AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 1, 2022— 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the publicinspection 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 OFAVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing socialdistancing.
Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the CityHall 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: www.cityofavalon.Com/meetinqs *Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on VouTube: https:flwww.youtube.com/CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://uso6web.zoom.us/j/8978988438 1 ?pwdNGJUeHdqbnBQK2tDdVE5MGZheWol UTO9
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/89789854381 ?pwd=NGJueHdgbnBOK2tDdVE5MGZheWol uTo9, even when submitting this request you will need to use the raise hand” feature via Zoom duringthe presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wishto provide comments. 1) Join Zoom Meeting via the internet:
URL: https://usoeweb.zoom.us/j/89789884381 ?pwdNGJUeHdpbnBQK2tDdVE5MGZheWo1 UTO9 Meeting ID: 897 8988 4381
CITY COUNCIL AGENDA
NOVEMBER 1, 2022PAGE 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: 897 8988 4381
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 CityCouncil consideration.
Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoomwebsite 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! CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS I MAYOR REPORTORAL 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 — None
CONSENT CALENDAR
1. Minutes
Although the live recording is the official record of public meetings. actions are preparedfor the Council’s approval.
Recommended Action
Approve minutes from the October 18, 2022 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $661,729.50.
o One payroll in the amount of $215,892.89.
o Two electronic fund transfers totaling $40,086.78.
Recommended Action
Approve total expenditures for October 10, 2022 through October 21, 2022 totaling $917,709.17.
CITY COUNCIL AGENDA
NOVEMBER 1, 2022PAGE 3
3. Findings to Continue to Hold Remote Teleconferencel’Jirtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council made findings pursuantto Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required,that the City Council determine that the COVID-1 9 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming November 15, 2022 meeting and thirty (30) days thereafter.Recommended ActionDetermine that the COVID-1 9 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.
4. Award Contract to Olaunu for Year 10 Compliance of the Small Municipal Separate Storm Sewer System (MS4) Permit
The City of Avalon has been designated as a permittee under the Small Municipal Separate Storm Sewer System (MS4) Permit. As part of compliance under Year 10 of theSmall MS4 Permit, the City is responsible for completion of certain requirements.
Recommended Action
Approve a contract with Olaunu for a not-to-exceed amount of $52,060 to assist the City of Avalon with compliance for Year 10 requirements of the Small Municipal Separate Storm Sewer System (MS4) Permit and make the finding that City of Avalon has satisfied the sole source requirements as specified in the Avalon Municipal Code (AMC).
PUBLIC HEARING5. Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Reguest 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 anoversized 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. Continue 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 theVehicle Hearing Officer; or b.) Overturn the decision of the Vehicle Hearing Officer.
CITY COUNCIL AGENDA
NOVEMBER 1, 2022PAGE 4
6. Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Request for Transfer of a Residential Vehicle Permit
Margaret Moore submitted an application to transfer a residential vehicle permit (also known as a blue sticker”) to her daughter, Melinda Moore Watson.
The request was considered by the Vehicle Hearing Officer on August 19, 2022. As Melinda Moore Watson is not a current resident as required by the transfer terms the request was denied.
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; or b.) Overturn the decision of the Vehicle Hearing Officer.
GENERAL BUSINESS
7. Fiscal Year 2021-22 Year-end Unaudited Financial Results The following financial report as of June 30, 2022 is presented for the City Council’s review. The purpose of this report is to compare actual revenues and expenditures over year-end estimates to provide updated reserve estimates, with the focus on General Fundand Harbor Fund activities.
Recommended ActionReceive and file the Fiscal Year 2021-22 Year-end Unaudited Financial Results Report.
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS
Property: Public Right of Way — Tremont Street (102 sq. ft.) Agency Negotiator: City of Avalon City Council
Negotiating Parties: City Manager and Cory Hoyt
Under Negotiation: Price and Terms of Payment
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
ADJOURN
NOTICE OF POSTING
I. Devin Elise Hart, declare that the City Council Agenda for Tuesday, November 1, 2022 was posted on Thursday, October 27, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
cpTh- CCqJ
Deviri Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 1, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: OLLkM._
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the October 18, 2022 regular City Council Meeting.REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.ATTACHMENTS:
1) October 18, 2022 Regular City Council Minutes.
AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 18, 2022 — 5:00 P.M.
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
MINUTES
Due to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OFAVALONS CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting inthe Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing socialdistancing.Council Chambers are open to a maximum 30 members of the general pubhc. Once the Council Chambers reach maximum occupancy, the general public may participate in OralCommunication and address the City Council on an agenda item in person by waiting in theCity Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19.Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon .com.CALL TO ORDER: 5:00 p.m.
ROLL CALL- Present via Teleconference and In-Person: Mayor Anni Marshall,Councilmembers Lisa Lavelle. Michael Ponce, and Mary Schickling. Also present: CityManager David Maistros, City Attorney Scott Campbell and Deputy City Clerk/Sr.
Administrative Assistant Gabrielle Morones. Absent: Councilmember Yesenia De La Rosa.WRITTEN COMMUNICATIONS-None.
PRESENTATION —Southern California Edison gave a presentation on Stage 1 Mandatory Water Conservation Update. Mary Schickling recused herself due to a Conflict of Interest.
CONSENT CALENDAR-There were 4 Items on the Consent Calendar. Mayor Marshall pulled Item #1 for a separate vote as she was absent at the October 4, 2022 City Council Meeting.
Motion to approve Items #2, #3 and #4 made by Michael Ponce, seconded by Mary Schickling.(4 Ayes-Lavelle, Schickling, Ponce and Marshall; 1 Absent-Yesenia De La Rosa)
2. Warrants
Approved warrants in the amount of $411,054.88, one payroll in the amount of $227,610.62, and four electronic fund transfers totaling $154,178.45 for a total expenditure of $792,843.95 for September 26, 2022 through October 7, 2022.
3. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974Adopted Resolution No. 22-52 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.
CITY COUNCIL MINUTES
OCTOBER 18, 2022
PAGE 2
4. Long Beach Unified School District (LBUSD) Master Facility Use Agreement Authorized the City Manager to execute a Master Facility Use Agreement with LBUSD and Avalon Schools.
PULLED ITEM
1. Minutes
Approved minutes from the October 4, 2022 regular City Council Meeting. - Motion to approve made by Michael Ponce, seconded by Mary Schickling. (3 Ayes-Lavelle, Schickling and Ponce; 1 Abstention- Marshall; 1 Absent-De La Rosa)
PUBLIC HEARING
5. Appeal of the Decision of the Vehicle Hearing Officer: Denial of a Reguest for an Oversized Commercial Autoette
1. Mayor Marshall opened the Public Hearing. 2. Public Comment was received from the applicant John Jackson. 3. Mayor Marshall closed the Public Hearing.
Mayor Marshall made a motion to overturn the decision of the Vehicle Hearing Officer.Motion died.City Council directed Staff to hold over the item and place on a future agenda when allCity Councilmembers can be present to discuss the item.Motion made by Lisa Lavelle, seconded by Mary Schickling. (4 Ayes-Lavelle, Schickling, Ponce and Marshall; 1 Absent-De La Rosa).
GENERAL BUSINESS6. Consideration of Transportation Permit — Daniel Mello, dba Catalina Island Golf Cart Tours
City Council made the affirmative finding that the criteria set forth in Avalon MunicipalCode Section 5-14.04 has been meet and issued a transportation permit with thecondition that one residential autoette may be used.
Motion to approve made by Anni Marshall, seconded by Michael Ponce.(4 Ayes-Lavelle, Schickling, Ponce and Marshall; 1 Absent-De La Rosa).
CLOSED SESSION-6:32 p.m.-7:14 p.m.
Following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Following Closed Session Mayor Marshall announced there was no reportable action.
CITY COUNCIL AGENDA
OCTOBER 18, 2022
PAGE 3Mayor Marshall adjourned the meeting at 7:14 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on October 18, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 1, 2022 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER:
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for October 10, 2022 throughOctober21 2022 totaling S917,709.17.
REPORT SUMMARY: These disbursements through October 2W are comprised of warrants totaling $661729.50, one payroll totaling $215,892.89, and other electronic fund transferstotaling $4008678.
ITEM DESCRIPTION AMOUNT DATE
; OF US BANK WARRANTS CK# 35031-35108 $ 661,72950 10/20/22 PAYROLL 215892.89 10/21/22
. EFT -CALPERS RETIREMENT 38,09931 10/20/22
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 198747 10/21/22 TOTAL DISBURSEMENTS $ 917,709.17
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
OCTOBER 102022- OCTOBER 212022 DISBURSEMENTS
November 1, 2022
ITEM DESCRIPTION AMOUNT DATE
SF US BANK WARRANTS CK# 35031-35108 $ 661,72950 10/20/22PAYROLL 215,89289 10/21/22EFT -CALPERS RETIREMENT 38,09931 10/20/22EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,987.47 10/21/22 TOTAL DISBURSEMENTS $ 917,109.17
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
1ST DAY OF NOVEMBER 2022 I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ANDCORRECT.
AUDIT COMMITTEE -LISA LAVELLE EXECUTED THIS 1ST DAY OF NOVEMBER 2022AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
OCTOBER 10, 2022- OCTOBER 21, 2022 DISBURSEMENTS
November 1, 2022
NAME
AAA OIL, INCAIR SOURCE INDUSTRIESALEGRIA, MICHAELAMAZON CAPITAL SERVICES, INC.AT & TAVALON BOAT STANDAVALON ENVIRONMENTAL SVCSAVALON FREIGHT SERVICES, LICAVALON MOORING & OIVUNG
BEYOND SOFTWARE SOLUTIONSBOYD, RAYBROWN, MARISACALPERS EDUCATIONAL FORUM CATALINA BEVERAGE COPACIFICA CATA,.ANCATALINA EXPRESSLONG. DAVID
CATALINA SLAND COMPANYCATALINA SLAND MEDICAL CENTERCATALINA SLAND MEDICAL CENTER
DAF-L TOM
DANGELO CODELL MARKETING UP.DELTA DENTALDION & SONS MARINE FUELS INCDIV OF ADMINSTRATIVE SERVICESDIVERSIFIED COMPOSITESEDISONESG ENGINEERINGESG ENGINEERING ESG ENGiNEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGFELTS, DANIEL GALLIVER,.IM
GALLS, LLCGRAINS ER
HIGH TIDE TRADERSHOEFS, PATRICIAICC GENERAL CODE, INC.
