AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 3, 2023— 5:00 PM
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 CER 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON’S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancingrequirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in OralCommunication and address the City Council on an agenda item in person by waiting in the CityHall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-1 9. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments [email protected].
For the public’s convenience, but not participation, 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
FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):
Phone Number: (669)444-9171,Meeting ID: 865 1661 1037
Passcode: 554702
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 Councilconsideration.
CITY COUNCIL AGENDA
OCTOBER 3, 2023
PAGE 2
CALL TO ORDER / PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORTORAL COMMUNICATION Members of the public may address the City Council atthistime. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.
PRESENTATION — None.
CONSENT CALENDAR
1. Minutes
Although the live recording is the official record of public meetings, actions are preparedfor the Council’s approval.
Recommended Action
Approve minutes from the September 5, 2023 regular City Council Meeting and the September 15, 2023 Special City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants from the General Account in the amount of $1736959.25. o Warrant from the Catalina Island Medical Center in the amount of $81,700.00. o Two payrolls totaling $491,151.86.o Four electronic fund transfers totaling $117,780.06.o Other electronic fund transfers totaling $167,855.81 Recommended Action
Approve total expenditures for August 28, 2023 through September 22, 2023 totaling $2,595,446.98.
3. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances. The purpose of the report is to inform, on a quarterly basis, the City’s cash and investment balances, the investment types, yields, and market values, and to ensure that the City’s investments are in compliance with the City’s adopted investment policy.
CITY COUNCIL AGENDA
OCTOBER 3, 2023
PAGE 3
Recommended ActionReconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19’s continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 willprotect the health and safely of attendees.
4. Public Shade Structure Project REP
In November 2021, the Cay Council adopted Resolution 21-28 authorizing the use of Per Capita Program funds, originated from Proposition 68, for a scope of work to includeinstallation of shade sails on Crescent Avenue. On March 15, 2022, City Staff presented the City Council with an alternative plan to improve shading on Crescent Avenue.
Following the City’s informal bid process, Staff recommend issuing a REP.
Recommended Action
Authorize the City Manager or his designee to solicit a request for proposals for qualifiedfirms to construct custom shade structures along Crescent Avenue (Capital Improvement Project Number 206502).
5. Harbormaster Building Roof Replacement
The roof of the Harbormaster Building, located at the end of the Green Pleasure Pier, is approximately 15 years old. High exposure to sea and weather conditions, as well as theunprecedented 2022-23 storm season, has led to additional degradation of the roof of the Harbormaster Building. At this time, there are significant leaks throughout the structure.Recommended Action Authorize the City Manager or his designee to solicit a request for proposals for qualified firms to replace the roof of the Harbormaster Building.
6. Vehicle Usage Policy Update
The Vehicle Usage Policy was originally adopted in 2016. The City’s risk management agency, CIRA, recommends the policy be updated periodically. The purpose of the policy is to ensure that all City departments will administer the Vehicle Usage Policy consistently and that the administrative controls are in place.
Recommended Action
Adopt updates to the Vehicle Usage Policy.
7. OpenGov, Inc. Budget Software Renewal
In August 2018, City Council approved a five-year contract and licensing agreement with OpenGov, Inc. for the acquisition and installation of an online budget preparation module.
The City’s procurement policy requires contracts for services, supplies, and equipment of$25,000 or more to be awarded through competitive procedures.
CITY COUNCIL AGENDA
OCTOBER 3, 2023
PAGE 4
Recommended Action
Approve a one-year extension with OpenGov, Inc. for its budget preparation andtransparency modules for a not-to-exceed amount of $25,735.73.
GENERAL BUSINESS8. Public Trash Collection and Receptacle Maintenance Agreement Extension Aladdin Carpet Cleaning and Janitorial has been providing public trash collection and maintenance services since 2000. This includes collecting and transporting waste and recycling for nearly 200 public receptacles in City parks, along the coastline, and in otherpublic spaces. The awarded contract expires this month with an option to renew the agreement for an additional three years. Due to an oversight, the contractor did not provide the City with a written request to renew as required.Recommended Action Approve extending the public trash collection and maintenance services agreement with Aladdin Carpet Cleaning and Janitorial through March 1, 2024. Authorize City Staff to publish a request for proposal for professional public trash collection and maintenance services.
9. Catalina Kid Ventures Lease Consideration
In 2018 the City entered into an $1,800 monthly lease agreement with Catalina Kid Ventures (CKV) for the property located at 430 Avalon Canyon Road. The property is comprised of 1,800 square feet of interior space and 6,231 square feet of exterior space.
Upon further consideration of the lease agreement, Staff recognize the essential, public service CKV provides to the Avalon community as the only child-care service provider forchildren aged 18 months to 3 years.
Recommended Action
Consider Staff recommendation to modify the lease agreement with Catalina Kid Ventures. Authorize the City Manager to amend the lease with Catalina Kid Ventures.
10. Measure H Update
In 2020 the voters approved Avalon Measure H, a ballot initiative authorizing a special tax for the purpose of financing the infrastructure replacement and debt financing for a new medical facility, infrastructure necessary for the implementation of new programs. and associated administrative and financing costs of the Catalina Island Medical Center.
Section 10-2.610 of the Avalon Municipal Code requires, pursuant to California Government Code Section 50075.3, that the Director of Finance of the City file a report with the Council at least annually stating the amount of funds collected from the special tax and expended, and the status of any project required or authorized to be funded bythe special tax.
Recommended ActionReceive and file the Measure H Annual Report for the fiscal year ended June 30, 2023.
CITY COUNCIL AGENDA
OCTOBER 3, 2023PAGE 5
11. Consideration of Permit for Vehicle Rental — Scott Gorelczenko and Todd Mikles, dba ICON of Avalon
On September 27, 2023 the City received a permit application on behalf of ICON of Avalon. Staff supplemented the application with email confirmation regarding operations.
The applicant requests permitting for 20 commercial rental autoettes.
Recommended Action
Discuss and provide direction to Staff. If consensus for approval is reached, make the affirmative findings that the criteria set forth in Avalon Municipal Code Section 5-11 have been met and direct Staff to issue the appropriate permit.
ADJOURN
NOTICE OF POSTING
I, Devin Hart, declare that the City Council Agenda for Tuesday, October 3, 2023 was posted on Thursday, September 28, 2023 on the City’s website www.cityofavalon.com/aqendacenter, and at City Hall, 410 Avalon Canyon Road.Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM:
ORIGINATING DEP: City Clerk CITY MANAGER: Ljfl4
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the September 5, 2023 RegularCity Council Meeting and the September 15, 2023 Special City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• September 5, 2023 Regular City Council Meeting Minutes. September 15, 2023 Special City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 5, 2023 — 5:00 PM
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
MINUTES
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and theCounty of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON’S CITY COUNCIL 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 orexhibiting symptoms of COVID-19. Additionally, the general public may participate inOral Communication and address the City Council on an agenda items by providingcomments 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 LaRosa. Also present: City Manager David Maistros, City Attorney Scott Campbell andDeputy City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS-None.
PRESENTATION — None.
CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion toapprove made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
1. Minutes
Approved minutes from the August 15, 2023 regular City Council Meeting and the August 23, 2023 Special City Council Meeting.
2. Warrants
Approved warrants from the General Account in the amount of $116,281.22,warrants from the Successor Agency Account in the amount of $2,725.00, two payrolls totaling $521,780.04, six electronic fund transfers totaling $139,265.19 for a total expenditure of $780,051.45 for August 7, 2023 through August 25, 2023.
CITY COUNCIL MINUTES
SEPTEMBER 5, 2023PAGE 23. Credit Card Purchasing Policy Reviewed and amended the City of Avalon Credit Card Purchasing Policy.
4. Authorize purchase of two (2) new Ford E-Transit vans for Dial-A-Ride service. 1) Authorized City Manager, or their designee to procure, per the City’s purchasing policy, two (2) 2022 Ford E-Transit electric passenger vans for a total not-to-exceed $205,000 to be used for the City’s Dial-A-Ride service, and other transportation needs. 2) Amended the budget for the Avalon Transit Fund to include a $205,000 expenditure for Vehicle Replacement Fund (Account 12325- 6781) and $164,000 in offsetting grant revenues (12325-8073) for a net increase of $41,000.
5. Wastewater Treatment Plant Backup Generator Procurement Authorized the City Manager or his designee to procure a new backup generatorfrom Volvo Construction Equipment & Services in accordance with the City’s procurement standards for a not-to-exceed cost of $100,000.
GENERAL BUSINESS
6. Resolutions Adopting an Amendment to the Healthcare Article of the Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295, Management, and Confidential/Unrepresented Labor Associations, and SEIU 721 Avalon Harbor Unit and SEIU 721 Avalon Municipal Employee Unit
Adopted resolutions amending the Healthcare Article of the Memorandums of Understanding between the City of Avalon and the International Association ofFirefighters Local 2295 (Reso. No. 23-30), Management (Reso. No. 23-31), Confidential/Unrepresented Associations (Reso. No. 23-32), and SEIU 721 Avalon Harbor (Reso. No. 23-33) and SEIU 721 Avalon Municipal Employee (Reso. No. 23-34) Unions for the contract period July 1, 2022 through June 30, 2025,
Motion made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
7. Award Above Ground Fuel Tank Foundation and Retaining Wall Contract Made the determination the contract cost is reasonable and adopted ResolutionNo. 23-35 of the City Council of the City of Avalon Awarding a Contract to Jordahl Construction Inc. for the Site Preparation, Grading, Concrete Foundationand Retaining Wall Installation for the Underground Fuel Tank Replacement Project.Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes)
CITY COUNCIL MINUTES
SEPTEMBER 5, 2023PAGE 4
8. Report Regarding Transient Rental License Findings
City Council received and issued the report that will allow the City Council theoption to extend Urgency Ordinance No. U-1212-23 at the September 15, 2023Special City Council meeting.City Council directed staff to proceed with the last stakeholder/communitymeeting and continue to compile additional comments and regulatory options on the future regulation of transient rentals.
Mayor Marshall adjourned the meeting at 6:15 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on September 5, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.Ga rielle Morones, Deputy City Clerk
SPECIAL AVALON CITY COUNCIL MEETING
FRIDAY, SEPTEMBER 15, 2023
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361
MINUTES
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON’S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere tosocial distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in 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-19. Additionally, the general public may participate in Oral Communication andaddress the City Council on an agenda items by providing comments via Zoom or by sending comments to askcityofavalon .com.CALL TO ORDER -10:03 a.m.
ROLL CALL - Present via Teleconference and In-Person: Mayor ProTem Michael Ponce, Councilmembers Lisa Lavelle, Mary Schickling and Yesenia De La Rosa. Also present:City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart. Absent: Mayor Ann Marshall.
WRITTEN COMMUNICATIONS - Staff received one written communication regarding Item #2. Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants from Leslie Warner.CONSENT CALENDAR — There was one item on the Consent Calendar. Motion toapprove Item #1 made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa, Lavelle. Ponce and Schickling; 1 Absent-Marshall).
1. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
Reconsidered the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-iG’s continued impact and determined that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protectionsof Assembly Bill 361 will protect the health and safely of attendees.
CITY COUNCIL MINUTES
SEPTEMBER 15, 2023
PAGE 2
PUBLIC HEARING
2. Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants
Mayor Pro Tern Ponce opened the Public Hearing. Comments were heard. MayorPro Tern closed the Public Hearing. Approved by four4ifths vote Urgency Ordinance No. U-1213-23 of the City of Avalon Extending the Moratoriurn on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants.
Motion to approve made by Lisa Lavelle, seconded by Mary Schickling.(4 Ayes-De La Rosa, Lavelle, Ponce and Schickling, 1 Absent-Marshall).
Mayor Marshall adjourned the rneeting at 10:11 a.m.I, Devin Elise Hart, Management Analyst, do hereby certify that the digital recording of the Special City Council Meeting on September 15, 2023 is the official record of the Council Meeting and is on file and maintained in City Hall. cm--i-t
Dvin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
2 MEETING DATE: October 3, 2023 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER:
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for August 28, 2023 through September 22, 2023 totaling $2,595,446.98.
REPORT SUMMARY: These disbursements through September 22 are comprised of two warrant runs from the General Account totaling $1,736,959.25, warrant from the CIMC Improvement Fund Account totaling $81,700.00, wire transfers totaling $117,780.06, two payrolls totaling $491,151.86, and other electronic fund transfers totaling $167,855.81. The warrant from the CIMC Improvement Fund Account was issued on August 24, 2023 and omitted from the prior warrant report in error. The warrant reimbursed Catalina Island Medical Center for geotechnical engineering services and topographic surveying services related to the development of the new medical center.
ITEM DESCRIPTION AMOUNT DATE
SF US BANK WARRANTS CK# 36635- 36709 $ 746,239.70 09/01/23 SF US BANK WARRANTS CK# 36710 - 36785 990,719.55 09/18/23 CIMC US BANK WARRANTS CK# 250 81,700.00 08/24/23
WIRE TRANSFERS 117,780.06 09/15/23
PAYROLL 255,534.16 09/08/23PAYROLL 235,617.7b 09/22/23
EFT -CALCARD US BANK 15,898.80 08/31/23EFT
-CALPERS RETIREMENT 46,195.86 09/05/23
EFT
-CALPERS MEDICAL 83,039.85 09/05/23
EFT -HARBOR/REC CREDIT CARD AND BANKSERVICE FEES 22,721.30 . 09122/23 TOTAL DISBURSEMENTS $ 2,595,446.98
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY22-23 Budget and FY23-24 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Detail, Wire Transfer Detail
CITY OF AVALON
AUGUST 28, 2023- SEPTEMBER 22, 2023 DISBURSEMENTS
October 3, 2023
ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CKU 36635- 36709 $ 746,23970 09/01/23CF US SANK WARRANTS CK# 36710- 36785 990,71955 09/18/23 CIMC US BANK WARRANTS CK# 250 81,70000 08/24)23
WIRE TRANSF ERS 117,780.06 09/15/23
PAYROLL 255,53416 09/08/23
PAYROLL 235,617.70 09/22/23
EFT - CALCARD US BANK 15,898.80 08/31/23
EFT -CALPERS RETIREMENT 46,195.86 09/05/23EFT -CALPERS MEDICAL 83,039.85 09/05/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 22,721.30 09/22/23 TOTAL DISBURSEMENTS $ 2,595,446.98
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702OF THE GOVERNMENT CODE, I CERTIFYTHAT THE ABO\’E DEMANOS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
APPROVED AND AUDITED THIS
3RD DAY OF OCTOBER 2023 I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ANDCORRECT.
AUDIT COMMITTEE -LISA LAVELLE EXECUTED THIS 3RD DAY OF OCTOBER 2023
AUDIT COMMITTEE -MARY SCIHICKLING FINANCE DIRECTOR-MATTHEW BAKER
CITV OF AVALON
SEPTEMBER 1,2023 WARRANT DISBURSEMENTS
October 3, 2023
AMOUNT NAME
1,2S1.S7 AMAZON CAPITAL SERVICES, INC.
8,687.00 CATALINA ISLAND COMPANY7,348.56 CATALINA ISLAND COMPANY 75,239.53 CATALINA ISLAND MEDICAL CENTER
1,1SS.56 COWGOVERNMEN
- EDISON
121,720.17 EDISON
1,631.55 ICON INTERNATIONAL INC
1,488.24 NAPA AUTO PARTS
4,320.73 POLYDYNE, INC.
100.00 ROSAS, MISTV
808.13 WESTERN PUMP, INC.
10,435.07 MA OIL INC
1322.48 AMAZON CAPITAL SERVICES, INC.
358.42 ARAMARK
184.74 ARIENS SPECIALTY BRANDS LLC
1,340.35 AT & T
1,906.91 AVALON EREIGHT SERVICES, LLC
610.00 AVALON MOORING & DIVING750.00 BALBOA BOAT YARD
328.74 CANBY MARINE & REFRIGERATION CO.658.90 CARUSO FORD400.00 CASTRO, MICHELLE 1,840.60 CATALINA BEVERAGE CO
154.85 CATALINA BROADBAND SOLUTIONS
128,333.33 CATALINA CHAMBER OF COMMERCE
24,083.33 CATALINA COASTAL TOURS & FISHING
1,321.69 CATALINA ISLAND MEDICAL CENTER
801.00 CATALINA ISLANDER
104.00 CHAMBERS, BETTY
3,545.40 COLLINS COLLINS MUIR & STEWARD. LLP
3,620.95 DAPEER, ROSENBLIT & LITVAK,LLP
1,350.00 REYES, DAVID
6,870.75 DELTA DENTAL
839.80 DEPARTMENT OF AUDITOR CONTROLLER
3200 DEPARTMENT OF JUSTICE
1,266.36 DION & SONS MARINE FUELS INC
100.00 DORSEY. ADAM
29,927.97 EDISON
1,404.63 GALLS, LLC
3,660.08 GEO-LOGICASSOCIAES, LLC.
2,241.89 GRAINGER
100.00 HARRINGTON. NICLA
39313.40 JORDAHL CONSTRUCTION
361.53 LINDE GAS & EQUIPMENT INC.
22.85 LOSANGELESCOUNTYTAXCOLLECTOR
4,162,69 MARINE DIESEL SERVICES, INC.
209.13 MAUHEWS INTERNATIONAL CORPORATION
8.43 MCMASTER’CARR
892.02 NAPA AUTO PAWS
219.28 SAN DIEGO COFFEE, TEA & SPICE, INC.500.00 NICK MORROW PHOTOGRAPHY200.00 NICOLE A. SARRADET 88,778.11 PERC WATER
13,115.77 POLYDYNE, INC.
