Avalon City Council
December 20, 2022

AVALON CITY COUNCIL MEETING
TUESDAY, DECEMBER 20, 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) 610-0220. Notification 48 hours prior to the meeting willenable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-36.104 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. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.

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

Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in OralCommunication and address the City Council on an agenda item in person by waiting in the 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-1 9. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments toaskcityofavalon.com.

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetinqs *Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://us06web.zoom.usli/81 09251 951 3?pwd=ZOtLNWV2amgrdWl iSS9ZZnBIRIRpdzO9

ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link: httQs:/)us06web.zoom.us/i)81 09251951 3’?pwd=ZOtLNWV2amgrdWl iSS9ZZnBIRIRpdzO9 evenwhen submitting this request you will need to use the ‘raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wish toprovide comments.

CITY COUNCIL AGENDA
DECEMBER 20, 2022PAGE 2
1) Join Zoom Meeting via the internet:

URL: https://usO6web.zoom.us/j/81 09251951 3?wdZ0tLNWV2amqrdW1 iSS9ZZnBIRIRpdzO9 Meeting ID: 810 9251 9513
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: 810 9251 9513
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 Zoom website for information on use of this software.CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT! CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORTORAL COMMUNICATION Members of the public may address the City Council at this time. No action will be taken on non agenda items at this meeting. Speakers should limit comments to two (2) minutes each.

PRESENTATIONS

1. A representative from Southern California Edison will provide an update regarding Phase I mandatory water conservation.

2. City Staff will present the new City of Avalon website to City Council.

CITY COUNCIL AGENDA
DECEMBER 20, 2022PAGE 3

CONSENT CALENDAR
Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $1,428,260.95.o One payroll in the amount of $218,476.57.o Three electronic fund transfers totaling $147,718.56.

Recommended Action
Approve total expenditures for November 28, 2022 through December 9, 2022 totaling $1,428,260.95.

2. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council made findings pursuant to Assembly Bill 361 to continue to meet remotely. 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 January 17, 2023 meeting and thirty (30) days thereafter.

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

3. Photo Booth Encroachment and Lease Agreement
In 2017, the City Council approved an encroachment permit for Shana Cassidy, dba Catalina Photobooth. The permit was approved for a location near the intersection of Pebbly Beach Road and Crescent Avenue. The permit was approved for a three-year period and expired in May 2020.

Recommended Action

1. Approve an encroachment permit for a five year period for the continued use of a photo booth operated by Catalina Photobooth at the intersection of Pebbly Beach Road andCrescent Avenue, 2. Authorize the City Manager to approve future encroachment permits for Catalina Photobooth. 3. Authorize the City Manager to execute a lease agreement forthe area with terms as outlined in the Staff Report.

CITY COUNCIL AGENDA
DECEMBER 20, 2022
PAGE 4

4. Authorize the City Manager to Dispense with Competitive Purchasing Process --Catalina Boatyard Inc. and Diversified Composites Inc.

The City of Avalon’s Municipal Code (AMC) Chapter 3-4 outlines procedures for the procurement of services, supplies and equipment. The AMC requires competitive processes be used for purchases between $25,000 and $60,000. However, in specific circumstances, Section 3-4.111 outlines exceptions from bidding and other competitiveprocedures.

Recommended Action
Determine a competitive market does not exist for the maintenance of City-owned floats and authorize the City Manager or his designee to dispense with the competitive purchasing process and designate Catalina Boatyard Inc. and Diversified Composites Inc. vendors meeting the Economic Efficiency standard as outlined in the Avalon Municipal Code section 3-4.111 (c).

5. Consideration of a Planning Commission Resolution Recommending City Council Adoption of the Annual Growth Policy for 2023
The Avalon Municipal Code stipulates that the City Council, in conjunction with the Planning Commission, shall review the growth permitted in the preceding ten months, review the effects and demands of such development and any additional development upon the City’s natural resources, and determine, by resolution, the amount and type of growth the City will permit in the succeeding year, as well as City priorities for growth.

Recommended Action
Adopt a resolution establishing the City of Avalon’s Annual Growth Policy for 2023.

GENERAL BUSINESS

6. Cruise Ship Annual Report for the year ending December 31, 2022 In 2020, the City Council adopted a resolution establishing guidelines for the approval of cruise ships visiting Avalon through 2022. The resolution further requires Staff to provide an annual report on cruise ship vessels that includes the number of vessels, number of passengers, amount of wharfage collected, any safety or security incidents, as well asprojections and scheduling information for the next year.

Recommended ActionReceive and file the Cruise Ship Annual Report for the calendar year ending December 20, 2022 and adopt a resolution establishing the approval guidelines for cruise ships.

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, December 20, 2022 was posted on Friday, December 16, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
biin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM: 1ORIGINATING DEP: Finance PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
CITY MANAGER:

RECOMMENDED ACTION(S): Approve total expenditures for November 28, 2022 through December 9, 2022 totaling $1,428,260.95.

REPORT SUMMARY: These disbursements through December 9th are comprised of warrants totaling $1,428,260.95, one payroll totaling $218,476.57, and other electronictotaling $147,718.56.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35281-35345 S 1,062,065.82 12/09/22PAYROLL 215,476.57 12/02/22 EFT -CALPERS MEDICAL 73,712,55 12/02/22EFT - CALPERS RETIREMENT 36,413.75 12/02/22EFT -CALPERS RETIREMENT 36,413.92 12/02/22 EFT -HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1.178,34 12/09/22 TOTAL DISBURSEMENTS $ 1,428,260.95
GOAL ALIGNMENT: Ongoing meeting of City obligations.

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

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:

FOLLOW UP ACTION: N/A
N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act. fund transfers
ATTACHMENTS: Audit Certificate. Warrant List, US Bank Credit Card Details

CITY OF AVALON
NOVEMBER 28, 2022- DECEMBER 9,2022 DISBURSEMENTS
December 20, 2022

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35281-35345 $ 1,062,065.82 12/09/22 PAYROLL 218,47657 12/02/22EFT -CALPERS MEDICAL 73,712.55 12/02/22EFT -CALPERS RETIREMENT 36,413.75 12/02/22 EFT-CALPERS RETIREMENT 36,413.92 12/02/22Err- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,178.34 12/09/22 TOTAL DISBURSEMENTS $ 1,428260.95

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.

APPROVED AND AUDITED THIS
20TH DAY OF DECEMBER 2022 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 20TH DAY OF DECEMBER 2022AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON
NOVEMBER 7,2022 - NOVEMBER 25, 2022 DISBURSEMENTS
December 6, 2022
AAA OIL, INCALEGRIA, VALE NTEAMAZON CAPITAL SERVICES, INC.ARIENS SPECIALTY BRANDS LLCAT & TAVALON ENVIRONMENTAL SVCSAVALON FREIGHT SERVICES, LLC

AVALON MOORING & DIVING

BEST, BEST & KRIEGER, LLPBEYOND SOFTWARE SOLUTIONSBOUND TREE MEDICAL

CAL ACT

CATALINA BEVERAGE CO
CATALiNA BROADBAND SOLUTIONSCATAUNA EXPRESS

LONG, DAVID
CATALINA ISLAND MEDCAL CENTERCATALINA ISLAND MEDICAL CENTERCATALINA SLANDERCHARLIES CATALINA CANTINACLAUSEN. JANETCLINE, KEN CO. OF LOS ANGELES SHERIFF’S DEPT.COLLINS COLLINS MUIR & STEWARD. LLPCOOK, AMANDACOUNTY OF LOS ANGELES FIRE DEPT DANGELO CODAPEER. ROSENBLIT & LITVAK.LLP

DAWES, BRIANDION &SONS MARINE FUELS INCECS IMAGING, INCEDISON rLICKINGER. WILLIAMGALLS. LLCGARCIA, BErrY JOGRAINGEREERNANDEZ. OLGAHOEFS, STEVENHOME DEPOT CREDIT SERVICESISLAND THREADZKARSTENS, KARL KERWIEN, JOSHKRUG, MICHAELLLEWELLYN SUPPLY CO.LOPEZ, LEONARDLOPEZ, PASTORMATTHEWS INTERNATIONAL CORPORATION

SULLIVAN, MATTHEW
FUEL ‘ALL DEPTSRETIREE INSURANCE -07-12/2022SUPPLIES - ALL DEPARTMENTS

UNIFORMS - PUBLIC WORKS
COMMUNICATIONS-ALL DEPARTMENTSCONTRACT SERVICES-11/2O22

FREIGHT-ALL DEPARTMENTS

SERVICE-HARBOR
LEGAL FEES - 09/2022, 11/2022

CONTRACT SERVICES - ITSUPPLIES - FIREANNUAL MEMBERSHIP -TRANSIT

SUPPLIES - ALL DEPARTMENTS

INTERNET - ALL DEPARTMENTS
SUBSIDY - 11/2022, RAVL - S-IERIFFFS, TRA\SCONTRACT SERVICES - CDO

EMPLOYEE SCREENING

SALES TAX PASS THRU

ADVERTISING - ALL DEPARTMENTS
CHRISTMAS PARTY 2022
RETIREE INSURANCE - 01-12/2022RETIREE INSURANCE - 07-12/2022RESIDENT DEPUTY - 08/2022, 10/2022LITIGATION COSTSRETIREE INSURANCE -12/2022

QUARTERLY PAYMENT - PARAMEDICSSUPPLIES - PUBLIC WORKS

SERVICE - VEHICLES
RETRIEE INSURANCE - 01-12/2022HJEL - HARBOR

SERVICE - ITUTILITIES - ALL DEPARTMENTS
RETIREE INSURANCE - 08-12/2022UNFORMS ‘FIRERETIREE ‘NSURANCE -12/2022 SUPPLIES ‘PUBLIC WOR<S
RETIREE INSURANCE -07-12/2022RETIREE NSURANCE -07-12/2022SUPPLIES -PUBLIC WORKSUNIFORMS - FIREREIMB 0/P COSTSSERVICE -HARBOR RETIREE INSURANCE - 07-12/2022

