Avalon City Council
February 21, 2023

AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 21, 2023— 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 thismeeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all! or a majority of all, members of the City Council. 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 OFAVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting inthe Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing socialdistancing.

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

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA To submit comments live using ZOOM, please register in advance for this meeting:
https://uso6web.zoom.us/i/86405341 383?pwdLl BnOFhpeWRaNEJPWUNmeFVuaitgZzO9

ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link: https://uso6web,zoom.us/j/86405341 383?pwd=L1 BnOFhpeWRaNEJPWUNmeFVuaitgZzO9 even when submitting this request you will need to use the “raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wishto provide comments.

CITY COUNCIL AGENDA
FEBRUARY 21, 2023PAGE 2
1) Join Zoom Meeting via the internet:

URL: https:/fuso6web.zoom.us/jf86405341 383?pwd=L1 BnOFhpeWRaNEJPWUNmeFVuaitgZzO9 Meeting ID: 864 0534 1383During 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: 864 0534 1383
When you would like to comment during the meeting enter *9 on the phone’s key pad to activate the “raise hand” button at the time the Agenda Item is being presented for City Council consideration.

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

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

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT! 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 nonagenda 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. Public Works Director Robert Greenlaw will present an overview of the completed Via Casino Way Arch project.

CITY COUNCIL AGENDA
FEBRUARY 21, 2023PAGE 3

CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are preparedfor the Council’s approvaL Recommended Action
Approve minutes from the January 17, 2023 regular City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $318,773.88.o One payroll in the amount of $292,532.78. o Three electronic fund transfers totaling $122,146.24.

Recommended Action
Approve total expenditures for January 30, 2023 through February 10, 2023 totaling $733,452.90.

3. Catalina Island Mortuary Lease Agreement
The City entered into a lease agreement with Catalina Island Mortuary on May 1, 2017 for the property at 558 Cemetery Road. The property is comprised of 266 square feet of interior space and is used to provide services to the Avalon Cemetery. The lease expired April 30, 2022.

Recommended Action
Authorize the City Manager to execute a lease agreement with Catalina Island Mortuary.

4. Transportation Concepts Contract Amendment
During the February 1, 2022 regular City Council Meeting, the City Council directed City Staff to return with a negotiated contract extension with Transportation Concepts (TC), the City’s contracted public transit provider. Per Staff’s recommendation, the City Council authorized an additional two year term with TC in order to provide Staff additional time todevelop a new REP that includes micro transit options.

Recommended Action
Authorize the City Manager to execute a contract amendment with Transportation Concepts for a one-year extension of the existing contract terms.

5. Purchase of a New Skid Steer for Public Works
The Public Works Department does not currently have skid steer. Uses for a skid steer include street maintenance, excavation, grading, landscaping, drainage maintenance, and debris/rock removal. Currently many of these tasks are being completed with a utility golf cart, which is undersized and extremely inefficient. A skid steer will not only be ableto perform such tasks, but will be able to perform them safely with great efficiency.

Recommended Action
Authorize City Manager, or their designee, to procure per the City’s purchasing policy, a new skid steer, with several attachments, that meets the required specification outlined by Staff, for a total not to exceed $126,500, and amend the budget to increase the vehicle replacement account by $126,500 (13825-6781).

CITY COUNCIL AGENDA
FEBRUARY 21, 2023PAGE 4

GENERAL BUSINESS

6. CalRecycle CRV Redemption Pilot Program Amendments
In 2017, CalRecycle established The Beverage Container Pilot Program with the aim to increase the convenience of recycling in underserved areas by allowing for greater flexibility in how the redemption process is implemented. The City has been invited toform a pilot project jurisdiction with SoCal Recycling and the City of Long Beach.

Recommended Action
Authorize the City Manager to submit an application and letter of interest to CalRecycle to form a Pilot Project Jurisdiction with SoCal Recycling and the City of Long Beach.

7. Avalon Mode Shift Feasibility Study
Avalon City Council accepted a grant on August 4, 2020 from the California Department of Transportation to study strategies that will enable the City to develop a multimodal transportation strategy to reduce reliance on personal motor vehicles, enhance the City’s public transportation services, and guide implementation of recommendations from the City’s previously completed Active Transportation Plan.

Recommended Action
Hear a presentation regarding the findings of the Avalon Mode Shift Feasibility Study.Receive and file the report. Provide direction to Staff regarding implementation of action items outlined in the Avalon Mode Shift Feasibility Study.

8. In-Person and Teleconferencing Meeting Options under the Ralph M. Brown Act and Assembly Bills 361 and 2449
The purpose of this staff report is to provide the City Council of the City of Avalon (“City”) with an update regarding the City Council’s teleconferencing options under recent amendments to the Ralph M. Brown Act via Assembly Bills 361 and 2449, and to request that the City Council provide staff with direction as to how the City Council wishes to proceed with City Council meetings going forward.

Recommended Action
Receive a report regarding the following in-person and teleconference meeting options available to the City Council of the City of Avalon (“City”) pursuant to the Brown Act and Assembly Bills 361 and 2449: 1. Continue to make the requisite findings under Assembly Bill 361 to hold City Council meetings remotely in the absence of a declared statewide emergency in response to the COVID-19 pandemic. If this option is followed, the City Council would only be able to continue using AB 361 for teleconference meetings if theCity Council makes the findings below by majority vote at the March 7 meeting, and going forward continues to meet at least every 30 days to make such findings. The City Council must make the following findings: a.) The City Council has reconsidered thecircumstances of the state of emergency; and b.)State or local officials continue to imposeor recommend measures to promote social distancing, such rules being the Non Emergency Rules issued by Cal/OSHA or rules imposed by the County of Los Angeles.

As explained below, the City Council may rely on the recent non-emergency rules issued by Cal/OSHA to make the second requisite finding: 2. If the City Council decides to notmake the findings under Assembly Bill 361, City Council meetings going forward will be

CITY COUNCIL AGENDA
FEBRUARY 21, 2023PAGE 5
conducted pursuant to the traditional Brown Act rules unless the exceptions under Assembly Bill 2449 are invoked.

ADJOURN

NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday! February 21, 2023 was posted on Thursday, February 16, 2023 on the City’s website www.cityofavalon.com, and at City HaIl. 410 Avalon Canyon Road.

Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER;______PREPARED BY: Gabrielle Morones, Deputy City Clerk SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the January regular City CouncilMeeting.REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

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

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.ATTACHMENTS:
1) January 17, 2023 Regular City Council Minutes.

AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 17, 2023
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

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

COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once theCouncil Chambers reach maximum occupancy, the general public may participate inOral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon.com.CALL TO ORDER - 5:00 p.m.

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

WRITTEN COMMUNICATIONS - None.

PRESENTATIONS

1. A representative from Southern California Edison provided an update regarding Phase I mandatory water conservation. Councilmember Schickling recused herself due to a potential Conflict of Interest.

2. A representative from Avalon Environmental Services, Inc. (CR&R) provided an update regarding SB 1383 implementation.

3. A representative from the Catalina Island Medical Center provided an update regarding the Hospital.

CITY COUNCIL MINUTES
JANUARY 17, 2023
PAGE 2
CONSENT CALENDAR-There were 20 items on the Consent Calendar. Mayor Marshall pulled Items #8-#18 for additional discussion. Motion to approve Items #1-#7, #19 and #20 made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)

1. Minutes
Approved minutes from the December 6, 2022 regular City Council Meeting and December 14, 2022 Special City Council Meeting.

2. Warrants
Approved warrants in the amount of $1865962.02, two payrolls in the amount of $435,655.96, four electronic fund transfers totaling $154973.40 totaling$2,456,591.38 for December 12, 2022 through January 6,2023.

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

4. Appointment of Southern California Association of Governments Regional Conference and General Assembly Delegate
Adopted Resolution No. 23-01 of the City Council of the City of Avalon appointing a Voting Delegate (Mayor Ann Marshall) and an Alternate Delegate (Mayor Pro Tem Michael Ponce) to the 2023 Annual Southern California Association of Governments Regional Conference and General Assembly.

5. Adopt an Ordinance of the City of Avalon Amending Article 6 of Chapter 5 of Title 9, of the Avalon Municipal Code, to Reflect New Statewide Legislation (SB 897)Pertaining to Accessory Dwelling Units Adopted Ordinance No. 1210-23 of the City Council of the City of AvalonAmending Article 6 of Chapter 5 of Title 9, of the Avalon Municipal Code, to Reflect New Statewide Legislation (SB 897) that goes into effect on January 1, 2023 pertaining to Accessory Dwelling Units and determining the ordinance to be exempt from CEQA.

6. Development Impact Fees Annual Report for the Fiscal Year Ended June 30, 2022City Council received and filed the Fiscal Year 2021-22 Development Impact Fees Annual Report.

CITY COUNCIL MINUTES
JANUARY 17, 2023
PAGE 3

7. Island Company Agreements
Authorized the City Manager to negotiate and execute license and a sublease agreements with the Catalina Island Company for properties necessary for public use.

19. Rehabilitation of Floats 5 and 5a
Authorized the City Manager to negotiate and execute contract(s) for rehabilitation of Floats 5 and 5a for a not-to-exceed amount of $75,000.

20. Avalon Wastewater Treatment Plant Aeration Basin Diffuser Replacement Equipment Procurement
Authorized the procurement of supplies, equipment and services for the replacement of the Avalon WWTP aeration basin diffuser system for a not-toexceed cost of $41700.00.

TAKEN OUT OF ORDER

8. 2023 Waterside Permit Renewals
Authorized the Harbor Master to renew Waterside Permits for 2023.

Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)PULLED ITEMS-Motion to approve Items #9, #11-15, and #17 made by MichaelPonce, seconded by Lisa Lavelle. (All Ayes)

9. Waterside Permit Application — Avalon Anglers
Recommended ActionMade the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and granted a Waterside Permit to Avalon Anglers, with the following conditions: 1. All operations to load and unload charter passengers will take place on Cabrillo Mole floats except on cruise ship days when all loadingand unloading will be from the floats on the Green Pier. 2. Applicant abides bythe Standard List of Conditions for Waterside Permit Holders.

11. Waterside Permit Application — Catalina Charter Boat Inc. (Retail Lobster Sales) Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Catalina Charter boat Inc, with the following conditions: 1. All operations to conduct retail sales of lobster do not negatively impact Avalon Harbor. 2. All bait, fish, traps, or othermaterials do not cause foul odor or attract birds. 3. Applicant abides by theStandard List of Conditions for Waterside Permit Holders.

CITY COUNCIL MINUTES
JANUARY 17, 2023
PAGE 4

12. Waterside Permit Application — Catalina Charter Boat Inc. (Fishing Charters) Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Catalina Charter Boat Inc., with the following conditions: 1. All operations to load and unload charter passengers will take place on Cabrillo Mole floats except on cruise ship days when all loading and unloading will be from the floats on the Green Pier. 2.

Applicant abides by the Standard List of Conditions for Waterside Permit Ho Ide rs.

13. Waterside Permit Application — Vintage Vessel Voyages Made the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and granted the Waterside Permit to Lively Schooner Inc.

DBA Vintage Vessel Voyages, with the following conditions: 1. Any direct loading or unloading of passengers on the Green Pleasure Pier shall be prior to 10:00 AM or after 5:00 PM daily and for a period of time not to exceed 10 minutes.Arrangements for docking along the Green Pleasure Pier for the purpose of loading and unloading between the hours of 10:00 AM and 5:00 PM may berequested by contacting the Harbor Master on VHF Ch. 12. Request for dock space will be considered on case by case basis and may be declined for any reason where the Harbor Master has determined that landing is not advised. Use of public or private shore boat to load and unload charter passengers between the hours from 10:00 AM to 5:00 PM is recommended. 2. Applicant abides bythe Standard List of Conditions for Waterside Permit Holders.

14. Waterside Permit Application — Fishin Funactic’s (Added Sailboat) Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Fishin Funatic’s, with the following conditions:1. Any direct loading or unloading of passengers on the Green Pleasure Pier shall be prior to 10:00 AM or after 5:00 PM daily and for a period of time not to exceed 10 minutes. Arrangements for docking along the Green Pleasure Pier for the purpose of loading and unloading between the hoursof 10:00 AM and 5:00 PM may be requested by contacting the Harbor Master on VHF Ch. 12. Request for dock space will be considered on case by case basisand may be declined for any reason where the Harbor Master has determinedthat landing is not advised. Use of public or private shore boat to load and unloadcharter passengers between the hours from 10:00 AM to 5:00 PM is recommended. 2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

CITY COUNCIL MINUTES
JANUARY 17, 2023
PAGE 515. Waterside Permit Application — Catalina Adventure Sailing Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Skippers Sea B&B LLC DBA Catalina Adventure Sailing, with the following conditions: 1.Report to the finance office on a monthly basis the number of night’s rented, total gross receipts, and applicable taxes due. 2. Any direct loading or unloading of passengers on the Green Pleasure Pier shall be prior to 10:00 AM or after 5:00 PM daily and for a period of time not to exceed 10 minutes. Arrangements for docking along the Green Pleasure Pier for the purpose of loading and unloading passengers between the hours of 10:00 AM and 5:00 PM may be requested by contacting the Harbor Master on VHF Ch. 12. Request for dock space will beconsidered on case by case basis and may be declined for any reason where the Harbor Master has determined that landing is not advised. Use of public orprivate shore boat to load and unload charter passengers between the hours from 10:00 AM to 5:00 PM is recommended. 3. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

17. Waterside Permit Application — Catalina Island Mermaids Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Catalina IslandMermaids, with the following conditions: 1. Use of Step Beach be limited toMermaid swimming classes as so that no classes may be allowed from June 16 to September 14 during peak summer season. From September 15 to October 14 and from Palm Sunday to June 15 weekend use of Step Beach will not be allowed however weekday use may be approved upon request to the Harbor Master. From October 15 to Palm Sunday of each year (off season) use of StepBeach may be approved upon request to the Harbor Master. 2. Middle Beach area behind the Wrigley Stage may be used for Mermaid swimming classes as long as the instructor led classes do not block public access to the beach or access to swim area. 3. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

TAKEN OUT OF ORDER

10. Waterside Permit Application — Catalina Charter Boat Inc. (Commercial Diving and Mechanical Services)
Made the affirmative findings that conditions set forth in the Avalon Municipal Code have been met and granted the Waterside Permit Application to CatalinaCharter Boat Inc. with the following conditions: 1. All operations to conduct mechanical repair or commercial dive services do not negatively impact the safe operation of Avalon Harbor. 2. All qualifying mechanical certificates and insurance required for commercial dive services be current and on file with

CITY COUNCIL MINUTES
JANUARY 17, 2023
PAGE 6
Avalon Harbor Department. 3. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.