1,438.71 QUADIENT1,875.73 QUILL CORP
DESCRIPTION
SUPPLIES -ALL DEPARTMENTS
RENT- 02/2023PARCELS- FY 23
SALES TAX PASS THRUSUPPLIES - IT
MULTI STUB CHECKUTILITIES -ALL DEPARTMENTS
SUPPLIES- HARBORSUPPLIES -ALL DEPARTMENTS
SUPPLIES -WASTE WATER TREATMENT PLANT
SERVICE - RECREATIONSOFTWARE LEASE - IT
FUEL-ALL DEPARTMENTS
SUPPLIES -ALL DEPARTMENTS
UNIFORMS -DELGADO
UNIFORMS’ PUBLIC WORKS
COMMUNICATIONS - ALL DEPARTMENTS
FREIGHT -ALL DEPARTMENTSSERVICE -HARBORSUPPLIES - HARBOR
SERVICE -HARBOR
SUPPLIES -GARAGE
SERVICE - RECREATIONSUPPLIES -ALL DEPARTMENTS
SERVICE - PUBLIC WORKSTRANSIT OCCUPANCY TAX -09/2023CONTRACT SERVICES - 09/23
EMPLOYEE SCREENING
ADVERTISING - ALL DEPARTMENTS
REFUNDLITIGATION COSTS
SERVICES-VEHICLES
SERVICE -RECREATIONDENTAL -09/2023
LAECO DUES FY24SERVICES FINANCE
FUEL- HARBOR
SERVICE -RECREATION
UTILITIESALL DEPARTMENTSUNIFORMS - FIREPBL EXPANSION CIP
SUPPLIES -ALL DEPARMENTSSERVICE - RECREATION
HHW DISPOSAL
SUPPLIES HARBORFEES’ HARBORSUPPLIES -HARBORSUPPLESCEMETERY SUPPLES’HARBORSUPPLIES GARAGE
SUPPLIES’ FIRE
SERVICE’ RECREATIONSERVICE - RECREATIONCONTRACT SVCS - 07/23SUPPLIES-WASTE WATER TREATMENT PLANTPOSTAGE REFILL
SUPPUES -ALL DEPARTMENTS
CHECK
NUMBER
36635
36636366363663736638
36639
36640
3664136642366433664a35645
3664636647
36648
3664936650
36651366523665336654
366553665636657
3665836659366603666136662
36663
36664
366653666636667
3666836669366703667136672
36673366743 657 S3667636677
36578365793668036581
3668235683
36684
3668536686366873668836689
36690
DATE
ISSUED
O9/O1/2D23
09/01/2023
09/01/702309/01/202 309,/0 1/202 3
08/30/202 309/01/2023
09/01)202309/01/202309/01)2023D9/O1/202309/01/2023
09/01/202309/0 1/20 2309/0 1/202 3
09/01/202309/01/2023
09/01/202309/01)202309/01/202 309/01/202309/01/2023
09/01/202309/0 1/202 309/0 1/202 3
09/0 1/202 309/01/202309/01/202309/01/2023
09/01/202309/01/202309/01/202309/0 1/202 309/01/2023
09/0 1/202 309/0 1/20 2 3
09/01/2023
09/01/202309/01/2 02 309/01/2 02 309/01/2023
09/01/202 309/01/202309/01)2023
09/01/202 309/01/202309/01/ 202 309/01/2023
09/01/202309/01/2023
09/0 1/2 02 3
09/0 1/2 02 309/0 1/202 309/01/202309)0 1/202 309/0 1/202 3 09)0 1/202 3
CITY OF AVALON
SEPTEMBER 1, 2023 WARRANT DISBURSEMENTS
October 3, 2023
RAMMING, JUSTUSRICOH USA, INC.
RODRIGUEZ, ADRIANA
SCHMIDT, KEVINSEAL MA STESTANDARD INSURANCE COMPANYSTEAM CLEANERS, INC.
BEAR & ASSOCIATES
SUNBELT RENTALS
PARKING CONCEPTS, INC.
CORPORATE PAYMENT SYSTEMSCORPORATE PAYMENT SYSTEMSCORPORATE PAYMENT SYSTEMS
VEGA, EDMUNDO
MARSHALL, ANN
WESTRIDGE ENVIRONMENTAL GROUPWITMER PUBLIC SAFETY GROUP, INC.XEROX CORPORATION
AVALON MOORING & DIVING
SERVICE -CAL RECYCLE
COPIER LEASE ‘PLANNINGREFUND -RECREATION FEESREIMB 0/P COSTS
SUPPLIES -STREETS
LIFE INSURANCE’ 09/2023PRESSURE WASHER -PUBLIC WORKS
SERVICE -HARBORSUPPLIES’ WASTE WATER TREATMENT PLANTCONTRACT SERVICES’ 07/23VOID’ MULTI STUB CHECKVOID -MULTI STUB CHECKSEE ATTACHED DETAIL CONTRACT SERVICES -08/23REIMB 0/P COSTSSUPPLIES -WASTE WATER TREATMENT PLANTSUPPLIES ‘FIRECOPIER LEASE’ ADMINISTRATIONSERVICE -HARBOR S 746,239.70
ISSUED AMOUNT NAME DESCRIPTION
CHECK DATE
NUMBER
36691 D9/D1/2023 2,2SD.DD36692 09/01/2023 423.4836693 09/01/2023 20U.DD36694 09/01/2023 214.00 36695 09/01/2023 2,339.3436696 09/D1/2O23 1,205,8936697 09/01/2023 1,257,8936698 09/01/2023 1,98S.OD36699 09/01/2023 6,14S.2S36700 09/01/2023 77,6S3.9D 36701 09/01/202336702 09/01/2023 - 36703 09/01/2023 16,827.9036704 09/01/2023 15,208.33 36705 09/01/2023 173.8036706 09/01/2023 5,791.8536707 09/01/2023 282.3936708 09/01/2023 822.8636709 09/01/2023 2,314.89
CITY OF AVALON
SEPTEMBER 15, 2023 WARRANT DISBURSEMENTS
October 3, 2023
AMOUNT NAME
JONES, PETER
CATALINA ISLAND COMPANY
AIR SOURCE INDUSTRIESALBERTSON COMPANIESAMAZON CAPITAL SERVICES, INCANDAZ SAN DIEGOARAM ARK
AT & TCR&R INCORPORATEDAVALON FREIGHT SERVICES, LLCHICKMAN, JESSICA
AVALON MOORING & DIVING
BEYOND SOFTWARE SOLUTIONSBOYD. RAYBRAVO, VERONICACAL TIPCANBY, CLAUDIA
CARUSO FORDCATALINA BEVERAGE COCATALINA BROADBAND SOLUTIONSCATALINA EXPRESSLONG, DAVID
CATALINA ISLAND COMPANYCATALINA ISLAND JANITORIALCATALINA ISLAND MEDICAL CENTER CATALINA ISLANDERCO. OF LOS ANGELES SHERIFF’S DEPT.COUNTY OF LOS ANGELES FIRE DEPT
CRANE TRAINING ACADEMY
DEWEY PEST CONTROLDION & SONS MARINE FUELS INC
EDISON
ESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGESG ENGINEERINGESG ENGINEERING
ESG ENGINEERINGESG ENGINEERINGFUN EXPRESS, LLC
GALLS, LLCCEO-LOGIC ASSOCIATES, LLC.
GONZALES, ALIANAGRAINGER
HAAKERHART, DAVIDHOME DEPOT CREDIT SERVICESLUPO, KARLA
ISLAND FIRE EXTINGUISHERS, INC.
JILK HEAVY CONSTRUCTION, INC.JORDAHL CONSTRUCTION
PROGRESS PAYMENT 4
RENT -03/2023, 06/2023
SERVICE - FIRE
SUPPLIES -RECREATIONSUPPLIES -ALL DEPARTMENTS
LODGING - PW
UNIFORMS’ PW
COMMUNICATIONS -ALL DEPARTMENTS
CONTRACT SERVICES -08/2023FREIGHT - ALL DEPARTMENTS
SERVICE -RECREATIONSERVICE -HARBORCONTRACT SERVICES’IT
REIMB 0/P COSTSREFUND
INSURANCE POLICY
SUPPLIES’ PWSUPPLIES’GARAGE
SUPPLIES - ALL DEPARTMENTSINTERNET’ ALL DEPARTMENTSSUBSIDY - 08/2023
CONTRACT SERVICES-COORENT’09/2023
SERVICE - ADMIN
EMPLOYEE SCREENING
ADVERTISING ‘ALL DEPARTMENTSCONTRACT SERVICES’07/2023QUARTERLY PAYMENT’PARAMEDICS
TRAINING - PW
SERVICE’ ADMINFUEL’ HARBOR
UTILITIES ‘ALL DEPARTMENTS
CONTRACT SERVICES -07/2023CONTRACTSERVICES -01/2023
CONTRACT SERVICES ‘01/2023CONTRACT SERVICES - 07/2023
CONTRACT SERVICES ‘07/2023
CONTRACT SERVICES07/2023CONTRACT SERVICES - 07/2023
CONTRACT SERVICES -07/2023CONTRACT SERVICES -07/2023CONTRACT SERVICES - 07/2023CONTRACT SERVICES - 07/2023CONTRACT SERVICES -07/2023 CONTRACT SERVICES -07/2023CONTRACT SERVICES - 07/2023CON’RACT SERVICES -07/2023SUPPLIES -RECREATION
UNIFORNIS -FIRE
CONTRACT SERVICES -PBL EXPANSION
REIMB 0/P COSTS
SUPPLIES -PW
SUPPLIES - GARAGEVEHICLE - PWSUPPLIES - PWSERVICE -RECREATIONSERVICE ‘ FIRE
SERVICE -HARBORSUPPLIES- PW
DESCRIPTION
CHECK DATE
NUMBER ISSUED
36710 09/08/2023 17,4S348
36711 09/15/2023 2,464.0036712 09/15/2023 85.7036713 09/15/2023 215.3235714 09/15/2023 1,763.0336715 09/15/2023 1,41762 36716 09/15/2023 1869136717 09/15/2023 1,378.32
36718 09/15/2023 151,612.4836719 09/15/2023 212.6736720 09/15/2023 1,392.0036721 09/15/2023 2,311.9536722 09/15/2023 5,373.00 36723 09/15/2023 643836724 09/15/2023 810036725 09/15/2023 2000036726 09/15/2023 291.S036727 09/15/2023 784.83 36728 09/15/2023 2,527.9536729 09/JS/2023 6,039.7036730 09/15/2023 4D,285.1036731 09/15/2023 8,100.0036732 09/15/2023 8,69000 36733 09/15/2023 225.0036734 09/15/2023 431.73
36735 09/15/2023 81.0036736 09/15/2023 150,668.2736737 09/15/2023 241,782.5036738 09/15/2023 6,210.00 36739 09/15/2023 2760036740 09/15/2023 1,214.3236741 09/15/2023 68,0283436742 09/15/2023 4,698.1436743 09/15/2023 36000 36744 09/15/2023 4,6366336145 09/15/2023 7,4922536746 09/15/2023 3,220.0036747 09/15/2023 1,677.1336748 09/15/2023 1,800.00 3679 09/15/2023 2,824.7836750 09/15/2023 1800036751 09/1S/2023 2,040.0036752 09/15/2023 1,240.0036753 09/15/2023 900.00 36754 09/15/2023 17,117.0036755 09/15/2023 7,005.6336756 09/15/2023 180.0036757 09/15/2023 6828636758 09/15/2023 2,28237 36759 09/15/2023 6,7648536)60 09/15/2023 42.2136761 09/15/2023 151.92 36762 09/15/2023 171.70
36763 09/15/2023 6,S00.00
36764 09/15/2023 4,038,34
36765 09/15/2023 1,315.0036766 09/15/2023 170.53
36767 09/15/2023 26,425.75
36768 09/15/2023 1,636.80
CITY OF AVALON
SEPTEMBER 15, 2023 WARRANT DISBURSEMENTS
October 3, 2023
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
36769 09/15/2023 100.00 CLARK, KARIN SERVICE - RECREATION36770 09/15/2023 6200.00 KOFF & ASSOCIATES, INC. CONTRACT SERVICES- ADMI\:35771 09/15/2023 1,222.72 MCMASTER-CARR SUPPLIES - HARBOR 36772 09/15/2023 344.10 MM INTERNET, INC. SERVICE - IT35773 09/15/2023 897.00 NATIONAL LEAGUE OF CITIES MEMBERSHIP DUES -ADMIN 36774 09/T5/2023 200.00 NETMOORING SERVICE -HARBOR36775 09/15/2023 7,260.00 POLYDYNE, INC. SUPPLIES - WWTP36776 09/15/2023 418.87 QUILL CORP SUPPLIES - ALL DEPARTMENTS 36777 09/15/2023 21.60 RICOH USA, INC. COPIER LEASE - PLANNING 36778 09/15/2023 18,800.00 SAGECREST PLANNING & ENVIRONMENTAL CONTRACT SERVICES -07/2023, 08/2023 36779 09/15/2023 9,351.91 SIRIA’S CLEANING SERVICE 1ST HALF 09/202336783 09/15/2023 3,909.81 SUPERION. LLC SOFTWARE LEASE - FINANCE 36781 09/15/2023 5,000.00 TOWNSENO PUBLIC AEFAIRS, INC CONTRACT SERVICES - AOMIN36782 09/15/2023 10,891.28 CORPORATE PAYMENT SYSTEMS CREDIT CHARGES - ALL DEPARTMENTS36783 09/15/2023 95,375.00 SABA HOLDING CD, I.I.C SUPPLIES- WWTP36784 09/15/2023 788.27 WEST MARINE PRO SUPPLIES -HARBOR35785 09/15/2023 1,925.00 WITFMAN ENTERPRISES, LLC SERVICE-FINANCE S 990,719.55
CITY OF AVALON
AUGUST 24, 2023 WARRANT DISBURSEMENTS
October 3, 2023
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
250 8/24/2023 $ 81700.00 CATALINA ISLAND MEDICAL CENTER MEASURE H REIMBURSEMENT U?