SUPPLIES -HARBOR
RETIREE INSURANCE -07-12/2022RETIREE INSURANCE -07-12/2022

SUPPLIES -CEMETERY

PROGRESS PAYMENT I

AMOUNT NAME DESCRIPTION

CHECK DATE

NUMBER ISSUED
35281 12/09/2022 2,793.68
35282 12/09/2022 182.8235283 12/09/2022 4,234.3335284 12/09/2022 785.1635285 L2/09/2022 1,507.80 35286 12/09/2022 146,109.88
35287 L2/09/2O22 1,891.84
35288 12/09/2022 1,758.90
35289 L2/09/2022 43,417.6935290 12/09/2022 1,3560035291 12/09/2022 667.90 35292 12/09/2022 615.0035293 12/09/2022 5,794 893S294 12/09/2022 2,003753529S 12/09/2022 52,970.6535236 12/09/2022 20,400.0035297 12/09/2022 732.6235238 12/09/2022 110,302.4935299 12/09/2022 1,130.0035300 12/09/2022 6,302.40 35301 12/09/2022 3,848.1035302 12/09/2022 3,950.5235303 12/09/2022 271,135.7335304 12/09/2022 5,069.2035305 12/09/2022 705.8735306 12/09/2022 231,277.2535307 12/09/2022 2,132.4535308 12/09/2022 1,922.5035309 12/09/2022 3,642.0035310 12/09/2022 589.41 35311 12/09/2022 4,900.0035312 12/09/2022 38,903.2735313 12/09/2022 3,705.0035314 12/09/2022 1,173.6935315 12/09/2022 774.1935316 12/09/2022 608.44 35317 12/09/2022 1,346.6435318 12/09/2022 2,224.14
35319 12/09/2022 1,043.9935320 12/09/2022 66.00
35321 12/09/2022 24.1335322 12/09/2022 220.0035323 12/09/2022 1,838.2235324 12/09/2022 522.513532S 12/09/2022 4,235.22 35326 12/09/2022 1,346.6435327 12/09/2022 438.4235328 12/09/2022 26,410.00

CITY OF AVALON
NOVEMBER 7,2022 - NOVEMBER 25, 2022 DISBURSEMENTS
December 6, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
35329 12/09/2022 344.10 MM INTERNET, INC. SERVICE - IT
35330 12/09/2022 15.51 MRC SMART TECHNOLOGY SOLUTIONS SUPPLIES - ADMIN 35331 12/09/2022 175.00 OLSON, ADAM REIMB 0/P COSTS35332 12/09/2022 1,086.12 POINDEXTER, JAMES RETIREE INSURANCE - 07-12/202235333 12/09/2022 1,118.99 QUADIENT POSTAGE REFILL35334 12/09/2022 1,468.40 QUILL CORP SUPPLIES - ALL DEPARTMENTS35335 12/09/2022 423.48 RICOH USA, INC. COPIER LEASE - PLANNING35336 12/09/2022 182.82 ROMO, JOHN RETIREE INSURANCE - 07-12/202235337 12/09/2022 5,405.00 ROSENOW SPEVACEK GROUP, INC SERVICE - HOUSING & SUCCESSOR AGENCIES35338 12/09/2022 9,357.91 SIRIA’S CLEANING SERVICE 1ST HALF 12/202235339 12/09/2022 7,067.00 SWRCB PERMIT FEES - WWTP35340 12/09/2022 626.61 THOMPSON, DEVIN REIMB 0/P COSTS35341 12/09/2022 5,000.00 TOWNSEND PUBUC AFFAIRS, INC SERVICE - ADMINSITRATION 35342 12/09/2022 250.00 UNITED PHOENIX FIREFIGHTERS ASSOC. ANNUAL DUES - FIRE35343 12/09/2022 10,050.17 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL35344 12/09/2022 395.00 WARNER, GREG REIMB 0/P COSTS35345 12/09/2022 82.38 WITMER PUBLIC SAFETY GROUP, NC. SUPPLIES - FIRE S 1,052,065.82

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID DECEMBER 9,2022
December 20, 2022

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT ALEGRIA 10/19/2022 100.10 CAFÉ MTEROPOLE MEETING SUPPLIES FIREALEGRIA 10/19/2022 385.00 CAFÉ MTEROPOLE MEETING SUPPLIES FIREALEGRIA 10/28/2022 43.24 VONS CHAMBER MIXER SUPPLIES FIREALEGRIA 10/31/2022 111.25 VONS CHAMBER MIXER SUPPLIES FIREALEGRIA 10/31/2022 33.89 VONS CHAMBER MIXER SUPPLIES FIREALEGRIA 11/9/2022 7.67 EBAY RADIO SUPPLIES FIREALEGRIA 11/11/2022 126.11 JMAC SUPPLY BUILDING MAINTENANCE FIRECARSTARPHEN 10/24/2022 232.50 CATALINA EXPRESS TRAVEL- EMT TRAINING HARBORCARSTARPHEN 10/24/2022 569.12 HILTON HOTELS LODGING HARBORCARSTARPHEN 10/25/2022 232.50 CATALINA EXPRESS TRAVEL HARBORCARSTARPHEN 10/26/2022 18.68 HOME DEPOT MAINTENANCE SUPPLIES HARBORCARSTARPHEN 10/27/2022 32,95 CHEFS HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 10/28/2022 7.85 USPS FREIGHT HARBORCARSTARPHEN 1D/31/2022 3.99 WEATHERFLOW WETHER SERVICE SUBSCRIPTION HARBORCARSTARPHEN 11/4/2022 500.00 DATATEL PAYMENT SERVICE HARBORSCHMIDT 10/2D/2D22 578.92 JONES & BARTLETT LEARNING EMT TRAINING HARBORSCHMIDT 10/24/2022 970.00 AIR BNB LODGING HARBORSCHMIDT 10/26/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBOR SCHMIDT 10/28/2022 1,525.34 RUGGED COMPUTERS LAPTOP HARBOR SCHMIDT 10/31/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 10/31/2022 1,232.47 AIR BNB LODGING HARBOR SCHMIDT 11/2/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/3/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBOR SCHMIDT 11/7/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBOR SCHMIDT 11/7/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/7/2022 2,704.59 AIR BNB LODGING HARBORSCHMIDT 11/9/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/10/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/14/2022 14.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/14/2022 8.00 UCLA SELF SERVE PARKING PARKING HARBORSCHMIDT 11/14/2022 500.00 AIR BNB LODGING HARBOR 10,050.17 CHECK 35343

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM: ‘2-ORIGINATING DEP: City Attorney CITY MANAGER: yLLJL.

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 proclaimed by the Governor still exists and has been considered by the City Council in deciding to continueto 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 safetyof attendees.REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. Newly enacted AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

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

Most public agencies have been holding public meetings using virtual platforms since this time.In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30: 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

Specific Findings Required underAB 361Under 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 their determination, and one of two secondary criteria listed below exists:

1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
6509.00034520811

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 December 6, 2022 City Council meeting.

Consistent with the provisions of Government Code Section 54953(e), the findings must be made every 30 days “after teleconferencing for the first time” under AB 361. Thus, if the City Councildesires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that a result of the COVID-1 9 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 January 17, 2023 meeting and thirty(30) days thereafter.

It is recommended that the City Council make these findings.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-1 9 pandemic.FOLLOW UP ACTION: That the City Council make the findings under AS 361 at its January 17, 2023 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.
6505900000\3452048 1.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM: 3
ORIGINATING DEP: Administration CITY MANAGER: LALk.

PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Photo Booth Encroachment and Lease Agreement
RECOMMENDED ACTION(S): 1 Approve an encroachment permit for a five year period for the continued use of a photo booth operated by Catalina Photobooth at the intersection of Pebbly Beach Road and Crescent Avenue. 2. Authorize the City Manager to approve future encroachment permits for Catalina Photobooth. 3. Authorize the City Manager to execute a lease agreement for the area with terms as outlined in the Staff Report.

REPORT SUMMARY: On May 16, 2017, the City Council approved an encroachmentpermit for Shana Cassidy, dba Catalina Photobooth. The permit was approved for alocation near the intersection of Pebbly Beach Road and Crescent Avenue — across theCatalina Island Conservancy’s Trailhead building. The permit was approved for a threeyear period and expired in May 2020. City Staff recommend approval of the encroachment permit and authorizing the City Manager to approve encroachment permitextensions so this item does not need to be brought before the City Council every five years.

In addition to the encroachment, Catalina Photobooth leases the area the booth occupies within the public right-of-way. Though the lease term mirrored the encroachment, it did not link the lease to the encroachment. If City Council approves the encroachment, City Staff recommend executing a new lease that will link the two items so if the encroachment is revoked, the lease is terminated as well.

City Staff recommend the lease terms for Catalina Photobooth reflect standard terms with the following changes:
- Adjusted CPI square footage rate for rent calculations.- Removal of Year-End Annual Reconciliation process. (Section 3(e)).- The City may terminate the lease agreement if the encroachment is revoked.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Catalina Photobooth will not have an encroachment permit for its photo booth.

FOLLOW UP ACTION: Implement City Council direction.ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
1) Lease Agreement
2) May 16, 2017 Staff Report
3) May 16, 2017 Minutes
. ORISINA[ to-f 2

LEASE AGREEMENT
This Lease Agreement (“Lease’), effective June 1, 2018 (‘Effective Date”), is entered into between the CITY OF AVALON, a municipal corporation (‘Lessor”), and Shana Cassidy, dba. Catalina Photobooth (“Lessee”), (each individually a “Party’ and collectively the “Parties”).

RECITALS
A. Lessor is the owner of certain real property, including the improvements thereon, located in the City of Avalon referred to as Crescent Avenue/Pebbly Beach Road, and that is described in detail in Exhibit 1 (the “Property), B. Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee, a portion of the Property as described in more detail in the Lease on the terms and conditions set forth herein.

C. This Lease is based on a standard lease form that is used by the Lessor for all leases entered into by the Lessor. To the extent that Lessee believes that certain of the standard provisions of this Lease were not intended to apply to the Property becauseof the specific nature, intended use, or location of the Property, Lessee should notify the City of Avalon Lease Department. This Recital C in no way relieves Lessee of any of itsobligations under this Lease.

LEASE
NOW THEREFORE, the Parties agree as follows:

1. Property. Lessor leases to Lessee, and Lessee [eases from Lessor the Property, consisting of 17.52 square feet of exterior space which is described in Exhibit 1attached hereto and incorporated herein by reference. Lessor and Lessee agree that if Lessor makes additionaL space available to Lessee and Lessee accepts such space, that space shall automatically be included in the Property and the terms of this Lease shallautomatically apply thereto, unless otherwise agreed by the Parties.