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

16. Waterside Permit Application — Catalina Coastal Tours & Fishing, LLC Made the affirmative finding that conditions set forth in the Avalon MunicipalCode have been met and granted the Waterside Permit to Catalina Coastal Tours & Fishing LLC, with the following conditions: 1. All operations to load and unload charter passengers will take place on Catalina Coastal Tours End Float during seasonal operation, except during off season from October to April when the End Float is not available and no longer installed, at which time all loading and unloading will be from the floats on the Green Pleasure Pier and shall not exceed 10 minutes. 2. Applicant abides by the Standard List of Conditions forWaterside Permit Holders. 3. Applicant pays mooring fees as set by Avalon Municipal code while moored in Avalon harbor or affixed to End Float owned and operated by Catalina Coastal Tours & Fishing, LLC.

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

18. Waterside Permit Application — Trace Marine Environment Inc.

Made the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and granted the Waterside Permit to Trace Marine Environment Inc. with the following conditions: Applicant abides by the StandardList of Conditions for Waterside Permit Holders.

Mayor Marshall recused herself due to a Conflict of Interest due to sitting on theboard of Halos and Heroes and her friendship with the applicant Richard Brister of Trace Marine Environment, Inc.

Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa.(4 Ayes-De La Rosa, Lavelle, Ponce and Schickling; 1 Abstention-Marshall) GENERAL BUSINESS — None.

Mayor Marshall adjourned the meeting at 7:08 p.m.I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of theRegular City Council Meeting on January 17, 2023, is the official record of the CouncilMeeting and is on file and maintained in City Hall.

Gabrielle Morones, Deputy City Clerk I Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM: 2-
ORIGINATING DEP: Finance
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
CITY MANAGER: £IUJJ(
RECOMMENDED ACTION(S): Approve the disbursementsFebruary 10, 2023 totaling $733,452.90. for January 30, 2023 through
REPORT SUMMARY: These disbursements through February 10th are comprised of warrants totaling $318,773.88, one payroll totaling $29253278, and other electronic fund transfers totaling $122,146.24.

L ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35530- 35591 S 318,77388 02/03/23 PAYROLL 292,532.78 02/10/23
EFT -CALPERS MEDICAL 83,579.87 02/07/23EFT -CALPERS RETIREMENT 37,428.61 02/07/23 • EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,137.76 02/10/23 TOTAL DISBURSEMENTS $ 733,452.90
GOAL ALIGNMENT: Ongoing meeting of City obligations
FISCAL IMPACTS:
the FY22-23 Budget.

There are sufficient funds available, and the expenditures are included in CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details

CITY OF AVALON
JANUARY 30, 2023 - FEBRUARY 10, 2023 DISBURSEMENTS
February 21, 2023

ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CK)I 35530- 35591 $ 318773.88 02/03/23 PAYROLL 292,53278 02/10/23EFT -CALPERS MEDICAL 83,579.87 02/07/23EFT -CALPERS RETIREMENT 37,428.61 02/07/23EFT- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,137.76 02/10/23 TOTAL DISBURSEMENTS $ 733,45290

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
21ST DAY OF FEBRUARY 2023 I CERTIFY UNDER PENALTY OF PERJURY

THATTHE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 21ST DAY OF FEBRUARY 2D23AUDIT COMMITTEE -MARY SCHICKLINC FINANCE DIRECTOR- MATTHEW BAKER

CITY OF AVALON
JANUARY 30, 2023 - FEBRUARY 10, 2023 DISBURSEMENTS
February 21, 2023
2,921.26 AAA OIL, INC
185.88 ACTION SALES & METAL CO.

AMAZON CAPITAL SERVICES, INC.AMAZON CAPITAL SERVICES, INC.AVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING

BEYOND SOFTWARE SOLUTIONSBRADFORD, JAY

CATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCATALINA CHAMBER OF COMMERCECATALINA COASTAL TOURS & FISHINGCATALINA ISLAND COMPANYCDW GOVERNMENT CISNEROS, CHRISTIANCOOK, AMANDADAVIS FARR LLPDAVIS, DONALDDE MYER, i. PAULDELTA DENTAL 13,54064 DELTA DENTAL10,069.92 DEPT OF HEALTH CARE SERVICES 482.00 DEWEY PEST CONTROL
361.17 DION & SONS MARINE FUELS INC
34440 DIVISION OF THE STATE ARCHITECT

FIDELITY SECURITY LIFE INSURANCEFIDELITY SECURITY LIFE INSURANCE

GALLS, LLCGRAINGERHDL COREN & CONE

ISLAND EXPRESS

JORDAHL CONSTRUCTION

LAWSON PRODUCTSLIEBERT CASSIDY WHITMOREMAISTROS, DAVIDMANAGED HEALTH NETWORKMARTINEZ, TERESAMASAMATTHEWS INTERNATIONAL CORPORATION MCMASTER-CARRMONTROSE ENVIRONMENTAL SOLUTIONSMORONES, GABRIELL[ NAPA AUTO PARTSPOLYOYNE, INC.

QUADIENT LEASING USA, INC.QUADIENEQUILL CORP
RICOH USA, INC.

DESCRIPTION

FUEL - ALL DEPARTMETNS
SUPPLIES - HARBORVOID -MULTI STUB CHECKSUPPLIES - ALL DEPARTMENTSFREIGHT - ALL DEPARTMENTSSERVICE - HARBORCONTRACT SERVICES - ITREIMB 0/P COSTS

SUPPLIES - ALL DEPARTMENTS

INTERNET - ALL DEPARTMENTS
TOT- 02/2023CONTRACT SERVICES - 02/2023
RENT - 01/2D23

SUPPLIES - IT
REIMB 0/P COSTSRETIREE INSURANCE - 02/2023

SERVICE - FINANCE
REFUND - OVERPAYMENTREIMB 0/P COSTS

VOID - MULTI STUB CHECK
DENTAL -01-02/2023
QUARTERS 1 & 2 DUES -2022SERVICE - CEMETERY/ADMINSTRATION/PUBLIC WORKS FUEL- HARBORDSA SB11S6 FEES 2022

VOID - MULTI STUB CHECK
VISION -01-02/2023

UNIFORMS - FIRE

SUPPLIES -PUBLIC WORKSSERVICE -FINANCE

FREIGHT - GARAGE

SERVICE - P/W, HHW DISPOSALSUPPLIES -HARBORTRAINING -ADMINISTRATION/FIRE REIMB 0/P COSTS

SERVICE - ADMINSITRATION
DEPOSIT REFUNDDUES -02/2023

SUPPLIES -CEMETERYSUPPLIES -CEMETERY

EMERGENCY REPAIRS - WWTPDEPOSIT REFUND

SUPPLIES-GARAGESUPPLIES - WWTP

POTAGE METER LEASE

POSTAGE REFILL

SUPPLIES - ALL DEPARTMENTSCOPIER LEASE - PLANNING

AMOUNT NAME
5,410.39
32S.46948.43
2,287.75
283.00
2,670.152009.9D
1D4,S00.00
24,083.33
9,341.00
991.35
659.97833.09
21,000.00

36.66 1)8.2 4
CHECK
NUMBER
35530
35531355323553335534
35535
35536355373553835539
355403S541
355423554335544
355453554635547
3554835549355503555135552
35553
355543555535556355573555835559355603556135562
3556335564
35565
355663556735568
3556935570355713557235573
35574
355753557635577
DATE
ISSUED
02/03/202302/03/2023
02/03/202302/03/202302/03/202 302/03/2 02 302/03/2 02 302/03/2 02 3 02/03/202 302/03/202 302/03/202 302/03/2 02 302/03/2 02 302/03/2 02 3 02/03/202302/0 3/20 2 302/0 3/20 2 302/03/202302/03/202302/03/2023 02/03/202302/03/2023
02/03/202302/03/202302/03/202302/03/2023
02/03/202302/03/202 302/03/202 302/03/202 302/03/202302/03/202 302/03/202302/03/2 02 302/03/2 02 3 02/03/2 02 3
02/03/2 02 3
02/03/202302/03/202 302/03/202302/03/2023
02/03/2023
02/0 3/202 302/03/202302/03/202302/03/202302/03/2023
02/03/202 3
2,057.42
320.40
494.78
1,386.91

83.00 668.25
710.03
1,440.00
539.30512.00200.00
951.00390.46230.22
33,024.62
20000

82.21 3 15 1.05
123.60
509.61
1,01,0.32
423.48

CITY OF AVALON
JANUARY 30, 2023- FEBRUARY 10, 2023 DISBURSEMENTS
February 21, 2023

DESCRIPTION
2ND HALF 01/2023

VOID - MULTI STUB CHECK
LIFE INSURANCE - D1-D2/2023

SOFTWARE LEASE - FINANCE

PERMIT FEES -WWTP

SERVICE -ADMINISTRATIONVOID - MULTI STUB CHECKSEE ATTACHED DETAILSUPPLIES -HARBORSOFTWARE LEASE -HARBORSUPPLIES -WWTP

REFUND - OVERPAYMENT

SUPPLIES - GARAGESUPPLIES - FIRE
S 318,773.88

CHECK DATE

NUMBER ISSUED AMOUNT NAME
35578 02/03/2023 935791 SIRIA’S CLEANING SERVICE
35579 02/U3/2023 - STANDARD INSURANCE COMPANY35580 02/03/2023 2,411.78 STANDARD INSURANCE COMPANY35581 02/03/2023 3,554.38 SUPERION, LLC35582 02/03/2023 730.00 SWRCB35583 02/03/2023 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC35584 02/03/2023 - CORPORATE PAYMENT SYSTEMS 35585 02/03/2023 6,448.78 CORPORATE PAYMENT SYSTEMS35586 02/03/2023 151.29 WALTERS WHOLESALE ELECTRIC CO35587 02/03/2023 6,920.00 WANDA STONE35588 02/03/2023 529.86 WAYNE ELECTRIC35589 02/03/2023 58.21 WEBSTER, MICHAEL35590 02/03/2023 9,180.60 WESTERN HYDROSTATICS INC35591 02/03/2023 190.30 ZOLL MEDICAL CORP.

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID FEBRUARY 03, 2023
February 21, 2023

VENDORGRAM MARLYSEN DH U B

LINKEDIN

NORTHERN TOOL
CHET’S HARDWARECHET’S HARDWARECATALINA EXPRESS

NORTHERN TOOL

CHETS HARDWARECHETS HARDWARECHETS HARDWARE

NORTHERN TOOL
CHE’CS HARDWARECHE’CS HARDWARE

CHEIS HARDWARECHETS HARDWARENORTHERN TOOL

CATALINA EXPRESSCHETS HARDWARECHEIS HARDWARE

CHEIS HARDWARE

PEBBLY BEACH BUILDING SUPPLY
CHEIS HARDWARECHET’S HARDWARECHEIS HARDWARECHETS HARDWARE

PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILOING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY CHET’S HARDWARECHET’S HARDWARECHET’S HARDWARE

PEBBLY BEACH BUILDING SUPPLY
CHETS HARDWARECHET’S HARDWARECHETS HARDWARE

PEBBLY BEACH BUILDING SUPPLY

CHETS HARDWARE
A MAZO N .COM

CHETS HARDWAREEBAY

WEATERFLOWWIN DTE K

LANDFALL NAVIGATION
CAHMPC

DATATEL
CHET’S HARDWARECAHMPCCHET’S HARDWARECHET’S HARDWARE

DESCRIPTION

SUBSCRIPTIONCOMMUNICATION S

JOB ADVERTISEMENT
CREDIT

FLOAT MAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
TRAVEL

GARAGE SUPPLIES

KEY COPIES

OFFICE MAINTENANCE

PUMP OUT FLOAT MAINTENANCE

MAINTENANCE SUPPLIESWWTP MAINTENANCE SUPPLIESWWTP MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIESPUMP OUT FLOAT MAINTENANCEBOAT MAINTENANCE SUPPLIES

TRAVELCEMETERY MAINTENANCE

MAINTENANCE SUPPLIES

MAINTENANCE SUPPLIES

CASINO ARCH MAINTENANCECASINO ARCH MAINTENANCE

MAINTENANCE SUPPLIESPUMP OUT FLOAT MAINTENANCE

CASINO ARCH MAINTENANCE

CASINO ARCH MAINTENANCECASINO ARCH MAINTENANCE

FACILITY MAINTENANCE

FACILITY MAINTENANCE

SALT WATER MAINTENANCE

FACILITY MAINTENANCEMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESFACILITY MAINTENANCEPUMP OUT FLOAT MAINTENANCEMAINTENANCE SUPPLIESPUMP OUT FLOAT MAINTENANCE

CASINO ARCH MAINTENANCE

HARBOR MAINTENANCE SUPPLIESHARBOR FACILITY MAINTENANCEHARBOR FACILITY MAINTENANCE

HARBOR MAINTENANCE SUPPLIES

WEATHER SUBSCRIPTION

HARBOR FACILITY MAINTENANCE

FOUL WEATHER GEARDUESPAYMENT SERVICEHARBOR FACILITY MAINTENANCE

SERVICE CHARGE

OFFICE SUPPLIESPUMP OUT FLOAT MAINTENANCE

DEPARTMENTFINANCE

HUMAN RESOURCESHUMAN RESOURCESPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS

PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSHARBORHARBOR HARBOR

HARBORHARBORHARBORHARBORHARBOR

HARBORHARBORHARBORHARBORHARBOR
$ 6,44878 CHECK 35585
LAST NAME POST DATE AMT USDBAKER 1/2/2023 144.00CAMPBELL 12/19/2022 104.00 CAMPBELL 12/19/2022 331.31
HMIELAK 12/16/2022 (350.39)HMIELAK 12/19/2022 138.13HMIELAK 12/19/2022 76.96HMIELAK 12/19/2022 83.50 HMIELAK 12/21/2022 682.00FIMIELAK 12/26/2022 12.01HMIELAK 12/29/2022 6S.99HMIELAK 12/30/2022 72.57HMIELAK 1/30/2022 203.50 HMIELAK 1/6/2023 10.99HMIELAK 1/6/2023 89.S7
HMIELAK 1/9/2023 78.94HMIELAK 1/9/2023 28.S9HMIELAK 1/13/2023 966.46HMIELAK 1/16/2023 83.50 HERNANOEZ 12/19/2022 62.33HERNANDEZ 12/19/2022 59.37
HERNANDEZ 12/19/2022 50.01HERNANDEZ 12/22/2022 32.57HERNANDEZ 12/2/2022 39.02HERNANOEZ 12/23/2022 14.62 HERNANDEZ 12/23/2022 19.78HERNANDE? 12/23/2022 118.18HERNANOEZ 12/23/2022 103.03HERNANDE? 12/23/2022 21.71HERNANDEZ 12/28/2022 156.04HERNANDEZ 12/23/2022 127.S7HERNANDEZ 12/28/2022 233.99HERNANDEZ 12/29/2022 28.02HERNANDEZ 12/29/2022 47.28 HERNANDEZ 1/2/2023 45.08HERNANOEZ 1/5/2023 460.13HERNANDEZ 1/9/2023 105.46HERNANDE? 1/11/2023 100.06HERNANDEZ 1/11/2023 65.89HERNANDEZ 1/13/2023 192.68 CARSTARPHEN 12/21/2022 131.36CARSTARPHEN 12/21/2022 28.SSCARSTARPHEN 12/22/2022 17.04 CARSEARPHEN 12/27/2022 102.50CARSTARPHEN 12/29/2022 3.99CARSTARPHEN 12/29/2022 174.25 CARSTARPHEN 1/6/2023 91.90CARSTARPHEN 1/6/2023 350.00CARSTARPHEN 1/6/2023 500.00CARSTARPHEN 1/9/2023 45.72CARSTARPHEN 1/9/2023 10.50CARSTARPHEN 1/13/2023 39.34 CARSTARPHEN 1/16/2023 48.68

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 ADENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Catalina Island Mortuary Lease Agreement
RECOMMENDED ACTION(S): Authorize the City Manager to execute a lease agreement with Catalina Island Mortuary
REPORT SUMMARY: The City entered into a lease agreement with Catalina Island Mortuary on May 1, 2017 for the property at 558 Cemetery Road. The property is comprised of 266 square feet of interior space and is used to provide services to the Avalon Cemetery. As the nature of the lease is public service oriented, the annual rent due is $1.00 a year.