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 31, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTHART 6/21/2023 7.69 VONS MAINTENANCE SUPPUES RECREATIONHART 6/21/2023 84.00 CATALINA EXPRESS INSTRUCTOR TRAVEL RECREATION HART 6/21/2023 375.00 SWANK MOTION PICTURES MOVIES ON THE BEACH RECREATIONHART 6/22/2023 31.89 CHETS HARDWARE MAINTENANCE SUPPLIES RECREATION HART 6/22/2023 1099 CHEfS HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 6/22/2023 8.46 VONS PRIME TIMERS EVENT RECREATIONHART 6/23/2023 13,11 CHErS HARDWARE MAINTENANCE SUPPLIES RECREATION HART 6/23/2023 51.16 VONS DAY CAMP SUPPLIES RECREATIONHART 6/26/2023 51.00 CHETS HARDWARE PARK MAINTENANCE SUPPLIES RECREATIONHART 6/26/2023 389.60 EL GALLEON MEETING SUPPLIES RECREATION HART 6/29/2023 37.66 VONS DAY CAMP SUPPLIES RECREATIONHART 6/29/2023 375.00 SWANK MOTION PICTURES MOVIES ON THE BEACH RECREATIONHART 6/30/2023 725.80 AMAZON.COM 4TH OF JULY SUPPLIES RECREATION HART 7/3/2023 9.01 CHETS HARDWARE OFFICE SUPPLIES RECREATIONHART 7/3/2023 10.99 CHETS HARDWARE OFFICE SUPPLIES RECREATION HART 7/3/2023 24.76 VONS DAY CAMP SUPPLIES RECREATIONHART 7/3/2023 36.79 VONS 4TH OF JULY SUPPLIES RECREATIONHART 7/3/2023 59.45 AMAZON.COM FISHING DERBY SUPPLIES RECREATION HART 7/3/2023 8.61 AMAZON.COM FISHING DERBY SUPPLIES RECREATIONHART 7/3/2023 139.98 OTC BRANDS FISHING DERBY SUPPLIES RECREATIONHART 7/6/2023 19.77 VONS 4TH OF JULY SUPPLIES RECREATION HART 7/6/2023 S.27 CATALINA COFFEE & COOKIE CO. MEETING SUPPLIES RECREATION HART 7/10/2023 168.00 CATALINA EXPRESS INSTRUCTOR TRAVEL RECREATIONHART 7/12/2023 18.24 VONS DAY CAMP SUPPLIES RECREATION GILBERT 6/23/2023 26.46 CHETS HARDWARE MAINTENANCE SUPPLIES BUILDING OFFICIALGILBERT 6/26/2023 27.03 CHETS HARDWARE MAINTENANCE SUPPLIES BUILDING OFFICIAL GILBERT 7/3/2023 2189 AVALON GAS STATION FUEL BUILDING OFFICIALGILBERT 7/3/2023 1649 AMAZON PRIME MEMBERSHIP FEE BUILDING OFFICIALGILBERT 7/10/2023 71.21 CHETS HARDWARE MAINTENANCE SUPPLIES BUILDING OFFICIAL GILBERT 7/13/2023 7.69 CHEIS HARDWARE MAINTENANCE SUPPLIES BUILDING OFFICIALALEGRIA 6/26/2023 193.80 HILTON SAN GABRIEL, CA LODGING FIREALEGRIA 6/26/2023 6.15 STARBUCKS TRAVEL FIRE ALEGRIA 6/27/2023 39S.SS WWW.ARCANTENNA.COM COMMUNICATIONS FIREALEGRIA 7/3/2023 323.20 WWW.VONZIPPER.COM CODE ENFORCEMENT UNIFORMS FIREALEGRIA 7/3/2023 260.00 WWW.IAFC.ORG ANNUAL MEMBERSHIP FIREALEGRIA 7/3/2023 154.00 DECKERS FOOTWEAR CODE ENFORCEMENT UNIFORMS FIRE ALEGRIA 7/6/2023 112.63 VONS 4TH OF JULY SUPPLIES FIREALEGRIA 7/6/2023 49.52 VONS 4TH OF JULY SUPPLIES FIREALEGRIA 7/10/2023 77.27 VONS MEETING SUPPLIES FIRE ALEGRIA 7/17/2023 (154.00) DECKERS FOOTWEAR CREDIT FIRE HMIELAI< 6/16/2023 118.11 CHErS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HMIELAI( 6/19/2023 87.24 MANUFACTURER EXPRESS FLOAT MAINTENANCE SUPPLIES PUBLIC WORKSHMIELAK 6/26/2023 32.99 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKSHMIELAK 7/4/2023 281.48 DISPLAYS 2 GO TRASH CAN DISPLAYS PUBLIC WORKS HMIELAK 7/7/2023 1SSO.OO AMERICAN FUEL TANKS PATROL BOAT FUEL TANK PUBLIC WORKS HMIELAK 7/10/2023 25.94 CHETS HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS BAKER 6/19/2023 84.00 CATALINA EXPRESS INSTRUCTOR TRAVEL FINANCEBAKER 7/13/2023 750.00 SWANK MOTION PICTURES MOVIES ON THE BEACH FINANCEBAKER 7/14/2023 17.23 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES FINANCE BAKER 7/17/2023 76.76 VONS DAY CAMP SUPPLIES FINANCEBAKER 7/17/2023 10.38 VONS DAY CAMP SUPPLIES FINANCEBAKER 7/17/2023 168.00 CATALINA EXPRESS INSTRUCTOR TRAVEL FINANCE BAKER 7/17/2023 208.00 CATALINA EXPRESS INSTRUCTOR TRAVEL FINANCEHART 6/19/2023 422.40 CITRIX SYSTEMS IT SUBSCRIPTION ADMINISTRATION HART 6/22/2023 567.00 DIGICERT IT SUBSCRIPTION ADMINISTRATIONMAISTROS 7/7/2023 S2.16 THE SAND TRAP 4TH OF JULY SUPPLIES ADMINISTRATIONMAISTROS 7/7/2023 233.88 THE LOBSTER TRAP MEETING SUPPLIES ADMINISTRATIONMAISTROS 7/11/2023 82.96 CYBERLYNK NETWORK IT SUBSCRIPTION ADMINISTRATION LONG 6/26/2023 35.94 UPS FREIGHT FIRELONG 6/26/2023 64.27 UPS FREIGHT FIRE PaRe 1 of 2
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 31, 2023
EBAY
SEN DHU BCHEVS HARDWARE
DESCRIPTION
TRAVEL
TRAVEL
FEMA MEETING
COMMUNICATIONS
DAY CAMP SUPPLIESBREAKROOM SUPPLIESBREAKROOM SUPPLIES
BREAKROOM SUPPLIESE’SIGNAUTURE SUBSCRIPTIONRECYCLING POSTERS 4TH OF JULY SUPPLiES
FIREWORKS PERMITFIREWORKS PERMIT
USC BAND LUNCHUSC BAND LUNCHCREDIT
USC BAND LUNCH
OFFICE SUPPLIES
E-SIGNAUTURE SUBSCRIPTION
HARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIES
GARAGE SUPPLIES
HARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIES
HARBOR MAINTENANCE SUPPLIESLAW ENFORCEMENT LIGHTS
CA BOATER CARD APPLICATIONCA BOATER CARD APPLICATION
CA BOATER CARD APPLICATION
HARBOR MAINTENANCE SUPPLIES
WEATHER SUBSCRIPTION
BOAT MAINTENANCE SUPPUESOFFICE SUPPLIES
PAYMENT SERVICE
BOAT MAINTENANCE SUPPLIES
COMMUNICATIONS
COMMUNICATIONS
BOAT MAINTENANCE SUPPLIES
DEPARTMENTFINANCE
FINANCE
FINANCEHUMAN RESOURCESHUMAN RESOURCESHUMAN RESOURCESHUMAN RESOURCES
HUMAN RESOURCES
ADMINISTRATIONADMINISTRATION
ADMINISTRATIONADMINISTRATiONADMINISTRATIONADMINISTRATIONADMIN ISTRAT ION
ADMINISTRATIONADMINISTRATIONADMINISTRATIONADMINISTRATION
HARBOR MAINTENANCE
HARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCE
HARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCE
HARBOR MAINTENANCE
HARBOR
HARBORHARBORHARBORHARBORHARBOR
HARBOR
HARBORHARBOR
HARBORHARBORHARBORHARBOR
$ 15,898.80 ACH 08/31/23
LAST NAME POST DATE AMT USD VENDOR
GONZALES 7/6/2023 17.97 NORTHGATE MARKETGONZALES 7/7/2023 84.D0 CATALINA EXPRESSGONZALES 7/14/2023 47.63 CAFÉ METROPOLECAMPBELL 6/19/2023 52.00 SENDHUBCAMPBELL 7/12/2023 131.85 AMAZON.COM CAMPBELL 7/14/2023 26.95 AMAZON.COMCAMPBELL 7/17/2023 17.63 AMAZON.COM CAMPBELL 7/17/2023 55.35 AMAZON.COM
FRANCIS 6/16/2023 T4.99 ADOBE LICENSE
FRANCIS 6/20/2023 163.02 AVALON PASS
FRANCIS 7/3/2023 357.57 CHErS HARDWARE
FRANCIS 7/3/2023 3,274.00 STATE WATER BOARDSFRANCIS 7/5/2023 86.76 OPCSTATE ONLINE FEEFRANCIS 7/5/2023 515.47 VONSFRANCIS 7/5/2023 25.66 VONS FRANCIS 7/10/2023 (65.98) VISTAPRINTFRANCIS 7/10/2023 9.19 VONSFRANCIS 7/10/2023 65.98 VISTAPRINTFRANCIS 7/17/2023 14.99 ADOBE LICENSE HERNANDEZ 6/23/2023 24.02 PEBBLY BEACH BUILDING SUPPLYHERNANDEZ 6/26/2023 63.94 CHETS HARDWARE HERNANDEZ 6/26/2023 18.67 CHETS HARDWAREHERNANDEZ 6/28/2023 50.12 PEBBLY BEACH BUILDING SUPPLYHERNANDE2 7/5/2023 102.27 CHErS HARDWAREHFRNANDEZ 7/5/2023 21.99 CHEFS HARDWARE HERNANDEZ 7/10/2023 36,47 CHETS HARDWAREHERNANDEZ 7/10/2023 15.38 CHEVS HARDWAREHERNANDEZ 7/12/2023 74.76 CHETS HARDWARE HERNANDEZ 7/14/2023 16.04 CHETS HARDWARE
CARSTARPHEN 6/16/2023 702.49 WWW.911VEHICLE.COM
CARSTARPHEN 6/21/2023 10.00 BOATING & WATERWAYSCARSTARPHEN 6/21/2023 10,00 BOATING & WATERWAYSCARSTARPHEN 6/21/2023 10.00 BOATING & WATERWAYSCARSTARPHEN 6/28/2023 50.85 CHErS HARDWARECARSTARPHEN 6/29/2023 3.99 WEATHERFLOW CARSTARPHEN 7/3/2023 76.05 NAPA AUTO PARTS
CARSTARPHEN 7/5/2023 14.62 CHETS HARDWARECARSTARPHEN 7/7/2023 500.00 DATATELCOMMUNICATIONSCARSTARPHEN 7/10/2023 21.63 CHETS HARDWARECARSTARPHEN 7/10/2023 398.75 CARSTARPHEN 7/11/2023 19.00CARSTARPHEN 7/10/2023 36.21
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 1, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT ALEGRIA 7/20/2023 867.14 PARKWAY LAWNMOWER SHOP MAINTENANCE SUPPLIES FIREALEGRIA 7/21/2023 13.51 BLUE BURRO MEALS - TRAINING AND TRAVEL FIREALEGRIA 7/24/2023 10.00 STARBUCKS MEALS - TRAINING AND TRAVEL FIREALEGRIA 7/26/2023 2,749.99 COSTCO EQUIPMENT FIREALEGRIA 7/28/2023 241.98 WEST MARINE SAFETY SUPPLIES FIRE ALEGRIA 8/1/2023 1,231.12 LOS ANGELES AREA FIRE TRAINING FIREALEGRIA 8/2/2023 154.00 DECKERS UNIFORMS -CODE ENFORCEMENT FIREALEGRIA 8/3/2023 211.90 FIRE SAFETY USA INC SAFETY SUPPLIES FIREALEGRIA 8/7/2023 61.37 DOLLAR TREE RECREATION SUPPLIES RECREATIONALEGRIA 8/7/2023 78.35 BLUEWATER GRILL MEALS FIRE CAMPBELL 7/18/2023 389.34 AMAZON RECREATION SUPPLIES RECREATIONCAMPBELL 7/24/2023 397,20 YETI RECREATION SUPPUES RECREATION CAMPBELL 7/25/2023 348.80 YETI RECREATION SUPPLIES RECREATIONCAMPBELL 8/9/2023 42.87 AMAZON RECREATION SUPPLIES RECREATIONCARSTARPHEN 7/19/2023 239.57 CHET’S HARDWARE HARBOR MAINTENANCE SUPPLIES HARBORCARSTARPHEN 7/24/2023 660.00 HARRY’S MARINE SERVICE VEHICLE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 7/24/2023 541.58 HARRY’S MARINE SERVICE VEHICLE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 7/31/2023 3.99 WEATHERFLOW MEMBERSHIP DUES HARBORCARSTARPHEN 8/4/2023 784.80 DATATELCOMMUNICATIONS PAYMENTSERVICE HARBORCARSTARPHEN 8/11/2023 19.00 SENDHUB SMS BOAT MAINTENANCE SUPPLIES HARBOR FRANCIS 7/24/2023 900.S7 NNA SERVICES LLC TRAINING ADMINISTRATIONFRANCIS 7/28/2023 4.38 GENGO, INC. TRANSLATION SERVICES ADMINISTRATION FRANCIS 8/4/2023 41.50 CATALINA EXPRESS TRAINING AND TRAVEL ADMINISTRATIONFRANCIS 8/7/2023 42.50 CATALINA EXPRESS TRAINING AND TRAVEL ADMINISTRATION GILBERT 7/19/2023 40.18 CHET’S HARDWARE MAINTENANCE SUPPLIES PLANNINGGILBERT 7/20/2023 37.14 CHET’S HARDWARE MAINTENANCE SUPPLIES PLANNINGGILBERT 7/26/2023 7.26 CHET’S HARDWARE MAINTENANCE SUPPLIES PLANNINGGILBERT 7/31/2023 (16.49) AMAZON MAINTENANCE SUPPLIES PLANNINGGILBERT 8/2/2023 175.00 NATIONAL FIRE PROTECTION ASSOC. TRAINING PLANNINGGILBERT 8/10/2023 67.07 CHET’S HARDWARE MAINTENANCE SUPPLIES PLANNINGGILBERT 8/10/2023 25.29 CHET’S HARDWARE HARBOR MAINTENANCE SUPPLIES PLANNINGGILBERT 8/14/2023 103.49 NATIONAL FIRE PROTECTION ASSOC. MEMBERSHIP DUES PLANNINGGONZALES 7/20/2023 17.77 AMAZON FINANCE SUPPLIES FINANCEGONZALES 7/21/2023 20.90 CAFÉ METROPOLE MEALS ADMINISTRATIONGONZALES 7/21/2023 82.62 AMAZON FINANCE SUPPLIES ADMINISTRATIONGONZALES 7/24/2023 9.89 AMAZON FINANCE SUPPLIES ADMINISTRATIONGONZALES 8/3/2023 14.29 MA ‘N PA GROCERY TRAINING AND TRAVEL ADMINISTRATIONGONZALES 8/4/2023 84.00 CATALINA EXPRESS TRAINING AND TRAVEL ADMINISTRATIONGONZALES 8/4/2023 8.00 ABM GARAGE TRAINING AND TRAVEL ADMINISTRATIONGONZALES 8/9/2023 650.00 CAL ACT TRAINING AND TRAVEL ADMINISTRATION HART 7/20/2023 8.46 VONS RECREATION SUPPLIES RECREATION HART 7/21/2023 37.38 CHET’S HARDWARE MAINTENANCE SUPPLIES RECREATION HART 7/21/2023 31.65 CHETS HARDWARE MAINTENANCE SUPPLIES RECREATIONHART 7/21/2023 84.00 CATALINA EXPRESS TRAINING AND TRAVEL RECREATIONHART 7/21/2023 168.00 CATALINA EXPRESS TRAINING AND TRAVEL RECREATIONHART 7/2S/2023 15.00 STERLING VOLUNTEERS BACKGROUND CHECK RECREATIONHART 7/26/2023 375.00 SWANK MOVIES ON THE BEACH RECREATIONHART 7/28/2023 139.98 OTC BRANDS INC BEACH BINGO SUPPLIES RECREATIONHART 8/2/2023 375.00 SWANK MOTION PICTURES INC MOVIES ON THE BEACH RECREATIONHART 8/3/2023 15.04 VONS DAY CAMP SUPPLIES RECREATIONHART 8/4/2023 168.00 CATAUNA EXPRESS TRAINING AND TRAVEL RECREATIONHART 8/7/2023 54.99 CHET’S HARDWARE OUTRIGGER SUPPLIES RECREATIONHART 8/7/2023 100.74 BLUEWATER GRILL MEALS RECREATIONHART 8/10/2023 5.16 VONS OUTRIGGER SUPPLIES RECREATIONHART 8/10/2023 375.00 SWANK MOTION PICTURES INC MOVIES ON THE BEACH RECREATIONHART 8/11/2023 17.28 VONS DAY CAMP SUPPLIES RECREATIONHART 8/11/2023 84.00 CATALINA EXPRESS TRAVEL RECREATIONHART 8/11/2023 104.00 CATALINA EXPRESS TRAVEL RECREATIONHART 8/14/2023 279.96 OTC BRANDS INC SUPPLIES RECREATIONHART 8/15/2023 26.15 CHET’S HARDWARE SKATE PARK MAINTENANCE RECREATION
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 1, 2023
LASr NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTDEVIN HART 7/24/2023 35.00 MAILGUN TECHNOLOGIES IT SUBSCRIPTION ADMINISTRATIONDEVIN HART 1/26/2023 2541 VAST CONFERENCE IT SUBSCRIPTION ADMINISTRATIONDEVIN HART 8/2/2023 82.96 CYBERLYNK IT SUBSCRIPTION ADMINISTRATIONDEVIN HART 8/2/2023 35.00 MAIL GUN TECHNOLOGIES IT SUBSCRIPTION ADMINISTRATION DEVIN HART 8/3/2023 27.95 VASTCONFERENCE IT SUBSCRIPTION ADMINISTRATIONDEVIN HART 8/9/2023 61.59 VISTA PRINT BUSINESS CARDS ADMINISTRATIONP. HERNANDEZ 7/18/2023 176.46 PEBBLY BEACH BUILDING SUPPLY MAINTENANCE SUPPLIES HARBOR MAINTENANCER HERNANDEZ 8/3/2023 4320 CHETS HARDWARE MAINTENANCE SUPPLIES HARBOR MAINTENANCE R HERNANDEZ 8/11/2023 111.98 CHETS HARDWARE MAINTENANCE SUPPLIES HARBOR MAINTENANCEMEFFERT 8/8/2023 8000 TURNOUT MAINTENANCE UNIFORMS FIREMINUTO 7/18/2023 15367 CHETS HARDWARE MAINTENANCE SUPPLIES FIRE MINUr0 7/19/2023 (54.98} CHETS HARDWARE MAINTENANCE SUPPLIES FIRE MAISTROS 7/18/2023 46.67 FED EX SHIPPING ADMINISTRATIONMAISTROS 7/19/2023 75.00 CATALINA ISLAND CHAMBER MEMBERSHIP DUES ADMINISTRATIONMORONES 7/31/2023 24.23 AMAZON SUPPLIES ADMINISTRATIONRUBIO 7/20/2023 112.17 CHET5 HARDWARE SUPPLIES GARAGERUBIO 7/21/2023 135.32 NAPA AUTO PARTS SUPPLIES GARAGERUBIO 7/31/2023 39.80 CHErS HARDWARE SUPPLIES GARAGE RUBIO 8/8/2023 91.60 76- UNITED PACIFIC TRAVELS FUEL GARAGE RUBIO 8/8/2023 41.50 CATALiNA EXPRESS TRAINING AND TRAVEL GARAGERUBIO 8/9/2023 26.66 WENDYS TRAINING AND TRAVEL GARAGERUBIO 8/9/2023 16.15 COUNTRY KWIK TRAINING AND TRAVEL GARAGE RUBIO 8/10/2023 220.48 LONG BEACH TRUCK SUPPLY MAINTENANCE SUPPLIES GARAGERUBIO 8/11/2023 42.50 CATALINA EXPRESS TRAINING AND TRAVEL GARAGE SCHMDIT 7/18/2023 114.47 AVALON GAS STATION FUEL HARBORSCHMDIT 7/19/2023 39.00 CATALINA EXPRESS TRAINING AND TRAVEL HARBOR SCHMDIT 7/21/2023 8.79 CHEFS HARDWARE MAINTENANCE SUPPLIES HARBORSCHMDIT 7/26/2023 11.98 CHEFS HARDWARE MAINTENANCE SUPPLIES HARBORSCHMDIT 8/2/2023 542.35 SOUTHWEST TRAINING AND TRAVEL HARBORSCHMOIT 8/3/2023 25.00 LAX PARKING TRAINING AND TRAVEL HARBORSCHMDIT 8/3/2023 35.27 STAPLES SUPPLIES -PRINTING HARBORSCHMDIT 8/3/2023 23.16 STAPLES SUPPLIES -PRINTING HARBORSCHMDIT 8/3/2023 38.00 CATALINA EXPRESS TRAINING AND TRAVEL HARBORSCHMDIT 8/7/2023 42.50 CATALINA EXPRESS TRAINING AND TRAVEL HARBORSCHMDIT 8/7/2023 315.42 RUGGED COMPUTING INC IT EQUPIMENT HARBOR SCHMDIT 8/8/2023 69.27 CHETS HARDWARE MAINTENANCE SUPPLIES HARBORSCHMDIT 8/8/2023 63.72 CHETS HARDWARE MAINTENANCE SUPPLIES HARBORSCHMDIT 8/10/2023 21.99 CHETS HARDWARE MAINTENANCE SUPPLIES HARBOR S 16,827.90 CHECK 36703
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID SEPTEMBER 15, 2023
H ER NAN DE ZH ER NAN DEL
H ER NAND ELHERNANDEZHERNANDEZHERNAN DELHERNAN DELHERNAN DELHERNANDEZHER NA N D ELH ER NAN D EL
H ER NAN DE ZH ER NAN DELHERNANOELHERNANDEZHERNANDEZHE RNA N D ELHERNANDEZHE RN AN D ELHE RN AN D ELHERNANDEZH MI E LA KHMIE LA KHMIE LA KH MI E LA KH MI E LA KHMIE LA K
HMIE LA KH MI E LA KHMIE LA KH MI E LA KHMIE LA KHMIELAKH MI E LAKH MIE LA KH MIE LA KH MI E LAKH MIE LA KHMIELAKH MI E LAKH MIE LA KHMIELAKH MI E LAK 8/1/202 38/ 1/202 38/2/202 38/2/202 3
8/2/2 02 38/2/20238/3/20238/4/20238/7/20238/7/20238/7/20238/8/20238/8/20238/8/20238/9/20238/9/2023 8/ 10/202 38/10/20238/10/202 3
8/11/20238/11/202 3
7/21/20237/24/2023
7/2 5/202 37/2 5/202 3
1,178.29
286.25305.36
6.59 64.2325.07
321.39
40.32 (4.81)
44.40 CHET’S HARDWARE
DOUBLETREE HOTEL
CRANE TRAINING ACADEMY
PEBBLY BEACH BUILDING
CHErS HARDWARE
CHET’S HARDWARE
CHErS HARDWARESMARTSIGNCHEF’S HARDWARECHETS HARDWARECHET’S HARDWARECHEVS HARDWARECHET’S HARDWARECHEVS HARDWARE
POP EY ES
CATALINA EXPRESSWENDY’S
MARISCO DEL PACIFICO
VITA ITALIAN BAR & GRILL
COUNTRY KWIKHOALOHA HAWAIIAN BBQDENNY’SDOUBLETREE HOTEL
CATALINA EXPRESSWILLIAMSON-DICKIE
BLOCK DIVISION, INC.EPLASTICS
AMERICAN PUBLIC WORKS ASSOC.