2. Term.
(a) Term. The term of this Lease shall be from June 1, 2018, to June 30, 2021 (“Initial Term’). Lessor shall have the option to renew this Lease for one three(3) year period provided Lessor gives Lessee written notice of intent to renew the Leaseat least sixty (60) days prior to June 30, 2021, but no more than 180 days prior to June30, 2021 and the Parties agree to the terms and conditions (“Renewal Term”). The Initial Term and Renewal Term are referred to collectively herein as the “Term.” (b) Termination. Lessee may terminate the Lease on sixty (60) days’ written notice to the Lessor.

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3. Rent.
(a) Calculated on Square Footage or Percentage of Total Sales Basis.

Lessee shall pay Lessor rent each month, the higher of either i, in the amount determined by multiplying the square footage of the Property by four dollars ($4.00) or;
ii. an amount equal to eight percent (8%) of all gross receipts at the Property, whichever is higher. Gross receipts shall mean the total amounts received from all revenue sources during the relevant period, except admission taxes, sales taxes, California redemption taxes, City of Avalon Use Taxes/fees, reasonable commissions which are paid to third parties and amounts received from activities upon which City Harbor and Use Fees and Admission Taxes are based. For purposes of calculating Gross Receipts, such commissions paid to third parties shall not exceed 20% of the price paidby the consumer/customer.

In the event that Lessor makes additional space available for Lessee’s use, that space shall automatically be included in the Property, as defined in Paragraph 1 ofthis Lease, and the square footage of the Property used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the total square footage of the Property. There shall be no reductions in square footage for thepurpose of calculating rent during the off-season.

The amount charged per-square-foot shall be automatically increased each year on July 1 in an amount equal to any increase in the most recent Consumer Price Index released annually by the U.S. Bureau of Labor Statistics. In the event the Consumer Price Index decreases, no change in rent charged per-square-foot shall be made.
(b) Payment Procedures. Lessee shall remit its monthly rent by no later than the thirtieth day after the end of each month during the Term of this Lease to Lessor at the address stated herein. Each monthly payment shall be accompanied by an accounting of total sales for that month. Rent for any period shorter than one month shall be pro-rated on a daily basis. There shall be no off-season period where rent is reduced or not due; rent shall be due on the thirtieth day of each month regardless of whether the Property was open for business during the month. Lessee is responsible for making the payments required by this section and Lessor will not and is under no obligation to send monthly invoices to Lessee regarding any such payments. (c) Under-Payment Penalties. In addition to the late payment penalties described in Paragraph 19 of this Lease, if Lessor determines that Lessee has under reported its income resulting in a rent payment of less than what it should have paid, the following penalties apply;
(i) If the under-reporting of total sales resulted in a rent payment of greater than 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty equal to 10% of the difference. (ii) if the under-reporting of total sales resulted in a rent payment of

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less than or equal to 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus
a penalty payment equal to the entirety of that month’s rent, for each month the under-reporting occurred.
(d) Disclosure. At the time that Lessee is required to pay rent each month pursuant to this Section 3, Lessee must provide Lessor with detailed information regarding the total gross receipts for each month, regardless of whether Lessee is required to pay the square footage price pursuant to Section 3(a)(i). (e) Year-end Annual Reconciliation. Within 30 days after the end of every calendar year during the Term, based on the information provided by Lessee and any independent audit of Lessor, Lessor shall determine: (1) the amount Lessee would have paid for the entire calendar year if Lessee paid the square footage rent in Section 3(a)(i) each month; and (2) eight percent (8%) of the Lessee’s total gross receipts asdefined in Section 3(a)(ii), for the entire calendar year. Lessee is responsible for paying Lessor the higher of the two amounts (“Higher Amount”). If Lessee’s monthly rentpayments paid to Lessor for the entire year are less than the Higher Amount, Lessee shall pay Lessor the difference between what was paid and the Higher Amount within thirty days of receipt of such information from Lessor. If Lessee’s monthly rent payments paidto Lessor for the entire year equal more than the Higher Amount, Lessor shalt reimburse Lessee the difference between what was paid and the Higher Amount within thirty days of making the determination in this Section 3(e).

4. Use.
(a) Use. Lessee shall occupy and use the Property only for the installation and use of
a photobooth and for no other purpose whatsoever T-he-P-roperty shall bo open for businoes at least nine (9) months each year for the Torm of the Lease and Loecqo may dotermine their own hours and days of operation. (b) Compliance with Law. Lessee shall, at all times and at Lessee’s expense, comply with all applicable federal, state and local laws, rules, regulations, and orders, and all covenants and restrictions of record regulating the Property and Lessee’s use of the Property. Lessee shall not use nor permit the use of the Property in any manner that will violate the same or disturb other property owners or tenants in the areas surrounding the Property or Property.
(c) Condition of Property. Lessee has examined the Property and agrees to take possession ih an “as is” condition. Lessee acknowledges and agrees that Lessor has made no representations, guarantees or warranties regarding the Property, or its fitness for any particular purpose, or regarding any common areas or improvements thereon, nor has Lessor made representations, guarantees or warranties regarding whether the Property and common areas and improvements thereon comply with applicable laws, rules, regulations, orders, or any covenants or restrictions of record in effect at the Effective Date of this Lease. Lessee assumes all responsibility regarding the California Occupational Safety Health Act, the legal use and adaptability of the Property and compliance with all applicable laws, rules, regulations, orders and covenants or record in effect during the Term of this Lease relating to the Property except as otherwise specifically stated in this Lease.

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5. Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contamination of the Property by Hazardous Materials, For the purpose of this section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” hazardous wastes,” “extremely hazardous wastes” or “restricted hazardous wastes” or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 u.s.c. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any
substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

Notwithstanding any other provision of this Lease, Lessee agrees to comply promptly, and at Lessee’s sole cost, with all applicable federal, state and local Jaws, rules regulations, permits and orders governing the use, management, storage, handling, cleanup, removal, disposal and shipping of Hazardous Materials. Lessee shall dispose of all trash and waste generated at the Property in
a trash container at
a location designated by Lessor.

6. Lessee’s Repair and Maintenance Obligations.
(a) Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Property and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the need for such repairs occurs as a result
of Lessee’s use, any prior use, the elements, or the age of such portion of the Property.

This includes, but is not limited to, glazing, plumbing, heating, air conditioning, ventilation, electrical and lighting fixtures and facilities, all equipment within the Property, fixtures, walls (interior and exterior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, tree-trimming, and all fences and signs located on the Property.

7. Surrender. On the last day of the Term of this Lease, or on the date this Lease is earlier terminated, Lessee shall surrender the Property to Lessor in the same condition as when received, ordinary wear and tear and damage by casualty excepted, clean and free of debris. Lessee shall remove all trade fixtures, furnishings and equipment owned by Lessee and shall repair any damage to the Property occasioned by the installation or removal of Lessee’s trade fixtures, furnishings and equipment.

8. Lessor’s Right to Undertake Lessee’s Obligations. If Lessee fails to perform any of Lessee’s obligations under any paragraph of this Lease, Lessor may, at itsoption (but shall not be required to), enter upon the Property after ten (10) days’ prior written notice to Lessee (except in the case of an emergency, as determined by Lessor, in its sole discretion, in which case no notice shall be required), and perform such obligations on Lessee’s behalf. Any costs incurred by Lessor pursuant to this Paragraph, including interest thereon, shall become due and payable to Lessor together with Lessee’s next rent installment.

9. Damage to Property. In the event that repairs are necessary to alleviate structural hazards because the Property is damaged by circumstances not caused by the Page
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negligence or willful misconduct of Lessee, its employees, contractors, agents, invitees or guests, Lessee shall inform Lessor in writing of such necessity. Lessor shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs. In the event Lessor elects to terminate this Lease, no rent shall accrue or be payable to the Lessor after the date Lessor terminates the Lease. If repairs which are made by Lessor prevent the Lessee from occupying a portion of the Property,
but Lessee is able to operate on the Property during such repairs, Lessee shall be entitled to
a proportionate reduction in the monthly rent, based on the ratio the floor area which Lessee is unable to occupy, from the date such repairs are commenced until the date the entire Property is available for Lessee’s occupancy. If the damage prevents Lessee from operating on the Property, then no rent shall be due from the date of damage, as determined by Lessor in its sole discretion, until completion of repairs. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessors expense or to terminate this Lease because of Lessor’s failure to keep the Property in good order, condition and repair.

10. Alterations and Additions. Lessee shall not make any alterations, improvements, additions, Utility Installations exceeding $5,000 (Five Thousand Dollars) in value, hang or paint any signs visible from the exterior of the Property, or make any change to the exterior of the Property, without Lessor’s prior written consent. The term“Utility Installation” shall mean installation of carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning,plumbing, and structural changes. If Lessor authorizes any alterations, improvements, additions, or Utility Installations, all such improvements shall be Lessee’s sole responsibility and shall be installed and removed at Lessee’s sole cost and expense.

Upon the removal of any improvement, alteration, addition or Utility Installation, Lesseeshall restore the Property to its prior condition. Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense,
a lien and completion bond in an amount
equal to one and one-half times the estimated cost of such improvements. Should Lessee make any alternations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee immediately remove any or all of the same.

11. Release of Claim For Relocation Benefits. Lessee hereby acknowledges and agrees that Lessee has no claim or right to relocation benefits or compensation ofany kind or nature upon termination of this Lease for any reason, even if such termination was made by the unilateral election of Lessor in its sole discretion. Lessee expressly waives any and all claims or rights to receive relocation benefits or compensation of any kind or nature. Lessee acknowledges that Lessor would not enter into this Lease but for this acknowledgment and waiver by Lessee. During any period of repair or reconstruction by Lessor during the Term of this Lease that requires Lessee to vacate the Property,Lessor shall be under no obligation to provide alternative space to Lessee, but Lessee shall be relieved of the obligation to pay rent during such time that Lessee is unable to utiilze the Property. Lessee shall vacate the Property within sixty (60) days’ written notice to vacate for such purpose and shall be solely responsible for all costs of vacating from and relocating to reconstructed or newly constructed space, if any is available.

12. Insurance. The Lessee shall provide the Lessor with a copy of insurance
upon execution of the Lease and upon renewal of insurance as follows:

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(a) Workers Compensation insurance. The Lessee is required to provide evidence of workers’ compensation coverage as follows:

Workers’ Compensation insurance with statutory limits as required by the Labor Code of the State of California.
ii. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.
iii. The policy must include a written waiver of the insurers right to subrogate against the City of Avalon.
(b) Liability Insurance. For the Term of the Lease, Lessee shall maintain and keep in full force Commercial General Liability Insurance no less broad than ISO form CG 00 01 against any liability arising out of the ownership, use occupancy, or maintenance of the Property, and operation of Lessee’s business at the Property and all appurtenant thereto when used by Lessee. Such insurance be no less than the following:

Minimum Limits: 1,000,000 per Occurrence; 2,000,000
General Aggregate; the General Aggregate shall apply
separately to each location.
ii. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25000. iii. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of the premises leased to the Tenant/Lessee/Concessionaire (ISO form CG 20 11 or equivalent).

