4 Ayes-Marshall1 Cassidy, De La Rosa andPonce, 1 No-Lavelle) .

OVERSIZED AUTOETTES REPORT 2021
3 Suzuki 1: 122’
4 Yamaha 122
S Suzuki 122”6 Suzuki 122”
7 Yamaha i))’
8 Yamaha 122’9 Yamaha 122
10 Yamaha 123
11 Suzuki 123’
12 Yamaha 123’
13 Suzu<i 123”
14 Yamaha 123’
15 Yamaha 123”
16 Suzud 123”17 Yamaha 123”
18 Yamaha 123”
19 Yamaha 123”
20 Yamaha 123’
1 2
Yamaha
Porter
121”
121”
21 Yamaha 123”
22 Yamaha 124”
23 Yamaha 124’
24 Yamaha 124”
25 Yamaha 124”26 Yamaha 124’
27 Yamaha 124”
28 Yamaha 124”29 Yamaha 124’
30 Yamaha 124’31 Yamaha 124’
32 Yamaha 124”33 Yamaha 124”34 Yamaha 124”
35 EZGO 124”
36 Suzuki 124”37 Yamaha 124”38 EZGO 124”
39 Club 124”40 Yamaha 124’
41 Yamaha 124”42 Yamaha 124”43 Yamaha 124”44 Yamaha 124”45 Yamaha 124” 46 Suzuki 124
47 Yamaha 12448 Yamaha 124”49 Suzuki 12450 Suzuki 124
51 Yamaha 12.5”52 Yamaha 125’53 Yamaha 225”
54 Yamaha 125”55 Yamaha 125”56 Yamaha 12557 Yamaha 125”58 Yamaha 125”59 Suzuki 125’ 60 Yamaha 125”61 Yamaha 125”62 Yamaha 125”63 Club car 126” 64 Yamaha 126”65 Yamaha 126”66 Yamaha 126”67 Yamaha 126”68 Yamaha 126”69 Yamaha :126’ 70 Yamaha 126”
71 Yamaha 326’72 EZCO 126”73 Yamaha 126”74 Yamaha 126”
75 Yamaha 126”
76 Yamaha 126’77 Yamaha 12678 Yamaha 126”
79 Yamaha 126’
80 Yamaha 126’81 Yamaha 126”82 Yamaha 126’83 Yamaha 126 84 Yamaha 126”
85 Yamaha 126”
86 Yamaha 126”8] Yamaha 126”88 Yamaha 126’89 Yamaha [2690 Yamaha 126”91 Yamaha 126”92 Yamaha 126”93 Yamaha 126” 94 Yamaha 126”
95 Yamaha 126’
95 Yamaha 126”
97 Yamaha 126”
98 Yamaha 126”99 Yamaha 126’
100 Yamaha 126”
101 Yamaha 127”
102 Yamaha 127’103 Yamaha 127”
104 Yamaha 127105 Yamaha 127”
106 Yamaha 127”
107 Yamaha 127”108 Yamaha 227”109 Yamaha 127”110 Yamaha 127” 112 Yamaha 127”
112 Yamaha 127’113 Yamaha 127”114 FZGO 127”
115 Yamaha 127”116 Yamaha 127”117 Yamaha 127”
118 Yamaha 127
119 Yamaha 127120 Yamaha 127”
121 Yamaha 127”122 Yamaha 127”123 Yamaha 127”124 Yamaha 128” 125 Yamaha 128126 Yamaha 128”
12] Yamaha 128”128 Yamaha 128”129 Yamaha 128”130 Yamaha 128’131 Yamaha 128’ 132 EGO 128”133 Yamaha 128”134 Yamaha 128”135 Yamaha 128”136 Yamaha 128’137 Diahatsu 128”138 Club 128”139 Yamaha 128”140 Yamaha 128”141 Yamaha 128” 142 Club Car 128
143 Yamaha 128”
144 EZGO 128”
145 Yamaha 128”146 Yamaha 128
147 Yamaha 128148 Yamaha 128’
149 Yamaha 128”150 Yamaha 128”
151 Yamaha 129’152 Yamaha 129”153 Yamaha 129’
154 Yamaha 129”155 Yamaha 129”
156 Yamaha 129”
157 Yamaha 130”158 Yamaha 130”159 Yamaha 130’160 Gem 130’ 261 Yamaha 130”162 Yamaha 131”163 Yamaha 132”164 Yamaha 133”165 Yamaha 134” 166 Club car 134
16] EZGO 134
168 Yamaha 134169 Club 136
170 club car 13711
171 Yamaha 137’
172 Yamaha 138’173 KIA 13811
174 EVE 138’175 Yamaha 138”
176 Yamaha 140”1?? Yamaha 140”
178 Yamaha 143”179 Club Car 143”
City of Avalon, CA
Thursday October 13, 2022
Chapter 4-4. Traffic
Article 17. Registration of Vehicles
§ 4-4.1701. Findings.

The Council hereby determines that there are special problems existing in the City relatng to the size and nature of the streets and the characteristics and nature of the City itself and, in view of thesespecial problems, the Council hereby determines that special rules regulating the size, number, noise, speed, and classes of vehicles used, permitted, or operated on the streets under its jurisdiction are necessary. In furtherance thereof, and in order to provide and maintain accurate and complete records and information upon which appropriate rules and regulations may be determined, the provisions of thisarticle are enacted. § 4-4.1702. Permit Required.[ 1, Ord. 962-99, eff. June 3,2000]No automobile, truck, motorcycle or autoette or horse drawn carriage shall be operated or parked on any public right-of-way within the City or on any privately owned property where the City has madethese regulations applicable to such privately owned property at the request of the owner thereof by designation thereof in Avalon Municipal Code § 4-4.1301, unless a vehicle permit has been obtainedtherefor in accordance with administrative procedures adopted by the provisions of this article. All permits must be renewed annually and shall expire 12 months after date of issuance or renewal. § 4-4.1703. Types of Vehicle Permits.[ 1, Ord. 823U; § 1, Ord. 824; § 1, Ord. 827U; § 1, Ord. 830, eff. September 15. 1988; § 1, Ord. 853, eff. January 4, 1990; § 1, Ord. 857, eff. June 14. 1990: § 1, 2, Ord. 907-94, eff. August4, 1994; § 3— 12, 22, Ord. 926-96, eff. March 7, 1996; § 2,5,6, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 971-99, eff.