SIGN BRACKET STORECHET’S HARDWARE
WILLIAMSON-DICKIE
PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY
DESCRIPTION
MAINTENANCE SUPPLIESLODGING -TRAINING AND TRAVEL
TRAINING
MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
MEALS - TRAINING AND TRAVEL
TRANSPORTATION TRAINING
MEALS -TRAINING AND TRAVELMEALS -TRAINING AND TRAVELMEALS - TRAINING AND TRAVELMEALS -TRAINING AND TRAVELMEALS -TRAINING AND TRAVELMEALS STRAINING AND TRAVELFUEL CHARGESLODGING -TRAINING AND TRAVEL
TRANSPORTATION -TRAINING
UNIFORMS - PWHARBOR MAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESHARBOR MAINTENANCE SUPPLIES
MEMBERSHIP DUESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIES
TRANSPORTATION -TRAININGTRANSPORTATION -TRAININGTRANSPORTATION TRAININGTRANSPORTATION -TRAINING
UNIFORMS- PWMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESMAINTENANCE SUPPUESMAINTENANCE SUPPLIESMAINTENANCE SUPPLIESUNIFORMS- PW
DEPARTMENTPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKSPUBUC WORKSPUBLIC WORKSPUBLIC WORKSPUBLIC WORKS $ 10,891.28 See CHECK 36782
LAST NAME POST DATE AMT USD VENDOR
H ER NAND EL
HERNANDEZHERNANDELH ER NAN D EZHE RN AN D EZHE RN AN D ELHERNANDEZ 7/24/20237/2 4/202 3
7/24/202 37/2 7/202 37/28/20237/28/20237/31/2023
31.87 728.19
2,500.00
250.33
167.64
3.29 S2.SS
255.67 SMARTSIGN
72.09 PEBBLY BEACH BUILDING SUPPLY
(204.79) GLOBAL INDUSTRIAL
308.28
48.36 28.0234.9967.33S 1.6720.8814.10
41.50 12.01
58.14 19.8513.21
34.8849.35
101.07
30.00 42.50
87.98 2,752.22
CHEVRON
89.23 USA BLUE BOOK
222.52 PEBBLY BEACH BUILDING SUPPLY
81.99 CHET’S HARDWARE
406.18 AVALON PASS
7/2 6/202 37/2 6/202 37/28/2023
8/3/20238/3/202 38/4/202 38/4/20238/4/20238/4/20238/4/20238/7/202 38/8/20238/8/202 38/9/2 02 3 8/10/20238/11/202 38/11/20238/14/2023
UBER
12.84 UBER
51.95 UBER
10.39 UBER
43.9975.91
(43.99) WILLIAMSON-DICKIE
CITY OF AVALON
AUGUST 28, 2023- SEPTEMBER 22, 2023 WIRE TRANSFERS
October 3, 2023
DATE
ISSUED AMOUNT NAME DESCRIPTION
9/5/2023 2125993 MARINE DIESEL SERVICES REISSUE CHECK 36568 9/15/2023 9652013 FIRST SECURITY FINANCE JMF LOAN REPAYMENT S 117,780.06
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM: —3
ORIGINATING DEP: City Attorney CITY MANAGER:
PREPARED BY: Scott Campbell, City AttorneySUBJECT: Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Reconsider the circumstances of COVID-1 9 state of emergencyproclaimed by the Governor and COVID-19’s continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with CQVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconferenceare posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AR 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtualmeetings without having to post the location of the legislative body members attending virtually.
Most public agencies have been holding public meetings using virtual platforms since this time.
In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in 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 under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.
Specific Findings Required under AR 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council’s teleconference location if the City Council makesthe following two findings:
1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19;
65059.00000\3452048 I. I
Having made the findings, the City Council can continue every 30 days to authorize meetings under AR 261 to protect the health or safety of attendees.
COVID-1 9 continues to present a threat to the health or safety of members of the public. Although vaccines are now widely available! many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread through person-toperson contact and those in close proximity. According to the most recently published data! 11% of those tested statewide for Covid-19 tested positive, down slightly from last month’s rates of8.7% but still too high and higher than it was in July, when the rate was 8.7%. Covid-19 Hospitalizations are still too high, with a daily average of 368 persons each day. An average of 17 people in California die each day due to Covid-19, that is 6 more than noted in the last report to the City Council.. Additionally, Cal/OHSA has implemented COVID-19 Prevention NonEmergency Regulations that will remain in effect until February 3, 2025. The City’s economy is dependent upon visitors to the island, the presence of which increases the likelihood of transmission of the disease. Also! having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-1 9 poses a risk to the health or safety of attendees.
Re-Authorization is Required Within 30 Days
The City Council made the required findings at its September 15, 2023 City Council meeting.Consistent with the provisions of AB 361, the new findings must be made every 30 days. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council reconsider the facts of the state of emergency and continued impact of COVID-19, find that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and therefore, that remote meetings under AB 361 should continue in order to protect the health or safety of attendees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-1 9 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AR 361 at its October 17, 2023 City Council meeting.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
65059.00000\3452048 1.1
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM: 4
ORIGINATING DEP: Community Services CITY MANAGER:
PREPARED BY: David Hart, Community Services Manager
SUBJECT: Public Shade Structure Project REP
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to develop and solicit a request for proposals for qualified firms to construct custom shade structures along Crescent Avenue (Capital Improvement Project Number 206502).
REPORT SUMMARY: On November 16, 2021, the City Council adopted Resolution 21-28 authorizing the use of Per Capita Program funds, originated from Proposition 68, for a scope of work to include:
- Installation of shade sails on Crescent Avenue
- Lover’s Cove Improvements- Climbing and Bouldering Area at Kid’s Park- JMF Improvements to Upper Seating Area - Kids’ Park Additional Fitness Equipment
On March 15, 2022, City Staff presented the City Council with an alternative plan to improve shading on Crescent Avenue. The revised plan provided for installation of shade structures in three (3) large planters along Crescent, as well as replacement of the existing shade structure in the median across from Coney Island.
Staff anticipate the project will cost approximately $130000 and are using the informal bidprocurement process as described in Avalon Municipal Code Section 3-4.205.
Staff have developed a request for proposals from qualified firms to perform the proposed scopeof work. The proposed timeline for the REP is as follows:
ACTION Date
Release/Publish REP October 4, 2023Last Day for Potential Vendors to Ask Questions October 11, 2023Deadline for Receipt of Proposals October 20. 2023 Authorization to Negotiate Contract November 7, 2023
Notice to Proceed November 9, 2023
A financial analysis will be included with the bid results as a future agenda item for City Council authorization.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will notcontract with a qualified firm to construct shade structures for Crescent Avenue.
FOLLOW UP ACTION: Implementation of City Council direction.
FISCAL IMPACTS: Project to be funded by Per Capita Program Funding ROPDS/Prop 68.Expenditures budgeted in Capital Improvement Plan (#10265-6547 — CIP Project #206502).
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3. 2023 AGENDA ITEM: 5ORIGINATING DEP: Harbor CITY MANAGER: NQ1 PREPARED BY: Kevin Schmidt: Assistant Harbormaster
SUBJECT: Harbormaster Building Roof Replacement
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to develop and solicit a request for proposals for qualified firms to replace the roof of the Harbormaster Building.
REPORT SUMMARY: The roof of the Harbormaster Building, located at the end of the GreenPleasure Pier, is approximately 15 years old. High exposure to sea and weather conditions, as well as the unprecedented 2022-2023 storm season, has led to additional degradation of the roof of the Harbormaster Building. At this time there are significant leaks throughout the structure.
Replacement of the Harbormaster Building roof is budgeted in the Fiscal Year 2023-24 CapitalImprovement Budget. With an El Nino year of substantial rain forecasted, City Staff would like to release a request for proposals (REP) from qualified firms to replace the roof of the building as soon as possible.
Staff anticipate the project will cost in excess of $60,000 and are using the informal bidprocurement process as described in Avalon Municipal Code Section 3-4.205.Staff have developed a request for proposals from qualified firms to perform the proposed scope of work. The proposed timeline for the RFP is as follows:
‘ ACTION Date
Release/Publish REP October 4, 2023Last Day for Potential Vendors to Ask Questions October 9, 2023Deadline for Receipt of Proposals October 13, 2023 Authorization to Negotiate Contract October 20, 2023
Notice to Proceed October 24, 2023
A financial analysis will be included with the bid results as a future agenda item for City Council authorization.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will notcontract with a qualified firm to replace the leaking and damaged roofs at the Harbormaster Building.
FOLLOW UP ACTION: Implementation of City Council direction.
FISCAL IMPACTS: Project is budgeted in the Fiscal Year 2023-24 Capital Improvement Plan (#10470-6547
— CIP Project #207014).
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM:_________
ORIGINATING DEP: Human Resources CITY MANAGER:_ \%f.&
PREPARED BY: Stephanie Campbell, Human Resources Analyst II SUBJECT: Vehicle Usage Policy Update
RECOMMENDED ACTION(S): Adopt updates to the Vehicle Usage Policy.
REPORT SUMMARY: The Vehicle Usage Policy was originally adopted in 2016. The City’s risk management agency, CIRA, recommends the policy be updated periodically.
The Vehicle Usage Policy was adopted 2016 to ensure the City complied with all Federal and State laws related to the safe operation and maintenance of vehicles, while reducing the risk and liability that comes with operating a City owned fleet and the use of personal vehicles for City business. The updates and training in this policy are recommended by CIRA.
The purpose of the policy is to ensure that all City departments will administer the Vehicle Usage Policy consistently and that the administrative controls are in place. As such, the Policy provides general guidelines for driving eligibility, licensure, insurance, training, accident investigation and review, the safe operation and maintenance of the City’s fleet, emergency vehicle use and record review, all in an effort to ensure consistent application.
FISCAL IMPACTS: None.
GOAL ALIGNMENT: City Policy.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would have an outdated Vehicle Usage Policy; the City may be subjected to increased habilityand risk for failure to administer an updated policy.
FOLLOW UP ACTION: The Vehicle Usage Policy is administered by the Human Resources department and the updated policy will be redistributed to all employees, and added to the City’s website.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Vehicle Usage Policy
VEHICLE USAGE POLICY
INTRODUCTION
According to the National Highway Transportation and Safety Administration,from 1998—2000, motor vehicle accidents killed more than 2,100 people annually while they were working and injured 353000. More than half of the injuries resulted in employee losing time from work. Overall, work-related vehicle injuries (fatal and non-fatal) account for nearly 6.5% of all auto-related injuries.
Motor vehicle accidents on and off the job cost employers nearly $60 billion annually. Operating a motor vehicle can create significant risks to your City.
PURPOSE
This policy establishes procedures regarding the effective and economical usage of City owned pool and privately owned vehicles operated during the course ofCity business. Use of City owned pool vehicles shall be relied upon as the primary means of vehicle usage, as it provides the greatest control over operating costs, usage, maintenance, inspection, and insurance.
II. AUTHORITY
This has been approved by the City for use in matters regarding the use of all vehicles operated during the course of City business. This policy does not apply to commercial motor vehicles.
Ill. ASSIGNMENT OF RESPONSIBILITY
A. Department Heads shall keep a list of all employees who may be required to drive City owned pool or privately owned vehicles on City business.
Department Heads shall also be responsible for overseeing the implementation of necessary driver training programs and ensuring that employees who require such training attend. In addition, Department Heads shall work with the Personnel Director to maintain a current list of employees for each department eligible to operate pool or privately ownedvehicles.
B. The Personnel Director shall coordinate all required training and maintain related records. Additionally, the Personnel Director shall ensure that evidence of insurance and driver’s license information are maintained in each employee’s file. The Personnel Director shall also receive and record Department of Motor Vehicles Pull Notice reports and notify Department Heads when necessary.
C. The Safety Committee shall review all accidents to determine whether an accident was preventable or non-preventable, and to make any necessary disciplinary recommendations.
D. Supervisors shall routinely monitor the driving of each employee during the course of performing the employee’s job-related driving responsibilities. In addition, supervisors shall include the review of driving records as part of the employee’s periodic evaluation. Supervisors shall also perform necessary accident reporting requirements as stated inSection X.
E. The Fleet Manager is responsible for the general operation of the City’s pool fleet. The Fleet Manager shall ensure vehicles are regularly maintained in such a manner as to eliminate mechanical failure includingreceiving notification from any employee who reports unsafe conditions or defects in any City owned pool vehicle. Upon receiving such notification:
the Fleet Manager shall determine whether or not the vehicle is unsafe for continued operation.
The Fleet Manager is to:
(1) classify vehicles as either general or special purpose, (2) ensure that City vehicles under his/her control are used for official purposes only,
(3) provide guidance for the proper use and safe operation of motor vehicles,
(4) determine current and projected needs for motor vehicles, (5) establish and maintain fleet management records for utilization of all assigned vehicles and for costs of maintenance and operation of City owned vehicles,
(6) establish and maintain an effective preventive maintenanceprogram, (7) ensure that motor vehicle reports are current and accurate, (8) conduct and/or aid in conducting periodic evaluations of program performance and effectiveness,(9) ensure that City vehicles are stored in facilities that provide protection from pilferage or damages.
(10) ensure that keys and credit cards are adequately protectedboth during and after normal duty hours, and 2 Page 2 Vehicle Usage Policy
(11) ensure that each City-owned or -leased motor vehicle used for official business is equipped with safety belts.
F. All City employees shall promptly provide insurance and driver license information when notified that their job duties include driving either an City owned pool or privately owned vehicle. Employees are to comply with all training and other reporting requirements of this policy.
IV. DEFINITIONS
A. Preventable Accident: the vehicle operator failed to do everything reasonably possible to prevent the accident.
B. Non-Preventable Accident: the vehicle operator did everything reasonably possible to prevent the accident.
C. City Owned Pool Vehicle: any vehicle owned by the City, and assigned on a shared, designated, or permanent basis.
D. Privately Owned Vehicle: any personally owned vehicle used by an employee) whether owned by the employee or not.
E. Commercial Motor Vehicle: a motor vehicle or combination of vehicles designed or used for the transportation of persons or property forcompensation.
F. Vehicle Operator: any employee who is either operating an City owned pool vehicle or is operating a personally owned vehicle on City business.
G. City Business: activities that require the use of a vehicle and are authorized by the employee’s supervisor. In the use of personal vehicles,City business also means that the operator is being reimbursed for mileage expenses according to Internal Revenue Service guidelines.
V. VEHICLE TYPES AND USE
A. Use of City Owned Pool Vehicles
1. City owned pool vehicles fall into the following three categories, and have restrictions based upon type and use:
a. Vehicles that are kept overnight at City facilities, and are assigned for use on a shared or designated basis during the course of daily City business. Personal use is expressly prohibited.
b. Vehicles that are assigned to managers on a permanent basis, and used for daily commuting to and from the City.
According to the Internal Revenue Service, commuting to and from work and any other incidental personal usage is not considered official use! and shall be reported as taxableincome. c. Vehicles that are designed for emergency or on-call use, and authorized for use to and from work in order to respond on a 24-hour basis. Employees authorized to operate emergency or on-call vehicles may make reasonable, but limited stops before and after assigned work shifts while traveling to and from work.
2. Only City employees are authorized to operate City owned pool vehicles.
3. City owned pool vehicles are for transporting only those employees whose duties require the use of a motor vehicle, and such other persons whose business activities are important to City interests.
4. Under no circumstances shall family members or friends be transported in City owned pool vehicles, including those that areauthorized for use commuting to and from the City or designated for emergency or on-call use.
B. Use of Privately Owned Vehicles for Non Public Safety employees only:
There are times in which the use of an employee’s personal vehicle is preferable because either an City owned pool vehicle is not available or because the use of a privately owned vehicle is deemed more efficient.
When such is the case, the following shall be adhered:
1. An employee may use his/her privately owned vehicle when helshe has a transportation need for City business and upon written authorization by his/her supervisor. An Accident Kit must be obtained from the Fleet Manager and kept with the privately owned vehicle while operating on City business.
2. Employees who regularly use their own privately owned vehicles on City business must notify their insurance company of such use.
3. It is the responsibility of the individual utilizing his/her privately owned vehicle to maintain accurate records of the purpose andextent of his/her travel, and to make substantiated claims for reimbursement per the City’s reimbursement policy. The vehicle 4 Page 4 Vehicle Usage Policy
and/or mileage allowance is intended to cover the employee’s cost of operating the vehicle on City business, including the cost of insurance. Further, all operating expenses of the privately owned vehicles are to be borne by the employee. This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance.
4. The City is not liable for any damage to an employee’s privately owned vehicle, unless caused by the City’s negligence . It is the responsibility of the employee operating the vehicle to notify his/herimmediate supervisor, the Department of Motor Vehicles, and the employee’s insurance company in the case of any accident. If an employee is responsible for an accident either while driving an City owned pool or personally owned vehicle, his/her own automobile insurance premiums may be increased.
C. Use of Privately Owned Vehicles for Public Safety employees Public Safety employees driving on City business are required to use an City owned vehicle. The vehicle is insured and maintained by the City, An employee who chooses to use their own personal vehicle will be responsible for any costs, damages, or expenses related to such use. If an City vehicle is not available, the employee may request an exception to use his or her personal vehicle. The employee shall complete a Vehicle Consent Form (Appendix B) and have it approved by a Supervisor.