Lv. The insurance provided to the City of Avalon as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City of Avalon.
v. The policy must cover inter-insured suits and include a “separation of lnsureds” or ‘severability” clause which treatseach insured separately. (c) Property Insurance.

Prior to Lessee’s entry upon the Properly and for the Term of the Lease, Lessee shall obtain and keep in full force and effect a policy of insurance covering loss or damage to the Property,in the amount of the full replacement value thereof, against all perils included within the classification of fire, extendedcoverage, vandalism, malicious mischief, commonly known as “broadform coverage.” Lessee shall provide Lessor a copy of this insurance policy upon execution of this Lease.

65059.00003\850961 7.1
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ii. Lessee shall also insure its fixtures, equipment and tenant improvements on the Property at its sole cost and expense. hi. The limits of said insurance shall not, however, limit the liability of Lessee hereunder.
iv. Lessee must name the City as Loss Payee on its property policy.
(d) Restrictions; Endorsements.

Lessee shall not do or permit to be done anything which shall invalidate the insurance policies during the Term of this Lease.

All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor’s option, any additional parties designated by Lessor) as an additional insured; (2) provide that suchinsurance is primary to any policy of Lessor, which shall not be called upon to contribute in any way; and (3) provide that the policy shall not be cancelled, terminated or modified without first providing thirty (30) days’ prior written notice to Lessor. ii. All insurance policies must be issued by an insurer with an A.M. Best rating of at least A:Vll. Lessee shall provide immediate written notice if (1) any of the required insurancepolicies are terminated; (2) the limits of any of the requiredpolicies are reduced; or (3) the deductible or self-insuredretention is increased.

13. Indemnification and Release.
(a) Indemnification. Lessee shall indemnify, defend, reimburse and hold harmless Lessor from and against any and all demands, claims, losses, damages orliabilities of any kind or nature, including claims for damage to property or persons, including wrongful death (“Claim’), arising from or in connection with any act or omission of Lessee, including Lessee’s active and passive negligence or Lessee’s use of the Property or Property under this Lease, including, without limitation, any activity, work or things done, permitted or suffered by Lessee in or about the Property or elsewhere on the Property and any breach or default by Lessee of this Lease. If any action or proceeding isbrought against Lessor by reason of any such Claim, Lessee’s obligation to defend thesame shall be done with counsel approved in advance by Lessor (b) Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee’s business or any lossof income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s employees, contractors, agents, invitees, guests, or any other person on the Property, nor shall Lessor be liable for injury to the person of Lessee, Lessee’semployees, agents, contractors, guests or invitees caused by any reason whatsoever, including without limitation, by fire, steam, electricity, gas, water, rain, the breakage,leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air

65O59.00003\850961 7.1
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conditioning or lighting fixtures on the Property or Property, or from any other cause or condition arising upon the Property or upon other portions of the Property which the Property are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor’s sole gross negligence orwillful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Property.

14. Utilities. Lessee shall arrange and timely pay for all gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Property, together with any taxes thereon.

15. Assignment and Subletting.
(a) Except as otherwise provided below, Lessee shall not convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Property during the Term of this Lease, nor allow any other person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the Property, or any portion thereof, without Lessor’s prior written consent, which may be refused in Lessor’s sole discretion. (b) Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, or encumbrance shall be void where such consent has not been obtained, and the original Lessee shall remain responsible for any unpaid rents, fines, fees, or other liabilities arising from or related to the Property.
(c) Any subletting approved by Lessor shall not relieve Lessee of any of its obligations or liabilities under this Lease, and both Lessee and any subsequentlessor(s) will be deemed to be bound by this Lease. (d) Any dissolution, merger, consolidation, or other reorganization of Lessee or sale which results in a change of controlling persons shall be deemed anassignment of this Lease. Any such assignment or subletting without advance written consent of Lessor shall be void, and shall, at the option of the Lessor, constitute a default under the terms of this Lease.
(e) Lessee may transfer this Lease upon the sale or other transfer of substantially all of the assets of Lessee, provided Lessee first obtains Lessor’s written consent, which shall not be unreasonably withheld and provided Lessee pays to Lessor alease transfer fee equal to three percent (3%) of the sale price with a cap of $30,000 of Lessee’s business (°Transfer Fee”). The Transfer Fee shall not apply to a transfer of thisLease upon the transfer of a controlling interest in Lessee’s business to a member of theimmediate family of such controlling person , or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee’s business has multiple locations ard Lessee assigns, sublets, or transfers theLease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.

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16. Defaults and Remedies.
(a) Defaults. In addition to those items already designated to be a
breach or default of this Lease elsewhere in the Lease, the occurrence of any of the following events shall be
a material breach of this Lease and shall constitute an event of defau It:

Abandonment, vacation, or surrender of the Property by
Lessee without Lessor’s prior written consent (failure to occupy and/or operate the Property for ten (10) consecutive days shall be deemed an abandonment and vacation, unless at least ten (10) days before failing to occupy or operate the Property Lessee gives Lessor written notice that Lessee intends to continue using the Property and will continuemaintaining the Property while it is vacant, or the dispossession of Lessee from the Property (other than by Lessor by process of law or otherwise). ii. The failure by Lessee to make any payment of rent or any reimbursement or payment required to be made by Lessee, including applicable Harbor Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the operation of the business or use of the leased facilities hereunder, as and when due, where such failure shall continue for
a period of three (3) days after written notice thereof from Lessor to Lessee.
iii. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, if the failure has continued for
a period of ten (10) days after Lessor demands in writing that Lessee cure the failure, provided however, that if the nature of Lessee’s default is such that more than ten (10) days are reasonably required for its cure, in Lessor’s sole discretion, Lessee shall not be deemed to be in default if Lessee commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to completion to the satisfaction of Lessor.
iv. The making by Lessee of any general arrangement or
assignment for the benefit of any creditor, Lessee becoming a “debtor” as defined in 11
U.S.C. 101; the appointment of
a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Property or of Lessee’s interest in this Lease, where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Lessees assets located at the Property or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
(b) Remedies. In the event of any such material breach or default by Lessee, Lessor may at any time thereafter, with or without notice or demand, and withoutlimiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach, do any of the following:

Terminate the Lease on sixty (60) days’ written notice to Lessee, in which case Lessee shall immediately surrender possession of the Property to Lessor on the termination date specified by Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee’s default Page
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including, but not limited to, the cost of recovering possession of the Property, including all attorneys’ fees and court costs incurred, if any; expenses of reletting, including necessary renovation and alteration of the Property, reasonable attorneys’ fees, and any real estate commission actually paid in connection with such reletting; the value of the amount by which the unpaid rent for the balance of the term after the time of such awardexceeds the amount of such rental loss for the same period that Lessor proves could not reasonably be avoided; and that portion of the leasing commission, if any, paid by Lessor for the unexpired Term of this Lease.

Maintain Lessee’s right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned or vacated the Property. In such event, Lessor shall be entitled to enforce all of Lessor’s rights and remedies under this Lease, including the right to recover the rent as it becomes duehereunder. iii. Pursue any other remedy available to Lessor at law or in equity.

17. Possessorv Interest Tax. Lessee hereby recognizes that this Lease may create
a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest.

18. Late Charges. Lessee acknowledges that late payment of rent or any sums due under this Lease will cause Lessor to incur costs not contemplated herein, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any sum due from Lessee is not received by the day it is due, then without requirement for notice to Lessee, Lessee shall pay
a late charge of ten percent (10%) per month, plus interest at the rate of ½ of 1% (.005%) per month or portion thereot from the date the rent becomes due. The Parties agree that such late charge represents
a fair and reasonable estimate of the costs
Lessor will incur by reason of late payment. Acceptance of such late charge shall in no event constitute
a waiver of Lessee’s default, nor prevent Lessor from exercising any of the other rights and remedies granted in this Lease. In the event that a late charge is
payable for three (3) consecutive installments of rent, then the minimum monthly rentshall automatically become due and payable quarterly in advance, rather than monthly.

The quarterly advance payments of rent will continue until Lessor notifies Lessee in writing.

19. Severability. If any portion of this Lease is ruled by a court of competent
jurisdiction to be invalid, the remaining portions shall remain in full force and effect.

20. Entire Agreement; Amendments. This Lease contains all agreements of the Parties with respect to the Property. No prior agreement or understanding pertaining to any such matter shall be effective, whether oral or in writing. This Lease may only be modified in writing, signed by the Parties.

21. Notices. Any notice required or permitted to be given under this Lease shall be in writing and given by personal delivery or by first class mail to the address and person below. Either Party may, by notice to the other, specify a different address for
notice purposes. Notice given by personal delivery shall be deemed received upon

65059.00003’.85096 17.1
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personal delivery. Notice given by mail shall be deemed received three (3) days after deposit in the U.S. Mail.

Lessor: City of Avalon
P.O. Box 707
Avalon, California 90704Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration-Leases
Lessee: Shana Cassidy
- --
dba. Catalina Photobooth
P0 Box 215
Avalon, California 90704Tele: 626-818-0230
22, Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to or approval of any subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be awaiver of any preceding breach by Lessee of any provision of this Lease, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent.

23. Holding Over. Lessee has no right to retain possession of the Property or any part thereof beyond the expiration or termination of this Lease. If Lessee, with Lessors consent, remains in possession of the Property or any part of the Property after the expiration or termination of the Term of this Lease, such occupancy shall be a tenancyfrom month to month subject to all the provisions of this Lease.

24. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or in equity.

25. Binding Effect: Choice of Law. This Lease shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors and assigns. This Lease shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Los Angeles County.

26. Attorneys’ Fees and Costs. If either Party brings an action to enforce the Terms of this Lease or declare the rights of the Parties under this Lease, the prevailing Party shall be entitled to recover all costs and expenses incurred in such action, including reasonable attorneys’ fees as fixed by the court or arbitrators.

65OS9.O(O3\85O96 17.1
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27. Ricjht to Enter Property. Lessor and Lessor’s agents shall have the right to enter the Property, at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the Property or Property as Lessor may deemnecessary or desirable. Lessor may, at any time, place on or about the Property any “For Sale signs and Lessor may, at any time, during the last 120 days of the Term of thisLease place on or about the Property any “For Lease” signs.