November 4, 1999; § 1, Ord. 984-00, eff. September 14. 2000: § 1,2, Ord. 985-00, eff. September 14, 2000; Ord. 1008-02, eff. October 17, 2002; Ord. 1012-03, eff. May 15, 2003; § 1, Ord. 1033-05, eff. October 6, 2005; § 1, Ord. 1035-05, elf. Decemuer 30, 2005: § 1. Ord. 1040-06, elf. June 1, 2006; § 2. Ord. 1049-07. elf. March 22, 2007; § 1. Ord. 1063-07, elf. December 6, 2007; § 2, Ord. 1068-08, elf. April 17, 2008; § 1,2, Ord. 1081-08, elf. December 4, 2008; Ord. U-1112-12. elf. March 20, 2012; § 2, Ord. 1117-13, eff. May 2,2013] (a) Resident Vehicle Permits.
(1) Resident vehicle permits may be granted to any resident of Santa Catalina Island, for an automobile or truck to be used for personal and commercial activities of the permittee. No more than one resident vehicle permit shall be issued per household except that resident vehicle permits issued prior to April 18, 1989 may continue to be renewed by the holders thereof provided that residency is consistently maintained or, in the case of a nonresident, ownership of real property in the City of Avalon is maintained without interruption. (2) Resident vehicle permits issued to vehicles used exclusively for commercial purposes shall permanently expire on January 31, 1990 and shall no longer be eligible for renewal. Upon application therefor, and before April 1, 1990, such vehicles shall be issued commercial vehicle permits without the necessity of a hearing as would ordinarily be required under § 4-4.1703(b), except that after the initial one year effective term of such permits, all of the requirements of§ 4-4.1703(b) shall be satisfied as a prerequisite of reissuance of the permits. (b) Commercial Vehicle Permits. Commercial vehicle permits may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterpriselocated within the City limits or within three miles of the City limits, as follows:
(1) The following findings must be made in an affirmative manner:
a. The commercial vehicle for which a commercial vehicle permit is requested is necessary to the proper functioning of the commercial enterprise. b. The commercial enterprise has no other vehicle or source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and commercial autoettes.
c. That the weight, size and nature of the vehicle meets the specific needs of the applicant as presented to the City and is compatible with the size and nature of the streets of theCity and with respect to the characteristics and nature of an urbanized area consisting ofnarrow, steeply graded streets, significant pedestrian activity and a lack of parking spaces. d. The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the vehicle by twoor more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the vehicle is to be used on a full-time basis or exclusive basis for a business venture or ventures by the permittee.
(2) An applicant for a commercial vehicle permit shall hold a City of Avalon Business License at all times the vehicle permit is in effect.
(3) A commercial vehicle permit shall be valid for a period of one year only and at the expiration of said period, a new commercial vehicle permit may be issued only if all of the findings set forth in paragraph (1) hereof are made.
(4) The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.
(5) The permittee of a commercial vehicle with commercial permits shall have overnight off-street parking for the commercial vehicle and shall not be parked on any public street or right-of-waybetween the hours of 1:00 p.m. and 6:00 a.m. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this title. (6) Business entities or individuals whose activities are governed by Chapter 5-11 and Chapter 5- 14 of Title 5 of this Code shall register all vehicles used in connection with such activities in accordance with this subsection.
(7) Non-commercial institutional uses or entities may be issued a commercial vehicle permit pursuant to the provisions of this subsection but need not hold a city business license. (6) A commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation (i) for each valid commercial permit it surrenders to the City; or (U) for each instance its name comes to the top of the commercial waiting list and it declines to apply for a commercial vehicle permit. The credit may be redeemed for a commercial vehicle permit atany time and without reference to the commercial vehicle waiting list by the holder onapplication therefor if the holder meets all of the criteria set forth in subsection (b)(1),subdivisions a through d and has remained active and annually renewed its Avalon business license since the credit issued. In the event that the credit holder tails to annually renew the business license! the credit shall automatically expire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired credit. The Vehicle Clerk, on written request! shall retroactively apply this provision tothe period from May 15, 1989 to the effective date of this ordinance and issue a credit where he determines that a credit would have been due during that time period to a presently existing person or entity under these provisions.
(9) A restricted commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation which removes from service a passenger vehicle capable of transporting 50 or more persons which vehicle is used to provide sightseeing tours on Catalina Island. The credit shall be for the number of passenger seats of the vehicle removed fromservice. The credit may be redeemed for a commercial vehicle permit for a vehicle used for sightseeing tours which holds an equal or lesser number of seats as those credited, at anytime and without reference to the commercial vehicle waiting list by the holder on application therefor. it the holder meets all the criteria set forth in subsection (b)(1), subdivisions a through d and the holder has remained active and annually renewed its Avalon business license since the credit issued. The holder will continue to be credited for any remaining seats. In the eventthat the credit holder fails to annually renew the business license, the credit shall automatically expire upor the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expirea credit.
(c) Commercial Autoette Permits. One commercial autoette permit may be granted to any person! organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three miles of the City limits, without being subject to a waiting period, as follows:
[Amended 5-18-2021 by Ord. No. 1195-21, effective 6-17-2021] (1) The following findings must be made in an affirmative manner:
a. The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprse.
b. The commercial enterprise has no other vehicle, autoette or other source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes.
c. That the autoette measures no more than 130 ,nches in length, including the front and rear bumpers.
d. The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the autoette by two or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the autoette is to be used on a full-time basis or an exclusive basis for a business venture or ventures by the permittee.
(2) An applicant for a commercial autoette permit shall hold a City of Avalon Business License at all times the permit is in effect.
(3) A commercial autoette permit shall be valid for a period of one year only and at the expiration of said period a new commercial autoette permit may be issued only on timely application therefor and after all of the findings set forth in subsection (c)(1) and (2) are made. (4) The Hearing Officer or City Council may add conditions to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.
(5) Commercial autoettes permitted under this subsection (c) shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 12:00 am. and 6:00 p.m.
(6) Noncommercial institutional uses or entities may be issued a commercial autoette permit pursuant to the provisions of this paragraph but need not hold a City business license. (d) Temporary Vehicle Permits.
(1) A temporary vehicle permit may be granted to an applicant who demonstrates:
a. All of the following:
(i) A vehicle is needed within the City 09 a temporary basis for a specific project; (ii) The applicant does not intend for the vehicle to remain parked on public streets, ways or alleys in the City on a permanent basis;
(iii) No other permiffed vehicle or source of transportation can reasonably satisfy applicant’s transportation requirements;
(iv) If the vehicle exceeds the length and/or width Iimitatons set forth in § 4-4.1705, that the weight, length, width and nature of the vehicle is necessary for the proposed use, that a smaller vehicle cannot satisfy the applicant’s transportation requirements and that the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and the City Manager or Vehicle Hearing Office makes such findings; (v) The applicant possesses a valid Avalon business license and has paid applicable ‘e es.
b. The Hear ng Officer has denied the renewal of any permit under which the vehicle had been permitted in the City and an appeal to the City Council is pending; or c. An existing permit has expired and the permittee is awaiting a hearng date for renewal; or d. The permitted vehicle is removed from City streets for repair and a temporary replacement is needed while repairs are being made to the permitted vehicle: or e, The permitted vehicle is experimental and terms and conditions are imposed requiring its operation and removal;
f. The applicant has submitted an application to California State Department of Motor Vehicles for a handicapped parking permit, which temporary permit shall entitle the permittee to utilize handicapped parking privileges while waiting action thereon. The City shall utilize a special sticker to signify that the holder thereof is entitled to utilizehandicapped parking privileges and shall specify an expiration date not more than 30 daysafter the issuance date. g. The applicant is a nonresident owner of real property improved with a residential unit(s) which is not used for transient rentals. The temporary pem I may be issued only to a nonresident owner who is occupying such property and who would otherwse be required to comply with the provisions of subsection (g)(2) of this § 44.1703 regarding overnight parking on public streets and rights-of-way. Temporary permits issued pursuant to this subsection shall be for such period of time as determined by the City Council and shall beconditioned upon use of such autoette only by the permittee. h. The applicant owns and operates a business loca:ed in the Pebbly Beach area and the closure of Peboly Beach Road to pedestrans, most autoettes and motorcycles has resulted in a financial hardship, including but not limited to employee staffing, the ability to attract customers or transportation of materials and equipment, the applicant proposes to use the vehicle to transport employees, customers, equipment and materials to and from the business. As a condition of the permit, the permit issued pursuant to this subsection shall cease to be effective upon the reopening of Pebbly Beach Road to all autoettes and the vehicle shall be removed from Catalina Island within 15 days thereof unless the business operator is otherwise qualified for a permit for the vehicle. In addition, the temporarily permitted vehicle shall only be used for commercial purposes. i. Temporary vehicle permits issued pursuant to this section to local contractors and businesses shall be subject to the following additional conditions:
(i) The vehicle may only be parked on City streets, alleys or public ways during permitted building hours and days;
(ii) The vehicle may only ce used for the specific project or job described in a written application and no personal use is permitted;
(hi) The vehicle cannot be used in the interior unless the specific project or job requires interior travel as described in a written application;
(iv) The vehicle must be parked at the applicant’s business or warehouse location overnight when not temporarily permitted. Parking at an off-street residential locationdoes not satisfy this condition, (v) When in use, the vehicle must display a uniquely colored, laminated permit issued by the City bearing the job location and dates of validity. (vi) Payment of applicable fees.