JORDAHL CONSTRUCTION
KATIE’S KITCHEN
FUEL - ALL DEPTS
SUPPLIES- FIRE
REIMB 0/P COSTS
SUPPLIES ALL DEPARTMENTSCOMMUNICATIONS ALL DEPARTMENTS
SUPPLIES - HARBORCONTRACT SERVICES, SWEEPER - 09/2022FREIGHT - ALL DEPARTMENTSSERVICE -HARBORCONTRACT SERVICES - ITREIMR 0/P COSTSRETIREE INSURANCE - 10/2022
TRAINING - ADMINSTRATION
SUPPLIES - ALL DEPARTMENTS
LODGING - SHERIFFS2ND HALF 09/2022
CONTRACT SERVICES - CDO
PARCELS - Y22, RE’JT - 10/2022EMPLOYEE SCREENING
SALES TAX PASS THRU
REIMB 0/P COSTS
SUPPLIES - PUBLIC WORSSUPPLIES - IT
DENTAL - 10/2022FUEL - HARBOR
QUARTERLY DUES -PLANNINGSUPPLIES - HARBOR
UTILITIES - ALL DEPARTMENTS
SERVICE -PUBLIC WORKSSERVICE -PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKS
SERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - PUBLIC WORKSSERVICE - RECREATION REIMB 0/P COSTS
UNIFORMS -FIRE
SUPPLIES -HARBOR/PUBLIC WORKS
UNIFORMS -HARBORREFUND - VEHICLE FEE
SERVICE, ANNUAL FEE - ADMINISTRATION
PROGRESS PAYMENT 2
SENIOR MEALS - 09/2022
DESCRIPTION
CHECK DATE
NUMBER ISSUED AMOUNT
3503 L 10/14/2022 3,970.7135032 10/14/2022 83.2035033 10/14/2022 195.6435034 10/14/2022 2,G14.8735035 10/14/2022 1,37G.1835036 10/14/2022 522.95 35037 10/14/2022 151,612.4835038 10/14/2022 955.4035039 10/14/2022 8,228.9335040 10/14/2022 29uSD3S041 10/14/2022 55.003S042 10/14/2022 605.8335043 10/14)2022 41900 35044 10/14/2022 1,346.1335045 10/14/2022 4,190.55
35046 10/14/2022 22,36860
35047 10/14/2022 4,500.0035048 10/14/2022 12,990.4835049 10/14/2022 276.73 35050 10/14/2022 90,406.0735051 10/14/2022 248.2535052 1D/14/2D22 2,565.3735053 1D/14/2D22 6,989.3635054 10/14/2022 6,83S.5435055 10/14/2022 831.93 35056 10/14/2022 55.0035051 10/14/2022 46,332.5035058 10/14/2022 62,832.38 35059 1D/1’/2022 3,02338
35060 10/14/2022 391.88
35061 10/14/2022 1,440.0035062 10/14/2022 7200035063 10/14/2022 1,949.5035064 10/14/2022 1,7986035065 10/14/2022 11,435.7535066 10/14/2022 5000035067 10/14/2022 16,159.5035068 10/14/2022 360.00 35069 10/14/2022 900.0035070 L0/14/2022 800.0035071 L0/14/2022 94.2135072 10/14/2022 1,034,7435073 10/14/2022 1,519293SD74 10/14/2022 347,603507S 10/14/2022 72,0035076 10/14/2022 3,735.78 35077 10/14/2022 17,432.0235078 10/14/2022 392.00
CITY OF AVALON
OCTOBER 10, 2022- OCTOBER 21, 2022 DISBURSEMENTS
November 1, 2022
KECO PUMP & EQUIPMENTLIM, RAYMONDLINDE GAS & EQUIPMENT INC.LOCAL 2295 AVALON FIREFIGHTERS UNIOMANAGED HEALTH NETWORKMCMASTER-CARRMM INTERNET, INC.MORAN, STEPHENNAPA AUTO PARTSNORTHWIND REFRIGERATIONO’CONNOR, DANIEL
OUTDRIVE EXCHANGEQUILL CORP
RADDE, DENISE
SCOIISDALE INSURANCE COMPANYSIRIA’S CLEANING SERVICESTEAM CLEANERS, INC.TECE-INO RUBBER INDUSTRIES CORPTOWNSEND PUBLIC AFFAIRS, INC PARKING CONCEPTS, INC.U LINEUNDERGROUND SERVICE ALERT/SC
CORPORATE PAYMENT SYSTEMSCORPORATE PAYMENT SYSTEMS
MARSHALL ANN
WEST MARINE PROWESTRIDGE ENVIRONMENTAL GROUPWHITE, KENNETHWITTMAN ENTERPRISES, LLCCOOK, AMANDA
SUPPLIES - HARBOR
REIMB 0/P COSTS
SUPPLIES - HARBOR
REISSUE CHECK 57271
SERVICE ADMINISTRATIONSUPPLIES - HARBORSERVICE - IT
REIMB 0/P COSTS
SUPPLIES - GARAGESERVICE -ADMINISTRATIONSERVICE - HARBORSUPPLIES - HARBORSUPPLIES - ALL DEPARTMENTS REIMB 0/P COSTSINSURANCE POLICY -FY231ST HALF 10/2022
SUPPLIES - GARAGESUPPLIES - HARBORSERVICE - ADMINSTRATIONCONTRACT SERVICES - 09/2022
SUPPLIES -PUBLIC WORKS
SERVICE -PUBLIC WORKSVOID - MULTI STUB CHECKSEE ATTACHED DETAIL REIMB 0/P COSTS
SUPPLIES - HARBORSUPPLIES -WWTP
REIMB 0/P COSTS
SERVICE -FINANCE
RETIREE INSURANCE - 08/2022 - 10/2022
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
35079 10/14/1022 398.07
35080 10/14/2022 249.5335081 10/14/2022 390.5535082 10/14/2022 307.1935083 10/14/2022 286.0035084 10/14/2022 983.4435085 10/14/2022 688.2035086 10/14/2022 292.2735087 10/14/2022 335.1235088 10/14/2022 274.6535089 10/14/2022 140.0035090 10/14/2022 3,497.6735091 10/14/2022 849.14 35092 10/14/2022 1,838.5735093 10/14/2022 30,873.95
35094 10/14/2022 9,357.91
35095 10/14/2022 2,627.4435096 10/14/2022 4,541.2035097 10/14/2022 5,000.0035098 10/14/2022 71,083.6135099 10/14/2022 679.923S100 10/14/2022 66.003S101 10/14/2022 - 35102 10/14/2022 11,167.2135103 10/14/2022 511.5935104 10/14/2022 141.873S1OS 10/14/2022 5,751.8535106 10/14/2022 408.613S107 10/14/2022 6,407.503S108 10/20/2022 2,117.61 661,729.50
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID OCTOBER 14,2022
November 1, 2022
CATALINA EXPRESSCHET’S HARDWARE
84646 GALLS
(7277) GALLS
GALLSCHEIS HARDWARE
HYAU PLACE GLENDALEIAFC
20.44 HYAT PLACE GLENDALE
GALLS
E BAYPAYPAL
VONS
CHET’S HARDWARE
ROBERT BROOKE & ASSCOIATES
CATAL NA ISLAND VACATION RENTALSCHETS HARDWARE
CATALINA EXPRESS
CHET’S HARDWARECATALINA EXPRESS
PEBBLY BEACH BUILDING SUPPLY
CHET’S HARDWARECHET’S HARDWARE
PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYCHET’S HARDWAREPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYCHEIS HARDWAREPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY
PEBBLY BEACH BUILDING SUPPLY
DESCRIPTION
CAR RENTAL
TRAVEL
OFFICE SUPPLIES
MEETING SUPPLIES
TRAVEL
MAINTENANCE SUPPLIES
COMMUNICATIONS SUPPLIESWEATHER SERVICE SUBSCRIPTION
PUMP OUT FLOAT SUPPLIESMAINTENANCE SUPPLIESPAYMENT SERVICE
TRAINING
MAINTENANCE SUPPLIES
MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SU P PLI ESMAINTENANCE SU P PL; ES
MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
SALTWATER LEAK REPAIRSALTWATER LEAK REPAIRGARAGE SUP’LIES
MA NTENANCE SUPPLIESMANTENANCE SUPPLIES
STREET MAINTENANCECONFERENCE REGISTRATION
UNIFORMS
CREDITCREDIT
MAINTENANCE SUPPLIESLODGINGMEMBERS-UP DUESLODGINGU NI FO RMS
CODE ENFORCEMENT RADIO SUPPLIESSHIFT CALENDAR
MISCELLANEOUS SUPPLIESHARBOR MAINTENANCE SUPPLIESPLUMBING SUPPLIESMODE SHIFT STUDY LODGING
PUMP OUT FOAT SUPPLIES
TRAVEL
HARBOR MAINTENANCE SUPPLIES
TICKET CHANGE FEE
HARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIES
HARBOR MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
SAND BAG SUPPLIES
MAINTENANCE SUPPLIES
DEPARTMENT
ADMIN ST RATIO NADMINSTRATION
ADM IN ST R ATIO N
FINANCEHARBORHARBORHARBORHARBORHARBOR
HARBORHARBORHARBORHARBORHARBOR
PUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSFIREFIREFIREFIREFIREFIREFIRE
FIREFIREFIREFIREPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKS
AMT USD
295.32
1S7.94
36.7831.87
VENDOR
EXPEDIASOUTHWEST AIRLINES
TARGET.COMVONS
41.50 6.01
400.00 EBAY
3.99 WEATHERFLOW
142.86 WEST MARINE102.24 WEST MARINE
699.46 OATATEL COMMUNICATIONS706.00 MARINE RECREATION ASSOCIATION
94.96 WEST MARINE42.63 CHET’S HARDWARE34.09 CHET’S HARDWARE 3347 CHEIS HARDWARE
17.58 CHET’S HARDWARE
87.97 CHECS HARDWARE
1099 CHEIS HARDWARE
20.89 CHEIS HARDWARE
4400 CHEIS HARDWARE
133.30 PEBBLY BEACH BUILDING SUPPLY138.9S PEBBLY BEACH BUILDING SUPPLY 64335 BOATS.NET
43.44 PEBBLY BEACH BLLD:NG SUPPLY
102.24 PEBBLY BEACH BL;LDNG SUPPLY
91.94 PEBBLY BEACH BUILDING SUPPLY
1,313.77 LOS ANGELES AREA FIRE CHEFS ASSOC.
LAST NAME
MCDONALDMCDONALD
MCDONALDGONZALESCAR STAR P H E NCAR STAR P H E NCAR S TAR P H E N
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POST DATE
8/2 5/2 02 28/26/2022
9/8/2 02 2
8/24/2 02 28/16/20228/18/202 28/20/202 28/2 9/2 02 2
9/5/2 02 29/5/20229/5/2 02 29/5/2D229/8/202 2
9/15/202 28/17/2D22
8/22/20228/29/2022
8/2 9/2 0 2 28/29/20228/2 9/2 0 2 28/29/20228/30/202 28/31/2022 9/ 7/2 0 2 2
9/14/202 29/14/20229/15/2022
8/16/20228/19/202 28/22/20228/22/20228/22/20228/23/20228/2 4/2 0 2 28/29/20229/12/202 2 9/13/202 29/13/202 2
8/19/202 28/18/2 02 2
8/2 3/2 02 28/23/2222
8/2 4/2 32 28/2 5/2 02 28/3 0/2 02 28/3 0/2 0 2 2
8/3 1/2 0228/3 1/2 022
9/ 2/2 0 2 2
9/6/2 02 2
9/6/2 02 29/ 7/2 0 2 2
9/8/2 02 29/8/2 02 29/8/2 02 29/9/2 02 29/9/2 02 2
9/9/2 02 2
(36.38)
32.99 91S.5226000
27.SS
207.90
184.63
13.78 65.93
46.02 1,483.32
15.71 167.00
26.3820.00
163.93
75.08 10.75
117.97
22.34 48.16
117.00
221.61
43.99 250.30348.12299.21
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID OCTOBER 14, 2022
November 1, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTHMIELAK 9/12/2022 5.49 CHET’S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKSHMIELAK 9/12/2022 41.24 CHET’S HARDWARE FRESH WATER MAINTENANCE PUBLIC WORKS $ 11,167.21 CHECK 35102
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 1, 2022 AGENDA ITEM: 3
ORIGINATING DEP; City Attorney CITY MANAGER: PREPARED BY; Scott Campbell, City Attorney SUBJECT: Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Determine that the COVID-19 state of emergency proclaimedby the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.
REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconferenceare posted on the agenda, that those locations are open to the public and that a quorum of themembers is located within its jurisdiction. Newly enacted AB 361 provides an exception to theseprocedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVI D-19 pandemic.
Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, whichsuspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.
Most public agencies have been holding public meetings using virtual platforms since this time.
In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.
On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law onSeptember 16, 2021. Because it contained an urgency provision, it took immediate effect.
Specific Findings Required underAB 361
Under AB 361, the City Council can hold virtual meetings without providing notice of the City Council’s teleconference location if the City Council makes the determination that there is aGovernor-proclaimed state of emergency, which the City Council will consider in theirdetermination, and one of two secondary criteria listed below exists:
1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
650590000fl34520481 A
2. The City Council determines that requiring a meeting in person would present an imminent risk to the health or safety of attendees.