28. Records: Audit. Lessee shall keep records, reports and books of account substantially in accordance with general accepted accounting principles to reflect accurately the gross receipts, expenditures and net income of Lessee concerned with and related to its operations and activities under this Lease. Lessor shall have the right toinspect and audit Lessee’s financial accounts, books and records to ensure Lessee’s compliance with this Lease, at any time during the Term of this Lease. Lessor will provide a minimum written notice of the request to audit forty-eight (48) hours in advance of theaudit.

29. Nondiscrimination. Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Property, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of employees, contractors or vendors in the Property.

30. Quiet Possession. Upon Lessee’s payment of the rent for the Property and observing and performing all of the covenants, conditions and provisions to be observed and performed under this Lease, Lessee shall be entitled to have quiet possession of the Property for the Term of this Lease subject to all of the provisions of this Lease.

31. Compliance with Lessor’s Rules for Use of Property. Lessee agrees that it will abide by, keep and observe all reasonable rules and regulations which Lessor may make from time to time for the management of the Property, including, without limitation, the delivery of supplies, the parking of vehicles and the preservation of the good order.

The violations of any such rules and regulations shall be deemed a material breach of this Lease.

32. Third-Party Beneficiaries. There are no intended or incidental third-party beneficiaries of this Agreement.

33. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument and a fully executed Lease.

34. Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Property has not undergone inspection by a Certified Access Specialist.

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35. Authority to Execute. The individuals executing this Lease on behalf of each Party represent and warrant that they are fully authorized and legally capable ofexecuting this Lease on behalf of that respective Party, and binding that Party thereto. [Signatures to Lease Agreement on Next Page]

65059M0003\850961 71
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Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below:

Lessee
Dated:______
) By: (/LtJA Its: Q
By:

Its:

City of Avalon
Dated: 0 /o1
Denise A. Radde,Interim City Manager
Page l4of 15
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LEGAL DESCRIPTION OF PROPERTY

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CITY OF AVALON CITY COUNCIL
MEETING DATE: May 16, 2017 AGENDA ITEM: C)
ORIGINATING DEP: Planning CITY MANAGER:

PREPARED BY: Amanda Cook
SUBJECT: Encroachment Permit for Installation of a Photo BoothRECOMMENDED ACTION(S): Approve an Encroachment Permit for a three- year period of time for the Installation of a Photo Booth at one of two locations identified in the report excluding the location on the pier. The permit could be renewed if all parties are satisfied with the arrangement.

REPORT SUMMARY: Shana Cassidy has submitted a request to install a photo booth at one of three locations, all of which are on City property or public right of way. The photo booth is intended “to provide a new and unique interactive ‘jisitor experience using a stand-alone outdoor photo booth equipped with state of the art green screen technology that places visitors to Catalina in the island scene of their choice. The booth will require Wi-Fi and electrical service at any location.

The three locations proposed and staff’s pro’s and con’s are as follows:On the Green Pier adiacent to the Chamber of Commerce build. (See photo) Pros: Centrally located, available to both boaters and walking visitors.

Cons: Availability of Wi-Fi and electrical is not confirmed. The City Manager communicated with Charles Posner with the Coastal Commission and his recommendation was to not addfurther structures to the pier that block views of the harbor. He does not think the Commission would look favorably on it.Adjacent to the US Bank ATM on Crescent Avenue at South Beach. (See photo) Pros: Centrally located, more available to walking visitors than boaters Cons: Availability of Wi-Fi and electrical is not confirmed. The City would have jurisdiction for the coastal permit for this location.

Adjacent to Leo’s Drug store, next to the planter on Sumner (See photo) Pros: Centrally located, available to both boaters and walking visitors.

Cons: Availability of Wi-Fi and electrical is not confirmed. The City would have jurisdiction for the coastal permit for this location.

It is staff’s opinion that this would be a positive addition to the many amenities and amusements that we offer our visitors.
( C)
GOAL ALIGNMENT: N1A
FISCAL IMPACTS: The final location would require a lease and would generate revenue tothe City.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to install the photo booth.

FOLLOW UP ACTION:

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

Applicants’ application and photos
City Manager Comments
The proposal to install a photo booth has been done with great taste in design and c,eativity. It is a tourist asset for the community. I communicated with staff of the California Coastal Commission at the request of the applicant to determine if they would receive favaorably aproposal to place the booth on the pier. To my disappointment, they do not want any new structure there that would arguably obstruct the view shed. While applicant could pursue placement on the Pier but it is likely that the request would be denied.

David Jinkens
c. C

CITY OF AVALON

APPLICATION FOR ENCROACHMENT PERMIT
AnpI cant Naie xtL
_______
epnc-ie No.: (oZ( PA
Maifng Address: A\O( nh) (I 902 pci
Location of Encroachment: Lh fli ( - iT JO VciC..cciL...flF CtQS 0/U no j c1 Nature of Encroachment: lu C’
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(Attach copy of plans and specifications of proposed encroachment with this Application) Proposed Permit Term: Effective Date. .. H I Expiration Date: - . LI Permit term may not e:<oeed five (5 years. (AaFdu Murucipal Code (Code’) Sec. 4-9.109 (Aplicant may annually apply for subsequent one (1) year poniiit cmi extensions unless permit is terminated by City or applicant) One year extension renue.steu yes t no :0 irrneoiirfv dete’c C,,i:o coursei acceptabte tc City) and u I harm-ess :he Cty ns cheers can its -n:oyees f.. : ‘ab !ty ad daranes and fion: at costs of set. irc:udrnc attcmevs fees. arsino fron the Wed Apoticant - ig9atue . 7
Terms arid Conditional Permit:

This permit is revccabte upon thirty (30) days written notice trom the City to appticant at tIme above address Permit fee amount $This permit only entitles applicant to construct the encroachment structure described in this Apptication on City-owned property. It does not give applicant exclusive use of City-owned property or the right to exclude others from City-owr:od property.

As a condition of issuance of this permit, apptioant shall execute a recordab’e coy-snout running ‘,,th the arid, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City 1mm all ctmaims in the event (hat the Ot,y determines to wden or improve the street at my eaik’cay, or othe’ pubic l.-’uce where the erjoacbic, s ‘cci ci aid , rdamrr I es defern) am ho’ds tm Ci ‘flu’ ‘es ii in’ i—, , J i oe a frc ii ccsts of s* .-rcludinqatto’-rey fees, ar-sing fcc-n he encroachment or tm nerm I Cesa Sec. c-nbc) Unless wa-i-ed by t-c C,v ‘,--:‘ince. app cant shall post and niaintan for i.e to- -i o’ the pu-nil a sccvly Lo.-d in the amount of S . . or cash equivalent. f ess vavec by :1-u C ‘uiane’ appicar: s;m uaviuc he City whh a copy of ‘azil ty ‘r’surance (conrbined s nge limit for body .iury aod!cr prc;e’:y aa-iraoef. n tie amount c 5_ —— sting the C’ty as adctonat insired, and sha ma nra r sa-u -su-ar:e for the term of the per:n.t Appl:cant shall construct and mrcnfain all encroachment structures in accordance with the plans arid specifications submjtted to the City wtli this Aucpl:c:it:oii, and shall maintain and keep all encroachments in clean and sate condition forthe term of the permit.

Encroachment structures shall he removed by the expiratiun of the peiniit term or within 30 days of written notice of revocation of the permit by the City to apploant. If anplioant fails to timely remove the encroacliucent or fails to comply with the terms of the encroachment permit, the City may remove or cause the rencovai of the encroachn:ent and applicant shalt be liable for all costs incurred by the City for such action (Code Sec. 4-9.110) Additional Permit Conditous:

Date Permit Granted. Permit Expiranion Dame
By __City Manager (Curie Sec. 4-9.103 Muor Encroachments); _. . Cay Man-carl Sgramure
City Council, Age--dc Date:
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CATALINA PHOTOBOOTH
“Scene Machine”
To provide a new and unique interactive visitor experience using a stand-alone outdoor photo booth equipped with state o the art green screen technology that places visitors to Catalina in the island scene of their choice. - Affordable and memorable
- Positive Liser experience
- ‘visual souvenir that is added value to island experience -Amazing marketing opportunity for Catalina
Exterior
Will be tastefully elegant in design that blends and matches with the local style and decor. - 70” x 36” x83”
- Art deco design with Spanish style colors similar to the Casino and other conic areas - Beautiful Island images that users will be able to select from - Weather Resistant
Interior
State of the art green screen technology which delivers an interactive photo booth experience where users are dropped into an island scene of their choice. - Touch screen navigation
- Prints instant photo strips and 4th format - Connects to social networks for immediate upload - Sends images to users email - Includes UBA and Credit Card Reader
- Custom island theme borders & backgrounds
- Island Logos for marketing on the classic photo strip WO)ApissODuOijsojiJi [999 Q%Q9 —
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CITY COUNCIL ACTIONS
• MAY 16,2017
PAGE 3

10. Approve Encroachment Permit for Installation of a Photo Booth Councilmember Cassidy recused herself from this item due to the appearance of any impropriety since, she is a relative to the applicant. Applicant Shana Cassidy went through her location options. Insurance, lighting, safety and rent amounts were touched upon. Motion by Joe Sampson and seconded by Anni Marshall to approve anEncroachment Permit for a three-year period for the installation of a photo booth at “Newspaper Location #1” referred to in the Staff Report. City Staff will assist with ensuring electricity at this location. (3 Ayes — Marshall, Hernandez and Sampson, 1 No — Olsen, and 1 Abstain — Cassidy)

11. Discussion on Proposed Ordinance to Ban the Use of Polystyrene Products in the City of Avalon
Comments were received from the audience. Motion by Oley Olsen, seconded by Joe Sampson to direct Staff to return on or before June 20, 2017 for the first reading of a Polystyrene Ban Ordinance. (All Ayes)

12. Authorize Contract for Development Impact Fee Study Motion to authorize the City Manager to execute a contract with Michael BakerInternational for the preparation of a development impact fee study, for an amount not exceed to $70,000 and to amend the existing budget for the same amount by Oley Olsen, seconded by Joe Sampson. (All Ayes)

CLOSED SESSION
Announcement was made before going into Closed Session that only Item 1 will be discussed,the remaining three items will be carried over. Then following the appropriate announcement of the Closed Session item the City Council went into Closed Session to discuss the following:

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: David Jinkens, City Manager Unrepresented employee: Harbor Master salary range and benefits for the new Harbor Master.