(2) Except for permits pursuant to (d)(1 )h., the City Manager or his designee is authorized to issue temporary vehicle permits, effective (or a time period as determined to be appropriate by theCity Manager, but in no event for more than one month. The City Manager may issue no more than three temporary permits to any one applicant or for any one vehicle during any twelvemonth period. The foregoing limitations shall not apply to temporary permits issued pursuant to subsection 4-4.1703(d)(1)g to allow overnight parking on public streets and rights-of-way by nonresident property owners.
(3) Except with regard to temporary permits issued pursuant to subsection (d)(1)h which remain effective until Pebbly Beach Road is reopened, the Hearing Officer is authorized to issue aTemporary Vehicle Permit for a maximum period of six months, or in the case of a Temporary Vehicle Permit pursuant to subsection (d)(1)e for a maximum period of 12 months. Any such permit may be renewed upon the officer making the findings set forth in subsection (d)(1)a above.
(4) All vehicles with temporary vehcle permits shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way bet.veen the hours of midnight and 6:00 am,, unless otherw se provided in the permit. (5) The vehicle shall be used only for the purposes for which the permit is issued. Conditions may be attached to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto. (6) The Hearing Officer shall have the authority to impose a fine for violations of the conditions and terms of a temporary permit, up to a maximum of $100 for the first violation; $200 for the second violaton; and $300 for the third violation. In the case of temporary permits issuedpursuant to (d)(1), the Vehicle Hearing Office shall have authority to permanently bar an applicant from receiving future temporary cermits, Hearings on whether to impose such finesor permanently bar an applicant from receivng future temporary permits shall be conducted in the manner set forth herein for hearings.
(e) Public Service/Public Health and Safety Vehicle Permits. (1) Public service vehicle permits may be granted by the Hearing officer for any vehicle owned and operated by the City, the County of Los Angeles, the State or Federal government; by electric, gas, water, or telephone companies certified by the California Public UtilitiesCommission, or by a religious institution that owns real property in the City of Avalon, provided the applicant demonstrates that the vehicle meets specific needs of the institution which cannot be met through another vehicle or source of transportation. (2) Public health and safety vehicle permits may be granted to a private business for vehicles owned by such business if the Hearing Officer decides, based upon recommendation of any city or Los Angeles County agency! that such vehicle is reasonably necessary in order toprotect the public health and safety, and no other vehicle is reasonably available to fulfill such need. The Vehicle Clerk may grant a public health and safety vehicle permit to a privateindividual employed by the Long Beach Unified School Dstrict as a bus driver for a vehcle that is used by such person primarily for the purpose of traveling to the isthmus to provide such driving services.
(3) In granting such permits, the Hearing Officer shall determine whether an autoette will be sufficient to fulfill the public service/public health use, in which case the Hearing Officer shall solimit the permit. Even if the Hearing Officer determines that a full-sized vehicle is necessary, if the proposed vehicle to be permitted is oversized, the provisions of § 4-4.1705 shall apply. (4) Except as provided herein, Public Service/Public Health and Safety permits shall be valid for a period of one year only and may be renewed at the end of the period only if all of the findings set forth in subsections (1) and (2) are satisfied. The foregoing shall not apply to City or County law enforcement, fire and emergency service vehicles which are owned by and registered to the public agency. Permits issued prior to the effective date of this ordinance must be renewedon or before November 1, 2005. (5) In granting such permits, the Hearing Officer may impose such terms and conditions as appear appropriate to reduce the impact of the additional permitted vehicle, including but not limited tosetting specific class, length, parking and other limitations or restrictions. Except as provided herein, vehicles permitted under this paragraph shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless such vehicle is parked so as to be immediately available to on-call city or county law enforcement, fire, and emergency services personnel, on-call persons employed by electric, gas, water or telephone companiescertified by the California Public Utilities Commission, or on-call hospital personnel. The Vehicle Hearing Officer shall direct the Vehicle Clerk when to utilize special permits to identify avehicle bearing a public service permit which may not be parked on public streets between the hours of 7:00 p.m. and 6:00 am.
(1) Commercial Rental Autoette Permits. Business entities or individuals whose activities are governed by Chapter 5-11 and Chapter 5-14 of Title 5 of this Code shall register all autoettes used in connection with such activities and comply with subsections in accordance with this paragraph (c) (2), (4) and (5). Autoette permits may be granted for rental purposes to any person in possession of a valid permit under § 5-11.03, which permits shall continue to be effective until canceled by the holder thereof.
(g) Autoette Permits.
[Amended 4-7-2020 by Ord. No. 1187-20, effective 5-7-2020; 5-18-2021 by Ord. No. 1195-21, effective 6-17-20211
(1) Per Dwelling Unit. Except as provided in Subsection (g)(9), one, and only one, autoette permit may be granted per dwelling unit as defined in this chapter. The permit shall be issued only where the dwelling unit is located within the City limits and only to a person who actually occupies or resides in the dwelling unit. An owner of a dwelhng unit shall not be entitled to personally use an autoette permit issued for such unit unless the owner actually occupies orresides in the unit. Autoette permits may be requested by owners of hotels for transient occupants pursuant to Avalon Municipal Code § 5-11.03. In the event more than one autoette permit has been issued in connection with a dwelling unit to an occupant as of April 4, 1989, all but one of such permits shall not be eligible for renewal upon their normal date of expiration in 1993. An autoette permit that has previously been issued to an owner of a dwelling unit who does not actually occupy or reside in the subject dwelling unit is eligible for renewal if proof ofdedicated off-street parking for the autoette is provided. Such autoette permits may also be transferred to a person who actually occupies or resides in the dwelling unit, If proof of dedicated off-street parking is not provided during the five-year expiration period, such autoette permit held by a nonoccupant or nonresident owner shall expire five years from the date when renewal is sought and proof of off-street parking has not been provided. A hardship exception may be granted if the following criteria is met by a nonoccupant or nonresident owner:
a. The autoette is needed regularly, and the need cannot be met by other means of transportation or by parking the autoette remotely;
b. No off-street parking space is available for the vehicle on the dwelling unit’s premises or within a reasonable distance of the dwelling unit;
c. The dwelling unit’s garage or other parking space has not been converted to or placed in other use without City permission; and
d. Another vehicle regularly parked on the dwelling unit premises cannot be displaced without equivalent hardship.
(2) Per Vessel Used as Principal Place of Residence. One, and only one, autoeffe permit may be granted, per vessel, to a person who has established residency in Avalor by making the vessel his principal place of residence for at least nine months, sx o which have been while moored in the Avalon Harbor, and moored or anchored for the other three months within the adjacent waters from Long Point to Jew Fish Point, and who thereafter maintains the boat as his principal place of residence, moored within Avalon Harbor for at east six months of each year and within one mile of Catalina Island for the balance of the year. The applicant shall submit sufficient documentation to establish residency as set forth in § 4-4.1714(c). (3) Autoette permits may be granted to a homeowners’ association or similar nonprofit association pursuant to a condition of approval of a development project as a means of mitigating traffic and parkirg impacts created by the project. The association shall pool the permits for use by members of the association, who shall not be eligible to obtan individual autoette permits. (4) Persons owning real property improved with a residential unit(s) who are nonresidents of Avalon at the time of application for an autoette permit and who acquired such real property onor after September 2, 1988, shall not be permitted to park such autoette on any public street or right-of-way between the hours of 2:00 am. and 6:00 am. except as permitted by a valid temporary permit issued pursuant to Subsection (d)(1)g of this § 4-4.1703 or except where the permittee holds a valid handicapped parking permit issued by the California Department of Motor Vehicles.
(5) Autoette permits may be granted for rental or commercial purposes to any person in possession of a valid permit under § 5-11.03 and 4-4.1703(b) of this Code. (6) Resident vehicle permits may be used in lieu of an autoette permit upon compliance with the City’s regstration procedures.
(7) For purposes of Subsection (g)(1), “household” is defined in § 4-4.1714(d), and “dwelling unit” shall have the same definition as set forth in § 9-3.604 of Title 9, Chapter 3, Article 6. (8) All permits issued pursuant to Subsection (g)(1) and (2) shall expire on April 1 of each year, and the permittee shall be required to demonstrate compliance with the requirements of thistitle in order to renew same. (9) Autoette permits shall not be granted for “accessory dwelling units (ADU5)” or “junior accessory dwelling units (JADUs),” as defined in § 9-5.603 of Article 6 of Chapter 5 of Title 9 of the Avalon Municipal Code. (10)Autoettes registered and permitted between February 1, 2021, and April 20, 2021, that are greater than 130 inches but less than 145 inches are prohibited to be sold or transferred. Once the autoette exceeds its useful life with its current registered owner, it is required to be removed from the City.
(h) Vintage Vehicle Permits. One vintage vehicle permit may be granted to any resident of the City and to any person who resides in a residence within three miles of the boundaries of the City in exchange for a resident vehicle permit(s) upon proof of ownership of one or more vehicles which are each more than 30 years old. The permi: shall allow the permittee to use one such vehicle at a time and such permit shall be transferable to any vintage vehicle owned by the permittee. As a condition of the permit, the permittee shall provide overnight off-street parking for all vintagevehicles. (i) Horse-Drawn Vehicle Permits. A horse-drawn vehicle permt may be issued by the City Council on a showing by the applicant that the operation of the vehicle will not adversely impact traffic, health and safety. The City Council may limit the number of such permits, and may condition any permitissued to mitigate the impacts of operation, including but not limited to designating the streets on which the vehicle may be operated and the times and days of operation permitted. § 4-4.1703.5. Types of Permits Issued to Persons and Entities. 7, Ord. 962-99. eff. June 3, 1999; § 1, Ord. 1005-02. eff. April 18, 2002; § 2. Ord. 1027-04, eff. November 18, 2004; § 1, Ord. 1050-07, eff. March 22, 2007] (a) Interior Resident Vehicle Permits. An interior resident permit may be granted to the owner of any vehicle provided the owner resides in and the vehicle is permanently registered and garaged at anaddress more than three miles outside of the Citys jurisdiction and on Santa Catalina Island. The permit shall expire automatically should the vehicle or owner no longer meet these requirements.