The initial term of the lease was from May 1, 2017 to April 30, 2022. The lease does provide for a renewal term period; however, due to clerical errors, the renewal term period is unclear.

Staff propose entering into a new lease with Catalina Island Mortuary, honoring the standardlease terms consistent with all City leases, at the established public service rate, for an initial two year term with two additional one year renewal term periods. The proposed initial term and renewal terms will align with all of the City’s current leases.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City and tenant will continue to operate on a month-to-month lease basis.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENT:
- Proposed lease agreement.

LEASE AGREEMENT
This Lease Agreement (“Lease”), effective January 1, 2023 (“Effective Date”), is entered into between the CITY OF AVALON, a municipal corporation (“Lessor”), andCATALINA ISLAND MORTUARY (“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 the Mortuary, located at 558 Cemetery Road and more accurately described 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 andconditions 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 because of 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 its obligations under this Lease.

LEASE
NOW THEREFORE, the Parties agree as follows:

1. Property. Lessor leases to Lessee, and Lessee leases from Lessor the Property, consisting of interior space measuring 266 square feet, which is described in more detail in Exhibit 1 attached hereto and incorporated herein by reference. Lessor andLessee 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 shall automatically apply thereto, unless otherwise agreed by the Parties.

2. Term.
(a) Term. The term of this Lease shall be from January 1, 2023, to December 31, 2025 (“Initial Term”). Lessor shall have the option to renew this Lease for two additional one (1) year periods, provided Lessor gives Lessee written notice of intentto renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 days prior to December 31, 2025 and the Parties agree to the terms and conditions (“Renewal Term”). The Initial Term and Renewal Term are referred to collectively hereinas the “Term.” (b) Termination. Lessee may terminate the Lease on sixty (60) days’ written notice to the Lessor.

3. Rent.

65059.00003\8507807. I
(a) Annual RenL Lessee shall pay Lessor rent each year in the amount of one dollar ($1.00).
(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 Lessorat the address stated herein. 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 sendmonthly invoices to Lessee regarding any such payments.

4. Use.
(a) Use. Lessee shall occupy and use the Property only for the operation of Catalina Island Mortuary’s mortuary and cemetery services and operations and for no other purpose whatsoever, except as herein provided. The Property shall be open for business at least nine (9) months each year for the Term of the Lease and tenantshall determine 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, andorders, 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 areassurrounding the Property or Property. (c) Condition of Property Lessee has examined the Property and agrees to take possession in 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 ineffect 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 orrecord in effect during the Term of this Lease relating to the Property except as otherwise specifically stated in this Lease.

5. Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contaminationof 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, Compensationand 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

65059.00003\8507807. I
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 anysubstances so defined or stated in any of the regulations adopted and publicationspromulgated 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 laws, 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 wastegenerated at the Property in a trash container at a location designated by Lessor.

6. Lessee’s Repair and Maintenance Obligations. 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. Lessor shall arrange and pay for all repair andmaintenance obligations until such time the Lessor becomes unduly burdened by theincreased cost caused by the Lessee’s occupancy of the Property, at which time Lessor shall negotiate with Lessee for an amendment to this lease.

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 equipmentowned 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 its option (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 withLessee’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 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 theoption, 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

6505900003\8507807.
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 fromoperating on the Property, then no rent shall be due from the date of damage, asdetermined 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 Lessor’s 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, powerpanels, 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, Lessee shall 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 thesame.

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 expresslywaives 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 utilize 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 fromand 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:
(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.

6505900003\8507807. I
H. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.

Hi. The policy must include a written waiver of the insurer’s 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; 2,000,000General Aggregate; the General Aggregate shall apply separately to each location.

H. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000.

Hi. 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).
iv. 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 Insureds” or ‘severability” clause which treatseach insured separately. (c) Property Insurance.

Prior to Lessee’s entry upon the Property 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.

H. 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.

PageS of 13
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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 such insurance 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:VlI. 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 and hold harmless Lessor from and against any and all claims, losses, damages or liabilities of any kind ornature, 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 breachor default by Lessee of this Lease. If any action or proceeding is brought against Lessorby reason of any such Claim, Lessee’s obligation to defend the same shall be done withcounsel 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 loss of 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 conditioning or lighting fixtures on the Property or Property, or from any other cause orcondition 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 Lesseeexcept to the extent such injury or loss is caused by Lessor’s sole gross negligence or

65059.00003\8507807. I
willful 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, togethec-with—any—taes—thereow Lessor shall arrange and pay for all utilities until suchtime the Lessor becomes unduly burdened by the increased cost of utilities, at which time Lessor shall negotiate with Lessee for an amendment to this lease.

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, withoutLessor’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 theoriginal 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 an assignment of this Lease. Any such assignment or subletting without advance writtenconsent 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 writtenconsent, which shall not be unreasonably withheld.

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 d eta u It:

Abandonment, vacation, or surrender of the Property by
Lessee without Lessor’s prior written consent (failure to occupy and/or operate theProperty 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 givesLessor written notice that Lessee intends to continue using the Property and will continue maintaining the Property while it is vacant, or the dispossession of Lessee from the Property (other than by Lessor by process of law or otherwise).

6505900003\8507807. I
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 leases facilities hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereoffrom Lessor to Lessee.

Hi. 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 solediscretion, 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 Lessee’s 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 without limiting 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 toLessor 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 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 anyreal 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.
ii. 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.

PageS of 13
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Pursue any other remedy available to Lessor at law or in equity.

17. Possessor’s’ 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 of1/2 of 1% (.005%) per month or portion thereof, from the date the rent becomes due. TheParties agree that such late charge represents a fair and reasonable estimate of the costsLessor 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 rent shall 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 pertainingto 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 fornotice purposes. Notice given by personal delivery shall be deemed received uponpersonal 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 90704
Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration-Leases
Lessee: Catalina Island Mortuary
P0 Box 122
Avalon, California 90704
Tele: 310-510-1406

65059.00003\8507807. I
Attention: Glenn Midgley

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 notbe 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 a waiver of any preceding breach by Lessee of any provision of this Lease, other than thefailure 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 Lessor’s 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.

27. Right 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 this Lease 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 reflectaccurately 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 Lessees financial accounts, books and records to ensure Lessee’s compliance with this Lease, at any time during the Term of this Lease. Lessor will providea minimum written notice of the request to audit forty-eight (48) hours in advance of theaudit.

65059.00003\8507807. I

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 anyperson 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, oroccupancy, 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 observedand 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.

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.

LSignatures to Lease Agreement on Next Page]

65059.00003\8507807. I
Signature Page to Lease Agreement
Dated:

The Parties hereto have executed this lease on the date stated below:

Lessee
By:Its:

Dated
By:

Its:

City of Avalon
Denise A. Radde, Chief
Administrative Officer/City Clerk
65059.00003\8507807. I

EXHIBIT I
to
Lease Agreement

LEGAL DESCRIPTION OF PROPERTY

65059.00003\8507807. I

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: £W.Ask.

PREPARED BY: Devin Hart, Management AnalystSUBJECT: Transportation Concepts Contract Amendment RECOMMENDED ACTION(S): Authorize the City Manager to execute a contract amendment with Transportation Concepts for a one-year extension of the existing contract terms.

REPORT SUMMARY: During the February 1, 2022 regular City Council Meeting, the City Council directed City Staff to return with a negotiated contract extension with TransportationConcepts (TC), the City’s contracted public transit provider. Per Staffs recommendation, theCity Council authorized an additional two year term with TC in order to provide Staff additional time to develop a new RFP that includes micro transit options.

The City contracted with TC in April2016. The contract was extended in 2019 and again in 2021 for an additional two year term. The contract with TC will expire on March 31, 2023.

The contract with TC was amended a third time, in September 2021 to allow TC to perform maintenance on the City’s transit vehicles using TC mechanics at City facilities. The amendment required that TC provide and maintain a Certificate of Insurances that includes a Blanket Waiver of Subrogation for Workers Compensation.

City Staff propose the fourth amendment — extending the contract term with TC — be for a one year period, from April 1, 2023 to April 1, 2024.

During the contract term, Staff plan to develop and solicit a request for proposals for a new public transportation provider. The proposed timeline for the RFP is as follows:

ACTION Date
Develop RFP March — May 8, 2023
Submit REP for City Council Review May 16, 2023
Release/Publish REP June 1,2023Non Mandatory Pre Proposal Meeting June 15, 2023 Deadline for Receipt of Proposals September 1, 2023
Authorization to Negotiate Contract September 19, 2023
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not havea contract with a vendor to provide public transportation.

FOLLOW UP ACTION: Implementation of City Council direction.

FISCAL IMPACTS: Undetermined.

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

ATTACHMENTS:
- February 1, 2022 Minutes- Professional Services Agreement with Transportation Concepts- First Amendment with Transportation Concepts- Second Amendment with Transportation Concepts- Third Amendment with Transportation Concepts- Proposed Fourth Amendment with Transportation Concepts

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

FOR MANAGEMENT AND OPERATION OF AVALON TRANSIT SYSTEM WITH PARKING CONCEPTS, INC. DBA TRANSPORTATION CONCEPTS
THIS FOURTH AMENDMENT is made and entered into this
day of
2023, by and between the City of Avalon (the “City”), and Packing Concepts, Inc. a California corporation dba Transportation Concepts, with its principal place of business at 12 Mauchly, Building I, Irvine, CA 92618 (“Contractor”) sometimes jointly referred to as “Parties.”

RECITALS
WHEREAS, on or about April 5, 2016, the City and Contractor entered into a Professional Services Agreement for Management and operation of Avalon Transit System (“Agreement”) under which Contractor agreed to provide transit services; and WHEREAS, on or about March 21, 2019, the City and Contractor amended the Professional Services Agreement extending the term for an additional two years; and WHEREAS, on or about April 11, 2021, the City and Contractor amended the Professional Services Agreement extending the term for an additional two years through March 31, 2023; and
WHEREAS on or about September 10, 2021, the City and Contractor amended the Professional Services Agreement to establish an on Island maintenance program; and WHEREAS, the Parties wish to amend the Agreement to extend the term for an additional (1) one year; and
WHEREAS, pursuant to Section 3.5.14 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and the Contractor.

NOW, THEREFORE, in good and valuable consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

1. The term of the Agreement as set forth in Section 3.1 of the Agreement, shall be extended through March 31, 2024 — “Third Extension Period.”

2. The Fixed Monthly and Vehicle Revenue and Hour Rates for the Third Extension Period, from April 1, 2023 to March 31, 2024 (“Period 8”) shall increase in accordance with the Consumer Price Index for the 2022 Los Angeles — Long Beach — Anaheim area for the Third Extension Period.

3. The Fourth Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect.

4. The Fourth Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the City and Contractor have entered into this Fourth Amendment to the Professional Services Agreement for Management and Operation of Avalon Transit System by and between the City of Avalon and Contractor, as of the date first set forth herein.

THE CITY OF AVALON PARKING CONCEPTS, INC. dba

TRANSPORTATION CONCEPTS
By:________________________________ By:________________________________ Name: David M. Maistros Name:

Title: City Manager Title:

Date:

Date: [If Corporation, TWO SIGNATURES,President OR Vice President AND Secretary, AND CORPORATE SEAL OFCONTRACTOR REQUIRED]
ATTEST: ATTEST:

By:________________________________ By:_________
Name: Gabrielle Morones Name:

Title: Deputy City Clerk! Title: -
Senior Administrative Assistant
Date:

Date:

Approved as to Form:

By:___________
City Attorney

CITY COUNCIL MINUTES
FEBRUARY 1, 2022
PAGE 2

1. Minutes
Approved minutes from the January 4, 2022 (amended) and January 18, 2022 regular City Council Meeting.

2. Warrants
Approved warrants in the amount of $567,952.86, one payroll in the amount of $209,032.41, two electronic fund transfers totaling $37,387.89 for a total expenditure of $814,373.16 for January 10, 2022 through January21, 2022.

3. Fiscal Year 2021-2022 Second Quarter Treasurer’s Report Adopted Resolution No. 22-03 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency adopting the Treasurer’s Investment Report for Fiscal Year 202 1/2022 Second Quarter.

4. Findings to Continue to Hold Remote TeleconferenceIVirtual City Council Meetings Pursuant to Assembly Bill 361
Determined 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, arid that as a result of the CQVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.

PULLED ITEM

5. Fourth of July Barge
Authorized the City Manager to execute an agreement with Curtin Maritime to provide barge services for the 2022 Fourth of July fireworks display.