COVID-19 continues to present an imminent threat to the health or safety of members of thepublic, and the Governor’s declaration of a COVID-19 emergency still exists. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is a new variant of the Omnicron variant. The County of Los Angeles recently re-instituted some mandates given the rise in cases and deaths nationally and public health officials have indicated that they may reinstitute certain mask requirements if cases continue to rise. The City’s economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members arein attendance due to their desire to avoid exposure to COVID-19 poses an imminent risk to thehealth or safety of attendees.
Re-Authorization is Required Within 30 Days
The City Council made the findings listed above at its August 16, 2022 City Council meeting.
Consistent with the provisions of Government Code Section 54953(e), the findings must be made every 30 days ‘after teleconferencing for the first time” under AS 361. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that aresult of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming November 15, 2022 meeting and thirty(30) days thereafter.
It is recommended that the City Council make these findings.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council willhave to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AS 361 at its November 15, 2022 City Council meeting.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.ATTACHMENTS: None.
65059.00000\3452048 1.1
CITY OF AVALON CITY COUNCIL
MEETING DATE:
ORIGINATING DEP:
November 1, 2022
Administration
AGENDA ITEM: t]
CITY MANAGER:
PREPARED BY:
SUBJECT:
Denise Radde, Assistant City Manager
Award Contract to Olaunu for Year 10 Compliance of the Small Municipal Separate Storm Sewer System (MS4) Permit
RECOMMENDED ACTION(S): Approve a contract with Olaunu
$52060 to assist the City of Avalon with compliance for Year Municipal Separate Storm Sewer System (MS4) Permit and
Avalon has satisfied the sole source requirements as specified (AMC).
for a not-to-exceed amount of
10 requirements of the Small
make the finding that City of
in the Avalon Municipal Code
REPORT SUMMARY: The City of Avalon has been designated as a permittee under the SmallMunicipal Separate Storm Sewer System (MS4) Permit, also known as the Phase II Permit, adopted by the State Water Resources Control Board (State Board) on February 5, 2012. TheCity is listed as a new permittee in Attachment A — Traditional Small MS4 Designation and Monitoring Matrix of this permit. In this attachment the area of permit coverage for the City isidentified as “Avalon Urban Cluster.” As part of compliance under Year 10 of the Small M54Permit, the City is responsible for completion of certain requirements, including development of the following:
r Development of the City’s Implementation Report for the Avalon Bay Fecal Indicator Bacteria Total Maximum Daily Load (TMDL)
- Construction Training and Construction Site Inspections and Trainingr Illicit Discharge Refresher Training,- Biennial Pollution Prevention and Good Housekeeping Training Programr Updated Inventory of Industrial and Commercial Facilities ‘- Priority Outfall Inspectionsr Updated Inventory of Construction Projectsr City Facilities Annual Inspections, Annual and Quarterly Hotspot Inspections> Storm Drain System Assessments)- Permittee Operations and Maintenance Activities Quarterly Inspections,- Post Construction Stormwater Management Plan (SMP) Review and Best Management Practices (BMP) Condition Assessments
r Program Effectiveness Assessment and Improvement Plan Implementation Description > Annual Reportr Statewide Trash Provisions On-Land Visual Trash Assessments Meeting the above requirements and development of the associated procedures and programsrequires expertise in stormwater management. Olaunu has more than twenty-five (25) years of experience in stormwater management, BMP planning and design: and water quality, including experience assisting the City of Avalon in developing, implementing! and monitoring its MS4 permit program. The action before Council is to contract with Olaunu to develop the above listed items for the City of Avalon in order to be in compliance with the Year 10 requirements of the Small M54 Permit.
Chapter 4 of Title 3 of the Avalon Municipal Code (AMC) sets the Purchasing System for theCity. Article 1, Section 3-4.106 of the AMC requires that the purchase of services, supplies, and equipment with a value of over $25000 be a publically noticed low bid procurement.
However, the AMC allows the City to dispense with bidding if there is only one source for the procurement (sole source) or when the City determines that the purchase can be made more economically and/or efficiently without bidding procedures. In this case, as the current contractor is an entity familiar with the project and the nuances of the City of Avalon, Olaunuhas satisfied the sole source requirements as specified in the AMC.
GOAL ALIGNMENT: City Infrastructure.
FISCAL IMPACTS: Services proposed are budgeted in the FY 2022/23 Storm Drain Fund 12425-5 105.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City of Avalondoes not complete the Year 10 requirements of the Small MS4 Permit, the City will be issued a Notice of Violation (NOV) from the State Board and, if not complied with, the City will likely be issued monetary fines which may include civil and administrative penalties.
FOLLOW UP ACTION: Execute a contract with Olaunu.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Olaunu Small MS4 Permit Year 10 Tasks Scope of Work.
Olaunu
CITY OF AVALON — SMALL M54 PERMIT YEAR 10 TASKSSCOPE OF WORK The City of Avalon has been designated as permittee under the Small MS4 Permit, also known as the Phase II Permit, adopted by the State Water Resources Control Board (State Board) on February 5, 2012. The City is listed as a new permittee in Attachment A — Traditional Small M54 Designation and Monitoring Matrix of this permit. In this attachment the area of permit coverage for the City is identified as “Avalon Urban Cluster”. As part of complianceunder Year 10 of the Small M54 Permit the City is responsible for completion of several of the requirements. This scope of work is to assist the City with the Year 10 Tasks under the Small MS4 Permit. The scope has been developed in consideration of compliance dates identified and the Small M54 Permit. ntant.:.:
The task covers project management and coordination with City staff regarding all aspects of the project. Project management includes ensuring quality project performance that includes coordination with City staff to ensure that the goals, objectives and scope for each task are clearly understood. Project management includes tracking schedule and budget to ensure tasks are proceeding within budget and on schedule. Effective coordination is essential tosuccessfully completing the scope of work. This task includes regular conference calls with City staff to provide updates on project status and conference call notes, as needed in person coordination meetings with City Staff to gather information from the City and as needed based on completion of tasks including meeting notes.
Deliverables:
a) Project Status Conference Calls and associated notesb) In-person Meetings and associated notes 2: ii\t.). •f’.:fltLOO Reot
The intent of this task is to develop a report to update the Los Angeles Regional Board with a status of the City’s implementation of the Fecal Indicator Bacteria TMDL. The report will detail the progress with each of the BMPs identified in the TMDL Compliance Plan including the following BMPs: P01W, Collection System, M54, Non-Point Source, and groundwater. The Year 9 report will be used as the starting point for the Year 10 report. The following are the specific requirements identified in the Small MS4 Permit that will he included in the report:
(i) A cescription of BMPs implemented, including types, number, and locations(U) An assessment of the effectiveness of implemented BMPs in progressing towards attainment of wasteload allocations within the TMDLs’ specified timeframes (iU) All monitoring data, incluoing a statistical analysis of the data to assess progress towards attainment of wasteload allocations within the TMDLs’ specified timeframes (iv) Based on results of the effectiveness assessment and monitoring, a description of the adcitional BMPs that will be implemented to attain wasteload allocations within the TMDLs specified timeframes
A draft TMDL Implementation Report consistent with the above requirements will be developed and provided to the City for review and comment. Information for inclusion in the report will be provided by the City. Upon comments received from the City a final report will be provided.
Deliverables:
a) Draft Year 10 TMDL Implementation Report
b) Final YearlO TMDL Implementation Report
city of A’oon S,nati MSZI Permit SOW I
Olaunu
urarri, t,ostwt,<)n
Under the Small MS4 Permit, Section E7b.2(a) requires the City to ensure that staff implementing the construction site storm water runoff control program are adequately trained. The construction training program module will be updated and presented to City staff at a date to be determined by the City. The in-classroom training will be coupled with construction site inspections and field training for City inspectors completed through having City inspectorsobserve the inspections. Small MS4 Permit, Section E.7.b.2(b) requires providing information on trainingopportunities for construction operators on BMP selection, installation, implementation, and maintenance as wellas overall program compliance. A public training for construction site operators will be developed and provided.Deliverables:
a) Update of Construction Training Module
b) Provide Construction Training Module to City Staff
c) Perform Construction Site Inspections & Field Training for City Staffd) Construction Site Operator Public Training 4: Dcha:;j Rfre,eLining
Under the Small MS4 Permit Section E7.b.1. the City is required to develop an illicit discharge training program andprovide refresher training in years 4 & S. An illicit discharge training module will be updated consistent with theIllicit Discharge Elimination Procedures developed in Year 2. The module will include the following consistent with Section E7.b,1.(ii) of the Small MS4 Permit: - (a) Identification of an illicit discharge or illegal connection. - (b) Proper procedures for reporting and responding to the illicit discharge or illegal connection.- (c) Follow-up training shall be provided as needed to address changes in procedures, techniques, orstaffing.- (d) An annual assessment of their trained staff’s knowledge of illicit discharge response and refresher training as needed.
- (e) Training for new staff who, as part of their normal job responsibilities may be notified of, come into contact with, or otherwise observe an illicit discharge or illegal connection shall be trained no later than six months after the start of employment.
- (f) Contact information, including the procedure for reporting an illicit discharge, shall be included in each of the Permittee’s fleet vehicles that are used by field staff. - (g) Focused education on identified illicit discharges and associated illicit discharge locations.
The module will be presented to City staff at a date to be determined by the City.
Deliverables:
a) Update Illicit Discharge Training Module
b) Provide Updated Illicit Discharge Training Module to City Staff rsk 5: itdicn r,entic)ri 4 Ed I sEe.çg F oHg
Underthe Small M54 Permit Section E7.b.3 the City is required to develop and provide biennial pollution prevention and good housekeeping training program. The pollution prevention and good housekeeping training program module was developed and presented to City staff under Year 2. Section E7.b.3 of the Small MS4 Permit requires that this training be updated every 2 years and include any new technologies, operations, or responsibilities that arise during the past year, and provide this training to municipal staff involved in implementing pollution preventionand good housekeeping practices. The pollution prevention and good housekeeping training program module will be updated with any new technologies, operations, or responsibilities and presented to municipal staff.Deliverables:
c) Revision of Pollution Prevention Training Moduled) Provide Pollution Prevention Training Module to City Staff city of Avalon Small MS4 Pnrmt SOWJ
Olaunu
Under the Small MS4 Permit Section E.9.b, the City is required to develop and maintain an inventory of all industrial/commercial facilities/sources within the Permittees jurisdiction. Information will be used to update theinventory of all industrial/commercial facilities in the city.
Deliverables:
a) Updated Industrial & Commercial Facilities Inventory Task 7
Under the Small MS4 Permit Section E.9.c, the City is required to inspect and perform dry weather sampling (more than 72 hours since the last rain event) of outfalls identified as priority areas from the outfall map. Per Section E.9.a,the priority area list needs to be updated annually. The city outfalls will be inspected using the Outfall Monitoring Protocol jointly with City staff and if dry weather flows exist samples will be collected for analysis by City staff for bacteria as the primary pollutant of concern. Any follow up inspections of facilities suspected of discharging nonstormwater will also be completed. The outfall priority list will also be updated.
Deliverables:
a) Priority Outfall Inspections
b) Update of priority areas.
Under the Small MS4 Permit the City is required to maintain an inventory of all projects subject to the local construction site storm water runoff control ordinance within its jurisdiction within the first year of the permit. The following are the elements identified in the Small MS4 Permit required to be included in the inventory:
(a) Relevant contact information for each project (e.g., name, address, phone, eniail, etc. for the owner and contractor);
(b) The basic site information including location, status, size of the project and area of disturbance;(c) The location of the project with respect to all waterbodies, waterbodies listed as impaired by sedimentrelated pollutants, and waterbodies listed as impaired for sediment or turbidity under the CWA Section 303(d) and approved by U.S. EPA;
(d) Project threat to water quality;(e) Current construction phase; (f) The required inspection frequency per the local construction site storm water runoff control 0 rd nan c e;
(g) The project start and anticipated completion dates; and(h) The date the Permittee approved the erosion and sediment control plan in accordance with this Section.