Under rare or unusual circumstances, the City may request or direct an employee to utilize their personal vehicle for City business. It is the responsibility of the individual utilizing his/her privately owned vehicle to maintain accurate records for the purpose and extent of his/her travel, and to make substantiated claims for reimbursement per theCity’s reimbursement policy. When requested or directed to use his or her private vehicle, the City will be the primary insurer of that vehicle for that specific use.
VI. DRIVER TRAINING
Those employees who drive City owned pool vehicles and who regularly use privately owned vehicles as part of their essential job functions are required to complete a defensive driver training course.
A. New employees shall complete a defensive driver training at the first available course date after the commencement of employment.
Instruction shall also be provided to make certain that such employees are familiar with this policy.
B. Current employees who change assignments to include driving an City owned pool vehicle are similarly required to complete the provisions as stated in this section.
5 Page 5 Vehicle Usage Policy
C. All employees who are required to participate in defensive driver training shall be required to repeat such training at east once every three years.
D. Employees shall complete remedial driver training if there is a pattern of substandard driving performance. Citizen complaints, moving violations, vehicle neglect, or vehicle collision may be cause to require such training.
VII. GENERAL GUIDELINES
A. Employees shall obey all Federal, State and local laws while operating either City owned pool or privately owned vehicles on official City business.
B. It is the responsibility of the employee operating either an City owned pool or privately owned vehicle to ensure that all persons in the vehicle use seat belts and have them properly adjusted before starting the engine of the vehicle.
C. When cargo, materials or tools are being transported, the vehicle operator responsible for assuring that all items are properly secured.
D. No person shall be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations on a vehicle not designed or approved by the vehicle manufacturer for passenger seating. An exception to this shall bevehicles designed and equipped for passengers outside the cab area.
E. Any injuries sustained by the vehicle operator or other employees while operating a vehicle on City business shall be covered by workers’ compensation.
F. When the vehicle operator is determined to be involved in a preventable accident, the Safety Committee shall recommend disciplinary action subject to review and approval by the Department Director.
S. Alcoholic beverages and drugs shall not be transported or placed in any City owned pool or privately owned vehicle.
H. Any employee who operates an City owned pool vehicle, regardless of frequency, is responsible for the proper care and operation of that vehicle.
1. Before operating the vehicle the drivers should check the following items to make sure that all equipment is working and in a good, safe operating condition:
V Check fuel gauge for sufficient fuel and oil gauge for adequate level
6 Page 6 Vehicle Usage Policy
V Windshield (clean and free of defects)
V Rearview mirrors
V Tires properly inflated and roadworthy
V Spare tire available and inflated
V Safety belts
V Brakes (foot and emergency)
V Horn
V Head lights
V Tail lights
V Brake lights
V Turn signals
V Emergency flashers
V Windshield wipers and washer
2. Any vehicle damage beyond normal wear and tear or that includes defects affecting the safe operation of the vehicle must be documented and reported to the employees supervisor and the Fleet Manager.
3. No employee shall operate an City owned pool vehicle found to be in an unsafe condition.
VIII. USE OF ELECTRONIC DEVICES
Employees shall refrain from operating cellular telephones, laptop computers, navigational devices and any other device that may cause vehicle operator distraction while operating an City owned pool or privately owned vehicle in the course of conducting City business. Employees shall make every attempt to properly park their vehicle or use a hands-free device when using such equipment.
IX. RENTAL VEHICLES
7 Page 7 Vehicle Usage Policy
When it is necessary for an City employee to use a rental vehicle for City business, the employee shall utilize an City approved rental agency. Optional loss damage coverage should be purchased from the rental City at the time the vehicle is rented.
X. ACCIDENT REPORTING REQUIREMENTS
Any accident involving an City owned pool vehicle, rented or leased vehicle or privately owned vehicle used in the performance of City duties shall be reported as follows:
A. The vehicle operator shall summon medical care for any injured parties.
B. The vehicle operator shall notify appropriate law enforcement agencies.
C. The vehicle operator shall collect information about the other parties involved by completing the “Accident Packet” located in the City owned pool vehicle’s glove box or obtained from the Fleet Manager.
D. The vehicle operator shall notify his/her supervisor. The supervisor shall be responsible for initiating the departmental investigation of the accident, completing all required City reports and recommend action to the Safety Committee. In the event of serious bodily injury, an Incident Report form shall be completed by the supervisor and submitted to PARSAC.
E. The supervisor shall notify the Risk Manager.
F. The vehicle operator must report the accident to the DMV if more than $1,000 in property damage or if anyone was injured (no matter howslightly). The report must be filed, whether the vehicle operator caused the accident or not, and even if the accident occurred on private property.
The report must be made on the California Traffic Accident Report [FormSRi] and must be made within ten (10) days of the accident. If the report is not filed with the DMV, the vehicle operator’s driving privilege will be suspended. The police or California Highway Patrol wilt not file this report.
However, a report is not required if the motor vehicle involved in the accident was owned or leased by the local City.
Xl. INSURANCE
Proof of insurance is required before any privately owned vehicle can be authorized for City business, and shall be provided to the Personnel Director annually thereafter, no later than January 31 of each year.
A. Insurance Requirements
8 Page 8 Vehicle Usage Policy
1. Employees who receive a monthly vehicle allowance shall maintain coverage in an amount not less than $100000 per person/ $300000 per occurrence (or a combined single limit of $300,000) and property damage coverage in an amount not less than $100,000 per occurrence.
2. Employees that do not receive a monthly vehicle allowance and are authorized to use privately owned vehicles on City business shallmaintain minimum coverage in an amount not less than $50,000 per person/$1 00,000 per occurrence (or a combined single limit of$100,000) and property damage coverage in an amount not less than $50,000 per occurrence.
B. California Insurance Code §11580.9 states that where two or more policies affording valid and collectible liability insurance apply to the same motor vehicle in an occurrence out of which a liability loss shall arise, itshall be conclusively presumed that the insurance afforded by that policy in which the motor vehicle is described or rated as an owned vehicle isprimary and the insurance afforded by any other policy shall be excess.
C. The City shall not be responsible for any increase in the employee’s automobile insurance premium as a result of an accident. ft In the event of an accident, the employee is responsible for paying any deductibles the insurance company may require.
E. If insurance coverage is canceled, terminated, lapsed, or for any other reason curtailed, the immediate supervisor must be notified by the employee and the vehicle shall not be used for City service.
F. Should an employee using his/her privately owned vehicle on City business be involved in an accident with resulting injury or property damage, the employee’s own insurance carrier shall respond to defend the employee. Should a claim exceed the limits of the employee’s liability insurance coverage, CIRA’s liability coverage program would respond in an excess capacity if the accident qualifies as a covered occurrence.
XII. DRIVER’S LICENSE
A. All City employees authorized to use City owned pool or privately owned vehicles on City business must possess a valid California driver’s license and provide proof of licensing upon hire.
B. All City employees must maintain a driver’s license appropriate for the class of vehicle to be driven.
9 Page 9 Vehicle Usage Policy
C. An employee whose driver’s license is suspended or revoked for any reason must notify their supervisor no later than the first workday following suspension or revocation of their driver’s license. Such employee shall not be allowed to operate any City owned pool or privately owned vehicles on City business.
D. Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of official City duties.
XIII. REVIEW OF DRIVING RECORD
A. The City shall enroll employees that operate City owned pool or privately owned vehicles on City business in the Department of Motor Vehicles (DMV) Pull Notice Program. When a vehicle operator has received a violation, the DMV assigns points according to the type of violation, and automatically sends notification to the City. Appendix A contains a list ofviolation point counts.
B. In compliance with Vehicle Code Section 1808.47, all information received from the DMV shall be used solely for the intended purpose, and kept in locked storage. Under no circumstances shall addresses or other information be given to a third party.
C. Employees who have an accumulation of four or more points in a 12 month period or six in a 24 month period or eight in a 36 month period may have City driving privileges suspended at the discretion of theDepartment Head. The Personnel Director shall notify the Department Head when a driving record meets this threshold.
D. Employees involved in additional preventable accidents or have a disqualifying action taken against their driver’s license shall be subject to disciplinary action, the severity of which will be determined by the natureof the offense and the employee’s past driving and disciplinary action records.
E. An employee who has been determined to be involved in two or more preventable accidents within a 36 month period while operating an City owned pooi or privately owned vehicle in the performance of official Citybusiness shall be subject to disciplinary action up to and including suspension of City driving privileges.
F. Any conviction resulting from driving while under the influence of drugs or alcohol (DUI) or refusal to submit to a lawful roadside sobriety test shall result in disciplinary action up to and including suspension of City driving 10 Page 10 Vehicle Usage Policy
privileges.
G. Intentional abuse, moving violations, reckless operation, or negligent actions while operating any vehicle may result in the suspension of theemployee’s driving privileges, and is grounds for further disciplinary action.
H. Temporary or permanent suspension of City driving privileges for employees whose position requires operation of a vehicle shall be considered a loss of the ability to perform an essential job function.
If an employee has City driving privileges suspended, the City shall attempt to arrange for the employee to perform the essential functions of the job. If such accommodation is not possible or creates an unreasonable hardship for the City or coworkers, loss of City driving privileges shall be considered just cause for reassignment to a position that does not require operation of a vehicle at a pay rate commensurate with that position. If no such position is open, the employee may be terminated.
XIV. ACKNOWLEDGEMENT
Upon receipt of this policy, each employee shall sign a form acknowledging that he/she is aware of this policy, including the legal issues arising out of the use ofhis/her privately owned vehicle on City business. 11 Page 11 Vehicle Usage Policy
EMPLOYEE ACKNOWLEDGEMENT OF VEHICLE USAGE POLICY
This is to acknowledge that I have received a copy of the City
of Avalon Vehicle Usage Policy and that I have read the policy and understand my rights and obligations under the Policy.
I understand that this Policy represents only current policies, procedures, rights and obligations and does not create a contract of employment. Regardless of what the Policy states or provides, the City retains the right to add, change or delete provisions of the Policy and all other working terms and conditions without obtaining another person’s consent or agreement.
My signature below further signifies that I have read this Policy and that I accept and will abide by all of its provisions.
PRINT FULL NAME
_____________________________
SIGNED
DATE
(RETAIN IN EMPLOYEE PERSONNEL FILE)
12 Page 12 Vehicle Usage Policy
APPENDIX A
Department of Motor Vehicles
Vehicle Code Section 12810
As of November 2004
Note: This information was current as of the above date. Please make certain that it is current before relying on its accuracy.
Violations With a Value of One Point:
Section Violation
2800 Disobedience To Traffic Officer
2800.1 Evading Peace Officer
Lg°l Disobedience To Fire Official [ 2803, 2803a, 2803b. 2803c Unsafe Vehicle Load 2815 Disregarding Non-Student Crossing Guard 2816 Youth Bus/Children Crossing Highwy
2817 Disregarding Funeral Escort Officer2818 Crossing Safety Flares/Cones 14601.5 Driving, Suspended/Revoked For Refusing
Test
14603 Violation Of License Restrictions
21100.3 Disregarding Traffic Officer’s Directions
21209, 21209a Driving In Bicycle Lane
• 21367, 21367a, 21367b, 21367c Disobedience To Traffic Signs/Controller 21451, 21451a, 21451b Illegal Movement/Green Ljgt/Arrow2 1452, 21452a ijicial Movement/Yellow Light/Arrow 21453, 21453a, 21453b, 21453c Illegal Movement/Red Light/Arrow21454, 21454a-d, 21455 Traffic Signals 21457, 21457a, 21457b Disobedience To Flashing Signals21460a, 21460b Double Lines/One Broken Line 21460.5c Use Of Two-Way Left Turn Lane21461, 21461a, 21462 Disobedience To Traffic Control Device 21650, 21650a-f çp Right
21651, 21651a Crossing Divided Highway
21652 Entering Highway From Service Road21654, 21654a, 21654b, 21655, Lane Use/Slow Moving Vehicle 21655b
21655.8 Diamond Lane/Entering/Exiting
21656-21662, 21662a, 21662b Improper Lane Use21663 Driving On Sidewalk 21664 Freeway Ramp/Entering/Exiting
21700 Load Obstructing Driver’s View
Rev. 11/04 Page 1 of 4 DMV Point Count
1701 Interfering With Driver’s Control Of Vehicle
21702, 21702a, 21702b Driving Hours Limitation
21703, 21704, 21704a, 21705, 21706 Following Too Closely21707 Driving In Fire Area 21709 Driving In Safety Zone21711 Towed Vehicle Swerving 21712, 21712a, 21712d, 21712f, Unlawful Riding/lowing
21715, 21715a, 21715b
21717 Turning Across Bicycle Lane
21750-21757, 21758, 21759 Illegal Passij21800-21804, 21804a, 21804b Right-Of-Way • 21805, 21805b Yielding Right-Of-Way To Horseback Rider 21806, 21806a Yielding Right-Of-Way To Emergency Vehicle21807 Unsafe Operation Of Emergency Vehicle 21950, 21950a, 21951. 21952 Yielding Right-Of-Way To Pedestrian 21954, 21954b Due Care For Pedestrian On Roadway21960a Prohibited Use Of Freeway 21963 Yielding Right-Of-Way To Blind Pedestrian
22100-22105 Turning And U-Turns22106 Unsafe Starting/Backing Of Vehicle 22107-22111, 22111a, 22111b, SignalingTurnsAnd Stops22111c 22112, 22112a School Bus Signaling22348, 22348a, 22348c Speed/Use Of Designated Lanes 22349, 22349.5 Maximum Speed22350, 22351, 22352, 22352a, Basic/Prima Facie Speed Limit 22352b
22354, 22355 Exceeding Posted/Freeway Speed Limit
22356, 22356b Maximum Speed 70 Mph22357, 22358.4, 22359, 22360, 22361 Speed In Excess Of Local Limits 22362 ped/Construction Zone
22363 Restricted Speed/Weather Conditions22364 Speed/Traffic Lanes 22400, 22400a, 22400b Driving Too Slow
22405, 22405a Speed/Bridge/Tunnel22406, 22407 Maximum Designated Vehicle Speed 22409, 22410 Speed/Solid/Metal Tires
22413 fleed Limit On Grades
22450, 22451, 22452, 22452a, Stop Required/Railroad Crossing22452b 22454 Stop For School Bus
23109, 23109b, 23109d Speed Contest/Aiding Or Abetting23116, 23116a Transporting Person In Truck Load pace 23127 Driving On Trails And Paths
Rev. 11/04 Page 2 of 4 DMV Point Count
23220 Drinking While Driving
23222. 23222a, 23222b Marijuana Or Open Container/Driving 23235 Ignition Interlock Verification
23244, 23244b Defeating Ignition Interlock Device
23253 Disobedience To Toll Highway Officer
23270, 23270a Unauthorized Towing
23330, 23330c Width/Load Of Vehicle At Crossing23336 Disobedience To Sign/Vehicle Crossing 24002, 24002a, 24002b Unsafe/Unlawfully Equipped Vehicle 24004 Operation After Notice By Officer24250 Lighting Equipment 24409, 24409a, 24409b Failure To Dim Lights
24604 Lamps/Flag For Extended Load25103, 25103a, 25103b Lamps On Pjçpting Load 26301, 26302, 26302a, 26302b, Brakes
26302c26303, 26304, 26304a, 26304b Brakes/Combination Vehicles 26307 Forklift Truck Brakes
26311. 26311a, 26311b, 26311c All Wheel Service Brakes26456, 26457 Brakes/Stopping Distance 26458, 26458a, 26458.5 Braking SystemrFowing Vehicles26502a Adjustment/Use Of Air Brakes 26503-26506, 26506a, 26507 Airbrake System
26508, 26508a-c, 26508e-k, 26508o Emergency Stopping System 26520, 26521, 26522 Vacuum Brakes
27360, 27360a-c, 27360.5, 27360a-c Child Passenger Restraint 27363, 27363b Child Seat Belt
27800, 27801 27801 a, 27801
b Motorcycle/Passengers And Equipment
29001, 29002 Fifth Wheel Connecting/Locking Device
29003a, 29003b, 29003c Hitch And Coupling Device
29004, 29004a-c, 29006. 29006a Towed Vehicle Coupling29201 Pole Dolly/Load And Length 31301, 31 301a Caldecott Tunnel Restrictions
31303, 31303b, 31303c, 31303e Hazardous Waste Transportation 31402 Farm Labor Vehicle/Unsafe Operation31540, 31 504b Removable Containers/Regulations 31614, 31614a, 3164b, 31614d-f Explosives Transportation 31614h, 31614i32104, 32104a, 32104b, 32105, Inhalation Hazard Transportation 32105a, 321 05c-e, 32106, 321 06a-d
34102 Tank Vehicle Regulations
34501.2, 34501a, 34501c Driving Hours Limitations
34506, 34506a-g Driving Hours, Equipment, Maintenance,
Operation
Rev. 11/04 Page 3 of
4 DMV Point Count
34506.3 Safety Regulation Violation
34509, 34509c, 34509d Vanpool Vehicle Maintenance Inspection35784, 35784a, 35784b Violation Of Special Permit 35784.5, 35784a, 35784b Extralegal Load/Weight
36400 Lthrier/Seed
36705 Bale Wagon Load Width During Darkness
Violations With a Value of Two Points
Section Violation2800.2, 2800.3 Evading Peace Officer/Reckless Driving 14601, 14601a, 14601b, 14601.1 thru Driving While Suspended/Revoked14601.4 20001, 20001a 20002. 20002a. Hit And Run/Injury/Property Damage20002b21651b . Driving Wrong Side/Divided Highway
F 22348b Speed Over 100 MPH 23103, 23103a, 23103 b Reckless Driving 23104, 23104a Reckless Driving/Causingp4jjy Injury23109a, 23109c Speed Contest/Exhibition Of Speed 23140, 23140a, 23140b Minor Driving With BAC Of 0.05% Or More23152, 23152a-d DUI/Alcoholic Beverage Or Drugs23153, 23153a-d DUI/Causing Bodily Injury Or Death 31602, 31602a, 31602b, 31602c Explosives Transportation Rev. 11/04 Page4of4 DMV Point Count
APPENDIX B
CONSENT FORM FOR PERSONAL VEHICLE USE (PUBLIC SAFETY)
Employee Name:
Driver’s License No.______________________ Date of Use: Purpose: Duration:
El Meeting From:
El Court Appearance To:
C TrainingMlorkshopEl Other:
Location Name:
Address:
By signing below, employee agrees to:
V Maintain personal vehicle in a safe condition;
V Immediately notify supervisor if he/she is involved in an accident;V Observe all posted speed limits and operate the vehicle in accordance with applicable laws and state regulations; and
V Comply with the entity’s vehicle use policy.