Except as provided in paragraph (1) below, no more than two interior resident permits shall beissued per household. The maximum of two interior permits shall include those issued prior to April 18, 1989. While in the City, no vehicle bearing an interior resident vehicle permit shall be parked on any public street or public right-of-way between the hours of midnight and 6:00 a.m. Overnightparking of the vehicle within City limits, whether on public or private property, on more than an occasional basis, shall be grounds for revocation of such permit, unless the permit holder demonstrates good cause therefor. As used herein, good cause means unusual circumstances,such as family illness or similar circumstance, requiring a member of the permit holder’s household to remain within City limits for not more than three consecutive days. (1) Notwithstanding the two permit lim’t, the Vehicle Hearing Officer may issue additional interior resident vehicles to persons within the same household, provided the applicant and the vehicle otherwise meet the requirements of subsection (a) above, and the applicant demonstrates the following:
a. The transportation needs of the household cannot reasonably be met with the existing permitted or unpermitted vehicles;
b. Parking impacts of the additional vehicle(s) while in the City of Avalon are mitigated by appropriate conditions.

Any permits issued pursuant to this subsection (a)(1) shall be subject to annual renewal hear ings to determine whether the foregoing requirements continue to be met. (b) Interior Commercial Vehicle Permits. An interior commercial permit may be granted to any person, organization, partnership, trust or corporation whose primary commercial or institutional activities are conducted at an address on Santa Catalina Island outside of and more than three miles from the City of Avalon limits for use in connection with a commercial enterprise or institutional activity for any vehicle permanently garaged at an address on Santa Catalina Island, as follows:
(1) The following findings must be made in an affirmative manner: The applicant must make a sufficient showing that the interior commercial vehicle permit or permits requested are necessary to the proper functioning of the commercial enterprise and that no other vehicle owned or available to the applicant will satisfy the needs of the applicant’s enterprise. (2) The permit must be displayed and visible when the vehicle is within the City limits. (3) An interior commercial vehicle permit shall be valid for a period of one year only and at the expiration of said period, may be renewed only if the findings set forth in paragraph (1) hereof are made. Except as set forth in subparagraph (I) below, new permits shall be issued onlywhen an existing permit is revoked or is not renewed by the holder thereof. a. Application may be made and the Vehicle Hearing Officer may issue an interior commercial vehicle permit without reference to the waiting list only upon affirmative findingof all of the following:
(A) The equipment and other real or personal property used in the applicant’s commercial enterprise(s) are physically located at least four miles outside of the City of Avalon’s jurisdictional limits;
(B) The sole source of income to the applicant from businesses located on Santa Catalina Island, excluding rents, is from a business located at least four miles outside of the City of Avalon’s jurisdictional limits and the vehicle is necessary to the functioning of the business for reasons other than transportation of the applicant tothe business location; (C) The applicant shall not be entitled to any other full-sized vehicle permits or a commercial autoette permit, except that the applicant may be considered for a second interior commercial vehicle permit at such time that the applicant’s name appears at the top of the Interior Commercial Vehicle waiting list and the Vehicle Hearing Officer makes the affirmative findings set forth in (b)(1) above. (D) The applicant provides proof of the ability to comply with paragraph (b)(5) below. (4) The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adoptea pursuant thereto.
(5) All vehicles bearing an interior commercal vehicle permit shall have overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 7:00p.m. and 6:00 am, unless the commercial vehicle is otherwise authorized to be so parkedpursuant to the provisions of this title. (6) Non-commercial institutional uses or entities may be issued an interior commercial vehicle permit pursuant to the provisions of subsection (b) of this section. (7) Resident vehicle permits, interior resident permits and commercial vehicle permits issued to commercial vehicles which qualify for an interior commercial vehicle permit may be exchanged for an interior commercial vehicle permit during the 1991 registration period. Upon applicationtherefor, and before April 1, 1991, such vehicles shall be issued interior commercial vehicle permits without the necessity of a hearing as would ordinarily be required under this paragraph, except that after the initial one-year effective term of such permits, all of the applicable requirements of this paragraph shall be satisfieo as a prerequisite of reissuance ofthe permits. § 4-4.1704. Maximum Number
[ 12, Qrd. 926-96, eff. March 7, 1996; § 3, Ord. 1021-04, eff. November 18. 2004; § 1, Ord. 1082-08, eff. December 18, 2008; § 5, Ord. U-1151-16, eff. December 20, 2016; § 3, Ord. U-1152-11, eff. January 25, 2017; § 3, Ord. 1154-17] (a) Resident Vehicle Permits. Except as provided herein, a new resident vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of two such permits. A resident vehicle permit that otherwise would have expired or been nonrenewed as a result of the death of the permittee that is or may be transferred to a child of the permittee if the child establishes residency within oneyear as provided in § 4-4.1707(a)(2) shall be included and treated as if the permit was expired.