The construction site inventory will be updated based on obtaining a list of the existing construction projects in the City.
Deliverables:
a) Updated Inventory of Construction Sites
Cty of Avaon SrnaH lvi S 4 p a r i t 5 0 W I
Olaunu
Cfty F:wif t AmBai F .*H:( F*. & C:u1criy
Under the Small M54 Permit Section E.11.c., the City is required conduct an annual comprehensive inspection and assessment of pollutant discharge potential and identification of pollutant hotspots using the Center for Watershed Protection’s (CWP) guide on Urban Subwatershed and Site Reconnaissance, or equivalent for all of the inventory of City facilities completed in Year 2. Under the Small MS4 Permit Section E.11.c., the City is required to conduct regularinspections of Permittee-owned and operated facilities. The City facilities inspection and assessment procedures previously developed will be used to perform the assessments. Per Section E.11.cjii) the assessments will include the following:
- (a) Identification of pollutant hotspots: Based on the annual assessment, the Perniittee shall identify those facilities that have a high potential to generate storm water and non-storm water pollutants as pollutant hotspots and assign them a high priority. Among the factors to be considered are the type and volume ofpollutants stored at the site, the presence of improperly stored materials, activities that should not beperformed outside (e.g., changing automotive fluids, vehicle washing), proximity to water bodies, poorhousekeeping practices, and the discharge of pollutant(s) of concern to receiving water(s). Pollutant hotspots shall include, at a n’inimum, the Permittee’s maintenance yards, hazardous waste facilities, fuel storage and/or dispensing locations, airports marinas, and any other facilities at which chemicals or other materials have a high potential to be dischargec in storm water. - (b) Documentation of the comprehensive assessment procedures and results: The Permittee shall document the procedures it uses for conducting the comprehensive assessment along with a copy of any site evaluation checklists useo to conduct the comprehensive assessment.
Using the City facility inspection and assessment procedures previously developed inspections of all of the twentyeight (28) City facilities identified in the Year 2 inventory, will be inspected once. Comprehensive hotspot inspections will be performed the identified hotspot locations and two quarterly inspections will also be completed for thehotspot locations. Inspections will be completed with City staff so that City staff understand the areas that have ahigh potential to generate stormwater and non-storm water pollutants and that future inspections can be potentiallycompleted by City staff. To document the inspections a City Facility Inspection Form will be filled out for each of the twenty-eight (28) City facilities.
Deliverables:
a) Annual inspection, assessment, and documentation of twenty-eight (28) City facilities.b) Annual comprehensive hotspot inspectionsc) 2 Quarterly hotspot inspections Task 10: ,l: .Sv-.{ui —-s’;e1.:
Under the Small M54 Permit Section E.11.f., the City is required to develop and implement procedures to assess andprioritize M54 storm drain system maintenance. The procedures to assess and prioritize MS4 storm drain systemmaintenance in the city will be used to assess the storm drain system in collaboration with City staff.
Deliverables:
a) Storm Drain System Assessments
iittu LThe’,1ions R Mal taarIce ActivftkH: t,aiIv
Under the Small MS4 Permit Section E.11.h.2.(d), the City is required to inspect and assess all O&M BMPs on a quarterly basis. An assessment of all O&M BMPs will be completed for 4 quarterly inspections with City staff so thatfuture quarterly O&M BMP inspections can be completed by City staff. An inspection form will be developed for the inspections.
Deliverables:
a) O&M BMP Implementation Assistance & Inspection for four (4) City D&M Activities 4 City or Avaon Sma: M51 Perm, 5OW
Olaunu — <:t::c ‘n [o:rr,v,,;i’ \.lThiy.’ ‘:nt Plan R’.’ - .:-ht Under the Small M54 Permit Section Eli., the City is required to implement a post construction stormwater management program. As part of the program plans for post construction for new and re-development must be reviewed. Additionally, any post construction BMPs must be inspected and the conditional assessment of the BMPmust be evaluated. This task includes providing plan check review for one (1) development project and performing conditional assessment inspections for any post-construction BMPs that have been implemented with new and redevelopment projects.
Deliverables:
a) Post-Construction BMP Plan Check Review for 1 development projectb) Post-Construction BMP Conditional Assessment Inspections .-.r--,-- Under the Small M54 Permit Section E.14.a., and identified in the Citys Program Effectiveness Assessment and Improvement Plan (PEAIP) the City is required to develop a description of implementation of the PEAIP including a summary of data obtained and an analysis of the data. A description of implementation of the PEAIP will bedeveloped that meets the requirements of Section E.14a will be developed forthe City. A draft PEAIP implementationdescription will be developed and based on any comments provided by the PEAIP implementation description willbe finalized.
Deliverables:
a) Draft PEAIP Implementation Description
b) Final PEAIP Implementation Description
Task 14: Annual ReportThe Small MS4 Permit requires that City develop and submit an annual report for each year of the permit. The annual report template for the City of Avalon 2021-2022 Annual Report on the SMARTS program will be filled outand provided to the City for review and assistance will be provided to the City in submitting the annual report online using the State Board SMARTS webpage.Deliverables:
a) City of Avalon 2021-2022 Annual Report & Assistance in submittal of the Annual report via SMARTS C i--:.RI Trash Assessments (OVTAJ
On April 7, 2015, the State Water Resources Control Board (State Water Board) adopted statewide Trash Provisions to address the pervasive impacts trash has on the beneficial uses of surface waters. Throughout the state, trash istypically generated on lane and transported to surface water, predominantly through M54 discharges. These discharges from Small M54s are regulated through Small MS4 Permit pursuant to section 402W) of the Federal Clean Water Act. The trash assessment minimum level of effort (TAMLE) is recommended by the State Water Resources Control Board (State Water Board) for establishing baseline trash generation levels in Priority Land Uses and/or otherland uses and locations, The recommended TAMLE utilizes Tracking California’s Trash On-land Visual Trash Assessment protocols to establish qualitative estimates of the amount of trash generated on street segments, sidewalks and adjacent land areas, and transported into the M54. As identified by the State Water Board guidance to accurately establish baseline trash generation levels for the Assessment Area, a minimum of two TAMLEs should be conducted on streets and sidewalks associated with each Assessment Area and assessments should be conductedduring both the dry (April-September) and wet (October- March) seasons. Two OVTA’s will be completed for theentire City of Avalon, one in the dry and one in the wet seasons consistent with the City’s Trash Implementation Plan that was developed in 2018.
Deliverables:
a) On-land Visual trash Assessments for the City
S
City of Avalon 5naii MS’I Permit SOW I
Olaunu
SCHEDULE/COST
Deiiverablc Com:Li;rt Date Cost
Task 1: Project Management and Coordination $1,520la Project Status Conference Calls and associated notes I Ongoinglb In-person_Meetings_and associated notes OngoingTask 2: TMDL Implementation Report $2,280 2a Draft TMDL Implementation Report June 15, 20232b Final TMDL Implementation Report June 30, 2023 -________ Task 3: Construction Training & Construction Site Inspections & Training $5,320 3a Update of Construction Training Module April 1, 20233b Provide Construction Training Module to City Staff April 14, 20233c Perform Construction Site Inspections/City Staff Field Training April 14, 2023 3d Construction_Site_Operator_Public_Training April_14,_2023 Task 4: tllicit Discharge Refresher Training $2,280
4a Update Illicit Discharge Training Module February 1, 20234b Provide Updated Illicit Discharge Training Module to City Staff February 15, 2023 TaskS: Biennial Pollution Prevention & Good Housekeeping Training Program $2,280 Sa Revision of Pollution Prevention Training Module March 1, 2023Sb Provide Pollution Prevention Training Module to City Staff March 30, 2023 Task 6: Updated Inventory of Industrial & Commercial Facilities $1,140 Ga Updated Industrial & Commercial Facilities Inventory June 30, 2023 Task 7: Priority Outfall Inspections $1,900
7a Priority Outfall Inspections March 1, 20237b Update of priority areas March 15, 2023 Task 8: Updated Inventory of Construction Projects $1,140 8a Updated Inventory of Construction Sites June 30, 2023 Task 9: City Facilities Annual Inspections, Annual & Quarterly Hotspot Inspections $13,680 9a Annual inspection, assessment, & document (28) City facilities. April 14, 2023Sb Annual comprehensive hotspot inspections June 15, 2023 Sc 2 Quarterly hotspot inspections June 15, 2023
Task 10: Storm Drain System Assessments $3,040iDa Storm Drain System Assessments March 30, 2023Task 11: Permittee Operations & Maintenance Activities Quarterly Inspections $6,080ala O&M BMP Assistance & Inspection four (4) City O&M Activities June 30, 2023 Task 12: Post Construction Storm water Management Plan Review & AMP Condition Assessments $3,04012a Post-Construction BMP Plan Check Review for 1 dev. project June 30, 202312b Post-Construction BMP Conditional Assessment Inspections April 30, 2023 Task 13: Program Effectiveness Assessment and Improvement Plan Implementation Description $3,040 13a Draft PLAIP Implementation Description June 15, 202313b Final PEAIP Implementation Description June 30, 2023 Task 14: Annual Report $1,520
14a City of Avalon 2021-2022 Annual Report & Assistance in October 14, 2022 submittal of the Annual report via SMARTS
Task 15: Statewide Trash Provisions On-Land Visual Trash Assessments (OVTA) $3,800 iSa On-land Visual Trash Assessments for the City March 30, 2023 Total
6 C1y ef Avann SmaN MS1 Pcrmt SOWl
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 1, 2022 AGENDA ITEM: 5-ORIGINATING DEP: Administration PREPARED BY: Devin Hart, Management Analyst
SUBJECT:
CITY MANAGER: £svU yA
Public Hearing — Appeal of the Decision of the Vehicle Hearing Officer:Denial of a Request for an Oversized Commercial Autoette RECOMMENDED ACTION(S): 1. Continue the Public Hearing. 2. Receive Public Comment. 3.
Close the Public Hearing. 4. Consider applicants appeal and determine to either a.) Uphold thedecision of the Vehicle Hearing Officer; or b.) Overturn the decision of the Vehicle HearingOfficer.
REPORT SUMMARY: The item was initially heard during the October 18, 2022 regular City Council Meeting. Per City Council direction, the item was continued.On May 19, 2021, John Jackson, on behalf of Eagle Electric, submitted an application for a newcommercial autoette permit. The application also indicated Eagle Electric/Jackson was seekingan 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.
Per AMC 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 Public Service/Public
Safety Vehicle
- Commercial Rental Autoette- Vintage Vehicle- Horse-Drawn Vehicle The provisions for granting a commercial autoette permit are defined within AMC Section 4-4.1703 (c) as follows:
Health and
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:
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 of transportation 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 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 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 thenewly established 130” were granted “grandfathered” status on the condition that they would notbe 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 CRF 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 seta 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- April20, 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
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 18, 2022
ORIGINATING DEP: Administration
PREPARED BY: Devin Hart, Management Analyst
SUBJECT:
AGENDA ITEM: 5
CITY MANAGER: 424ZIC
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.
Per AMC 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
Public Service/Public
Safety Vehicle
- Commercial Rental Autoette
- Vintage Vehicle
- Horse-Drawn 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 enterprise located within the City limits or within three miles of the City limits, without being subject to a waiting period, as follows:
Health and
jfl. The following findings must be made in an affirmative manner:
& The commercial autoette for which a permit is requested is necessan) to theproper functioning of the commercial enterprise.
I,. 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 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 pemiittee 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.
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 as defined in either California Vehicle Code 385.5 or 49 CRF 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 andparking 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- April20, 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
!I1 fo
S?O
Devin Thompson
From: John Jackson <[email protected]>
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 quali for this hearing as my vehicle is not oversized, just longer than the average golf cart.