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

GENERAL BUSINESS

6. Determine if the City Should begin the RFP/Bid Process for the City’s Transit System or extend the existing contract with Transportation Concepts.

Extended Transportation Concept’s contract an additional two-years and begin negotiations for the contract extension to be brought back to Council for a review at a later date and that Micro Transit be part of the review for the next round of RFP.

Motion to approve made by Lisa Lavelle, seconded by Cinde Cassidy. (All Ayes) CITY OF AVALON CITY COUNCIL..

MEETING DATE: Fehruaw 1,2022 AGENDA ITEM
ORIGINATING DEP: Administration CITY MANAGER: M-(
PREPARED BY: Audra McDonald, Administrative Analyst
SUBJECT: Determine if the City Should begin the RFP/Bid Process for the City’s Transit System or extend the existing contract with Transportation Concepts.

RECOMMENDED ACTION(S): Provide Staff direction regarding pursuing an REP for a new Transit Contract or extend the existing contract with Transportation Concepts.

REPORT SUMMARY: In 2015, the City of Avalon hired a consultant to assist in the development of a Request for Proposals for the City’s Public Transit system which consists of DiaI-aRide and a Fixed-Route Service (The Garibaldi), The consultant fee in 2015 was approximately $25,000. The process from development of the REP to the award of the contract was approximately twelve months.

Transportation Concepts original contract was executed April 5, 2016 and was extended March 21, 2019, and again April 4, 2021, for a two-year term set to expire March 31, 2023.

The City Council has two options to consider:

1. Proceed with a request to issue a Request for Proposais for a consultant to assist City Staff to ensure all state and federal guidelines are incorporated into the RFP. After the REP is complete, put the transit contract to bid.2. Extend Transportation Concept’s contract an additional two-years and begin negotiations forthe contract extension to be brought back to Council for review at a later date.

Staff proposes option 2 for the following reasons:

1. At the present time, City Staff is depleted due to COVID and extra duties are being assigned to multiple staff members to keep the City in compliance with a myriad of stateand federal requirements.

2. Transportation Concepts has been an excellent partner to the City and willingly adjusts fees (such as COVID) as needed.

3. Transportation Concepts has provided excellent service to the community and collaborates well with the City.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS:
1 Unknown cost for consultant fees arid unknown cost for award of a new transit contract.

2. Transportation Concepts contract is budgeted to the Transit and DAR expenditure account (12230-5099) up to the amount reimbursed by Local Return runds, with any additional expenditures charged to the Avalon Fransit Fund Coitractunl Services account (12325-5105) and anticipates additional operational funds from Metro COVIDhi fi d s.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS:

1. Professional Services Agreement Transportation Concepts 4-5-22

2. Amendment One Transportation Concepts 3-21-19

3. Amendment Two Transportation Concepts 4 4-21

PROFESSIONAL SERVICES AGREEMENT
F OR

MANAGEMENT AND OPERATION OF AVALON TRANSIT SYSTEM
WITH PARKING CONCEPTS, INC. DIBIA TRANSPORTATION CONCEVf S

1. PARTIES AND DATE.

I his Agreement is made and enten d into thi° day ol 20 lb (Effective Date”) by and between the City of Avalun a municipal organizdtion orqariizedunder the laws of the State of California with its priimcio:31 place of business at -410 Avalon Canyon Road. Avabon, California 90704 (“City”) and Parkirmo Concepts, Inc. a California corporation d/b/a Tiansportation Concepts, wrlh its pnnmpa place ci business at 12 Maucldy, Building I, Irvine CA 9261-3 (:.Ooh1tractor:) City aid Corilractoi am sonmebirmusindividually referred to herein as “Party and coibectively as “[‘cubes.

2. RECITALS.

2.1 Contractor.

Cont:actor de.sh’es to peiforni and assume responsihilay for the prosision cf certain transit sem vices required by the City on the ternis and condihons set faith in this Agreement.

Contractor represents that it is experienced in providinq transit system muam age’ neril and operations to pubhc clients is licensed in the State of California and is familiar with the plans 01 City.

2.2 Project.

City desires to engage Contractor to render such management and operations services for the Avalor, Pi ansit System (‘Project).3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General S opeof Services: Contractor promises and agrees to furnish to the City al labor, materials, tools, equipment services, and incidental and ctistomTmary work necessary to fully and adequately SUppIV the tmansii system opemations and managcmcnt services necessary for the Project, herein referred to as “Servces”. The Services are moro particularly described in the Scope of Sarvices. attached hereto as Lxhibit ‘A”, and in the City af Avaic,,, Pro?essio,m& Services Agreement Paçjo I Maria cjement and Operation of Avalon Transit .Sys tern Consultants pi oposal for the Services. attached hereto us Exlubn [3 ‘, both ol which are incoiporated iierc’h I by reference All Servkx;s shall he subject to, anti pednri,red it; accoid&tnce with, this Agreerneiit, the exhibits attached I tuieto and noorporated icrein by reference, and all applicable locat, state and federal laws, rulei arid regrilahions. In the caso of a conflict between Fxhibtt ‘A’’ and Exhibit “U”, the requtretnerits coiitaii ten in Exhibit “A” at iall cjoveri i. unless Exhibit “B proposes a higher standard or requirement n such case. and in the City’s sole dmsc:etion, the higher standard or requirement shall govern

3.1 .2 len0: The base tern of Ihcs Agreement shall be horn the Eifect.ve Date tb oimqh March 31 2019 (‘Base 1 erm’’). I niess earlier tern mated as p oviried I ni cm. The City shah have the option to extend this Agrecs ient foi rwo additional two-yeai ct ti: . Ar my such etem isions shall be oursuant to a wrlltem 011cm idrneni to this Agroer nn1t Cr tracl.t :1 shall complete the Services within the lerm oh this Agreerriem, amid shall meet oiiy oh tem established schedules and deadlines. Toe Pam ties may, by mutual, written agreement. extend the then-current term of this Agreement, as necessary to complete the Sum vices

3.2 Responsibilities of Contra’:tor.

3.21 Contiol and Payment of Subordinates; Independent Contractor: iho Services shall be perloirned by Contractot or under its supervision Contractor will oeteriTnne the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. ContraDtor retains the right to perform similar am’ different services for others during the term of this Agreement. Any additional peisonriel performing the Services under this Agreement on behalf of Contractor shall also not be r-!rnployeos of City and shall atall times be under Contractci ‘s exclusive direction and control. Contractor shall pay all wages. salaries, and otl’er amounts due such personnel ni connection with their perfoimance of Services under this Agreement and as requited by law, Contractor shah be responsible for all repods and obligations respecting such additional persennel, including, hut not limited to: social security taxes. incorno tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance

3.2 2 Schedule of Seivices Contiactor shall perfom in the Services expeditiously, within the term of this Agreement Conti actor represents that ii has [tie professional and technical persannel required ‘o Perform the Services in ccinforniince with such condilions. In order to facihtate Conti’actoi ‘a conformance with the Schedule. City shall respond to Contractors submillals in a timely manner. Upon request of City, Contractor shall provide a flare det€,iled schedule of anticipated performance to meet [he Schedule of Services.

32.3 Cordormance to Applicable I teiuirernents: All work prepareu by Contracto; shah be subject to the approval of City

3.2.4 Substitutior: of key Personnel: Contractor has ‘epresented to City That certain key personnel will perform and coordinate the Services underthis Agreement. Such City of Avalon, Protessional Services Agreement Page 2
(Vlanagernerfl and Operation of Avalon Transit System
per;orirrel are iciereilred in the attached ExhihiiB.SI1OLIh_I Cue or more of such isoiiiie become unavailable: Ccii tractri may substitute o:hor person i el of at iea’.i s uai competence upon written approval of City In the event tha: City and C untractur car ii ut
agree as Lu II a substitution of key personnel. City shall be entitled to tern’ note tI uis Agreement for cause. As discussed below, airy personnel Who fJIl Oi refuse to UC1OI ill Serv.ces in a nianrrer acceptable to the City, or who are determined by the City to he uncooperative, incompetent a threat to the’ adequate or timely con rpletiori or the Project or a threat to the safety of persons (Jr property, shall be promptly removed from the Project by the Contractor at the request of the CWj.

3.2.5 City’s Representative. I he City hereby designates the City Manager, or his or her designee, to act as its representative for the p0 formnnce of this Agreement (City’s Representative’). Cits Representative shall have (hi:’ powerto act on behalf otthe City for all purposes under this Agreement. Contractor shall not accep1 direction or orders from arty person oIlier than the City’s Representative or his or her clesicjnee.

3.2.6 Contractor’s Representative. Contractor will designate a designee to act as its reprosenlative for the performance of this/’sgrecrnent (‘Contractor’s htepresentative’.

Contractor ‘a Representative shall have full auhority to represent and act cci behalf of hI Contractor for all purposes under this Agreement. I he Cor rlractor a Representative shail supervise arid direct the Services, using hisllier best skill and attc:ntic;nr, and shall lie responsible for all moans, methods, techniques, seq renees and procedures and foi the satisfactory courdiriation of all portions of the Services under this Agreement,

3.2.7 Coordination of Services: Contractor agrees to work closely wth City staff in tI IC performance of Services and shall he available to Citys staff, Contrac:ors ar,J other staff at all reasonable times.

3.2.P Sianda; ci of Care; F’crfarnuancc or Employees: (‘:ontractor sI raIl penori all Servk;es under this Agreement in a skillful and competent rrianner, consistonrt with tha standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents arid maintains that it is skilled in the professional calhng necessary to penfom the Serrces. Contractor warrants that all employees and subcontractors shaH have sufficient skill and experience to perform the Services assigned to them. Finally. Contractor represents that it, its employees rind subcontractors have all licenses, permits, qualifications arid approvals of whatever nalure that are legally required to perform the Services, including a City Business License. and that such licenses and approvals shall be maintained throughout the term ofthisAgreernent As provided for in the indemnification provisions of thLs Agreement. Contract shall perform, at its own cost and expense and without reinroursemont from the City, any services necess;:rry to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein

3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of and in compliance with all local, staic and federal laws, mlcs and regulations in any manner City of Avalon, Professional Services Agreement Parju3
Management and Operation of Avalon Transit Sysfe:ri
afteclrrg the performance of the Project Or the 5EtOiCC5. inch iding all Cal/I )Sl IA r)quirernenls, and shall give all notices required by law. Contractoi shall he liable for all violations of such laws arid regulations ni coil iechori with Seiviccc If the Contractc’r per’form:s any work cnowing it to he 01W nary to suC laws, tiles at irl reqt.ilatrons and withoul giving wi itteti notice lo the City, Coritracto’ shall be solely responsible for nil costs ansirig therefrom. Contractor shall defend iridenrnily and hoki Orty, its off enils. directors, officers, employees and agents free and harmless, IJLIISLIRI it to IIit indemnification provisions of this Aqit’rnnoi it. (rein any ClaIre or liability adsing out of any hili ire on alleged foilun to comply ‘.‘.‘ilh si:ch laws, rules or reqi ilations.

3.2.10 Insurance Coirtrcctor shall maintain prinrlo tIn:’ Lnqiii’wig of urrd for the duration of this Agreement insurance coverage as r;pecnu in FAhihit ‘f;!! attached to and pad of this Agreement.

32.11 Safety: Contactor shaH execute and Inaruolifi Ifs work so as lo CiVOI(3 injur/ or damage to any person or property. In carrying out its Seivices, the Contractor shall at all times be in compliance with all applicable local, state and rederal laws, wins and regulations, and shall exercise all necessary preco’itions for the safety of employees appropriate to the nature of the work and the conditions undet which the WOI 1< iS to ha performed. Safety precautions as applicahle shall include, but shall not he limited to: (A) adequate life pi’otectioi i and life saving equipment and piocerlures; (B) ristwctions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges! gang planks. confined space procedures, trenchng and shoring, equipment and other safety devices, equipment arid wearing apparel as are necessary or lawfully required to preventaccidents or injulies, and (C) adequate facilities for the proper inspeclion arid maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimhrrnsements, for all Services rendered and costs incurred ruder this Agreement for the total not exceed sum of One Million, Six I lundred Sevont-Scrvsni Thousand, Nine Hundred TwenlySeven Dollars ($1 :677J2700) for the Base Temni of this Agreement, as further detailed in Exhihit ‘D” attached to this Agreement and nccrporatr:d herein by reference.

For the Base Term of this Agreement, the Fixed Monthly and \Jeliicle Reveiruellour Rates shall be as follows: Fixed Monthly Fixed VRH
Rate Rate
Period 1: June 1,2016 -- March 31! 2017 $ 28,862.00 S2 1.25 Period 2’ April 1. 2017 -March 3!, 2018: $ 28832.00 $21.81 PeriodS: April 1,2018 . March 31, 2019: $ 29731.00 $2245 Extra Work may be authorized in wrrting, as descrioed below, and will he City of
A va/on, Professional Se,vices Agreement Page 4
Management and Operatic” of Avatar, Transit System
compensated at the rates and manner sot forth in this Agreement S 3,2 Payment and Corn ci mallen Conti actor shall subi’rul to Cny a n onthly it 1?1)I7OO statement which indicates W(Lk Oorfll9t[2d aria I (‘Ui S il S&t VlS tiIdUre(J Lw Contractor The statement shah describe the aiTiount of Services and supplies provided since the initial commencement date, or Since flue start oitho subsequent bilhng pariods, as appmpriate. tnrouctl’i the cate of the statement City shall, V1thTfl 45 nays of receving StiO I tateIneilt, review the stalement and pay all approved chaiges thereon

3.3.3 Reimbursement for Expenses: Contractor shall not be rein br.rsed icr any expenses unless autiiuhzed in wntiltci by City.

3.3.4 Extra Work: At ‘any time dunrig the term of II is Agreement. City may request that Contractor perform Extra Work. As used herein, Extra Work means any work which is d€toniiiried by City to be necessary for lire propcr complenor ul the Prrect hut which the parties did runt reasonably anticipate would be rieces y at the execution or this Agreemei it. Contractor shall not perform, nor he compensated for, Extra Work without written autrtonzation trom City’s Representative.
335 CompensationinuptionPenods: In the uveiui that uitiierorhctlr of tli(’:

Iwo, two—year option periods are exercised by the City. Contractor conipeimsatuon will he negotiated between the parties, but in no case shall the iates of compensation, less stait-up and capital costs, increase by no more than the annual increase in the Consumer Price Index for the State of California (Los Angeles-Riveiside-Orar:ge County statistical alen) for the most recently repoited calerdai year.