However, in no event shall the total number of resident vehicle permits issued and outstanding exceed a maximum established by resolution of the City Council. (b) Commercial Vehicle Permits. Commercial vehicle permits shall be issued only upon the expiration (including late fee period), surrender, nonrenewal or revocation of one of the same such permits, or upon the redemption of a permit for credit issued pursuant to the provisions of § 4-4.1703(b)(8). (c) Interior Resident Vehicle Permits. The number of interior resident vehicle permits issued and outstanding shall not exceed the maximum established by resolution of the City Council. (d) Interior Commercial Vehicle Permits. Except as set forth in § 4-4.1703.5(b)(3)(i), a new interior commercial vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of one of the same such permits.
(e) (Reserved)
§ 4-4.1705. Maximum Length and Width.
[ 2, Ord. 853, eff. January 4, 1990; as amended by § 14, Ore. 926-96, eff. Marcri 7, 1996; § 4, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 983-00 eff. September 14, 2000; § 1, Ord. 986-00, eff. Octooer 19, 2000; Ord. 1007-02, eff. October 17, 2002; § 1, Ord. 1067-08, eff. April 3.2008; § 1, Ord. 1096-10, eff. July 1,2010; § 2. Ord. U-1151-16, elf. December 20. 20161 Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officer finds, for non-autoette permits only, that (1) the weight, length, width and nature of a vehicle is necessary for the proposed use, (2) a smaller vehicle cannot satisfy the applicant’s transportation requirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and noise,no vehicle permit for any vehicle authorized by § 4-4.1 703 shall be issued nor transferred pursuant to § 4-4.1707, unless the vehicle satisfies the following size limitations:
(a) No full-sized vehicle shall exceed 200 inches in length, including front and rear bumpers or 80 inches in width as measured from the widest part of the vehicle, including but not limited to, mirrors and door handles;
(b) Except as specified in subsection (1) and (2) below, an autoette permit shall not be issued for any vehicle that exceeds 55 inches in width, as measured from the widest part of the autoette. (1) An autoette permit may be issued to an otherwise qualified person for an electric-powered autoette that meets the definition of “Low-Speed Vehicle/Neighborhood Electric Vehicle” as defined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles.”
(2) An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or “micro-cars” provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than 120.1 inches.

The foregoing shall not apply to any full-sized vehicle that exceeds the maximum length or width for which a resident vehicle permit (blue sticker) was issued as of January 1, 1989, and shall not pre vent renewal of such permits provided that the vehicle remains in the ownership and possession ofthe permit holder of record as of that date; nor shall it apply to any full-sized vehicle or autoette which exceeds the maximum width for which a vehicle permit was issued prior to June 1, 1999, and shall not prevent renewal of such permits provided that the vehicle remains in the ownership and possession of the permit holder of record as of that date.

All measurements specified above shall be based on the vehicle as originally equipped by the man- ufacturer pursuant to the requirements of California Vehicle Code § 28001. No vehicle that exceeds the length limitation specified above for which a resident vehicle permit or autoette permit, as appli cable, was f’rst issued after April 18, 1989 shall be parked on public streets between the hours of midnight and 6:00 am. No vehicle that exceeds the width limitat on specified above for which a res idence vehicle permit or autoette permit, as applicable, was first issued after June 5, 1999, shall beparked on pubhc streets between the hours of midnight and 6:00 a.m. § 4-4.1705.1. Replacement of Vehicles.
j 3, Ord. U-1151-16, eff. December 20, 2016; § 2, Ord. U-1152-17, eff. January 25, 2017; § 2, Ord. 1154-17] The holder of a valid vehicle permit may replace the vehicle with a vehicle in the same category, provided that the replacement vehicle is within the size limits established by § 441705(a). An oversized vehicle that has been issued an oversized vehicle permit may not be replaced by a larger vehicle. No exceptions to this oversized vehicle rule may be made by the Vehicle Clerk, the Vehicle Hearing Officer, or any other person.
§ 4-4.1706. Hearings.
15, Ord. 926-96, eff. March 7, 19961
Applications for the issuance, renewal, transfers or modification of permits or commercial vehicle creditsshall be submitted to a Vehicle Clerk, who shall be designated by the City Manager. Proceedings to review applicatons for vehicle permits and all other proceedings, except as otherwise provided, shall be conducted by a Hearing Officer appointed by the City Council. The Hearing Officer, and where applicable, the Vehicle Clerk, shall have the authority to act upon the issuance, renewal, transfer, modification and revocation of vehicle permits, commercial vehicle credits and imposition of finespursuant to the standards and criteria set forth in this article a9d pursuant to the procedures adopted by resolution of the City Council. Any decision of the Vehicle Clerk may oe appealed to the Hearing Officer,and any decision of the Hearing Officer may be appealed to the City Council pursuant to Chapter 1-4 ofTitle 1 of the Avalon Municipal Code, except a decision as to whether a hearing is required, which decision may be appealed to the City Manager who may decide such appeal on written statements only. § 4-4.1707. Transfer of Permits.
[ 17— 20, Ord. 926-96, eff. March 7, 1996; § 8, Ord. 962-99, eff. June 3, 1999; § 2,3, Ord. 983-00, eff. September 14, 2000; § 1, Ord. 1032-05, eW July 21, 2005; § 2, Ord, 1050-07, eff. March 22, 2007; § 1,2, Ord. 1079-08, elf. December 4, 2008]
As used in subsections (a), (c), (d) and (g), “transfer” means use of the permitted vehicle by anyone other than persons residing in the permit holder’s household on more than a temporary or occasional basis. As used in subsections (b), (c) (if the temporary permit is issued to for a commercial purpose), (f) and (i), “transfer” means use of the permitted vehicle by persons employed by the commercialenterprise to which the permit was issued for purposes which are not related to the commercial enterprise on more than a temporary or occasional basis, or the use of the permitted vehicle by personswho are not employed by the commercial enterprise or who are not members of the permittee’s household.
(a) Resident Vehicle Permits. No resident vehicle permit issued under § 4-4.1703(a) shall be transferred or assigned from the permittee to any other person or from the vehicle to which it is issued to any other vehicle, except where the transfer complies with all requirements applicable to the issuance of such a permit, except as provided below, including but not limited to § 4-4.1703(a) (1):
(1) The permit is transferred from a vehicle removed from the City or otherwise permitted under this chapter to another vehicle owned by the same person, except that under no circumstances shall the permit be transferred to a vehicle in excess of the size limitation of § 4-4.1705 unless the findings of that section are satisfied; or (2) The permit is transferred by operation of law or judicial decree (a) upon the death of the permittee to the permittee’s surviving spouse or a child of the deceased aged 16 years or older who is a resident of Avalon at the time of the decedent’s death or who establishes such residency within one year of the decedent’s death; or (b) on dissolution of marriage to one of the spouses, provided the spouse to whom the permit is transferred is a resident at the time oftransfer, or, if the permit was issued prior to April 18, 1989, the spouse is the owner of real property in the City. In cases where more than one child is qualified to receive a transfer under this provision but there is no will or other instrument specifying to which child the transfer will be made, and the children cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance.
(3) The permit was issued prior to April 18, 1989 and is transferred to an adult child of the permittee who is not living with the permittee, and who is a resident at the time of transfer of the resident vehicle permit.
(4) The permit is transferred oy will or other devise to his or her birth or adoptive parent, by an adult child who predeceases the parent, provided the parent is a resident at the time of death of the child. Where more than one parent is qualified to receive a transfer tinder this provision but the parents live in separate households and the child does not specify in a will to whichparent the transfer will be made, and the parents cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance. (b) Commercial Vehicle Permits and Credits. Commercial vehicle permits and credits shall not be transferred or assigned, except:
(1) Upon the sale or transfer of a commercial enterprise, or a portion of a multiple commercial enterprise which constitutes a separate and complete business subject to meeting the criteriacontained in § 4-4.1703(b); or (2) From one vehicle to another in ownership or lawful pcssession of the same permittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted urder this chapter, the new vehicle is used for the same business as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitation of § 44.1705, unless the findings of that section are sa:isfied.