I want to get a Polaris gem, electric vehicle. There are many of these Polaris Gems that have been granted city 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 through 4 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 be told the phrase they are grandfathered in” is a lie told to discourage or simply to discriminate against me from gettjug one. These Polaris Gems are vehicles the City has allowed 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 77:20 AM, Devin Thompson
<dthompsoncityofavaIon.com> wrote:
Hi Jackson,
Just checking in regarding your written request to appeal the vehicle hearing officers decision.
Please let me know if you have any questions.
I would like to please have your written appeal in hand before the end of the day tomorrow. October 11. so it can be included with the Staff Report to the City Council. 1 flfl’ OF AVALON
VEIUcLE PERISIIT HEARING APPLICATION
Instructions: Please complete form providing as much detail as possible to prove need for permit. Oral or mitten evidence may be included. Public Servicc applications must include writtcfl testimony by “City or County” admlniistràtors recommending issuance of permit If an 4cm does not appl please mark WA Sign and date where aske4. commercial permits require proof of current business license.
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APPLI( ATION II’OR::theck appropriate box;
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JOB LIST 1”ORCQMMRCIAL AND ‘tEMPORARY PERMITS
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nndgree to all regulations I widentad*sølje jni4*R7ov4iisWiect to revocation Ifthe conditions of npp&val ox clesflcde is APPLICANT’SSIGNATVRE_144t”
EMAIL’ ac%L #-1’
City ofAvalon
Santa Catalina island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer
DECISION DENYING APPLICATION FOR A NEW OVERSIZED
COMMERCIAL AUTOETI’E PERMIT
APPLICANT;
John Jackson / Eagle Electric
P.O. Box 2034
Avalon, CA 90704
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1, 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 Avaion 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 onAugust 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. Standardbusiness activities include transporting materials, pipe, tools) ladders, wire and other heavy equipment. Applicant has been using a Vantage autoette.Eagle electric is à 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 his needs. His current vehicle breaks down frequently and parts are not readily available.
5. The proposed replacement is a Polaris Gem, but by his own admission, said autoette 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. aI.’n ( H> T lull • 40 \uli’n C anycin Road • PC I Ho\ ‘Th • .\‘alon. C. \ t)(fl4flj F clephone: ZU.5 I().l?220 }:fl;,flJIe. . H) 5 lCI.INUI • vww( itvoI.\alcm,cjim
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 merely replacing one autoette for another, provided the replacement was of a size permitted under the code. A simple replacethent 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 knowing that this denial would likely occur.
A copy of the appeal rights is attached to this decision.
Dated: August 24, 2022 - -
L’KENNETH B D EER
Vehicle Hearin Officer
PROOF OF SERVICE
I am a resident of the county of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My address is 11500 W.
Olympic Blvd., Suite 550, Los Angeles, CA 90064-1524.
I served the foregoing document described as DECISION, etc., by depositing a true 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 fuily prepa.id, addressed as follows:
John Jackson / Eagle Electric
P.O. Box 2034
Avalon, CA 90704
Rocio De La Cruz, Vehicle Clerk
City of Avalon
P.O. Box 707
Avalon, California 90704
I declare under penalty of peijuxy that the foregoing is true and correct, Executed on August 24, 2022, at Los Angeles1 California. - /
Ma?ia Mar ifez1 Declarant
11POI1S, 4:j4 PM
CHAPTER 4- APPEALS
Sec. 1-4.01 Right to Appeal.
{a) Except as otherwise specifcally provided in this Code, anyperson excepting to the denial, suspension. or revocation of i permit applied for or held by him pursuant to any decision made by any appoinrive board of the City pursuant to any of’ the provisions of this Code may appeal in writing to the. Cnuncil by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof. (b) Except as otherwise specifically provided in this Code, any person excepting tà 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 Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof. (Amended by*l.Ord. 620. eff. March 18. 1976)
Sec. 1-4.02 Time Within Which an Appeal Shall he Filed.
The written notice of ppeal shall be flied with the City Clerk within flften (15) days after the receipt of written notice of such action appealed from. (LOrd.782.eff November 13. 1985)
Sec. 1-4.03 caring: Notice.
The City Clerk shall forth’ith set such mutter for a hearing betbre the Council at a subsequent regular iiieeting 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 iii writing by Lhe applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should noi be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter, APTER 4-APPEALS
Published by CierkBasB
2016 by Clerkbase. No Claim to Orkiirial Government Works. I . P,ge I of 1
CITY OF AVALON CITY COUNCIL
MEETING DATE:
ORIGINATING DEP:
Apr11 20, 2021
Administration
ADENDA ITEM:
CITY MANAGER:
PREPARED BY:SUBJECT:
Devin Hart, Administrative AnalystDenise Radcie, 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, 2021 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 thecurrent autoette definition 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 new temporary permits 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.
3. To not allow resale of Limo autoettes from commercial entities to residents.
4. To not allow Limo autoettes to be registered with the City if the vehicle was purchased after February 16, 2021.
The 2021 vehicle registration season ended on April 1, 2321. A total of registered during the vehicle season — 828 residential autoettes and autoettes. 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. 1,140 vehicles were
312 non-residential
179 residential/nonas described in the
- Total residentialfnon-residential autoettes that exceed 120”: 129- Total CIVR/Harnilton Cove Vacation Rental autoettes that exceed 120”:
- Total rental vehicles that exceed 120”:
*Rental vehicles have commercial autoette and commercial vehicle permits.
Excluding rental vehicles:
- Total number of vehicles that measure
- Total number of vehicles that measure- Total number of vehicles that measure - Total number of vehicles that measure
- Total number of vehicles that measure
121”— 125”’126”— 130”131”— 135”135”— 140”
140”— 145”:
50 11 5
62 35%99
7 4%9 5%2 1%
Rental vehicles:
- Total vehicles that measure 128”: 60
- Total vehicles that measure greater than 12W: 55 *Commerclal autoette stickers ** Commercial vehicle sticker All rentals are Yamaha By make (Excluding Commercial)j
- Yamaha: 148 84%- Suzuki: 11 6%
- Club Car: 8 4%
- Total EZGO: 7 3%- Other: 5 3%
o Diahatsu, EVE, GEM, Kia and Porter
As directed, City Staff informed auto dealers that no new 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 wheels in contact with the ground, an unladen weight of no more than 1,800 pounds and an overall length of no greater than 120 inches including the front and back 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 “Mica-cars.’ On February 2, 2010, the AMC was amended (Chapter 4, Section 4-4.1705 (b)(1)) to permit oversized “environmentally friendly vehicles:
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 Janua,y 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.” The AMC was further revised on December 20, 2016 to permit micro-cars (Chapter 4. Section 4-4.1705 (b)(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 CaliforniaDepartment 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.
City Staff have determined that vehicles that exceed the permitted length were previously permitted for a myriad of reason, including, but not limited to - Rental operators sold oversized 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 autoette versus the full length — “bumper to bumper” — or confusing gas autoettes for “Low Speed 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, additional row of seats or extended bumper.
City Staff is requesting direction from the City Cquncil in how to best proceed with vehicles that do not meet the requirements as outlined in the AMC.Potential solutions include:
1. Amend the AMCto redefine the length of an autoette. (greater than 120 inches) 2. Prohibit sales arid 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 vehide exceeds its useful life with its current owner, it will be required to be removed from the Island.
1. If the total length approved by the AMC is not amended, Staff 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” fength exemption to be removed or otherwise be deemed illegal undertheAMC autoette definition, City Staff recommend redefining the length of an autoette to 130 inches. This solution will address 90% of the autoettes that do not currently conform to the AMC.
If the City Council decides to amend the AMC, City Staff will bring a revised ordinance back to the City Council for a first reading on May 4, 2021. A second reading of the ordinance would take place on May 16, 2021. The ordinance would not go into effect until 30 days later. The 18 individuals that have received the special temporaiy permits have valid permits until next year and would therefore have 7 months to determine how to procee&without penalty.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will riot 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 4-41717
- California Department of Motor Vehicle Code
o 385.5 - --
o 49CFR571.500.
o 21115
o 21115.1(a)
CITY COUNCILIAVALON 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 of • the 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 weightof 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 Mióhael Ponce. (4 Ayes-Marshall, Cassidy, De La Rosa and Ponce, 1 No-Lavelle)
•
4 S
6 7
Yamaha
Yamaha
Yamaha
Su2uki
Yamaha
Suzuki
OVERSIZED AUTOETTES REPORT
1 2
2021
Yamaha
3 Porter
121”121”
Suzuld
Yamaha
Suzuki
Suzuki
Yamaha
122”122”
8 S
10 11
1213
14 15
16 1718
19 20
21 122”
122”
122”
122”
122”123”
123”
123”
123”
123”123”
123”
123”
123”123”
123”
123”
Yamaha
YamahaSuzuki
Yamaha
Yamaha
Yamaha
Yamaha
Yamaha
22 Yamaha
23 Yamaha
124”
24 124
25 Yamaha
124”
26 Yamaha - -
224”
27 -
:124”
28 Yamaha -
124”
29 - - 124”
30 Yamaha
124”
31 Yamaha
124”
32 Yamaha
124”
33 Yamaha
124”
34 Yamaha
12411
35 - EZGo
124”
36 Su2uki
124”
37 Yamaha
124”
38 EZ5Q
22411
39 Club -
124’
40 Yamaha - - -
124”
41 Yamaha -
-
¶- 124”
42 -
Yamaha
-.
-
124”
43 --
- - Yamaha - - -
224”
44 Yamaha - -
124”
- Yamaha - --
--
124”
124’
46 SUzuki 124”
47 124’
48 Yamaha 124”49 Suzuki
L 224’
50 Suzukj 124”
51 Yamaha 125’52 Yamaha 125’53 Yamaha 125”
54 Yamaha 125”
55 Yamaha 125
55 Yamaha 125
57 Yamaha 125”58 Yamaha 125
59 Suzuki 225”
60 Yamaha 125”51 Yamaha 125”
52 Yamaha 125’
63 Club car 126
64 Yamaha 126’55 Yamaha 12666 Yamaha 126”
67 Yamaha
--
126’
68 Yamaha 126’69 Yamaha 126”
70 Yamaha 125”
71 Yamaha 12672 EZGQ 125’
73 Yamaha 125”
74 Yamaha
-
126°
75 Yam ru- 125”
76 Yamaha 126’
77 Yamaha
-
126”
72 Yamaha 125”
79 Yamaha 126’
80 Yamaha 125”81 Yamaha 125”
82 Yamaha 126’
83 Yamaha 125’
84 Yamaha 126’
85 Yamaha
-
125”
86 Yamaha 126’
87 Yamaha 125”
88 Yamaha 126’89 Yamaha 126
90 126”
91 Yamaha 12692 Yamaha 125
Yamaha 126”
94 Yamaha 126’
95 Yamaha 125’
96 ‘ramiha 126”