Employee Signature Date
Approved By:
Name Title
Signed Date
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3. 2023 AGENDA ITEM: 1
ORIGINATING DEP: Finance CITY MANAGER: f\JitU&
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: OpenGov, Inc. Budget Software Renewal
RECOMMENDED ACTION(S): Approve a one-year extension with OpenGov, Inc. for its budget preparation and transparency modules for a not-to-exceed amount of $25,735.73REPORT SUMMARY: On August 21, 2018, City Council approved a five-year contract and licensing agreement with OpenGov, Inc. totaling $115,662.40 for the acquisition and installation of an online budget preparation module. OpenGov, Inc was the only budget preparation module identified with the ability to fully integrate with the City’s accounting system, CentralSquare eFinancePlus (formerly Superion). This feature allows City Staff to review budget-to-actual information in real-time through the budget module without assistance from the Finance Department, significantly improving the efficiency of the City’s budget development process.
The City’s procurement policy requires contracts for services, supplies, and equipment of$25,000 or more to be awarded through competitive procedures. The City solicited and received price quotes from OpenGov, Inc. and ClearGov, Inc., as ClearGov now has the capability to integrate with the City’s accounting system. The City also inquired with CentralSquare to see whether they integrated with other vendors or offered a similar product. CentralSquare indicated that they did not offer a similar product and did not identify any other vendors that integrate with the City’s accounting system. Below please find a pricing comparison for a one-year contract:
Vendor
OpenGov
IciearGov,
Price_Quote
$25,735.73$32,890.00
City Staff recommends approving a one-year extension with OpenGov, Inc. The City has received excellent customer support from OpenGov, Inc. over the past five fiscal years. City Staff have become more familiar with the product’s functionality each year, which has contributed to significant efficiencies in budget development and monitoring. Changing vendors would also require additional staff time, particularly from the Finance Department, for implementation and training that were not anticipated in the current fiscal year. City Staff plans to review its budgeting software again next year, including digital budget book modules and other available features,after the preparation of the Fiscal Year 2024-25 budget.
Inc.
Inc.1
ClearGov’s quote included its digital budget book module.
GOAL ALIGNMENT: Fiscal responsibility, citizen engagement and public transparency.
FISCAL IMPACTS: Included in the FY2023-24 Budget in Account 10130-5005.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council decision.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. OpenGov, Inc. Renewal
OpcnCrov Reporting & Analysis 9/1/2023 Trarxnpurrncy, Budget Bush/ic Custom IntegratIon Wecorne lu Open w! Thanks foe cuing our Software Services. This Order Penn is entered into between OpenGos’. Inc., wish Is pntsripal place olbusiness at PU Bus 41340, San Ioue, CA 95160lOpenGor”). and you. he cntrly identified abo’sr l”Customer’l, as ofthe ElTertive Dale. Ibis Order Form includes and rncoq,ocalcs lie OpenGuv Software Services Agreernenl (‘SSA’) executed by the parties and attached. or ilno sacS SSA is executed or anached, the SSA athnps:epcngnv’4orr/lenns-of’sctvice and she applicsble Slaretrent ofwortc t’SOW’) incorporated herein in the eventProfess:ueal Services arc p.archased ‘Die Order Form, SSA and SOW shall hereafter be referred to as the Agreement’. Unresa otherwise spccttted above, fees fur the Software Sen,,ce5 and ProfessionalServices shall be dues nd payable, in advance. on the Effective Date. By signing thts Agreement. Customer acknowledges that it ha.’ re’,tewed, and agrees to be legally bound by. she OpenGov Terms andConditions. Each paruy’n acceptance oflhis Agreement is ceo d,t,ooal upon the other’s acceptance ofthe terms in the Agreement to the exclusion ofalt other terms.
City of Avalon, CA
Signatme:
Name:
OpenGo,, Inc.
Signature:
Name:
Tide:
Dale:
Title:
Dale:
©OPENCOV
Quote Number:
Created On:Order Form Expiration:
Subscription Start Date:Subacriplion End Dale:
0C,-00C A 3 5 84
5/12/2023
10/1512023
9/1/2023
8/31/2024
Customer:
Hill To/Ship To:
Opcr.(isv Inc.
PU Rua 41340
San Jose,CA 95160
United StatesPrepared By:
Email:
Coolrael Term:
Audrey Hellr
ahettn@ opengov. costs
2 Montha
City ofAvalon, CA Contact Namr: Marlhew flatter
P0 Box 707 Entail: mhakvri,icityofavalon.com
Avalon, California 90704
United Stales
Billing Frequt.acy: Anntaaiiy in AdVance
Pavmenl Tenot: Net Thirty (30) Days
SOFTWARE SERVICES:
Product / Service
Billing Table:
Billing Date
September 1,2023
lTh t7fl
Start Date End Date
8/31/2024
Amount Due
£25,735.73
Annual Fee
525,73 5.73
Annual Subscription Total: £25,735.73
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: 3/t11j
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Public Trash Collection and Receptacle Maintenance Agreement Extension
RECOMMENDED ACTION(S): Approve extending the public trash collection andmaintenance services agreement with Aladdin Carpet Cleaning and Janitorial through March 1, 2024. Authorize City Staff to publish a request for proposal (REP) for professional public trash collection and maintenance services.
REPORT SUMMARY: Aladdin Carpet Cleaning and Janitorial has been providing public trash collection and maintenance services since 2000. This includes collecting andtransporting waste and recycling for nearly 200 public receptacles in City parks, along the coastline, and in other public spaces. Including the cleaning and maintenance of each receptacle.
In 2018, City Staff completed a request for proposal (REP) for public trash collection and maintenance services and awarded a contract to Aladdin Carpet Cleaning and Janitorial Services. The awarded contract expires this month with an option to renew the agreement for an additional three years. However, the City did not receive a wriffen notice of intentto renew the agreement from the contractor within the allotted time frame.
With new State laws impacting the collection of trash, recycling, and organics, with the need for improved waste diversion, the opportunity for a new RFP and updated scope of services will better align with these new regulations and changing needs of the City.
City Staff met with the contractor who was amenable to the extension of the agreement to March 1, 2024 and indicated interest in continuing to contract with the City beyond. No submission of a notice of intent to renew was an oversight.
City Staff is recommending to extend the existing agreement with Aladdin CarpetCleaning and Janitorial through March 1, 2024. This will provide sufficient time to publish a REP, receive and rate proposals: as well as negotiate a new agreement.
FISCAL IMPACTS: The contract is included in the FY23/24 operating budget.
GOAL ALIGNMENT: Improved Business Process
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing contract will expire for public trash collection and maintenance services.FOLLOW UP ACTION: Extend the existing agreement with Aladdin Carpet Cleaning and Janitorial through March 1, 2024 and publish a Request for Proposal (REP) for public trash collection and maintenance services.ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• None.
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 ADENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: Qs*jLL
PREPARED BY: David Maistros, City Manager
SUBJECT: Catalina Kid Ventures Lease Consideration
RECOMMENDED ACTION(S): Consider Staff recommendation to modify the lease agreement with Catalina Kid Ventures. Authorize the City Manager to amend the lease with Catalina Kid Ventures.
REPORT SUMMARY: The City entered into a lease agreement with Catalina Kid Ventures (CKV) on October 1, 2018 for the property located at 430 Avalon Canyon Road. The propertyis comprised of 1,800 square feet of interior space and 6,231 square feet of exterior space.
CKV provides daycare and preschool services for children ages 18 months to 5 years old.
The 2018 lease agreement charges $1800 per month (a rate of $1 per square foot of interior space) as well as $650 per month for utilities. This amount deviates from the City’s standard lease rate of $325/sq.ft interior space and $1.25/sq.ft. exterior space, as CKV is a non-profit organization.
Upon further consideration of the lease agreement, Staff recognize the essential, public service CKV provides to the Avalon community as the only child-care service provider for children aged 18 months to 3 years.
The City has an established precedence of offering properties to non-profit or public service oriented institutions at an annual rate of $1. At this time, Catalina Mortuary Services, LoveCatalina Tourism Authority, Transportation Concepts, and the Catalina Island Medical Center all have $1 annual leases with the City.
City Staff propose amending the lease with CKV to reduce the annual rent to $1, eliminating the provision requiring the repayment of utilities, and honoring the other standards lease terms.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City and tenant will continue to honor the current lease structure.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT: 2018 Lease Agreement
U R: b i RI AL
LEASE AGREEMENT 7.. “4’ t
This Lease Agreement (“Lease’), effective October 1, 2018 (“Effective Date”), is entered into between the CITY OF AVALON, a municipal corporation (“Lessor”), and Catalina Kid Ventures (“Lessee”), (each individually a “Party” and collectively the “Parties”).
RECITALS
A. Lessor is the owner of certain real property, including the improvements thereon, at 430 Avalon Canyon Road located in the City of Avalon (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 theCity of Avalon Lease Department. This Recital C in no way relieves Lessee of any of itsobligations under this Lease.
LEASE
NOW THEREFORE, the Parties agree as follows:
1. Premises. Lessor leases to Lessee, and Lessee leases from Lessor the portion of the Property located at 430 Avalon Canyon Road consisting of 8,031 square feet of interior and/or exterior space. (1,800 square feet of interior building space and6,231 square feet of designated exterior space) which is more accurately described in Exhibit 1 (“Premises”). Lessor and Lessee agree that if Lessor makes additional space on the Property available to Lessee and Lessee accepts such space, that space shallautomatically be included in the Premises and the terms of this Lease shall automaticallyapply thereto, unless otherwise agreed by the Parties.
2. Term.
(a) Term. The term of this Lease shall be from October 1, 2018 to December 31, 2025 C’lnitial Term”). Lessee shall have the option to renew this Lease for one five (5) year period provided Lessee gives Lessor written notice of intent to renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 daysprior 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 herein as the ‘Term.”
(b) Termination. Lessee may terminate the Lease on sixty (60) days’ written notice to the Lessor.
6SO59.OOOO3953859ILI
3. Rent.
(a) Calculated on Square Footage Basis. Lessee shall pay Lessor rent each month in the amount determined by multiplying tho total interior square footage (1800 square foot) of the Promises by four dollars ($1.00) and the total exterior square footago (6,231 square foot) of the Promicos by throe dollars and twonty fivo conte ($3.25)for a total of $27,450.75 the interior square footage (1,800 square feet) of the Premises byone dollar ($1.00) for a total of $1,800.
In the event that Lessor makes additional space available for Lessee’s use, that space shall automatically be included in the Premises, as defined in Paragraph 1 of this Lease, and the square footage of the Premises used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the totalsquare footage of the Premises. There shall be no reductions in square footage for thepurpose of calculating rent during the off-season.
Tho amount chargod por squaro foot shall bo automatically increased each yoar on July 1 in an amount equal to any incroace in tho most rooont Concumor Price Indox for the Lot Angoles Riverside Orange County California area over the proviouc year publiehod and releacod annually by the U.S. Bureau of Labor Statistics. In tho eventthe Consumer Prico Index docreaces, no change in ront ohargod par square foot shall bemade. Should tho CPI bo discontinued, the index used for oomparison shall be aoomparablo indox as dosignatod by the Bureau. It is rocognizod by both parties that theIndex for any month is not published for approximately two months. Lessee shall, thoroforo, continue to pay the curront rental paid by Loccoo until such time at tho now rental is calculated and, at that time, Locsoo shall pay within ton (10) days of notice of thenow rent the now amount plus arroaragoc. (b) Payment Procedures. Lessee shall remit its monthly rent by no later than the first day of each month during the Term of this Lease to Lessor at the addressstated herein. Rent for any period shorter than one month shall be pro-rated on a dailybasis. There shall be no off-season period where rent is reduced or not due; rent shall be due on the first day of each month regardless of whether the Premises was open for business during the month. Lessee is responsible for making the payments required by this section and the Lessor will not and is under no obligation to send monthly invoices to Lessee regarding any such payments.
4. Use.
(a) Use. Lessee shall occupy and use the Premises only for operation of childcare services and for no other purpose whatsoever. Lessee may determine theirown hours and days of operation. Notwithstanding the previous sentence, Lessee will not be in violation of this Lease if Lessee is unable to have the Premises open for business due to circumstances beyond Lessee’s control, such as severe weather or an event offorce majeure. (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 Premises and Lessee’s
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use of the Premises. Lessee shall not use nor permit the use of the Premises in any manner that will violate the same or unreasonably disturb other property owners or tenants in the areas surrounding the Property or Premises. (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 regardingwhether the Property and common areas and improvements thereon comply with applicable laws, rules, regulations, orders, or any covenants or restrictions of record in effect at the Effective Date of this Lease. Lessee assumes all responsibility regarding theCalifornia Occupational Safety Health Act, the legal use and adaptability of the Premisesand compliance with all applicable laws, rules, regulations, orders and covenants or record in effect during the Term of this Lease relating to the Premises 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 Premises or permit the contaminationof the Premises by Hazardous Materials. For the purpose of this section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,”“hazardous materials,” “toxic substances,” hazardous wastes,” “extremely hazardous wastes” or “restricted hazardous wastes” or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.s.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5,25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any
substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.Notwithstanding any other provision of this Lease, Lessee agrees to comply promptly, andat 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 waste generated at the Premises in
a trash container at
a location designated by Lessor.
6. Special Conditions.
(a) Civic Center Campus Improvements/Renovation. Lessee acknowledges and understands that Lessor may desire to reconfigure, construct or renovate the property owned by the City of Avalon commonly referred to as the Civic Center Campus, which iscomprised of the City Hall, Parking Lots, Childcare Center, and City Hall Courtyard areas.
Lessor will use its best shorts to relocate Lessee’s business during renovations of theCivic Center Campus if such renovations render the Premises unfit for the operation of Lessee’s business. Lessor makes no guarantees regarding the size, location, fitness, or availability of any temporary alternative premises. Upon completion of the Civic CenterCampus improvements/renovations, Lessee will have first right of refusal to reopen itsbusiness in renovated space of its choosing at the Civic Center Campus and Lessee will
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be entitled to renovated space that has at least the same amount of square feet of space as the Premises. In the event Lessor is unable to locate suitable alternative temporaryspace for Lessee’s business during the renovation, Lessee hereby releases Lessor fromall Liability related to the same, as further described in Paragraph 14 of this Lease.
7. Lessee’s Repair and Maintenance Obligations. Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Premises and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the needfor such repairs occurs as a result of Lessee’s use, any prior use, the elements, or theage of the Premises, This includes, but is not limited to, glazing, plumbing, heating, air conditioning, ventilation, electrical and lighting fixtures and facilities, all equipment within the Premises, fixtures, walls (interior and exterior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, tree-trimming, and all fences and signs located on the Property. All repairs or renovations of the property estimated to exceed the financial capacity of the Lessee may be submitted to the Lessor for review and approval of a lowinterest loan to be financed by the Lessor. (a) To the extent that any such repairs, maintenance, or painting obligations imposed by this Section 7 involve, in the determination of the Lessor, the leased property of another tenant(s) of Lessor who leases space in the same building, such as a common roof, Lessee’s obligations under this Section 7 will be divided proportionately between Lessee and the other tenants of Lessor, if any, based on thenumber of square feet leased by each.
8. Surrender. On the last day of the Term of this Lease, or on the date this Lease is earlier terminated, Lessee shall surrender the Premises to Lessor in the samecondition as when received, ordinary wear and tear and damage by casualty excepted,clean and free of debris. If requested by Lessor prior to surrender, Lessee shall removeall trade fixtures, furnishings and equipment owned by Lessee and shall repair anydamage to the Premises occasioned by the installation or removal of Lessee’s trade fixtures, furnishings and equipment.
9. 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 Premises 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 suchobligations on Lessee’s behalf. Any costs incurred by Lessor pursuant to this Paragraph,including interest thereon, shall become due and payable to Lessor together with Lessee’s next rent installment.
10. Damage to Premises. In the event that repairs are necessary to alleviate structural hazards because the Premises 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 repairswhich are made by Lessor prevent the Lessee from occupying a portion of the Premises,
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but Lessee is able to operate on the Premises during such repairs, Lessee shall be entitled to a proportionate reduction in the monthly rent, based on the ratio the floor area which Lessee is unable to occupy, from the date such repairs are commenced until the date the entire Premises is available for Lessee’s occupancy. If the damage preventsLessee from operating on the Premises, then no rent shall be due from the date of damage, as determined by Lessor in its sole discretion, until completion of repairs.
Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor’s expense or toterminate this Lease because of Lessor’s failure to keep the Premises in good order,condition and repair.
11. Alterations and Additions. (a) 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 Premises, or make anychange to the exterior of the Premises or Property, without Lessor’s prior written consent.The term “Utility Installation” shall mean installation of carpeting, window coverings, airlines, power panels, electrical distribution systems, lighting fixtures, space heaters, airconditioning, plumbing, and structural changes. If Lessor authorizes any alterations,improvements, additions, or Utility Installations, all such improvements shall be Lessee’ssole responsibility and shall be installed and removed at Lessee’s sole cost and expense.Upon the removal of any improvement, alteration, addition or Utility Installation, Lesseeshall restore the Premises to its prior condition. Lessor may require Lessee to provideLessor, 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. (b) Any alterations, improvements, additions or Utility Installations, in, on or about the Premises that Lessee shall desire to make shall be presented to Lessor in written form, with proposed detailed plans. Ii Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to thecommencement of the work, and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner.
(c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use of the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien or stop notice against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days’ notice prior to the commencement of any work to the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises or as provide by law. If Lessee shall, in good faith, contest the validity of any such lien, claim, demand, or stop notice, then Lessee shall, at its sole expense defend itself and Lessoragainst the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or any portion of thePremises, upon condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim, stop notice or demand indemnifying Lessor against liability for the same and holding the
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Premises free from the effect of such lien, or claim. In addition, Lessor may require Lessee to pay Lessor’s attorneys’ fees and costs in participating in such action if Lessorshall decide it is to its best interest to do so.