Transfers or assignments pursuant to paragraph (b)(1) hereunder require a hearing pursuant to § 4-4.1703(b) prior to the transfer of the permit; transfers or assignments pursuant to paragraphs (a)(1), (2) and (3) and (b)(2) do not require a hearing except as otherwise required under § 4. 4.1705, except that the Vehicle Clerk may request documentation or other proof of qualification prior to a transfer under those sections.
(c) Temporary Vehicle Permits. No temporary vehicle permit shall be transferred or assigned. (d) Autoette Permits. Autoette permits shall not be assigned or transferred except:
(1) From one autoette to another in ownership or lawful possession of the same permittee, as long as the autoette from which the permit is transferred is removed from the City or otherwise permitted under this chapter, and the new autoette is not in excess of the size limitations of § 44.1705, or if the permit is issued and used pursuant to the conditions of approval of adevelopment agreement project pursuant to § 44.1703(f). Notwithstanding § 5-11.03, theowner of a rental urit in a residential dwelling who is otherwise entitled to the permit may grant use of the autoette without separate charge to any occupant of the rental unit during the rentalperiod, in which event the owner shall be responsible for ensuring compliance with all state insurance requirements applicable to such use. No person shall arrange or participate in theuse of an autoette by the renter of one household where the permit for the autoette was issued to a different household, except that this shall not prohibit a permittee or assignee fromallowing temporary use of the permitted vehicle by friends or family members.

Transfers or assignments hereunder do not require a hearing except as otherwise required under § 4-4.1705.
(e) Intentionally Omitted.
(f) Interior Commercial Vehicle Permits. Interior commercial vehicle permits may be temporarily transferred to other interior residents and other entities and persons which operate interiorcommercial business and institutions as determined by the holder of the permit.

Interior commercial permits shall not be assigned! except upon the sale or transfer of a commercial enterprise) subject to meeting the criteria contained in § 4.4.1703.5(b) (1). (g) Vintage Vehicle Permits. Vintage vehicle permits shall be trarsferaole by the permittee only to other vintage vehicles owned by the perrnittee. The permittee shall provide a list of all vintage vehiclesowned at the time of permit issuance. (h) Horse-Drawn Vehicle Permits. Horse-drawn vehicle permits are not transferable.(i) Commercial Autoette Permits. No commercial autoette permft shall be transferred or assigned. (j) Public Service Permits. Public service permits issued pursuant to § 4-4.1703(e) shall not be transferred or assigned except:
(1) From one vehicle to another in ownership or lawful possession of the same perniittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted under this chapter, the new vehicle is used for the same activities as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitations of § 4-4.1705, unless the findings of that section are satisfied.

Transfers or assignments hereunder do not require a hearing except as otherwise required under § 4-4.1705.
§ 4-4.1708. Revocation of Permits.
[ 3, Ord. 853, eff. January 4, 1990]The Hearing Officer, and the Council on appeal therefrom) have the power to revoke or suspend any vehicle permit granted pursuant to provisions of this article upon determining that:
(a) The permit holder has violated any provision of :[ls chapter or any conditions of permit approval. (b) The permit holder, following the issuance of the permit, has either been convicted of, entered a plea of nob contendere to, or failed to appear before the appropriate court with respect to a volation of this chapter.
(c) The permit holder of any resident vehicle permit, interior resident vehicle permit or autoette permit ceases to satisfy the residency or property ownership requirements contained in this chapter. (d) The vehicle is parked in an inoperable condition for a continuous thirty-day period on a public street.

Prior to any such revocation or suspension the Hearing Officer, and the Council on appeal therefrom, shall give the permit holder or his authorized representative an opportunity to present facts in opposition thereto. Upon any revocation, the vehicle shall be removed from the City within 30 days. § 4-4.1709. Modification of Conditions.

After a vehicle permit has been granted or renewed under this article, any conditions which may have been imposed upon the permit holder may be modified by the Hearing Officer upon application of the permit holder. Any such modifications may be made upon the officer’s determination that:
(a) The permit holder has demonstrated a necessity for the modifications. (b) The modifications will not be detrimental to the public health, safety and welfare. (c) The modifications are not contrary to the original intent of the initial approval. § 4-4.1710. Permit Affixing Regulations.