3.4 Accounting Records.
3,4, Maintenance and ispeclior i: Curd auto; shall mair itain ornplete and accurate records with respect to all costs and expenses incurred under this Agieei’nent. All such records shall be clearly identifiable Contractor shall allow a representative of City during normal business hours to examine, audit, and n alu’ transcripts or copies at such records and any other documents created prirstiart to this Aqr’eeineit. Contractor shill allow inspection oF all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under t[ns Agreenient.

3.5 General Provisions.

3.5 1 Termination of Agreement

3.5.4.1 Grounds for 1 enirirration: City may, by written notice to Contrack,r, terminate thewbole orammy part of this Agreement at ‘anytime and without cause by rJving written notice to Contractor at such termination, and spec.fyinrj the effective date thereof, at least seven (7) days betcre the effective date of such termination. Upon City of Avalon, Professional Services Agreeineirt Page 5 Management acid Operation of Avalon Transit System
mrnhlnation Contrac:toi r all he compensatco only far tnosu so rvices whet iiavc bee:’i adequately r?nderd to City, and Contractor shall be orititierl to iii) furthei i ipensaticiL (:ot,Irrjcto, I nay no ten ninate II us Agi eemt except for cause

3.5.1.2 Effect of Ierrninaiton: It this /1iltcrr)<.ilt tc tciiTiinaled as provded herein, Cty may require Contract to provide all finished or unfinished Docurnents/ Data ar ci other informatioi of any Icind prepared by Conti actor in 000necrion itIi tl1? peu lot manoc of Services under thrs Agreement Conirseto si all be Rx uirecl to po vicle St iCli document and otl’k,r inloir nation within lifleen 1 5) da’js of the request.

3.5._l.a Addiuonal Seivices: In the event this Agreement is tenmrtated n whole or in putt as provided herein C ity may nc ire. I iflflfl ci lorms at id in such manner as it may dotei [nine appropriate, seivices similar to those teirTluiiatcrt

3.5.2 Delivery of Notices. All notices pernutted ci ttcju:red under this Agreement shall be given to the respectve parties at the following address, or at such other address as the respective patties Tiny provide, in writing [or this pliroose CONTRACTOR:

Trarisportatron Concepts
12 Mauchly. Riilchng I
Irvine CA 92618
Attn: Rich Rogers. Chief Operating Officer
Phone: 949-864-3493
CIlY:

City of Avalon
P.O. Box 707
410 Avalon Canyon Road
Avalon, CA 90704
Aim: City Manager
Phone: 3 10) 5 10-0220 cnd. 20
Fax: (310) 5102478
Sucn notics shall be deemed made when persoiialy delivered cr when rnalle:i, forty-eight (48) hours after deposit in the U.S. Mail, first class postage piepaid and addressed to the party at its applicable address, Actual notice shall be doomed adequate notice on the date actual notice occurred, regardless of the method of service

3.5.3 Ownership of Materials and Conlidentiahty.

3.5.3.1 Documents & Data; Licensing of Intellectual Properly:

This Agieement creates a non-exclusive and perpetual hcense for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and othem inteliectual property embodied in plans specifications, studies, drawings. estin mates, and olher docrunemmts or City of 4vln,;, Professional Set vices ilgreerne;it Page t Manaqement and Operation of ñvalo,, iransit Syferti
works of authorsi up fixed iii any tangible medium of expressicn rnch;dii ig but not limited to, physical drawings or data magnetically or otherwise recorded on compi nor diskettis whiri an C Prepared or caused to be prepared by Contractor i.r ten this Agreement (‘‘Docun Data’T Contractor shah rnqun e all subconiracors to agree in writing that City is granted i I ionexctt msive and perpetual license for any Do;un rents & Data the bcontractor prepares
under this AgreenenI. Contractor reprosenuts and war ants that Contractor haS UK: toga right to license any and at [)ocu:uents
& Data. Comuti actor ruakes no such iOit-’5Ci itirtin
and warranty in regard to Docurmients
& Data which were pmpartd by design plolossIonals
other than Contractor or provided to Cootracto by the City. City shall not lie limited in any way in its use of the Door rrnents and Data at any timesrovidcd that any cud rise ct withni i the purposes intended by Ihts Agreement shall be at City’s sole risk.

35.3.2 Confidentiality: All irleris, memoranda, specifications, plans, procedures, drawings, descriptions, computer pmor4ramii data, input recircl data. writtem i information, and other Documents ansI Data ejther creatrxi by or provicieri to Contractor in connection with the performance of this Agreer.•ient shall be held confidential by Contractor.

Such materials shall not, without the prior written consent of City, be i.ised by Contractor fur any pm poses other than the performance oF the Services. Nor shall such mater irs i.e disclosed to any per son on entity not connected with the penormance of the Scm vices or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally kuown, or has become known, to the elated indushy shall be (loomed con1dential, Contractor shall not use City’s name or insigrima, photographs of the Project, or any publicity pertaining tothe Services or the Project in any magazine, trade paper, newspaper. television or radio production or other similar medium without the prior written consent of City.

3.5.4 Cooperation; Further Acts: The Parties shalt fully cocperate with one another, and shall take any additional acts or sign any a&itional documents as may be necassary, appropriate or convenient to attain the purposes of tints Agreement,

3.5.5 Attorney’s Fees: It either party commences arm action agair at the other pady, either legal, administrativo or otherwise, arising out of or in connection with this Agreement. the prevailing party in such litigation shah lie entitled to have and recover train the losing parly reasonable attorneys fees and all otner costs of such acton.

3.5 6 Indemnification: To the fullest extent p0 milled by law, Contractor shall defend indemni[ and hold the City, its officials, officers. employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, uxperses, liability, loss, damage or injury in law or equity, to property or torsons, including wrongful death, in any manner arising out of. pedaining to, or elating to any neghgerice, errors or omn:ssions, recklessness, orwilltal misconduct of Contractor, its officials, ofticets, employees, agents, and Contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and c’tlrer rei’ated costs arid expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits. actons or other legal proceedings of every kind that may be brought or instituted against City of 4valon, Professional Services Agreement Pagt? 7 Management and Operation of Avalon Transit Syslwrt
City its diieAnr officials, ofIicert; employi let;, )t. or voltinturs. Cent actor sh; ill pay and satisly ally judgment, ‘award or decree that may be rendered against City or its directors, officials, oficers, employees, agents, or volunteers. in any such suit, act loll 01 other legal proceeding. Contractor shall reimburse City and its directors. oflkials. otimeors. employees. agents, and/or volunteers, for any and all legal exoerises and costs nerrired by each of thorn in connection therewith or in entorch ig the ii deinnsty 0’ Oil f.irovid( rd Cciii aetors olliitiatlon to indemnify shall lot be restricted to insutance proceeds, if any, eceivod by tile City, its directors, official’s officers, employees, agents. or volunteer;

3.5.7 Entire Agreement: Ti mis Aqi’eerneiit CU! itaim it; the ertiro /5gm corner t of the parties with respect to the subject matter ooof, and supersedes mlt prioi negotinfiur is. uridorstandings or agi cements. This Agm comeilt may only be modifFedi by a writing signed by hnth parties,

3.5.8 Governing law: ‘Ibis Agrce.inerii stiill be gevernec by the avis of the State of Cabtornia Ver ama shall be in Los Angeles Cow ity

3.5.9 Tirire ci Essence: ‘wne is ul the essence for each and every provision of this Agreecient.

3.5.10 City’s Right to Ernp;oy Other Conti actors. (.Nty reserves right to en ploy other Contractors in connection with this Project.

3.5.11 Successors and Assigns: This Agreenient shall be binding on the successors and assigns of the partles

3.5,12 Assignment or Transfer Contractor shall not assign, ntypothecate, or transfer, either directly orby operation of law, this Agreomeni tN’any iirterest herein without the prior written consent of tile City. Airy attempt to do so shall be. null arid void, arid any assignees,hypolhecates or tranaferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 (;onst tica, References; Captions: Since the Parties or their agents have participated hilly in the preparation ofthisi\greeinent, the language orthisAgreenient shall be construed simply, according to its fair meani g. and not strictly for or against any Pady. Anyterm referencing time. days or period for periormonce shall he deemed calemidai days and not work days. All referencos to Contractor include all personnel, erllployees. aqents. and suhcontm actors of Contractor, except as otherwi.so specified in this Agreement All references to City nciude its elected ot1icals, officers, employees, agents, and volunteers except as otherwise specified in this Agreenient ‘file captions of the various articles end paragraphs are for convenience and ease of reIeience only, and do not defiie, limit, augment. or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment: Modification’ No supplement, mocification, or arnencinient of tIns Agreement shall he binding unless executed iii writing and signed by boti i Parties.

City of Avalon, Professional Services Agreement Page 3
Management ind Operation of Av&un Transit System

3.5.15 Waiver No waiver of any default shall constitute a waivci of any oilier
default or hnach. whether of the same or other covenant or condilion, No wuivcr. bench:
privilege, or ssvice voluntarily given or performed by a Patty shall give the other Party any contractual ilghts by custom, estoppel, or otherwise.

3.5.10 No Third Party Beneficiaries: 1’ifl are no intended thial pai Lv beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalkllty: Sever abaity If any portion of this Agreemunt is declared invalid, illegal, or otherwise unenforceable by
a court of competent jurisdiction, the remaining
provisions shall continue In full force and effect.

3.5.18 Prohibited Interests: Coittactor iwiit:iiitt: and warrants thatil has not employed nor retained any company or person, other than a bona tide employee workiriçj
solely for Contractor, to solicit or secure this Agreement. Further, Contractorwarrantsthat It has not paId nor has it agreed to pay any company or person, other than a hona tide employee working solely for Contractor, any foe, commission, percentage, brokerage fee. gift or other consideration contingent upon or resulting from the award or (flaking of this Agreement, Contractor luither agreesto file, oi shall cause its employees oi subcontractors to file,
a Stateineni of Economic Interest with the City’s Filing Orncer as required under state law in the performance of the Services. For breach cc violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the tenn of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equat Opportunity Employment’ Contractor represents thai it is an equal opportunity employer and It shall not discriminaLe against any subcontractor, employee or applicant for employment because of race, religion, color, natk,nal c’iigin. handicap. ancestry, sex or age. Such non_discrimination shall include, but not be limited to. all activities related to initial employment, upgrading, demotion, transfer. recruitrnertt or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently hi effect or hereinafter enacted.

3.5.20 Labor Certification: By its signattxe hereunder. Contractor cenifies thai it is aware
& the provisions of Section 3700 of the California Labor Coda which require evey employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commericing the perfo:manct. of the Services.

3.5.21 Authority to Enter Agreement: Contractoi has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agraernont. Each Party warrants that the Individuals who have signed this Agreement have the legal power.

City ofAnion, Professional Services Agreement Page 9
Management and Operation ofAvalon lrensit System
r.ght, antI anlhnritv to make this Agreement and hind each r€.spcclive Paily

3.5.22 Counterparts: ThisAgreement may lie sgi eed in counterparts, oach of which shalt conslitute an original.

3.5.23 ConflictIng Provisions: In the case of any conflict between the terms of this Agreement, and any exhibit attached hereto and incorporated herein by refeience, the ke:nIs of this Agreement shall govern.

3.6 Subcontracting.

3.6.1 PriorAppioval Required: Conkactoi thalinotsubc.ontra3t any lortion of the work required by this Agreement, except as expressly stated hetein, without priorwritten approval of City. Subcontracts, If any, shall contain a provision makii ag them subject to all provisions stipulated in thisAgreement.
[Signatures on following page)
GUy ofAnion, Professional Services Agrocmen: Page 10
Management and OperatIon of Avalon Transit System
PROFESSION/-U SERVICES Jeikfr’i.:WILN
FOR
MANAGEMENT AND OPERATION OF !VAi ON TRANSIt SYSI EM
CITY OF AVALON PARKING CONCEPTS, INC.
b/B/A

TRANSPORTATION CONCEPTS
iv
< ‘-
‘- C - ill)
Date Date
(
Name. {ttn Rogers
Attest:

I \H TJe:Chctpcrjffluw
[it Corporatar I WO SJUNMURI :c;
OR \‘.ce fTh,esi:IeI AND
!ccretai
‘ ANc:COPOR, I ,I A; (N
CON HACTOR RroUIRco
Approved as to Foirn:
- Date
• —
- /flt N 1n B ktt — Date
City Attorney
Tite. Sucreta1y
CityofAvalon, Professional Se,vices ilyrooineizt Page ii Manaucin opt and Operation of Avajon Transit System

FIRST AMENDMENT TO TUE
PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMEN1’ ANfl OPERATION 01’ AVAI,ON TRANSIT SYSIEM WiTH PARKING VONCEPTS, INC WIWA
TRANSPORTATION CONCEflS
THIS FIRSt’ AMENDMENT to is made and entered into this day of’\.tt(vtJ’, 211)9, by and between the City of Avalon (the “City”), and Parking (‘oncepuc, Inc., a Caltbrnia corporation cl/lila inns;xrtatioii Concepts, with its principal phwcol’husiaess at 12 Mauchly, Building I, Irvine. UAQ26l 8 (“Contractor”) sometimes Jointly referred to as “I’arties.”

RECITALS
WHEREAS, on or nhout April 5, 2Q16, the City and contiactor entered into a l’rolèssional Services Agreement for Management and Operation of As-alon Transit System (“:\grccmcnt”) under which Contractor agreed to provide transit services; and WHEREAS, the Padies wish to nnwr.d the Atte,ncijt to extend the tenu loran additional two (2) years as provided in Section 3,1.2 of the Agreement; and WJIEREAS, pursuami to Section 3.5.14 ofthe Agtt’ement, the Agreement may only he aniezaled by written agreement signed by both the City and (,ontraetot

AGREEMENT
NOV, TIUCREFORE, in good and valuable considetalion of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the l’arties hereto agree as Ibilows:

I. The term of the Agreement, as set forth in Section 3.1 of the Agreement. shall he extended through March 3!, 202 I (jjrct Rxthj!c!frcfl.

2. Section 3.3,) of the Agreement is amended to include the Ibilowing additional Fixed Monthly and Vehicle Revenue Hour Rates as follows:
rixed Monthly Fixed Vfltl
Pc.iod 4: April 1,2019- March 31.2020: $37,067 $34.50

3. The Fixed Monthly and Vehicle Revenue Irnur Rates for the second year ofthe First Extension Period. &om April 1, 2020 through March 31, 2021 (“Period 5”) shall increase in accordance with the Consumer l’rice Index for the Los Angeles-L.ong Beach-Anaheim area br the twelve month period of2010.