97 Yamaha 126’
98 Yamaha 126”
99 Yamaha 126”
100 Yamaha 126”
101 Yamaha 12?’
Yamaha 12/”
10 Yamaha 127”
10’ Yamaha 127”
105 Yamaha 127”
106 Yamaha 12/”
10? Yamaha 127”
108 Yamaha 127”
109 Yamaha - 127”
110 Yamaha 127”
Ill Yamaha 127”
112 Yamaha 127”
113 Yan,aha 127”
114 EZGO 127”
116 Yamaha 127”
116 Yamaha - 127”
117 Yamaha ‘
‘
127”
118 Yamaha 127’
119 Yamaha 127
120 Yamaha 127
121 Yamaha 127’
122 :Yamaha 127”
123 Yamaha 127
124 Yamaha 128
125 Yamaha 128’
126 Yamaha 128”
127 Yamaha 128”
128 Yamaha 128
129 Yamaha - 128’
130 Yamaha 128’
131 Yamaha 128’
132 EZGO 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
145 Yamaha 228”
145 Yamaha 128”
147 Yamaha 128”
148 amaha 128’
149 Yamaha 128”
150 Yamaha 128”
152 Yamaha 129”
152 Vamaha 129”
153 Yamaha 229”
154 Yamaha 129”
155 Yamaha 129”
156 Yamaha
-
120”
157 Yamaha 130”
258 Yamaha
.-
130”
159 Yamaha .‘- 130”
160 Gem 130
161 Yamaha -
-
130”
152 Yamaha 131”
163 Yamaha 1320
164 Yamaha 133”
165 Yamaha 134”
166 Club car 234”
16! EZGO 134’
168 Yamaha 134
169
—- Club 136
170 - -‘ Clubcar
* 137”
i7 Yamaha - -- 137”
172 Yamaha - ;‘ :, 138
173 KIA , •‘ : 138”
174 1*1 - - 138’
175 Yamaha ‘ 138” -
— - - “: - -
176 Yamaha - 140”
177
- Yamaha ‘
-
140”
178 Yamaha - 143”
179 Club Car b ‘k ,
, 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 relating 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 this article 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 made these regulations applicable to such privately owned property at the request of the owner thereof bydesignation thereof in Avalon Municipal Code § 4-4.1301, unless a vehicle permit has been obtained therefor 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, Did. 827U; § 1, Ord. 830, eff. September 15, 1988; § 1, Ord. 853, eff. January 4, 1990; § 1, Ord. 657, eff. June 14. 1990; § 1, 2, Ord. 907-94, eff. August 4, 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. October6, 2005; § 1, Ord. 1035-05, eff. December 30, 2005; § 1, Ord. 1040-06, eff. June 1,2006; § 2, Ord. 1049-07, elf. March 22, 2007; § 1, Ord. 1063-07, eff. December 6, 2007; § 2, Ord. 1068-08, elf. April 17, 2008; § 1,2, Ord. 1081-08, eff. December 4, 2008; Ord. U-1112-12, elf. March 20, 2012; § 2, Ord. 1117-13, elf. May2, 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 pemiits 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§ 44.1703(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 the City and with respect to the characteristics and nature of an urbanized area consisting of narrow, 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 pernlittee 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 pemiit 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-way between the hours of 7:00 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. (8) 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 (ii) 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 at any 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 fails 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 existingperson 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 from service. The credit may be redeemed for a commercial vehicle permit for a vehicle used forsightseeing tours which holds an equal or lesser number of seats as those credited, at any time and without reference to the commercial vehicle waiting list by the holder on applicationtherefor, if 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 event that the credit holder fails to annually renew the business license, the credit shall automaticallyexpire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired 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 enterpriselocated 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 enterprise.
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 inches 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 goalsof 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 pemiit 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 applicationtherefor 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 on a temporary basis for a specific project;(H) 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 permitted vehicle or source of transportation can reasonably satisfy applicant’s transportation requirements;
(iv) If the vehicle exceeds the length and/or width limitations 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 andthat 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 fees.
b. The Hearing 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 pem,it has expired and the permittee is awaiting a hearing 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 perrnittee 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 utilize handicapped parking privileges and shall specify an expiration date not more than 30 days after 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 permit may be issued only to a nonresident owner who is occupying such property and who would otherwise 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 thissubsection 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 located in the Pebbly Beach area and the closure of Pebbly Beach Road to pedestrians, most autoettes and motorcycles hasresulted in a financial hardship, including but not limited to employee staffing, the ability toattract 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 andthe 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 nay only be parked on City streets, alleys or public ways during permitted building hours and days;
(ii) The vehicle may only be used for the specific project or job described in a written application and no persona; use is permitted;
(iii) 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 location does 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 for 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 0112 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 vehicle permits shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-cf-way between the hours of midnight and 6:00 a.m., unless otherwise 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 thesecond violation; and $300 for the third violation. In the case of temporary permits issued pursuant to (d)(1), the Vehicle Hearing Office shall have authority to permanently bar an applicant from receiving future temporary permits. Hearings on whether to impose such fines or permanently bar an applicant from receiving future temporary permits shall be conducted inthe 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; byelectric, gas, water, or telephone companies certified by the California Public Utilities Commission, or by a religious institution that owns real property in the City of Avalon, providedthe 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 anycity or Los Angeles County agency, that such vehicle is reasonably necessary fri order to protect 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 District as a bus driver for a vehicle thatis 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, ifthe proposed vehicle to be permitted is oversized, the provisions of § 44.1705 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 Countylaw enforcement, fire and emergency service vehicles which are owned by and registered tothe 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 to setting specific class, length, parking and other limitations or restrictions. Except as providedherein, vehicles permitted under this paragraph shall not be parked on any public street orright-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 emergencyservices personnel, on-call persons employed by electric, gas, water or telephone companies certified by the California Public Utilities Commission, or on-call hospital personnel. TheVehicle Hearing Officer shall direct the Vehicle Clerk when to utilize special permits to identify a vehicle bearing a public service permit which may not be parked on public streets between the hours of 7:00 p.m. and 6:00 a.m,
(f) 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 inconnection 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 ofa valid pemt under § 5-il .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 6-17-2021](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 dwelling 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 transientoccupants 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 of dedicated off-street parking for the autoette is provided. Such autoette permits may also betransferred 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 units premises or within a reasonable distance of the dwelling unit;
c. The dwefling 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, autoette permit may be granted, per vessel, to a person who has established residency in Avalon by making the vessel his principal place of residence for at least nine months, six of which have been while mooredin 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 princpal place of residence, moored within Avalon Harbor for at least 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 parking impacts created by the project. The association shall pool the permits for use by members of the association, who shall not be eligible to obtain 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 on or 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 a.m. and 6:00 a.m. 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 registration procedures.
(1) 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 this title 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 permit 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 vintage vehicles.
(i) Horse-Drawn Vehicle Permits. A horse-drawn vehicle permit 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 resdent 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 City’s jurisdiction and on Santa Catalina Island. Thepermit 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 be issued 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. Overnight parking of the vehicle within City limits, whether on public or private property, on more than anoccasional 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 householdto remain within City limits for not more than three consecutive days. (1) Notwithstanding the two permit limit, 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 thefollowing:
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 an1 person, organization, partnership, trust or corporation whose primary commercial or institutional activitiesare conducted at an address on Santa Catalina Island outside of and more than three miles fromthe 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 only when 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 finding of all of the following:
(A) The equipment and other real or personal property used in the applicants 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 outsideof 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 to - the business location;
(C) The applicant shall not be ent’tled 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 adopted pursuant thereto.
(5) All vehicles bearing an interior commercial 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 7:00 p.m. and 6:00 am. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this titie.
(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 satisfied as a prerequisite of reissuance ofthe permits. § 4-4.1704. Maximum Number.
[ 12, Ord. 926-96, eff. March 7, 1996; § 3, Ord. 1027-04, eff. November 18, 2004; § 1, Ord. 1082-08, eff. December 18,2008; § 5, Ord. U-1151-16, eff. December20, 2016; § 3, Ord. U-1152-17, 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 cutstanding 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, orupon the redemption of a permit for credit issued pursuant to the provisions of § 4-4.1 703(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, Ord. 926-96, eff. March 7, 1996; § 4, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 983-00 eff. September 14, 2000; § 1, Ord. 986-00, eff. October 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, eff. December 20, 2016] Except as otherwise set forth below o unless the applicant demonstrates and the Hearing Officer finds, for non-autoette permits only, thaI (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 § 44.1703 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” asdefined in either California Vehicle Code § 385.5 or 49 CER 57 1.500 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 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; nor shall it apply to any full-sized vehicle or autoettewhich 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.
AN 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 first issued after April 18, 1989 shall be parked on public streets between the hours of midnight and 6:00 a-rn. No vehicle that exceeds the width limitation specified above for which a res idence vehicle permit or autoette permit, as applicable, was first issued after June 5, 1999, shall beparked on public streets between the hours of midnight and 6:00 a.m. § 4-4.1705.1. Replacement of Vehides.
[ 3, Ord. U-1151-16, eff. December20, 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 § 4-4.1705(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, 1996]
Applications for the issuance, renewal, transfers or modification of permits or commercial vehicle credits shall be submitted to a Vehicle Clerk, who shall be designated by the City Manager. Proceedings to review applications 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 whereapplicable, 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 and pursuant to the procedures adopted by resolution of the City Council. Any decision of the Vehicle Clerk may be appealed to the Hearing Officer, and any decision of the Hearing Officer maybe 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.
I 17— 20, Ord. 926-96, elI. March 7, 1996; § 8, Ord. 962-99, eff. June 3, 1999; § 2, 3, Ord. 983-DO, eff, September 14, 2000; § 1, Ord. 1032-05, etf. July 21, 2005; § 2, Ord. 1050-07, elf. March 22, 2007; § 1,2, Ord. 1079-08, eff. December 4, 2008]
As used in subsections (a), (c), (d) and (g), ‘transfer” means use of the permitted vehicle by anyoneother 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 commercial enterprise to which the permit was issued for purposes which are not related to the commercialenterprise 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 § 44.1703(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 ot such a permit, except as provided below, including but not limited to § 44.1703(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 of transfer, or, ii 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 decidedby 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 by 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 under this provision but the parents live in separate households and the child does not specify in a will to which parent 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 § 44.1 703(b); or (2) From one vehicle to another in ownership or lawful possession of the same permittee, 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 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 satisfied.
Transfers or assignments pursuant to paragraph (b)(1) hereunder require a hearing pursuant to § 4-4.1703(h) 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 a development agreement project pursuant to § 4-4.1703(f)). Notwithstanding § 5-11.03, the owner of a rental unit 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 rental period, 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 § 44.1 705.
(a) 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 detemiined by the holder of the permit.
Interior commercial permits shall not be assigned, except upon the sale or transfer of a commercialenterprise, subject to meeting the criteria contained in § 44.1703.5(b) (1). (g) Vintage Vehicle Permits. Vintage vehicle permits shall be transferable by the permittee only to other vintage vehicles owned by the permittee. The permittee shall provide a list of all vintage vehicles owned 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 permit shall be transferred or assigned. 0) 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 permittee, 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§ 4-4.1 705, 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.
1 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 this 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 violation 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 pursuant to this article to any vehicle other than the vehicle for which the permit 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 this article.
§ 4-4.1711. Penalty: General Provisions.
Except as provided in § 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 period not exceeding six months.
§ 4-4.1712. Penalty: Alternative Provisions.
( 2, Ord. 1145-15, eff. December 17, 2015]
An operable vehicle which is found on a City street without a current bona Dde City vehicle permit shall be subject to citation, impoundment, towing to, and storage in the nearest available safe place, or shall be immobilized by a wheel lock. All costs incurred in impounding, towing, or immobilizing a vehicle shall be 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 permitrequirements and has been impounded or immobilized for such offense. The notice shall further inform the owner that he shall have 15 days from receipt of the notice to secure a permit from theCity and that if no such permit 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 representative 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. If the owner or owner’s authorized representative does not so resecure possession within 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 safe 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 stored 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 the vehicle shall be disposed of pursuant to Civil Code § 3068.1 et seq. § 4-4.1713. Vehicle Noise.
I 2, Ord. 971-00, eff. April 6, 2000; § 1, 2, Ord. 1053-07, eff. 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 the autoette. Except as provided herein, it shall be unlawful for any person to operate an automoble, truck) motorcycle or autoette on any street or public right-of-way, or on any private street or right-ofway designated in § 4-4.1301, 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 under this section: (1) Any motor vehicle with a manufacturer’s gross vehicle weight rating of 6,000 pounds or more and anycombination 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 bysuch motor vehicle - 74 dB.
Measurement of decibels levels shall be made pursuant to the testing procedures set forth in subsection (b) herein.
(b) Testing Procedure.
(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 space which consists of a reasonably fiat 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 at the 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 ofabnormal 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 at each measuring point. (c) Violations. Violations of this section shall be punishable as an 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 $50 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 issued for an autoette which contains sound amplification installations in violation of this section.
§ 4-4.1714. Definitions.