Following Closed Session Legal Counsel announced that there were no reportable actions.

Closed Session Items being carried over to a future Council meeting:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Fuel Dock land lease with SCICo
Agency Negotiator: David Jinkens, City Manager
Negotiating Parties: Catalina Island Company
Under Negotiation: Price and terms of payment.
•

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM:

ORIGINATING DEPT: Harbor CITY MANAGER:

PREPARED BY: Orne Carstarphen, Harbor Master
SUBJECT: Authorize the City Manager to Dispense with Competitive Purchasing Process --Catalina Boatyard Inc. and Diversified Composites Inc.

RECOMMENDED ACTION(S): Determine a competitive market does not exist for the maintenance of City-owned floats and authorize the City Manager or his designee to dispense with the competitive purchasing process and designate Catalina Boatyard Inc. and Diversified Composites Inc. vendors meeting the Economic Efficiency standard as outlined in the AvalonMunicipal Code section 3-4.111(c).REPORT SUMMARY: The City of Avalon’s Municipal Code (AMC) Chapter 3-4 outlinesprocedures for the procurement of services, supplies and equipment, to ensure procurement at the lowest possible cost commensurate with quality. The process also allows the City and City Council to exercise positive financial control over purchases, clearly define the authority for the purchases function, and to assure the quality of purchases.

The AMC requires competitive processes be used including formal bidding, informal bidding, vendor price quotes or REPs. However, in specific circumstances, Section 3-4.111 outlinesexceptions from bidding and other competitive procedures, including:
• Emergencies.• Sole Source Vendors.• Economic Efficiency.• Cooperative Purchases.• Or as authorized by state or federal law.

Since the procurement policy was adopted in 2018, City Staff have attempted to procure thenecessary documentation through formal bidding, informal bidding, vendor quotes, proposals, etc. as required to demonstrate a competitive process has been implemented for theconstruction and maintenance of City owned and maintained floats. This includes floatsconstructed of a wooden and fiberglass structure or a steel structure. It has been found to be a regionally specialized procurement for the respective materials with very limited vendors. Due to geographical restrictions (work needs to be completed in a dry dock either on island or in close proximity on the mainland) and the nature of the specialized scope of work necessary, it has been determined that a competitive market does not exist for the construction andmaintenance of these floats, For steel floats only one vendor, Al Larsen’s Boatyard in San Pedrohas been responsive to the City’s past efforts to procure services. In response, the City Council determined that this vendor was a sole source vendor for these services. Similarly for wood and fiberglass floats only two vendors within our region have been responsive for these procurements including Catalina Boatyard Inc. in Avalon and Diversified Composites Inc. in SanPedro. Another constraint in procuring work on these floats is the work window to complete a project is highly sensitive to visitor season on the island. There is only a very limited time of year that a float can be removed from the harbor and it doesn’t have a significant impact onoperations. So, even the competition between the two vendors is usually not efficient as itdepends on the capacity to get the work accomplished within the work flow in the respective boat yard. It is also important to note that “Public Works” project definitions have different procurement requirements. In this instance, these floats do not fit that description since they are not a fixed facility and all proposed work occurs in a private boat yard, similar to work on a vessel.

According to the AMC Sec. 3-4. 111(c) Economic Efficiency. If a competitive market does not exist, or the City will not gain a competitive advantage by using the formal contract bid or othercompetitive procedure, or where the public project, goods or services may be obtained moreeconomically or efficiently without the procedure, the City may dispense with formal bidding orother competitive procedures.

City Staff recommend the City Council determines a competitive market does not exist and authorizes the City Manager or his designee to dispense with the competitive purchasing process and designate Catalina Boatyard Inc. and Diversified Composites Inc. vendors meeting the Economic Efficiency standard as outlined in the AMC Section 3-4.111(c).

If authorized, rather than implementing the time consuming process of attempting to solicit bids or proposals, City Staff may immediately contract with Catalina Boatyard Inc. or DiversifiedComposites Inc. to begin restoration of the City’s floats. Each contract award will still be brought to City Council for approval, this approval will only define the procurement process for these limited type of projects.FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Maintenance of Cityowned floats will not be expedited efficiently, the process will be slowed down as Staff will be required to attempt to demonstrate a competitive process is taking place.FOLLOW-UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: None.

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM: 6ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: David Maistros, City Manager
SUBJECT: Consideration of a Planning Commission Resolution Recommending City Council Adoption of the Annual Growth Policy for 2023 RECOMMENDED ACTION(S): Adopt a resolution establishing the City of Avalon’s AnnualGrowth Policy for 2023.

REPORT SUMMARY: Section 9-12.102 of the Avalon Municipal Code (AMC) stipulates that the City Council, in conjunction with the Planning Commission! shall review the growth permitted in the preceding ten months, review the effects and demands of such development and anyadditional development upon the City’s natural resources, and determine, by resolution, theamount and type of growth the City will permit in the succeeding year, as well as City priorities for growth.

A summary of local development activity during the past year (January through October) has been tabulated and is attached as “Exhibit A” to the proposed attached resolution recommending the adoption of the City’s Annual Growth Policy for the year 2023 by the City Council. The summary also includes development activity for November and December as reference.Southern California Edison (SCE) has notified the City of recently returning to Stage One Rationing, meaning no new fresh water allocations will be assigned. Fresh water allocations assigned to applicants on the Fresh Water Allocation List prior to the implementation of Stage One Rationing will be honored. The growth policy being recommended allows the same type of development; almost all require confirmation from SCE that adequate fresh water is available:
• The repair, in-kind replacement, remodeling or enlargement of existing commercial and residential structures, subject to specified conditions; • In-fill projects involving limited new construction and subject to specified conditions;• Residential tract development, if specified conditions can be met;• An ADU or JADU is not allowed in any location within the City unless the water provider indicates there is sufficient water by issuing a water allocation or that no allocation is needed (Avalon Municipal Code § 9-5.605(a)(3)); • Infrastructure projects authorized by the City/Successor Agency;• Projects which the Planning Commission determines will not have growth inducing effects; and
• Projects which are not in-fill in nature or involve existing residential or commercial structures but for which CEQA documents have been adopted and findings made thatexplain why the resulting growth is beneficial to the City and its residents.

A project shall only be required to fall into one of the foregoing categories. The permitted classes of projects are set forth in greater detail in the attached resolution.

The proposed policy does not constitute a project within the meaning of State CEQA Guidelines Section 15378, Specifically, the adoption of the resolution is exempt from CEQA pursuant to Section 15061(b)(3) as CEQA applies only to projects which have the potential for causing asignificant effect on the environment. The proposed policy does not approve any new project,but establishes a policy for allowed growth.

GOAL ALIGNMENT: The proposed resolution is aligned with the Citys 2030 Vision and CityCouncil goals regarding Natural Resources and City Infrastructure.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Failure to implement the Avalon Municipal Code mandate and continue to process development applications withoutthe benefit or direction of an annual growth policy.

FOLLOW UP ACTION: Adherence to the growth policy when processing applications for land use entitlements during calendar year 2022.

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

1. SCE Water Allocation Waitlist

2. City Council Resolution3. Planning Commission Resolution No. 22-47

4. Calendar Year 2022 Entitlements Granted

AVALON PLANNING COMMISSION
STAFF REPORT — PC# 2821
WEDNESDAY November 16, 2022
Item No. 10 — Public Hearing SubinitEed by: Susanna Gutierrez. Assistant Planner A Public Hearing and consideration of a resolution reconmending approval of the 2023 Growth Policy tothe City Council as required by Avalon Municipal Code Section 9-12.102, finding the effects and demandsof development permitted in the City over the preceding twelve months in compliance with all applicableregulations and exempt from environmental review under the CEQA “General Rule” Section 15061 (b)(3). 1 BACKGROUND
Section 9-12102 of the Avalon Municipal Code (AMC) stipulates that the City Council, in conjunction with the Planning Conmussion, shall review the growth permitted in the preceding ten months, review the effects and demands of such development and any additional development upon the City’s natural resources,and determine, by resolution, the amount and type of growth the City will pennil in the succeeding year, aswell as City priorities for growth.

A summary of local development activity during the past year (January through October) has been tabulated and is attached as “Exhibit A” to Resolution 22-47 recommending the adoption ofthe City’s Annual GrowthPolicy for the year 2023 by the City Council.

Stage One Rationing. Fresh water allocations assigned to applicants on the Fresh Water Allocation List, asprovided herein, prior to the implementation of Stage One Rationing will be honored. No new fresh water allocations will be assigned.

Southern California Edison (SCE) has notified the City of recently returning to Stage One Rationing. meaning no new fresh water allocations will be assigned. Fresh water allocations assigned to applicants on the Fresh Water Allocation List prior to the implementation of Stage One Rationing will be honored. Thegrowth policy being recommended allows the same type of development; almost all require confinnation from SCE that adequate fresh water is available:
• The repair, in-kind replacement. remodeling or enlargement of existing commercial and residential structures. subjeci to specified conditions;
• In-fill projects involving limited new construction and subject to specified conditions; • Residential tract development, if specified conditions can be met;• An ADU or JADU is not allowed in any location within the City unless the water provider indicates there is sufficient water by issuing a water allocation or that no allocation is needed (Avalon Municipal Code § 9-5.605(a)(3));
• Infrastructure projects authorized by the City/Successor Agency; • Projects which the Planning Commission determines will not have growth inducing effects; and • Projects which are not in-fill in nature or involve existing residential or conunercial structures but for which CEQA documents have been adopted and findings made that explain why the resulting growth is beneficial to the City and its residents.

A project shall only he required to fall into one of the foregoing categories. The permitted classes ofprojects are set forth in greater detail in the attached resolution.

ENVIRONMENTAL DETERMINATION
CEQA:No further environmental analysis is required under the “Common Sense Exemption,” CEQA Section I 5061(b)(3) — 2
“The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen withcertainty that there is no possibility that the activity in question may have a significant effect on theenvironment, the activity is not subject to CEQA.” The proposed policy does not approve any new project, but establishes a policy for allowed growth.

RECOMMENDATIONS
Staff recommends the Plarming Commission adopt the attached Resolution, which will:

1. Recommend to City Council adoption of a Resolution approving the 2023 Growth Policy, establishing overall priorities for growth and determining the amount and type of development tobe permitted in the succeeding year in accordance with AMC Section 9-12.102.