No person. firm or corporation shall affix a vehicle permit issued pursuart to this article to any vehicle other than the vehicle for which the permt was issued, except as permitted according to this article, nor shall any person, firm or corporation affix to any vehicle a permit not properly issued pursuant to thisarticle. § 4-4.1711. Penalty: General Provisions.Except as provided n § 4-4.1703(c)(6). a violation of any of the provisions of this article shall be a misdemeanor and shall be punishable by a fine of not more than $500 and/or imprisonment for a periodnot exceeding six months. § 4-4.1712. Penalty: Alternative Provisions.
[ 2, Ord. 1145-1 5, eff. December 17, 2015]
An operable vehicle which is found on a City street without a current bona tide City vehicle permit shall be subject to citation, impoundment, towing to, and storage in the nearest available safe place, or shallbe immobilized by a wheel lock. All costs incurred in impounding, towing, or immobilizing a vehicle shallbe borne by the vehicle owner. The subsequent disposition of such a vehicle shall be determined as follows:
(a) If such a vehicle is currently legally registered in any State in the United States, the City shall ascertain the owner’s address and notify same by certified mail with return receipt requested or by United States Postal Service Certificate of Mailing, that the vehicle is in violation of the City’s permit requirements and has been impounded or immobilized for such offense. The notice shall furtherinform the owner that he shall have 15 days from receipt of the notice to secure a permit from the City and that if no such permt is timely secured that the vehicle shall be shipped to the port of San Pedro and thereafter towed to and stored in the nearest available safe place. The owner or owner’s authorized representa:ive shall be able to resecure possession of such vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle, lithe owner or owner’s authorized representative does not so resecure possession wthin 30 days the vehicle shall be disposed of pursuant to Civil Code § 3068.1 et seq. (b) If such a vehicle is not currently registered in any State of the United States, it shall be kept in a sale place for 30 days and, if not claimed by such time, shall be deemed an abandoned vehicle anddisposed of pursuant to California Vehicle Code Sections 222851 et seq. If the owner or owner’s agent does not claim the vehicle within 30 days. the vehicle shall be shipped to the port of San Pedro and thereafter towed to and storec in the nearest safe place. The owner or owner’s authorized representative shall be able to resecure possession of the vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle. If the owner or owner’s authorized representative does not so resecure possession within 30 days thevehicle shall he disposed of pursuant to Civil Code § 3068.1 et seq. § 4-4.1713. Vehicle Noise.[ 2, Ord. 977-00, elf. April 6,2000; § 1,2, Ord. 1053-07, elf. June 14, 2007] (a) Prohibited Installations and Noise Limits. It shall be unlawful for any person to own or operate an autoette which has a speaker or speakers or other Sound amplification device mounted, fixed or secured and directs or points the sound away from the occupants or toward the outside of theautoette. Except as provided herein, it shall be Unlawful for any person to operate an automobile, truck, motorcycle or autoette on any street or public right-of-way, or on any private street or right-ofway designated in § 4-4.1 301, and within the City limits, if the operation of said automobile, truck, motorcycle or autoette generates a sound level which is unreasonably loud, offensive, or excessive to a person with normal hearing sensitivity. A sound level which exceeds the following measurements shall be conclusive proof of an unreasonable sound level unoer this section: (1) Anymotor vehicle with a manufacturer’s gross vehicle weight rating of 6000 pounds or more and any combination of vehicles towed by such motor vehicle - 82 dB; (2) Any motorcycle other than a motor driven cycle - 77 dB; (3) Any other motor vehicle and any combination of vehicles towed by such motor vehicle - 74 dB.

Measurement of decibels levels shall be made pursuant to the testing procedLres set forth in subsection (b) herein.
(b) Testing Procecure.
(1) Instrumentation. Noise levels shall be measured by a sound level meter which meets ANSI

51.4 Type 1-IEC 651 or ANSI 51.4 Type 2-1EC651 requirements of the American National Standard Specifications for Sound Level Meters and which has been calibrated with an accuracy of + or - 0.5 dB within the time period recommended by the manufacturer. (2) Test Site; Local Conditions. Measurement shall be made after the vehicle travels for a distance of at least 20 feet and is at a constant speed of between 15 and 20 m.p.h. in an open spacewhich consists of a reasonably flat area made of concrete, asphalt, or other hard material having a high acoustical reflectivity. Ambient noise levels at the measuring site during such testing shall be at least 15 dB less than the maximum measurement permitted hereunder forthe vehicle to be tested. (3) Measurement. At least one measurement shall be made. Additional measurements may be taken if the vehicle to be tested is not driven at constant speeds or for the distance specifiedabove. The measurement shall be made by holding the instrument at waist level, directed atthe vehicle as it passes and from a distance of 25 feet from the vehicle. (4) Statement of Results. A test report shall be made which includes all relevant details regarding the testing, including identification of the vehicle tested, the type of vehicle, a description of abnormal conditions, the location of the test site, ground conditions and weather conditions, measurement instrumentation, location and orientation of the instrument, sound level determined by the test(s), and the background sound level a: each measuring point. (c) Violations. Violations of this section shall be punishable as ar infraction. All violations shall be subject to a correction notice in accordance with the provisions of Vehicle Code § 40610. A first violation shall be subject to a S50 fine: a second violation within one year shall be subject to a $75 fine; each additional violation within one year shall be subject to a $150 fine. In addition, no vehicle permit may be ssued for an autoette which contains sound amplification installations in violation of this section.
§ 4-4.1714. Definitions.
[ 2, Ord. 357, eff. June 14, 1990; § 2, Ord. 894-U-93, eff. March 23, 1993; § 2, Ord, 895-93, eff. May 6, 1993; § 20, Ord. 926-96, eff. March 7, 1996; § 3, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 976-00, eff. March 17, 2000; § 1, Ord. 982-00, eff. August 10, 2000; § 1, Ord. 990-01, eff. February 1,2001; § 2, Ord. 1055-07, eff. April 19, 2007; § 2, Ord. 1096-10, eff. July 1, 2010] The following words and phrases shall have the following meanings when used in this article:
(a) AUTOETTE — Shall mean any of the following: (1) a motor vehicle having three or more wheels in contact with the ground, and an overall length of no greater than 130 inches, including the front and back bumpers, without regard to classification or designation of such vehicle by the Department of Motor Vehicles, but shall not include any motor vehicle that is an “all-terrain vehicle as defined in California Vehicle Code § 111 or (2) a vehicle that qualifies for an autoette permit pursuant to the exceptions set forth in § 4-4.1705. Holders as of February 1, 2007, of a residential autoette permit issued for use of a motor vehicle which falls within the definition of “all-terrain vehicle” as set forthin California Vehicle Code § 111 shall be entitled to renew the permit, provided such vehicle is andcontinues to be registered with the Department of Motor Vehicles for use on public streets; however, these permits shall not be transferable, and purchasers or assignees of the vehicle shallhave no right or entitlement to a residential autoette permit for the all-terrain vehicle. The method ofmeasurement of autoettes shall be performed by the Vehicle Clerk in accordance with policies adopted by the City Council. The provisions of § 4-4.1705 regulating the width of autoettes shallalso apply. Autoettes which exceed the length limitation specified nerein that were permitted by the City prior to November 7, 1995, shall be exempt from the length limitations set forth herein. Theexemptions shall apply to the autoette, ‘-egardless of ownershp transfers. Vehicles classified asmotorcycles by the Department of Motor Vehicles which would be classified as “autoettes”hereunder but were issued a permit by the City prior to February 1, 2000, including a temporary permit pursuant to § 4-4.1703(d), shall be subject to the definitions and rules for “autoettes’ upon the transfer of ownership of the vehicles.
[Amended 5-18-2021 by Ord. No. 1195-21, effective 6-17-2021] (b) RESIDENT — Shall mean any person who maintains a principal place of residence within the boundaries specified in any provision under this article and who lives in such residence on more than a temporary, occasional or transient basis. Any person who spends in the aggregate more than nine months of any twelve-month period within the boundaries specified in any provision underthis article shall be presumed to be a resident thereof. However, this presumption may be overcome by proof that the person is within the boundaries specified in this article only for a temporary, transient, or occasional purpose even though the length of time during which the person is within the specified boundaries is greater than nine months. (c) PRINCIPAL PLACE OF RESIDENCE — Shall mean the place where a person resides when not called elsewhere for labor or some other temporary or special purpose and to which one returns and remains. When a person is called elsewhere for labor or some other temporary or special purpose, no one other than persons residing at the permit holder’s principal place of residence shall use the permitted vehicle. Violations of this provision shall result in revocation of the permitpursuant to the procedures specified herein. (1) The following are evidence of principal residency:
a. Voter registration at the residence address;
b. Homeowner or renter tax exemption or homestead declaration taken at the residence address;
(2) The following are further evidence of principal residency in the City:
a. Full-time employment in the City or its immediate environs (in the case of Resident Vehicle Permits);
b. Attendance of minor dependents at a primary or secondary school in the City; and,c. Declaration of residence in the City on tax returns or other official documents necessary to obtain a license, benefit or other privilege.
(d) HOUSEHOLD — Shall mean all persons residing in a dwelling unit. (e) OWNERSHIP OF PROPERTY — Shall mean a recorded interest in real property that consists of title, whether legal or equitable, held solely or jointly with others. § 4-4.1715. Administration.