4. This First Amendmentshall affect only the items specilically set forth herein, tudal) other term.c and conditions ofthe Agreesneutshall remain in hill force and effect,

5. Ibis N rst Amendment may be signed in counterparts, each ofwidth shall constitwe an original. 650594’*ê31*1ô34JL1
fr WHNI’SS WHEREOF, the City and Contruewr have eiutcit:d into tins First Atticndmeiil in the t’rnIcssonaI Services Agreement for Managenient and Operation of Avaion irant;ii System by ant between the City of Avahon and Contractor, as oHhte date. lust set krth herein.

THE crrv OF AVALON
B)
tic: Denise Radde
tltte: City N4anagcr
Date:

P RKIN( ( ()‘i( I L’ S 1’%( dhn
IRANSPORFATLON (:ONrIS
t .L ;i:

I ide:

Date:

A Ii
II (orporatiini, IWO X1(iN;\
OR \‘iee !reidcnt ANI)
0R PC )RATF SEAL C
ktL(?Uil4ED
AT’FKST:

II RI’S. Presi dent
Secret an AM)
(0NiRA( IC iR
Date:

A ppmveil as to Form:
ik: •t
Name: jaj:>:.f
idle:

Dale:
4 65O9.OOOOttU 1814302,1
SI;COND AMENDMENT TO rI.,Ir
PROFESSIONAl. SERVICES AGRIEMEN’I FOR MANAGEMENT AM) oPERATION OF AVALON TRANSIT SYSTEM WITH PARKING CONCEPTS, INC 0/lilA TRANSPORTATION (:ONCKVFS
TillS SF.CONS) AMENOMENT to is made and .‘utefr.l hdo chij day 2021. by and between the City of Avalon (the “City’), and Paiidng (‘oncepis. tête., a Ualilbrtiu eorjx’ntlioa cl/b/a i’ransportation Concepts, wkii its principal place ofhusintss a112 Mauchly. Building I, Irvine, CA 92618 C’Cotiiructor”) sometimes jointly referred tons “Parties.” ItECIThIS
WHEREAS, on or about April 5, 201o. the City and Contractor entered into a Ptntssiqnal S.,rvicss Agresnwnt for Management and Operatiw) of Avalon Treinsit Syswm (“Agreement”) underwhich Contractor ngree4 in ptovide transit services: and WIRU4 HAS. O or about Maith 2$, 20(9, the City and Contractor Amended the Professional Services Agreement for tin x1’Jiiionnl two years; and
WHEREAS. 11w Panics wish to unier4 the Agreement to extend the term fbran additional two 2) years as provided iii Section 3.1.2 ofthe Agrennent; and WhEREAS, pursuant to &cton 3.5.14 ofIheAgreement. the Agreenienl may only lx’ amended by written agreement signed by both the City and Coatrtwtor

AGREEMENT
NOW, THEREFORE. in ‘otd and valuable coiNideratioli of lit mutual promises and covesnnts contained herein, the receipt and sufficiency of which is hereby acknowledged, the Panics hereto agree as Ibliows:

I. ‘lit terni of the Agreement, us set forth in Section 3.1 of LIe Areemeitt. shall he exiended through Manh 31,2023 (‘Second Extension Period”).

2. Section 3.3.1 ofthe Agreetnent is amended to include the tölkowing addnionai $ixed Monthly and ‘ehicIe Revenue Hour Rates as fellnwc:

Fixed Monthly Fixed VRI I
Rate Rate
Period 6: April 1, 2021 — March 31,2022: $34,980 $34.50

3. The Fixed Monthly and Vehicle Revenue I tour Rates for the second year of the Second Extension Period, from April I, 2022 through March ii, 2023 (“Period 7”) shall increase in accordance with the Consumer Price Index for the 2021 Los Angeles-Long Beach-Anaheim area 11w the twelve month reriod of 2023.

4. This Second Amendm.nt shall ailed only the itcm.s specilicuily sd torth herein., and all odier terms and eciuglitions of the Agrcenteiit shall remain in full force and effect. 1 his ‘,cv,cc.I .\ijwhIWi)i iia’ _.igiici is ci;nc ‘i--. c;ich at \ttiut, :ii:itl cculk:ue Os
ft his Second Amenhiuurn neludes cost reduction dr Peslc’d h at he Iisud Monthly tUne disc ti (UVtI)--l) the City and/or Qoinichu sHiv a--open negoliatiosts ucardine he EixI ‘,nihl’ l:t- isO [he ii<tt R0n ttc1i s1deit ilikifi the ‘t-l(iiS i (OVII) 0 irc \VlJ.NISS X411FR[-0F, thc (it’ sod ( ii Nit(uIliIVC eI:!cie iiiti ta Sconsi .sutne rent ti tile J’n,fessdiial Services Aos allen tst - isg4melt is! ()ltcristioo ol Avatcis 1 sisas ytcsxi b sit.thltvean he City 01 AvisIon isid Contraetoi, its ol the tale hiss se ich hereits I1ARTKINC (:O(Vrt S. tcc nh:,
liz ANSPURi:FtON ( ‘ )N( t4PlS
) b;y: I vi]
Nm flu: 14 eb crs
t it!e,\!P c;hi[t Operating ( fltieer
F)istt: 2i:
f\l/()
OR \!te t5tSiIL!lt
(JU’ORAl ShAh
I c) : I
H ,2±Z5r
V i\i-tt ‘‘-- S
filE (ITY 4)1 AVALON
Nanie: I )eni;e kadse
tile: City Msunsger
tiate:

AJTES’E:
iN A
,NI)
F(3tL:s. Prcssitnt
S:cntsr. Ar.h)
( ‘ ts t YOlk
/
H’ - *
‘ N-nine. ull flisistun
itt crsusarv
Rue:

Aporoved us to loon.

By:
(iv A tt’:rnev
1 Iiiis ee&)iii 1’\tiieudiutnI tell 0 eIiitef>nes. ijJ ii an!.

I lBS Scciitid A ichiicij !Jclllles cost eliicli,i tot P i jet 6 ol (lie l’t>::d Monthly ibit. due ,((1jf). ic. The (_iIV andnjr Cnril,actor :miy I.:flp(;n izgotiouons zothii’ It Morink Raft and the VRII Rae i(peti’ietiI upon Ike slams il (UVN )19 trs ;V!ir.lSs vItLtItt(}1e,Ilte. (ityand C>,itinc(c,r eivn cnlercjl int’ his Seey1c1 Attu:telti fl to the Pi.ilès;,i.’nal Services Aurtdntent ib, MnIiogeillcLt and ()pertiiri 01 Avalti,i t,ii)it 9y-Oeij. Ijy h-tv’een iii. (it oFA’;aioi ae.i ( oisttcFor. as ofhe diii: tirsi ei finili ,lIIl (ITYOFAVAIA)N L’ARICUSG cl ft’iS. INC. ilIji iItANSP( )I(lAl’Lr)N ((YQCfPl / /
Name: l.)enise Ro](c Nai Rhji’o s
hue: (lly i4anaper llth:,Vl’ — ‘1ia{Operating Olficer
flute;
itt Cvrpoia:ion. iWO Sit 1NA1 URIS, Picudnu
OR Vie.e Prosideni AN!) Sccrelaiy. ANfl
(ORl’ORAl E SEAt. 01 CUNTR.\C !0i
tuQl JIREf)]
AIJFS’l: AiTFST .
‘ Name: Gill I3iiriect
1 ilIr: Sccielaiy
hut:: /
Ajipiovecl as Ii:’ lo
City Attorney
2 65OW.OOtJ3k3 I 16502.

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM:

ORIGINATING DEP: Public Works CITY MANAGER: PREPARED BY: Jamie Hmielak — Maintenance Superintendent SUBJECT: Purchase of a New Skid Steer for Public Works
RECOMMENDED ACTION(S): Authorize City Manager, or their designee, to procure per the City’s purchasing policy, a new skid steer, with several attachments, that meets the required specification outlined by Staff, for a total not to exceed $126,500, and amend the budget toincrease the vehicle replacement account by $126,500 (13825-6781).REPORT SUMMARY: The Public Works Department does not currently have a skid steer. A skid steer can prove to be an extremely valuable piece of equipment, especially with the rightaccessories. Uses for a skid steer include street maintenance, excavation, grading, landscaping, drainage maintenance, and debris/rock removal. Currently many of these tasks are being completed with a utility golf cart, which is undersized and extremely inefficient. A skidsteer will not only be able to perform such tasks, but will be able to perform them safely with great efficiency.

Several factors went into deciding the proper skid steer for our needs. We need a unit with a smaller profile to allow us to access our narrow streets, alleys, and beach areas. A smaller unit will also help accommodate public convenience due to the smaller footprint. One with an enclosed cab is preferred due to storm/saltwater elements our crews encounter. A unit that hasattachment versatility was also desired to allow it to meet our various needs. The John Deere 318G skid steer fulfills all of these requirements. Several of the attachments can also be used with our John Deere mini-excavator, making a John Deere unit more cost effective.The table below lists the base pricing for the skid steer, along with the attachments, that we wish to purchase from Coastline Equipment located in Long Beach, CA, which is the dealer we purchased our mini-excavator from back in 2019. They are a Sourcewell vendor, which allows them to discount the skid steer by approximately 20 percent off the base price of $75,525 dueto us being a Sourcewell member. This pricing does not include taxes, fees, or delivery.

Equipment Description Base Price
2023 John Deere 318G Skid Steer $59,424.98
John Deere BP72C 72” Pick-Up Broom $12,334.50
John Deere MP66B Multi-purpose Bucket $6,026.00
2021 John Deere Heavy Duty 45 Fork Set $1,130.67
John Deere CP12D Cold Planer $16,237.00
Furukawa FX55 Breaker
Upgraded Tires & Wheels $3,100.00
FISCAL IMPACTS: Amend the budget to increase the vehicle replacement account by $126,500 (13825-6781).

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Public Works crews will continue to perform required tasks using our utility golf cart, and other equipment, in an unsafe and inefficient manner.

FOLLOW UP ACTION: Complete the equipment procurement following the City’s purchasing policy.

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

Attachments: Skid steer & attachments quote.

JOHN DEERE COASTLINE
Equipment /
Quote Summary
Prepared For: Prepared By:

CITY OF AVALON IVEN BAHARIANP0 BOX 707 Coastline Equipment Company AVALON, CA 90704 6242 N Paramount Blvd Bldg A Long Beach, CA 90805
Phone: 562-272-7400
iven - [email protected]
Quote Id: 27840061
Created On: 28 November 2022
Expiration Date: 29 September 2023
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 318G Skid Steer $74,525.00 $ 59,424.98 X 1 = $ 59424.98JOHN DEERE BP72C 72” Pick-Up $ 12,334.50 $ 12,334.50 X I = $ 12,334.50 Broom
JOHN DEERE MP66B MULTI- $ 6,026.00 $ 6,026.00 X 1 = $ 6,026.00

PURPOSE BUCKET
2021 JOHN DEERE Heavy Duty 45 $ 1,180.67 $ 1,130.67 X = $ 1,130.67 In. Frame and Set of Forks
JOHN DEERE CP12D COLD $ 17,241.00 $ 16,237.00 X 1 = $ 16,237.00 PLANER
OT (4)33 X 12 F2AR (H16) TIRES & $3,100.00 $3,100.00 X I = $3,100.00 WHEELS
FURUKAWA FX55 S 14,250.00 S 14,250.00 X 1 = $ 14,250.00Equipment Total $112,503.15 Quote SummaryEquipment Total $ 112,503.15
Documentation Fee $510.00
SubTotal $113,013.15Sales Tax - (10.00%) $ 11,193.32
Total $ 124206.47
Balance Due $ 124,206.47
Salesperson : X Accepted By : X
Confidential

OJOHN DCERE COASTLINE
Equipment / Selling Equipment
Quote Id: 27840061 Customer: CITY OF AVALON
JOHN DEERE 318G Skid Steer
Hours: Suggested List.Stock Number; $74,525.00
Selling Price
$ 59,424.98
Code Description Oty Unit Extended:
0870P 318G Skid Steer 1 $61,100.00 $ 61.10000
Standard Options - Per Unit - 183E JDLinkTM 1 $ 1,777.00 $ 1,777.00 0202 United States 1 $ 0.00 $ 0.000259 English Operator’s Manual 1 $ 0.00 $ 0.000351 Translated Text Labels 1 $ 0.00 $ 0.000507 EH Joystick Pert, Cab/Heat/AC, Power 1 $ 8,149.00 $8,149.00 OT, SL & RC, 2spd, Att Pet LED lights
1053 Air Suspension Seat (Cloth with Heat) 1 $671.00 $671.00 1363 3-Inch Seat Belt with Shoulder Harness 1 $285.00 $285.00 4072 Engine -Turbocharged (Yanmar 1 $ 0.00 $ 0.00
4TNV86CHT 2.1L meets FT4
Emissions)
5243 10x16.5 10 PR Galaxy “Beefy Baby III” 1 $0.00 $0.00 HD 60” Machine Width
8039 Rust Preventative 1 $ 171.00 $ 171.008052 Keyless Start (Sealed Switch Module) I $ 428.00 $428.00 8055 Radio, AM/FM with Bluetooth I $ 645.00 $645.00
8057 Rear View Camera 1 $912.00 $912.00
Standard Options Total $ 13,038.00
Dealer Attachments
BYT1 0533 Rear Counterweight Kit, Stackable - 1 $ 387.00 $ 387.00 Single SetDealer Attachments Total $ 387.00
Suggested Price $ 74,525.00
Customer Discounts
Customer Discounts Total $ -15,100.02 $ -15,100.02
Total Selling Price $59,424.98
JOHN DEERE BP72C 72” Pick-Up Broom
Confidential