ATTACHMENTS:

I. PC Resolution No.22-47
a. Exhibit A: Calendar Year 2022 Entitlements Granted

2. SCE ‘Water Allocation Waitlist
3 Attachment 1: Resolution No. 22-47

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF AVALON RECOMMENDING THAT THE CITYCOUNCIL ADOPT A RESOLUTION APPROVING THE ANNUAL GROWTH POLICY FOR THE YEAR 2023
VHEREAS, the Planning Commission reviewed the growth permitted in the City during the preceding ten months (attached as Exhibit A) and the effects and demands of such development and otherdevelopment on the City’s resources; and WHEREAS, on November 16th, 2022. the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the development of a growthresolution for the year 2023 pursuant to Avalon Municipal Code Section 9-12101; and WHEREAS, the Planning Commission has considered the staff report. supporting documents. public testimony, and all pertinent information submitted.

NOW THEREFORE. THE PLANNING COMMISSION OF THE CITY OF AVALON DOES HEREBY RESOLVE AS FOLLOWS:Section 1. The Planning Commission hereby finds that the foregoing recitals are true and conect and are incorporated herein as substantive findings.

Section 2. The Planning Commission finds that the 2023 Growth Policy is exempt from the California Environmental Quality Act (“CEQA) pursuant to Section 1506 l(h)t3) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) as there is no possibilitythat this activity will have a significant adverse effect on the environment.

Section 3. Based on the foregoing recitals and findings, the Planning Connuission hereby recommends that the City Council adopt a Resolution approving the 2023 Growth Policy, establishing overall priorities for growth and determining the amount and type ofdevelopment to be pennitted in the succeeding year.

Section 4. Based on the foregoing, the Avalon Planning Commission adopts Resolution No. 22-47 atid recommends the following growth policies for the year 2023, providing that new development will be permitted only for Ihe following classes of projects:
a) Projects involving existing commercial and residenlial structures which are to be repaired, replaced in kind, or remodeled or enlarged, provided no addilional bedrooms or dwelling units are added to existing residential structures other than density bonus units permitted by conditional use pennit,and the Southern California Edison Company confirms in writing that water is available to serve the project, if approved by the City. As used herein, a replacement in kind is construction which rloes not change the prior use, increase the total square footage, or increase the number of units in the replaced structure. This section does not prohibit consideration and approval of conditional usepennits for transient occupancy, subject to the limitations otherwise applicable to such permits. b) An in-fill project. As used herein, an in-fill project shall mean:
i. any residential project which creates five or fewer units (including any bonus density units); or ii. any non-recreational/visitor-serving commercial project that increases square footage by <50%; or
4 iii. any expansion of existing recreational/visitor serving development, not over 5,000 square feet; In-fill projects must be located on a legally conforming parcel, provided that if the project is not categorically exempt, then the project proponents can mitigate any adverse environmental impacts,arid the Southern California Edison Company confirms in writing that water is available to serve theproject if approved by the City.c) Residential tract development of greater than five units may be allowed it’the project provides 20% of the units proposed or one unit, whichever is greater, to year-round, non-transient, affordable housing and the Southern California Edison Company confirms in writing that water is available to serve the project, if approved by the City.
d) An ADU or JADU is not allowed in any location within the City unless the water provider indicates there is sufficient waler by issuing a water allocation or that no allocation is needed, unless suchADU or JADU is required by state law. e) Infrastructure projects authorized under or by the City/Successor Agency. fj Proiects which the Planning Commission determines will not have growth inducing effects. By way of example. such projects would include non-inhabited uses such as industrial warehouses,mechanical, marine, or construction service areas and storage spaces and which do not create theneed for additional employees. g) Projects which are not categorized as in-fill or existing residential or commercial structures for which a Negative Declaration. Mitigated Negative Declaration, or Environmental Impact Report.with or without Mitigation Monitoring Program, is adopted and for which specific findings aremade that explain why the resulting growth is beneficial to the City of Avalon and us residents andthe Southern California Edison Company confinns in writing that water is available to serve the project, if approved by the City either via the existing safe annual yield or via an additional fresh water resource in accordance with SCE tariffs.
h) In any event, projects which have been granted a water allocation or water transfer, the City Council or their designee shall review and determine that water is available. and shall make an additional finding that any’ allocation or transfer of water for the project by SCE is consistent with the City’s adopted General Plan and that the allocation or transfer of water for the project is done in a marnerthat is fair, transparent. and promotes the public health, safety. and welfare.

A project shall only he required to fall into one of the foregoing categories.

BE IT FURTHER RESOLVED that a copy of this Resolution he delivered to the City of Avalon City Clerk for transmittal to the City of Avalon City Council.

PASSED, APPROVED AND ADOPTED this 16111 day of November, 2022.

Chairman Bart Glass
5 ATTEST:

Dave M. Maisiros. City Manager
CERTIFICATE:
1, Donna Terpinitz-Rorno, hereby certify that the foregoing Resolution 22-47 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 16th day ofNoveniber. 2022, by the following vote, to wit
AYES:

NOES:

ABSENT:

ABSTAIN:

Dornm Terpinitz-Rorno Administrative Assistant
6 Exhibit A — Calendar Year 2022 Entitlements Granted
Resolution # Date Adopted Location Project Description
22-01 1/19/2022 64 Gaviota Transient rental & COP
22-02 1/19/2022 31 Camino de TRL & CDP
Flores
22-03 1/19/2022 City of Avalon Housing Element22-04 1/19/2022 City of Avalon 56-9 22-05 2/16/2022 350 Clemente TRL & COP for transient rental use22-06 3/16/2022 215 Beacon St Site Plan & Encroachment for frontage improvements22-07 3/16/2022 209 beacon Site Plan & Encroachment for frontage improvements22-OS 4/20/2022 261 E Whittley Set Back Variance for a continuing remodel 22-09 3/16/2022 360 Eucalyptus ft COP & TRL
4 22-10 3/16/2022 336 >c CDP & TRL
Eucalyptus
22-11 3/1/2022 333 Eucalyptus CDP & TRL22-12 3/16/2022 105 Vieudelou CDP & TRL22-13 3/16/2022 316 Clemente COP & TRL22-14 3/16/2022 CDP & TRL 320 Claressa
22-15 3/16/2022 201 E Whittley Set Back Variance and Site Plan approval for a remodel of an existing portion of property within the City right of way
22-16 4/20/2022 208 Whittley
22-17 4/20/2022 103 Pebbly CUP, Site Plan and CDP to convert a Clothing store to an Beach Road ice-cream shop
22-18 4/20/2022 82 Playa Azul CDP & TRL22-19 206 E Whittley Zoning Ordinance Amendment22-20 5/18/2022 199 Chimes Encroachment Tower
22-21 6/1/2022 Crescent Ave Shade Structures
22-22 6/1/2022 352 Sumner CDP & TRL
22-23 7/20/2022 337 Oescanso Site Plan to add Bedroom22-24 8/17/22-9-21- 201 E Whittley Variance and Site Plan 22 22-25 8/17/2022 215 Beacon Site Plan22-26 7/20/2022 613 Crescent CDP & TRL Ave
22-27 7-20-2022 336 Eucalyptus Site Plan adding bedrooms 22-28 7/20/2022 199 Chimes
Tower
22-29 8/17/2022 328 Descanso COP & TRL
22-30 8/17/2022 301 Crescent CUP, COP, CEQA Beer Garden 22-31 8/17/2022 236 Catalina Ave Multiple Variances
7 22-32 8/17/2022 City of Avalon Housing Element General Plan amendment Going to City Council
22-33 Skipped
22-34 Skipped22-35 Skipped
22-36 9/21/2022 107 Vieudelou Variance for Carport.22-37 9/21/2022 209 E Whittley COP & TRL 22-38 9/21/2022 199 Chime COP& TRL
Tower
22-39 10/19/2021 69 Playa Azul Skipped22-40 10/19/2 022 320 Descanso COP & TRL 22-41 10/19/2022 108 Middle CDP& TRL
Terrace
22-42 10/19/2022 236 Catalina CUP, Variance and COP
2243 10/19/2022 New Chairman
22-44 11/1 62022 OR Denney Site Plan
22-45 11/16/2022 ZOA Density
22-46 11/16/2022 ZOAADU
22-47 11/1 6/2 022 Growth Policy22-48 11/16/2022 Antonios Patio COP, CUP amendment andsite plan 22-49 11/1 62022 Mi Casita Patio COP, CUP and Site Plan & Remodel
22-50 11/16/2 022 150 Middle Site Plan and Variances
Terrace
8 I 27 2003 W_1* ElRanchoEscon&do X Vineyard and R.soit 881 II I 2021 W-33 210 Marina X I BR 009
ii 30 2021 W-34 208 210 Whitiley X Add 3rd floorand Deck 009 2 IS 2022 W-35 151_153 Olive S Add ADU 009
2 IS 2022 V-36 155 1505ve S AddADU 0093 102022 Vl N_droPos & Crescent S BeerOarden 068 SCICo4 15 1012 W-38 301 Beacon X 44 Room Hotel 638 5 27 2022 W-39 Hiavatha2_anha 5 13 2bedroornDuple’. Tocnhomec 233 (No addresses vet) 1013=8 SSS CountnCluhDr S LandscapinzforEmployee Housing 018 :: 1022 il—Il 199 Chimes Tower N Add) Employee Units 018 TOTAL 1011
Avalon tter:.

Date
Received
Wait List New Reqaested Location - Remodel Type of Request - Const IsagelAFi) * Outside
of Ava Ion
system
ii
TOTAL
Middle Ranch S’-nent

8.81 9

CITY OF AVALON CITY COUNCIL
MEETING DATE: December 20, 2022 AGENDA ITEM:

ORIGINATING DEP: Finance CITY MANAGER: Qc’4YA
PREPARED BY; Matthew Baker, Finance Director
Orne Carstarphen, Harbor Master
SUBJECT: Cruise Ship Annual Report for the year ending December 31, 2022RECOMMENDED ACTION(S): Receive and file the Cruise Ship Annual Report for the calendar year ending December 20, 2022
REPORT SUMMARY: On January 21, 2020, the City Council adopted Resolution No. 20-04 establishing guidelines for the approval of cruise ships visiting Avalon through December 31, 2022. The guidelines established a framework by which Cruise Ships would be approved to visit Avalon as a Port of Call. Guidelines include:

1. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the Summer Season (Memorial Day to Labor Day) without final writtenapproval of the City Manager.

2. No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends — such asJazz Traxx —without final written approval of the City Manager.

3. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the ‘Off Season’ (Labor Day to Memorial Day) without final written approval of the City Manager.

4. Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the dayrequested, holidays, event(s), harbor activity(ies), impacts to public safety, etc.

The resolution further requires the Harbor Master and Finance Director to provide an annual report on cruise ship vessels that includes the number of vessels that visit Avalon, number of passengers, amount of wharlage collected, any safety or security incidents that may have occurred while the ship was in port, as well as projections and scheduling information for the next year.
2022 Cruise Ship Financial Results and 2023 Outlook
Please see below for a summary of cruise ship activity for the calendar year ending December 31, 2022:

Month # of Vessels # of Vessels Number of Occupancy Wharfage Measure H Scheduled Arrived Passengers % Revenue Revenue
January 2022 10 10 9,654 35.4% S48,270
February 2022 11 8 7,472 31.7% 37,360 -
March 2022 15 13 19,631 53.0% 98,155 -
April 2022 17 9 13.921 61.8% 69,605 6.960
May2022 11 11 21,850 66.6% 109,250 10.925
June 2022 10 9 28.963 100.3% 144,815 14482
July 2022 8 8 28,440 111.6% 142,200 14,220August 2022 10 10 33,876 106.4°/s 169,380 16,938 September 2022 10 6 14,713 94.2% 73,565 7,357
October 2022 12 12 25,232 94.9% 126,160 12,616
November 2022 12 8 25,676 106.3% 128,380 12,838
December 20221 9 9 25,856 85.0% 129,280 12,928
Total 135 113 255,284 77.6% $1,276,420 $109,264
For all cruise ships, the City of Avalon currently charges a $5.00 harbor wharfage fee for the use of harbor facilities, levied upon 100% of the manifest passengers, excluding persons employed on the vessel. On November 3, 2020, Avalon residents approved Measure H authorizing an additional tax on cruise ship, ferry, and aircraft passengers to fund the Catalina Island Medical Center. Beginning in April 2022, the City started collecting an additional $0.50 per passenger fee from cruise ships. The Measure H tax is scheduled to increase to $1.00 per passenger beginning in April 2023 and further increasing to $2.00 per passenger beginning in April 2024.

Passenger counts are reported to the Harbor Department upon arrival to the harbor. Ship occupancy rates are determined by comparing the reported manifest passengers to the ship’s published passenger capacity, which generally assumes all cabins at double occupancy, and may exceed 100% occupancy as a result of triple occupancies.

In March 2017, the City amended the municipal code to increase wharlage fees from $2.50 per passenger to $5.00 per passenger over five fiscal years through annual $0.50 per passengerincreases. While the COVID-19 pandemic resulted in a suspension of cruise ship arrivals, the cruise ship wharfage fees have increased as scheduled. Below please find a comparison of cruise ship revenues by fiscal year, and as a percentage of the Harbor’s total operating revenues, with the budget estimate used for the current fiscal year. 1 December 2022 activity estimated based on scheduled activity as of December 1,2022 at 85% occupancy.

Cruise Ship Wharfage by Fiscal Year
Wharf age Revenue % of Harbor Operating Revenues
Cruise ship revenues account for approximately 15% of Harbor operating revenues (Fund 103) in the current year budget. As a result of scheduled rate increases, cruise ship whartage is the fastest growing revenue in the Harbor Fund and accounts for the majority of new revenues inthe Harbor. In addition to the tax revenues generated, cruise ship passengers contribute an estimated $10 million of taxable sales activity for businesses located in the City.2 Under Section 10-2.402(b)(6) of the Avalon Municipal Code, in consideration for a cruise line deploying a second ship to Catalina for 50 or more calls per year, the City of Avalon will pay to the cruise line an annual marketing incentive equal to 50% of the wharfage fees collected forthe second ship, payable quarterly, in arrears. During the calendar year ending December 31 2022, no cruise line was eligible for the annual marketing incentive and no cruise line will beeligible in 2023 based on current scheduled arrivals as of December 8, 2022. Below please find a summary of scheduled arrivals by operator and cruise line:2 Estimate assumes 60% of manifest passengers disembarking and spending $66.39 per passenger. Per passenger spending amount based on Chamber’s 2017 Economic and Fiscal Impacts survey.

U)

1.2 18%
16%

1.0 14%

0.8 12%
10%

0.6 8%

0.4 6%
4%

0.2 2% I I 0%
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022.2023* Operator Cruise Line Cruise Ship Passenger 2022 2023
Capacity
Carnival Corporation Carnival Cruise Line Radiance 2984 51 52 Miracle 2141 10 13
Holland America Line MS Koningsdam 2,650 6 3
MS Nieuw Amsterdam 2,106 2 0MS Zuiderdan 2670 1 0MS Noordam 1916 0 1 Princess Cruises Diamond Princess 2670 1 0
Royal Princess 3560 1 0
Ruby Princess 3782 0 1
Royal Caribbean Group Royal Caribbean Int. Navigator of the Seas 3,386 1 36 27 Radiance of the Seas 2,466 ‘ 1 0
:______________________ Serenade of the Seas 2,476 1 0
Celebrity Cruises Celebrity Eclipse 2.852 4 3
• Celebrity Millennium 2,218 1 1
Celebrity Solstice 2,852 ‘ 1 7
Silversea Cruises Silver Wind 296 1 0
The Walt Disney Company Disney Cruise Line Disney Wonder 2.400 4 7 Disney Magic 2,700 0 3
Norwegian Cruise Line Norwegian Cruise Line l Norwegian Sun 1,936 1 0 Norwegian Jewel 2,376 1 0
Regent Seven Seas Seven Seas Explorer 738 1 0
Seven Seas Splendor 750 0 1
Oceania Cruises MS Regatta 824 3 2
Lindblad Expeditions National Geographic Quest 100 2 0
. Venture 100 3 0
Scenic Tours Scenic Group Scenic Eclipse 220 1 0
• Xanterra Travel Collection Windstar Cruises Star Breeze 200 1 0 Crystal Cruises Crystal Cruises Crystal Serenity 900 1 0 Total 135 121
Based on the current schedule and assuming an 80% occupancy, cruise ship wharfage revenues are estimated to total Si .384.345 in calendar year 2023. Cruise ships will alsogenerate an additional $244,545 in Measure H tax collections during 2023.

Impacts to the Pebbly Beach Landfill
During the development of the cruise ship policy, data available to analyze the impacts of cruise ship visitors on landfill tonnage was inconclusive. Daily landfill tonnage could not serveas a reliable indicator considering certain commercial locations are not collected seven days a week and the timing of pickups may not accurately reflect when the trash was generated (e.g.trash generated Sunday evening would be collected on a Monday). However, considering no cruise ships arrived in Avalon during the months of April 2020 through August 2021, Staff were able to compare visitor counts to bales landfilled by month to assess the impact of tourism on landfill capacity. The following chart compares cruise visitors and all other visitors to the amount of bales landfilled, in tons, for the period January 2020 through June 2022.

Comparison of Visitor Counts to Bales Landfilled by Month 140
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Zn.- ‘- > C -=
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a
— > C .0 >. C ct w act z . - a , C’ a , u , , <OzO’.-< , a.,, <,ozo-,LA_<-’ All Other Visitors Cruise Ship Visitors —Bales landtilied (Tons) Over the 30 month period, the City added an average of 300 tons of bales each month to the Pebbly Beach Landfill. During the months with the most significant restrictions on non-essential travel (March 2020
— May 2020, December 2020
— February 2022), the City added an average
of 215 tons, or approximately 70% of the average landfilled amount over the entire period.While the data would suggest that approximately 2/3 of waste in-town is generated by residents, it should be noted that the nature of the pandemic and relatively small sample sizemake it difficult to draw definitive conclusions on typical waste production. As shown in the above chart, there is
a definite correlation between the numbers of visitors to the amount of bales landfilled in
a given month. July 2021 and June 2022 saw comparable levels of visitors to the City, with 123,901 visitors in July 2022 and 125,942 visitors in June 2022. No cruise ship visitors arrived in June 2021 and 28,963 cruise ship visitors arrived in June 2022. However, bales landfilled in July 2021 (472 tons) exceeded bales Iandfilled in June 2022 (403 tons) by approximately 15%, suggesting that cruise ship visitors may generate less waste compared toother visitors.

Safety or Security Incidents
No significant safety or security issues to report.

City Staff recommend the City Council receive and file this report and adopt a resolution re
establishing the approval guidelines for cruise ships with no changes.GOAL ALIGNMENT: Compliance with reporting requirements FISCAL IMPACTS: There is no fiscal impact by the recommended action to receive and file.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Resolution 20-04
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

ESTABLISHING GUIDELINES FOR THE APPROVAL OF CRUISE SHIPS TO VISIT AVALON FOR 2023-2024
WHEREAS, the City of Avalon is a premier island destination for cruise ship vessels in Southern California; and
WHEREAS, the City of Avalon receives cruise ship passengers at facilities publically owned and operated; and
WHEREAS, cruise ship vessels and passengers, respectively, pay wharfage fees, and other taxes and fees as applicable to the City of Avalon; and WHEREAS, the City of Avalon wishes to establish by resolution guidelines for the approval process required by cruise ships wishing to visit Avalon; and WHEREAS, the City of Avalon City Council will review and reapprove the established guidelines every two years.

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

1. Numberofregularly
during the Summerapproval of the City
scheduled cruise ship vessels shall not exceed 3 per weekSeason (Memorial Day to Labor Day) without final written Manager.

2. No cruise ship vessels shall be allowed on the weekends during the Summer Season (Memorial Day to Labor Day) or during special event weekends — suchas Jazz Traxx —without final written approval of the City Manager.

3. Number of regularly scheduled cruise ship vessels shall not exceed 3 per week during the ‘Off Season” (Labor Day to Memorial Day) without final written approval of the City Manager.

4. Repositioning, infrequent, or small cruise ship vessels (1,000 passengers or less) may be considered for visitation by the Harbor Master, taking into account the day requested, holidays, event(s), harbor activity(ies), impacts to public safety, etc.

5. The Harbor Master and Finance Director will provide an ship vessels that includes the number of vessels thatpassengers, amount of wharfage collected, any safetymay have occurred while the ship was in port, as scheduling information for the next year.
annual report on cruise
visit Avalon, number of
or security incidents that
well as projections and

6. Guidelines shall be reviewed and re-established by a City Council adopted resolution based on the findings of the annual reports.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 20th day of December, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:ABSENT:

Ann H. Marshall, Mayor
City of Avalon, California
ATTEST:

Gabrielle Morones, Deputy City ClerkCity of Avalon, California