12. Release of Claim For Relocation Benefits. Lessee hereby acknowledges and agrees that Lessee has no claim or right to relocation benefits or compensation of any kind or nature upon termination of this Lease for any reason, even if such termination was made by the unilateral election of Lessor in its sole discretion. Lessee expressly waives any and all claims or rights to receive relocation benefits or compensation of any kind or nature. Lessee acknowledges that Lessor would not enter into this Lease but for this acknowledgment and waiver by Lessee. Notwithstanding anything to the contrary inthis Lease, during any period of repair or reconstruction by Lessor during the Term of this Lease that requires Lessee to vacate the Premises, Lessor shall be under no obligation toprovide alternative space to Lessee, other than any obligations in Section 6 of this Agreement, but Lessee shall be relieved of the obligation to pay rent during such time that Lessee is unable to utilize the Premises. Lessee shall vacate the Premises within sixty(60) days’ written notice to vacate for such purpose and shall be solely responsible for all costs of vacating from and relocating to reconstructed or newly constructed space, if anyis available.
13. 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.
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 CS 00 01 against any liability arising out of the ownership, use occupancy, or maintenance of the Premises, and operation of Lessee’s business at the Premises and all appurtenant thereto when used by Lessee. Such insurance be no less than the following:
Minimum Limits: 1,000,000 per Occurrence; 2000,000
General Aggregate; the General Aggregate shall applyseparately to each location.
H. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000.
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iii. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of the premises leased to the /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 Premises and for the Term of the Lease, Lessee shall obtain and keep in full force and effect a “broadform” policy of insurance including boiler andmachinery comprehensive form, if applicable, covering damage to or loss of any of Tenant’s personal property, furniture, fixtures, equipment and improvements or alterations, including electronic data processing equipment (and coverage for the full replacement cost thereof including business interruption of Tenant), together with, if the property of Tenant’s invitees is to be kept in the Premises, warehouser’s legal liability or bailee customers insurance for the fullreplacement cost of the property belonging to invitees and located in the Premises 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 Premises at its sole cost and expense.
Hi. The limits of said insurance shall not, however, limit the liability of Lessee hereunder.
iv. Lessee must name the City as Loss Payee on its property policy.
(d) Restrictions; Endorsements.
Lessee shall not do or permit to be done anything which shall invalidate the insurance policies during the Term of this Lease.All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor’s option, any additional parties designated by Lessor) as an additional insured; (2) provide that suchinsurance is primary to any policy of Lessor, which shall not be Page 1 of 15 65059.004303’9538590.l
called upon to contribute in any way; and (3) provide that the policy shall not be cancelled, terminated or modified without first providing thirty (30) days’ prior written notice to Lessor. ii. All insurance policies must be issued by an insurer with an A.M. Best rating of at least A:Vll. Lessee shall provideimmediate written notice if (1) any of the required insurance policies are terminated; (2) the limits of any of the requiredpolicies are reduced; or (3) the deductible or self-insuredretention is increased.
14. Indemnification and Release.
(a) Indemnification. Lessee shall indemnify, defend and hold harmless Lessor from and against any arid all claims, losses, damages or liabilities of any kind or nature, including claims for damage to property or persons, including wrongful death,attorney’s fees (“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 Premises orProperty under this Lease, including, without limitation, any activity, work or things done,permitted or suffered by Lessee in or about the Premises or elsewhere on the Property and any breach or default by Lessee of this Lease, but not including any Claim arising from Lessor’s gross negligence or willful misconduct. If any action or proceeding is brought against Lessor by reason of any such Claim, Lessee’s obligation to defend the same shall be done with counsel approved in advance by Lessor. (b) Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee’s business or any lossof income therefrom or for damage to the goods, wares, merchandise or other property ofLessee, Lessee’s employees, contractors, agents, invitees, guests, or any other personon the Premises, 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 detects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures on the Premises or Property, or from any other cause orcondition arising upon the Premises or upon other portions of the Property which the Premises are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor’s sole gross negligence orwillful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Premises.
15. Utilities. Lessee shall arrange and timely pay for air gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Premises,together with any utility taxes thereon.
16. Assignment and Subletting.
(a) Except as otherwise provided below, Lessee shall not convey. assign, transfer, mortgage, pledge, sublet or encumber any interest in the Premises
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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 Premises, or any portion thereof, without Lessor’s prior written consent, which shall not be unreasonably withheld. (b) Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, or encumbrance shall be void where such consent has not been obtained, and the original Lessee shall remain responsible for any unpaid rents, fines, fees, or otherliabilities arising from or related to the Premises. (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 subsequent sublessee(s) will be deemed to be bound by this Lease. (d) Any dissolution, merger, consolidation, or other reorganization of Lessee or sale which results in a change of controlling persons shall be deemed anassignment of this Lease. Any such assignment or subletting without advance written consent of Lessor shall be void, and shall, at the option of the Lessor, constitute a defaultunder 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 and provided Lessee pays to Lessor a lease transfer tee equal to three percent (3%) of the sale price with a cap of $30,000 ofLessee’s business (“Transfer Fee”). The Transfer Fee shall not apply to a transfer of thisLease upon the transfer of a controlling interest in Lessee’s business to a member of theimmediate family of such controlling person , or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee’s business has multiple locations and Lessee assigns, sublets, or transfers theLease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.
17. 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 default:
Abandonment, vacation, or surrender of the Premises by
Lessee without Lessor’s prior written consent (failure to occupy and/or operate the Premises 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 Premises Lessee gives Lessor written notice that Lessee intends to continue using the Premises and willcontinue maintaining the Premises while it is vacant, or the dispossession of Lessee from the Premises (other than by Lessor by process of law or otherwise). ii. The failure by Lessee to make any payment of rent or any reimbursement or payment required to be made by Lessee, including applicable Harbor
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Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the operation of the business or use of the leased facilities hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee.
iii. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee,if the failure has continued for a period of ten (10) days after Lessor demands in writing that Lessee cure the failure, provided however, that if the nature of Lessee’s default is such that more than ten (10) days are reasonably required for its cure, in Lessor’s sole discretion, Lessee shall not be deemed to be in default if Lessee commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to completion tothe 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 Premises or of Lessee’s interest in this Lease, wherepossession 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 Premises 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 ofsuch 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 Premises 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 Premises, includingall attorneys’ fees and court costs incurred, if any; expenses of retelling, including necessary renovation and alteration of the Premises, 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 notreasonably 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 thePremises. In such event, Lessor shall be entitled to enforce all of Lessor’s rights andremedies under this Lease, including the right to recover the rent as it becomes duehereunder. iii. Pursue any other remedy available to Lessor at law or in equity.
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18. Possessor-v 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.
19. Late Charges. Lessee acknowledges that late payment of rent or any sums due under this Lease will cause Lessor to incur costs not contemplated herein, the exact amount of which will be extremely difficult to ascertain, Accordingly, if any sum due from Lessee is not received by the day it is due, then without requirement for notice to Lessee,Lessee shall pay a late charge of ten percent (10%) per month, plus interest at the rate of 1/2 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 costs Lessor will incur by reason of late payment. Acceptance of such late charge shall in noevent 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.
20. Severabiliw. 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.
21. Entire Agreement; Amendments. This Lease contains all agreements of the Parties with respect to the Premises. No prior agreement or understanding pertaining to any such matter shall be effective, whether oral or in writing. This Lease may only bemodified in writing, signed by the Parties.
22. Notices. Any notice required or permitted to be given under this Lease shall be in writing and given by personal delivery or by first class mail to the address and person below. Either Party may, by notice to the other, specify a different address for notice purposes. Notice given by personal delivery shall be deemed received 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 90704Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration-Leases
[email protected]
Lessee: Catalina Kid Ventures
P0 Box 1899
Avalon, California 90704
Tele: 310-510-1704
[email protected]
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23. Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to or approval of any subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be 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 knowledgeof such preceding breach at the time of acceptance of such rent.
24. Holding Over. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. If Lessee, with Lessor’s consent, remains in possession of the Premises or any part of the Premises 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.
25. 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.
26. 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 ofthe State of California. Venue shall be in Los Angeles County.
27. 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.
28. Right to Enter Premises. Lessor and Lessor’s agents shall have the right to enter the Premises, at reasonable limes for the purpose of inspecting the same, showingthe same to prospective purchasers, lenders, or lessees, and making such alterations,repairs, improvements or additions to the Premises or Property as Lessor may deem necessary or desirable. Lessor may, at any time, place on or about exterior of thePremises 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 exterior of the Premises any “For Lease” signs.
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 Premises, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices ofdiscrimination or segregation with reference to the selection, location, number, use, oroccupancy, of employees, contractors or vendors in the Premises.
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30. Quiet Possession. Upon Lessee’s payment of the rent for the Premises and observing and performing all of the covenants, conditions and provisions to beobserved and performed under this Lease, Lessee shall be entitled to have quiet possession of the Premises for the Term of this Lease subject to all of the provisions of this Lease.
31. Compliance with Lessor’s Rules for Use of Premises. 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 Premises, 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 anddefault 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 Premiseshas 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. [Signatures to Lease Agreement on Next Page]
65059.00003\9538590, I
Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below; Less e
Dated:
Its: (‘Aa-sriin&rBy: —‘ ( I
Its: // P?3SZrLCtL
Ci of Avalon
Dated:
Denise Radde,
City Manager
Page l4of 15
65O9.COOO3\953859O. I
EXHIBIT 1
to
Lease Agreement
LEGAL DESCRIPTION OF PREMISES
65O59.ODoo3k953g59j
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM: Ic
ORIGINATING DEP: Finance CITY MANAGER: Q&iw(
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Measure H Update
RECOMMENDED ACTION(S): Receive and file the Measure H Annual Report for the fiscal year ended June 30, 2023.
REPORT SUMMARY: On November 3, 2020, the voters of the City of Avalon approved Avalon Measure H, a ballot initiative authorizing a special tax for the purpose of financing the infrastructure replacement and debt financing for a new medical facility, infrastructure necessary for the implementation of new programs, and associated administrative and financing costs of the Catalina Island Medical Center. The special tax imposes a $0.50 per passenger charge on tickets purchased on or after April 1, 2022 for all cruise ships, crosschannel carriers, and aircrafts carrying passengers for hire or charter, increasing to $1.00 per passenger on April 1, 2023 and $2.00 per passenger on April 1, 2024. The special tax alsoimposes a $1.00 per vessel per day charge for the rental of moorings within the City of Avalon.
The proceeds of the special tax are to be deposited into an account created exclusively for that purpose and designated the “Catalina Island Medical Center Improvement Fund”.
Section 10-2.610 of the Avalon Municipal Code further requires, pursuant to California Government Code Section 50075.3, that the Director of Finance of the City file a report with the Council at least annually that contains the following:
• Amount of funds collected from the special tax and expended; and • Status of any project required or authorized to be funded by the special tax Funds Collected and Expended
Below please find a summary of special tax revenues from the beginning of the tax through June 30, 2023 on an accrual basis:
Month I Cross-Channel Cruise Ship Other Total
April 2022 33,440.50 5,799.00 2,569.37 41,808.87
May2022 31,539.00 10,925.00 3,343.50; 45,807.50
June2022 41,811.00 14,481.50 4,084.16 60,376.66
July 2022 50,458.00 14,220.00 6,431.52 71,109.52
August 2022 46,174.50 16,935.50 5.78597 68,895.97
September2022 33803.50 7,356.50 4,742.04 45,902.01)
October 2022 26,000.50 12,513.50 3,487.44 42,001.44
[ Month Cross-Channel Cruise Ship I Other Total November2022 1759700 12,838.00 1,481.40 31.91640 December 2022 14,993.50 12,797.00 830.25 28620.75
January 2023 12,414.50 8,932.50 483.00 21,830.00
February 2023 11,767.00 13,582.50 654.00 26,003.50 L March 2023 19,116.00 15,942.50 1,237.00 36,295.50 LApril 2023 51,843.00 22,932.00 1,312.00 76,087.00
May2023 56,439.00 26,416.00 2,376.00 85231.00June 2023 71,437.00 23,272.00 2,991.00 97,700.00Total -______ $518,834.00 $218,943.50 $41,808.65 $779,586.15 In addition to the special tax collections, the Catalina Island Medical Center Improvement Fundhad interest income totaling $227.65.
During the prior fiscal year, the City of Avalon made one payment to the Catalina Island Medical Center totaling $496,448.09. The payment reimbursed the Catalina Island MedicalExpenses for various expenses incurred through December 31, 2022 related to the development of the facility master plan and preliminary engineering. In addition, the City incurred administrative costs totaling $1,531.84 related to banking fees and legal fees incurredby the City Attorney.
Project Status
On August 30, 2023, the Catalina Island Health (formerly known as Catalina Island Medical Center) provided the City with the following update regarding the status of the project:
New Facility
We have been working on the initial planning phase of new facility. This part of the planning is essential for the first stage of building the new hospital. The work being conducted is part of the USDA loan application process for when we submit our application in the next application cycle.
Next steps in the process of building new facility:
• Consulting team align on steps to finalizing the Preliminary Architectural Report (PAR) for USDA’s consideration in making their assessment about inviting Catalina Island Health (CIH) into their loan program and prepare change order in scope, fee, and timing for CIH’s execution.
• CIH to execute change order in scope, fee, and timing to prepare revised PAR with roof top helipad including updated project scope narrative, cost estimates, schedule,statement of replacement Hospital benefits to the community, and preliminary Financial Feasibility Forecast.
• Request for proposal (REP) commercial lenders to represent CIH as our mortgage banker representative with USDA for their Rural Development Direct and GuaranteedLoan Program consideration. • Obtain letters of community support for the hospital replacement project. • Introduction and interview with California USDA Rural Development Community Facihties Programs Director and team, once the above are compiled, edited for politics. completed, and assembled for a successful interview with USDA. • If, invited into the program for consideration, then:
o Solicitation and hiring of an Exam Level Feasibility Consulting CPA with USDA loan review experience.
o Solicitation and hiring of a USDA savvy Environmental Engineering Firm to complete an Environmental Assessment.
o Solicitation and hiring of a third-party USDA Loan and CAH competent Real Estate Appraisal Firm
o Prepare a full application in partnership with the above consultants and USDA’S Sate Architect and assigned Community Facilities Program Representative. o Submit a completed and aligned upon and supportive of with State of California USDA Rural Development Community Facilities Program Director and State Architect to USDA’s National Office for their review, questions, and approval. • In all takes about six to nine months or more, depending on the temperament, personalities, competency, and availability of the players.
Once CIH receives a Conditional Loan Commitment from USDA then CIH would begin theSchematic Design. Beginning this process earlier risks that the Schematic Design effortmay have to be revised, redone, and paid for again to respond to National Office comments, upon receiving alignment by the State of California USDA representatives that they are in favor and in support of advocating for financing your project prior to submissionto the national Office for review and approval of a Conditional Loan Commitment.
GOAL ALIGNMENT: Compliance with reporting requirements
FISCAL IMPACTS: There is no fiscal impact by the recommended action to receive and file.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: N/A
CITY OF AVALON CITY COUNCIL
MEETING DATE: October 3, 2023 AGENDA ITEM: I
ORIGINATING DEP: Administration CITY MANAGER: OV4ULL
PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Consideration of Permit for Vehicle Rental — Scott Gorelczenko and Todd Mikles, dba ICON of Avalon
RECOMMENDED ACTION: Discuss and provide direction to Staff. If consensus for approval is reached, make the affirmative findings that the criteria set forth in Avalon Municipal Code Section 5-11 have been met and direct Staff to issue the appropriate permit.
REPORT SUMMARY: In August 2023 the City Manager received an inquiry regarding the application process to establish a new business offering sales, service, and rental of electric golf carts. The proposed rental portion of the business involves “long-term” autoette rentals for periods not to exceed 8 hours.
Avalon Municipal Code (AMC) Section 5-11 establishes the rules and regulations for the operation of businesses in the City that rent or lease vehicles and/or boats without providing adriver.
AMC Section 5-11-04, outlines the process by which an applicant must apply for a permit. Per the AMC. an individual must provide a written application to the City Council in a form prescribed by the City Manager. City Staff determined the Transportation Permit Applicationprocess was the most efficient way to document the request of the applicant.
On September 27, 2023 the City received a transportation permit from Scott Gorelczenko onbehalf of Icon of Avalon. Staff supplemented the application with email confirmation regarding operations.
The applicant requests permitting for 20 commercial rental autoettes. The proposed business will operate out of a brick-and-mortar facility located at 103 Sumner Avenue — the current location of Catalina Coastal Tours retail and ticketing office.
The applicant proposes to utilize the facility on Sumner Avenue as a showroom and retailfacility for Icon Electric Vehicles, as well as an area to provide service and long-term vehicle rentals. Vehicle rentals would be available for periods of half and full days only. Vehicles wouldnot be permitted to be rented overnight.
The proposed vehicles are electric, 6 passenger golf carts. The vehicles are 134 inches long and do not meet definition of an autoette as established by the AMC and California Vehicle Code as they exceed the maximum length by 4 inches. Staff have reached out to the California Department of Motor Vehicles (DMV) to determine if the vehicles meet the definition of a Low- Speed Electric/Neighborhood Electric Vehicle (LSV). The AMC establishes a maximum length for LSVs of 138 inches. At the time this report was authored, City Staff had not yet received confirmation from the DMV regarding the proposed vehicle’s registration classification.
The applicant proposes to store the vehicles in warehouse/storage location. When a vehicle is rented the vehicle will be delivered to a designated location in Avalon. The return process will be the same.
The proposed routes include all areas of Avalon other vehicles can access.
As stated in the application, the business plans to operate year-round, 7 days a week. The business proposes to be open for rentals from 7:45 a.m. to 6 p.m. daily, with the showroom/retail area open from 10a.m. to 6 p.m.Per AMC 5-11.06:
The Council may grant a permit if it is able to make affirmative findings based on the following criteria:
ELThe applicant has presented facts demonstrating a need for the proposed rental or leasing business in the City for residents and visitors, or for a hotel in the City, factsdemonstrating why the hotel or its transient occupants need such autoettes. (bun view of the size and nature of the streets of the City and the character of the City itself, the proposed business or provision of autoette(s) to hotel transient occupants willnot have a deleterious impact on the public health, safety and welfare.