JOHN DEERE COASTLINE
Equipment/ Selling Equipment
Quote Id: 27840061 Customer: CITY OF AVALON
Hours: Suggested List
Stock Number: $ 12,33450
Selling Price
$ 12,334.50
Code Description Qty Unit Extended
0314KV BP72C 72” Pick-Up Broom 1 $ 9,474.00 $ 9,474,00
Dealer Attachments
BYT1 1033 Broom-Mounted Water Tank Kit 1 $ 1,551.25 $ 1,551.25BYT1 1025 Nozzle Kit 1 $618.25 $618.25 Dealer Attachments Total $ 2,169.50
Other Charges
Freight 1 $691.00 $691.00
Other Charges Total $691.00Suggested Price $ 12,334.50
Customer Discounts
Customer Discounts Total $ 0.00 $ 0.00
Total Selling Price
$ 12,334.50
JOHN DEERE MP66B MULTI-PURPOSE BUCKET
Hours: Suggested List
Stock Number: $ 6,026.00
Selling Price
$ 6,026.00
Code Description Qty Unit Extended
QAQOT MP66B MULTI-PURPOSE BUCKET 1 $4,531.00 $4,531.00
Dealer Attachments
BYT10477 Boom Mounted Hose Guide Kit 1 $ 108.00 $ 108.00AT436718 Spill Guard Assembly, MP66B 1 $237.00 $237.00AT436470 66 in. Bolt-On Cutting Edge for MP66B 1 $454.00 $454.00 Dealer Attachments Total $ 799.00
Other Charges
Freight 1 $426.00 $426.00
Setup 1 $ 270.00 $ 270.00Other Charges Total $ 696.00Suggested Price $ 6,026.00 Customer Discounts
Customer Discounts Total $ 0.00 $ 0.00
Total Selling Price $ 6,026.00
Conf/den tial

OJOHN DECRE COASTLINE
Equipment / Selling Equipment
Quote Id: 27840061 Customer: CITY OF AVALON
2021 JOHN DEERE Heavy Duty 45 in. Frame and Set of Forks Equipment Notes: STOCK,PO 4 LB SALESPO # LB SALES Suggested List Hours: 0 S 1,150.67
Stock Number: 99879 Selling Price
$ 1,13067
Code Description Qty Unit Extended
03J1T 2021 JOHN DEERE 45” PALLET 1 $ 1,130.67 $ 1,13067 FRAME CLASS ITA 2
Standard Options - Per Unit
1008 48’ TINE KIT 4000LB 1 $0.00 $0.00
Standard Options Total $ 0.00
Other Charges
Setup 1 $ 50.00 $ 50.00Other Charges Total $ 50.00
Suggested Price $ 1,180.67
Customer Discounts
Customer Discounts Total $ -50.00 $ -50.00
Total Selling Price $1,130.67
JOHN DEERE CPI2D COLD PLANER
Hours: Suggested List
Stock Number: S 17,24100
Selling Price
S 16,23700
Code Description Qty Unit Extended
8211T CP12D COLD PLANER 1 $16,237.00 $ 16.23700
Standard Options -Per Unit
1001 General Purpose 1 $0.00 S 0.00
Standard Options Total $ 0.00
Other Charges
Freight 1 $ 754.00 $754.00
Setup 1 $ 250.00 $ 250.00Other Charges Total $ 1,004.00 Suggested Price $17,241.00
Customer Discounts
Confidential

JOHN DEERE COASTLINE
- Equipment / Selling Equipment
Quote Id: 27840061 Customer: CITY OF AVALON
Customer Discounts Total $ -1,004.00 $ -1,004öN
Total Selling Price $16,237.00
CT (4) 33 X 12 F2AR (H16) TIRES & WHEELS
Equipment Notes: STOCK Suggested ListHours: 0 $ 3,100.00 Stock Number: 101171 Selling Price
$ 3,100.00
Code Description Qty Unit Extended
OT (4)33 X 12 F2AR (H16) TIRES & 1 $3,100.00 $3,100.00
WHEELS
Suggested Price $3,100.00
Customer Discounts
Customer Discounts Total $ 0.00 $ 0.00
Total Selling Price $3,100.00
FURUKAWA FX55
Hours: 0 Suggested List
Stock Number: $ 14,250.00
Selling Price
$ 14,250.00
Code Description Qty Unit Extended
FX55aWB FX55a With Skid Att and 60G Att 1 $ 14,250.00 $ 14,250.00 Suggested Price $ 14,250.00
Customer Discounts
Customer Discounts Total $ 0.00 $ 0.00
Total Selling Price $ 14,250.00
Confidential

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 7, 2023 AGENDA ITEM: (o
ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Devin Hart, Management Analyst
SUBJECT: CalRecycle CRV Redemption Pilot Program
RECOMMENDED ACTION(S): Authorize the City Manager to submit an application and letter of interest to CalRecycle to form a Pilot Project Jurisdiction with SoCal Recycling and the City of Long Beach.

REPORT SUMMARY: In 2017, CalRecycle established The Beverage Container Pilot Program with the aim to increase the convenience of recycling in underserved areas by allowing for greater flexibility in how the redemption process is implemented.

Initially, the program authorized five pilot programs that provided services in 12 California cities.

In 2021, Governor Gavin Newsom expanded the Beverage Container Recycling Pilot Program to approve five additional pilot programs, allocating an additional $10 million to support these and current program efforts.

The program allows cities and/or counties to pool resources and create pilot project jurisdictions allowing for recycling opportunities in regions were none previously existed. The City has been invited to form a pilot project jurisdiction with SoCal Recycling and the City of Long Beach.

The project proposes that representatives from SoCal Recycling establish a pop up recyclingfacility in Avalon one to two times monthly. Utilizing a mobile app, the pop up facility will allow residents to drop off recyclable bottles and cans in bar coded bags. After removal from the Island, the bags will be assessed and electronic payment for CRV redemption will be deposited in resident’s accounts approximately three days after processing.

Submission of the Pilot Project Jurisdiction Application and associated letter of interest is the first steps to establishing the program. Though representatives from CaiRecycle, SoCal Recycling and the City of Long Beach are optimistic about the program’s approval, the approval process is competitive. If approved, the program may be implemented in the next three to fourmonths.

City Staff recommend the City Council authorize the City Manager to submit an application andletter of interest to CalRecycle to form a Pilot Project Jurisdiction with SoCal Recycling and theCity of Long Beach.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will continueto not have a CRV redemption program.

FOLLOW UP ACTION: Implementation of City Council direction.

FISCAL IMPACTS: Undetermined.

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

ATTACHMENTS: Letter of interest.
• Department of Resources Recycling and Recovery
Certification and Registration Branch CalRecycle Application Instructions for Pilot Project Jurisdictions
General Instructions for Jurisdiction Applicants:
• It is preferred that pilot project applications be typed using the provided electronic, fillable PDF form. • Read the following instructions prior to completing your application. • If a field does not apply to you, do not leave it blank. Instead, write “N/A” for not applicable.• Review your application for completeness before submission. Incomplete applications delay the process.• Make sure to submit all required information with your application, including attachments. • If you have questions, please e-mail CalRecycle at: [email protected] Section 1— Name of Applicant Jurisdiction: This is the name of the jurisdiction that is applying.

Jurisdiction Note: If a combination ofjurisdictions are applying to be in one pilot project (multi-party Information jurisdictions), fill out and attach a separate Section 1, 2, and 5 for each jurisdiction.

Authorizing Department or Office: This is the name of the department or office that is applying and has the authority to apply on behalf of the jurisdiction.

Local Government Agency Type: Check the type of government agency that is applying.Business Address: This is the address where you will store your business records. Include the suite/office number, if applicable. This cannot be a PC Box.

Mailing Address: This is the address where CalRecycle will send important notices. Include the suite/office number, if applicable. This address may be a P0 Box. If it is the same as the businessaddress, write “same”.

Business Phone: This phone number should be the general phone number for the jurisdiction. Thismay be a main front desk number.

E-mail: This is the general e-mail address to reach the jurisdiction. It should be an e-mail address thatis checked regularly, as Calkecycle may send important updates about our program to this address on file.

Website: The jurisdiction’s public website.

Taxpayer ID: THIS FIELD CANNOT BE l.EFT BLANK OR YOUR APPLICATION WILL NOT BE ACCEPTED.

This is also known as the Employee Identification Number of the Authorizing Department or Office.

Section 2— Name: The first name, middle name, last name, and suffix (Jr., Sr., Ill, etc.) of the person who will be Contact the primary contact for your jurisdiction. This person will receive U.S. mail, e-mails, and phone calls Information related to the pilot program. This person may or may not be the person authorized to sign the application.

Title: This is the contact person’s job title, such as, “City Manager”.

Direct Phone: This is the best phone number for the contact person during normal business hours.

Include the area code.E-mail: This is the e-mail address for the contact person. Please use an e-mail address that is checked regularly, as CalRecycle may send important updates about our program to this address on file.

Attach a Business Card (Optional): You may attach a business card.

Question 1—Check all that apply.

Section 3 — Note; Contact CalRecycle at RCPilotCalRecycle.ca.gov to obtain convenience zone (CZ) Pilot Project information for yourjurisdiction.Description Question 2—Indicate the planned beginning and ending dates of your pilot project.

Question 3—Include in your application packet a detailed pilot project area map. This map shall show the proposed locations of pilot project recycler(s) and the proposed boundaries of the pilot project area. It shall include convenience zones and other information about the jurisdiction and/or pilot project recycler(s).

Note: Contact Ca/Recycle at [email protected] to request a convenience zone (CZ)map of your jurisdiction with current convenience zones, operational recycling centers, ruralboundaries, city or county boundaries, etc.

Question 4—Read the question, and answer for your jurisdiction.

QuestionS—Include a description of how your pilot project will meet the requirements of Section 14571.9 of the California Beverage Container Recycling and Litter Reduction Act. In this description, include an analysis of the potential impacts on beverage container recycling within your jurisdiction.

This must also include a detailed description of how pilot project recycler(s) will operate within your jurisdiction. You may attach additional pages as necessary.

Section 4— Organization Name: This is the organization name of a proposed pilot project recycler operating Proposed Pilot within your jurisdiction as a part of your pilot project.

Project Taxpayer! Federal Employer ID Number (EIN): This is the taxpayer ID. / Federal Employer Recyclers Identification Number (EIN) of the proposed pilot project recycler.

Organization Contact Person Name: This is the full name of the contact person for the proposed pilot project recycler.

Contact Phone: This is the best number to reach the contact person for the proposed pilot project recycler. Include the area code.

E-mail: This is the e-mail address to reach the contact person for the proposed pilot project recycler.

Business Address: This is the address where the proposed pilot project recycler will store theirbusiness records. Include the Suite/Office number, if applicable. This cannot be a P0 Box.

Methods of Redemption: This is the type(s) of redemption method(s) the proposed pilot projectrecycler will be using. If other, include a brief description that explains how they will redeem emptybeverage containers.

Note: There is space in Section 4 to include information for up to four proposed pilot projectrecyclers. Attach additional pages as necessary.

Section 5— Who Must Sign the Affidavit: Only the authorizing individual of the jurisdiction (a person legally able Declarations to bind the jurisdiction) may sign the affidavit. and Signatures Executed at: The city, county, state, and date where this application was signed.

Signature: Sign the application, preferably in blue ink. This must be an original, “wet-ink” signature.

If using an electronic, fillable PDF form, please print out and sign the form. Neither copies, scans, faxes, or e-mails of the form, nor electronic signatures, will be accepted.

Name: The first name, middle name, last name, and suffix (Jr., Sr., III, etc.) of the person who signed the application.

Title: The title of the person who signed the application, such as, “City “Manager”.

Direct Phone: The phone number, including area code, where this person can be reached during normal business hours.E-mail: An e-mail address for the person who signed the application. 9 CalRecycle
www.ca Irecycle.ca .gov
State of California

DIVISION OF RECYCLING / CERTIFICATION UNIT
801 K Street, MS 15-59, Sacramento, CA 95814
(916) 324-8598
State of California
Gavin Newsom, Governor
Department of Resources Recycling and Recovery
CaiRecycle 917 (Revised 7/2022)
SECTION 1 — JURISDICTION INFORMATION
Name of Apphcant Jurisdiction
City of Avalon
Authorizing Department or Office
City Manager’s Office
Local Government Agency Type (For nluItf-party iunsdiions. Coin ptee and attach a sepa’are Section 7. 2 and 5 for each /unsdict;on)•City •J county J Tribe J Combination of Jurisdictions (“Multi-party” -Cities, Counties, and/or Tribal Governments) Business Address (no P0 Boxes) Suite/Office City county State Zip 410 Avalon Canyon Road Avalon Los Angeles CA 90704
Mailing Address (indicate it same as business) Suite/Office City County State Zip P0 Box 707 Avalon Los Angeles CA 90704
Area Code Business Phone E-mail Website
( 310) 51 0-0220x1 22 dmaistroscityofavalon.com www.cityofavalon.com Taxpayer ID Required for ALL applications
95-6000669
SEcTIoN 2 — CoNTAcT INFoRMATIoN
First Name Middle Name Last Name Suffix
David Michael Maistros
Title
Area Code Direct Phone E-mail
City Manager (310) 51 0-0220x1 22 [email protected] Attach a business card. (Optional) (CalRecycle 917- Revised 7/2022)

DOR USE ONLY
Reg ID Case U
Pilot U
Write N/A for any items that are not applicable
1 SECTION 3 — PILOT PROJECT DESCRIPTION
The proposed pilot project will serve (check all that apply):
a At least three unserved convenience zones
a One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zonesS A rural region

2. What are the planned dates of operation for this proposed pilot project? Beginning: June 1, 2023 Ending: June 1, 2025

3. Provide an official map of the proposed pilot project area. Include the boundaries of the proposed pilot project area and the proposed location(s) of pilot project recycler redemption locations.

Note: Contact Ca/Recycle at RCPiIot(aCaipecycle.ca.gov to request an official map of your area.

4. Wll your jurisdiction maintain pilot project information and data, and upon request by CalRecycle. be able to provide information related to: 1) Costs to the jurisdiction to operate or monitor a pilot project. and 2) Any complaints receivedabout the pilot project? S Yes
DNo

5. Describe how this pilot project will meet the requirements of Section 14571.9 of the California Beverage Container Recycling and Litter Reduction Act. Include an analysis of the potential impacts on beverage container recycling within yourjurisdiction. This should also include a detailed description of how the pilot project recycler(s) will operate the proposed pilot project within your jurisdiction. (Attach additional sheets as necessary.) The proposed recylcing program will meet the requirements of 14571.9 by providing convenient recycling opportunities were none exist. There is currently no way for residents to redeem CRV on the island. This program would greatly impact our jurisdiction’s ability to provide CRV recycling services to our community.

Working in coordination with SoCal Recycling and the City of Long Beach, the City of Avalon will develop a pop up recycling drop off center one to two times monthly. SoCal Recycling will set up the personnel and equipment necessary at the appropriate recycling location. Utilizing a mobile app, residents will drop off recyclables in bar coded bags. The City of Avalon will assist SoCal Recycling in developing an appropriate recycling location,and transporting recyclables to the barge for transport off the Island.