[ 2, Ord. 857, 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. July11 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 vehid& 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-terratn vehicle” as set forth in California Vehicle Code § 111 shall be entitled to renew the permit, provided such vehicle is and continues 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 shall have no right or entitlement to a residential autoette permit for the all-terrain vehicle. The method of measurement of autoettes shall be performed by the Vehicle Clerk in accordance with policies adopted by the City Council. The provisions of § 44.1705 regulating the width of autoettes shall also apply. Autoettes which exceed the length limitation specified herein that were permitted by the City prior to November 7, 1995, shall be exempt from the length limitations set forth herein. The exemptions shall apply to the autoette, regardless of ownership transfers. Vehicles classified as motorcycles by the Department of Motor Vehicles which would be classified as oautoettesw hereunder but were issued a permit by the City prior to February 1, 2000, induding a temporary permit pursuant to § 44.1 703(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 under this 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 permit pursuant 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 adapt, by resolution, administrative procedures for the implementation and administration of this article and may amend said resolution from time to time. Said resolution may set fees 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: November 1, 2022 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Public Hearing — Appeal of the Decision of the Vehicle Hearing Officer:
Denial of a Request for Transfer of a Residential Vehicle Permit 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; or b.) Overturn the decision of the Vehicle Hearing Officer.REPORT SUMMARY: On April 18, 2022, Margaret Moore submitted an application to transfer a residential vehicle permit (also known as a blue sticker”) to her daughter, Melinda MooreWatson.Section 4-4.1707 (a)(3) of the Avalon Municipal Code (AMC) outlines the terms by which a residential vehicle permit may be transferred: ‘The permit was issued prior to April 18, 1989 andis transferred to an adult child of the permittee who is not living with the permittee, and who is aresident at the time of transfer of the resident vehicle permit.” The vehicle hearing officer denied the transfer of the residential vehicle permit as Melinda MooreWatson is not a resident of Avalon and she does not intend to become a resident in the future.At this time, Margaret Moore is not a full-time resident either, however, she had owned the property at One Upper Terrace prior to April 18, 1989 and maintained a 1972 Datsun Truck from that time period to date.
Per Avalon Municipal Code Section 4-4.1703 (a) (1): “. 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.”
City Staff supports the findings of the Vehicle Hearing Officer in as much as the decision isconsistent with the AMC.The appeal filed by Eric Moore, offers to relinquish the “blue” sticker for a “white” sticker thatwould require the vehicle to have off street overnight parking. At this time, no “white” stickerexists. For full-sized vehicles four permit types are recognized in the AMC:
1. Residential Vehicle Permit,
2. Commercial Vehicle Permit,
3. Public Service/ Public Health and Safety Vehicle, and
4. Vintage Vehicle Permit.
Due to the terms outlined in the AMC requiring full-time residence or ownership of a business, Melinda Moore Watson would not qualify for any of the four full-sized vehicle permits.
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 seta precedence for larger autoettes throughout Avaton further exacerbating congestion andparking issues.FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
- Moore Appeal Letter
- Vehicle Hearing Officer Findings- Vehicle Hearing Application To: City Clerk, City of Avalon 09-19-2022
From: Eric Moore, son of Margaret MooreRE: Appeal of decision of the Vehicle Hearing Officer Vehicle Permit Transfer One Upper Terrace, Avalon.
I would like to start with my thanks to Kenneth Dapeer and Rocio De La Cruz for their time and consideration when I appeared before them last month, denial letter received on 9-16-22.
I would like to appeal the decision made by the Vehicle Hearing Officer that denied the request to transfer the current vehicle permit from Margaret Moore to her daughter Melinda Watson.
The basis for this appeal is first, the vehicle is always parked overnight and parked during the day when not in use, on private property. Our vehicle is not parked on city streets overnight or during the day when not in use. Currently, we have the “blue” sticker which allows overnight parking on city streets, but since we park overnight 100% of the time on our private property, we would like an exception allowing the current permit holder, Margaret Moore, to transfer the permit to her birth daughter Melinda Watson. In addition, we do not need the permit allowing overnight parking on city streets, “blue” sticker, and wish the permit when transferred to Melinda Watson be changed to the “white” sticker. We wish to free up our current “blue” sticker permit for someone who must park on city streets and be granted the “white” sticker permit since we will park off city streets on our property.
I am asking for an exception to the statute requiring the transfer or the vehicle permit to a permanent resident. At One Upper Terrace, there are currently 8 owners listed on the Title, and all 8 of us mustshare the property equally. Our family loves the island and city, and rarely is the house unoccupied. Ifwe were to have one of the owners establish permanent residency it would result in an unequal use of our property with the other 7 owners. Therefore, our family has an agreement that we will share the house equally and no owner shall become a fuiltime resident.
In summary, lam requesting our current vehicle permit be changed from the “blue” to “white” sticker, and that this permit be transferred from the current permit holder, Margaret Moore, to her daughter Melinda Watson. Please contact me at 480-215-6264 or at my email address ewmoore7 maiLcorn, if you have any questions or need any additional information.
Thank you:
n
Eric Moore 318W Liberty Ln, Gilbert AZ 85233 ;, IA1 P 2 3tJ ( City ofAvalon Santa Catalina Island, CA
KENNETH B. DAPEER
Vehicle Hearing Officer
DECISION DENYING APPLICATION FOR TRANSFER OF A RESIDENTIAL
VEHICLE PERMIT
APPLICANT:
Margaret E. Moore
c/o Eric Moore
1 Upper Terrace
Avaion, CA 90704
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. In sri application dated April 18, 2022, Margaret E. Moore, Applicant herein, applied to transfer a residential vehicle permit to her daughter, Melinda Moore Watson pursuant to Section 4-4.1707(a) of the AvalonMunicipal Code
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.
Applicant’s son, Erie Moore, appeared. Rocia Dc La Cruz, Vehicle Clerk for the City of Avaion, was present on behalf of Avalon and participated at thehearing. The hearing took place in person at Avalon City Hall,
3. The Moore family has been long term Avalon residents and owners of property in Avalon. The residential permit holder, Margaret Moore is 91 years of age and currently living in an assisted living facility located on themainland. The permit is presently assigned to a 1971 Datsun pickup truck.
4. Margaret Moore seeks to transfer the residential vehicle permit tQ her birthdaughter, Melinda Moore Watson, and there is a notarized request from the permit holder requesting this transfer attached to the application. ii. I • 4Uj \ajjm C4in\rn Road • PC 14’”s 7W • Aa1on. ( \ 4lrii4.(ri,’ filephcine: I(J. 10)1220 I’uc,niiIe: 31(1 510,0’BH • .( flof,\a1cmojij
5. Eric Moore stated that Melinda Moore Watson is not a full-time resident of Santa Catalina Island, and that none of the three children and 9grandchildren of Margaret Moore are presently residents. Presently, eight members of the family are on title to the subject property, located at 1 Upper Terrace. While the descendants of the Applicant visit Catalina Island, none are residents.
6. Section 4-4-1707 states: No resident vehicle permit issued under § ±
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 pennit, except as provided below, including but not limited to g ±4.1 703(a)(1) The exception that is most applicable is Section 4-4-1707(a)(3) which states:
(3) The permit was issued prior to April 18, 1989 and is transferred to an. adultchild oftheperinittee who is not living with the permittee, and who is a residentat the time of transfer ofthe resident vehicle permit.
The other exceptions are not applicable and involve situations such as divorce or death of a pennit holder.
DECISION
The Avalon Municipal Code allows the transfer of residential vehicle permits (blue stickers) from the permittee to an adult child of the permit holder provided the intended transferee does riot reside with the permittee and Is a resident of Santa Catalina Island at the time of the transfer.Based on the testimony of Eric Moore, Melinda Moore Watson is not presently a resident of Santa Catalina Island, That factor is the sole basis of thisdecision.
The application provides details about the need for a vehicle, and while those facts are not disputed, such equitable considerations do not alter the decision which is based solely on the residency requirement. If Melinda Moore Watson was a resident, this application would likely be granted subject to residencyverification.
This decision is not intended to revoke or otherwise terminate the subject residential vehicle permit. It is only the proposed transfer that is being deniedat this time. Further, this decision does preclude the Applicant fromattempting to transfer her permit to another adult child provided the residency requirements can be satisfied.
A copy of the appeal rights is attached to this decision.
Dated: August 24, 2022
KENNETH it UAPEER
Vehicle Hearing Officer
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 WOlympic Blvd., Suite 550, Los Angeles, CA 90064-1524.
I served the foregoing document described as DECISION, etc., by depositing a true copy thereon in the United States Mali in Los Angeles, State of California, on August 24, 2022, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows:
Margaret E. Moore
c/o Eric Moore
lUpper Terrace
Avalon, CA 90704
Rocio De La Cruz, Vehicle Clerk
City of AvalonP.O. Box 707
Avalon, California 90704I declare under penalty of peijury that the foregoing is true and correct.
Executed on August 24, 2022, at Los Angeles, California.
I
1\
V
Mari Martin1, Declarant
11(10/18, 4:14 PM
CHAPTER 4- APPEALS
Sec. 1-4.01 Right to Appeal.
(a) Except as otherwise specifcally provided in this Code, anyperson excepting to the denial, suspension. or revoCalion of ii permit applied for or held by him pursuant to any decision made by any appointive board of the City pursuant to any of the provisions of this Code may appeal in writing to theCnuncil by Jing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof. (b) 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 Council by filing with the City Clerk a written notice of such appeal setting forth thespecific grounds thereof.
A mended by § I Ord. 620. eff. March 18, 1976)
Sec. 1-4.02 Time Within Which an Appeal Shall be Filed.
The written notice of appeal shall be filed with the City Clerk within fifteen (IS) days after the receipt ot written notice of such action appealed from.
(l,Ord. 782, elI. November 13, 1985)
Sec. 1-4.03 Hearing: Notice.
The City Clerk shall forth’ith 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 suchhearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall showcause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the hearin2 from time to lime, and its findings on the appeal shall be final andconclusive in the matter r HAPTER 4- APPEALS
Pub,sbed by Clerk8ase
2016 b Clekbase No CIam to Cr1 mat Government Works
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 1, 2022 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: Oi&U
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2021-22 Year-end Unaudited Financial Results RECOMMENDED ACTION(S): Receive and file the Fiscal Year 2021-22 Year-end UnauditedFinancial Results Report.BACKGROUND: The following financial report as of June 30, 2022 is presented for the City Council’s review. The purpose of this report is to compare actual revenues and expendituresover year-end estimates to provide updated reserve estimates, with the focus on General Fundand Harbor Fund activities. The City’s external auditor, Davis Farr LLP, have started the audit process and should have the audit completed by January 2023. As such, the numbers in thisreport are unaudited. Staff will report the audit results and submit the Annual ComprehensiveFinancial Report (ACFR) to the City Council in January or February 2023.REPORT SUMMARY:Fiscal Year 2021 -22 General Fund Year End Results At the City’s budget adoption hearing hetd on June21, 2022, Staff projected FY 2021-22 General Fund revenues to end the year at $15.81 million and expenditures to end the year at $10.47million, resulting in a positive variance of $5.06 million after net transfers of $280 thousand. TheGeneral Fund unaudited actual year-end results show the City’s operations ending the year with total revenues of $16.36 million and total expenditures of $10.41 million, with revenuesexceeding expenditures by $5.78 million, after net transfers of $172 thousand. The followingtable summarizes Fiscal Year 2021-22 General Fund results:
Category FY2021-22 FY2021-22 Changes to
Year-End Estimates Unaudited Actuals Year-End Estimates Revenues $ 15,815,649 $ 16,362,719 $ 547,070
Expenditures (10,471,594) (10,413,384) 58,210Net Transfers In (Out) (280,000) (171,948) 108,052 Total $ 5,064,055 $ 5,777,385 $ 713,332
Compared to year-end estimates, the fund balance increased an additional $713 thousand to$12.56 million. This change was primarily the result of unaudited actual revenues exceeding year-end estimates developed during the fourth quarter of the fiscal year by $547 thousand.