The City Council shall adopt, by resolution, administrative procedures for the implementation and administration of this article and may amend said resolution from time to time. Said resolution may setfees for the issuance, renewal and transfer of permits pursuant to this article. The fees imposed shall be used to offset the costs of administering the vehicle permit program and to mitigate the City’s traffic and parking problems.

CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: ftLLjLL
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Consideration of Transportation Permit — Daniel Mello, dba Catalina Island Golf Cart Tours
RECOMMENDED ACTION: Discuss and provide direction to Staff. If consensus to approve is reached make the affirmative finding that the criteria set forth in Avalon Municipal Code Section 5-14.04 has been meet.

REPORT SUMMARY: This item was originally heard during the September 20, 2022 City Council Meeting. City Council requested the item be continued to a future meeting.

On August 16, 2022 Daniel Mello, dba Catalina Island Golf Cart Tours, submitted a Transportation Permit application to the City of Avalon to perform guided autoette tours.

The proposed route includes areas from the downtown area to Three Palms, Chimes Tower Road, and Botanical Gardens.

It is stated in the application that the business will operate year-round) during daylight hours or from 7:00 a.m. to 7 p.m. daily. The business will not have a brick-and-mortar location and be web based. Customer’s utilizing the service will be picked-up and dropped off at prearranged locations — such as hotels, vacation rentals, etc. The operation plan includes use of two golf carts — both requiring new commercial permits. If the transportation permit is approved, then will need to seek approval from the vehicle hearing officer. Upon approval, the commercially permitted vehicle will be required to have off-street overnight parking.

Avalon Municipal Code Section (AMC) 5-14.04 requires a hearing before the City Council to determine whether a transportation permit should be approved. Per the AMC Sec. 5-14.04 (b) Permits: Applications: Requirements.*
(b) The Council may grant a permit upon the proposed terms or upon terms other than those proposed. The Council shall make the initial permit grant, and the Vehicle Clerk may thereafter renew a permit if lie is able to make affirmative findings based on the criteria set forth below. If the Vehicle Clerk is unable to make the affirmative findings, he shall so advise the permit holder and set a hearing date before the Vehicle Hearing Officer, whose decision on the renewal shall be appealable to the City Council in accordance with the procedures set forth in Title 1, Chapter 4.:
(1) The applicant has presented facts demonstrating a necessity for the requested vehicle(s).
(2) The requested vehicle(s) is appropriate for the intended use and necessary, for the proper functioning of the applicant’s enterprise; (3) The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic safety, noise or air pollution;
(4) In view of the size and nature of the streets of the City and the character of the City itself, the requested vehicle(s) will not have a deleterious impact on the public health, safety, and welfare;
(5) There is no more suitable alternative vehicle than the vehicle(s) requested by the applicant that can satisfy its requirements.
(6) In the case of renewal only, the requested vehicle has been used and continues to be used in accordance with the terms and conditions of the permit.

At this time, three similar golf cart tour business are in possession of transportation permits — Avalon Local Tour, You be Driven, Catalina Guided Golf Cart Tours. To date, these three operations have had negligible impacts to traffic and/or congestion. No accidents or incidents resulting from the business have been reported to the City.

If approved by the City Council, the applicant must additionally meet the following conditions before a permit may be issued:
• Receive approval from the Vehicle Hearing Officer;
• Receive approval of a business license;
• Provide written permission from the Catalina Island Company to operate on private roads,
• Agree to limit pick up and drop off locations to hotels, rental units, or requested locations not to include the Cabrillo Mole. and
• Provide proof of insurance per the Avalon Municipal Code.

Upon renewal each year the Vehicle Clerk will evaluate if the business model has adversely added to the traffic, safety, and congestion in Avalon.

FISCAL IMPACTS: Potential for nominal additional revenue to the City through taxes.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Transportation application
13 PA!bizt
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kppiication Fee $236ff0
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Address
TradeName of Operation 4i4ir# J#MFCftr
Nature of Business, (Explain extent, character and manner in which proposed operation is to be conducted):

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-. City of Anion Application For Transportation Permit Date or Application Name of Applicani Address Phone/Email If Corporation: fl 4JfEL -osame of Corporation Date of Incorporation Place of Incorporation Address of Business Corporate (Jfflcers Nanie I
—
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Vehicles to be Used:

Year Model Body Type License Capacity
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Assignment:

Applicant agrees not Co assign permit, (if granted), in any manner whatsoever, iii whole or in pail, without prior wrttten permission of the Avalon City Council. Any attempted assignment in violation F this Section B shall he deemed void with no Three or effect.

Initial Datc/(/z
Proposed Dates/flours 0(0 nation:

Dates: i/i to Hours:0io?DO O
V6AR r-e
Routes:

Describe routes (attach map if necessary ilit Pc1? C. cITY 5772’a &s vhcee P4&n..ç cMJM6
—
___
Stops/Starts:

Proposed routes, points of discharge and pickup of passengers From: tothJ76t)P’ 141Z6 4 to 771/z&C.
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2 If my Permit Is Granted;
I agree to provide liability insu,a’ice naming the City olAvalon as un-insured in the amounts specified iii the Avalon Municipal (‘ode and keep such policy in force and effect during theentire term of the permit. Such policies of insurance shall contain provisions which prohibit muditication, nmccllation or lapse withou: thirty (30) days prior Written notice to the City of Avalon.

Initial Date _______ I agree to hold harmless, indemnify and defend the City of Avalon, its officers and employees from and against any and all claims, actions, damages, liabilities, expenses and judgments (including rcasonable attorneys fces) arising out ofor relating to the business or icti Vilies which I conduct pursuant to his permit.

Applicant D(A ,ka Date____
Dateflecelved .Ih12fl2 -or
Council Action
PermIl Application Fee Paid SI” Ck1A t_
Insurance
CityMgr:_
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CITY OF AVALON
RECVD BY: CALEGRIA 01000065198PAYOR: DANIEL MELLO
TODAY’S DATE: 08/16/22
REGISTER DATE: 08/15/22 TIME: 13:34

DESCRIPTION AMOUNT

OTHER LICENSES
& PERMI $262.00
CUST ID: 1.000
TOTAL DUE: $262.00
TENDERED; $262.00
CHANCE: $.00
2-CHECK ; $262.00
REF NUM: Transportation Per.

Avalon City CouncilOctober 18, 2022

Avalon City Council
October 18, 2022