Once on the mainland SoCal Recycling will work the City of Long Beach for the final phase of recycling.
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SECTION 4—PROPOSED PILOT PROJECT RECYcLERs
Attach additional sheets as necessaiy.

Organization Name Taxpayer / Federal ID - BIN
SoCal Recycling 81 -0639281
Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Armond Abramian (323) 662-2904 armondsocaIrecycling.com Business Address (no PC Boxes) Suite City County State Zip 2924 Allesandro St. Los Angeles Los Angeles CA 90039
Method(s) of I Mobile U Stationary I Other (brief description). Bag drop and pop up recycling.Redemption: Service Location Organization Name Taxpayer! Federal ID - BIN
City of Long Beach 95-6000733Organization Contact Person Name (First Last) Area Code Contact Phone E-mail Christie Serrano (562) 570-2876 IbreCyCles(ãlonqbeach.gov Business Address (no PC Boxes) Suite City County State Zip 41 1 W. Ocean Blvd. Long Beach Los Angeles CA 90802
Method(s) of I . I I Other (brief description): Bag drop and pop up recycling.

Redemption: . Moble Stationary Service Location
Organization Name Taxpayer! Federal ID -BIN
Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no P0 Boxes) Suite City County State Zip Method(s) of U Mobile Li Stationary U Other (brief description)Redemption: Service Location Organization Name Taxpayer! Federal ID - EIN
Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no P0 Boxes) Suite City County State Zip Method(s) of U Mobile 3 Stationary U Other (brief description):

Redemption: Service Location
3 SECTION 5. DEcLARATIONS AND SIGNATURES
Who must sign the affidavit: The authorizing individual of the jurisdiction must signS a) agree to administer the pilot program in compliance with the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations contained in Chapter 5 of Division 2 of Title 14 of theCalifornia Code of Regulations. b) I declare under penalty of perjury under the laws of the State of California that all information on this application and supporting documents is true and correct and that I am authorized to sign this application.

Executed at: City County State Date
City of Avalon Los Angeles CA
Signature (Must be an original, wet-ink’, signature)
First Name Middle Name Last Name Suffix
David Michael Maistros
Title
City Manaqer, City of Avalon
Area Code Direct Phone E-mail
( 31 510-0220 ext. 122 dmaisfroscityofavaion.com
INTERNAL CALREcYcLE USE ONLY
Indicate the condition(s) met by this jurisdiction:

U This jurisdiction meets the requisite number of unserved zones.U 75% of convenience zones in this jurisdiction are unserved.

U This jurisdiction is located in a rural region.
4 Before Mailing Your Application, Did You:

L±1’ Include a Taxpayer! Federal Employer ID Number (EIN)? a All applicants MUST have a Taxpayer/Employer ID in Section 1.

Provide an Original “Wet-Ink” Signature?
a Section 5; see Instructions for requirements.

Ld Provide an Original Pilot Project Application Form?
a If using an electronic, fillable PDFforrn, when complete, print out the form, have it signed; and mail the original paper application to CaiRecycle at the address provided on the form.

Note: Copied, scanned, faxed, or e-mailed application forms will not be accepted.

Do Not Forget to Include:

A complete Section 1 and Section 2 for each city, county, or tribal government included in the proposed pilot project.
3’ A complete Section 5, if necessary. (If a different authorizing individual) LA An official, CalRecycle-provided, map of the proposed pilot project area.

U’ The list of proposed pilot project recyclers.

Tribal Government Applications:

Li Any tribe seeking approval of a pilot project application, either as a single-party jurisdiction, or as a part of a multi-party jurisdiction, shall provide written authorization for the Division to:
o Enter tribal lands to verify the content of the pilot project application, and; o Enter tribal lands to verify compliance with the Act and pilot program regulations by conducting audits and unannounced inspections of any location where beverage containers are redeemed, weighed, or inspected. 5 CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM: ORIGINATING DEP: Public Works CITY MANAGER:

PREPARED BY: Robert Greenlaw, Director of Public Works
SUBJECT: Avalon Mode Shift Feasibility Study
RECOMMENDED ACTION(S): Hear a presentation regarding the findings of the Avalon Mode Shift Feasibility Study. Receive and file the report. Provide direction to Staff regardingimplementation of action items outlined in the Avalon Mode Shift Feasibility Study.

REPORT SUMMARY: Avalon City Council accepted a grant on August 4, 2020 from the California Department of Transportation to study strategies that will enable the city to develop amultimodal transportation strategy to reduce reliance on personal motor vehicles, enhance the City’s public transportation services, and guide implementation of recommendations from theCity’s previously completed Active Transportation Plan. The strategies and programs identifiedin this study will focus on making non-vehicle alternatives readily available and convenient for Avalon residents and visitors for a variety of trip types, while also considering the needs of local businesses.Per the terms of the grant, a competitive solicitation for proposal process was conducted. W Trans was the only firm to submit a proposal. On June 6, 2022, the City Council authorized the City Manager to execute an agreement with W-Trans for a not to exceed sum of $160,000.

While conducting Avalon’s Mode Shift Feasibility Study — working cooperatively with City Staffand the City’s on-call engineering team (ES Engineering) — W-Trans consultants conducted research in the field, as well as solicited community, stakeholder and City Council input.

Preliminary findings of the Study were presented to City Council during the December 14, 2022 Special City Council Meeting.

GOAL ALIGNMENT: Transportation planning and sustainability.FISCAL IMPACTS: This a FY22/23 budgeted project under project number 225501, budget code 10255-6685.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Actionable itemsoutlined in the study will not be implemented.

FOLLOW UP ACTION: Implement City Council direction.

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

ATTACHMENTS: Final Mode Shift Feasibility Study Report (Provided under separate cover).

CITY OF AVALON CITY COUNCIL
MEETING DATE: February 21, 2023 AGENDA ITEM: 8
ORIGINATING DEP: City Attorney CITY MANAGER:

PREPARED BY: Scott Campbell, City AttorneySUBJECT: In-Person and Teleconferencing Meeting Options under the Ralph M. Brown Act and Assembly Bills 361 and 2449.

RECOMMENDED ACTION(S): Receive a report regarding the following in-person and teleconference meeting options available to the City Council of the City of Avalon (“City”) pursuant to the Brown Act and Assembly Bills 361 and 2449:

1. Continue to make the requisite findings under Assembly Bill 361 to hold City Council meetings remotely in the absence of a declared statewide emergency in response to theCOVID-19 pandemic. If this option is followed, the City Council would only be able to continue using AS 361 for teleconference meetings if the City Council makes the findings below by majority vote at the March 7 meeting, and going forward continues to meet at least every 30 days to make such findings. The City Council must make the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency and
b. State or local officials continue to impose or recommend measures to promote social distancing, such rules being the Non-Emergency Rules issued byCal/OSHA or rules imposed by the County of Los Angeles.

As explained below, the City Council may rely on the recent non-emergency rules issued by Cal/OSHA to make the second requisite finding

2. If the City Council decides to not make the findings under Assembly Bill 361, City Council meetings going forward will be conducted pursuant to the traditional Brown Act rules unless the exceptions under Assembly Bill 2449 are invoked.

REPORT SUMMARY: The purpose of this staff report is to provide the City Council of the City of Avalon (“City”) with an update regarding the City Council’s teleconferencing options under recent amendments to the Ralph M. Brown Act via Assembly Bills 361 and 2449, and torequest that the City Council provide staff with direction as to how the City Council wishes to proceed with City Council meetings going forward.

I. Teleconferencing under the Traditional Pre-Pandemic Rules 65059.00000\4 1033750.1
Traditionally, the Brown Act has allowed for teleconference or virtual meetings, provided that:
• The agenda must be posted at all teleconferenced locations. • Each teleconference location must be accessible to the public. • At least a quorum of the legislative body members must participate from within the boundaries of the jurisdiction, except as otherwise allowed by the Brown Act. • All votes taken must be by roll call.
• Teleconferenced meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body. • Notice of the meeting must be given, and agendas must be posted as otherwise required by the Brown Act.
• Each teleconferenced location must be identified in the notice and agenda. • Members of the public must be provided an opportunity to address the legislative body directly at each teleconferenced location.

II. Teleconferencing under Assembly Bill 361
The traditional teleconferencing rules under the Brown Act were relaxed in response to the CCVI D-19 pandemic. Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council and most public entities have had virtual meetings without having to post thelocation of the public officials attending virtually, making all locations accessible to the public and requiring a quorum of the body to be within the jurisdiction. In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EQ 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 dispensing with the traditional teleconferencing procedures under the Brown Act if the state of emergency remains active or if local officials have imposed or recommended measures to promote social distancing if the public agency reconsiders the circumstances of the state of emergency and one of two secondary criteria listed below exists:
• State or local officials have imposed or recommended measures to promote social distancing in connection with COVlD-19jp
• The City Council determines that requiring a meeting in person would present an imminent risk to the health or safety of attendees and/or directly impacts the ability of the City Council to meet safely in person.

The City Council has been making the findings under AB 361 since the onset of the COVID-19 pandemic.

II. Teleconferencing under Assembly Bill 2449
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As local agencies saw the effects of the COVID-19 pandemic waning, some local agencies sought the Legislature’s assistance in extending the use of the more flexible teleconferencing provisions. What resulted was AB 2449, discussed below.

AS 2449 provides a new teleconferencing option that can be used when a member of the City Council has to attend a meeting remotely due to an emergency or other reasons supported by “just cause.” Under these new rules, the City Council may hold a hybrid (partial teleconference, partial in-person) meeting without having to comply with the traditional Brown Act teleconference rules under certain circumstances. These circumstances are:
• Just Cause. One or more Councilmembers (but less than a quorum) have notified the City Council at the earliest opportunity of their need to participate remotely for just cause. Just cause is restricted to:

1. childcare or caregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote participation;

2. contagious illness that prevents in-person attendance;

3. physical or mental disability need not otherwise accommodated by the City Council; or

4. travel while on official business of the City or another state or local agency.

The Councilmember must notify the City Council at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the meeting.
• Emergency Circumstance. One or more Councilmembers (but less than a quorum) experience an emergency circumstance, which is defined as a physical or familymedical emergency that prevents in-person attendance, and requests to participate remotely. As part of their request, the Councilmember must provide a general description of the circumstances relating to their need to appear remotely; however, they are not required to disclose a medical diagnosis, disability or other confidential medical information. The City Council must then take action on each Councilmember’s request. The Councilmember must make their request to participate remotely as soon as possible, and must make a separate request for each meeting in which they seek to participate remotely. If the request does not allow sufficient time to be placed on the posted agenda for the meeting for which the request is made, the City Council may takeaction on it at the beginning of the meeting.

There are limitations on the number of times a Councilmember may use AB 2449 to participate remotely. Specifically, a Councilmember may not participate remotely for “just cause” for more than two meetings in a calendar year and, in general, may not use AS 2449 to participate remotely for more than three consecutive months or 20 percent of the regular meetings for the City Council within a calendar year (or more than two meetings if the City Council regularly meets fewer than 10 times per calendar year). This means that staff would need to keep track of which meetings were attended remotely by which members throughout the year. 65059.00000\41033750. I
In addition to the limitation listed above, in order for the City Council to use teleconferencing under AS 2449, the meeting format and agendas must comply with the following:
• A quorum of the City Council must meet in-person at a single, physical location within the City’s boundaries
• The City Council must use either a two-way audio-visual system or a two-way phone service with live webcasting.
• The agenda must identify a call-in or internet-based access option for the public, along with the in-person meeting location.
• If a disruption to the online meeting occurs, the City Council may take no further action on agenda items until public access is restored.
• The public must be able to provide comments in real-time. Public comments may not be required to be submitted in advance.
• All votes must be taken by roll call.

In addition, Councilmembers participating remotely under AB 2449 must comply with the following requirements during the meeting:
• Before any action is taken, the Councilmember(s) must disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the Councjlmember, and the general nature of the Councilmember’s relationship with any such individuals.
• The Councilmember(s) must participate through both audio and visual technology.

Finally, the teleconferencing rules discussed above apply only to situations where one or more Councilmembers are teleconferencing in to a meeting, they do not apply to City staff’s attendance.In-Person and Teleconference Options in Light of the Foregoing In light of the above, the following in-person and teleconference meeting options are available to the City Council pursuant to the Brown Act and Assembly Bills 361 and 2449:

1. Continue to make the requisite findings under Assembly Bill 361 to hold City Council meetings remotely.

Although AS 361 remains a law through January 1, 2024, Governor Newsom has announcedthat the declared statewide COVID-19 State of Emergency will end on February 28, 2023.

Despite the anticipated termination of the statewide emergency, the local emergency declared by the Los Angeles County Board of Supervisors on March 4, 2020 remains in effect, as do any County imposed social distancing requirements.Recently Issued Cal/OSHA Regulations On February 3, 2023, a new set of non-emergency COVID-19 prevention regulations issued byCal/OSHA took effect statewide. The regulations carried over some of the same requirements from the earlier Cal/OSHA COVID-19 Emergency Temporary Standards, and include new 6505900000\4 1033750.1
employer-facing provisions for worker protection measures. Among other things, these updated COVID-19 reduction measures require employers to develop, implement, and maintain effectivepolicies to prevent transmission of COVID-19 by persons who had close contacts (based on being within six feet of a person confirmed to have COVID-19), and require face coverings in specified instances. Thus) if the County ends its state of emergency, these measures can beused to justify continued AB 361 findings if the City Council desires to continue to use AB 361.

2. If the City Council decides to not make the findings under Assembly Bill 361, City Council meetings going forward will be conducted pursuant to the traditional Brown Act rules unless the exceptions under Assembly Bill 2449 are invoked.

Alternatively, the City Council may choose to cease making the requisite findings under AS 361 and either return to fully in person meetings or some Councilmembers could attend remotely pursuant to the traditional Brown Act Rules discussed in Section (I) of this report.

Additionally, there is always the option of individual Councilmembers attending remotely by invoking the reasons for attending remotely set forth in AS 2449 discussed in Section (III) of this report.

FISCAL IMPACTS: None.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City Councildecides to not make the requisite findings under Assembly Bill 361 to continue to meet remotely, the City Council will have to follow the traditional Brown Act rules pertaining to inperson and teleconference City Council meetings that existed prior to the COVID-19 pandemic, or individual Councilmembers could attend remotely pursuant to the requirements of AS 2449.

FOLLOW UP ACTION: That the City Council provide staff with direction as to how the City Council wishes to proceed with City Council meetings going forward.

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

ATTACHMENTS: None.
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