LcjThe vohicles/autoettes associated with the business or hotel will not have a deleterious impact on traffic or parking congestion, traffic safety, noise and air pollution. (dLThe proposed business or provision of autoette(s) to hotel transient occupants will be conducted in a manner which will not be detrimental to the public health, safety and welfare.
Any approval may be subject to such conditions as will assure that the proposed business or provision of autoette(s) to hotel transient occupants will be conducted in accordance with the public health, safety and welfare and will not be a detriment to City visitors or residents. Such conditions may include a limitation on the number and type of vehicles/autoettes which may be used in conjunction with the business or hotel, or conditions pertaining to the parking of such vehicles/autoettes.
Currently, two businesses offer unguided golf cart rentals with a combined fleet of 115vehicles:
- Cartopia/Catalina Island Golf Cart Rentals and Tours has a fleet comprised of 85 autoettes. Though primarily gas powered, there are a few autoettes within the fleet that are electric. Additionally, a few of golf carts do not meet the definition of an autoette and exceed the 130-inch limit; however, 51 of the vehicles utilized within the fleet havegrandfathered commercial vehicle stickers rather than commercial autoette stickers. - Island Rentals has a fleet of 30 commercial autoettes.
The two existing operations have a substantial impact on traffic and congestion in Avalon.
Also, both operations arguably pose a deleterious impact to pubhc health and safety. There are an average of 12-15 rental golf cart accidents each year — some resulting in significant property damage, injury and occasional medical evacuation from the l&and. At this time, rental vehicles account for approximately a third of the total commercial autoette permits issued anda third of the total commercial vehicles permits issued in Avalon.
If approved by the City Council, the applicant must additionally meet the following conditions before a permit may be issued:
• Provide written permission from the Catalina Island Company to operate on private roads,
• Agree to limit pick up and drop off locations to hotels, rental units, or requested locations not to include the Cabrillo Mole, and
• Adhere to the terms outlined in the Avalon Municipal Code, including insurance requirements as set forth in AMC Section 1-601.
FISCAL IMPACTS: Potential for additional revenue to the City through taxes.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Application
2. Avalon Municipal Code Section 5-11 — Vehicle and Boat Rentals Transportation Permit
09127/2023 1:19 PM (PDT)
CITY OF AVAtON
Transportation Permit
Business Name
Applicant First Name
Applicant Last Name
Mailing Address
CityState
Zip Code
Phone
EmailBusiness Physical Address
City
State
Zip Code
Is the business a corporation?Name of corporation
Date incorporationPlace of incorporation
Address of business
Corporate Officer Information
ICON of Avalon
ScottGorelczenko
P0 Box 1812
Avalon
Ca.90704
3105133566
[email protected]
103 Sumner Ave
Avalon
California90704
Yes
ICON of Avalon Corp.
TBD/ Approval Pending
Avalon. Ca.
103 Sumner Ave
Corporate Officer Full Name
Todd Mikles
Corporate Officer Ae
52 Nature of Business
Describe the nature of business
(Explain extent, character andmanner in which proposed
operation is to be conducted)
Vehicles to be used
Vehicle Year
2023
ICON of Avalon is a Sales, Service and Rentals of Electric golf carts. We offer 1/2 and furl day rentals of Eco-friendly golf carts that would provide a concierge level of service. Carts would be parked overnight at our warehouse and delivered to our clients. Our showroom will display vehicle options where residents can order, finance, and trade out their current gas carts to meet theState, County and City goals of transitioning vehicles to electric. Service to beperformed at our warehouse! storage location.
Vehicle Model
ICON Eletric Vehicle
Body Type
i6OL
Vehicle License Number
NEW
Vehicle Capacity
6 Is this vehicle currentiy permitted in Avalon?No
What type of permit will you be seeking?
Commercial Autoette
Proposed Dates/Hours of
Operation
Describe Routes
Yearround operation. Showroom open from 1OAM-6PM Mon-Sunday Rentals available from 745AM - 6PM
Vehicles would be outfitted with GPS and tracking systems.
Routes would be approved city streets where rentals vehicles are permitted.
Proposed Points of Discharge and Pick-up of Passengers
Proposed Pick-up/Drop-off
Concierge Service vehicles to be personally dropped off and picked up direct to customer.
How will you remit payment? Online via Credit Card
(Please note a 3% convenience
fee is assessed on all credit card
payments)
Please click to acknowledge your Yesunderstanding of an additionalassessment of 3% for all credit card transactions
Total Non-Refundable Application Fee Due: $280.16
By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature.
Signature of Applicant
Payment DetaIs
0912712023 119 PM (PDI)
Transaction Id 21 875a4f-ba3b-45a7-bba5-O7ff4fe2fal eOrder Number 70f36533-dObf-4cd 1 -9cf9-bf6363d4400d Payment Type CreditDebitCardCard Number xxxx xxxx xxxx 2003 Amount $28016
Created At 09/2712023 1:19 PM (PDT)
Devin Thompson
From: Stacie Amarantos <[email protected]>
Sent: Wednesday, September 27, 2023 2:21 PM
To: Devin ThompsonSubject: Re: CON of Avalon Transportation Permit Application Yes confirmed it does meet the low speed vehicle code
Sent from my iPhone
On Sep 27. 2023, at 2:03 PM, Devin Thompson <dthompsoncityofavalon.eom> wrote:
Thanks so much for this information and the spec sheet.
Can you confirm, or confirm with the dealer, ii this vehicle would meet the “Low-Speed Vehicle/Neighborhood Electric” vehicle definition as defined in either California Vehicle Code 385.5 or 49 CFR 571.500?
Thanks again,
Devin
From: Stacie Amarantos <[email protected]>
Sent: Wednesday, September 27, 2023 1:55 PM
To: Devin Thompson <[email protected]>
Subject: Re: ICON of Avalon Transportation Permit Application Hi Devin.
Thanks for the confirmation and here are the answers to your questions:
I.) yes we will have a Brick & Mortar shop in Avalon that will provide rental service & sales.
Once rented the carts will be brought into town for the customer, this keeping oil the streets due to parking congestion.
2.) The number Autos requested is 20 units the measurements for the golf carts are 34 inches in length x 49 wide.
Let me know if you need anything else
Scott Gorelczenko
Sent from my iPhone
1 On Sep 27, 2023, at 1:43 PM, Devin Thompson <dmpstp.citvofavaIon.corn> wrote:
Thanks so much Scott.
I have received the application.
Can you please confirm the number of autoettes you would like to be considered in this request?
Also, can you please confirm the autoette dimensions?
Last thing (for now) wanted to confirm: you plan to have a brick-and-mortar facility in Avalon you would potential organize rentals from, in addition to the concierge service, is that correct?
Thanks so much,
Devin
From: CivicOptimize Productivity <[email protected]> Sent: Wednesday, September 27, 2023 1:22 PM
To; [email protected]
Cc: Devin Thompson
Subject: ICON of Avalon Transportation Permit Application !\ \ / I
j ij_’ ,J
On behalf of the City of Avalon. thank you for submitting a Transportation Permit on 09/27/2023 1:19 PM (PDT).
City Staff will review the submitted Transportation Permit and contact you if there are any questions, or if additional information is required.
Please do not hesitate to contact the City if you have any questions. 2 Sincerely,
City of Avalon Staff
<ICON of Avalon Transportation Permit Applica1ion.pdf
<i6O.pdt’
3 ICON®
ELECTRIC VEHICLES LASTREVISED:OB/29(2023
0 160 Specs• Weight; 1477 lbs.• Capacity: 6 People• Overall Dimensions LsWxH: l34inxdginx7sin• Colors: Alpine White Metallic. Silver Melallic, Champagne Metallic. Raven Black Metallic, Sangria Red Metallic, Torch Red,Tangerine Orange, Tuscan Yellow. Lime Green, Forest GreenMetallic, Caribbean Blue, indigo Blue Meleilic, Purple Metallic H
Electrical Systems• Controller; 450A ICON Controller• Motor; 480 ICON 5KW 3 Phase High Toroue Motor• Charger; ICON 48V On’ Board Charging System with Body Mounted Charge indicator
• Batteries: (8) 6 Volt Sealed Maintenance-Free 4GM or upgrade to Sly iO5Ah Lithium Eco Battery
Body Configuration
• Windshield; °otdabla Acrytic(Optional DOT Acrylic• Roof; innovative air detlocling design with full high-strength aluminum Iranie
• Body; injection Molded Thermoplastic that is both stylish arid resilient to outside damage
• Mirrors: Putty Adtustabte and Foldable• Floor: High-Density Polyelhytene molded for extra strength and toughness with Rubber l:toor Mat
• Wheels: 10 inch Machined Face Aluminum with Powder Coaled Accents
• Tires: 205/SORb B Ply Nylon Cord or 215/35R12 6 Ply
Nylon Cord
• Front Suspension; Macpharson Style Fully independeni Coil Over Shock with Camber Adjustment
• Rear Suspension: Solid Axle Coil Over Shock and
Stabilizing Bar
• Drtvetrain; bO.5;1 or i41 I-kgb Speed Rear Axle• Chassis: Tubular Powder Coated Steel Frame• Instrumentation: Fully integrated Digliet Instrument Cluster• lighting and Signals: Single Combination Switch for LED Projei;tor Hi K [o Ream Headlights LED Signal Lighis,
titlights and i-torn
• Safety Restraint: Side Flip RestraintS Retractable Seat Belts• Braking System; Four Wheel Disc Breket and Electromagnetic Parking brake System
• Steering: Self-Adjusting Doubts-Ended Rack snd Pinion• Oash Components; Forward/Neutral/Reverse Switch. USII end 12V Plugs, Culxt,y Storage, Multiple Cup Holders, Kay Switch Instrumentation Cluster
• Seats: Marine Grade Vinyl Cussnm Stitched Panel, Single Color, Color Mati:hed with White or Black Accents. Foist Flat Rear Seatfor Hauting 3YEARJ
sa([email protected] (866) 426-6380 www.jconev.com
City of Ava/on. CA
Wednesday September 27. 2023
Chapter 5-11. Vehicle and Boat Rentals
§ 5-11.01. Purpose.
[2, Ord. 701, eff. July 6, 1981]
Special problems exist in the City with respect to the size and nature of its streets and with respect to the unique characteristics and inherent nature of the City itself. In view of these problems, and to minimize deleterious impacts on vehicle and boat traffic congestion, safety, noise and pollution, this chapter is enactedto provide rules and regulations for the operation of businesses in the City which rent or lease vehicles and boats to any person.
§ 5-11.02. Definitions.
[ 2, Ord. 701, eff. July 6, 1981; amended by Ord. No. 1198-21. eff. September 2, 202111 For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) VEHICLE — Shall mean and include any tram, cart, automobile, electric bicycle, boat, vessel instrumentality used for transportation on land or in water which is rented or leased to any person. (b) PERSONAL MOBILITY UEVICE — Shall mean and include motorcycles, mopeds, motorized scooters, hover boards, electrically motorized boards, Segways, or any other similar motor or battery powereddevices. § 5-11.03. Permit Required.
[ 2, Ord. 701, eff. July 6, 1981; § 2, Ord. 827U, eff. June 8, 1988; Ord U-1112-12, eff. March 20, 2012; § 3, Ord. 1117-13, eff. May 2, 2013] A permit shall be required of any person or entity in the business of renting or leasing vehicles without providing a driver to any person in the City. A permit shall be required of the operator of any hotel whoprovides or makes available the temporary use of an autoette along with or as an integrated part of the purchase of lodging to transient occupants of the hotel, except that such hotel operator need not comply with § 5-11.08 through 5-11.012 because autoettes are not being made available for rent or lease to the general public. For purposes of this section, a hotel shall be defined as set forth in § 3-3.402(a) of the Avalon Municipal Code. § 5-11.04. Permit Application.
[ 2, Ord. 701, eff. July 6, 1981; Ord. U-1112-12, eff. March 20, 2012; § 4, Ord. No. 1117-13, eff. May 2, 2013] Any person applying for a permit under § 5-11.03 shall first apply for a permit by making written application to the Council. Such application shall be in the form and shall contain such information as is prescribed by the City Manager and shall be accompanied by an application fee prescribed by resolution of the Council. § 5-11.05. Permit: Hearing.
[ 2, Ord. 701, eff. July 6, 1981]
The Council shall consider and decide upon the application within 60 days of filing of an application unless said time is extended by agreement of the applicant. Prior to making its decision, the Council shall give theapplicant or his authorized representative an opportunity to present facts in favor of the application.§ 5-11.06. Permit: Decision. [ 2. Ord, 701, eff. July 6. 1981; Ord. U-1112-12. eff. March 20, 2012; § 5, Ord. 1117-13, eff. May 2,2013] The Council may grant a permit if it is able to make affirmative findings based on the following criteria:
(a) The applicant has presented facts demonstrating a need for the proposed rental or leasing business in the City for residents and visitors, or for a hotel in the City, facts demonstrating why the hotel or its transient occupants need such autoettes.
(b) In view of the size and nature of the streets of the City and the character of the City itself, the proposed business or provision of autoette(s) to hotel transient occupants will not have a deleterious impact on the public health, safety and welfare.
(c) The vehicles/autoettes associated with the business or hotel will not have a deleterious impact on traffic or parking congestion, traffic safety, noise and air pollution. (d) The proposed business or provision of autoette(s) to hotel transient occupants will be conducted in a manner which will not be detrimental to the public health, safety and welfare.
Any approval may be subject to such conditions as will assure that the proposed business or provision of autoette(s) to hotel transient occupants will be conducted in accordance with the public health, safety and welfare and will not be a detriment to City visitors or residents. Such conditions may include a limitation onthe number and type of vehicles/autoettes which may be used in conjunction with the business or hotel, or conditions pertaining to the parking of such vehicleslautoettes. § 5-11.07. Insurance.[ 2, Ord. 701, eff. July 6, 1981]
Prior to issuance of a permit, the applicant shall procure a policy of liability insurance from a company authorized to do business in the State of California, which policy shall designate the City as additional insured and protect it against any and all claims and liabilities for death, injury, loss or damage to person or property arising out of or in any manner related to applicants operations and vehicles involved therein. Such policy of insurance shall contain not less than the following limits of liability:Bodily Injury: $500,000 for death or bodily injury or loss sustained by any one person in any one accident;and Si 000,000 for death, bodily injury or loss sustained by more than one person in any one incident; and Property Damage: $250,000 for loss occasioned by damage or injury to property in any one incident.
Combined Limits: A combined single limit policy with aggregate limits in the amount of 51,000,000 will beconsidered equivalent to the required minimum limits. Prior to issuance of a permit, applicant shall deliver said policy of insurance, or a certified photostatic copy thereof, to the City Attorney for approval by him as toform and sufficiency, and the permit shall not be issued until such insurance policy is so delivered and so approved. When such policy has been so approved, it shall be filed in the office of the City Clerk of City. Said policy shall name the City as an additional insured and not be subject to cancellation without 30 days’ prior written notice to the City.
§ 5-11.08. Rental Charges: Posting.
[ 2, Ord. 701, eff. July 6, 1981]No person shall conduct or operate a vehicle or bicycle rental business without installing and maintaining plainly visible to all who come to his place of business a sign showing the prices to be charged therefor. § 5-11.09. Charging in Excess of Posted Charges.
[ 2, Ord. 701, eff. July 6, 1981]
Such rental operator shall not charge or collect any fee for the rental of any such vehicle or bicycle at a rate in excess of the rate posted.
§ 5-11.10. Changing Posted Charges.
[ 2, Ord. 701, elf. July 6, 1981]
Any posted schedule of fees may be changed prior to the opening of any rental business at the beginning of the business day. Changes of posted rates shall not be made during the course of any business day while the business is open for business.
§ 5-11.11. Issuance of Receipts for Charges.
2, Ord. 701, eff. July 6, 1981]
A receipt showing the time the rental period started and ended, together with the charges collected for the use of such equipment, shall be given by the operator to the renter upon the request of the renter. § 5-11.12. Charges to be on Hourly and/or Daily Basis.
[ 2, Ord. 701. elf. July 6, 1981]
Rates shall be on an hourly and/or daily basis and charges shall be computed and prorated for any time not divisible into even hours.
§ 5-11.13. Revocation.
[ 2, Ord. 701, elf. July 6, 1981]
The Council shall have the power to revoke or suspend any permit granted pursuant to the provisions of this chapter upon determination that:
(a) The permit holder has violated the provisions of this chapter or of any other applicable laws, statutes, ordinances or regulations.
(b) The permit holder has violated any conditions of approval. (c) The permit holder has conducted his business in a manner detrimental to the public health, safety and welfare,
Prior to any such revocation, the Council shall give the permit holder or his authorized representative an op portunity to present facts in opposition to revocation. § 5-11.14. Permits: Duration.
( 2, Ord. 701, elf. July 6, 1981]
Any permit issued pursuant to this chapter shall expire one year from the date of issuance. Prior to expiration, the permit holder may apply for renewal, upon which application the Council shall review theconduct of the business in relation to the criteria set forth in § 5-11.06 and any conditions to which the permit is subject. The Council may renew the permit upon making an affirmative finding that said criteria and conditions have been satisfied during the previous year. § 5-11.15. Permit: Modification of Conditions.
[ 2, Ord. 701, eff. July 6, 1981]
After a permit has been granted or renewed, any conditions which may have been imposed upon the permit holder may be modified by the Council upon application of the permit holder. Any such modifications may be made upon the Council’s determination that:
(a) The permit holder has demonstrated a necessity for the modifications. (b) The modifications will not be detrimental to the public health! safety and welfare. (c) The modifications are not contrary to the original intent of the initial approval. § 5-11.16. Compliance with Code.
r 2, Ord. 701, eff. July 6, 19811
Any person holding a permit under this chapter shall also be in compliance with § 3-1.204 and with Article 17 of Title 4 of the Avalon Municipal Code. A business license under § 3-1.204 for conduct of the business of renting and leasing vehicles shall not be issued unless an applicant first obtains a permit under this chapter. § 5-11.17. Non-Transferability.
[ 2, Ord. 701, eff. July 6, 1981]No permit issued under this chapter shall be transferable without express consent of the Council! pursuant to this ordinance.
§ 5-11.18. Prohibition; Rental of Personal Mobility Devices. [Added byOrd. No. 1198-21! eff. September 2, 2021]
It shall be unlawful to rent or commercially operate any personal mobility device. Personal mobility devices shall not be rented or leased to any person.