General Fund Revenues
The table below summarizes major revenues and compares the revised budget and year-end estimated revenues to the year-end unaudited actuals. Revenues were categorized based ongroupings used in prior audited financials and may differ from groupings used in prior budgetpresentations.
Unaudited
. Adopted Year-End 1• Year-End
Revenue Budget Estimate Actuals
Property Tax $ 994,551 $ 1,235,525 $ 1,304,641
SalesTax 1,365.000 1,881,430 2,137,298
Admission Tax 581.000 827,154 846,740Transient Occupancy Tax 5,151,000 8,532,090 8703,537 Other Tax 625,000 796,846 827,429
Licenses. Permits, and Fees 415,950 591,680 601,822
Fines, Forfeitures, and Penalties 5,000 9,700 11,017
Investment Income 20,000 (68,937) (78,423)
Intergovernmental Revenue 2082,761 1,372,527 1,342,800
Charges for Services 415,800 562,681 582,480
Other Revenue 120,000 74,952 83,375
Total Revenues $ 11,776,062 $ 15,815,649 $ 16,362,719
Pandemic-related restrictions on outdoor dining and social distancing began to lift during the development of the Fiscal Year 2021-2022 Budget. In reaction to the ever-changing economicenvironment, Staff adopted a conservative approach to revenue projections to aVow for possible further downturns without significantly disrupting City operations. Revenues ended the fiscalyear up $4.59 million or 38.9% from the adopted budget, driven by transient occupancy tax (TOT) revenues up $3.55 million from budget estimates. Highlights to significant changes to the City’s major General Fund revenue sources are outlined below.Property TaxProperty tax revenues came in $69 thousand higher than year-end estimates and $310 thousand higher than budget estimates. The increase was primarily driven by underestimated ROPS residual property tax distributions, which exceeded budget estimates by S244 thousand. ROPSresidual property tax distributions are paid from the Successor Agency’s RedevelopmentProperty Tax Trust Fund (RPTTF) and reflect the remaining monies to be distributed after the Successor Agency’s debt obligations and administrative fees are paid.Sales TaxSales tax revenues include the City’s one percent (1%) share of the current ten percent (10%) sales tax, the one half percent (05%) add-on sales tax passed through to the Catalina Island Medical Center, and the City’s share of the one halt percent (0.5%) Public Safety Augmentation Fund distributed from the County. Sales tax revenues are largely visitor-driven with Restaurants and Hotels accounting for over half of sales tax revenues. Taxable sales for Restaurants and Hotels were up 61% compared to Fiscal Year 2020-2021, which operated under significant restrictions on bars and indoor dining for most of the fiscal year. Year-end estimates were based on estimates provided by the City’s sales tax consultant.
Transient Occupancy Tax
Transient Occupancy Tax (TOT) is the largest source of revenues in the General Fund and accounted for 532% of all General Fund revenues for the fiscal year ended June 30, 2022. TOT revenues were up $2.68 million or 446% from the prior fiscal year ended June 30, 2021. Whilehotel occupancy rates were up from the prior fiscal year, which was impacted with restrictions on non-essential travel during the winter season, the increase in TOT revenues was primarily attributable to increases in average room rates resulting in increased tax collections.
Intergovernmental
Intergovernmental revenues primarily consists of $880 thousand from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds (SLFR) from the American Rescue Plan Act, with the remainder from various grant revenues for planning studies and capital projects.
The decrease from budget estimates is attributable to delayed project expenditures to be reimbursed through grant funding in future years.
General Fund Balance Reconciliation
The City of Avalon adopted new budget and fiscal policies with the Fiscal Year 2021-2022 Budget, including reserve targets for the General Fund. The City’s reserve policy targets anunrestricted fund balance equal to at least six months of operating expenditures or approximately $5.30 million in reserves. The reserve target assumes other enterprise funds meet their targeted reserve levels, as well, or would otherwise need to increase to offset deficiencies in otherreserves.
At the end of the fiscal year, the General Fund’s unrestricted fund balance in the General Fundtotaled $12.56 million based on unaudited actuals. The unrestricted fund unaudited actuals exceeded year-end estimates by $713 thousand or 6.0% a reconciliation of the changes to estimates and the General Fund balanceYear 2021-2022. balance based on
The table below is
at the end of Fiscal
Unaudited
Adopted Year-End Year-End
General Fund Budget Estimate Actuals
Beg. Fund Balance $ 6,787,313 $ 6,787,313 $ 6,787,313
Add: Revenues 11,776,062 15,815,649 16,362,719
Add: Transfers-In 50,000 25,000 13,818
Total Revenues 11,826,062 15,840,649 16,376,537
Less: Expenditures (11,415,923) (10.471,594) (10,413,384) Less: Transfers out (335,500) (305,000) (185,766)
Total Expenditures (11,751,423) (10,776,594) (10,599,150) Unaudited End. Fund Balance $ 6,861,952) $ 11,851,368 $ 12,564,69850% Reserve Policy 5,875,711 5,388,297 5,299,575 Additional Reserves 986,240 6,463071 7,265,123
Fiscal Year 2021 -22 Harbor Fund Year End Results from Operations At the City’s budget adoption hearing held on June21, 2022, Staff projected FY 2021-22 Harbor Fund operating revenues to end the year at $8.89 million and operating expenditures to end the year at $6.23 million, resulting in net operating revenues of $2.66 million. The Harbor Fund unaudited year-end actuals show the Harbor’s operating revenues totaling $8.78 million and operating expenditures totaling $6.41 million for an operating income of $2.37 million. Grants and capital outlays are not included in this comparison. In addition to changes in year-end estimates, the differences are also attributable to the different basis of accounting used to present the budget and the financial statements for enterprise funds. The following table summarizes Fiscal Year 2021-22 Harbor Fund results:
Category FY2021-22 I FY2021-22 Changes to 1
Year-End Estimates Unaudited Actuals Year-End Estimates Operating Revenues $ 8,885,982 $ 8,779,968 ($ 106.014)
Expenditures (6,226,298) (6409,292) (182,994)
Total $ 2,659,684 $ 2,370,676 ($ 289,008)
Harbor Fund Revenues
The table below summarizes major revenues and compares the revised budget and year-endestimated revenues to the year-end unaudited actuals. Revenues were categorized based ongroupings used in prior audited financials and may differ from groupings used in prior budget presentations. For example, admissions tax revenues and interest income are considered nonoperating revenues in the financial statements but grouped with operating revenues in budget documents. The unaudited year end actual revenues exceed year-end estimates by $161 thousand.
Unaudited
Operating Revenues Adopted Year-End Year-End
(Financial Statements) Budget Estimate Actuals
Cross Channel Wharfage (103) S 2,195,000 S 2,670.398 $ 2,693,757 : Cross Channel Wharfage (104) 1,289,000 1,616,053 1609.822 Cruise Ship Wharfage 554,144 554,144 662,350
Nightly Moorings 1,818,000 1,943,187 1,990,437
Pier and Tideland Rentals 550,000 661,997 648,859Harbor Use Fees 385,000 415,840 449,626 Other Charges for Services 41 3,000 721,803 624,334Other Revenues 11,000 100,902 100,783 Total Operating Revenues $ 7,215,144 $ 8,684,324 $ 8,779,968 AdmissionsTax 155,000 201,658 236,152
Interest Income - - 31,233
Total Operating Revenues $ 7,370,144 $ 8,885,982 $ 9,047,353 Similar to General Fund revenue estimates, Harbor Fund revenue budgets were developed while several pandemic-related restrictions, including passenger capacity restrictions on crosschannel carriers and prohibition of cruise ship travel, remained in effect. As a result, Staffadopted a conservative approach to minimize potential future disruptions to operations from theongoing pandemic. The difference between year-end estimates and unaudited actuals isattributable to stronger than anticipated revenues during the final two months of the fiscal year, including cruise ship wharfage exceeding estimates by $108 thousand as a result of higher than anticipated ship occupancy rates. The increases to year-end estimates were partially offset bya portion of annual mooring revenues received recorded as unearned revenue for financial reporting purposes.
Harbor Operating Expenditures
The table below summarizes major expenditures and compares the revised budget and yearend estimated expenditures to the year-end unaudited actuals. Expenditures were categorized based on the groupings used in prior audited financials and may differ from groupings used inprior budget presentations. For example, the City’s contract for restroom maintenance is grouped under Repairs and Maintenance in prior audited financials and under Contract Services in prior budget presentations. In addition, non-cash expenditures included in financial statementshave been included separately for the unaudited year-end actuals.
Unaudited
Adopted Year-End Year-End
Operating Expenditures Budget Estimate Actuals
Salaries and Benefits $ 3,802,114 $ 3,631,097 $ 3,637,864 Pension and OPEB Expense - . - (468,821)
Contractual Services 1,119800 1,130,668 1,098,184
Office Supplies 3,000 3,481 3,471
Utilities and Rent 486,037 480,837 493,272Repairs and Maintenance 328,100 361,354 459,274 Operating Supplies 276,000 267,402 273,375Other Services and Charges 371,307 351,459 351,414 Reserve for Claims - - (5,947)Depreciation - - 567,207
Total Operating Expenditures $ 6,386,358 $ 6,226,298 $ 6,409,292 Unaudited year-end actuals categorized as ‘Repairs and maintenance” includes approximately $95 thousand in expenditures not eligible to be capitalized (e.g. repairs to float anchor chains under $5,000) that were not grouped as operating expenditures in the budget.
Harbor Fund Balance Reconciliation
The Harbor Fund is an enterprise fund using the full accrual basis of accounting for financial reporting purposes. However, the year-end estimates for the Harbor Fund as presented in thebudget are prepared with an emphasis on near-term cash transactions, resulting in additional differences between year-end estimates in the budget and the unaudited actuals in addition to changes to estimates. For example, certain non-cash transactions, such as depreciation, are not reported as budget expenditures but are included as operating expenditures in the financial statements. The unaudited financial statements include operating income in the Harbor Fund of $2.37 million. Year-end estimates for the Harbor Fund, as presented in the adopted budget, include net operating revenues of $2.66 million. Neither amount reflects the required adjustments as a result of new lease accounting standards to be incorporated into the auditedfinancials to be presented with the audit results. A reconciliation of the operating income from the unaudited financial statements to the year-end estimates included in the adopted budget has been included below.
Operating Income (Iinaudited Actuals) $ 2,370,676
Income received from admissions tax 236,152Income received from investments 31,233 Changes to year-end revenue (161,371)estimates
Depreciation expenses 567,207
Pension and OPEB expenses (468,821)
Other non-cash expenses (5,947)Changes to year-end expenditure 90,555estimates Operating Revenue (Year-End Estimate) $ 2,659,684
Harbor Working Capital
Enterprise funds distinguish between current and noncurrent assets and liabilities. For example, cash and receivables would be considered current assets and capital assets, such as buildingsand floats, would be considered noncurrent assets. Similarly, payables and accrued liabilities would be considered current liabilities and pension liabilities and loans payable would beconsidered noncurrent liabilities. Because of this distinction, the City is able to calculate working capital for the Harbor Fund, which is the measure of the City’s ability to meet short-termobligations.
The City of Avalon adopted new budget and fiscal policies with the Fiscal Year 2021-2022 Budget, including working capital targets for the Harbor Fund. The City’s reserve policy targets working capital to equal to at least four months of operating expenditures plus an additional $500,000 for capital outlays or approximately $2.64 million in working capital. The target should be periodically reconsidered based on certain factors including customer concentration, asset age and condition, and control over expenses.
Based on unaudited actuals, the Harbor Fund’s working capital is $1.40 million. The unaudited working capital figure does not reflect changes to lease receivable balances as a result of the new lease accounting standards. The table below provides working capital in the Harbor Fund over the past five fiscal years.
FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 I L $ 2,580,524 $ 1,947,110 ($ 179942) ($ 477,114) S 1,397,9871 GOAL ALIGNMENT: N/A
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Receive and file
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: N/A